ACT No. 3815 (December 8, 1930) Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

Preliminary Article - This law shall be known as "The Revised Penal Code." There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF Article 4. Criminal liability. - Criminal liability shall be incurred:
THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE
AND THE PENALTIES 1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
Preliminary Title
2. By any person performing an act which would be an offense against persons or
DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE property, were it not for the inherent impossibility of its accomplishment or an account
of the employment of inadequate or ineffectual means.
Article 1. Time when Act takes effect. - This Code shall take effect on the first day of January,
nineteen hundred and thirty-two. Article 5. Duty of the court in connection with acts which should be repressed but which are not
covered by the law, and in cases of excessive penalties. - Whenever a court has knowledge of any act
Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential which it may deem proper to repress and which is not punishable by law, it shall render the
application, the provisions of this Code shall be enforced not only within the Philippine proper decision, and shall report to the Chief Executive, through the Department of Justice, the
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of reasons which induce the court to believe that said act should be made the subject of legislation.
its jurisdiction, against those who:
In the same way, the court shall submit to the Chief Executive, through the Department of Justice,
1. Should commit an offense while on a Philippine ship or airship such statement as may be deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result in the imposition of a
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or clearly excessive penalty, taking into consideration the degree of malice and the injury caused by
obligations and securities issued by the Government of the Philippine Islands; the offense.

3. Should be liable for acts connected with the introduction into these islands of the Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as
obligations and securities mentioned in the presiding number; those which are frustrated and attempted, are punishable.

4. While being public officers or employees, should commit an offense in the exercise of A felony is consummated when all the elements necessary for its execution and accomplishment
their functions; or are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.
There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of
Title One some cause or accident other than this own spontaneous desistance.

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Article 7. When light felonies are punishable. - Light felonies are punishable only when they have
been consummated, with the exception of those committed against person or property.
Chapter One
FELONIES
Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony circumstance are present, and the further requisite, in case the revocation was given by
are punishable only in the cases in which the law specially provides a penalty therefor. the person attacked, that the one making defense had no part therein.

A conspiracy exists when two or more persons come to an agreement concerning the commission 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first
of a felony and decide to commit it. and second requisites mentioned in the first circumstance of this Article are present and
that the person defending be not induced by revenge, resentment, or other evil motive.
There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present;
Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which
the law attaches the capital punishment or penalties which in any of their periods are afflictive, in First. That the evil sought to be avoided actually exists;
accordance with Art. 25 of this Code.
Second. That the injury feared be greater than that done to avoid it;
Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned Art.. Third. That there be no other practical and less harmful means of preventing it.

Light felonies are those infractions of law for the commission of which a penalty of arrest menor 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
or a fine not exceeding 200 pesos or both; is provided. office.

Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future 6. Any person who acts in obedience to an order issued by a superior for some lawful
may be punishable under special laws are not subject to the provisions of this Code. This Code purpose.
shall be supplementary to such laws, unless the latter should specially provide the contrary.
Article 12. Circumstances which exempt from criminal liability. - the following are exempt from
Chapter Two criminal liability:
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL
LIABILITY 1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

Article 11. Justifying circumstances. - The following do not incur any criminal liability: When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
1. Anyone who acts in defense of his person or rights, provided that the following established for persons thus afflicted, which he shall not be permitted to leave without
circumstances concur; first obtaining the permission of the same court.

First. Unlawful aggression. 2. A person under nine years of age.

Second. Reasonable necessity of the means employed to prevent or repel it. 3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
Third. Lack of sufficient provocation on the part of the person defending himself. the provisions of Art. 80 of this Code.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, When such minor is adjudged to be criminally irresponsible, the court, in conformably
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by with the provisions of this and the preceding paragraph, shall commit him to the care
affinity in the same degrees and those consanguinity within the fourth civil degree, and custody of his family who shall be charged with his surveillance and education
provided that the first and second requisites prescribed in the next preceding otherwise, he shall be committed to the care of some institution or person mentioned in
said Art. 80.
 4. Any person who, while performing a lawful act with due care, causes an injury by 9. Such illness of the offender as would diminish the exercise of the will-power of the
mere accident without fault or intention of causing it. offender without however depriving him of the consciousness of his acts.

5. Any person who act under the compulsion of irresistible force. 10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury. Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause. Article 14. Aggravating circumstances. - The following are aggravating circumstances:

Chapter Three 1. That advantage be taken by the offender of his public position.
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
2. That the crime be committed in contempt or with insult to the public authorities.
Article 13. Mitigating circumstances. - The following are mitigating circumstances;
3. That the act be committed with insult or in disregard of the respect due the offended
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify party on account of his rank, age, or sex, or that is be committed in the dwelling of the
or to exempt from criminal liability in the respective cases are not attendant. offended party, if the latter has not given provocation.

2. That the offender is under eighteen year of age or over seventy years. In the case of the 4. That the act be committed with abuse of confidence or obvious ungratefulness.
minor, he shall be proceeded against in accordance with the provisions of Art. 80.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or
3. That the offender had no intention to commit so grave a wrong as that committed. where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act. 6. That the crime be committed in the night time, or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the Whenever more than three armed malefactors shall have acted together in the
same degrees. commission of an offense, it shall be deemed to have been committed by a band.

6. That of having acted upon an impulse so powerful as naturally to have produced 7. That the crime be committed on the occasion of a conflagration, shipwreck,
passion or obfuscation. earthquake, epidemic or other calamity or misfortune.

7. That the offender had voluntarily surrendered himself to a person in authority or his 8. That the crime be committed with the aid of armed men or persons who insure or
agents, or that he had voluntarily confessed his guilt before the court prior to the afford impunity.
presentation of the evidence for the prosecution;
9. That the accused is a recidivist.
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow A recidivist is one who, at the time of his trial for one crime, shall have been previously
beings. convicted by final judgment of another crime embraced in the same title of this Code.
 10. That the offender has been previously punished by an offense to which the law Article 15. Their concept. - Alternative circumstances are those which must be taken into
attaches an equal or greater penalty or for two or more crimes to which it attaches a consideration as aggravating or mitigating according to the nature and effects of the crime and
lighter penalty. the other conditions attending its commission. They are the relationship, intoxication and the
degree of instruction and education of the offender.
11. That the crime be committed in consideration of a price, reward, or promise.
The alternative circumstance of relationship shall be taken into consideration when the offended
12. That the crime be committed by means of inundation, fire, poison, explosion, party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
stranding of a vessel or international damage thereto, derailment of a locomotive, or by relative by affinity in the same degrees of the offender.
the use of any other artifice involving great waste and ruin.
The intoxication of the offender shall be taken into consideration as a mitigating circumstances
13. That the act be committed with evidence premeditation. when the offender has committed a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony but when the intoxication is habitual or intentional,
14. That the craft, fraud or disguise be employed. it shall be considered as an aggravating circumstance.

15. That advantage be taken of superior strength, or means be employed to weaken the Title Two
defense.
PERSONS CRIMINALLY LIABLE FOR FELONIES
16. That the act be committed with treachery (alevosia).
Article 16. Who are criminally liable. - The following are criminally liable for grave and less grave
There is treachery when the offender commits any of the crimes against the person, felonies:
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which 1. Principals.
the offended party might make.
2. Accomplices.
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act. 3. Accessories.

18. That the crime be committed after an unlawful entry. The following are criminally liable for light felonies:

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or 1. Principals
window be broken.
2. Accomplices.
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As Article 17. Principals. - The following are considered principals:
amended by RA 5438).
1. Those who take a direct part in the execution of the act;
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions. 2. Those who directly force or induce others to commit it;

Chapter Five 3. Those who cooperate in the commission of the offense by another act without which it
ALTERNATIVE CIRCUMSTANCES would not have been accomplished.
Article 18. Accomplices. - Accomplices are those persons who, not being included in Article 17, Article 24. Measures of prevention or safety which are nor considered penalties. - The following
cooperate in the execution of the offense by previous or simultaneous acts. shall not be considered as penalties:

Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the 1. The arrest and temporary detention of accused persons, as well as their detention by
crime, and without having participated therein, either as principals or accomplices, take part reason of insanity or imbecility, or illness requiring their confinement in a hospital.
subsequent to its commission in any of the following manners:
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for
1. By profiting themselves or assisting the offender to profit by the effects of the crime. the purposes specified therein.

2. By concealing or destroying the body of the crime, or the effects or instruments 3. Suspension from the employment of public office during the trial or in order to
thereof, in order to prevent its discovery. institute proceedings.

3. By harboring, concealing, or assisting in the escape of the principals of the crime, 4. Fines and other corrective measures which, in the exercise of their administrative
provided the accessory acts with abuse of his public functions or whenever the author of disciplinary powers, superior officials may impose upon their subordinates.
the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime. 5. Deprivation of rights and the reparations which the civil laws may establish in penal
form.
Article 20. Accessories who are exempt from criminal liability. - The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses, Chapter Two
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by CLASSIFICATION OF PENALTIES
affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article. Article 25. Penalties which may be imposed. - The penalties which may be imposed according to
this Code, and their different classes, are those included in the following:
Title Three
Scale
PENALTIES
Principal Penalties
Chapter One
PENALTIES IN GENERAL Capital punishment:

Article 21. Penalties that may be imposed. - No felony shall be punishable by any penalty not Death.
prescribed by law prior to its commission.
Afflictive penalties:
Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as
they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final Reclusion perpetua,
sentence has been pronounced and the convict is serving the same. Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Article 23. Effect of pardon by the offended party. - A pardon of the offended party does not Prision mayor.
extinguish criminal action except as provided in Article 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his express waiver.
Correctional penalties:
 Prision correccional, Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and
Arresto mayor, temporary disqualification shall be from six years and one day to twelve years, except when the
Suspension, penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be
Destierro. that of the principal penalty.

Light penalties: Prision correccional, suspension, and destierro. - The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six years, except
Arresto menor, when suspension is imposed as an accessory penalty, in which case, its duration shall be that of
Public censure. the principal penalty.

Penalties common to the three preceding classes: Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one
day to six months.
Fine, and
Bond to keep the peace. Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.

Accessory Penalties Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of
time as the court may determine.
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification, Article 28. Computation of penalties. - If the offender shall be in prison, the term of the duration
Suspension from public office, the right to vote and be voted for, the profession or of the temporary penalties shall be computed from the day on which the judgment of conviction
calling. shall have become final.
Civil interdiction,
Indemnification, If the offender be not in prison, the term of the duration of the penalty consisting of deprivation
Forfeiture or confiscation of instruments and proceeds of the offense, of liberty shall be computed from the day that the offender is placed at the disposal of the judicial
Payment of costs. authorities for the enforcement of the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant commences to serve his sentence.
Article 26. When afflictive, correctional, or light penalty. - A fine, whether imposed as a single of
as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a Article 29. Period of preventive imprisonment deducted from term of imprisonment. - Offenders
correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light who have undergone preventive imprisonment shall be credited in the service of their sentence
penalty if it less than 200 pesos. consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the
Chapter Three same disciplinary rules imposed upon convicted prisoners, except in the following cases:
DURATION AND EFFECTS OF PENALTIES
1. When they are recidivists or have been convicted previously twice or more times of
Section One. - Duration of Penalties any crime; and

Article 27. Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be 2. When upon being summoned for the execution of their sentence they have failed to
pardoned after undergoing the penalty for thirty years, unless such person by reason of his surrender voluntarily.
conduct or some other serious cause shall be considered by the Chief Executive as unworthy of
pardon. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to during which he has undergone preventive imprisonment. (As amended by Republic Act 6127,
twenty years. June 17, 1970).
Whenever an accused has undergone preventive imprisonment for a period equal to or more Article 33. Effects of the penalties of suspension from any public office, profession or calling, or the
than the possible maximum imprisonment of the offense charged to which he may be sentenced right of suffrage. - The suspension from public office, profession or calling, and the exercise of the
and his case is not yet terminated, he shall be released immediately without prejudice to the right of suffrage shall disqualify the offender from holding such office or exercising such
continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case profession or calling or right of suffrage during the term of the sentence.
the maximum penalty to which the accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988). The person suspended from holding public office shall not hold another having similar functions
during the period of his suspension.
Section Two. - Effects of the penalties according to their respective nature
Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his
Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The sentence of the rights of parental authority, or guardianship, either as to the person or property
penalties of perpetual or temporary absolute disqualification for public office shall produce the of any ward, of marital authority, of the right to manage his property and of the right to dispose of
following effects: such property by any act or any conveyance inter vivos.

1. The deprivation of the public offices and employments which the offender >may have Article 35. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give
held even if conferred by popular election. bond to keep the peace, to present two sufficient sureties who shall undertake that such person
will not commit the offense sought to be prevented, and that in case such offense be committed
2. The deprivation of the right to vote in any election for any popular office or to be they will pay the amount determined by the court in the judgment, or otherwise to deposit such
elected to such office. amount in the office of the clerk of the court to guarantee said undertaking.

3. The disqualification for the offices or public employments and for the exercise of any The court shall determine, according to its discretion, the period of duration of the bond.
of the rights mentioned.
Should the person sentenced fail to give the bond as required he shall be detained for a period
In case of temporary disqualification, such disqualification as is comprised in paragraphs which shall in no case exceed six months, is he shall have been prosecuted for a grave or less
2 and 3 of this article shall last during the term of the sentence. grave felony, and shall not exceed thirty days, if for a light felony.

4. The loss of all rights to retirement pay or other pension for any office formerly held. Article 36. Pardon; its effect. - A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly restored by the terms of the
Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The pardon.
penalties of perpetual or temporal special disqualification for public office, profession or calling
shall produce the following effects: A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed
upon him by the sentence.
1. The deprivation of the office, employment, profession or calling affected;
Article 37. Cost; What are included. - Costs shall include fees and indemnities in the course of the
2. The disqualification for holding similar offices or employments either perpetually or judicial proceedings, whether they be fixed or unalterable amounts previously determined by law
during the term of the sentence according to the extent of such disqualification. or regulations in force, or amounts not subject to schedule.

Article 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise Article 38. Pecuniary liabilities; Order of payment. - In case the property of the offender should
of the right of suffrage. - The perpetual or temporary special disqualification for the exercise of not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the
the right of suffrage shall deprive the offender perpetually or during the term of the sentence, following order:
according to the nature of said penalty, of the right to vote in any popular election for any public
office or to be elected to such office. Moreover, the offender shall not be permitted to hold any 1. The reparation of the damage caused.
public office during the period of his disqualification.
2. Indemnification of consequential damages.
 3. The fine. Article 42. Prision mayor; Its accessory penalties. - The penalty of prision mayor, shall carry with
it that of temporary absolute disqualification and that of perpetual special disqualification from
4. The cost of the proceedings. the right of suffrage which the offender shall suffer although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon.
Article 39. Subsidiary penalty. - If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary Article 43. Prision correccional; Its accessory penalties. - The penalty of prision correccional shall
personal liability at the rate of one day for each eight pesos, subject to the following rules: carry with it that of suspension from public office, from the right to follow a profession or calling,
and that of perpetual special disqualification from the right of suffrage, if the duration of said
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall imprisonment shall exceed eighteen months. The offender shall suffer the disqualification
remain under confinement until his fine referred to in the preceding paragraph is provided in the article although pardoned as to the principal penalty, unless the same shall have
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the been expressly remitted in the pardon.
sentence, and in no case shall it continue for more than one year, and no fraction or part
of a day shall be counted against the prisoner. Article 44. Arresto; Its accessory penalties. - The penalty of arresto shall carry with it that of
suspension of the right too hold office and the right of suffrage during the term of the sentence.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall
not exceed six months, if the culprit shall have been prosecuted for a grave or less grave Article 45. Confiscation and forfeiture of the proceeds or instruments of the crime. - Every penalty
felony, and shall not exceed fifteen days, if for a light felony. imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the
crime and the instruments or tools with which it was committed.
3. When the principal imposed is higher than prision correccional, no subsidiary
imprisonment shall be imposed upon the culprit. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
4. If the principal penalty imposed is not to be executed by confinement in a penal articles which are not subject of lawful commerce shall be destroyed.
institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivations as Chapter Four
those of which the principal penalty consists. APPLICATION OF PENALTIES

5. The subsidiary personal liability which the convict may have suffered by reason of his Section One. - Rules for the application of penalties to the persons criminally liable and for the
insolvency shall not relieve him, from the fine in case his financial circumstances should graduation of the same.
improve. (As amended by RA 5465, April 21, 1969).
Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for
Section Three. - Penalties in which other accessory penalties are inherent the commission of a felony shall be imposed upon the principals in the commission of such
felony.
Article 40. Death; Its accessory penalties. - The death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as
civil interdiction during thirty years following the date sentence, unless such accessory penalties applicable to the consummated felony.
have been expressly remitted in the pardon.
Article 47. In what cases the death penalty shall not be imposed. - The death penalty shall be
Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. - The penalties of imposed in all cases in which it must be imposed under existing laws, except in the following
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life cases:
or during the period of the sentence as the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though pardoned as to the principal penalty, 1. When the guilty person be more than seventy years of age.
unless the same shall have been expressly remitted in the pardon.
 2. When upon appeal or revision of the case by the Supreme court, all the members Article 53. Penalty to be imposed upon accessories to the commission of a consummated felony. -
thereof are not unanimous in their voting as to the propriety of the imposition of the The penalty lower by two degrees than that prescribed by law for the consummated felony shall
death penalty. For the imposition of said penalty or for the confirmation of a judgment of be imposed upon the accessories to the commission of a consummated felony.
the inferior court imposing the death sentence, the Supreme Court shall render its
decision per curiam, which shall be signed by all justices of said court, unless some Article 54. Penalty to imposed upon accomplices in a frustrated crime. - The penalty next lower in
member or members thereof shall have been disqualified from taking part in the degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in
consideration of the case, in which even the unanimous vote and signature of only the the commission of a frustrated felony.
remaining justices shall be required.
Article 55. Penalty to be imposed upon accessories of a frustrated crime. - The penalty lower by
Article 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less two degrees than that prescribed by law for the frustrated felony shall be imposed upon the
grave felonies, or when an offense is a necessary means for committing the other, the penalty for accessories to the commission of a frustrated felony.
the most serious crime shall be imposed, the same to be applied in its maximum period.
Article 56. Penalty to be imposed upon accomplices in an attempted crime. - The penalty next
Article 49. Penalty to be imposed upon the principals when the crime committed is different from lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed
that intended. - In cases in which the felony committed is different from that which the offender upon the accomplices in an attempt to commit the felony.
intended to commit, the following rules shall be observed:
Article 57. Penalty to be imposed upon accessories of an attempted crime. - The penalty lower by
1. If the penalty prescribed for the felony committed be higher than that corresponding two degrees than that prescribed by law for the attempted felony shall be imposed upon the
to the offense which the accused intended to commit, the penalty corresponding to the accessories to the attempt to commit a felony.
latter shall be imposed in its maximum period.
Article 58. Additional penalty to be imposed upon certain accessories. - Those accessories falling
2. If the penalty prescribed for the felony committed be lower than that corresponding to within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their
the one which the accused intended to commit, the penalty for the former shall be public functions, shall suffer the additional penalty of absolute perpetual disqualification if the
imposed in its maximum period. principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification
if he shall be guilty of a less grave felony.
3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another Article 59. Penalty to be imposed in case of failure to commit the crime because the means
crime, if the law prescribes a higher penalty for either of the latter offenses, in which employed or the aims sought are impossible. - When the person intending to commit an offense
case the penalty provided for the attempted or the frustrated crime shall be imposed in has already performed the acts for the execution of the same but nevertheless the crime was not
its maximum period. produced by reason of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are essentially inadequate to
Article 50. Penalty to be imposed upon principals of a frustrated crime. - The penalty next lower in produce the result desired by him, the court, having in mind the social danger and the degree of
degree than that prescribed by law for the consummated felony shall be imposed upon the criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine
principal in a frustrated felony. from 200 to 500 pesos.

Article 51. Penalty to be imposed upon principals of attempted crimes. - A penalty lower by two Article 60. Exception to the rules established in Articles 50 to 57. - The provisions contained in
degrees than that prescribed by law for the consummated felony shall be imposed upon the Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly
principals in an attempt to commit a felony. prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon
accomplices or accessories.
Article 52. Penalty to be imposed upon accomplices in consummated crime. - The penalty next
lower in degree than that prescribed by law for the consummated shall be imposed upon the Article 61. Rules for graduating penalties. - For the purpose of graduating the penalties which,
accomplices in the commission of a consummated felony. according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next
Perpetua to
lower in degrees shall be that immediately following that indivisible penalty in the Case Temporal Correccional Mayor
Death
respective graduated scale prescribed in Article 71 of this Code.
Arresto Mayor
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or Reclusion Prision Mayor Prision in it's Fine and
of one or more divisible penalties to be impose to their full extent, the penalty next lower Temporal in its maximum correccional in maximum Arresto
in degree shall be that immediately following the lesser of the penalties prescribed in the Third in its period to its maximum period to Mayor in its
respective graduated scale. Case maximum reclusion period to prision prision minimum and
period to temporal in its mayor in its correccional in medium
3. When the penalty prescribed for the crime is composed of one or two indivisible death medium period medium period its medium periods
penalties and the maximum period of another divisible penalty, the penalty next lower in period
degree shall be composed of the medium and minimum periods of the proper divisible
penalty and the maximum periods of the proper divisible penalty and the maximum Prision
Prision
period of that immediately following in said respective graduated scale. Mayor in its Arresto mayor in Fine and
correccional in
maximum its maximum Arresto Mayor
its maximum
Fourth period to period to prision in its
4. when the penalty prescribed for the crime is composed of several periods, period to Fine.
Case reclusion correccional in minimum and
corresponding to different divisible penalties, the penalty next lower in degree shall be prision mayor
temporal in its medium medium
composed of the period immediately following the minimum prescribed and of the two in its medium
its medium period. periods
next following, which shall be taken from the penalty prescribed, if possible; otherwise period.
period.
from the penalty immediately following in the above mentioned respective graduated
scale.
Section Two. - Rules for the application of penalties with regard to the mitigating and
5. When the law prescribes a penalty for a crime in some manner not especially provided aggravating circumstances, and habitual delinquency.
for in the four preceding rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of the frustrated felony, or of Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual
attempt to commit the same, and upon accomplices and accessories. delinquency. - Mitigating or aggravating circumstances and habitual delinquency shall be taken
into account for the purpose of diminishing or increasing the penalty in conformity with the
TABULATION OF THE PROVISIONS OF THE CHAPTER following rules:

1. Aggravating circumstances which in themselves constitute a crime specially

Penalty to be
punishable by law or which are included by the law in defining a crime and prescribing
Penalty to be imposed upon Penalty to be
the penalty therefor shall not be taken into account for the purpose of increasing the
imposed upon the principal in imposed upon Penalty to be
penalty.
Penalty the principal in an attempted the accessory imposed
Prescribe a frustrated crime, the in a frustrated upon the
for the crime, and accessory in the crime, and the accessory in 2. The same rule shall apply with respect to any aggravating circumstance inherent in
crime accomplice in a consummated accomplices in an attempted the crime to such a degree that it must of necessity accompany the commission thereof.
consummated crime and the an attempted crime
crime accomplices in a crime 3. Aggravating or mitigating circumstances which arise from the moral attributes of the
frustrated crime. offender, or from his private relations with the offended party, or from any other
personal cause, shall only serve to aggravate or mitigate the liability of the principals,
First Reclusion Reclusion Prision accomplices and accessories as to whom such circumstances are attendant.
Death Prision Mayor
Case Perpetua Temporal Correccional
4. The circumstances which consist in the material execution of the act, or in the means
Second Reclusion Reclusion Prision Mayor Prision Arresto
employed to accomplish it, shall serve to aggravate or mitigate the liability of those
 persons only who had knowledge of them at the time of the execution of the act or their 4. When both mitigating and aggravating circumstances attended the commission of the
cooperation therein. act, the court shall reasonably allow them to offset one another in consideration of their
number and importance, for the purpose of applying the penalty in accordance with the
5. Habitual delinquency shall have the following effects: preceding rules, according to the result of such compensation.

(a) Upon a third conviction the culprit shall be sentenced to the penalty Article 64. Rules for the application of penalties which contain three periods. - In cases in which
provided by law for the last crime of which he be found guilty and to the the penalties prescribed by law contain three periods, whether it be a single divisible penalty or
additional penalty of prision correccional in its medium and maximum periods; composed of three different penalties, each one of which forms a period in accordance with the
provisions of Articles 76 and 77, the court shall observe for the application of the penalty the
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty following rules, according to whether there are or are not mitigating or aggravating
provided for the last crime of which he be found guilty and to the additional circumstances:
penalty of prision mayor in its minimum and medium periods; and
1. When there are neither aggravating nor mitigating circumstances, they shall impose
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the the penalty prescribed by law in its medium period.
penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum period to reclusion 2. When only a mitigating circumstances is present in the commission of the act, they
temporal in its minimum period. shall impose the penalty in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon 3. When an aggravating circumstance is present in the commission of the act, they shall
the offender, in conformity herewith, shall in no case exceed 30 years. impose the penalty in its maximum period.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a 4. When both mitigating and aggravating circumstances are present, the court shall
period of ten years from the date of his release or last conviction of the crimes of serious or less reasonably offset those of one class against the other according to their relative weight.
serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said
crimes a third time or oftener. 5. When there are two or more mitigating circumstances and no aggravating
circumstances are present, the court shall impose the penalty next lower to that
Article 63. Rules for the application of indivisible penalties. - In all cases in which the law prescribed by law, in the period that it may deem applicable, according to the number
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any and nature of such circumstances.
mitigating or aggravating circumstances that may have attended the commission of the deed.
6. Whatever may be the number and nature of the aggravating circumstances, the courts
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the shall not impose a greater penalty than that prescribed by law, in its maximum period.
following rules shall be observed in the application thereof:
7. Within the limits of each period, the court shall determine the extent of the penalty
1. When in the commission of the deed there is present only one aggravating according to the number and nature of the aggravating and mitigating circumstances and
circumstance, the greater penalty shall be applied. the greater and lesser extent of the evil produced by the crime.

2. When there are neither mitigating nor aggravating circumstances and there is no Article 65. Rule in cases in which the penalty is not composed of three periods. - In cases in which
aggravating circumstance, the lesser penalty shall be applied. the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal portions of time included in the
3. When the commission of the act is attended by some mitigating circumstances and penalty prescribed, and forming one period of each of the three portions.
there is no aggravating circumstance, the lesser penalty shall be applied.
Article 66. Imposition of fines. - In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to the
mitigating and aggravating circumstances, but more particularly to the wealth or means of the 3. Reclusion temporal,
culprit.
4. Prision mayor,
Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present. - When all the conditions required in circumstances 5. Prision correccional,
Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision correccional in its minimum period shall be 6. Arresto mayor,
imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave felony.
7. Arresto menor,
Article 68. Penalty to be imposed upon a person under eighteen years of age. - When the offender
is a minor under eighteen years and his case is one coming under the provisions of the 8. Destierro,
paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:
9. Perpetual absolute disqualification,
1. Upon a person under fifteen but over nine years of age, who is not exempted from
liability by reason of the court having declared that he acted with discernment, a 10 Temporal absolute disqualification.
discretionary penalty shall be imposed, but always lower by two degrees at least than
that prescribed by law for the crime which he committed. 11. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and
2. Upon a person over fifteen and under eighteen years of age the penalty next lower
than that prescribed by law shall be imposed, but always in the proper period. 12. Public censure.

Article 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty Notwithstanding the provisions of the rule next preceding, the maximum duration of the
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not convict's sentence shall not be more than three-fold the length of time corresponding to the most
wholly excusable by reason of the lack of some of the conditions required to justify the same or to severe of the penalties imposed upon him. No other penalty to which he may be liable shall be
exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that inflicted after the sum total of those imposed equals the same maximum period.
the majority of such conditions be present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and nature of the conditions of exemption Such maximum period shall in no case exceed forty years.
present or lacking.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall
Article 70. Successive service of sentence. - When the culprit has to serve two or more penalties, be computed at thirty years. (As amended).
he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
following rules shall be observed: Article 71. Graduated scales. - In the case in which the law prescribed a penalty lower or higher
by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be
In the imposition of the penalties, the order of their respective severity shall be followed so that observed in graduating such penalty.
they may be executed successively or as nearly as may be possible, should a pardon have been
granted as to the penalty or penalties first imposed, or should they have been served out. The lower or higher penalty shall be taken from the graduated scale in which is comprised the
given penalty.
For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale: The courts, in applying such lower or higher penalty, shall observe the following graduated
scales:
1. Death,
SCALE NO. 1
2. Reclusion perpetua,
 1. Death, provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory
penalties are also imposed upon the convict.
2. Reclusion perpetua,
Article 74. Penalty higher than reclusion perpetua in certain cases. - In cases in which the law
3. Reclusion temporal, prescribes a penalty higher than another given penalty, without specially designating the name of
the former, if such higher penalty should be that of death, the same penalty and the accessory
4. Prision mayor, penalties of Article 40, shall be considered as the next higher penalty.

5. Prision correccional, Article 75. Increasing or reducing the penalty of fine by one or more degrees. - Whenever it may be
necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased
or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by
6. Arresto mayor, law, without however, changing the minimum.

7. Destierro, The same rules shall be observed with regard of fines that do not consist of a fixed amount, but
are made proportional.
8. Arresto menor,
Article 76. Legal period of duration of divisible penalties. - The legal period of duration of divisible
9. Public censure, penalties shall be considered as divided into three parts, forming three periods, the minimum,
the medium, and the maximum in the manner shown in the following table:
10. Fine.
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN
SCALE NO. 2 EACH OF THEIR PERIODS

1. Perpetual absolute disqualification,

Penalties Time Time Time Time
2. Temporal absolute disqualification included in the
included in its included in its included in its
penalty in its
minimum period medium period maximum
3. Suspension from public office, the right to vote and be voted for, the right to entirety
follow a profession or calling,
From 12 years From 14 years, 8
From 12 years From 17 years, 4
Reclusion and 1 day to 14 months and 1 day
4. Public censure, and 1 day to 20 months and 1 day
temporal years and 8 to 17 years and 4
years. to 20 years.
months. months.
5. Fine.
Prision mayor,
Article 72 Preference in the payment of the civil liabilities. - The civil liabilities of a person found absolute
From 10 years
guilty of two or more offenses shall be satisfied by following the chronological order of the dates disqualification From 6 years and From 6 years and From 8 years and
and 1 day to 12
of the judgments rendered against him, beginning with the first in order of time. and special 1 day to 12 years. 1 day to 8 years. 1 day to 10 years.
years.
temporary
Section Three. - Provisions common in the last two preceding sections disqualification

Prision From 6 months From 6 months From 2 years, 4 From 4 years, 2

Article 73. Presumption in regard to the imposition of accessory penalties. - Whenever the courts correccional, and 1 day to 6 and 1 day to 2 months and 1 day months and 1 day
shall impose a penalty which, by provision of law, carries with it other penalties, according to the suspension and years. years and 4 to 4 years and 2 to 6 years.
 If at any time the convict shall recover his reason, his sentence shall be executed, unless the
destierro months. months.
penalty shall have prescribed in accordance with the provisions of this Code.
From 1 month From 2 months From 4 months
From 1 to 2 The respective provisions of this section shall also be observed if the insanity or imbecility occurs
Arresto mayor and 1 day to and 1 day to 4 and 1 day to 6
months. while the convict is serving his sentence.
months. months. months.

From 11 to 20 From 21 to 30 Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under
Arresto menor From 1 to 30 days. From 1 to 10 days.
days. days. sixteen years of age at the date of the commission of a grave or less grave felony, is accused
thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing
Article 77. When the penalty is a complex one composed of three distinct penalties. - In cases in judgment of conviction, shall suspend all further proceedings and shall commit such minor to the
which the law prescribes a penalty composed of three distinct penalties, each one shall form a custody or care of a public or private, benevolent or charitable institution, established under the
period; the lightest of them shall be the minimum the next the medium, and the most severe the law of the care, correction or education of orphaned, homeless, defective, and delinquent
maximum period. children, or to the custody or care of any other responsible person in any other place subject to
visitation and supervision by the Director of Public Welfare or any of his agents or
representatives, if there be any, or otherwise by the superintendent of public schools or his
Whenever the penalty prescribed does not have one of the forms specially provided for in this
representatives, subject to such conditions as are prescribed hereinbelow until such minor shall
Code, the periods shall be distributed, applying by analogy the prescribed rules.
have reached his majority age or for such less period as the court may deem proper. The court, in
committing said minor as provided above, shall take into consideration the religion of such
Chapter Five minor, his parents or next of kin, in order to avoid his commitment to any private institution not
EXECUTION AND SERVICE OF PENALTIES under the control and supervision of the religious sect or denomination to which they belong.

Section One. - General Provisions The Director of Public Welfare or his duly authorized representatives or agents, the
superintendent of public schools or his representatives, or the person to whose custody or care
Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by the minor has been committed, shall submit to the court every four months and as often as
virtue of a final judgment. required in special cases, a written report on the good or bad conduct of said minor and the
moral and intellectual progress made by him.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby. The suspension of the proceedings against a minor may be extended or shortened by the court on
the recommendation of the Director of Public Welfare or his authorized representative or agents,
In addition to the provisions of the law, the special regulations prescribed for the government of or the superintendent of public schools or his representatives, according as to whether the
the institutions in which the penalties are to be suffered shall be observed with regard to the conduct of such minor has been good or not and whether he has complied with the conditions
character of the work to be performed, the time of its performance, and other incidents imposed upon him, or not. The provisions of the first paragraph of this article shall not, however,
connected therewith, the relations of the convicts among themselves and other persons, the relief be affected by those contained herein.
which they may receive, and their diet.
If the minor has been committed to the custody or care of any of the institutions mentioned in the
The regulations shall make provision for the separation of the sexes in different institutions, or at first paragraph of this article, with the approval of the Director of Public Welfare and subject to
least into different departments and also for the correction and reform of the convicts. such conditions as this official in accordance with law may deem proper to impose, such minor
may be allowed to stay elsewhere under the care of a responsible person.
Article 79. Suspension of the execution and service of the penalties in case of insanity. - When a
convict shall become insane or an imbecile after final sentence has been pronounced, the If the minor has behaved properly and has complied with the conditions imposed upon him
execution of said sentence shall be suspended only with regard to the personal penalty, the during his confinement, in accordance with the provisions of this article, he shall be returned to
provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the the court in order that the same may order his final release.
corresponding cases.
In case the minor fails to behave properly or to comply with the regulations of the institution to Article 83. Suspension of the execution of the death sentence. - The death sentence shall not be
which he has been committed or with the conditions imposed upon him when he was committed inflicted upon a woman within the three years next following the date of the sentence or while
to the care of a responsible person, or in case he should be found incorrigible or his continued she is pregnant, nor upon any person over seventy years of age. In this last case, the death
stay in such institution should be inadvisable, he shall be returned to the court in order that the sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties
same may render the judgment corresponding to the crime committed by him. provided in Article 40.

The expenses for the maintenance of a minor delinquent confined in the institution to which he Article 84. Place of execution and persons who may witness the same. - The execution shall take
has been committed, shall be borne totally or partially by his parents or relatives or those place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed
persons liable to support him, if they are able to do so, in the discretion of the court; Provided, only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding
That in case his parents or relatives or those persons liable to support him have not been ordered six, if he so request, by the physician and the necessary personnel of the penal establishment, and
to pay said expenses or are found indigent and cannot pay said expenses, the municipality in by such persons as the Director of Prisons may authorize.
which the offense was committed shall pay one-third of said expenses; the province to which the
municipality belongs shall pay one-third; and the remaining one-third shall be borne by the Article 85. Provisions relative to the corpse of the person executed and its burial. - Unless claimed
National Government: Provided, however, That whenever the Secretary of Finance certifies that a by his family, the corpse of the culprit shall, upon the completion of the legal proceedings
municipality is not able to pay its share in the expenses above mentioned, such share which is not subsequent to the execution, be turned over to the institute of learning or scientific research first
paid by said municipality shall be borne by the National Government. Chartered cities shall pay applying for it, for the purpose of study and investigation, provided that such institute shall take
two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the
revenue allotments which may be due to said city shall be withheld and applied in settlement of burial of the body of the culprit at government expense, granting permission to be present
said indebtedness in accordance with section five hundred and eighty-eight of the Administrative thereat to the members of the family of the culprit and the friends of the latter. In no case shall
Code. the burial of the body of a person sentenced to death be held with pomp.

Section Two. - Execution of principal penalties. Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto
mayor. - The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision
Article 81. When and how the death penalty is to be executed. - The death sentence shall be correccional and arresto mayor, shall be executed and served in the places and penal
executed with reference to any other and shall consist in putting the person under sentence to establishments provided by the Administrative Code in force or which may be provided by law in
death by electrocution. The death sentence shall be executed under the authority of the Director the future.
of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings prior to the execution. Article 87. Destierro. - Any person sentenced to destierro shall not be permitted to enter the
place or places designated in the sentence, nor within the radius therein specified, which shall be
If the person under sentence so desires, he shall be anaesthetized at the moment of the not more than 250 and not less than 25 kilometers from the place designated.
electrocution.
Article 88. Arresto menor. - The penalty of arresto menor shall be served in the municipal jail, or
Article 82. Notification and execution of the sentence and assistance to the culprit. - The court in the house of the defendant himself under the surveillance of an officer of the law, when the
shall designate a working day for the execution but not the hour thereof; and such designation court so provides in its decision, taking into consideration the health of the offender and other
shall not be communicated to the offender before sunrise of said day, and the execution shall not reasons which may seem satisfactory to it.
take place until after the expiration of at least eight hours following the notification, but before
sunset. During the interval between the notification and the execution, the culprit shall, in so far Title Four
as possible, be furnished such assistance as he may request in order to be attended in his last
moments by priests or ministers of the religion he professes and to consult lawyers, as well as in EXTINCTION OF CRIMINAL LIABILITY
order to make a will and confer with members of his family or persons in charge of the
management of his business, of the administration of his property, or of the care of his
descendants. Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Article 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:
 1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, Article 92. When and how penalties prescribe. - The penalties imposed by final sentence
liability therefor is extinguished only when the death of the offender occurs before final prescribe as follows:
judgment.
1. Death and reclusion perpetua, in twenty years;
2. By service of the sentence;
2. Other afflictive penalties, in fifteen years;
3. By amnesty, which completely extinguishes the penalty and all its effects;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor,
4. By absolute pardon; which prescribes in five years;

5. By prescription of the crime; 4. Light penalties, in one year.

6. By prescription of the penalty; Article 93. Computation of the prescription of penalties. - The period of prescription of penalties
shall commence to run from the date when the culprit should evade the service of his sentence,
7. By the marriage of the offended woman, as provided in Article 344 of this Code. and it shall be interrupted if the defendant should give himself up, be captured, should go to
some foreign country with which this Government has no extradition treaty, or should commit
Article 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion another crime before the expiration of the period of prescription.
temporal shall prescribe in twenty years.
Chapter Two
Crimes punishable by other afflictive penalties shall prescribe in fifteen years. PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of Article 94. Partial Extinction of criminal liability. - Criminal liability is extinguished partially:
those punishable by arresto mayor, which shall prescribe in five years.
1. By conditional pardon;
The crime of libel or other similar offenses shall prescribe in one year.
2. By commutation of the sentence; and
The crime of oral defamation and slander by deed shall prescribe in six months.
3. For good conduct allowances which the culprit may earn while he is serving his
Light offenses prescribe in two months. sentence.

When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of Article 95. Obligation incurred by person granted conditional pardon. - Any person who has been
the application of the rules contained in the first, second and third paragraphs of this article. (As granted conditional pardon shall incur the obligation of complying strictly with the conditions
amended by RA 4661, approved June 19, 1966). imposed therein otherwise, his non-compliance with any of the conditions specified shall result
in the revocation of the pardon and the provisions of Article 159 shall be applied to him.
Article 91. Computation of prescription of offenses. - The period of prescription shall commence
to run from the day on which the crime is discovered by the offended party, the authorities, or Article 96. Effect of commutation of sentence. - The commutation of the original sentence for
their agents, and shall be interrupted by the filing of the complaint or information, and shall another of a different length and nature shall have the legal effect of substituting the latter in the
commence to run again when such proceedings terminate without the accused being convicted place of the former.
or acquitted, or are unjustifiably stopped for any reason not imputable to him.
Article 97. Allowance for good conduct. - The good conduct of any prisoner in any penal
The term of prescription shall not run when the offender is absent from the Philippine institution shall entitle him to the following deductions from the period of his sentence:
Archipelago.
 1. During the first two years of his imprisonment, he shall be allowed a deduction of five Should there be no person having such insane, imbecile or minor under his authority, legal
days for each month of good behavior; guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting property exempt from execution, in accordance with
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a the civil law.
deduction of eight days for each month of good behavior;
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall has been prevented shall be civilly liable in proportion to the benefit which they may have
be allowed a deduction of ten days for each month of good behavior; and received.

4. During the eleventh and successive years of his imprisonment, he shall be allowed a The courts shall determine, in sound discretion, the proportionate amount for which each one
deduction of fifteen days for each month of good behaviour. shall be liable.

Article 98. Special time allowance for loyalty. - A deduction of one-fifth of the period of his When the respective shares cannot be equitably determined, even approximately, or when the
sentence shall be granted to any prisoner who, having evaded the service of his sentence under liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in
the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within all events, whenever the damages have been caused with the consent of the authorities or their
48 hours following the issuance of a proclamation announcing the passing away of the calamity agents, indemnification shall be made in the manner prescribed by special laws or regulations.
or catastrophe to in said article.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or
Article 99. Who grants time allowances. - Whenever lawfully justified, the Director of Prisons causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those
shall grant allowances for good conduct. Such allowances once granted shall not be revoked. doing the act shall be liable, saving always to the latter that part of their property exempt from
execution.
Title Five
Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of
CIVIL LIABILITY establishments. - In default of the persons criminally liable, innkeepers, tavernkeepers, and any
other persons or corporations shall be civilly liable for crimes committed in their establishments,
in all cases where a violation of municipal ordinances or some general or special police
Chapter One regulation shall have been committed by them or their employees.
PERSON CIVILLY LIABLE FOR FELONIES
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft
Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony within their houses from guests lodging therein, or for the payment of the value thereof, provided
is also civilly liable. that such guests shall have notified in advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall furthermore have followed the
Article 101. Rules regarding civil liability in certain cases. - The exemption from criminal liability directions which such innkeeper or his representative may have given them with respect to the
established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this care and vigilance over such goods. No liability shall attach in case of robbery with violence
Code does not include exemption from civil liability, which shall be enforced subject to the against or intimidation of persons unless committed by the innkeeper's employees.
following rules:
Article 103. Subsidiary civil liability of other persons. - The subsidiary liability established in the
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an next preceding article shall also apply to employers, teachers, persons, and corporations engaged
imbecile or insane person, and by a person under nine years of age, or by one over nine but in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or
under fifteen years of age, who has acted without discernment, shall devolve upon those having employees in the discharge of their duties.
such person under their legal authority or control, unless it appears that there was no fault or
negligence on their part. Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Article 104. What is included in civil liability. - The civil liability established in Articles 100, 101, The subsidiary liability shall be enforced, first against the property of the principals; next, against
102, and 103 of this Code includes: that of the accomplices, and, lastly, against that of the accessories.

1. Restitution; Whenever the liability in solidum or the subsidiary liability has been enforced, the person by
whom payment has been made shall have a right of action against the others for the amount of
2. Reparation of the damage caused; their respective shares.

3. Indemnification for consequential damages. Article 111. Obligation to make restitution in certain cases. - Any person who has participated
gratuitously in the proceeds of a felony shall be bound to make restitution in an amount
Article 105. Restitution; How made. - The restitution of the thing itself must be made whenever equivalent to the extent of such participation.
possible, with allowance for any deterioration, or diminution of value as determined by the court.
Chapter Three
The thing itself shall be restored, even though it be found in the possession of a third person who EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
has acquired it by lawful means, saving to the latter his action against the proper person, who
may be liable to him. Article 112. Extinction of civil liability. - Civil liability established in Articles 100, 101, 102, and
103 of this Code shall be extinguished in the same manner as obligations, in accordance with the
This provision is not applicable in cases in which the thing has been acquired by the third person provisions of the Civil Law.
in the manner and under the requirements which, by law, bar an action for its recovery.
Article 113. Obligation to satisfy civil liability. - Except in case of extinction of his civil liability as
Article 106. Reparation; How made. - The court shall determine the amount of damage, taking provided in the next preceding article the offender shall continue to be obliged to satisfy the civil
into consideration the price of the thing, whenever possible, and its special sentimental value to liability resulting from the crime committed by him, notwithstanding the fact that he has served
the injured party, and reparation shall be made accordingly. his sentence consisting of deprivation of liberty or other rights, or has not been required to serve
the same by reason of amnesty, pardon, commutation of sentence or any other reason.
Article 107. Indemnification; What is included. - Indemnification for consequential damages shall
include not only those caused the injured party, but also those suffered by his family or by a third
person by reason of the crime.

Article 108. Obligation to make restoration, reparation for damages, or indemnification for
consequential damages and actions to demand the same; Upon whom it devolves. - The obligation
to make restoration or reparation for damages and indemnification for consequential damages
devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemnification likewise descends to the heirs
of the person injured.

Article 109. Share of each person civilly liable. - If there are two or more persons civilly liable for
a felony, the courts shall determine the amount for which each must respond.

Article 110. Several and subsidiary liability of principals, accomplices and accessories of a felony;
Preference in payment. - Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their respective class, shall be liable BOOK TWO
severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other CRIMES AND PENALTIES
persons liable.
Title One The penalty next higher in degree shall be imposed if the offender be a public officer or
employee.
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Section Two. - Provoking war and disloyalty in case of war
Chapter One
CRIMES AGAINST NATIONAL SECURITY Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion temporal
shall be imposed upon any public officer or employee, and that of prision mayor upon any private
Section One. - Treason and espionage individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving
or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons
Article 114. Treason. - Any person who, owing allegiance to (the United States or) the or property.
Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to
their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be Article 119. Violation of neutrality. - The penalty of prision correccional shall be inflicted upon
punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos. anyone who, on the occasion of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of enforcing neutrality.
No person shall be convicted of treason unless on the testimony of two witnesses at least to the
same overt act or on confession of the accused in open court. Article 120. Correspondence with hostile country. - Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be punished:
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in
paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to 1. By prision correccional, if the correspondence has been prohibited by the
exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945). Government;

Article 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or proposal to 2. By prision mayor, if such correspondence be carried on in ciphers or conventional
commit the crime of treason shall be punished respectively, by prision mayor and a fine not signs; and
exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.
3. By reclusion temporal, if notice or information be given thereby which might be useful
Article 116. Misprision of treason. - Every person owing allegiance to (the United States) the to the enemy. If the offender intended to aid the enemy by giving such notice or
Government of the Philippine Islands, without being a foreigner, and having knowledge of any information, he shall suffer the penalty of reclusion temporal to death.
conspiracy against them, conceals or does not disclose and make known the same, as soon as
possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he Article 121. Flight to enemy country. - The penalty of arresto mayor shall be inflicted upon any
resides, as the case may be, shall be punished as an accessory to the crime of treason. person who, owing allegiance to the Government, attempts to flee or go to an enemy country
when prohibited by competent authority.
Article 117. Espionage. - The penalty of prision correccional shall be inflicted upon any person
who: Section Three. - Piracy and mutiny on the high seas or in Philippine waters

1. Without authority therefor, enters a warship, fort, or naval or military establishment Article 122. Piracy in general and mutiny on the high seas. - The penalty of reclusion temporal
or reservation to obtain any information, plans, photographs, or other data of a shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not
confidential nature relative to the defense of the Philippine Archipelago; or being a member of its complement nor a passenger, shall seize the whole or part of the cargo of
said vessel, its equipment, or personal belongings of its complement or passengers.
2. Being in possession, by reason of the public office he holds, of the articles, data, or
information referred to in the preceding paragraph, discloses their contents to a The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.
representative of a foreign nation.
Article 123. Qualified piracy. - The penalty of reclusion temporal to death shall be imposed upon employee who shall detain any person for some legal ground and shall fail to deliver such person
those who commit any of the crimes referred to in the preceding article, under any of the to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses
following circumstances: punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or
1. Whenever they have seized a vessel by boarding or firing upon the same; offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person
detained shall be informed of the cause of his detention and shall be allowed upon his request, to
2. Whenever the pirates have abandoned their victims without means of saving communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59
themselves; or and 272, Nov. 7, 1986 and July 25, 1987, respectively).

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. Article 126. Delaying release. - The penalties provided for in Article 124 shall be imposed upon
any public officer or employee who delays for the period of time specified therein the
performance of any judicial or executive order for the release of a prisoner or detention prisoner,
Title Two or unduly delays the service of the notice of such order to said prisoner or the proceedings upon
any petition for the liberation of such person.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Article 127. Expulsion. - The penalty of prision correccional shall be imposed upon any public
Chapter One officer or employee who, not being thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his residence.
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST Section Two. - Violation of domicile
RELIGIOUS WORSHIP
Article 128. Violation of domicile. - The penalty of prision correccional in its minimum period
Section One. - Arbitrary detention and expulsion shall be imposed upon any public officer or employee who, not being authorized by judicial order,
shall enter any dwelling against the will of the owner thereof, search papers or other effects
Article 124. Arbitrary detention. - Any public officer or employee who, without legal grounds, found therein without the previous consent of such owner, or having surreptitiously entered said
detains a person, shall suffer; dwelling, and being required to leave the premises, shall refuse to do so.

1. The penalty of arresto mayor in its maximum period to prision correccional in its If the offense be committed in the night-time, or if any papers or effects not constituting evidence
minimum period, if the detention has not exceeded three days; of a crime be not returned immediately after the search made by the offender, the penalty shall
be prision correccional in its medium and maximum periods.
2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days; Article 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained. - In addition to the liability attaching to the offender for the commission of any other
3. The penalty of prision mayor, if the detention has continued for more than fifteen days offense, the penalty of arresto mayor in its maximum period to prision correccional in its
but not more than six months; and minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer
or employee who shall procure a search warrant without just cause, or, having legally procured
4. That of reclusion temporal, if the detention shall have exceeded six months. the same, shall exceed his authority or use unnecessary severity in executing the same.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in its medium
confinement of the patient in a hospital, shall be considered legal grounds for the detention of and maximum periods shall be imposed upon a public officer or employee who, in cases where a
any person. search is proper, shall search the domicile, papers or other belongings of any person, in the
absence of the latter, any member of his family, or in their default, without the presence of two
witnesses residing in the same locality.
Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The
penalties provided in the next preceding article shall be imposed upon the public officer or
Section Three. - Prohibition, interruption and dissolution of peaceful meetings Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift attack
accompanied by violence, intimidation, threat, strategy or stealth, directed against duly
Article 131. Prohibition, interruption and dissolution of peaceful meetings. - The penalty of constituted authorities of the Republic of the Philippines, or any military camp or installation,
prision correccional in its minimum period shall be imposed upon any public officer or employee communications network, public utilities or other facilities needed for the exercise and continued
who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall possession of power, singly or simultaneously carried out anywhere in the Philippines by any
dissolve the same. person or persons, belonging to the military or police or holding any public office of employment
with or without civilian support or participation for the purpose of seizing or diminishing state
The same penalty shall be imposed upon a public officer or employee who shall hinder any power. (As amended by R.A. 6968).
person from joining any lawful association or from attending any of its meetings.
Article 135. Penalty for rebellion, insurrection or coup d'etat. - Any person who promotes,
The same penalty shall be imposed upon any public officer or employee who shall prohibit or maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.
hinder any person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances. Any person merely participating or executing the commands of others in a rebellion shall suffer
the penalty of reclusion temporal.
Section Four. - Crimes against religious worship
Any person who leads or in any manner directs or commands others to undertake a coup d'etat
Article 132. Interruption of religious worship. - The penalty of prision correccional in its shall suffer the penalty of reclusion perpetua.
minimum period shall be imposed upon any public officer or employee who shall prevent or
disturb the ceremonies or manifestations of any religion. Any person in the government service who participates, or executes directions or commands of
others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum
If the crime shall have been committed with violence or threats, the penalty shall be prision period.
correccional in its medium and maximum periods.
Any person not in the government service who participates, or in any manner supports, finances,
Article 133. Offending the religious feelings. - The penalty of arresto mayor in its maximum abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its
period to prision correccional in its minimum period shall be imposed upon anyone who, in a maximum period.
place devoted to religious worship or during the celebration of any religious ceremony shall
perform acts notoriously offensive to the feelings of the faithful. When the rebellion, insurrection, or coup d'etat shall be under the command of unknown
leaders, any person who in fact directed the others, spoke for them, signed receipts and other
Title Three documents issued in their name, as performed similar acts, on behalf or the rebels shall be
deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968,
approved on October 24, 1990).
CRIMES AGAINST PUBLIC ORDER
Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. - The
Chapter One conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum
REBELLION, SEDITION AND DISLOYALTY period and a fine which shall not exceed eight thousand pesos (P8,000.00).

Article 134. Rebellion or insurrection; How committed. - The crime of rebellion or insurrection is The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively,
committed by rising publicly and taking arms against the Government for the purpose of by prision correccional in its maximum period and a fine which shall not exceed five thousand
removing from the allegiance to said Government or its laws, the territory of the Philippine pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two
Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).
Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).
Article 137. Disloyalty of public officers or employees. - The penalty of prision correccional in its
minimum period shall be imposed upon public officers or employees who have failed to resist a
rebellion by all the means in their power, or shall continue to discharge the duties of their offices
under the control of the rebels or shall accept appointment to office under them. (Reinstated by which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons,
E.O. No. 187). banners, or other representations tending to the same end, or upon any person or persons who
shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the
Article 138. Inciting a rebellion or insurrection. - The penalty of prision mayor in its minimum (Government of the United States or the Government of the Commonwealth of the Philippines) or
period shall be imposed upon any person who, without taking arms or being in open hostility any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful
against the Government, shall incite others to the execution of any of the acts specified in article officer in executing the functions of his office, or which tend to instigate others to cabal and meet
134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or
representations tending to the same end. (Reinstated by E.O. No. 187). which lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government, or who shall knowingly conceal such evil
Article 139. Sedition; How committed. - The crime of sedition is committed by persons who rise practices. (Reinstated by E.O. No. 187).
publicly and tumultuously in order to attain by force, intimidation, or by other means outside of
legal methods, any of the following objects: Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
1. To prevent the promulgation or execution of any law or the holding of any popular
election; Section One. - Crimes against legislative bodies and similar bodies

2. To prevent the National Government, or any provincial or municipal government or Article 143. Act tending to prevent the meeting of the Assembly and similar bodies. - The penalty
any public officer thereof from freely exercising its or his functions, or prevent the of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon
execution of any administrative order; any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of
the Philippines) or of any of its committees or subcommittees, constitutional commissions or
3. To inflict any act of hate or revenge upon the person or property of any public officer committees or divisions thereof, or of any provincial board or city or municipal council or board.
or employee; (Reinstated by E.O. No. 187).

4. To commit, for any political or social end, any act of hate or revenge against private Article 144. Disturbance of proceedings. - The penalty of arresto mayor or a fine from 200 to
persons or any social class; and 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National
Assembly (Congress of the Philippines) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any provincial board or city
5. To despoil, for any political or social end, any person, municipality or province, or the or municipal council or board, or in the presence of any such bodies should behave in such
National Government (or the Government of the United States), of all its property or any manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No.
part thereof. 187).

Article 140. Penalty for sedition. - The leader of a sedition shall suffer the penalty of prision Section Two. - Violation of parliamentary immunity
mayor in its minimum period and a fine not exceeding 10,000 pesos.
Article 145. Violation of parliamentary immunity. - The penalty of prision mayor shall be
Other persons participating therein shall suffer the penalty of prision correccional in its imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any
maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187). member of the National Assembly (Congress of the Philippines) from attending the meetings of
the Assembly (Congress) or of any of its committees or subcommittees, constitutional
Article 141. Conspiracy to commit sedition. - Persons conspiring to commit the crime of sedition commissions or committees or divisions thereof, from expressing his opinions or casting his vote;
shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 and the penalty of prision correccional shall be imposed upon any public officer or employee who
pesos. (Reinstated by E.O. No. 187). shall, while the Assembly (Congress) is in regular or special session, arrest or search any member
thereof, except in case such member has committed a crime punishable under this Code by a
Article 142. Inciting to sedition. - The penalty of prision correccional in its maximum period and penalty higher than prision mayor.
a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any
direct part in the crime of sedition, should incite others to the accomplishment of any of the acts
Chapter Three Article 150. Disobedience to summons issued by the National Assembly, its committees or
ILLEGAL ASSEMBLIES AND ASSOCIATIONS subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. -
The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both
Article 146. Illegal assemblies. - The penalty of prision correccional in its maximum period to such fine and imprisonment shall be imposed upon any person who, having been duly
prision mayor in its medium period shall be imposed upon the organizers or leaders of any summoned to attend as a witness before the National Assembly, (Congress), its special or
meeting attended by armed persons for the purpose of committing any of the crimes punishable standing committees and subcommittees, the Constitutional Commissions and its committees,
under this Code, or of any meeting in which the audience is incited to the commission of the subcommittees, or divisions, or before any commission or committee chairman or member
crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being
agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless present before any such legislative or constitutional body or official, refuses to be sworn or
they are armed, in which case the penalty shall be prision correccional. placed under affirmation or to answer any legal inquiry or to produce any books, papers,
documents, or records in his possession, when required by them to do so in the exercise of their
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the functions. The same penalty shall be imposed upon any person who shall restrain another from
purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by
and he shall be considered a leader or organizer of the meeting within the purview of the any such body or official.
preceding paragraph.
Article 151. Resistance and disobedience to a person in authority or the agents of such person. -
As used in this article, the word "meeting" shall be understood to include a gathering or group, The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any
whether in a fixed place or moving. (Reinstated by E.O. No. 187). person who not being included in the provisions of the preceding articles shall resist or seriously
disobey any person in authority, or the agents of such person, while engaged in the performance
of official duties.
Article 147. Illegal associations. - The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders,
directors, and presidents of associations totally or partially organized for the purpose of When the disobedience to an agent of a person in authority is not of a serious nature, the penalty
committing any of the crimes punishable under this Code or for some purpose contrary to public of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.
morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated
by E.O. No. 187). Article 152. Persons in authority and agents of persons in authority; Who shall be deemed as
such. - In applying the provisions of the preceding and other articles of this Code, any person
Chapter Four directly vested with jurisdiction, whether as an individual or as a member of some court or
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND governmental corporation, board, or commission, shall be deemed a person in authority. A barrio
THEIR AGENTS captain and a barangay chairman shall also be deemed a person in authority.

Article 148. Direct assaults. - Any person or persons who, without a public uprising, shall employ A person who, by direct provision of law or by election or by appointment by competent
force or intimidation for the attainment of any of the purpose enumerated in defining the crimes authority, is charged with the maintenance of public order and the protection and security of life
of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any and property, such as a barrio councilman, barrio policeman and barangay leader and any person
person in authority or any of his agents, while engaged in the performance of official duties, or on who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.
occasion of such performance, shall suffer the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons
weapon or when the offender is a public officer or employee, or when the offender lays hands charged with the supervision of public or duly recognized private schools, colleges and
upon a person in authority. If none of these circumstances be present, the penalty of prision universities, and lawyers in the actual performance of their professional duties or on the
correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed. occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299,
Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).
Article 149. Indirect assaults. - The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make Chapter Five
use of force or intimidation upon any person coming to the aid of the authorities or their agents PUBLIC DISORDERS
on occasion of the commission of any of the crimes defined in the next preceding article.
Article 153. Tumults and other disturbance of public orders; Tumultuous disturbance or 1. Any person who within any town or public place, shall discharge any firearm, rocket,
interruption liable to cause disturbance. - The penalty of arresto mayor in its medium period to firecracker, or other explosives calculated to cause alarm or danger;
prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be
imposed upon any person who shall cause any serious disturbance in a public place, office, or 2. Any person who shall instigate or take an active part in any charivari or other
establishment, or shall interrupt or disturb public performances, functions or gatherings, or disorderly meeting offensive to another or prejudicial to public tranquility;
peaceful meetings, if the act is not included in the provisions of Articles 131 and 132.
3. Any person who, while wandering about at night or while engaged in any other
The penalty next higher in degree shall be imposed upon persons causing any disturbance or nocturnal amusements, shall disturb the public peace; or
interruption of a tumultuous character.
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or
The disturbance or interruption shall be deemed to be tumultuous if caused by more than three scandal in public places, provided that the circumstances of the case shall not make the
persons who are armed or provided with means of violence. provisions of Article 153 applicable.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, Article 156. Delivery of prisoners from jails. - The penalty of arresto mayor in its maximum period
or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall of prision correccional in its minimum period shall be imposed upon any person who shall
display placards or emblems which provoke a disturbance of the public order. remove from any jail or penal establishment any person confined therein or shall help the escape
of such person, by means of violence, intimidation, or bribery. If other means are used, the
The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these penalty of arresto mayor shall be imposed.
persons who in violation of the provisions contained in the last clause of Article 85, shall bury
with pomp the body of a person who has been legally executed. If the escape of the prisoner shall take place outside of said establishments by taking the guards
by surprise, the same penalties shall be imposed in their minimum period.
Article 154. Unlawful use of means of publication and unlawful utterances. - The penalty
of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon: Chapter Six
EVASION OF SERVICE OF SENTENCE
1. Any person who by means of printing, lithography, or any other means of publication
shall publish or cause to be published as news any false news which may endanger the Article 157. Evasion of service of sentence. - The penalty of prision correccional in its medium
public order, or cause damage to the interest or credit of the State; and maximum periods shall be imposed upon any convict who shall evade service of his sentence
by escaping during the term of his imprisonment by reason of final judgment.
2. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise, justify, or However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking
extol any act punished by law; doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or
intimidation, or through connivance with other convicts or employees of the penal institution,
3. Any person who shall maliciously publish or cause to be published any official the penalty shall be prision correccional in its maximum period.
resolution or document without proper authority, or before they have been published
officially; or Article 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes,
or other calamities. - A convict who shall evade the service of his sentence, by leaving the penal
4. Any person who shall print, publish, or distribute or cause to be printed, published, or institution where he shall have been confined, on the occasion of disorder resulting from a
distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has
name, or which are classified as anonymous. not participated, shall suffer an increase of one-fifth of the time still remaining to be served
under the original sentence, which in no case shall exceed six months, if he shall fail to give
Article 155. Alarms and scandals. - The penalty of arresto menor or a fine not exceeding P200 himself up to the authorities within forty-eight hours following the issuance of a proclamation by
pesos shall be imposed upon: the Chief Executive announcing the passing away of such calamity.
Convicts who, under the circumstances mentioned in the preceding paragraph, shall give Section Two. - Counterfeiting Coins
themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled
to the deduction provided in Article 98. Article 163. Making and importing and uttering false coins. - Any person who makes, imports, or
utters, false coins, in connivance with counterfeiters, or importers, shall suffer:
Article 159. Other cases of evasion of service of sentence. - The penalty of prision correccional in
its minimum period shall be imposed upon the convict who, having been granted conditional 1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000
pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central
penalty remitted by the granting of such pardon be higher than six years, the convict shall then Bank of the Philippines of ten centavo denomination or above.
suffer the unexpired portion of his original sentence.
2. Prision correccional in its minimum and medium periods and a fine of not to
Chapter Seven exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER Philippines or of the Central Bank of the Philippines below ten-centavo denomination.
PREVIOUS OFFENSE
3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if
Article 160. Commission of another crime during service of penalty imposed for another offense; the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202,
Penalty. - Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony approved June 19, 1965).
after having been convicted by final judgment, before beginning to serve such sentence, or while
serving the same, shall be punished by the maximum period of the penalty prescribed by law for Article 164. Mutilation of coins; Importation and utterance of mutilated coins. - The penalty of
the new felony. prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be
imposed upon any person who shall mutilate coins of the legal currency of the United States or of
Any convict of the class referred to in this article, who is not a habitual criminal, shall be the Philippine Islands or import or utter mutilated current coins, or in connivance with
pardoned at the age of seventy years if he shall have already served out his original sentence, or mutilators or importers.
when he shall complete it after reaching the said age, unless by reason of his conduct or other
circumstances he shall not be worthy of such clemency. Article 165. Selling of false or mutilated coin, without connivance. - The person who knowingly,
although without the connivance mentioned in the preceding articles, shall possess false or
Title Four mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a
penalty lower by one degree than that prescribed in said articles.
CRIMES AGAINST PUBLIC INTEREST
Section Three. - Forging treasury or bank notes, obligations and securities; importing and
Chapter One uttering false or forged notes, obligations and securities.
FORGERIES
Article 166. Forging treasury or bank notes on other documents payable to bearer; importing, and
Section One. - Forging the seal of the Government of the Philippine Islands, the signature or stamp uttering such false or forged notes and documents. - The forging or falsification of treasury or bank
of the Chief Executive. notes or certificates or other obligations and securities payable to bearer and the importation
and uttering in connivance with forgers or importers of such false or forged obligations or notes,
Article 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the shall be punished as follows:
signature or stamp of the Chief Executive. - The penalty of reclusion temporal shall be imposed
upon any person who shall forge the Great Seal of the Government of the Philippine Islands or 1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if
the signature or stamp of the Chief Executive. the document which has been falsified, counterfeited, or altered, is an obligations or
security of the United States or of the Philippines Islands.
Article 162. Using forged signature or counterfeit seal or stamp. - The penalty of prision mayor
shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged The word "obligation or security of the United States or of the Philippine Islands" shall
signature or stamp mentioned in the preceding article. be held to mean all bonds, certificates of indebtedness, national bank notes, fractional
notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon
 authorized officers of the United States or of the Philippine Islands, and other Article 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The
representatives of value, of whatever denomination, which have been or may be issued penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public
under any act of the Congress of the United States or of the Philippine Legislature. officer, employee, or notary who, taking advantage of his official position, shall falsify a document
by committing any of the following acts:
2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the
falsified or altered document is a circulating note issued by any banking association duly 1. Counterfeiting or imitating any handwriting, signature or rubric;
authorized by law to issue the same.
2. Causing it to appear that persons have participated in any act or proceeding when
3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the they did not in fact so participate;
falsified or counterfeited document was issued by a foreign government.
3. Attributing to persons who have participated in an act or proceeding statements other
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when than those in fact made by them;
the forged or altered document is a circulating note or bill issued by a foreign bank duly
authorized therefor. 4. Making untruthful statements in a narration of facts;

Article 167. Counterfeiting, importing and uttering instruments not payable to bearer. - Any 5. Altering true dates;
person who shall forge, import or utter, in connivance with the forgers or importers, any
instrument payable to order or other document of credit not payable to bearer, shall suffer the 6. Making any alteration or intercalation in a genuine document which changes its
penalties of prision correccional in its medium and maximum periods and a fine not meaning;
exceeding P6,000 pesos.
7. Issuing in an authenticated form a document purporting to be a copy of an original
Article 168. Illegal possession and use of false treasury or bank notes and other instruments of document when no such original exists, or including in such a copy a statement contrary
credit. - Unless the act be one of those coming under the provisions of any of the preceding to, or different from, that of the genuine original; or
articles, any person who shall knowingly use or have in his possession, with intent to use any of
the false or falsified instruments referred to in this section, shall suffer the penalty next lower in
degree than that prescribed in said articles. 8. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.
Article 169. How forgery is committed. - The forgery referred to in this section may be committed
by any of the following means: The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of this article, with respect to any record or
document of such character that its falsification may affect the civil status of persons.
1. By giving to a treasury or bank note or any instrument, payable to bearer or order
mentioned therein, the appearance of a true genuine document.
Article 172. Falsification by private individual and use of falsified documents. - The penalty of
prision correccional in its medium and maximum periods and a fine of not more than P5,000
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, pesos shall be imposed upon:
words or signs contained therein.
1. Any private individual who shall commit any of the falsifications enumerated in the
Section Four. - Falsification of legislative, public, commercial, and privatedocuments, and wireless, next preceding article in any public or official document or letter of exchange or any
telegraph, and telephone message. other kind of commercial document; and

Article 170. Falsification of legislative documents. - The penalty of prision correccional in its 2. Any person who, to the damage of a third party, or with the intent to cause such
maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, damage, shall in any private document commit any of the acts of falsification enumerated
without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or in the next preceding article.
pending approval by either House of the Legislature or any provincial board or municipal council.
Any person who shall knowingly introduce in evidence in any judicial proceeding or to the Chapter Two
damage of another or who, with the intent to cause such damage, shall use any of the false OTHER FALSITIES
documents embraced in the next preceding article, or in any of the foregoing subdivisions of this
article, shall be punished by the penalty next lower in degree. Section One. - Usurpation of authority, rank, title, and improper use of names, uniforms and
insignia.
Article 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said
falsified messages. - The penalty of prision correccional in its medium and maximum periods shall Article 177. Usurpation of authority or official functions. - Any person who shall knowingly and
be imposed upon officer or employee of the Government or of any private corporation or concern falsely represent himself to be an officer, agent or representative of any department or agency of
engaged in the service of sending or receiving wireless, cable or telephone message who utters a the Philippine Government or of any foreign government, or who, under pretense of official
fictitious wireless, telegraph or telephone message of any system or falsifies the same. position, shall perform any act pertaining to any person in authority or public officer of the
Philippine Government or any foreign government, or any agency thereof, without being lawfully
Any person who shall use such falsified dispatch to the prejudice of a third party or with the entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium
intent of cause such prejudice, shall suffer the penalty next lower in degree. periods.

Section Five. - Falsification of medical certificates, certificates of merit or services and the like. Article 178. Using fictitious name and concealing true name. - The penalty of arresto mayor and a
fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious
Article 174. False medical certificates, false certificates of merits or service, etc. - The penalties name for the purpose of concealing a crime, evading the execution of a judgment or causing
of arresto mayor in its maximum period to prision correccional in its minimum period and a fine damage.
not to exceed P1,000 pesos shall be imposed upon:
Any person who conceals his true name and other personal circumstances shall be punished
1. Any physician or surgeon who, in connection, with the practice of his profession, shall by arresto menor or a fine not to exceed 200 pesos.
issue a false certificate; and
Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor shall be imposed
2. Any public officer who shall issue a false certificate of merit of service, good conduct upon any person who shall publicly and improperly make use of insignia, uniforms or dress
or similar circumstances. pertaining to an office not held by such person or to a class of persons of which he is not a
member.
The penalty of arresto mayor shall be imposed upon any private person who shall falsify a
certificate falling within the classes mentioned in the two preceding subdivisions. Section Two. - False testimony

Article 175. Using false certificates. - The penalty of arresto menor shall be imposed upon any Article 180. False testimony against a defendant. - Any person who shall give false testimony
one who shall knowingly use any of the false certificates mentioned in the next preceding article. against the defendant in any criminal case shall suffer:

Section Six. - Manufacturing, importing and possession of instruments or implements intended 1. The penalty of reclusion temporal, if the defendant in said case shall have been
for the commission of falsification. sentenced to death;

Article 176. Manufacturing and possession of instruments or implements for falsification. - The 2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion
penalty of prison correctional in its medium and maximum periods and a fine not to temporal or reclusion perpetua;
exceed P10,000 pesos shall be imposed upon any person who shall make or introduce into the
Philippine Islands any stamps, dies, marks, or other instruments or implements intended to be 3. The penalty of prision correccional, if the defendant shall have been sentenced to any
used in the commission of the offenses of counterfeiting or falsification mentioned in the other afflictive penalty; and
preceding sections of this Chapter. Any person who, with the intention of using them, shall have
in his possession any of the instruments or implements mentioned in the preceding paragraphs, 4. The penalty of arresto mayor, if the defendant shall have been sentenced to a
shall suffer the penalty next lower in degree than that provided therein. correctional penalty or a fine, or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not Article 186. Monopolies and combinations in restraint of trade. - The penalty of prision
to exceed 1,000 pesos. correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be
imposed upon:
Article 181. False testimony favorable to the defendants. - Any person who shall give false
testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto 1. Any person who shall enter into any contract or agreement or shall take part in any
mayor in its maximum period to prision correccional in its minimum period a fine not to exceed conspiracy or combination in the form of a trust or otherwise, in restraint of trade or
1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty commerce or to prevent by artificial means free competition in the market;
of arresto mayor in any other case.
2. Any person who shall monopolize any merchandise or object of trade or commerce, or
Article 182. False testimony in civil cases. - Any person found guilty of false testimony in a civil shall combine with any other person or persons to monopolize and merchandise or
case shall suffer the penalty of prision correccional in its minimum period and a fine not to object in order to alter the price thereof by spreading false rumors or making use of any
exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the penalty other article to restrain free competition in the market;
of arresto mayor in its maximum period to prision correccional in its minimum period and a fine
not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot 3. Any person who, being a manufacturer, producer, or processor of any merchandise or
be estimated. object of commerce or an importer of any merchandise or object of commerce from any
foreign country, either as principal or agent, wholesaler or retailer, shall combine,
Article 183. False testimony in other cases and perjury in solemn affirmation. - The penalty conspire or agree in any manner with any person likewise engaged in the manufacture,
of arresto mayor in its maximum period to prision correccional in its minimum period shall be production, processing, assembling or importation of such merchandise or object of
imposed upon any person, who knowingly makes untruthful statements and not being included commerce or with any other persons not so similarly engaged for the purpose of making
in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, transactions prejudicial to lawful commerce, or of increasing the market price in any
upon any material matter before a competent person authorized to administer an oath in cases in part of the Philippines, of any such merchandise or object of commerce manufactured,
which the law so requires. produced, processed, assembled in or imported into the Philippines, or of any article in
the manufacture of which such manufactured, produced, or imported merchandise or
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the object of commerce is used.
falsehoods mentioned in this and the three preceding articles of this section, shall suffer the
respective penalties provided therein. If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or
other articles of prime necessity, the penalty shall be that of prision mayor in its maximum and
Article 184. Offering false testimony in evidence. - Any person who shall knowingly offer in medium periods it being sufficient for the imposition thereof that the initial steps have been
evidence a false witness or testimony in any judicial or official proceeding, shall be punished as taken toward carrying out the purposes of the combination.
guilty of false testimony and shall suffer the respective penalties provided in this section.
Any property possessed under any contract or by any combination mentioned in the preceding
Chapter Three paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.
FRAUDS
Whenever any of the offenses described above is committed by a corporation or association, the
Section One. - Machinations, monopolies and combinations president and each one of its agents or representatives in the Philippines in case of a foreign
corporation or association, who shall have knowingly permitted or failed to prevent the
Article 185. Machinations in public auctions. - Any person who shall solicit any gift or promise as commission of such offense, shall be held liable as principals thereof.
a consideration for refraining from taking part in any public auction, and any person who shall
attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other Section Two. - Frauds in commerce and industry
artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the
penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per Article 187. Importation and disposition of falsely marked articles or merchandise made of gold,
centum of the value of the thing auctioned. silver, or other precious metals or their alloys. - The penalty of prision correccional or a fine
ranging from 200 to 1,000 pesos, or both, shall be imposed on any person who shall knowingly
import or sell or dispose of any article or merchandise made of gold, silver, or other precious
metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service
quality of said metals or alloys. mark, fraudulent designation of origin, and false description. - The penalty provided in the next
proceeding article shall be imposed upon:
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the
article on which it is engraved, printed, stamped, labeled or attached, when the rest of the article 1. Any person who, in unfair competition and for the purposes of deceiving or defrauding
shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and another of his legitimate trade or the public in general, shall sell his goods giving them
less by more than four one-thousandth, if made of silver, than what is shown by said stamp, the general appearance of goods of another manufacturer or dealer, either as to the
brand, label or mark. But in case of watch cases and flatware made of gold, the actual fineness of goods themselves, or in the wrapping of the packages in which they are contained or the
such gold shall not be less by more than three one-thousandth than the fineness indicated by said device or words thereon or in any other features of their appearance which would be
stamp, brand, label, or mark. likely to induce the public to believe that the goods offered are those of a manufacturer
or dealer other than the actual manufacturer or dealer or shall give other persons a
Article 188. Subsisting and altering trade-mark, trade-names, or service marks. - The penalty of chance or opportunity to do the same with a like purpose.
prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both,
shall be imposed upon: 2. Any person who shall affix, apply, annex or use in connection with any goods or
services or any container or containers for goods a false designation of origin or any
1. Any person who shall substitute the trade name or trade-mark of some other false description or representation and shall sell such goods or services.
manufacturer or dealer or a colorable imitation thereof, for the trademark of the real
manufacturer or dealer upon any article of commerce and shall sell the same; 3. Any person who by means of false or fraudulent representation or declarations orally
or in writing or by other fraudulent means shall procure from the patent office or from
2. Any person who shall sell such articles of commerce or offer the same for sale, any other office which may hereafter be established by law for the purposes the
knowing that the trade-name or trade- mark has been fraudulently used in such goods as registration of a trade-name, trade-mark or service mark or of himself as the owner of
described in the preceding subdivision; such trade-name, trade-mark or service mark or an entry respecting a trade-name,
trade-mark or service mark.
3. Any person who, in the sale or advertising of his services, shall use or substitute the
service mark of some other person, or a colorable imitation of such mark; or Title Five

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
service mark of a person is to be used, prints, lithographs, or in any way reproduces such
trade-name, trade-mark, or service mark, or a colorable imitation thereof, for another Article 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. -
person, to enable that other person to fraudulently use such trade-name, trade-mark, or The penalty of arresto mayor in its medium period to prision correccional in its minimum period
service mark on his own goods or in connection with the sale or advertising of his and a fine ranging from 300 to 1,000 pesos shall be imposed upon:
services.
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or
A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign otherwise use any prohibited drug.
or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise,
for the purpose of enabling the public to distinguish the business of the person who owns and "Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine,
uses said trade-name or trade-mark.
Indian hemp, their derivatives, and all preparations made from them or any of them, and
A service mark as herein used is a mark used in the sale or advertising of services to identify the such other drugs, whether natural or synthetic, having physiological action as a narcotic
services of one person and distinguish them from the services of others and includes without drug.
limitation the marks, names, symbols, titles, designations, slogans, character names, and
distinctive features of radio or other advertising. "Opium" embraces every kind, class, and character of opium, whether crude or prepared;
the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine
or any alkaloid of opium, preparation in which opium, morphine or any kind of opium,
 enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether Title Six
prepared or not for their use.
CRIMES AGAINST PUBLIC MORALS
"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang,
guaza, churruz, and ganjah embraces every kind, class and character of Indian hemp, Chapter One
whether dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival, GAMBLING AND BETTING
from which the resin has not been extracted, including all other geographic varieties
whether used as reefers, resin, extract, tincture or in any other form whatsoever. Article 195. What acts are punishable in gambling. - (a) The penalty of arresto mayor or a fine not
exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine
By narcotic drug is meant a drug that produces a condition of insensibility and ranging from two hundred or six thousand pesos, shall be imposed upon:
melancholy dullness of mind with delusions and may be habit-forming.
1. Any person other than those referred to in subsections (b) and (c) who, in any manner
2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any shall directly, or indirectly take part in any game of monte, jueteng or any other form of
form, in violation of the law. lottery, policy, banking, or percentage game, dog races, or any other game of scheme the
result of which depends wholly or chiefly upon chance or hazard; or wherein wagers
Article 191. Keeper, watchman and visitor of opium den. - The penalty of arresto mayor and a fine consisting of money, articles of value or representative of value are made; or in the
ranging from 100 to 300 pesos shall be imposed upon: exploitation or use of any other mechanical invention or contrivance to determine by
chance the loser or winner of money or any object or representative of value.
1. Anyone who shall act as a keeper or watchman of a dive or resort where any
prohibited drug is used in any manner contrary to law; and 2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subdivision to be carried on in any unhabited or uninhabited place of any
2. Any person who, not being included in the provisions of the next preceding article, building, vessel or other means of transportation owned or controlled by him. If the
shall knowingly visit any dive or resort of the character referred to above. place where gambling is carried on has the reputation of a gambling place or that
prohibited gambling is frequently carried on therein, the culprit shall be punished by the
Article 192. Importation and sale of prohibited drugs. - The penalty of prision correccional in its penalty provided for in this article in its maximum period.
medium and maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed
upon any person who shall import or bring into the Philippine Islands any prohibited drug. (b) The penalty of prision correccional in its maximum degree shall be imposed upon the
maintainer, conductor, or banker in a game of jueteng or any similar game.
The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to
another prohibited drug. (c) The penalty of prision correccional in its medium degree shall be imposed upon any person
who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or
Article 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited other matter containing letters, figures, signs or symbols which pertain to or are in any manner
drug. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon used in the game of jueteng or any similar game which has taken place or about to take place.
any person who, not being authorized by law, shall possess any opium pipe or other
paraphernalia for smoking, injecting, administering or using opium or any prohibited drug. Article 196. Importation, sale and possession of lottery tickets or advertisements. - The penalty
of arresto mayor in its maximum period to prision correccional in its minimum period or a fine
The illegal possession of an opium pipe or other paraphernalia for using any other prohibited ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon
drug shall be prima facie evidence that its possessor has used said drug. any person who shall import into the Philippine Islands from any foreign place or port any
lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the
same.
Article 194. Prescribing opium unnecessary for a patient. - The penalty of prision correccional or
a fine ranging from 300 to 10,000 pesos, or both shall be imposed upon any physician or dentist
who shall prescribe opium for any person whose physical condition does not require the use of Any person who shall knowingly and with intent to use them, have in his possession lottery
the same. tickets or advertisements, or shall sell or distribute the same without connivance with the
importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or (1) Those who shall publicly expound or proclaim doctrines openly contrary to public
both, in the discretion of the court. morals;

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to (2) (a) the authors of obscene literature, published with their knowledge in any form;
sell, distribute or use the same in the Philippine Islands. the editors publishing such literature; and the owners/operators of the establishment
selling the same;
Article 197. Betting in sports contests. - The penalty of arresto menor or a fine not exceeding 200
pesos, or both, shall be imposed upon any person who shall bet money or any object or article of (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit,
value or representative of value upon the result of any boxing or other sports contests. indecent or immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which (1) glorify criminals
Article 198. Illegal betting on horse race. - The penalty of arresto menor or a fine not exceeding or condone crimes; (2) serve no other purpose but to satisfy the market for
200 pesos, or both, shall be imposed upon any person who except during the period allowed by violence, lust or pornography; (3) offend any race or religion; (4) tend to abet
law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 traffic in and use of prohibited drugs; and (5) are contrary to law, public order,
pesos, or both, shall be imposed upon any person who, under the same circumstances, shall morals, and good customs, established policies, lawful orders, decrees and
maintain or employ a totalizer or other device or scheme for betting on horse races or realizing edicts;
any profit therefrom.
(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
For the purposes of this article, any race held in the same day at the same place shall be held literature which are offensive to morals. (As amended by PD Nos. 960 and 969).
punishable as a separate offense, and if the same be committed by any partnership, corporation
or association, the president and the directors or managers thereof shall be deemed to be Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants:
principals in the offense if they have consented to or knowingly tolerated its commission.
1. Any person having no apparent means of subsistence, who has the physical ability to
Article 199. Illegal cockfighting. - The penalty of arresto menor or a fine not exceeding 200 pesos, work and who neglects to apply himself or herself to some lawful calling;
or both, in the discretion of the court, shall be imposed upon:
2. Any person found loitering about public or semi-public buildings or places or
1. Any person who directly or indirectly participates in cockfights, by betting money or trampling or wandering about the country or the streets without visible means of
other valuable things, or who organizes cockfights at which bets are made, on a day support;
other than those permitted by law.
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and
2. Any person who directly or indirectly participates in cockfights, at a place other than a those who habitually associate with prostitutes;
licensed cockpit.
4. Any person who, not being included in the provisions of other articles of this Code,
Chapter Two shall be found loitering in any inhabited or uninhabited place belonging to another
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS without any lawful or justifiable purpose;

Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall be imposed 5. Prostitutes.
upon any person who shall offend against decency or good customs by any highly scandalous
conduct not expressly falling within any other article of this Code. For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Article 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. - The
penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both Any person found guilty of any of the offenses covered by this articles shall be punished
such imprisonment and fine, shall be imposed upon: by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in
its medium period to prision correccional in its minimum period or a fine ranging from 200 to instituting prosecution for the punishment of violators of the law, or shall tolerate the
2,000 pesos, or both, in the discretion of the court. commission of offenses.

Title Seven Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to
the proper administrative action, the penalty of prision correccional in its minimum period, or a
CRIMES COMMITTED BY PUBLIC OFFICERS fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or
solicitor ( procurador judicial) who, by any malicious breach of professional duty or of
Chapter One inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the
PRELIMINARY PROVISIONS latter learned by him in his professional capacity.

Article 203. Who are public officers. - For the purpose of applying the provisions of this and the The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial)
preceding titles of this book, any person who, by direct provision of the law, popular election or who, having undertaken the defense of a client or having received confidential information from
appointment by competent authority, shall take part in the performance of public functions in the said client in a case, shall undertake the defense of the opposing party in the same case, without
Government of the Philippine Islands, of shall perform in said Government or in any of its the consent of his first client.
branches public duties as an employee, agent or subordinate official, of any rank or class, shall be
deemed to be a public officer. Section Two. - Bribery

Chapter Two Article 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a
MALFEASANCE AND MISFEASANCE IN OFFICE crime, in connection with the performance of this official duties, in consideration of any offer,
promise, gift or present received by such officer, personally or through the mediation of another,
Section One. - Dereliction of duty shall suffer the penalty of prision mayor in its medium and maximum periods and a fine of not
less than the value of the gift and] not less than three times the value of the gift in addition to the
penalty corresponding to the crime agreed upon, if the same shall have been committed.
Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly render an
unjust judgment in any case submitted to him for decision, shall be punished by prision mayor
and perpetual absolute disqualification. If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in
the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer
Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable the penalties of prision correccional, in its medium period and a fine of not less than twice the
negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him value of such gift.
for decision shall be punished by arresto mayor and temporary special disqualification.
If the object for which the gift was received or promised was to make the public officer refrain
Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust from doing something which it was his official duty to do, he shall suffer the penalties of prision
interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and correccional in its maximum period and a fine of not less than the value of the gift and not less
suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the than three times the value of such gift.
interlocutory order or decree be manifestly unjust, the penalty shall be suspension.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the
Article 207. Malicious delay in the administration of justice. - The penalty of prision correccional penalty of special temporary disqualification.
in its minimum period shall be imposed upon any judge guilty of malicious delay in the
administration of justice.
The provisions contained in the preceding paragraphs shall be made applicable to assessors,
arbitrators, appraisal and claim commissioners, experts or any other persons performing public
Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision duties. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985).
correccional in its minimum period and suspension shall be imposed upon any public officer, or
officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from
Article 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum
periods, and public censure shall be imposed upon any public officer who shall accept gifts
offered to him by reason of his office. (As amended by Batas Pambansa Blg. 871, approved May Article 214. Other frauds. - In addition to the penalties prescribed in the provisions of Chapter
29, 1985). Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its
maximum period to perpetual special disqualification shall be imposed upon any public officer
Article 211-A. Qualified bribery. - If any public officer is entrusted with law enforcement and he who, taking advantage of his official position, shall commit any of the frauds or deceits
refrains from arresting or prosecuting an offender who has committed a crime punishable by enumerated in said provisions.
reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall
suffer the penalty for the offense which was not prosecuted. Article 215. Prohibited transactions. - The penalty of prision correccional in its maximum period
or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of officer who, during his incumbency, shall directly or indirectly become interested in any
death. (As added by Sec. 4, RA No. 7659). transaction of exchange or speculation within the territory subject to his jurisdiction.

Article 212. Corruption of public officials. - The same penalties imposed upon the officer Article 216. Possession of prohibited interest by a public officer. - The penalty of arresto mayor in
corrupted, except those of disqualification and suspension, shall be imposed upon any person its medium period to prision correccional in its minimum period, or a fine ranging from 200 to
who shall have made the offers or promises or given the gifts or presents as described in the 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall
preceding articles. become interested in any contract or business in which it is his official duty to intervene.

Chapter Three This provisions is applicable to experts, arbitrators and private accountants who, in like manner,
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS shall take part in any contract or transaction connected with the estate or property in appraisal,
distribution or adjudication of which they shall have acted, and to the guardians and executors
Article 213. Frauds against the public treasury and similar offenses. - The penalty of prision with respect to the property belonging to their wards or estate.
correccional in its medium period to prision mayor in its minimum period, or a fine ranging from
200 to 10,000 pesos, or both, shall be imposed upon any public officer who: Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
1. In his official capacity, in dealing with any person with regard to furnishing supplies,
the making of contracts, or the adjustment or settlement of accounts relating to public Article 217. Malversation of public funds or property; Presumption of malversation. - Any public
property or funds, shall enter into an agreement with any interested party or speculator officer who, by reason of the duties of his office, is accountable for public funds or property, shall
or make use of any other scheme, to defraud the Government; appropriate the same or shall take or misappropriate or shall consent, through abandonment or
negligence, shall permit any other person to take such public funds, or property, wholly or
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or
guilty or any of the following acts or omissions: property, shall suffer:

(a) Demanding, directly, or indirectly, the payment of sums different from or 1. The penalty of prision correccional in its medium and maximum periods, if the
larger than those authorized by law. amount involved in the misappropriation or malversation does not exceed two hundred
pesos.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially. 2. The penalty of prision mayor in its minimum and medium periods, if the amount
involved is more than two hundred pesos but does not exceed six thousand pesos.
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise
things or objects of a nature different from that provided by law. 3. The penalty of prision mayor in its maximum period to reclusion temporal in its
minimum period, if the amount involved is more than six thousand pesos but is less than
twelve thousand pesos.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of
Customs, the provisions of the Administrative Code shall be applied.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount
involved is more than twelve thousand pesos but is less than twenty-two thousand
 pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its Article 222. Officers included in the preceding provisions. - The provisions of this chapter shall
maximum period to reclusion perpetua. apply to private individuals who in any capacity whatever, have charge of any insular, provincial
or municipal funds, revenues, or property and to any administrator or depository of funds or
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special property attached, seized or deposited by public authority, even if such property belongs to a
disqualification and a fine equal to the amount of the funds malversed or equal to the total value private individual.
of the property embezzled.
Chapter Five
The failure of a public officer to have duly forthcoming any public funds or property with which INFIDELITY OF PUBLIC OFFICERS
he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that
he has put such missing funds or property to personal use. (As amended by RA 1060). Section One. - Infidelity in the custody of prisoners

Article 218. Failure of accountable officer to render accounts. - Any public officer, whether in the Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to the
service or separated therefrom by resignation or any other cause, who is required by law or escape of a prisoner in his custody or charge, shall be punished:
regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to do
so for a period of two months after such accounts should be rendered, shall be punished by 1. By prision correccional in its medium and maximum periods and temporary special
prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or both. disqualification in its maximum period to perpetual special disqualification, if the
fugitive shall have been sentenced by final judgment to any penalty.
Article 219. Failure of a responsible public officer to render accounts before leaving the country. -
Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without 2. By prision correccional in its minimum period and temporary special disqualification,
securing a certificate from the Insular Auditor showing that his accounts have been finally in case the fugitive shall not have been finally convicted but only held as a detention
settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both. prisoner for any crime or violation of law or municipal ordinance.

Article 220. Illegal use of public funds or property. - Any public officer who shall apply any public Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken place
fund or property under his administration to any public use other than for which such fund or through the negligence of the officer charged with the conveyance or custody of the escaping
property were appropriated by law or ordinance shall suffer the penalty of prision correccional prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision
in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by correccional in its minimum period and temporary special disqualification.
reason of such misapplication, any damages or embarrassment shall have resulted to the public
service. In either case, the offender shall also suffer the penalty of temporary special Article 225. Escape of prisoner under the custody of a person not a public officer. - Any private
disqualification. person to whom the conveyance or custody or a prisoner or person under arrest shall have been
confided, who shall commit any of the offenses mentioned in the two preceding articles, shall
If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from suffer the penalty next lower in degree than that prescribed for the public officer.
5 to 50 per cent of the sum misapplied.
Section Two. - Infidelity in the custody of document
Article 221. Failure to make delivery of public funds or property. - Any public officer under
obligation to make payment from Government funds in his possession, who shall fail to make Article 226. Removal, concealment or destruction of documents. - Any public officer who shall
such payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:
which he failed to pay.
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious
This provision shall apply to any public officer who, being ordered by competent authority to damage shall have been caused thereby to a third party or to the public interest.
deliver any property in his custody or under his administration, shall refuse to make such
delivery.
2. The penalty of prision correccional in its minimum and medium period and a fine not
exceeding 1,000 pesos, whenever the damage to a third party or to the public interest
The fine shall be graduated in such case by the value of the thing, provided that it shall not less shall not have been serious.
than 50 pesos.
In either case, the additional penalty of temporary special disqualification in its maximum period Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to
to perpetual disqualification shall be imposed. prision correccional in its minimum period, perpetual special disqualification and a fine not
exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from
Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or competent authority, shall fail to lend his cooperation towards the administration of justice or
property sealed by proper authority, who shall break the seals or permit them to be broken, shall other public service, if such failure shall result in serious damage to the public interest, or to a
suffer the penalties of prision correccional in its minimum and medium periods, temporary third party; otherwise, arresto mayor in its medium and maximum periods and a fine not
special disqualification and a fine not exceeding 2,000 pesos. exceeding 500 pesos shall be imposed.

Article 228. Opening of closed documents. - Any public officer not included in the provisions of Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not
the next preceding article who, without proper authority, shall open or shall permit to be opened exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by
any closed papers, documents or objects entrusted to his custody, shall suffer the penalties popular election to a public office, shall refuse without legal motive to be sworn in or to discharge
or arresto mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos. the duties of said office.

Section Three. - Revelation of secrets Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to
prision correccional in its minimum period, in addition to his liability for the physical injuries or
Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret damage caused, shall be imposed upon any public officer or employee who shall overdo himself
known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of in the correction or handling of a prisoner or detention prisoner under his charge, by the
papers of which he may have charge and which should not be published, shall suffer the penalties imposition of punishment not authorized by the regulations, or by inflicting such punishment in
of prision correccional in its medium and maximum periods, perpetual special disqualification a cruel and humiliating manner.
and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such
papers shall have caused serious damage to the public interest; otherwise, the penalties of If the purpose of the maltreatment is to extort a confession, or to obtain some information from
prision correccional in its minimum period, temporary special disqualification and a fine not the prisoner, the offender shall be punished by prision correccional in its minimum period,
exceeding 50 pesos shall be imposed. temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability
for the physical injuries or damage caused.
Article 230. Public officer revealing secrets of private individual. - Any public officer to whom the
secrets of any private individual shall become known by reason of his office who shall reveal such Section Two. - Anticipation, prolongation and abandonment of the duties and powers of public
secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. office.

Chapter Six Article 236. Anticipation of duties of a public office. - Any person who shall assume the
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS performance of the duties and powers of any public officer or employment without first being
sworn in or having given the bond required by law, shall be suspended from such office or
Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to employment until he shall have complied with the respective formalities and shall be fined from
execute the judgment, decision or order of any superior authority made within the scope of the 200 to 500 pesos.
jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties
of arresto mayor in its medium period to prision correccional in its minimum period, temporary Article 237. Prolonging performance of duties and powers. - Any public officer shall continue to
special disqualification in its maximum period and a fine not exceeding 1,000 pesos. exercise the duties and powers of his office, employment or commission, beyond the period
provided by law, regulation or special provisions applicable to the case, shall suffer the penalties
Article 232. Disobedience to order of superior officers, when said order was suspended by inferior of prision correccional in its minimum period, special temporary disqualification in its minimum
officer. - Any public officer who, having for any reason suspended the execution of the orders of period and a fine not exceeding 500 pesos.
his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall
suffer the penalties of prision correccional in its minimum and medium periods and perpetual Article 238. Abandonment of office or position. - Any public officer who, before the acceptance of
special disqualification. his resignation, shall abandon his office to the detriment of the public service shall suffer the
penalty of arresto mayor.
If such office shall have been abandoned in order to evade the discharge of the duties of 1. Upon any public officer who shall solicit or make immoral or indecent advances to a
preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One woman interested in matters pending before such officer for decision, or with respect to
of Title Three of Book Two of this Code, the offender shall be punished by prision correccional in which he is required to submit a report to or consult with a superior officer;
its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is
to evade the duty of preventing, prosecuting or punishing any other crime. 2. Any warden or other public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make immoral or indecent
Section Three. - Usurpation of powers and unlawful appointments advances to a woman under his custody.

Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of
minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall any person in the custody of such warden or officer, the penalties shall be prision correccional in
be imposed upon any public officer who shall encroach upon the powers of the legislative branch its minimum and medium periods and temporary special disqualification.
of the Government, either by making general rules or regulations beyond the scope of his
authority, or by attempting to repeal a law or suspending the execution thereof. Title Eight

Article 240. Usurpation of executive functions. - Any judge who shall assume any power CRIMES AGAINST PERSONS
pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their
powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in Chapter One
its minimum period. DESTRUCTION OF LIFE

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period Section One. - Parricide, murder, homicide
to prision correccional in its minimum period and shall be imposed upon any officer of the
executive branch of the Government who shall assume judicial powers or shall obstruct the
execution of any order or decision rendered by any judge within its jurisdiction. Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide
and shall be punished by the penalty of reclusion perpetua to death.
Article 242. Disobeying request for disqualification. - Any public officer who, before the question
of jurisdiction is decided, shall continue any proceeding after having been lawfully required to
refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos. Article 247. Death or physical injuries inflicted under exceptional circumstances. - Any legally
married person who having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the act or immediately thereafter, or
Article 243. Orders or requests by executive officers to any judicial authority. - Any executive shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
officer who shall address any order or suggestion to any judicial authority with respect to any
case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the
penalty of arresto mayor and a fine not exceeding 500 pesos. If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.
Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal qualifications therefor, shall suffer the These rules shall be applicable, under the same circumstances, to parents with respect to their
penalty of arresto mayor and a fine not exceeding 1,000 pesos. daughters under eighteen years of age, and their seducer, while the daughters are living with
their parents.
Section Four. - Abuses against chastity
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits
Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in its of this article.
medium and maximum periods and temporary special disqualification shall be imposed:
Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty
another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum of prision correccional in its medium and maximum periods shall be imposed upon all those who
period to death, if committed with any of the following attendant circumstances: shall have used violence upon the person of the victim.

1. With treachery, taking advantage of superior strength, with the aid of armed men, or Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as
employing means to weaken the defense or of means or persons to insure or afford referred to in the preceding article, only serious physical injuries are inflicted upon the
impunity. participants thereof and the person responsible thereof cannot be identified, all those who
appear to have used violence upon the person of the offended party shall suffer the penalty next
2. In consideration of a price, reward, or promise. lower in degree than that provided for the physical injuries so inflicted.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, When the physical injuries inflicted are of a less serious nature and the person responsible
derailment or assault upon a street car or locomotive, fall of an airship, by means of therefor cannot be identified, all those who appear to have used any violence upon the person of
motor vehicles, or with the use of any other means involving great waste and ruin. the offended party shall be punished by arresto mayor from five to fifteen days.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an Article 253. Giving assistance to suicide. - Any person who shall assist another to commit suicide
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public shall suffer the penalty of prision mayor; if such person leads his assistance to another to the
calamity. extent of doing the killing himself, he shall suffer the penalty of reclusion temporal.

5. With evident premeditation. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and
maximum periods, shall be imposed.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall
suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of
Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall the case are such that the act can be held to constitute frustrated or attempted parricide, murder,
kill another without the attendance of any of the circumstances enumerated in the next homicide or any other crime for which a higher penalty is prescribed by any of the articles of this
preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. Code.

Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts Section Two. - Infanticide and abortion.
of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or
homicide, defined and penalized in the preceding articles, a penalty lower by one degree than Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in
that which should be imposed under the provision of Article 50. Article 248 shall be imposed upon any person who shall kill any child less than three days of age.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty If the crime penalized in this article be committed by the mother of the child for the purpose of
which under Article 51 should be imposed for an attempt to commit any of such crimes. concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and
maximum periods, and if said crime be committed for the same purpose by the maternal
Article 251. Death caused in a tumultuous affray. - When, while several persons, not composing grandparents or either of them, the penalty shall be prision mayor.
groups organized for the common purpose of assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and tumultuous manner, and in the course of the Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall
affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the suffer:
person or persons who inflicted serious physical injuries can be identified, such person or
persons shall be punished by prision mayor. 1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
 2. The penalty of prision mayor if, without using violence, he shall act without the Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period
consent of the woman. shall be imposed upon any person who shall challenge another, or incite another to give or accept
a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a
3. The penalty of prision correccional in its medium and maximum periods, if the woman challenge to fight a duel.
shall have consented.
Chapter Two
Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and PHYSICAL INJURIES
medium period shall be imposed upon any person who shall cause an abortion by violence, but
unintentionally. Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall intentionally mutilate another by depriving him, either
Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision totally or partially, or some essential organ of reproduction.
correccional in its medium and maximum periods shall be imposed upon a woman who shall
practice abortion upon herself or shall consent that any other person should do so. Any other intentional mutilation shall be punished by prision mayor in its medium and maximum
periods.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and medium periods. Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another,
shall be guilty of the crime of serious physical injuries and shall suffer:
If this crime be committed by the parents of the pregnant woman or either of them, and they act
with the consent of said woman for the purpose of concealing her dishonor, the offenders shall 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
suffer the penalty of prision correccional in its medium and maximum periods. injured person shall become insane, imbecile, impotent, or blind;

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The 2. The penalty of prision correccional in its medium and maximum periods, if in
penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any consequence of the physical injuries inflicted, the person injured shall have lost the use
physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an
abortion or assist in causing the same. arm, or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;
Any pharmacist who, without the proper prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos. 3. The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become
Section Three. - Duel deformed, or shall have lost any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of the work in which he as
Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall be habitually engaged for a period of more than ninety days;
imposed upon any person who shall kill his adversary in a duel.
4. The penalty of arresto mayor in its maximum period to prision correccional in its
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided minimum period, if the physical injuries inflicted shall have caused the illness or
therefor, according to their nature. incapacity for labor of the injured person for more than thirty days.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical If the offense shall have been committed against any of the persons enumerated in Article 246, or
injuries have been inflicted. with attendance of any of the circumstances mentioned in Article 248, the case covered by
subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and
maximum periods; the case covered by subdivision number 2 by prision correccional in its
The seconds shall in all events be punished as accomplices. maximum period to prision mayor in its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and maximum periods; and the case covered by
subdivision number 4 by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict Section One. - Illegal Detention
physical injuries upon his child by excessive chastisement.
Article 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or
Article 264. Administering injurious substances or beverages. - The penalties established by the detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of
next preceding article shall be applicable in the respective case to any person who, without intent reclusion perpetua to death:
to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him
any injurious substance or beverages or by taking advantage of his weakness of mind or 1. If the kidnapping or detention shall have lasted more than five days.
credulity.
2. If it shall have been committed simulating public authority.
Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical
injuries not described in the preceding articles, but which shall incapacitate the offended party 3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
for labor for ten days or more, or shall require medical assistance for the same period, shall be detained; or if threats to kill him shall have been made.
guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill
or offend the injured person, or under circumstances adding ignominy to the offense in addition
to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed. The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.
Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians,
curators, teachers, or persons of rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods, provided that, in the case of persons in Article 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed upon
authority, the deed does not constitute the crime of assault upon such person. any private individual who shall commit the crimes described in the next preceding article
without the attendance of any of circumstances enumerated therein.
Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall
be punished: The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of
the crime.
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require medical If the offender shall voluntarily release the person so kidnapped or detained within three days
attendance during the same period. from the commencement of the detention, without having attained the purpose intended, and
before the institution of criminal proceedings against him, the penalty shall be prision mayor in
its minimum and medium periods and a fine not exceeding seven hundred pesos.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has
caused physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance. Article 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, in any case other than those authorized by law, or
without reasonable ground therefor, shall arrest or detain another for the purpose of delivering
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the him to the proper authorities.
offender shall ill-treat another by deed without causing any injury.
Section Two. - Kidnapping of minors
Title Nine
Article 270. Kidnapping and failure to return a minor. - The penalty of reclusion perpetua shall be
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY imposed upon any person who, being entrusted with the custody of a minor person, shall
deliberately fail to restore the latter to his parents or guardians.
Chapter One
CRIMES AGAINST LIBERTY
Article 271. Inducing a minor to abandon his home. - The penalty of prision correccional and a 3. Anyone who, having found an abandoned child under seven years of age, shall fail to
fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor deliver said child to the authorities or to his family, or shall fail to take him to a safe
to abandon the home of his parent or guardians or the persons entrusted with his custody. place.

If the person committing any of the crimes covered by the two preceding articles shall be the Article 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding 500
father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three pesos shall be imposed upon any one who shall abandon a child under seven years of age, the
hundred pesos, or both. custody of which is incumbent upon him.

Section Three. - Slavery and Servitude When the death of the minor shall result from such abandonment, the culprit shall be punished
by prision correccional in its medium and maximum periods; but if the life of the minor shall
Article 272. Slavery. - The penalty of prision mayor and a fine of not exceeding 10,000 pesos have been in danger only, the penalty shall be prision correccional in its minimum and medium
shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the periods.
purpose of enslaving him.
The provisions contained in the two preceding paragraphs shall not prevent the imposition of the
If the crime be committed for the purpose of assigning the offended party to some immoral penalty provided for the act committed, when the same shall constitute a more serious offense.
traffic, the penalty shall be imposed in its maximum period.
Article 277. Abandonment of minor by person entrusted with his custody; indifference of parents. -
Article 273. Exploitation of child labor. - The penalty of prision correccional in its minimum and The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone
medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under who, having charge of the rearing or education of a minor, shall deliver said minor to a public
the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person institution or other persons, without the consent of the one who entrusted such child to his care
entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. or in the absence of the latter, without the consent of the proper authorities.

Article 274. Services rendered under compulsion in payment of debt. - The penalty of arresto The same penalty shall be imposed upon the parents who shall neglect their children by not
mayor in its maximum period to prision correccional in its minimum period shall be imposed giving them the education which their station in life require and financial conditions permit.
upon any person who, in order to require or enforce the payment of a debt, shall compel the
debtor to work for him, against his will, as household servant or farm laborer. Article 278. Exploitation of minors. - The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos shall be imposed upon:
Chapter Two
CRIMES AGAINST SECURITY 1. Any person who shall cause any boy or girl under sixteen years of age to perform any
dangerous feat of balancing, physical strength, or contortion.
Section One. - Abandonment of helpless persons and exploitation of minors.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or
Article 275. Abandonment of person in danger and abandonment of one's own victim. - The circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds
penalty of arresto mayor shall be imposed upon: children under sixteen years of age who are not his children or descendants.

1. Any one who shall fail to render assistance to any person whom he shall find in an 3. Any person engaged in any of the callings enumerated in the next paragraph preceding
uninhabited place wounded or in danger of dying, when he can render such assistance who shall employ any descendant of his under twelve years of age in such dangerous
without detriment to himself, unless such omission shall constitute a more serious exhibitions.
offense.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of
2. Anyone who shall fail to help or render assistance to another whom he has a child under sixteen years of age, who shall deliver such child gratuitously to any person
accidentally wounded or injured. following any of the callings enumerated in paragraph 2 hereof, or to any habitual
vagrant or beggar.
 If the delivery shall have been made in consideration of any price, compensation, or 1. The penalty next lower in degree than that prescribed by law for the crime be
promise, the penalty shall in every case be imposed in its maximum period. threatened to commit, if the offender shall have made the threat demanding money or
imposing any other condition, even though not unlawful, and said offender shall have
In either case, the guardian or curator convicted shall also be removed from office as attained his purpose. If the offender shall not have attained his purpose, the penalty
guardian or curator; and in the case of the parents of the child, they may be deprived, lower by two degrees shall be imposed.
temporarily or perpetually, in the discretion of the court, of their parental authority.
If the threat be made in writing or through a middleman, the penalty shall be imposed in
5. Any person who shall induce any child under sixteen years of age to abandon the its maximum period.
home of its ascendants, guardians, curators, or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual 2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not
vagrant or beggar. have been made subject to a condition.

Article 279. Additional penalties for other offenses. - The imposition of the penalties prescribed in Article 283. Light threats. - Any threat to commit a wrong not constituting a crime, made in the
the preceding articles, shall not prevent the imposition upon the same person of the penalty manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto
provided for any other felonies defined and punished by this Code. mayor.

Section Two. - Trespass to dwelling Article 284. Bond for good behavior. - In all cases falling within the two next preceding articles,
the person making the threats may also be required to give bail not to molest the person
Article 280. Qualified trespass to dwelling. - Any private person who shall enter the dwelling of threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.
another against the latter's will shall be punished by arresto mayor and a fine not exceeding
1,000 pesos. Article 285. Other light threats. - The penalty of arresto menor in its minimum period or a fine
not exceeding 200 pesos shall be imposed upon:
If the offense be committed by means of violence or intimidation, the penalty shall be prision
correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos. 1. Any person who, without being included in the provisions of the next preceding
article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it
The provisions of this article shall not be applicable to any person who shall enter another's be in lawful self-defense.
dwelling for the purpose of preventing some serious harm to himself, the occupants of the
dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for 2. Any person who, in the heat of anger, shall orally threaten another with some harm
the purpose of rendering some service to humanity or justice, nor to anyone who shall enter not constituting a crime, and who by subsequent acts show that he did not persist in the
cafes, taverns, inn and other public houses, while the same are open. idea involved in his threat, provided that the circumstances of the offense shall not bring
it within the provisions of Article 282 of this Code.
Article 281. Other forms of trespass. - The penalty of arresto menor or a fine not exceeding 200
pesos, or both, shall be imposed upon any person who shall enter the closed premises or the 3. Any person who shall orally threaten to do another any harm not constituting a felony.
fenced estate of another, while either or them are uninhabited, if the prohibition to enter be
manifest and the trespasser has not secured the permission of the owner or the caretaker Article 286. Grave coercions. - The penalty of arresto mayor and a fine not exceeding 500 pesos
thereof. shall be imposed upon any person who, without authority of law, shall, by means of violence,
prevent another from doing something not prohibited by law, or compel him to do something
Section Three. - Threats and Coercion against his will, whether it be right or wrong.

Article 282. Grave threats. - Any person who shall threaten another with the infliction upon the If the coercion be committed for the purpose of compelling another to perform any religious act
person, honor or property of the latter or of his family of any wrong amounting to a crime, shall or to prevent him from so doing, the penalty next higher in degree shall be imposed.
suffer:
Article 287. Light coercions. - Any person who, by means of violence, shall seize anything Article 291. Revealing secrets with abuse of office. - The penalty of arresto mayor and a fine not
belonging to his debtor for the purpose of applying the same to the payment of the debt, shall exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such
suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the capacity, shall learn the secrets of his principal or master and shall reveal such secrets.
thing, but in no case less than 75 pesos.
Article 292. Revelation of industrial secrets. - The penalty of prision correccional in its minimum
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in
from 5 pesos to 200 pesos, or both. charge, employee or workman of any manufacturing or industrial establishment who, to the
prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.
Article 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages
by means of tokens.) - The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or Title Ten
both, shall be imposed upon any person, agent or officer, of any association or corporation who
shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee CRIMES AGAINST PROPERTY
employed by him or by such firm or corporation to be forced or compelled, to purchase
merchandise or commodities of any kind. Chapter One
ROBBERY IN GENERAL
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or
employee employed by him, by means of tokens or objects other than the legal tender currency of Article 293. Who are guilty of robbery. - Any person who, with intent to gain, shall take any
the laborer or employee. personal property belonging to another, by means of violence or intimidation of any person, or
using force upon anything shall be guilty of robbery.
Article 289. Formation, maintenance and prohibition of combination of capital or labor through
violence or threats. - The penalty of arresto mayor and a fine not exceeding 300 pesos shall be Section One. - Robbery with violence or intimidation of persons.
imposed upon any person who, for the purpose of organizing, maintaining or preventing
coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or
threats in such a degree as to compel or force the laborers or employers in the free and legal Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person
exercise of their industry or work, if the act shall not constitute a more serious offense in guilty of robbery with the use of violence against or intimidation of any person shall suffer:
accordance with the provisions of this Code.
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the
Chapter Three robbery, the crime of homicide shall have been committed.
DISCOVERY AND REVELATION OF SECRETS
2. The penalty of reclusion temporal in its medium period to reclusion perpetua when
Article 290. Discovering secrets through seizure of correspondence. - The penalty of prision the robbery shall have been accompanied by rape or intentional mutilation, or if by
correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be reason or on occasion of such robbery, any of the physical injuries penalized in
imposed upon any private individual who in order to discover the secrets of another, shall seize subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the
his papers or letters and reveal the contents thereof. robbery accompanied with rape is committed with a use of a deadly weapon or by two
or more persons, the penalty shall be reclusion perpetua to death (As amended by PD
No. 767).
If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not
exceeding 500 pesos.
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any
of the physical injuries penalized in subdivision 2 of the article mentioned in the next
The provision shall not be applicable to parents, guardians, or persons entrusted with the preceding paragraph, shall have been inflicted.
custody of minors with respect to the papers or letters of the children or minors placed under
their care or study, nor to spouses with respect to the papers or letters of either of them.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the commission of
 the crime, or when the course of its execution, the offender shall have inflicted upon any Article 299. Robbery in an inhabited house or public building or edifice devoted to worship. - Any
person not responsible for its commission any of the physical injuries covered by sub- armed person who shall commit robbery in an inhabited house or public building or edifice
divisions 3 and 4 of said Article 23. devoted to religious worship, shall be punished by reclusion temporal, if the value of the property
taken shall exceed 250 pesos, and if:
5. The penalty of prision correccional in its maximum period to prision mayor in its
medium period in other cases. (As amended by R. A. 18). (a) The malefactors shall enter the house or building in which the robbery was

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or committed, by any of the following means:
with the use of firearm on a street, road or alley. - If the offenses mentioned in subdivisions three,
four, and five of the next preceding article shall have been committed in an uninhabited place or 1. Through a opening not intended for entrance or egress.
by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the
passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise 2. By breaking any wall, roof, or floor or breaking any door or window.
in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made
with the use of a firearm, the offender shall be punished by the maximum period of the proper
penalties. 3. By using false keys, picklocks or similar tools.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the 4. By using any fictitious name or pretending the exercise of public authority.
band.
Or if -
Article 296. Definition of a band and penalty incurred by the members thereof. - When more than
three armed malefactors take part in the commission of a robbery, it shall be deemed to have (b) The robbery be committed under any of the following circumstances:
been committed by a band. When any of the arms used in the commission of the offense be an
unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of 1. By the breaking of doors, wardrobes, chests, or any other kind of locked or
the corresponding penalty provided by law, without prejudice of the criminal liability for illegal sealed furniture or receptacle;
possession of such unlicensed firearms.
2. By taking such furniture or objects to be broken or forced open outside the
Any member of a band who is present at the commission of a robbery by the band, shall be place of the robbery.
punished as principal of any of the assaults committed by the band, unless it be shown that he
attempted to prevent the same. When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos,
the penalty next lower in degree shall be imposed.
Article 297. Attempted and frustrated robbery committed under certain circumstances. - When by
reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person The same rule shall be applied when the offenders are armed, but the value of the property taken
guilty of such offenses shall be punished by reclusion temporal in its maximum period to does not exceed 250 pesos.
reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the
provisions of this Code. When said offenders do not carry arms and the value of the property taken does not exceed 250
pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its
Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with minimum period.
intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute
or deliver any public instrument or documents, shall be held guilty of robbery and punished by If the robbery be committed in one of the dependencies of an inhabited house, public building, or
the penalties respectively prescribed in this Chapter. building dedicated to religious worship, the penalties next lower in degree than those prescribed
in this article shall be imposed.
Section Two. - Robbery by the use of force upon things
Article 300. Robbery in an uninhabited place and by a band. - The robbery mentioned in the next In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property
preceding article, if committed in an uninhabited place and by a band, shall be punished by the taken is mail matter or large cattle, the offender shall suffer the penalties next higher in degree
maximum period of the penalty provided therefor. than those provided in said articles.

Article 301. What is an inhabited house, public building or building dedicated to religious worship Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In
and their dependencies. - Inhabited house means any shelter, ship or vessel constituting the the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals,
dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed
therefrom when the robbery is committed. in said articles.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause
departments or inclosed places contiguous to the building or edifice, having an interior entrance have in his possession picklocks or similar tools especially adopted to the commission of the
connected therewith, and which form part of the whole, shall be deemed dependencies of an crime of robbery, shall be punished by arresto mayor in its maximum period to prision
inhabited house, public building or building dedicated to religious worship. correccional in its minimum period.

Orchards and other lands used for cultivation or production are not included in the terms of the The same penalty shall be imposed upon any person who shall make such tools. If the offender be
next preceding paragraph, even if closed, contiguous to the building and having direct connection a locksmith, he shall suffer the penalty of prision correccional in its medium and maximum
therewith. periods.

The term "public building" includes every building owned by the Government or belonging to a Article 305. False keys. - The term "false keys" shall be deemed to include:
private person not included used or rented by the Government, although temporarily unoccupied
by the same. 1. The tools mentioned in the next preceding articles.

Article 302. Robbery is an uninhabited place or in a private building. - Any robbery committed in 2. Genuine keys stolen from the owner.
an uninhabited place or in a building other than those mentioned in the first paragraph of Article
299, if the value of the property taken exceeds 250 pesos, shall be punished by prision 3. Any keys other than those intended by the owner for use in the lock forcibly opened by
correccional if any of the following circumstances is present: the offender.

1. If the entrance has been effected through any opening not intended for entrance or Chapter Two
egress. BRIGANDAGE

2. If any wall, roof, flour or outside door or window has been broken. Article 306. Who are brigands; Penalty. - When more than three armed persons form a band of
robbers for the purpose of committing robbery in the highway, or kidnapping persons for the
3. If the entrance has been effected through the use of false keys, picklocks or other purpose of extortion or to obtain ransom or for any other purpose to be attained by means of
similar tools. force and violence, they shall be deemed highway robbers or brigands.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been Persons found guilty of this offense shall be punished by prision mayor in its medium period to
broken. reclusion temporal in its minimum period if the act or acts committed by them are not
punishable by higher penalties, in which case, they shall suffer such high penalties.
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been
removed even if the same to broken open elsewhere. If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed
that said persons are highway robbers or brigands, and in case of convictions the penalty shall be
When the value of the property takes does not exceed 250 pesos, the penalty next lower in imposed in the maximum period.
degree shall be imposed.
Article 307. Aiding and abetting a band of brigands. - Any person knowingly and in any manner 3. The penalty of prision correccional in its minimum and medium periods, if the value of
aiding, abetting or protecting a band of brigands as described in the next preceding article, or the property stolen is more than 200 pesos but does not exceed 6,000 pesos.
giving them information of the movements of the police or other peace officers of the
Government (or of the forces of the United States Army), when the latter are acting in aid of the 4. Arresto mayor in its medium period to prision correccional in its minimum period, if
Government, or acquiring or receiving the property taken by such brigands shall be punished by the value of the property stolen is over 50 pesos but does not exceed 200 pesos.
prision correccional in its medium period to prision mayor in its minimum period.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50
It shall be presumed that the person performing any of the acts provided in this article has pesos.
performed them knowingly, unless the contrary is proven.
6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5
Chapter Three pesos.
THEFT
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the
Article 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain circumstances enumerated in paragraph 3 of the next preceding article and the value of
but without violence against or intimidation of persons nor force upon things, shall take personal the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the
property of another without the latter's consent. provision of any of the five preceding subdivisions shall be made applicable.

Theft is likewise committed by: 8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value
of the thing stolen is not over 5 pesos, and the offender shall have acted under the
1. Any person who, having found lost property, shall fail to deliver the same to the local impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of
authorities or to its owner; himself or his family.

2. Any person who, after having maliciously damaged the property of another, shall Article 310. Qualified theft. - The crime of theft shall be punished by the penalties next higher by
remove or make use of the fruits or object of the damage caused by him; and two degrees than those respectively specified in the next preceding article, if committed by a
domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle,
3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or mail matter or large cattle or consists of coconuts taken from the premises of the plantation or
which belongs to another and without the consent of its owner, shall hunt or fish upon fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake,
the same or shall gather cereals, or other forest or farm products. typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As
amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).
Article 309. Penalties. - Any person guilty of theft shall be punished by:
Article 311. Theft of the property of the National Library and National Museum. - If the property
1. The penalty of prision mayor in its minimum and medium periods, if the value of the stolen be any property of the National Library or the National Museum, the penalty shall
thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should
of the thing stolen exceeds the latter amount the penalty shall be the maximum period of be provided under other provisions of this Code, in which case, the offender shall be punished by
the one prescribed in this paragraph, and one year for each additional ten thousand such higher penalty.
pesos, but the total of the penalty which may be imposed shall not exceed twenty years.
In such cases, and in connection with the accessory penalties which may be imposed and Chapter Four
for the purpose of the other provisions of this Code, the penalty shall be termed prision USURPATION
mayor or reclusion temporal, as the case may be.
Article 312. Occupation of real property or usurpation of real rights in property. - Any person
2. The penalty of prision correccional in its medium and maximum periods, if the value who, by means of violence against or intimidation of persons, shall take possession of any real
of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos. property or shall usurp any real rights in property belonging to another, in addition to the
penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50 to
100 per centum of the gain which he shall have obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed. (b) By misappropriating or converting, to the prejudice of another, money,
goods, or any other personal property received by the offender in trust or on
Article 313. Altering boundaries or landmarks. - Any person who shall alter the boundary marks commission, or for administration, or under any other obligation involving the
or monuments of towns, provinces, or estates, or any other marks intended to designate the duty to make delivery of or to return the same, even though such obligation be
boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100 pesos, or totally or partially guaranteed by a bond; or by denying having received such
both. money, goods, or other property.

Chapter Five (c) By taking undue advantage of the signature of the offended party in blank,
CULPABLE INSOLVENCY and by writing any document above such signature in blank, to the prejudice of
the offended party or of any third person.
Article 314. Fraudulent insolvency. - Any person who shall abscond with his property to the
prejudice of his creditors, shall suffer the penalty of prision mayor, if he be a merchant and the 2. By means of any of the following false pretenses or fraudulent acts executed prior to
penalty of prision correccional in its maximum period to prision mayor in its medium period, if or simultaneously with the commission of the fraud:
he be not a merchant.
(a) By using fictitious name, or falsely pretending to possess power, influence,
Chapter Six qualifications, property, credit, agency, business or imaginary transactions, or by
SWINDLING AND OTHER DECEITS means of other similar deceits.

Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means (b) By altering the quality, fineness or weight of anything pertaining to his art or
mentioned hereinbelow shall be punished by: business.

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum (c) By pretending to have bribed any Government employee, without prejudice
period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if to the action for calumny which the offended party may deem proper to bring
such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in against the offender. In this case, the offender shall be punished by the
its maximum period, adding one year for each additional 10,000 pesos; but the total penalty maximum period of the penalty.
which may be imposed shall not exceed twenty years. In such cases, and in connection with the
accessory penalties which may be imposed under the provisions of this Code, the penalty shall be (d) By post-dating a check, or issuing a check in payment of an obligation when
termed prision mayor or reclusion temporal, as the case may be. the offender therein were not sufficient to cover the amount of the check. The
failure of the drawer of the check to deposit the amount necessary to cover his
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of check within three (3) days from receipt of notice from the bank and/or the
the fraud is over 6,000 pesos but does not exceed 12,000 pesos; payee or holder that said check has been dishonored for lack of insufficiency of
funds shall be prima facie evidence of deceit constituting false pretense or
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)
period if such amount is over 200 pesos but does not exceed 6,000 pesos; and
(e) By obtaining any food, refreshment or accommodation at a hotel, inn,
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, restaurant, boarding house, lodging house, or apartment house and the like
provided that in the four cases mentioned, the fraud be committed by any of the following means: without paying therefor, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false pretense, or by abandoning or
1. With unfaithfulness or abuse of confidence, namely: surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food,
(a) By altering the substance, quantity, or quality or anything of value which the refreshment or accommodation therein without paying for his food,
offender shall deliver by virtue of an obligation to do so, even though such refreshment or accommodation.
obligation be based on an immoral or illegal consideration.
 3. Through any of the following fraudulent means: Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount
of the damage caused and not more than twice such amount shall be imposed upon any person
(a) By inducing another, by means of deceit, to sign any document. who shall defraud or damage another by any other deceit not mentioned in the preceding articles
of this chapter.
(b) By resorting to some fraudulent practice to insure success in a gambling
game. Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other similar manner, shall suffer the penalty
(c) By removing, concealing or destroying, in whole or in part, any court record, of arresto mayor or a fine not exceeding 200 pesos.
office files, document or any other papers.
Chapter Seven
Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium CHATTEL MORTGAGE
period and a fine of not less than the value of the damage caused and not more than three times
such value, shall be imposed upon: Article 319. Removal, sale or pledge of mortgaged property. - The penalty or arresto mayor or a
fine amounting to twice the value of the property shall be imposed upon:
1. Any person who, pretending to be owner of any real property, shall convey, sell,
encumber or mortgage the same. 1. Any person who shall knowingly remove any personal property mortgaged under the
Chattel Mortgage Law to any province or city other than the one in which it was located
2. Any person, who, knowing that real property is encumbered, shall dispose of the same, at the time of the execution of the mortgage, without the written consent of the
although such encumbrance be not recorded. mortgagee, or his executors, administrators or assigns.

3. The owner of any personal property who shall wrongfully take it from its lawful 2. Any mortgagor who shall sell or pledge personal property already pledged, or any part
possessor, to the prejudice of the latter or any third person. thereof, under the terms of the Chattel Mortgage Law, without the consent of the
mortgagee written on the back of the mortgage and noted on the record hereof in the
office of the Register of Deeds of the province where such property is located.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
Chapter Eight
5. Any person who shall accept any compensation given him under the belief that it was ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
in payment of services rendered or labor performed by him, when in fact he did not
actually perform such services or labor.
Article 320. Destructive arson. - The penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed upon any person who shall burn:
6. Any person who, while being a surety in a bond given in a criminal or civil action,
without express authority from the court or before the cancellation of his bond or before
being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other 1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance,
manner, encumber the real property or properties with which he guaranteed the storehouse, archives or general museum of the Government.
fulfillment of such obligation.
2. Any passenger train or motor vehicle in motion or vessel out of port.
Article 317. Swindling a minor. - Any person who taking advantage of the inexperience or
emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to 3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
give any release or execute a transfer of any property right in consideration of some loan of
money, credit or other personal property, whether the loan clearly appears in the document or is Article 321. Other forms of arson. - When the arson consists in the burning of other property and
shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging under the circumstances given hereunder, the offender shall be punishable:
from 10 to 50 per cent of the value of the obligation contracted by the minor.
1. By reclusion temporal or reclusion perpetua:
 (a) if the offender shall set fire to any building, farmhouse, warehouse, hut, (b) If a building not used as a dwelling or place of assembly, located in a
shelter, or vessel in port, knowing it to be occupied at the time by one or more populated place, is set on fire, and the damage caused exceeds 6,000 pesos;
persons;
4. By prision correccional in its maximum period to prision mayor in its medium period:
(b) If the building burned is a public building and value of the damage caused
exceeds 6,000 pesos; (a) If a building used as dwelling located in an uninhabited place is set on fire
and the damage caused exceeds 1,000 pesos;
(c) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in instituting prosecution for the punishment (b) If the value or the damage caused in the case mentioned in paragraphs (c)
of violators of the law, irrespective of the amount of the damage; and (d) of subdivision 2 of this article does not exceed 200 pesos.

(d) If the building burned is a public building and the purpose is to destroy 5. By prision correccional in its medium period to prision mayor in its minimum period,
evidence kept therein to be used in legislative, judicial or administrative when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and the
proceedings, irrespective of the amount of the damage; Provided, however, That property referred to in paragraph (a) of the preceding subdivision is set on fire; but
if the evidence destroyed is to be used against the defendant for the prosecution when the value of such property does not exceed 200 pesos, the penalty next lower in
of any crime punishable under existing laws, the penalty shall be reclusion degree than that prescribed in this subdivision shall be imposed.
perpetua;
6. The penalty of prision correccional in its medium and maximum periods, if the
(e) If the arson shall have been committed with the intention of collecting under damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article
an insurance policy against loss or damage by fire. does not exceed 6,000 pesos but is over 200 pesos.

2. By reclusion temporal: 7. The penalty of prision correccional in its minimum and medium periods, if the damage
caused in the case mentioned paragraph (b) subdivision 3 of this article does not exceed
(a) If an inhabited house or any other building in which people are accustomed 200 pesos.
to meet is set on fire, and the culprit did not know that such house or building
was occupied at the time, or if he shall set fire to a moving freight train or motor 8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum
vehicle, and the value of the damage caused exceeds 6,000 pesos; if the damage caused shall be imposed, when the property burned consists of grain
fields, pasture lands, forests, or plantations when the value of such property does not
(b) If the value of the damage caused in paragraph (b) of the preceding exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).
subdivision does not exceed 6,000 pesos;
Article 322. Cases of arson not included in the preceding articles. - Cases of arson not included in
(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar the next preceding articles shall be punished:
plantation is set on fire and the damage caused exceeds 6,000 pesos; and
1. By arresto mayor in its medium and maximum periods, when the damage caused does
(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the not exceed 50 pesos;
damage caused exceeds 6,000 pesos.
2. By arresto mayor in its maximum period to prision correccional in its minimum
3. By prision mayor: period, when the damage caused is over 50 pesos but does not exceed 200 pesos;

(a) If the value of the damage caused in the case mentioned in paragraphs (a), 3. By prision correccional in its minimum and medium periods, if the damage caused is
over 200 pesos but does not exceed 1,000 pesos; and
(c), and (d) in the next preceding subdivision does not exceed 6,000 pesos;
4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.
Article 323. Arson of property of small value. - The arson of any uninhabited hut, storehouse, (a) That the total insurance carried on the building and/or goods is more than
barn, shed, or any other property the value of which does not exceed 25 pesos, committed at a 80 per cent of the value of such building and/or goods at the time of the fire;
time or under circumstances which clearly exclude all danger of the fire spreading, shall not be
punished by the penalties respectively prescribed in this chapter, but in accordance with the (b) That the defendant after the fire has presented a fraudulent claim for loss.
damage caused and under the provisions of the following chapter.
The penalty of prision correccional shall be imposed on one who plants the articles above-
Article 324. Crimes involving destruction. - Any person who shall cause destruction by means of mentioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended
explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional by R.A. 5467, approved May 12, 1969).
damaging of the engine of said vessel, taking up the rails from a railway track, maliciously
changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph Chapter Nine
posts, or those of any other system, and, in general, by using any other agency or means of MALICIOUS MISCHIEF
destruction as effective as those above enumerated, shall be punished by reclusion temporal if
the commission has endangered the safety of any person, otherwise, the penalty of prision mayor
shall be imposed. Article 327. Who are liable for malicious mischief. - Any person who shall deliberately cause the
property of another any damage not falling within the terms of the next preceding chapter shall
be guilty of malicious mischief.
Article 325. Burning one's own property as means to commit arson. - Any person guilty of arson
or causing great destruction of the property belonging to another shall suffer the penalties
prescribed in this chapter, even though he shall have set fire to or destroyed his own property for Article 328. Special cases of malicious mischief. - Any person who shall cause damage to obstruct
the purposes of committing the crime. the performance of public functions, or using any poisonous or corrosive substance; or spreading
any infection or contagion among cattle; or who cause damage to the property of the National
Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any
Article 326. Setting fire to property exclusively owned by the offender. - If the property burned other thing used in common by the public, shall be punished:
shall be the exclusive property of the offender, he shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period, if the arson shall have been
committed for the purpose of defrauding or causing damage to another, or prejudice shall 1. By prision correccional in its minimum and medium periods, if the value of the
actually have been caused, or if the thing burned shall have been a building in an inhabited place. damage caused exceeds 1,000 pesos;

Article 326-A. In cases where death resulted as a consequence of arson. - If death resulted as a 2. By arresto mayor, if such value does not exceed the abovementioned amount but it is
consequence of arson committed on any of the properties and under any of the circumstances over 200 pesos; and
mentioned in the preceding articles, the court shall impose the death penalty.
3. By arresto menor, in such value does not exceed 200 pesos.
Article 326-B. Prima facie evidence of arson. - Any of the following circumstances shall constitute
prima facie evidence of arson: Article 329. Other mischiefs. - The mischiefs not included in the next preceding article shall be
punished:
1. If after the fire, are found materials or substances soaked in gasoline, kerosene,
petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any 1. By arresto mayor in its medium and maximum periods, if the value of the damage
of the foregoing. caused exceeds 1,000 pesos;

2. That substantial amount of inflammable substance or materials were stored within 2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos
the building not necessary in the course of the defendant's business; and but does not exceed 1,000 pesos; and

3. That the fire started simultaneously in more than one part of the building or locale 3. By arresto menor or fine of not less than the value of the damage caused and not more
under circumstances that cannot normally be due to accidental or unintentional causes: than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be
Provided, however, That at least one of the following is present in any of the three above- estimated.
mentioned circumstances:
Article 330. Damage and obstruction to means of communication. - The penalty of prision Article 333. Who are guilty of adultery. - Adultery is committed by any married woman who shall
correccional in its medium and maximum periods shall be imposed upon any person who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge
damage any railway, telegraph or telephone lines. of her knowing her to be married, even if the marriage be subsequently declared void.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of Adultery shall be punished by prision correccional in its medium and maximum periods.
prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the
other consequences of his criminal act. If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that provided in the
For the purpose of the provisions of the article, the electric wires, traction cables, signal system next preceding paragraph shall be imposed.
and other things pertaining to railways, shall be deemed to constitute an integral part of a railway
system. Article 334. Concubinage. - Any husband who shall keep a mistress in the conjugal dwelling, or
shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife,
Article 331. Destroying or damaging statues, public monuments or paintings. - Any person who or shall cohabit with her in any other place, shall be punished by prision correccional in its
shall destroy or damage statues or any other useful or ornamental public monument shall suffer minimum and medium periods.
the penalty of arresto mayor in its medium period to prision correccional in its minimum period.
The concubine shall suffer the penalty of destierro.
Any person who shall destroy or damage any useful or ornamental painting of a public nature
shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and Chapter Two
imprisonment, in the discretion of the court. RAPE AND ACTS OF LASCIVIOUSNESS

Chapter Ten Article 335. When and how rape is committed. - Rape is committed by having carnal knowledge
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY of a woman under any of the following circumstances:

Article 332. Persons exempt from criminal liability. - No criminal, but only civil liability, shall 1. By using force or intimidation;
result from the commission of the crime of theft, swindling or malicious mischief committed or
caused mutually by the following persons: 2. When the woman is deprived of reason or otherwise unconscious; and

1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.
2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and The crime of rape shall be punished by reclusion perpetua.

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
The exemption established by this article shall not be applicable to strangers participating in the
commission of the crime. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be
death.
Title Eleven
When rape is attempted or frustrated and a homicide is committed by reason or on the occasion
CRIMES AGAINST CHASTITY thereof, the penalty shall be likewise death.

Chapter One
ADULTERY AND CONCUBINAGE
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be Article 342. Forcible abduction. - The abduction of any woman against her will and with lewd
death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, designs shall be punished by reclusion temporal.
1964).
The same penalty shall be imposed in every case, if the female abducted be under twelve years of
Article 336. Acts of lasciviousness. - Any person who shall commit any act of lasciviousness upon age.
other persons of either sex, under any of the circumstances mentioned in the preceding article,
shall be punished by prision correccional. Article 343. Consented abduction. - The abduction of a virgin over twelve years and under
eighteen years of age, carried out with her consent and with lewd designs, shall be punished by
Chapter Three the penalty of prision correccional in its minimum and medium periods.
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE
Chapter Five
Article 337. Qualified seduction. - The seduction of a virgin over twelve years and under eighteen PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN
years of age, committed by any person in public authority, priest, home-servant, domestic,
guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and
custody of the woman seduced, shall be punished by prision correccional in its minimum and acts of lasciviousness. - The crimes of adultery and concubinage shall not be prosecuted except
medium periods. upon a complaint filed by the offended spouse.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister The offended party cannot institute criminal prosecution without including both the guilty
or descendant, whether or not she be a virgin or over eighteen years of age. parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the
offenders.
Under the provisions of this Chapter, seduction is committed when the offender has carnal
knowledge of any of the persons and under the circumstances described herein. The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted
except upon a complaint filed by the offended party or her parents, grandparents, or guardian,
Article 338. Simple seduction. - The seduction of a woman who is single or a widow of good nor, in any case, if the offender has been expressly pardoned by the above named persons, as the
reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be case may be.
punished by arresto mayor.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender
Article 339. Acts of lasciviousness with the consent of the offended party. - The penalty of arresto with the offended party shall extinguish the criminal action or remit the penalty already imposed
mayor shall be imposed to punish any other acts of lasciviousness committed by the same upon him. The provisions of this paragraph shall also be applicable to the co-principals,
persons and the same circumstances as those provided in Articles 337 and 338. accomplices and accessories after the fact of the above-mentioned crimes.

Article 340. Corruption of minors. - Any person who shall promote or facilitate the prostitution Article 345. Civil liability of persons guilty of crimes against chastity. - Person guilty of rape,
or corruption of persons underage to satisfy the lust of another, shall be punished by prision seduction or abduction, shall also be sentenced:
mayor, and if the culprit is a pubic officer or employee, including those in government-owned or
controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. 1. To indemnify the offended woman.
(As amended by Batas Pambansa Blg. 92).
2. To acknowledge the offspring, unless the law should prevent him from so doing.
Article 341. White slave trade. - The penalty of prision mayor in its medium and maximum
period shall be imposed upon any person who, in any manner, or under any pretext, shall engage 3. In every case to support the offspring.
in the business or shall profit by prostitution or shall enlist the services of any other for the
purpose of prostitution (As amended by Batas Pambansa Blg. 186.)
The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages
Chapter Four caused to the offended spouse.
ABDUCTION
Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the or before the absent spouse has been declared presumptively dead by means of a judgment
custody of the offended party. - The ascendants, guardians, curators, teachers and any person who, rendered in the proper proceedings.
by abuse of authority or confidential relationships, shall cooperate as accomplices in the
perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be Article 350. Marriage contracted against provisions of laws. - The penalty of prision correccional
punished as principals. in its medium and maximum periods shall be imposed upon any person who, without being
included in the provisions of the next proceeding article, shall have not been complied with or
Teachers or other persons in any other capacity entrusted with the education and guidance of that the marriage is in disregard of a legal impediment.
youth, shall also suffer the penalty of temporary special disqualification in its maximum period to
perpetual special disqualification. If either of the contracting parties shall obtain the consent of the other by means of violence,
intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the
Any person falling within the terms of this article, and any other person guilty of corruption of next preceding paragraph.
minors for the benefit of another, shall be punished by special disqualification from filling the
office of guardian. Article 351. Premature marriages. - Any widow who shall marry within three hundred and one
day from the date of the death of her husband, or before having delivered if she shall have been
Title Twelve pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding
500 pesos.
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
The same penalties shall be imposed upon any woman whose marriage shall have been annulled
Chapter one or dissolved, if she shall marry before her delivery or before the expiration of the period of three
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS hundred and one day after the legal separation.

Article 347. Simulation of births, substitution of one child for another and concealment or Article 352. Performance of illegal marriage ceremony. - Priests or ministers of any religious
abandonment of a legitimate child. - The simulation of births and the substitution of one child for denomination or sect, or civil authorities who shall perform or authorize any illegal marriage
another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos. ceremony shall be punished in accordance with the provisions of the Marriage Law.

The same penalties shall be imposed upon any person who shall conceal or abandon any Title Thirteen
legitimate child with intent to cause such child to lose its civil status.
CRIMES AGAINST HONOR
Any physician or surgeon or public officer who, in violation of the duties of his profession or
office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding Chapter One
paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary LIBEL
special disqualification.
Section One. - Definitions, forms, and punishment of this crime.
Article 348. Usurpation of civil status. - The penalty of prision mayor shall be imposed upon any
person who shall usurp the civil status of another, should he do so for the purpose of defrauding Article 353. Definition of libel. - A libel is public and malicious imputation of a crime, or of a vice
the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to
maximum periods shall be imposed. cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
Chapter Two
ILLEGAL MARRIAGES Article 354. Requirement for publicity. - Every defamatory imputation is presumed to be
malicious, even if it be true, if no good intention and justifiable motive for making it is shown,
Article 349. Bigamy. - The penalty of prision mayor shall be imposed upon any person who shall except in the following cases:
contract a second or subsequent marriage before the former marriage has been legally dissolved,
 1. A private communication made by any person to another in the performance of any The author or editor of a book or pamphlet, or the editor or business manager of a daily
legal, moral or social duty; and newspaper, magazine or serial publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
2. A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative or other official proceedings which are not of confidential nature, or The criminal and civil action for damages in cases of written defamations as provided for in this
of any statement, report or speech delivered in said proceedings, or of any other act chapter, shall be filed simultaneously or separately with the court of first instance of the province
performed by public officers in the exercise of their functions. or city where the libelous article is printed and first published or where any of the offended
parties actually resides at the time of the commission of the offense: Provided, however, That
Article 355. Libel means by writings or similar means. - A libel committed by means of writing, where one of the offended parties is a public officer whose office is in the City of Manila at the
printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, time of the commission of the offense, the action shall be filed in the Court of First Instance of the
cinematographic exhibition, or any similar means, shall be punished by prision correccional in its City of Manila, or of the city or province where the libelous article is printed and first published,
minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to and in case such public officer does not hold office in the City of Manila, the action shall be filed in
the civil action which may be brought by the offended party. the Court of First Instance of the province or city where he held office at the time of the
commission of the offense or where the libelous article is printed and first published and in case
Article 356. Threatening to publish and offer to present such publication for a compensation. - The one of the offended parties is a private individual, the action shall be filed in the Court of First
penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any Instance of the province or city where he actually resides at the time of the commission of the
person who threatens another to publish a libel concerning him or the parents, spouse, child, or offense or where the libelous matter is printed and first published: Provided, further, That the
other members of the family of the latter or upon anyone who shall offer to prevent the civil action shall be filed in the same court where the criminal action is filed and vice versa:
publication of such libel for a compensation or money consideration. Provided, furthermore, That the court where the criminal action or civil action for damages is
first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That
this amendment shall not apply to cases of written defamations, the civil and/or criminal actions
Article 357. Prohibited publication of acts referred to in the course of official proceedings. - The which have been filed in court at the time of the effectivity of this law.
penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any
reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected
with the private life of another and offensive to the honor, virtue and reputation of said person, Preliminary investigation of criminal action for written defamations as provided for in the
even though said publication be made in connection with or under the pretext that it is necessary chapter shall be conducted by the provincial or city fiscal of the province or city, or by the
in the narration of any judicial or administrative proceedings wherein such facts have been municipal court of the city or capital of the province where such action may be instituted in
mentioned. accordance with the provisions of this article.

Article 358. Slander. - Oral defamation shall be punished by arresto mayor in its maximum No criminal action for defamation which consists in the imputation of a crime which cannot be
period to prision correccional in its minimum period if it is of a serious and insulting nature; prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed
otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. by the offended party. (As amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved
June 19, 1965).
Article 359. Slander by deed. - The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed Article 361. Proof of the truth. - In every criminal prosecution for libel, the truth may be given in
upon any person who shall perform any act not included and punished in this title, which shall evidence to the court and if it appears that the matter charged as libelous is true, and, moreover,
cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, that it was published with good motives and for justifiable ends, the defendants shall be
the penalty shall be arresto menor or a fine not exceeding 200 pesos. acquitted.

Section Two. - General provisions Proof of the truth of an imputation of an act or omission not constituting a crime shall not be
admitted, unless the imputation shall have been made against Government employees with
respect to facts related to the discharge of their official duties.
Article 360. Persons responsible. - Any person who shall publish, exhibit, or cause the publication
or exhibition of any defamation in writing or by similar means, shall be responsible for the same.
In such cases if the defendant proves the truth of the imputation made by him, he shall be
acquitted.
Article 362. Libelous remarks. - Libelous remarks or comments connected with the matter In the imposition of these penalties, the court shall exercise their sound discretion, without
privileged under the provisions of Article 354, if made with malice, shall not exempt the author regard to the rules prescribed in Article sixty-four.
thereof nor the editor or managing editor of a newspaper from criminal liability.
The provisions contained in this article shall not be applicable:
Chapter Two
INCRIMINATORY MACHINATIONS 1. When the penalty provided for the offense is equal to or lower than those provided in
the first two paragraphs of this article, in which case the court shall impose the penalty
Article 363. Incriminating innocent person. - Any person who, by any act not constituting perjury, next lower in degree than that which should be imposed in the period which they may
shall directly incriminate or impute to an innocent person the commission of a crime, shall be deem proper to apply.
punished by arresto menor.
2. When, by imprudence or negligence and with violation of the Automobile Law, to
Article 364. Intriguing against honor. - The penalty of arresto menor or fine not exceeding 200 death of a person shall be caused, in which case the defendant shall be punished by
pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor prision correccional in its medium and maximum periods.
or reputation of a person.
Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from
Title Fourteen which material damage results by reason of inexcusable lack of precaution on the part of the
person performing of failing to perform such act, taking into consideration his employment or
QUASI-OFFENSES occupation, degree of intelligence, physical condition and other circumstances regarding persons,
time and place.
Sole Chapter
CRIMINAL NEGLIGENCE Simple imprudence consists in the lack of precaution displayed in those cases in which the
damage impending to be caused is not immediate nor the danger clearly manifest.
Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit
any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty The penalty next higher in degree to those provided for in this article shall be imposed upon the
of arresto mayor in its maximum period to prision correccional in its medium period; if it would offender who fails to lend on the spot to the injured parties such help as may be in this hand to
have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium give. (As amended by R.A. 1790, approved June 21, 1957).
periods shall be imposed; if it would have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed. Title Fifteen
FINAL PROVISIONS
Any person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and Article 366. Application of laws enacted prior to this Code. - Without prejudice to the provisions
maximum periods; if it would have constituted a less serious felony, the penalty of arresto contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of
mayor in its minimum period shall be imposed. effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the
time of their commission.
When the execution of the act covered by this article shall have only resulted in damage to the
property of another, the offender shall be punished by a fine ranging from an amount equal to the Article 367. Repealing Clause. - Except as is provided in the next preceding article, the present
value of said damages to three times such value, but which shall in no case be less than twenty- Penal Code, the Provisional Law for the application of its provisions, and Acts Nos. 277, 282 ,480,
five pesos. 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212,
2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313,
A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by 3397, 3559, and 3586, are hereby repealed.
simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have
constituted a light felony. The provisions of the Acts which are mentioned hereunder are also repealed, namely:
 Act 666, Sections 6 and 18.

Act 1508, Sections 9, 10, 11, and 12.

Act 1524, Sections 1, 2, and 6.

Act 1697, Sections 3 and 4.

Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.

Act 2381, Sections 2, 3, 4, 6, 8, and 9.

Act 2711, Sections 102, 2670, 2671, and 2672.

Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.

And all laws and parts of laws which are contrary to the provisions of this Code are hereby
repealed.

Approved: December 8, 1930