RPC Only

T H E R E V I S E D P E N A L C O D E |1
ACT No. 3815 (December 8, 1930)

Title One
AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL
LIABILITY
Preliminary Article - This law shall be known as "The Revised
Penal Code." Chapter One
FELONIES
BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF Article 3. Definitions. - Acts and omissions punishable by law are
ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF felonies (delitos).
THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS
LIABLE AND THE PENALTIES Felonies are committed not only be means of deceit (dolo) but also
by means of fault (culpa).
Preliminary Title
There is deceit when the act is performed with deliberate intent
DATE OF EFFECTIVENESS AND APPLICATION OF THE and there is fault when the wrongful act results from imprudence,
PROVISIONS OF THIS CODE negligence, lack of foresight, or lack of skill.
Article 1. Time when Act takes effect. - This Code shall take effect Article 4. Criminal liability. - Criminal liability shall be incurred:
on the first day of January, nineteen hundred and thirty-two.
1. By any person committing a felony (delito) although the
Article 2. Application of its provisions. - Except as provided in the wrongful act done be different from that which he intended.
treaties and laws of preferential application, the provisions of this
Code shall be enforced not only within the Philippine Archipelago, 2. By any person performing an act which would be an offense
including its atmosphere, its interior waters and maritime zone, against persons or property, were it not for the inherent
but also outside of its jurisdiction, against those who: impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.
1. Should commit an offense while on a Philippine ship or airship
Article 5. Duty of the court in connection with acts which should
2. Should forge or counterfeit any coin or currency note of the be repressed but which are not covered by the law, and in cases of
Philippine Islands or obligations and securities issued by the excessive penalties. - Whenever a court has knowledge of any act
Government of the Philippine Islands; which it may deem proper to repress and which is not punishable
by law, it shall render the proper decision, and shall report to the
3. Should be liable for acts connected with the introduction into Chief Executive, through the Department of Justice, the reasons
these islands of the obligations and securities mentioned in the which induce the court to believe that said act should be made
presiding number; the subject of legislation.
4. While being public officers or employees, should commit an In the same way, the court shall submit to the Chief Executive,
offense in the exercise of their functions; or through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the sentence,
5. Should commit any of the crimes against national security and when a strict enforcement of the provisions of this Code would
the law of nations, defined in Title One of Book Two of this Code. result in the imposition of a clearly excessive penalty, taking into
AJMA files
consideration the degree of malice and the injury caused by the

offense. Light felonies are those infractions of law for the commission of
which a penalty of arrest menor or a fine not exceeding 200 pesos
Article 6. Consummated, frustrated, and attempted felonies. - or both; is provided.
Consummated felonies as well as those which are frustrated and
attempted, are punishable. Article 10. Offenses not subject to the provisions of this Code. -
Offenses which are or in the future may be punishable under
A felony is consummated when all the elements necessary for its special laws are not subject to the provisions of this Code. This
execution and accomplishment are present; and it is frustrated Code shall be supplementary to such laws, unless the latter
when the offender performs all the acts of execution which would should specially provide the contrary.
produce the felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the will of the Chapter Two
perpetrator. JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL LIABILITY
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does not perform Article 11. Justifying circumstances. - The following do not incur
all the acts of execution which should produce the felony by any criminal liability:
reason of some cause or accident other than this own
spontaneous desistance. 1. Anyone who acts in defense of his person or rights, provided
that the following circumstances concur;
Article 7. When light felonies are punishable. - Light felonies are
punishable only when they have been consummated, with the First. Unlawful aggression.
exception of those committed against person or property.
Second. Reasonable necessity of the means employed to prevent
Article 8. Conspiracy and proposal to commit felony. - Conspiracy or repel it.
and proposal to commit felony are punishable only in the cases in
which the law specially provides a penalty therefor. Third. Lack of sufficient provocation on the part of the person
defending himself.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to 2. Any one who acts in defense of the person or rights of his
commit it. spouse, ascendants, descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives by affinity in the same
There is proposal when the person who has decided to commit a degrees and those consanguinity within the fourth civil degree,
felony proposes its execution to some other person or persons. provided that the first and second requisites prescribed in the
next preceding circumstance are present, and the further
Article 9. Grave felonies, less grave felonies and light felonies. - requisite, in case the revocation was given by the person attacked,
Grave felonies are those to which the law attaches the capital that the one making defense had no part therein.
punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code. 3. Anyone who acts in defense of the person or rights of a
stranger, provided that the first and second requisites mentioned
Less grave felonies are those which the law punishes with in the first circumstance of this Article are present and that the
penalties which in their maximum period are correctional, in person defending be not induced by revenge, resentment, or other
accordance with the above-mentioned Art.. evil motive.
AJMA files
education otherwise, he shall be committed to the care of some

4. Any person who, in order to avoid an evil or injury, does not act institution or person mentioned in said Art. 80.
which causes damage to another, provided that the following
requisites are present; 4. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
First. That the evil sought to be avoided actually exists; causing it.
Second. That the injury feared be greater than that done to avoid 5. Any person who act under the compulsion of irresistible force.
it;
6. Any person who acts under the impulse of an uncontrollable
Third. That there be no other practical and less harmful means of fear of an equal or greater injury.
preventing it.
7. Any person who fails to perform an act required by law, when
5. Any person who acts in the fulfillment of a duty or in the lawful prevented by some lawful insuperable cause.
exercise of a right or office.
Chapter Three
6. Any person who acts in obedience to an order issued by a CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
superior for some lawful purpose.
Article 13. Mitigating circumstances. - The following are mitigating
Article 12. Circumstances which exempt from criminal liability. - circumstances;
the following are exempt from criminal liability:
1. Those mentioned in the preceding chapter, when all the
1. An imbecile or an insane person, unless the latter has acted requisites necessary to justify or to exempt from criminal liability
during a lucid interval. in the respective cases are not attendant.
When the imbecile or an insane person has committed an act 2. That the offender is under eighteen year of age or over seventy
which the law defines as a felony (delito), the court shall order his years. In the case of the minor, he shall be proceeded against in
confinement in one of the hospitals or asylums established for accordance with the provisions of Art. 80.
persons thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court. 3. That the offender had no intention to commit so grave a wrong
as that committed.
2. A person under nine years of age.
4. That sufficient provocation or threat on the part of the offended
3. A person over nine years of age and under fifteen, unless he party immediately preceded the act.
has acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of 5. That the act was committed in the immediate vindication of a
this Code. grave offense to the one committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the same degrees.
When such minor is adjudged to be criminally irresponsible, the
court, in conformably with the provisions of this and the 6. That of having acted upon an impulse so powerful as naturally
preceding paragraph, shall commit him to the care and custody of to have produced passion or obfuscation.
his family who shall be charged with his surveillance and
AJMA files
7. That the offender had voluntarily surrendered himself to a 6. That the crime be committed in the night time, or in an
person in authority or his agents, or that he had voluntarily uninhabited place, or by a band, whenever such circumstances
confessed his guilt before the court prior to the presentation of the may facilitate the commission of the offense.
evidence for the prosecution;
Whenever more than three armed malefactors shall have acted
8. That the offender is deaf and dumb, blind or otherwise suffering together in the commission of an offense, it shall be deemed to
some physical defect which thus restricts his means of action, have been committed by a band.
defense, or communications with his fellow beings.
7. That the crime be committed on the occasion of a conflagration,
9. Such illness of the offender as would diminish the exercise of shipwreck, earthquake, epidemic or other calamity or misfortune.
the will-power of the offender without however depriving him of
the consciousness of his acts. 8. That the crime be committed with the aid of armed men or
persons who insure or afford impunity.
10. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned. 9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of this Code.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY 10. That the offender has been previously punished by an offense
to which the law attaches an equal or greater penalty or for two or
Article 14. Aggravating circumstances. - The following are more crimes to which it attaches a lighter penalty.
aggravating circumstances:
11. That the crime be committed in consideration of a price,
1. That advantage be taken by the offender of his public position. reward, or promise.
2. That the crime be committed in contempt or with insult to the 12. That the crime be committed by means of inundation, fire,
public authorities. poison, explosion, stranding of a vessel or international damage
thereto, derailment of a locomotive, or by the use of any other
3. That the act be committed with insult or in disregard of the artifice involving great waste and ruin.
respect due the offended party on account of his rank, age, or sex,
or that is be committed in the dwelling of the offended party, if the 13. That the act be committed with evidence premeditation.
latter has not given provocation.
14. That the craft, fraud or disguise be employed.
4. That the act be committed with abuse of confidence or obvious
ungratefulness. 15. That advantage be taken of superior strength, or means be
employed to weaken the defense.
5. That the crime be committed in the palace of the Chief
Executive or in his presence, or where public authorities are 16. That the act be committed with treachery (alevosia).
engaged in the discharge of their duties, or in a place dedicated to
religious worship. There is treachery when the offender commits any of the crimes
against the person, employing means, methods, or forms in the
AJMA files
execution thereof which tend directly and specially to insure its Title Two
execution, without risk to himself arising from the defense which PERSONS CRIMINALLY LIABLE FOR FELONIES
the offended party might make.
Article 16. Who are criminally liable. - The following are criminally
17. That means be employed or circumstances brought about liable for grave and less grave felonies:
which add ignominy to the natural effects of the act.
1. Principals.
18. That the crime be committed after an unlawful entry. 2. Accomplices.
3. Accessories.
There is an unlawful entry when an entrance of a crime a wall,
roof, floor, door, or window be broken. The following are criminally liable for light felonies:
20. That the crime be committed with the aid of persons under 1. Principals
fifteen years of age or by means of motor vehicles, motorized 2. Accomplices.
watercraft, airships, or other similar means. (As amended by RA
5438). Article 17. Principals. - The following are considered principals:
21. That the wrong done in the commission of the crime be 1. Those who take a direct part in the execution of the act;
deliberately augmented by causing other wrong not necessary for 2. Those who directly force or induce others to commit it;
its commissions. 3. Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished.
Chapter Five
ALTERNATIVE CIRCUMSTANCES Article 18. Accomplices. - Accomplices are those persons who, not
being included in Article 17, cooperate in the execution of the
Article 15. Their concept. - Alternative circumstances are those offense by previous or simultaneous acts.
which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the Article 19. Accessories. - Accessories are those who, having
other conditions attending its commission. They are the knowledge of the commission of the crime, and without having
relationship, intoxication and the degree of instruction and participated therein, either as principals or accomplices, take part
education of the offender. subsequent to its commission in any of the following manners:
The alternative circumstance of relationship shall be taken into 1. By profiting themselves or assisting the offender to profit by the
consideration when the offended party in the spouse, ascendant, effects of the crime.
descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender. 2. By concealing or destroying the body of the crime, or the effects
or instruments thereof, in order to prevent its discovery.
The intoxication of the offender shall be taken into consideration
as a mitigating circumstances when the offender has committed a 3. By harboring, concealing, or assisting in the escape of the
felony in a state of intoxication, if the same is not habitual or principals of the crime, provided the accessory acts with abuse of
subsequent to the plan to commit said felony but when the his public functions or whenever the author of the crime is guilty
intoxication is habitual or intentional, it shall be considered as an of treason, parricide, murder, or an attempt to take the life of the
aggravating circumstance. Chief Executive, or is known to be habitually guilty of some other
crime.
AJMA files
3. Suspension from the employment of public office during the

Article 20. Accessories who are exempt from criminal liability. - trial or in order to institute proceedings.
The penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, 4. Fines and other corrective measures which, in the exercise of
ascendants, descendants, legitimate, natural, and adopted their administrative disciplinary powers, superior officials may
brothers and sisters, or relatives by affinity within the same impose upon their subordinates.
degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article. 5. Deprivation of rights and the reparations which the civil laws
may establish in penal form.
Title Three
PENALTIES Chapter Two
CLASSIFICATION OF PENALTIES
Chapter One
PENALTIES IN GENERAL Article 25. Penalties which may be imposed. - The penalties which
may be imposed according to this Code, and their different
Article 21. Penalties that may be imposed. - No felony shall be classes, are those included in the following:
punishable by any penalty not prescribed by law prior to its
commission. Scale
Article 22. Retroactive effect of penal laws. - Penal Laws shall have Principal Penalties
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 Capital punishment:
Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced Death.
and the convict is serving the same.
Afflictive penalties:
Article 23. Effect of pardon by the offended party. - A pardon of
the offended party does not extinguish criminal action except as Reclusion perpetua,
provided in Article 344 of this Code; but civil liability with regard Reclusion temporal,
to the interest of the injured party is extinguished by his express Perpetual or temporary absolute disqualification,
waiver. Perpetual or temporary special disqualification,
Prision mayor.
Article 24. Measures of prevention or safety which are nor
considered penalties. - The following shall not be considered as Correctional penalties:
penalties:
Prision correccional,
1. The arrest and temporary detention of accused persons, as well Arresto mayor,
as their detention by reason of insanity or imbecility, or illness Suspension,
requiring their confinement in a hospital. Destierro.
2. The commitment of a minor to any of the institutions Light penalties:

mentioned in Article 80 and for the purposes specified therein.
Arresto menor,
AJMA files
Public censure. penalty of disqualification is imposed as an accessory penalty, in

which case its duration shall be that of the principal penalty.
Penalties common to the three preceding classes:
Prision correccional, suspension, and destierro. - The duration of
Fine, and the penalties of prision correccional, suspension and destierro
Bond to keep the peace. shall be from six months and one day to six years, except when
suspension is imposed as an accessory penalty, in which case, its
Accessory Penalties duration shall be that of the principal penalty.
Perpetual or temporary absolute disqualification, Arresto mayor. - The duration of the penalty of arresto mayor
Perpetual or temporary special disqualification, shall be from one month and one day to six months.
Suspension from public office, the right to vote and be voted for,
the profession or calling. Arresto menor. - The duration of the penalty of arresto menor
Civil interdiction, shall be from one day to thirty days.
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the Bond to keep the peace. - The bond to keep the peace shall be
offense, required to cover such period of time as the court may determine.
Payment of costs.
Article 28. Computation of penalties. - If the offender shall be in
Article 26. When afflictive, correctional, or light penalty. - A fine, prison, the term of the duration of the temporary penalties shall
whether imposed as a single of as an alternative penalty, shall be be computed from the day on which the judgment of conviction
considered an afflictive penalty, if it exceeds 6,000 pesos; a shall have become final.
correctional penalty, if it does not exceed 6,000 pesos but is not
less than 200 pesos; and a light penalty if it less than 200 pesos. If the offender be not in prison, the term of the duration of the
penalty consisting of deprivation of liberty shall be computed from
Chapter Three the day that the offender is placed at the disposal of the judicial
DURATION AND EFFECTS OF PENALTIES authorities for the enforcement of the penalty. The duration of the
other penalties shall be computed only from the day on which the
Section One. - Duration of Penalties defendant commences to serve his sentence.
Article 27. Reclusion perpetua. - Any person sentenced to any of Article 29. Period of preventive imprisonment deducted from term
the perpetual penalties shall be pardoned after undergoing the of imprisonment. - Offenders who have undergone preventive
penalty for thirty years, unless such person by reason of his imprisonment shall be credited in the service of their sentence
conduct or some other serious cause shall be considered by the consisting of deprivation of liberty, with the full time during which
Chief Executive as unworthy of pardon. they have undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same
Reclusion temporal. - The penalty of reclusion temporal shall be disciplinary rules imposed upon convicted prisoners, except in the
from twelve years and one day to twenty years. following cases:
Prision mayor and temporary disqualification. - The duration of 1. When they are recidivists or have been convicted previously
the penalties of prision mayor and temporary disqualification shall twice or more times of any crime; and
be from six years and one day to twelve years, except when the
AJMA files
2. When upon being summoned for the execution of their sentence

they have failed to surrender voluntarily. Article 31. Effect of the penalties of perpetual or temporary special
disqualification. - The penalties of perpetual or temporal special
If the detention prisoner does not agree to abide by the same disqualification for public office, profession or calling shall
disciplinary rules imposed upon convicted prisoners, he shall be produce the following effects:
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. (As 1. The deprivation of the office, employment, profession or calling
amended by Republic Act 6127, June 17, 1970). affected;
Whenever an accused has undergone preventive imprisonment for 2. The disqualification for holding similar offices or employments
a period equal to or more than the possible maximum either perpetually or during the term of the sentence according to
imprisonment of the offense charged to which he may be the extent of such disqualification.
sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial Article 32. Effect of the penalties of perpetual or temporary special
thereof or the proceeding on appeal, if the same is under review. disqualification for the exercise of the right of suffrage. - The
In case the maximum penalty to which the accused may be perpetual or temporary special disqualification for the exercise of
sentenced is destierro, he shall be released after thirty (30) days of the right of suffrage shall deprive the offender perpetually or
preventive imprisonment. (As amended by E.O. No. 214, July 10, during the term of the sentence, according to the nature of said
1988). 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
Section Two. - Effects of the penalties according to their respective not be permitted to hold any public office during the period of his
nature disqualification.
Article 30. Effects of the penalties of perpetual or temporary Article 33. Effects of the penalties of suspension from any public
absolute disqualification. - The penalties of perpetual or office, profession or calling, or the right of suffrage. - The
temporary absolute disqualification for public office shall produce suspension from public office, profession or calling, and the
the following effects: exercise of the right of suffrage shall disqualify the offender from
holding such office or exercising such profession or calling or right
1. The deprivation of the public offices and employments which of suffrage during the term of the sentence.
the offender >may have held even if conferred by popular election.
The person suspended from holding public office shall not hold
2. The deprivation of the right to vote in any election for any another having similar functions during the period of his
popular office or to be elected to such office. suspension.
3. The disqualification for the offices or public employments and Article 34. Civil interdiction. - Civil interdiction shall deprive the
for the exercise of any of the rights mentioned. offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of
In case of temporary disqualification, such disqualification as is any ward, of marital authority, of the right to manage his property
comprised in paragraphs 2 and 3 of this article shall last during and of the right to dispose of such property by any act or any
the term of the sentence. conveyance inter vivos.
4. The loss of all rights to retirement pay or other pension for any Article 35. Effects of bond to keep the peace. - It shall be the duty
office formerly held. of any person sentenced to give bond to keep the peace, to present
AJMA files
two sufficient sureties who shall undertake that such person will nest preceding article, he shall be subject to a subsidiary personal
not commit the offense sought to be prevented, and that in case liability at the rate of one day for each eight pesos, subject to the
such offense be committed they will pay the amount determined following rules:
by the court in the judgment, or otherwise to deposit such amount
in the office of the clerk of the court to guarantee said 1. If the principal penalty imposed be prision correccional or
undertaking. arresto and fine, he shall remain under confinement until his fine
referred to in the preceding paragraph is satisfied, but his
The court shall determine, according to its discretion, the period subsidiary imprisonment shall not exceed one-third of the term of
of duration of the bond. the 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
Should the person sentenced fail to give the bond as required he prisoner.
shall be detained for a period which shall in no case exceed six
months, is he shall have been prosecuted for a grave or less grave 2. When the principal penalty imposed be only a fine, the
felony, and shall not exceed thirty days, if for a light felony. subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave felony,
Article 36. Pardon; its effect. - A pardon shall not work the and shall not exceed fifteen days, if for a light felony.
restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms of 3. When the principal imposed is higher than prision correccional,
the pardon. no subsidiary imprisonment shall be imposed upon the culprit.
A pardon shall in no case exempt the culprit from the payment of 4. If the principal penalty imposed is not to be executed by
the civil indemnity imposed upon him by the sentence. confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in the
Article 37. Cost; What are included. - Costs shall include fees and preceding rules, shall continue to suffer the same deprivations as
indemnities in the course of the judicial proceedings, whether they those of which the principal penalty consists.
be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule. 5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him, from the
Article 38. Pecuniary liabilities; Order of payment. - In case the fine in case his financial circumstances should improve. (As
property of the offender should not be sufficient for the payment amended by RA 5465, April 21, 1969).
of all his pecuniary liabilities, the same shall be met in the
following order: Section Three. - Penalties in which other accessory penalties are
inherent
1. The reparation of the damage caused.
Article 40. Death; Its accessory penalties. - The death penalty,
2. Indemnification of consequential damages. when it is not executed by reason of commutation or pardon shall
carry with it that of perpetual absolute disqualification and that of
3. The fine. civil interdiction during thirty years following the date sentence,
unless such accessory penalties have been expressly remitted in
4. The cost of the proceedings. the pardon.
Article 39. Subsidiary penalty. - If the convict has no property Article 41. Reclusion perpetua and reclusion temporal; Their
with which to meet the fine mentioned in the paragraph 3 of the accessory penalties. - The penalties of reclusion perpetua and
AJMA files
reclusion temporal shall carry with them that of civil interdiction

for life or during the period of the sentence as the case may be, Article 46. Penalty to be imposed upon principals in general. - The
and that of perpetual absolute disqualification which the offender penalty prescribed by law for the commission of a felony shall be
shall suffer even though pardoned as to the principal penalty, imposed upon the principals in the commission of such felony.
unless the same shall have been expressly remitted in the pardon.
Whenever the law prescribes a penalty for a felony is general
Article 42. Prision mayor; Its accessory penalties. - The penalty of terms, it shall be understood as applicable to the consummated
prision mayor, shall carry with it that of temporary absolute felony.
disqualification and that of perpetual special disqualification from
the right of suffrage which the offender shall suffer although Article 47. In what cases the death penalty shall not be imposed. -
pardoned as to the principal penalty, unless the same shall have The death penalty shall be imposed in all cases in which it must
been expressly remitted in the pardon. be imposed under existing laws, except in the following cases:
Article 43. Prision correccional; Its accessory penalties. - The 1. When the guilty person be more than seventy years of age.
penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a profession 2. When upon appeal or revision of the case by the Supreme
or calling, and that of perpetual special disqualification from the court, all the members thereof are not unanimous in their voting
right of suffrage, if the duration of said imprisonment shall exceed as to the propriety of the imposition of the death penalty. For the
eighteen months. The offender shall suffer the disqualification imposition of said penalty or for the confirmation of a judgment of
provided in the article although pardoned as to the principal the inferior court imposing the death sentence, the Supreme
penalty, unless the same shall have been expressly remitted in the Court shall render its decision per curiam, which shall be signed
pardon. by all justices of said court, unless some member or members
thereof shall have been disqualified from taking part in the
Article 44. Arresto; Its accessory penalties. - The penalty of arresto consideration of the case, in which even the unanimous vote and
shall carry with it that of suspension of the right too hold office signature of only the remaining justices shall be required.
and the right of suffrage during the term of the sentence.
Article 48. Penalty for complex crimes. - When a single act
Article 45. Confiscation and forfeiture of the proceeds or constitutes two or more grave or less grave felonies, or when an
instruments of the crime. - Every penalty imposed for the offense is a necessary means for committing the other, the penalty
commission of a felony shall carry with it the forfeiture of the for the most serious crime shall be imposed, the same to be
proceeds of the crime and the instruments or tools with which it applied in its maximum period.
was committed.
Article 49. Penalty to be imposed upon the principals when the
Such proceeds and instruments or tools shall be confiscated and crime committed is different from that intended. - In cases in
forfeited in favor of the Government, unless they be property of a which the felony committed is different from that which the
third person not liable for the offense, but those articles which are offender intended to commit, the following rules shall be observed:
not subject of lawful commerce shall be destroyed.
1. If the penalty prescribed for the felony committed be higher
Chapter Four than that corresponding to the offense which the accused
APPLICATION OF PENALTIES intended to commit, the penalty corresponding to the latter shall
be imposed in its maximum period.
Section One. - Rules for the application of penalties to the persons
criminally liable and for the graduation of the same.
AJMA files
2. If the penalty prescribed for the felony committed be lower than Article 56. Penalty to be imposed upon accomplices in an
that corresponding to the one which the accused intended to attempted crime. - The penalty next lower in degree than that
commit, the penalty for the former shall be imposed in its prescribed by law for an attempt to commit a felony shall be
maximum period. imposed upon the accomplices in an attempt to commit the felony.
3. The rule established by the next preceding paragraph shall not Article 57. Penalty to be imposed upon accessories of an
be applicable if the acts committed by the guilty person shall also attempted crime. - The penalty lower by two degrees than that
constitute an attempt or frustration of another crime, if the law prescribed by law for the attempted felony shall be imposed upon
prescribes a higher penalty for either of the latter offenses, in the accessories to the attempt to commit a felony.
which case the penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum period. Article 58. Additional penalty to be imposed upon certain
accessories. - Those accessories falling within the terms of
Article 50. Penalty to be imposed upon principals of a frustrated paragraphs 3 of Article 19 of this Code who should act with abuse
crime. - The penalty next lower in degree than that prescribed by of their public functions, shall suffer the additional penalty of
law for the consummated felony shall be imposed upon the absolute perpetual disqualification if the principal offender shall
principal in a frustrated felony. be guilty of a grave felony, and that of absolute temporary
disqualification if he shall be guilty of a less grave felony.
Article 51. Penalty to be imposed upon principals of attempted
crimes. - A penalty lower by two degrees than that prescribed by Article 59. Penalty to be imposed in case of failure to commit the
law for the consummated felony shall be imposed upon the crime because the means employed or the aims sought are
principals in an attempt to commit a felony. impossible. - When the person intending to commit an offense has
already performed the acts for the execution of the same but
Article 52. Penalty to be imposed upon accomplices in nevertheless the crime was not produced by reason of the fact that
consummated crime. - The penalty next lower in degree than that the act intended was by its nature one of impossible
prescribed by law for the consummated shall be imposed upon the accomplishment or because the means employed by such person
accomplices in the commission of a consummated felony. are essentially inadequate to produce the result desired by him,
the court, having in mind the social danger and the degree of
Article 53. Penalty to be imposed upon accessories to the criminality shown by the offender, shall impose upon him the
commission of a consummated felony. - The penalty lower by two penalty of arresto mayor or a fine from 200 to 500 pesos.
degrees than that prescribed by law for the consummated felony
shall be imposed upon the accessories to the commission of a Article 60. Exception to the rules established in Articles 50 to 57.
consummated felony. - The provisions contained in Articles 50 to 57, inclusive, of this
Code shall not be applicable to cases in which the law expressly
Article 54. Penalty to imposed upon accomplices in a frustrated prescribes the penalty provided for a frustrated or attempted
crime. - The penalty next lower in degree than prescribed by law felony, or to be imposed upon accomplices or accessories.
for the frustrated felony shall be imposed upon the accomplices in
the commission of a frustrated felony. Article 61. Rules for graduating penalties. - For the purpose of
graduating the penalties which, according to the provisions of
Article 55. Penalty to be imposed upon accessories of a frustrated Articles 50 to 57, inclusive, of this Code, are to be imposed upon
crime. - The penalty lower by two degrees than that prescribed by persons guilty as principals of any frustrated or attempted felony,
law for the frustrated felony shall be imposed upon the or as accomplices or accessories, the following rules shall be
accessories to the commission of a frustrated felony. observed:
AJMA files
1. When the penalty prescribed for the felony is single and First Case Death Reclusion Perpetua Reclusion Temporal
indivisible, the penalty next lower in degrees shall be that Prision Mayor Prision Correccional
immediately following that indivisible penalty in the respective Second Case Reclusion Perpetua to Death Reclusion Temporal
graduated scale prescribed in Article 71 of this Code. Prision Mayor Prision Correccional Arresto
Mayor
2. When the penalty prescribed for the crime is composed of two Third Case Reclusion Temporal in its maximum period to
indivisible penalties, or of one or more divisible penalties to be death Prision Mayor in its maximum period to reclusion temporal
impose to their full extent, the penalty next lower in degree shall in its medium period Prision correccional in its maximum period
be that immediately following the lesser of the penalties prescribed to prision mayor in its medium period Arresto Mayor in it's
in the respective graduated scale. maximum period to prision correccional in its medium period
Fine and Arresto Mayor in its minimum and medium
3. When the penalty prescribed for the crime is composed of one periods
or two indivisible penalties and the maximum period of another Fourth Case Prision Mayor in its maximum period to reclusion
divisible penalty, the penalty next lower in degree shall be temporal in its medium period. Prision correccional in its
composed of the medium and minimum periods of the proper maximum period to prision mayor in its medium period. Arresto
divisible penalty and the maximum periods of the proper divisible mayor in its maximum period to prision correccional in its
penalty and the maximum period of that immediately following in medium period. Fine and Arresto Mayor in its minimum and
said respective graduated scale. medium periods Fine.
4. when the penalty prescribed for the crime is composed of Section Two. - Rules for the application of penalties with regard to
several periods, corresponding to different divisible penalties, the the mitigating and aggravating circumstances, and habitual
penalty next lower in degree shall be composed of the period delinquency.
immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed, if Article 62. Effect of the attendance of mitigating or aggravating
possible; otherwise from the penalty immediately following in the circumstances and of habitual delinquency. - Mitigating or
above mentioned respective graduated scale. aggravating circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing or increasing
5. When the law prescribes a penalty for a crime in some manner the penalty in conformity with the following rules:
not especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon 1. Aggravating circumstances which in themselves constitute a
those guilty as principals of the frustrated felony, or of attempt to crime specially punishable by law or which are included by the
commit the same, and upon accomplices and accessories. law in defining a crime and prescribing the penalty therefor shall
not be taken into account for the purpose of increasing the
TABULATION OF THE PROVISIONS OF THE CHAPTER penalty.
Penalty Prescribe for the crime Penalty to be imposed
upon the principal in a frustrated crime, and accomplice in a 2. The same rule shall apply with respect to any aggravating
consummated crime Penalty to be imposed upon the principal in circumstance inherent in the crime to such a degree that it must
an attempted crime, the accessory in the consummated crime and of necessity accompany the commission thereof.
the accomplices in a frustrated crime. Penalty to be imposed
upon the accessory in a frustrated crime, and the accomplices in 3. Aggravating or mitigating circumstances which arise from the
an attempted crime Penalty to be imposed upon the accessory in moral attributes of the offender, or from his private relations with
an attempted crime the offended party, or from any other personal cause, shall only
serve to aggravate or mitigate the liability of the principals,
AJMA files
accomplices and accessories as to whom such circumstances are In all cases in which the law prescribes a penalty composed of two
attendant. indivisible penalties, the following rules shall be observed in the
application thereof:
4. The circumstances which consist in the material execution of
the act, or in the means employed to accomplish it, shall serve to 1. When in the commission of the deed there is present only one
aggravate or mitigate the liability of those persons only who had aggravating circumstance, the greater penalty shall be applied.
knowledge of them at the time of the execution of the act or their
cooperation therein. 2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating circumstance, the
5. Habitual delinquency shall have the following effects: lesser penalty shall be applied.
(a) Upon a third conviction the culprit shall be sentenced to the 3. When the commission of the act is attended by some mitigating
penalty provided by law for the last crime of which he be found circumstances and there is no aggravating circumstance, the
guilty and to the additional penalty of prision correccional in its lesser penalty shall be applied.
medium and maximum periods;
4. When both mitigating and aggravating circumstances attended
(b) Upon a fourth conviction, the culprit shall be sentenced to the the commission of the act, the court shall reasonably allow them
penalty provided for the last crime of which he be found guilty and to offset one another in consideration of their number and
to the additional penalty of prision mayor in its minimum and importance, for the purpose of applying the penalty in accordance
medium periods; and with the preceding rules, according to the result of such
compensation.
(c) Upon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of which he be Article 64. Rules for the application of penalties which contain
found guilty and to the additional penalty of prision mayor in its three periods. - In cases in which the penalties prescribed by law
maximum period to reclusion temporal in its minimum period. contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a
Notwithstanding the provisions of this article, the total of the two period in accordance with the provisions of Articles 76 and 77, the
penalties to be imposed upon the offender, in conformity herewith, court shall observe for the application of the penalty the following
shall in no case exceed 30 years. rules, according to whether there are or are not mitigating or
aggravating circumstances:
For the purpose of this article, a person shall be deemed to be
habitual delinquent, is within a period of ten years from the date 1. When there are neither aggravating nor mitigating
of his release or last conviction of the crimes of serious or less circumstances, they shall impose the penalty prescribed by law in
serious physical injuries, robo, hurto, estafa or falsification, he is its medium period.
found guilty of any of said crimes a third time or oftener.
2. When only a mitigating circumstances is present in the
Article 63. Rules for the application of indivisible penalties. - In all commission of the act, they shall impose the penalty in its
cases in which the law prescribes a single indivisible penalty, it minimum period.
shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the 3. When an aggravating circumstance is present in the
commission of the deed. commission of the act, they shall impose the penalty in its
maximum period.
AJMA files
4. When both mitigating and aggravating circumstances are Article 68. Penalty to be imposed upon a person under eighteen
present, the court shall reasonably offset those of one class years of age. - When the offender is a minor under eighteen years
against the other according to their relative weight. and his case is one coming under the provisions of the paragraphs
next to the last of Article 80 of this Code, the following rules shall
5. When there are two or more mitigating circumstances and no be observed:
aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it 1. Upon a person under fifteen but over nine years of age, who is
may deem applicable, according to the number and nature of such not exempted from liability by reason of the court having declared
circumstances. that he acted with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least than that
6. Whatever may be the number and nature of the aggravating prescribed by law for the crime which he committed.
circumstances, the courts shall not impose a greater penalty than
that prescribed by law, in its maximum period. 2. Upon a person over fifteen and under eighteen years of age the
penalty next lower than that prescribed by law shall be imposed,
7. Within the limits of each period, the court shall determine the but always in the proper period.
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater and Article 69. Penalty to be imposed when the crime committed is not
lesser extent of the evil produced by the crime. wholly excusable. - A penalty lower by one or two degrees than
that prescribed by law shall be imposed if the deed is not wholly
Article 65. Rule in cases in which the penalty is not composed of excusable by reason of the lack of some of the conditions required
three periods. - In cases in which the penalty prescribed by law is to justify the same or to exempt from criminal liability in the
not composed of three periods, the courts shall apply the rules several cases mentioned in Article 11 and 12, provided that the
contained in the foregoing articles, dividing into three equal majority of such conditions be present. The courts shall impose
portions of time included in the penalty prescribed, and forming the penalty in the period which may be deemed proper, in view of
one period of each of the three portions. the number and nature of the conditions of exemption present or
lacking.
Article 66. Imposition of fines. - In imposing fines the courts may
fix any amount within the limits established by law; in fixing the Article 70. Successive service of sentence. - When the culprit has
amount in each case attention shall be given, not only to the to serve two or more penalties, he shall serve them simultaneously
mitigating and aggravating circumstances, but more particularly if the nature of the penalties will so permit otherwise, the
to the wealth or means of the culprit. following rules shall be observed:
Article 67. Penalty to be imposed when not all the requisites of In the imposition of the penalties, the order of their respective
exemption of the fourth circumstance of Article 12 are present. - severity shall be followed so that they may be executed
When all the conditions required in circumstances Number 4 of successively or as nearly as may be possible, should a pardon
Article 12 of this Code to exempt from criminal liability are not have been granted as to the penalty or penalties first imposed, or
present, the penalty of arresto mayor in its maximum period to should they have been served out.
prision correccional in its minimum period shall be imposed upon
the culprit if he shall have been guilty of a grave felony, and For the purpose of applying the provisions of the next preceding
arresto mayor in its minimum and medium periods, if of a less paragraph the respective severity of the penalties shall be
grave felony. determined in accordance with the following scale:
1. Death,
AJMA files
2. Reclusion perpetua, 5. Prision correccional,

3. Reclusion temporal, 6. Arresto mayor,
4. Prision mayor, 7. Destierro,
5. Prision correccional, 8. Arresto menor,
6. Arresto mayor, 9. Public censure,
7. Arresto menor, 10. Fine.
8. Destierro,
9. Perpetual absolute disqualification, SCALE NO. 2
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted 1. Perpetual absolute disqualification,
for, the right to follow a profession or calling, and 2. Temporal absolute disqualification
12. Public censure. 3. Suspension from public office, the right to vote and be voted
for, the right to follow a profession or calling,
Notwithstanding the provisions of the rule next preceding, the 4. Public censure,
maximum duration of the convict's sentence shall not be more 5. Fine.
than three-fold the length of time corresponding to the most
severe of the penalties imposed upon him. No other penalty to Article 72 Preference in the payment of the civil liabilities. - The
which he may be liable shall be inflicted after the sum total of civil liabilities of a person found guilty of two or more offenses
those imposed equals the same maximum period. shall be satisfied by following the chronological order of the dates
of the judgments rendered against him, beginning with the first in
Such maximum period shall in no case exceed forty years. order of time.
In applying the provisions of this rule the duration of perpetual Section Three. - Provisions common in the last two preceding
penalties (pena perpetua) shall be computed at thirty years. (As sections
amended).
Article 73. Presumption in regard to the imposition of accessory
Article 71. Graduated scales. - In the case in which the law penalties. - Whenever the courts shall impose a penalty which, by
prescribed a penalty lower or higher by one or more degrees than provision of law, carries with it other penalties, according to the
another given penalty, the rules prescribed in Article 61 shall be provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must
observed in graduating such penalty. be understood that the accessory penalties are also imposed upon
the convict.
The lower or higher penalty shall be taken from the graduated
scale in which is comprised the given penalty. Article 74. Penalty higher than reclusion perpetua in certain
cases. - In cases in which the law prescribes a penalty higher than
The courts, in applying such lower or higher penalty, shall observe another given penalty, without specially designating the name of
the following graduated scales: the former, if such higher penalty should be that of death, the
same penalty and the accessory penalties of Article 40, shall be
SCALE NO. 1 considered as the next higher penalty.
1. Death, Article 75. Increasing or reducing the penalty of fine by one or

2. Reclusion perpetua, more degrees. - Whenever it may be necessary to increase or
3. Reclusion temporal, reduce the penalty of fine by one or more degrees, it shall be
4. Prision mayor, increased or reduced, respectively, for each degree, by one-fourth
AJMA files
of the maximum amount prescribed by law, without however, Whenever the penalty prescribed does not have one of the forms
changing the minimum. specially provided for in this Code, the periods shall be
distributed, applying by analogy the prescribed rules.
The same rules shall be observed with regard of fines that do not
consist of a fixed amount, but are made proportional. Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Article 76. Legal period of duration of divisible penalties. - The
legal period of duration of divisible penalties shall be considered Section One. - General Provisions
as divided into three parts, forming three periods, the minimum,
the medium, and the maximum in the manner shown in the Article 78. When and how a penalty is to be executed. - No penalty
following table: shall be executed except by virtue of a final judgment.
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES A penalty shall not be executed in any other form than that
AND THE TIME INCLUDED IN EACH OF THEIR PERIODS prescribed by law, nor with any other circumstances or incidents
Penalties Time Time Time Time than those expressly authorized thereby.
included in the penalty in its entirety included in its
minimum period included in its medium period In addition to the provisions of the law, the special regulations
included in its maximum prescribed for the government of the institutions in which the
Reclusion temporal From 12 years and 1 day to 20 years. penalties are to be suffered shall be observed with regard to the
From 12 years and 1 day to 14 years and 8 months. character of the work to be performed, the time of its performance,
From 14 years, 8 months and 1 day to 17 years and 4 and other incidents connected therewith, the relations of the
months. From 17 years, 4 months and 1 day to 20 years. convicts among themselves and other persons, the relief which
Prision mayor, absolute disqualification and special temporary they may receive, and their diet.
disqualification From 6 years and 1 day to 12 years. From 6
years and 1 day to 8 years. From 8 years and 1 day to 10 years. The regulations shall make provision for the separation of the
From 10 years and 1 day to 12 years. sexes in different institutions, or at least into different
Prision correccional, suspension and destierro From 6 departments and also for the correction and reform of the
months and 1 day to 6 years. From 6 months and 1 day to convicts.
2 years and 4 months. From 2 years, 4 months and 1 day to
4 years and 2 months. From 4 years, 2 months and 1 day to Article 79. Suspension of the execution and service of the
6 years. penalties in case of insanity. - When a convict shall become
Arresto mayor From 1 month and 1 day to months. insane or an imbecile after final sentence has been pronounced,
From 1 to 2 months. From 2 months and 1 day to 4 the execution of said sentence shall be suspended only with
months. From 4 months and 1 day to 6 months. regard to the personal penalty, the provisions of the second
Arresto menor From 1 to 30 days. From 1 to 10 days. paragraph of circumstance number 1 of Article 12 being observed
From 11 to 20 days. From 21 to 30 days. in the corresponding cases.
Article 77. When the penalty is a complex one composed of three If at any time the convict shall recover his reason, his sentence
distinct penalties. - In cases in which the law prescribes a penalty shall be executed, unless the penalty shall have prescribed in
composed of three distinct penalties, each one shall form a period; accordance with the provisions of this Code.
the lightest of them shall be the minimum the next the medium,
and the most severe the maximum period.
AJMA files
The respective provisions of this section shall also be observed if

the insanity or imbecility occurs while the convict is serving his If the minor has been committed to the custody or care of any of
sentence. the institutions mentioned in the first paragraph of this article,
with the approval of the Director of Public Welfare and subject to
Article 80. Suspension of sentence of minor delinquents. - such conditions as this official in accordance with law may deem
Whenever a minor of either sex, under sixteen years of age at the proper to impose, such minor may be allowed to stay elsewhere
date of the commission of a grave or less grave felony, is accused under the care of a responsible person.
thereof, the court, after hearing the evidence in the proper
proceedings, instead of pronouncing judgment of conviction, shall If the minor has behaved properly and has complied with the
suspend all further proceedings and shall commit such minor to conditions imposed upon him during his confinement, in
the custody or care of a public or private, benevolent or charitable accordance with the provisions of this article, he shall be returned
institution, established under the law of the care, correction or to the court in order that the same may order his final release.
education of orphaned, homeless, defective, and delinquent
children, or to the custody or care of any other responsible person In case the minor fails to behave properly or to comply with the
in any other place subject to visitation and supervision by the regulations of the institution to which he has been committed or
Director of Public Welfare or any of his agents or representatives, with the conditions imposed upon him when he was committed to
if there be any, or otherwise by the superintendent of public the care of a responsible person, or in case he should be found
schools or his representatives, subject to such conditions as are incorrigible or his continued stay in such institution should be
prescribed hereinbelow until such minor shall have reached his inadvisable, he shall be returned to the court in order that the
majority age or for such less period as the court may deem proper. same may render the judgment corresponding to the crime
The court, in committing said minor as provided above, shall take committed by him.
into consideration the religion of such minor, his parents or next
of kin, in order to avoid his commitment to any private institution The expenses for the maintenance of a minor delinquent confined
not under the control and supervision of the religious sect or in the institution to which he has been committed, shall be borne
denomination to which they belong. totally or partially by his parents or relatives or those persons
liable to support him, if they are able to do so, in the discretion of
The Director of Public Welfare or his duly authorized the court; Provided, That in case his parents or relatives or those
representatives or agents, the superintendent of public schools or persons liable to support him have not been ordered to pay said
his representatives, or the person to whose custody or care the expenses or are found indigent and cannot pay said expenses, the
minor has been committed, shall submit to the court every four municipality in which the offense was committed shall pay one-
months and as often as required in special cases, a written report third of said expenses; the province to which the municipality
on the good or bad conduct of said minor and the moral and belongs shall pay one-third; and the remaining one-third shall be
intellectual progress made by him. borne by the National Government: Provided, however, That
whenever the Secretary of Finance certifies that a municipality is
The suspension of the proceedings against a minor may be not able to pay its share in the expenses above mentioned, such
extended or shortened by the court on the recommendation of the share which is not paid by said municipality shall be borne by the
Director of Public Welfare or his authorized representative or National Government. Chartered cities shall pay two-thirds of said
agents, or the superintendent of public schools or his expenses; and in case a chartered city cannot pay said expenses,
representatives, according as to whether the conduct of such the internal revenue allotments which may be due to said city
minor has been good or not and whether he has complied with the shall be withheld and applied in settlement of said indebtedness
conditions imposed upon him, or not. The provisions of the first in accordance with section five hundred and eighty-eight of the
paragraph of this article shall not, however, be affected by those Administrative Code.
contained herein.
AJMA files
Section Two. - Execution of principal penalties. establishment, and by such persons as the Director of Prisons
may authorize.
Article 81. When and how the death penalty is to be executed. -
The death sentence shall be executed with reference to any other Article 85. Provisions relative to the corpse of the person executed
and shall consist in putting the person under sentence to death and its burial. - Unless claimed by his family, the corpse of the
by electrocution. The death sentence shall be executed under the culprit shall, upon the completion of the legal proceedings
authority of the Director of Prisons, endeavoring so far as possible subsequent to the execution, be turned over to the institute of
to mitigate the sufferings of the person under sentence during learning or scientific research first applying for it, for the purpose
electrocution as well as during the proceedings prior to the of study and investigation, provided that such institute shall take
execution. charge of the decent burial of the remains. Otherwise, the Director
of Prisons shall order the burial of the body of the culprit at
If the person under sentence so desires, he shall be anaesthetized government expense, granting permission to be present thereat to
at the moment of the electrocution. the members of the family of the culprit and the friends of the
latter. In no case shall the burial of the body of a person
Article 82. Notification and execution of the sentence and sentenced to death be held with pomp.
assistance to the culprit. - The court shall designate a working
day for the execution but not the hour thereof; and such Article 86. Reclusion perpetua, reclusion temporal, prision mayor,
designation shall not be communicated to the offender before prision correccional and arresto mayor. - The penalties of
sunrise of said day, and the execution shall not take place until reclusion perpetua, reclusion temporal, prision mayor, prision
after the expiration of at least eight hours following the correccional and arresto mayor, shall be executed and served in
notification, but before sunset. During the interval between the the places and penal establishments provided by the
notification and the execution, the culprit shall, in so far as Administrative Code in force or which may be provided by law in
possible, be furnished such assistance as he may request in order the future.
to be attended in his last moments by priests or ministers of the
religion he professes and to consult lawyers, as well as in order to Article 87. Destierro. - Any person sentenced to destierro shall not
make a will and confer with members of his family or persons in be permitted to enter the place or places designated in the
charge of the management of his business, of the administration sentence, nor within the radius therein specified, which shall be
of his property, or of the care of his descendants. not more than 250 and not less than 25 kilometers from the place
designated.
Article 83. Suspension of the execution of the death sentence. -
The death sentence shall not be inflicted upon a woman within Article 88. Arresto menor. - The penalty of arresto menor shall be
the three years next following the date of the sentence or while she served in the municipal jail, or in the house of the defendant
is pregnant, nor upon any person over seventy years of age. In himself under the surveillance of an officer of the law, when the
this last case, the death sentence shall be commuted to the court so provides in its decision, taking into consideration the
penalty of reclusion perpetua with the accessory penalties health of the offender and other reasons which may seem
provided in Article 40. satisfactory to it.
Article 84. Place of execution and persons who may witness the
same. - The execution shall take place in the penitentiary of
Bilibid in a space closed to the public view and shall be witnessed
only by the priests assisting the offender and by his lawyers, and
by his relatives, not exceeding six, if he so request, by the
physician and the necessary personnel of the penal
AJMA files
The crime of oral defamation and slander by deed shall prescribe

Title Four in six months.
EXTINCTION OF CRIMINAL LIABILITY
Light offenses prescribe in two months.
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY When the penalty fixed by law is a compound one, the highest
penalty shall be made the basis of the application of the rules
Article 89. How criminal liability is totally extinguished. - Criminal contained in the first, second and third paragraphs of this article.
liability is totally extinguished: (As amended by RA 4661, approved June 19, 1966).
1. By the death of the convict, as to the personal penalties and as Article 91. Computation of prescription of offenses. - The period of
to pecuniary penalties, liability therefor is extinguished only when prescription shall commence to run from the day on which the
the death of the offender occurs before final judgment. crime is discovered by the offended party, the authorities, or their
agents, and shall be interrupted by the filing of the complaint or
2. By service of the sentence; information, and shall commence to run again when such
proceedings terminate without the accused being convicted or
3. By amnesty, which completely extinguishes the penalty and all acquitted, or are unjustifiably stopped for any reason not
its effects; imputable to him.
4. By absolute pardon; The term of prescription shall not run when the offender is absent
from the Philippine Archipelago.
5. By prescription of the crime;
Article 92. When and how penalties prescribe. - The penalties
6. By prescription of the penalty; imposed by final sentence prescribe as follows:
7. By the marriage of the offended woman, as provided in Article 1. Death and reclusion perpetua, in twenty years;
344 of this Code.
2. Other afflictive penalties, in fifteen years;
Article 90. Prescription of crime. - Crimes punishable by death,
reclusion perpetua or reclusion temporal shall prescribe in twenty 3. Correctional penalties, in ten years; with the exception of the
years. penalty of arresto mayor, which prescribes in five years;
Crimes punishable by other afflictive penalties shall prescribe in 4. Light penalties, in one year.
fifteen years.
Article 93. Computation of the prescription of penalties. - The
Those punishable by a correctional penalty shall prescribe in ten period of prescription of penalties shall commence to run from the
years; with the exception of those punishable by arresto mayor, date when the culprit should evade the service of his sentence,
which shall prescribe in five years. and it shall be interrupted if the defendant should give himself up,
be captured, should go to some foreign country with which this
The crime of libel or other similar offenses shall prescribe in one Government has no extradition treaty, or should commit another
year. crime before the expiration of the period of prescription.
Chapter Two
AJMA files
PARTIAL EXTINCTION OF CRIMINAL LIABILITY Article 98. Special time allowance for loyalty. - A deduction of one-
fifth of the period of his sentence shall be granted to any prisoner
Article 94. Partial Extinction of criminal liability. - Criminal who, having evaded the service of his sentence under the
liability is extinguished partially: circumstances mentioned in Article 58 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a
1. By conditional pardon; proclamation announcing the passing away of the calamity or
catastrophe to in said article.
2. By commutation of the sentence; and
Article 99. Who grants time allowances. - Whenever lawfully
3. For good conduct allowances which the culprit may earn while justified, the Director of Prisons shall grant allowances for good
he is serving his sentence. conduct. Such allowances once granted shall not be revoked.
Article 95. Obligation incurred by person granted conditional Title Five

pardon. - Any person who has been granted conditional pardon CIVIL LIABILITY
shall incur the obligation of complying strictly with the conditions
imposed therein otherwise, his non-compliance with any of the Chapter One
conditions specified shall result in the revocation of the pardon PERSON CIVILLY LIABLE FOR FELONIES
and the provisions of Article 159 shall be applied to him.
Article 100. Civil liability of a person guilty of felony. - Every
Article 96. Effect of commutation of sentence. - The commutation person criminally liable for a felony is also civilly liable.
of the original sentence for another of a different length and
nature shall have the legal effect of substituting the latter in the Article 101. Rules regarding civil liability in certain cases. - The
place of the former. exemption from criminal liability established in subdivisions 1, 2,
3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this
Article 97. Allowance for good conduct. - The good conduct of any Code does not include exemption from civil liability, which shall
prisoner in any penal institution shall entitle him to the following be enforced subject to the following rules:
deductions from the period of his sentence:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil
1. During the first two years of his imprisonment, he shall be liability for acts committed by an imbecile or insane person, and
allowed a deduction of five days for each month of good behavior; by a person under nine years of age, or by one over nine but
under fifteen years of age, who has acted without discernment,
2. During the third to the fifth year, inclusive, of his shall devolve upon those having such person under their legal
imprisonment, he shall be allowed a deduction of eight days for authority or control, unless it appears that there was no fault or
each month of good behavior; negligence on their part.
3. During the following years until the tenth year, inclusive, of his Should there be no person having such insane, imbecile or minor
imprisonment, he shall be allowed a deduction of ten days for under his authority, legal guardianship or control, or if such
each month of good behavior; and person be insolvent, said insane, imbecile, or minor shall respond
with their own property, excepting property exempt from
4. During the eleventh and successive years of his imprisonment, execution, in accordance with the civil law.
he shall be allowed a deduction of fifteen days for each month of
good behaviour. Second. In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented shall be
AJMA files
civilly liable in proportion to the benefit which they may have engaged in any kind of industry for felonies committed by their
received. servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
The courts shall determine, in sound discretion, the proportionate
amount for which each one shall be liable. Chapter Two
WHAT CIVIL LIABILITY INCLUDES
When the respective shares cannot be equitably determined, even
approximately, or when the liability also attaches to the Article 104. What is included in civil liability. - The civil liability
Government, or to the majority of the inhabitants of the town, established in Articles 100, 101, 102, and 103 of this Code
and, in all events, whenever the damages have been caused with includes:
the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or 1. Restitution;
regulations.
2. Reparation of the damage caused;
Third. In cases falling within subdivisions 5 and 6 of Article 12,
the persons using violence or causing the fears shall be primarily 3. Indemnification for consequential damages.
liable and secondarily, or, if there be no such persons, those doing
the act shall be liable, saving always to the latter that part of their Article 105. Restitution; How made. - The restitution of the thing
property exempt from execution. itself must be made whenever possible, with allowance for any
deterioration, or diminution of value as determined by the court.
Article 102. Subsidiary civil liability of innkeepers, tavernkeepers
and proprietors of establishments. - In default of the persons The thing itself shall be restored, even though it be found in the
criminally liable, innkeepers, tavernkeepers, and any other possession of a third person who has acquired it by lawful means,
persons or corporations shall be civilly liable for crimes committed saving to the latter his action against the proper person, who may
in their establishments, in all cases where a violation of municipal be liable to him.
ordinances or some general or special police regulation shall have
been committed by them or their employees. This provision is not applicable in cases in which the thing has
been acquired by the third person in the manner and under the
Innkeepers are also subsidiarily liable for the restitution of goods requirements which, by law, bar an action for its recovery.
taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that Article 106. Reparation; How made. - The court shall determine
such guests shall have notified in advance the innkeeper himself, the amount of damage, taking into consideration the price of the
or the person representing him, of the deposit of such goods thing, whenever possible, and its special sentimental value to the
within the inn; and shall furthermore have followed the directions injured party, and reparation shall be made accordingly.
which such innkeeper or his representative may have given them
with respect to the care and vigilance over such goods. No liability Article 107. Indemnification; What is included. - Indemnification
shall attach in case of robbery with violence against or for consequential damages shall include not only those caused the
intimidation of persons unless committed by the innkeeper's injured party, but also those suffered by his family or by a third
employees. person by reason of the crime.
Article 103. Subsidiary civil liability of other persons. - The Article 108. Obligation to make restoration, reparation for
subsidiary liability established in the next preceding article shall damages, or indemnification for consequential damages and
also apply to employers, teachers, persons, and corporations actions to demand the same; Upon whom it devolves. - The
AJMA files
obligation to make restoration or reparation for damages and

indemnification for consequential damages devolves upon the BOOK TWO
heirs of the person liable. CRIMES AND PENALTIES
The action to demand restoration, reparation, and indemnification Title One

likewise descends to the heirs of the person injured.
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
Article 109. Share of each person civilly liable. - If there are two or NATIONS
more persons civilly liable for a felony, the courts shall determine
the amount for which each must respond. Chapter One
CRIMES AGAINST NATIONAL SECURITY
Article 110. Several and subsidiary liability of principals,
accomplices and accessories of a felony; Preference in payment. - Section One. - Treason and espionage
Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their Article 114. Treason. - Any person who, owing allegiance to (the
respective class, shall be liable severally (in solidum) among United States or) the Government of the Philippine Islands, not
themselves for their quotas, and subsidiaries for those of the other being a foreigner, levies war against them or adheres to their
persons liable. enemies, giving them aid or comfort within the Philippine Islands
or elsewhere, shall be punished by reclusion temporal to death
The subsidiary liability shall be enforced, first against the property and shall pay a fine not to exceed P20,000 pesos.
of the principals; next, against that of the accomplices, and, lastly,
against that of the accessories. 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
Whenever the liability in solidum or the subsidiary liability has accused in open court.
been enforced, the person by whom payment has been made shall
have a right of action against the others for the amount of their Likewise, an alien, residing in the Philippine Islands, who commits
respective shares. 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
Article 111. Obligation to make restitution in certain cases. - Any exceed P20,000 pesos. (As amended by E.O. No. 44, May 31,
person who has participated gratuitously in the proceeds of a 1945).
felony shall be bound to make restitution in an amount equivalent
to the extent of such participation. Article 115. Conspiracy and proposal to commit treason; Penalty. -
The conspiracy or proposal to commit the crime of treason shall
Chapter Three be punished respectively, by prision mayor and a fine not
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY exceeding P10,000 pesos, and prision correccional and a fine not
exceeding P5,000 pesos.
Article 112. Extinction of civil liability. - Civil liability established
in Articles 100, 101, 102, and 103 of this Code shall be Article 116. Misprision of treason. - Every person owing allegiance
extinguished in the same manner as obligations, in accordance to (the United States) the Government of the Philippine Islands,
with the provisions of the Civil Law. without being a foreigner, and having knowledge of any conspiracy
against them, conceals or does not disclose and make known the
Article 113. Obligation to satisfy civil liability. - Except in case of same, as soon as possible to the governor or fiscal of the province,
extinction of his civil liability
AJMA files
or the mayor or fiscal of the city in which he resides, as the case 2. By prision mayor, if such correspondence be carried on in
may be, shall be punished as an accessory to the crime of treason. ciphers or conventional signs; and
Article 117. Espionage. - The penalty of prision correccional shall 3. By reclusion temporal, if notice or information be given thereby
be inflicted upon any person who: which might be useful to the enemy. If the offender intended to
aid the enemy by giving such notice or information, he shall suffer
1. Without authority therefor, enters a warship, fort, or naval or the penalty of reclusion temporal to death.
military establishment or reservation to obtain any information,
plans, photographs, or other data of a confidential nature relative Article 121. Flight to enemy country. - The penalty of arresto
to the defense of the Philippine Archipelago; or mayor shall be inflicted upon any person who, owing allegiance to
the Government, attempts to flee or go to an enemy country when
2. Being in possession, by reason of the public office he holds, of prohibited by competent authority.
the articles, data, or information referred to in the preceding
paragraph, discloses their contents to a representative of a foreign Section Three. - Piracy and mutiny on the high seas or in
nation. Philippine waters
The penalty next higher in degree shall be imposed if the offender Article 122. Piracy in general and mutiny on the high seas. - The
be a public officer or employee. penalty of reclusion temporal shall be inflicted upon any person
who, on the high seas, shall attack or seize a vessel or, not being a
Section Two. - Provoking war and disloyalty in case of war member of its complement nor a passenger, shall seize the whole
or part of the cargo of said vessel, its equipment, or personal
Article 118. Inciting to war or giving motives for reprisals. - The belongings of its complement or passengers.
penalty of reclusion temporal shall be imposed upon any public
officer or employee, and that of prision mayor upon any private The same penalty shall be inflicted in case of mutiny on the high
individual, who, by unlawful or unauthorized acts provokes or seas or in Philippine waters.
gives occasion for a war involving or liable to involve the Philippine
Islands or exposes Filipino citizens to reprisals on their persons or Article 123. Qualified piracy. - The penalty of reclusion temporal
property. to death shall be imposed upon those who commit any of the
crimes referred to in the preceding article, under any of the
Article 119. Violation of neutrality. - The penalty of prision following circumstances:
correccional shall be inflicted upon anyone who, on the occasion
of a war in which the Government is not involved, violates any 1. Whenever they have seized a vessel by boarding or firing upon
regulation issued by competent authority for the purpose of the same;
enforcing neutrality.
2. Whenever the pirates have abandoned their victims without
Article 120. Correspondence with hostile country. - Any person means of saving themselves; or
who in time of war, shall have correspondence with an enemy
country or territory occupied by enemy troops shall be punished: 3. Whenever the crime is accompanied by murder, homicide,
physical injuries or rape.
1. By prision correccional, if the correspondence has been
prohibited by the Government;
AJMA files
Title Two every case, the person detained shall be informed of the cause of
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE his detention and shall be allowed upon his request, to
communicate and confer at any time with his attorney or counsel.
Chapter One (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF 1987, respectively).
DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES Article 126. Delaying release. - The penalties provided for in
AGAINST RELIGIOUS WORSHIP Article 124 shall be imposed upon any public officer or employee
who delays for the period of time specified therein the
Section One. - Arbitrary detention and expulsion performance of any judicial or executive order for the release of a
prisoner or detention prisoner, or unduly delays the service of the
Article 124. Arbitrary detention. - Any public officer or employee notice of such order to said prisoner or the proceedings upon any
who, without legal grounds, detains a person, shall suffer; petition for the liberation of such person.
1. The penalty of arresto mayor in its maximum period to prision Article 127. Expulsion. - The penalty of prision correccional shall
correccional in its minimum period, if the detention has not be imposed upon any public officer or employee who, not being
exceeded three days; thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his
2. The penalty of prision correccional in its medium and residence.
maximum periods, if the detention has continued more than three
but not more than fifteen days; Section Two. - Violation of domicile
3. The penalty of prision mayor, if the detention has continued for Article 128. Violation of domicile. - The penalty of prision
more than fifteen days but not more than six months; and correccional in its minimum period shall be imposed upon any
public officer or employee who, not being authorized by judicial
4. That of reclusion temporal, if the detention shall have exceeded order, shall enter any dwelling against the will of the owner
six months. thereof, search papers or other effects found therein without the
previous consent of such owner, or having surreptitiously entered
The commission of a crime, or violent insanity or any other said dwelling, and being required to leave the premises, shall
ailment requiring the compulsory confinement of the patient in a refuse to do so.
hospital, shall be considered legal grounds for the detention of any
person. If the offense be committed in the night-time, or if any papers or
effects not constituting evidence of a crime be not returned
Article 125. Delay in the delivery of detained persons to the proper immediately after the search made by the offender, the penalty
judicial authorities. - The penalties provided in the next preceding shall be prision correccional in its medium and maximum periods.
article shall be imposed upon the public officer or employee who
shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the Article 129. Search warrants maliciously obtained and abuse in
period of; twelve (12) hours, for crimes or offenses punishable by the service of those legally obtained. - In addition to the liability
light penalties, or their equivalent; eighteen (18) hours, for crimes attaching to the offender for the commission of any other offense,
or offenses punishable by correctional penalties, or their the penalty of arresto mayor in its maximum period to prision
equivalent and thirty-six (36) hours, for crimes, or offenses correccional in its minimum period and a fine not exceeding
punishable by afflictive or capital penalties, or their equivalent. In P1,000 pesos shall be imposed upon any public officer or
AJMA files
employee who shall procure a search warrant without just cause, Article 133. Offending the religious feelings. - The penalty of
or, having legally procured the same, shall exceed his authority or arresto mayor in its maximum period to prision correccional in its
use unnecessary severity in executing the same. minimum period shall be imposed upon anyone who, in a place
devoted to religious worship or during the celebration of any
Article 130. Searching domicile without witnesses. - The penalty of religious ceremony shall perform acts notoriously offensive to the
arresto mayor in its medium and maximum periods shall be feelings of the faithful.
imposed upon a public officer or employee who, in cases where a
search is proper, shall search the domicile, papers or other Title Three
belongings of any person, in the absence of the latter, any member CRIMES AGAINST PUBLIC ORDER
of his family, or in their default, without the presence of two
witnesses residing in the same locality. Chapter One
REBELLION, SEDITION AND DISLOYALTY
Section Three. - Prohibition, interruption and dissolution of
peaceful meetings Article 134. Rebellion or insurrection; How committed. - The crime
of rebellion or insurrection is committed by rising publicly and
Article 131. Prohibition, interruption and dissolution of peaceful taking arms against the Government for the purpose of removing
meetings. - The penalty of prision correccional in its minimum from the allegiance to said Government or its laws, the territory of
period shall be imposed upon any public officer or employee who, the Philippine Islands or any part thereof, of any body of land,
without legal ground, shall prohibit or interrupt the holding of a naval or other armed forces, depriving the Chief Executive or the
peaceful meeting, or shall dissolve the same. Legislature, wholly or partially, of any of their powers or
prerogatives. (As amended by R.A. 6968).
The same penalty shall be imposed upon a public officer or
employee who shall hinder any person from joining any lawful Article 134-A. Coup d'etat; How committed. - The crime of coup
association or from attending any of its meetings. d'etat is a swift attack accompanied by violence, intimidation,
threat, strategy or stealth, directed against duly constituted
The same penalty shall be imposed upon any public officer or authorities of the Republic of the Philippines, or any military
employee who shall prohibit or hinder any person from camp or installation, communications network, public utilities or
addressing, either alone or together with others, any petition to other facilities needed for the exercise and continued possession
the authorities for the correction of abuses or redress of of power, singly or simultaneously carried out anywhere in the
grievances. Philippines by any person or persons, belonging to the military or
police or holding any public office of employment with or without
Section Four. - Crimes against religious worship civilian support or participation for the purpose of seizing or
diminishing state power. (As amended by R.A. 6968).
Article 132. Interruption of religious worship. - The penalty of
prision correccional in its minimum period shall be imposed upon Article 135. Penalty for rebellion, insurrection or coup d'etat. -
any public officer or employee who shall prevent or disturb the Any person who promotes, maintains, or heads rebellion or
ceremonies or manifestations of any religion. insurrection shall suffer the penalty of reclusion perpetua.
If the crime shall have been committed with violence or threats, Any person merely participating or executing the commands of
the penalty shall be prision correccional in its medium and others in a rebellion shall suffer the penalty of reclusion temporal.
maximum periods.
AJMA files
Any person who leads or in any manner directs or commands Article 138. Inciting a rebellion or insurrection. - The penalty of
others to undertake a coup d'etat shall suffer the penalty of prision mayor in its minimum period shall be imposed upon any
reclusion perpetua. person who, without taking arms or being in open hostility against
the Government, shall incite others to the execution of any of the
Any person in the government service who participates, or acts specified in article 134 of this Code, by means of speeches,
executes directions or commands of others in undertaking a coup proclamations, writings, emblems, banners or other
d'etat shall suffer the penalty of prision mayor in its maximum representations tending to the same end. (Reinstated by E.O. No.
period. 187).
Any person not in the government service who participates, or in Article 139. Sedition; How committed. - The crime of sedition is
any manner supports, finances, abets or aids in undertaking a committed by persons who rise publicly and tumultuously in
coup d'etat shall suffer the penalty of reclusion temporal in its order to attain by force, intimidation, or by other means outside of
maximum period. legal methods, any of the following objects:
When the rebellion, insurrection, or coup d'etat shall be under the 1. To prevent the promulgation or execution of any law or the
command of unknown leaders, any person who in fact directed holding of any popular election;
the others, spoke for them, signed receipts and other documents
issued in their name, as performed similar acts, on behalf or the 2. To prevent the National Government, or any provincial or
rebels shall be deemed a leader of such a rebellion, insurrection, municipal government or any public officer thereof from freely
or coup d'etat. (As amended by R.A. 6968, approved on October exercising its or his functions, or prevent the execution of any
24, 1990). administrative order;
Article 136. Conspiracy and proposal to commit coup d'etat, 3. To inflict any act of hate or revenge upon the person or property
rebellion or insurrection. - The conspiracy and proposal to commit of any public officer or employee;
coup d'etat shall be punished by prision mayor in minimum
period and a fine which shall not exceed eight thousand pesos 4. To commit, for any political or social end, any act of hate or
(P8,000.00). revenge against private persons or any social class; and
The conspiracy and proposal to commit rebellion or insurrection 5. To despoil, for any political or social end, any person,
shall be punished respectively, by prision correccional in its municipality or province, or the National Government (or the
maximum period and a fine which shall not exceed five thousand Government of the United States), of all its property or any part
pesos (P5,000.00) and by prision correccional in its medium thereof.
period and a fine not exceeding two thousand pesos (P2,000.00).
(As amended by R.A. 6968, approved October 24, 1990). Article 140. Penalty for sedition. - The leader of a sedition shall
suffer the penalty of prision mayor in its minimum period and a
Article 137. Disloyalty of public officers or employees. - The fine not exceeding 10,000 pesos.
penalty of prision correccional in its minimum period shall be
imposed upon public officers or employees who have failed to Other persons participating therein shall suffer the penalty of
resist a rebellion by all the means in their power, or shall continue prision correccional in its maximum period and a fine not
to discharge the duties of their offices under the control of the exceeding 5,000 pesos. (Reinstated by E.O. No. 187).
rebels or shall accept appointment to office under them.
(Reinstated by E.O. No. 187). Article 141. Conspiracy to commit sedition. - Persons conspiring
to commit the crime of sedition shall be punished by prision
AJMA files
correccional in its medium period and a fine not exceeding 2,000 subcommittees, constitutional commissions or committees or
pesos. (Reinstated by E.O. No. 187). divisions thereof, or of any provincial board or city or municipal
council or board, or in the presence of any such bodies should
Article 142. Inciting to sedition. - The penalty of prision behave in such manner as to interrupt its proceedings or to
correccional in its maximum period and a fine not exceeding impair the respect due it. (Reinstated by E.O. No. 187).
2,000 pesos shall be imposed upon any person who, without
taking any direct part in the crime of sedition, should incite others Section Two. - Violation of parliamentary immunity
to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems, Article 145. Violation of parliamentary immunity. - The penalty of
cartoons, banners, or other representations tending to the same prision mayor shall be imposed upon any person who shall use
end, or upon any person or persons who shall utter seditious force, intimidation, threats, or fraud to prevent any member of the
words or speeches, write, publish, or circulate scurrilous libels National Assembly (Congress of the Philippines) from attending
against the (Government of the United States or the Government the meetings of the Assembly (Congress) or of any of its
of the Commonwealth of the Philippines) or any of the duly committees or subcommittees, constitutional commissions or
constituted authorities thereof, or which tend to disturb or committees or divisions thereof, from expressing his opinions or
obstruct any lawful officer in executing the functions of his office, casting his vote; and the penalty of prision correccional shall be
or which tend to instigate others to cabal and meet together for imposed upon any public officer or employee who shall, while the
unlawful purposes, or which suggest or incite rebellious Assembly (Congress) is in regular or special session, arrest or
conspiracies or riots, or which lead or tend to stir up the people search any member thereof, except in case such member has
against the lawful authorities or to disturb the peace of the committed a crime punishable under this Code by a penalty
community, the safety and order of the Government, or who shall higher than prision mayor.
knowingly conceal such evil practices. (Reinstated by E.O. No.
187). Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION Article 146. Illegal assemblies. - The penalty of prision
correccional in its maximum period to prision mayor in its
Section One. - Crimes against legislative bodies and similar bodies medium period shall be imposed upon the organizers or leaders of
any meeting attended by armed persons for the purpose of
Article 143. Act tending to prevent the meeting of the Assembly committing any of the crimes punishable under this Code, or of
and similar bodies. - The penalty of prision correccional or a fine any meeting in which the audience is incited to the commission of
ranging from 200 to 2,000 pesos, or both, shall be imposed upon the crime of treason, rebellion or insurrection, sedition or assault
any person who, by force or fraud, prevents the meeting of the upon a person in authority or his agents. Persons merely present
National Assembly (Congress of the Philippines) or of any of its at such meeting shall suffer the penalty of arresto mayor, unless
committees or subcommittees, constitutional commissions or they are armed, in which case the penalty shall be prision
committees or divisions thereof, or of any provincial board or city correccional.
or municipal council or board. (Reinstated by E.O. No. 187).
If any person present at the meeting carries an unlicensed
firearm, it shall be presumed that the purpose of said meeting,
Article 144. Disturbance of proceedings. - The penalty of arresto insofar as he is concerned, is to commit acts punishable under
mayor or a fine from 200 to 1,000 pesos shall be imposed upon this Code, and he shall be considered a leader or organizer of the
any person who disturbs the meetings of the National Assembly meeting within the purview of the preceding paragraph.
(Congress of the Philippines) or of any of its committees or
AJMA files
As used in this article, the word "meeting" shall be understood to one thousand pesos, or both such fine and imprisonment shall be
include a gathering or group, whether in a fixed place or moving. imposed upon any person who, having been duly summoned to
(Reinstated by E.O. No. 187). attend as a witness before the National Assembly, (Congress), its
special or standing committees and subcommittees, the
Article 147. Illegal associations. - The penalty of prision Constitutional Commissions and its committees, subcommittees,
correccional in its minimum and medium periods and a fine not or divisions, or before any commission or committee chairman or
exceeding 1,000 pesos shall be imposed upon the founders, member authorized to summon witnesses, refuses, without legal
directors, and presidents of associations totally or partially excuse, to obey such summons, or being present before any such
organized for the purpose of committing any of the crimes legislative or constitutional body or official, refuses to be sworn or
punishable under this Code or for some purpose contrary to placed under affirmation or to answer any legal inquiry or to
public morals. Mere members of said associations shall suffer the produce any books, papers, documents, or records in his
penalty of arresto mayor. (Reinstated by E.O. No. 187). possession, when required by them to do so in the exercise of
their functions. The same penalty shall be imposed upon any
Chapter Four person who shall restrain another from attending as a witness, or
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, who shall induce disobedience to a summon or refusal to be
PERSONS IN AUTHORITY AND THEIR AGENTS sworn by any such body or official.
Article 148. Direct assaults. - Any person or persons who, without Article 151. Resistance and disobedience to a person in authority
a public uprising, shall employ force or intimidation for the or the agents of such person. - The penalty of arresto mayor and a
attainment of any of the purpose enumerated in defining the fine not exceeding 500 pesos shall be imposed upon any person
crimes of rebellion and sedition, or shall attack, employ force, or who not being included in the provisions of the preceding articles
seriously intimidate or resist any person in authority or any of his shall resist or seriously disobey any person in authority, or the
agents, while engaged in the performance of official duties, or on agents of such person, while engaged in the performance of official
occasion of such performance, shall suffer the penalty of prision duties.
correccional in its medium and maximum periods and a fine not
exceeding P1,000 pesos, when the assault is committed with a When the disobedience to an agent of a person in authority is not
weapon or when the offender is a public officer or employee, or of a serious nature, the penalty of arresto menor or a fine ranging
when the offender lays hands upon a person in authority. If none from 10 to P100 pesos shall be imposed upon the offender.
of these circumstances be present, the penalty of prision
correccional in its minimum period and a fine not exceeding P500 Article 152. Persons in authority and agents of persons in
pesos shall be imposed. authority; Who shall be deemed as such. - In applying the
provisions of the preceding and other articles of this Code, any
Article 149. Indirect assaults. - The penalty of prision correccional person directly vested with jurisdiction, whether as an individual
in its minimum and medium periods and a fine not exceeding or as a member of some court or governmental corporation, board,
P500 pesos shall be imposed upon any person who shall make or commission, shall be deemed a person in authority. A barrio
use of force or intimidation upon any person coming to the aid of captain and a barangay chairman shall also be deemed a person
the authorities or their agents on occasion of the commission of in authority.
any of the crimes defined in the next preceding article.
A person who, by direct provision of law or by election or by
Article 150. Disobedience to summons issued by the National appointment by competent authority, is charged with the
Assembly, its committees or subcommittees, by the Constitutional maintenance of public order and the protection and security of life
Commissions, its committees, subcommittees or divisions. - The and property, such as a barrio councilman, barrio policeman and
penalty of arresto mayor or a fine ranging from two hundred to
AJMA files
barangay leader and any person who comes to the aid of persons Article 154. Unlawful use of means of publication and unlawful
in authority, shall be deemed an agent of a person in authority. utterances. - The penalty of arresto mayor and a fine ranging from
P200 to P1,000 pesos shall be imposed upon:
In applying the provisions of Articles 148 and 151 of this Code,
teachers, professors and persons charged with the supervision of 1. Any person who by means of printing, lithography, or any other
public or duly recognized private schools, colleges and means of publication shall publish or cause to be published as
universities, and lawyers in the actual performance of their news any false news which may endanger the public order, or
professional duties or on the occasion of such performance, shall cause damage to the interest or credit of the State;
be deemed persons in authority. (As amended by PD No. 299,
Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985). 2. Any person who by the same means, or by words, utterances or
speeches shall encourage disobedience to the law or to the
Chapter Five constituted authorities or praise, justify, or extol any act punished
PUBLIC DISORDERS by law;
Article 153. Tumults and other disturbance of public orders; 3. Any person who shall maliciously publish or cause to be
Tumultuous disturbance or interruption liable to cause published any official resolution or document without proper
disturbance. - The penalty of arresto mayor in its medium period authority, or before they have been published officially; or
to prision correccional in its minimum period and a fine not
exceeding 1,000 pesos shall be imposed upon any person who 4. Any person who shall print, publish, or distribute or cause to
shall cause any serious disturbance in a public place, office, or be printed, published, or distributed books, pamphlets,
establishment, or shall interrupt or disturb public performances, periodicals, or leaflets which do not bear the real printer's name,
functions or gatherings, or peaceful meetings, if the act is not or which are classified as anonymous.
included in the provisions of Articles 131 and 132.
Article 155. Alarms and scandals. - The penalty of arresto menor
The penalty next higher in degree shall be imposed upon persons or a fine not exceeding P200 pesos shall be imposed upon:
causing any disturbance or interruption of a tumultuous
character. 1. Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other explosives
The disturbance or interruption shall be deemed to be tumultuous calculated to cause alarm or danger;
if caused by more than three persons who are armed or provided
with means of violence. 2. Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or
The penalty of arresto mayor shall be imposed upon any person prejudicial to public tranquility;
who in any meeting, association, or public place, shall make any
outcry tending to incite rebellion or sedition or in such place shall 3. Any person who, while wandering about at night or while
display placards or emblems which provoke a disturbance of the engaged in any other nocturnal amusements, shall disturb the
public order. public peace; or
The penalty of arresto menor and a fine not to exceed P200 pesos 4. Any person who, while intoxicated or otherwise, shall cause any
shall be imposed upon these persons who in violation of the disturbance or scandal in public places, provided that the
provisions contained in the last clause of Article 85, shall bury circumstances of the case shall not make the provisions of Article
with pomp the body of a person who has been legally executed. 153 applicable.
AJMA files
Article 156. Delivery of prisoners from jails. - The penalty of within the above mentioned period of 48 hours, shall be entitled to
arresto mayor in its maximum period of prision correccional in its the deduction provided in Article 98.
minimum period shall be imposed upon any person who shall
remove from any jail or penal establishment any person confined Article 159. Other cases of evasion of service of sentence. - The
therein or shall help the escape of such person, by means of penalty of prision correccional in its minimum period shall be
violence, intimidation, or bribery. If other means are used, the imposed upon the convict who, having been granted conditional
penalty of arresto mayor shall be imposed. pardon by the Chief Executive, shall violate any of the conditions
of such pardon. However, if the penalty remitted by the granting of
If the escape of the prisoner shall take place outside of said such pardon be higher than six years, the convict shall then suffer
establishments by taking the guards by surprise, the same the unexpired portion of his original sentence.
penalties shall be imposed in their minimum period.
Chapter Seven
Chapter Six COMMISSION OF ANOTHER CRIME DURING SERVICE OF
EVASION OF SERVICE OF SENTENCE PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
Article 157. Evasion of service of sentence. - The penalty of prision Article 160. Commission of another crime during service of
correccional in its medium and maximum periods shall be penalty imposed for another offense; Penalty. - Besides the
imposed upon any convict who shall evade service of his sentence provisions of Rule 5 of Article 62, any person who shall commit a
by escaping during the term of his imprisonment by reason of felony after having been convicted by final judgment, before
final judgment. beginning to serve such sentence, or while serving the same, shall
be punished by the maximum period of the penalty prescribed by
However, if such evasion or escape shall have taken place by law for the new felony.
means of unlawful entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using picklocks, false keys, deceit, Any convict of the class referred to in this article, who is not a
violence or intimidation, or through connivance with other habitual criminal, shall be pardoned at the age of seventy years if
convicts or employees of the penal institution, the penalty shall be he shall have already served out his original sentence, or when he
prision correccional in its maximum period. shall complete it after reaching the said age, unless by reason of
his conduct or other circumstances he shall not be worthy of such
Article 158. Evasion of service of sentence on the occasion of clemency.
disorder, conflagrations, earthquakes, or other calamities. - A
convict who shall evade the service of his sentence, by leaving the Title Four
penal institution where he shall have been confined, on the CRIMES AGAINST PUBLIC INTEREST
occasion of disorder resulting from a conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he Chapter One
has not participated, shall suffer an increase of one-fifth of the FORGERIES
time still remaining to be served under the original sentence,
which in no case shall exceed six months, if he shall fail to give Section One. - Forging the seal of the Government of the
himself up to the authorities within forty-eight hours following the Philippine Islands, the signature or stamp of the Chief Executive.
issuance of a proclamation by the Chief Executive announcing the
passing away of such calamity. Article 161. Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief
Convicts who, under the circumstances mentioned in the Executive. - The penalty of reclusion temporal shall be imposed
preceding paragraph, shall give themselves up to the authorities upon any person who shall forge the Great Seal of the
AJMA files
Government of the Philippine Islands or the signature or stamp of

the Chief Executive. Section Three. - Forging treasury or bank notes, obligations and
securities; importing and uttering false or forged notes, obligations
Article 162. Using forged signature or counterfeit seal or stamp. - and securities.
The penalty of prision mayor shall be imposed upon any person
who shall knowingly make use of the counterfeit seal or forged Article 166. Forging treasury or bank notes on other documents
signature or stamp mentioned in the preceding article. payable to bearer; importing, and uttering such false or forged
notes and documents. - The forging or falsification of treasury or
Section Two. - Counterfeiting Coins bank notes or certificates or other obligations and securities
payable to bearer and the importation and uttering in connivance
Article 163. Making and importing and uttering false coins. - Any with forgers or importers of such false or forged obligations or
person who makes, imports, or utters, false coins, in connivance notes, shall be punished as follows:
with counterfeiters, or importers, shall suffer:
1. By reclusion temporal in its minimum period and a fine not to
1. Prision mayor in its minimum and medium periods and a fine exceed P10,000 pesos, if the document which has been falsified,
not to exceed P10,000 pesos, if the counterfeited coin be silver counterfeited, or altered, is an obligations or security of the United
coin of the Philippines or coin of the Central Bank of the States or of the Philippines Islands.
Philippines of ten centavo denomination or above.
The word "obligation or security of the United States or of the
2. Prision correccional in its minimum and medium periods and a Philippine Islands" shall be held to mean all bonds, certificates of
fine of not to exceed P2,000 pesos, if the counterfeited coins be indebtedness, national bank notes, fractional notes, certificates of
any of the minor coinage of the Philippines or of the Central Bank deposit, bills, checks, or drafts for money, drawn by or upon
of the Philippines below ten-centavo denomination. authorized officers of the United States or of the Philippine
Islands, and other representatives of value, of whatever
3. Prision correccional in its minimum period and a fine not to denomination, which have been or may be issued under any act of
exceed P1,000 pesos, if the counterfeited coin be currency of a the Congress of the United States or of the Philippine Legislature.
foreign country. (As amended by R.A. No. 4202, approved June
19, 1965). 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
Article 164. Mutilation of coins; Importation and utterance of circulating note issued by any banking association duly
mutilated coins. - The penalty of prision correccional in its authorized by law to issue the same.
minimum period and a fine not to exceed P2,000 pesos shall be
imposed upon any person who shall mutilate coins of the legal 3. By prision mayor in its medium period and a fine not to exceed
currency of the United States or of the Philippine Islands or P5,000 pesos, if the falsified or counterfeited document was
import or utter mutilated current coins, or in connivance with issued by a foreign government.
mutilators or importers.
4. By prision mayor in its minimum period and a fine not to
Article 165. Selling of false or mutilated coin, without connivance. exceed P2,000 pesos, when the forged or altered document is a
- The person who knowingly, although without the connivance circulating note or bill issued by a foreign bank duly authorized
mentioned in the preceding articles, shall possess false or therefor.
mutilated coin with intent to utter the same, or shall actually
utter such coin, shall suffer a penalty lower by one degree than Article 167. Counterfeiting, importing and uttering instruments
that prescribed in said articles. not payable to bearer. - Any person who shall forge, import or
AJMA files
utter, in connivance with the forgers or importers, any instrument 1. Counterfeiting or imitating any handwriting, signature or
payable to order or other document of credit not payable to rubric;
bearer, shall suffer the penalties of prision correccional in its
medium and maximum periods and a fine not exceeding P6,000 2. Causing it to appear that persons have participated in any act
pesos. or proceeding when they did not in fact so participate;
Article 168. Illegal possession and use of false treasury or bank 3. Attributing to persons who have participated in an act or
notes and other instruments of credit. - Unless the act be one of proceeding statements other than those in fact made by them;
those coming under the provisions of any of the preceding articles,
any person who shall knowingly use or have in his possession, 4. Making untruthful statements in a narration of facts;
with intent to use any of the false or falsified instruments referred
to in this section, shall suffer the penalty next lower in degree 5. Altering true dates;
than that prescribed in said articles.
6. Making any alteration or intercalation in a genuine document
Article 169. How forgery is committed. - The forgery referred to in which changes its meaning;
this section may be committed by any of the following means:
7. Issuing in an authenticated form a document purporting to be a
1. By giving to a treasury or bank note or any instrument, payable copy of an original document when no such original exists, or
to bearer or order mentioned therein, the appearance of a true including in such a copy a statement contrary to, or different
genuine document. from, that of the genuine original; or
2. By erasing, substituting, counterfeiting or altering by any 8. Intercalating any instrument or note relative to the issuance
means the figures, letters, words or signs contained therein. thereof in a protocol, registry, or official book.
Section Four. - Falsification of legislative, public, commercial, and The same penalty shall be imposed upon any ecclesiastical
privatedocuments, and wireless, telegraph, and telephone minister who shall commit any of the offenses enumerated in the
message. preceding paragraphs of this article, with respect to any record or
document of such character that its falsification may affect the
Article 170. Falsification of legislative documents. - The penalty of civil status of persons.
prision correccional in its maximum period and a fine not
exceeding P6,000 pesos shall be imposed upon any person who, Article 172. Falsification by private individual and use of falsified
without proper authority therefor alters any bill, resolution, or documents. - The penalty of prision correccional in its medium
ordinance enacted or approved or pending approval by either and maximum periods and a fine of not more than P5,000 pesos
House of the Legislature or any provincial board or municipal shall be imposed upon:
council.
1. Any private individual who shall commit any of the
Article 171. Falsification by public officer, employee or notary or falsifications enumerated in the next preceding article in any
ecclesiastic minister. - The penalty of prision mayor and a fine not public or official document or letter of exchange or any other kind
to exceed P5,000 pesos shall be imposed upon any public officer, of commercial document; and
employee, or notary who, taking advantage of his official position,
shall falsify a document by committing any of the following acts: 2. Any person who, to the damage of a third party, or with the
intent to cause such damage, shall in any private document
AJMA files
commit any of the acts of falsification enumerated in the next Article 175. Using false certificates. - The penalty of arresto menor
preceding article. shall be imposed upon any one who shall knowingly use any of
the false certificates mentioned in the next preceding article.
Any person who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who, with the Section Six. - Manufacturing, importing and possession of
intent to cause such damage, shall use any of the false documents instruments or implements intended for the commission of
embraced in the next preceding article, or in any of the foregoing falsification.
subdivisions of this article, shall be punished by the penalty next
lower in degree. Article 176. Manufacturing and possession of instruments or
implements for falsification. - The penalty of prison correctional in
Article 173. Falsification of wireless, cable, telegraph and its medium and maximum periods and a fine not to exceed
telephone messages, and use of said falsified messages. - The P10,000 pesos shall be imposed upon any person who shall make
penalty of prision correccional in its medium and maximum or introduce into the Philippine Islands any stamps, dies, marks,
periods shall be imposed upon officer or employee of the or other instruments or implements intended to be used in the
Government or of any private corporation or concern engaged in commission of the offenses of counterfeiting or falsification
the service of sending or receiving wireless, cable or telephone mentioned in the preceding sections of this Chapter. Any person
message who utters a fictitious wireless, telegraph or telephone who, with the intention of using them, shall have in his
message of any system or falsifies the same. possession any of the instruments or implements mentioned in
the preceding paragraphs, shall suffer the penalty next lower in
Any person who shall use such falsified dispatch to the prejudice degree than that provided therein.
of a third party or with the intent of cause such prejudice, shall
suffer the penalty next lower in degree. Chapter Two
OTHER FALSITIES
Section Five. - Falsification of medical certificates, certificates of
merit or services and the like. Section One. - Usurpation of authority, rank, title, and improper
use of names, uniforms and insignia.
Article 174. False medical certificates, false certificates of merits
or service, etc. - The penalties of arresto mayor in its maximum Article 177. Usurpation of authority or official functions. - Any
period to prision correccional in its minimum period and a fine person who shall knowingly and falsely represent himself to be an
not to exceed P1,000 pesos shall be imposed upon: officer, agent or representative of any department or agency of the
Philippine Government or of any foreign government, or who,
1. Any physician or surgeon who, in connection, with the practice under pretense of official position, shall perform any act
of his profession, shall issue a false certificate; and pertaining to any person in authority or public officer of the
Philippine Government or any foreign government, or any agency
2. Any public officer who shall issue a false certificate of merit of thereof, without being lawfully entitled to do so, shall suffer the
service, good conduct or similar circumstances. penalty of prision correccional in its minimum and medium
periods.
The penalty of arresto mayor shall be imposed upon any private
person who shall falsify a certificate falling within the classes Article 178. Using fictitious name and concealing true name. - The
mentioned in the two preceding subdivisions. penalty of arresto mayor and a fine not to exceed 500 pesos shall
be imposed upon any person who shall publicly use a fictitious
name for the purpose of concealing a crime, evading the execution
of a judgment or causing damage.
AJMA files
prision correccional in its minimum period and a fine not to

Any person who conceals his true name and other personal exceed 6,000 pesos, if the amount in controversy shall exceed
circumstances shall be punished by arresto menor or a fine not to 5,000 pesos, and the penalty of arresto mayor in its maximum
exceed 200 pesos. period to prision correccional in its minimum period and a fine
not to exceed 1,000 pesos, if the amount in controversy shall not
Article 179. Illegal use of uniforms or insignia. - The penalty of exceed said amount or cannot be estimated.
arresto mayor shall be imposed upon any person who shall
publicly and improperly make use of insignia, uniforms or dress Article 183. False testimony in other cases and perjury in solemn
pertaining to an office not held by such person or to a class of affirmation. - The penalty of arresto mayor in its maximum period
persons of which he is not a member. to prision correccional in its minimum period shall be imposed
upon any person, who knowingly makes untruthful statements
Section Two. - False testimony and not being included in the provisions of the next preceding
articles, shall testify under oath, or make an affidavit, upon any
Article 180. False testimony against a defendant. - Any person material matter before a competent person authorized to
who shall give false testimony against the defendant in any administer an oath in cases in which the law so requires.
criminal case shall suffer:
Any person who, in case of a solemn affirmation made in lieu of
1. The penalty of reclusion temporal, if the defendant in said case an oath, shall commit any of the falsehoods mentioned in this and
shall have been sentenced to death; the three preceding articles of this section, shall suffer the
respective penalties provided therein.
2. The penalty of prision mayor, if the defendant shall have been
sentenced to reclusion temporal or reclusion perpetua; Article 184. Offering false testimony in evidence. - Any person who
shall knowingly offer in evidence a false witness or testimony in
3. The penalty of prision correccional, if the defendant shall have any judicial or official proceeding, shall be punished as guilty of
been sentenced to any other afflictive penalty; and false testimony and shall suffer the respective penalties provided
in this section.
4. The penalty of arresto mayor, if the defendant shall have been
sentenced to a correctional penalty or a fine, or shall have been Chapter Three
acquitted. FRAUDS
In cases provided in subdivisions 3 and 4 of this article the Section One. - Machinations, monopolies and combinations
offender shall further suffer a fine not to exceed 1,000 pesos.
Article 185. Machinations in public auctions. - Any person who
Article 181. False testimony favorable to the defendants. - Any shall solicit any gift or promise as a consideration for refraining
person who shall give false testimony in favor of the defendant in from taking part in any public auction, and any person who shall
a criminal case, shall suffer the penalties of arresto mayor in its attempt to cause bidders to stay away from an auction by threats,
maximum period to prision correccional in its minimum period a gifts, promises, or any other artifice, with intent to cause the
fine not to exceed 1,000 pesos, if the prosecution is for a felony reduction of the price of the thing auctioned, shall suffer the
punishable by an afflictive penalty, and the penalty of arresto penalty of prision correccional in its minimum period and a fine
mayor in any other case. ranging from 10 to 50 per centum of the value of the thing
auctioned.
Article 182. False testimony in civil cases. - Any person found
guilty of false testimony in a civil case shall suffer the penalty of
AJMA files
Article 186. Monopolies and combinations in restraint of trade. - Whenever any of the offenses described above is committed by a
The penalty of prision correccional in its minimum period or a fine corporation or association, the president and each one of its
ranging from 200 to 6,000 pesos, or both, shall be imposed upon: agents or representatives in the Philippines in case of a foreign
corporation or association, who shall have knowingly permitted or
1. Any person who shall enter into any contract or agreement or failed to prevent the commission of such offense, shall be held
shall take part in any conspiracy or combination in the form of a liable as principals thereof.
trust or otherwise, in restraint of trade or commerce or to prevent
by artificial means free competition in the market; Section Two. - Frauds in commerce and industry
2. Any person who shall monopolize any merchandise or object of Article 187. Importation and disposition of falsely marked articles
trade or commerce, or shall combine with any other person or or merchandise made of gold, silver, or other precious metals or
persons to monopolize and merchandise or object in order to alter their alloys. - The penalty of prision correccional or a fine ranging
the price thereof by spreading false rumors or making use of any from 200 to 1,000 pesos, or both, shall be imposed on any person
other article to restrain free competition in the market; who shall knowingly import or sell or dispose of any article or
merchandise made of gold, silver, or other precious metals, or
3. Any person who, being a manufacturer, producer, or processor their alloys, with stamps, brands, or marks which fail to indicate
of any merchandise or object of commerce or an importer of any the actual fineness or quality of said metals or alloys.
merchandise or object of commerce from any foreign country,
either as principal or agent, wholesaler or retailer, shall combine, Any stamp, brand, label, or mark shall be deemed to fail to
conspire or agree in any manner with any person likewise engaged indicate the actual fineness of the article on which it is engraved,
in the manufacture, production, processing, assembling or printed, stamped, labeled or attached, when the rest of the article
importation of such merchandise or object of commerce or with shows that the quality or fineness thereof is less by more than
any other persons not so similarly engaged for the purpose of one-half karat, if made of gold, and less by more than four one-
making transactions prejudicial to lawful commerce, or of thousandth, if made of silver, than what is shown by said stamp,
increasing the market price in any part of the Philippines, of any brand, label or mark. But in case of watch cases and flatware
such merchandise or object of commerce manufactured, made of gold, the actual fineness of such gold shall not be less by
produced, processed, assembled in or imported into the more than three one-thousandth than the fineness indicated by
Philippines, or of any article in the manufacture of which such said stamp, brand, label, or mark.
manufactured, produced, or imported merchandise or object of
commerce is used. Article 188. Subsisting and altering trade-mark, trade-names, or
service marks. - The penalty of prision correccional in its
If the offense mentioned in this article affects any food substance, minimum period or a fine ranging from 50 to 2,000 pesos, or both,
motor fuel or lubricants, or other articles of prime necessity, the shall be imposed upon:
penalty shall be that of prision mayor in its maximum and
medium periods it being sufficient for the imposition thereof that 1. Any person who shall substitute the trade name or trade-mark
the initial steps have been taken toward carrying out the purposes of some other manufacturer or dealer or a colorable imitation
of the combination. thereof, for the trademark of the real manufacturer or dealer upon
any article of commerce and shall sell the same;
Any property possessed under any contract or by any combination
mentioned in the preceding paragraphs, and being the subject 2. Any person who shall sell such articles of commerce or offer the
thereof, shall be forfeited to the Government of the Philippines. same for sale, knowing that the trade-name or trade- mark has
been fraudulently used in such goods as described in the
preceding subdivision;
AJMA files
2. Any person who shall affix, apply, annex or use in connection

3. Any person who, in the sale or advertising of his services, shall with any goods or services or any container or containers for
use or substitute the service mark of some other person, or a goods a false designation of origin or any false description or
colorable imitation of such mark; or representation and shall sell such goods or services.
4. Any person who, knowing the purpose for which the trade- 3. Any person who by means of false or fraudulent representation
name, trade-mark, or service mark of a person is to be used, or declarations orally or in writing or by other fraudulent means
prints, lithographs, or in any way reproduces such trade-name, shall procure from the patent office or from any other office which
trade-mark, or service mark, or a colorable imitation thereof, for may hereafter be established by law for the purposes the
another person, to enable that other person to fraudulently use registration of a trade-name, trade-mark or service mark or of
such trade-name, trade-mark, or service mark on his own goods himself as the owner of such trade-name, trade-mark or service
or in connection with the sale or advertising of his services. mark or an entry respecting a trade-name, trade-mark or service
mark.
A trade-name or trade-mark as herein used is a word or words,
name, title, symbol, emblem, sign or device, or any combination Title Five
thereof used as an advertisement, sign, label, poster, or otherwise, CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED
for the purpose of enabling the public to distinguish the business DRUGS
of the person who owns and uses said trade-name or trade-mark.
Article 190. Possession, preparation and use of prohibited drugs
A service mark as herein used is a mark used in the sale or and maintenance of opium dens. - The penalty of arresto mayor in
advertising of services to identify the services of one person and its medium period to prision correccional in its minimum period
distinguish them from the services of others and includes without and a fine ranging from 300 to 1,000 pesos shall be imposed
limitation the marks, names, symbols, titles, designations, upon:
slogans, character names, and distinctive features of radio or
other advertising. 1. Anyone who unless lawfully authorized shall possess, prepare,
administer, or otherwise use any prohibited drug.
Article 189. Unfair competition, fraudulent registration of trade-
mark, trade-name or service mark, fraudulent designation of "Prohibited drug," as used herein includes opium, cocaine, alpha
origin, and false description. - The penalty provided in the next and beta eucaine,
proceeding article shall be imposed upon:
Indian hemp, their derivatives, and all preparations made from
1. Any person who, in unfair competition and for the purposes of them or any of them, and such other drugs, whether natural or
deceiving or defrauding another of his legitimate trade or the synthetic, having physiological action as a narcotic drug.
public in general, shall sell his goods giving them the general
appearance of goods of another manufacturer or dealer, either as "Opium" embraces every kind, class, and character of opium,
to the goods themselves, or in the wrapping of the packages in whether crude or prepared; the ashes on refuse of the same;
which they are contained or the device or words thereon or in any narcotic preparations thereof or therefrom; morphine or any
other features of their appearance which would be likely to induce alkaloid of opium, preparation in which opium, morphine or any
the public to believe that the goods offered are those of a kind of opium, enter as an ingredient, and also opium leaves or
manufacturer or dealer other than the actual manufacturer or wrappings of opium leaves, whether prepared or not for their use.
dealer or shall give other persons a chance or opportunity to do
the same with a like purpose. "Indian hemp" otherwise known as marijuana, cannabis,
Americana, hashish, bhang, guaza, churruz, and ganjah embraces
AJMA files
every kind, class and character of Indian hemp, whether dried or The illegal possession of an opium pipe or other paraphernalia for
fresh, flowering or fruiting tops of the pistillate plant cannabis using any other prohibited drug shall be prima facie evidence that
satival, from which the resin has not been extracted, including all its possessor has used said drug.
other geographic varieties whether used as reefers, resin, extract,
tincture or in any other form whatsoever. Article 194. Prescribing opium unnecessary for a patient. - The
penalty of prision correccional or a fine ranging from 300 to
By narcotic drug is meant a drug that produces a condition of 10,000 pesos, or both shall be imposed upon any physician or
insensibility and melancholy dullness of mind with delusions and dentist who shall prescribe opium for any person whose physical
may be habit-forming. condition does not require the use of the same.
2. Anyone who shall maintain a dive or resort where any Title Six
prohibited drug is used in any form, in violation of the law. CRIMES AGAINST PUBLIC MORALS
Article 191. Keeper, watchman and visitor of opium den. - The Chapter One
penalty of arresto mayor and a fine ranging from 100 to 300 pesos GAMBLING AND BETTING
shall be imposed upon:
Article 195. What acts are punishable in gambling. - (a) The
1. Anyone who shall act as a keeper or watchman of a dive or penalty of arresto mayor or a fine not exceeding two hundred
resort where any prohibited drug is used in any manner contrary pesos, and, in case of recidivism, the penalty of arresto mayor or a
to law; and fine ranging from two hundred or six thousand pesos, shall be
imposed upon:
2. Any person who, not being included in the provisions of the
next preceding article, shall knowingly visit any dive or resort of 1. Any person other than those referred to in subsections (b) and
the character referred to above. (c) who, in any manner shall directly, or indirectly take part in any
game of monte, jueteng or any other form of lottery, policy,
Article 192. Importation and sale of prohibited drugs. - The banking, or percentage game, dog races, or any other game of
penalty of prision correccional in its medium and maximum scheme the result of which depends wholly or chiefly upon chance
periods and a fine ranging from 300 to 10,000 pesos shall be or hazard; or wherein wagers consisting of money, articles of value
imposed upon any person who shall import or bring into the or representative of value are made; or in the exploitation or use of
Philippine Islands any prohibited drug. any other mechanical invention or contrivance to determine by
chance the loser or winner of money or any object or
The same penalty shall be imposed upon any person who shall representative of value.
unlawfully sell or deliver to another prohibited drug.
2. Any person who shall knowingly permit any form of gambling
Article 193. Illegal possession of opium pipe or other referred to in the preceding subdivision to be carried on in any
paraphernalia for the use of any prohibited drug. - The penalty of unhabited or uninhabited place of any building, vessel or other
arresto mayor and a fine not exceeding 500 pesos shall be means of transportation owned or controlled by him. If the place
imposed upon any person who, not being authorized by law, shall where gambling is carried on has the reputation of a gambling
possess any opium pipe or other paraphernalia for smoking, place or that prohibited gambling is frequently carried on therein,
injecting, administering or using opium or any prohibited drug. the culprit shall be punished by the penalty provided for in this
article in its maximum period.
AJMA files
(b) The penalty of prision correccional in its maximum degree maintain or employ a totalizer or other device or scheme for
shall be imposed upon the maintainer, conductor, or banker in a betting on horse races or realizing any profit therefrom.
game of jueteng or any similar game.
For the purposes of this article, any race held in the same day at
(c) The penalty of prision correccional in its medium degree shall the same place shall be held punishable as a separate offense,
be imposed upon any person who shall, knowingly and without and if the same be committed by any partnership, corporation or
lawful purpose, have in his possession and lottery list, paper or association, the president and the directors or managers thereof
other matter containing letters, figures, signs or symbols which shall be deemed to be principals in the offense if they have
pertain to or are in any manner used in the game of jueteng or consented to or knowingly tolerated its commission.
any similar game which has taken place or about to take place.
Article 199. Illegal cockfighting. - The penalty of arresto menor or
Article 196. Importation, sale and possession of lottery tickets or a fine not exceeding 200 pesos, or both, in the discretion of the
advertisements. - The penalty of arresto mayor in its maximum court, shall be imposed upon:
period to prision correccional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the discretion of the 1. Any person who directly or indirectly participates in cockfights,
court, shall be imposed upon any person who shall import into by betting money or other valuable things, or who organizes
the Philippine Islands from any foreign place or port any lottery cockfights at which bets are made, on a day other than those
ticket or advertisement or, in connivance with the importer, shall permitted by law.
sell or distribute the same.
2. Any person who directly or indirectly participates in cockfights,
Any person who shall knowingly and with intent to use them, at a place other than a licensed cockpit.
have in his possession lottery tickets or advertisements, or shall
sell or distribute the same without connivance with the importer Chapter Two
of the same, shall be punished by arresto menor, or a fine not OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
exceeding 200 pesos, or both, in the discretion of the court.
Article 200. Grave scandal. - The penalties of arresto mayor and
The possession of any lottery ticket or advertisement shall be public censure shall be imposed upon any person who shall
prima facie evidence of an intent to sell, distribute or use the offend against decency or good customs by any highly scandalous
same in the Philippine Islands. conduct not expressly falling within any other article of this Code.
Article 197. Betting in sports contests. - The penalty of arresto

menor or a fine not exceeding 200 pesos, or both, shall be Article 201. Immoral doctrines, obscene publications and
imposed upon any person who shall bet money or any object or exhibitions and indecent shows. - The penalty of prision mayor or
article of value or representative of value upon the result of any a fine ranging from six thousand to twelve thousand pesos, or
boxing or other sports contests. both such imprisonment and fine, shall be imposed upon:
Article 198. Illegal betting on horse race. - The penalty of arresto (1) Those who shall publicly expound or proclaim doctrines openly
menor or a fine not exceeding 200 pesos, or both, shall be contrary to public morals;
imposed upon any person who except during the period allowed
by law, shall be on horse races. The penalty of arresto mayor or a (2) (a) the authors of obscene literature, published with their
fine ranging from 200 to 2,000 pesos, or both, shall be imposed knowledge in any form; the editors publishing such literature; and
upon any person who, under the same circumstances, shall the owners/operators of the establishment selling the same;
AJMA files
(b) Those who, in theaters, fairs, cinematographs or any other medium period to prision correccional in its minimum period or a
place, exhibit, indecent or immoral plays, scenes, acts or shows, fine ranging from 200 to 2,000 pesos, or both, in the discretion of
whether live or in film, which are prescribed by virtue hereof, shall the court.
include those which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for violence, lust Title Seven
or pornography; (3) offend any race or religion; (4) tend to abet CRIMES COMMITTED BY PUBLIC OFFICERS
traffic in and use of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs, established policies, Chapter One
lawful orders, decrees and edicts; PRELIMINARY PROVISIONS
(3) Those who shall sell, give away or exhibit films, prints, Article 203. Who are public officers. - For the purpose of applying
engravings, sculpture or literature which are offensive to morals. the provisions of this and the preceding titles of this book, any
(As amended by PD Nos. 960 and 969). person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the
Article 202. Vagrants and prostitutes; Penalty. - The following are performance of public functions in the Government of the
vagrants: Philippine Islands, of shall perform in said Government or in any
of its branches public duties as an employee, agent or subordinate
1. Any person having no apparent means of subsistence, who has official, of any rank or class, shall be deemed to be a public
the physical ability to work and who neglects to apply himself or officer.
herself to some lawful calling;
Chapter Two
2. Any person found loitering about public or semi-public MALFEASANCE AND MISFEASANCE IN OFFICE
buildings or places or trampling or wandering about the country
or the streets without visible means of support; Section One. - Dereliction of duty
3. Any idle or dissolute person who ledges in houses of ill fame; Article 204. Knowingly rendering unjust judgment. - Any judge
ruffians or pimps and those who habitually associate with who shall knowingly render an unjust judgment in any case
prostitutes; submitted to him for decision, shall be punished by prision mayor
and perpetual absolute disqualification.
4. Any person who, not being included in the provisions of other
articles of this Code, shall be found loitering in any inhabited or Article 205. Judgment rendered through negligence. - Any judge
uninhabited place belonging to another without any lawful or who, by reason of inexcusable negligence or ignorance shall
justifiable purpose; render a manifestly unjust judgment in any case submitted to him
for decision shall be punished by arresto mayor and temporary
5. Prostitutes. special disqualification.
For the purposes of this article, women who, for money or profit, Article 206. Unjust interlocutory order. - Any judge who shall
habitually indulge in sexual intercourse or lascivious conduct, are knowingly render an unjust interlocutory order or decree shall
deemed to be prostitutes. suffer the penalty of arresto mayor in its minimum period and
suspension; but if he shall have acted by reason of inexcusable
Any person found guilty of any of the offenses covered by this negligence or ignorance and the interlocutory order or decree be
articles shall be punished by arresto menor or a fine not exceeding manifestly unjust, the penalty shall be suspension.
200 pesos, and in case of recidivism, by arresto mayor in its
AJMA files
Article 207. Malicious delay in the administration of justice. - The officer executed said act, he shall suffer the same penalty provided
penalty of prision correccional in its minimum period shall be in the preceding paragraph; and if said act shall not have been
imposed upon any judge guilty of malicious delay in the accomplished, the officer shall suffer the penalties of prision
administration of justice. correccional, in its medium period and a fine of not less than
twice the value of such gift.
Article 208. Prosecution of offenses; negligence and tolerance. -
The penalty of prision correccional in its minimum period and If the object for which the gift was received or promised was to
suspension shall be imposed upon any public officer, or officer of make the public officer refrain from doing something which it was
the law, who, in dereliction of the duties of his office, shall his official duty to do, he shall suffer the penalties of prision
maliciously refrain from instituting prosecution for the correccional in its maximum period and a fine of not less than the
punishment of violators of the law, or shall tolerate the value of the gift and not less than three times the value of such
commission of offenses. gift.
Article 209. Betrayal of trust by an attorney or solicitor. - In addition to the penalties provided in the preceding paragraphs,
Revelation of secrets. - In addition to the proper administrative the culprit shall suffer the penalty of special temporary
action, the penalty of prision correccional in its minimum period, disqualification.
or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or solicitor ( procurador The provisions contained in the preceding paragraphs shall be
judicial) who, by any malicious breach of professional duty or of made applicable to assessors, arbitrators, appraisal and claim
inexcusable negligence or ignorance, shall prejudice his client, or commissioners, experts or any other persons performing public
reveal any of the secrets of the latter learned by him in his duties. (As amended by Batas Pambansa Blg. 871, approved May
professional capacity. 29, 1985).
The same penalty shall be imposed upon an attorney-at-law or Article 211. Indirect bribery. - The penalties of prision correccional
solicitor (procurador judicial) who, having undertaken the defense in its medium and maximum periods, and public censure shall be
of a client or having received confidential information from said imposed upon any public officer who shall accept gifts offered to
client in a case, shall undertake the defense of the opposing party him by reason of his office. (As amended by Batas Pambansa Blg.
in the same case, without the consent of his first client. 871, approved May 29, 1985).
Section Two. - Bribery Article 211-A. Qualified bribery. - If any public officer is entrusted
with law enforcement and he refrains from arresting or
Article 210. Direct bribery. - Any public officer who shall agree to prosecuting an offender who has committed a crime punishable
perform an act constituting a crime, in connection with the by reclusion perpetua and/or death in consideration of any offer,
performance of this official duties, in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense
promise, gift or present received by such officer, personally or which was not prosecuted.
through the mediation of another, shall suffer the penalty of
prision mayor in its medium and maximum periods and a fine of If it is the public officer who asks or demands such gift or present,
not less than the value of the gift and] not less than three times he shall suffer the penalty of death. (As added by Sec. 4, RA No.
the value of the gift in addition to the penalty corresponding to the 7659).
crime agreed upon, if the same shall have been committed.
Article 212. Corruption of public officials. - The same penalties
If the gift was accepted by the officer in consideration of the imposed upon the officer corrupted, except those of
execution of an act which does not constitute a crime, and the disqualification and suspension, shall be imposed upon any
AJMA files
person who shall have made the offers or promises or given the shall commit any of the frauds or deceits enumerated in said
gifts or presents as described in the preceding articles. provisions.
Chapter Three Article 215. Prohibited transactions. - The penalty of prision

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS correccional in its maximum period or a fine ranging from 200 to
1,000 pesos, or both, shall be imposed upon any appointive public
Article 213. Frauds against the public treasury and similar officer who, during his incumbency, shall directly or indirectly
offenses. - The penalty of prision correccional in its medium become interested in any transaction of exchange or speculation
period to prision mayor in its minimum period, or a fine ranging within the territory subject to his jurisdiction.
from 200 to 10,000 pesos, or both, shall be imposed upon any
public officer who: Article 216. Possession of prohibited interest by a public officer. -
The penalty of arresto mayor in its medium period to prision
1. In his official capacity, in dealing with any person with regard correccional in its minimum period, or a fine ranging from 200 to
to furnishing supplies, the making of contracts, or the adjustment 1,000 pesos, or both, shall be imposed upon a public officer who
or settlement of accounts relating to public property or funds, directly or indirectly, shall become interested in any contract or
shall enter into an agreement with any interested party or business in which it is his official duty to intervene.
speculator or make use of any other scheme, to defraud the
Government; This provisions is applicable to experts, arbitrators and private
accountants who, in like manner, shall take part in any contract
2. Being entrusted with the collection of taxes, licenses, fees and or transaction connected with the estate or property in appraisal,
other imposts, shall be guilty or any of the following acts or distribution or adjudication of which they shall have acted, and to
omissions: the guardians and executors with respect to the property
belonging to their wards or estate.
(a) Demanding, directly, or indirectly, the payment of sums
different from or larger than those authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by law, for

any sum of money collected by him officially.
Chapter Four
(c) Collecting or receiving, directly or indirectly, by way of payment MALVERSATION OF PUBLIC FUNDS OR PROPERTY
or otherwise things or objects of a nature different from that
provided by law. Article 217. Malversation of public funds or property; Presumption
of malversation. - Any public officer who, by reason of the duties
When the culprit is an officer or employee of the Bureau of of his office, is accountable for public funds or property, shall
Internal Revenue or the Bureau of Customs, the provisions of the appropriate the same or shall take or misappropriate or shall
Administrative Code shall be applied. consent, through abandonment or negligence, shall permit any
other person to take such public funds, or property, wholly or
Article 214. Other frauds. - In addition to the penalties prescribed partially, or shall otherwise be guilty of the misappropriation or
in the provisions of Chapter Six, Title Ten, Book Two, of this Code, malversation of such funds or property, shall suffer:
the penalty of temporary special disqualification in its maximum
period to perpetual special disqualification shall be imposed upon 1. The penalty of prision correccional in its medium and
any public officer who, taking advantage of his official position, maximum periods, if the amount involved in the misappropriation
or malversation does not exceed two hundred pesos.
AJMA files
Article 220. Illegal use of public funds or property. - Any public

2. The penalty of prision mayor in its minimum and medium officer who shall apply any public fund or property under his
periods, if the amount involved is more than two hundred pesos administration to any public use other than for which such fund
but does not exceed six thousand pesos. or property were appropriated by law or ordinance shall suffer the
penalty of prision correccional in its minimum period or a fine
3. The penalty of prision mayor in its maximum period to ranging from one-half to the total of the sum misapplied, if by
reclusion temporal in its minimum period, if the amount involved reason of such misapplication, any damages or embarrassment
is more than six thousand pesos but is less than twelve thousand shall have resulted to the public service. In either case, the
pesos. offender shall also suffer the penalty of temporary special
disqualification.
4. The penalty of reclusion temporal, in its medium and maximum
periods, if the amount involved is more than twelve thousand If no damage or embarrassment to the public service has resulted,
pesos but is less than twenty-two thousand pesos. If the amount the penalty shall be a fine from 5 to 50 per cent of the sum
exceeds the latter, the penalty shall be reclusion temporal in its misapplied.
maximum period to reclusion perpetua.
Article 221. Failure to make delivery of public funds or property. -
In all cases, persons guilty of malversation shall also suffer the Any public officer under obligation to make payment from
penalty of perpetual special disqualification and a fine equal to the Government funds in his possession, who shall fail to make such
amount of the funds malversed or equal to the total value of the payment, shall be punished by arresto mayor and a fine from 5 to
property embezzled. 25 per cent of the sum which he failed to pay.
The failure of a public officer to have duly forthcoming any public This provision shall apply to any public officer who, being ordered
funds or property with which he is chargeable, upon demand by by competent authority to deliver any property in his custody or
any duly authorized officer, shall be prima facie evidence that he under his administration, shall refuse to make such delivery.
has put such missing funds or property to personal use. (As
amended by RA 1060). The fine shall be graduated in such case by the value of the thing,
provided that it shall not less than 50 pesos.
Article 218. Failure of accountable officer to render accounts. -
Any public officer, whether in the service or separated therefrom Article 222. Officers included in the preceding provisions. - The
by resignation or any other cause, who is required by law or provisions of this chapter shall apply to private individuals who in
regulation to render account to the Insular Auditor, or to a any capacity whatever, have charge of any insular, provincial or
provincial auditor and who fails to do so for a period of two municipal funds, revenues, or property and to any administrator
months after such accounts should be rendered, shall be or depository of funds or property attached, seized or deposited by
punished by prision correccional in its minimum period, or by a public authority, even if such property belongs to a private
fine ranging from 200 to 6,000 pesos, or both. individual.
Article 219. Failure of a responsible public officer to render Chapter Five

accounts before leaving the country. - Any public officer who INFIDELITY OF PUBLIC OFFICERS
unlawfully leaves or attempts to leave the Philippine Islands
without securing a certificate from the Insular Auditor showing Section One. - Infidelity in the custody of prisoners
that his accounts have been finally settled, shall be punished by
arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.
AJMA files
Article 223. Conniving with or consenting to evasion. - Any public In either case, the additional penalty of temporary special
officer who shall consent to the escape of a prisoner in his custody disqualification in its maximum period to perpetual
or charge, shall be punished: disqualification shall be imposed.
1. By prision correccional in its medium and maximum periods Article 227. Officer breaking seal. - Any public officer charged with
and temporary special disqualification in its maximum period to the custody of papers or property sealed by proper authority, who
perpetual special disqualification, if the fugitive shall have been shall break the seals or permit them to be broken, shall suffer the
sentenced by final judgment to any penalty. penalties of prision correccional in its minimum and medium
periods, temporary special disqualification and a fine not
2. By prision correccional in its minimum period and temporary exceeding 2,000 pesos.
special disqualification, in case the fugitive shall not have been
finally convicted but only held as a detention prisoner for any Article 228. Opening of closed documents. - Any public officer not
crime or violation of law or municipal ordinance. included in the provisions of the next preceding article who,
without proper authority, shall open or shall permit to be opened
Article 224. Evasion through negligence. - If the evasion of the any closed papers, documents or objects entrusted to his custody,
prisoner shall have taken place through the negligence of the shall suffer the penalties or arresto mayor, temporary special
officer charged with the conveyance or custody of the escaping disqualification and a fine of not exceeding 2,000 pesos.
prisoner, said officer shall suffer the penalties of arresto mayor in
its maximum period to prision correccional in its minimum period Section Three. - Revelation of secrets
and temporary special disqualification.
Article 229. Revelation of secrets by an officer. - Any public officer
Article 225. Escape of prisoner under the custody of a person not who shall reveal any secret known to him by reason of his official
a public officer. - Any private person to whom the conveyance or capacity, or shall wrongfully deliver papers or copies of papers of
custody or a prisoner or person under arrest shall have been which he may have charge and which should not be published,
confided, who shall commit any of the offenses mentioned in the shall suffer the penalties of prision correccional in its medium and
two preceding articles, shall suffer the penalty next lower in maximum periods, perpetual special disqualification and a fine
degree than that prescribed for the public officer. not exceeding 2,000 pesos if the revelation of such secrets or the
delivery of such papers shall have caused serious damage to the
Section Two. - Infidelity in the custody of document public interest; otherwise, the penalties of prision correccional in
its minimum period, temporary special disqualification and a fine
Article 226. Removal, concealment or destruction of documents. - not exceeding 50 pesos shall be imposed.
Any public officer who shall remove, destroy or conceal documents
or papers officially entrusted to him, shall suffer: Article 230. Public officer revealing secrets of private individual. -
Any public officer to whom the secrets of any private individual
1. The penalty of prision mayor and a fine not exceeding 1,000 shall become known by reason of his office who shall reveal such
pesos, whenever serious damage shall have been caused thereby secrets, shall suffer the penalties of arresto mayor and a fine not
to a third party or to the public interest. exceeding 1,000 pesos.
2. The penalty of prision correccional in its minimum and medium Chapter Six
period and a fine not exceeding 1,000 pesos, whenever the OTHER OFFENSES OR IRREGULARITIES BY PUBLIC
damage to a third party or to the public interest shall not have OFFICERS
been serious.
AJMA files
Article 231. Open disobedience. - Any judicial or executive officer

who shall openly refuse to execute the judgment, decision or order If the purpose of the maltreatment is to extort a confession, or to
of any superior authority made within the scope of the jurisdiction obtain some information from the prisoner, the offender shall be
of the latter and issued with all the legal formalities, shall suffer punished by prision correccional in its minimum period,
the penalties of arresto mayor in its medium period to prision temporary special disqualification and a fine not exceeding 500
correccional in its minimum period, temporary special pesos, in addition to his liability for the physical injuries or
disqualification in its maximum period and a fine not exceeding damage caused.
1,000 pesos.
Section Two. - Anticipation, prolongation and abandonment of the
Article 232. Disobedience to order of superior officers, when said duties and powers of public office.
order was suspended by inferior officer. - Any public officer who,
having for any reason suspended the execution of the orders of his Article 236. Anticipation of duties of a public office. - Any person
superiors, shall disobey such superiors after the latter have who shall assume the performance of the duties and powers of
disapproved the suspension, shall suffer the penalties of prision any public officer or employment without first being sworn in or
correccional in its minimum and medium periods and perpetual having given the bond required by law, shall be suspended from
special disqualification. such office or employment until he shall have complied with the
respective formalities and shall be fined from 200 to 500 pesos.
Article 233. Refusal of assistance. - The penalties of arresto mayor
in its medium period to prision correccional in its minimum Article 237. Prolonging performance of duties and powers. - Any
period, perpetual special disqualification and a fine not exceeding public officer shall continue to exercise the duties and powers of
1,000 pesos, shall be imposed upon a public officer who, upon his office, employment or commission, beyond the period provided
demand from competent authority, shall fail to lend his by law, regulation or special provisions applicable to the case,
cooperation towards the administration of justice or other public shall suffer the penalties of prision correccional in its minimum
service, if such failure shall result in serious damage to the public period, special temporary disqualification in its minimum period
interest, or to a third party; otherwise, arresto mayor in its and a fine not exceeding 500 pesos.
medium and maximum periods and a fine not exceeding 500
pesos shall be imposed. Article 238. Abandonment of office or position. - Any public officer
who, before the acceptance of his resignation, shall abandon his
Article 234. Refusal to discharge elective office. - The penalty of office to the detriment of the public service shall suffer the penalty
arresto mayor or a fine not exceeding 1,000 pesos, or both, shall of arresto mayor.
be imposed upon any person who, having been elected by popular
election to a public office, shall refuse without legal motive to be If such office shall have been abandoned in order to evade the
sworn in or to discharge the duties of said office. discharge of the duties of preventing, prosecuting or punishing
any of the crime falling within Title One, and Chapter One of Title
Article 235. Maltreatment of prisoners. - The penalty of arresto Three of Book Two of this Code, the offender shall be punished by
mayor in its medium period to prision correccional in its prision correccional in its minimum and medium periods, and by
minimum period, in addition to his liability for the physical arresto mayor if the purpose of such abandonment is to evade the
injuries or damage caused, shall be imposed upon any public duty of preventing, prosecuting or punishing any other crime.
officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention prisoner under his charge, by Section Three. - Usurpation of powers and unlawful appointments
the imposition of punishment not authorized by the regulations,
or by inflicting such punishment in a cruel and humiliating Article 239. Usurpation of legislative powers. - The penalties of
manner. prision correccional in its minimum period, temporary special
AJMA files
disqualification and a fine not exceeding 1,000 pesos, shall be

imposed upon any public officer who shall encroach upon the 1. Upon any public officer who shall solicit or make immoral or
powers of the legislative branch of the Government, either by indecent advances to a woman interested in matters pending
making general rules or regulations beyond the scope of his before such officer for decision, or with respect to which he is
authority, or by attempting to repeal a law or suspending the required to submit a report to or consult with a superior officer;
execution thereof.
2. Any warden or other public officer directly charged with the
Article 240. Usurpation of executive functions. - Any judge who care and custody of prisoners or persons under arrest who shall
shall assume any power pertaining to the executive authorities, or solicit or make immoral or indecent advances to a woman under
shall obstruct the latter in the lawful exercise of their powers, his custody.
shall suffer the penalty of arresto mayor in its medium period to
prision correccional in its minimum period. If the person solicited be the wife, daughter, sister of relative
within the same degree by affinity of any person in the custody of
Article 241. Usurpation of judicial functions. - The penalty of such warden or officer, the penalties shall be prision correccional
arresto mayor in its medium period to prision correccional in its in its minimum and medium periods and temporary special
minimum period and shall be imposed upon any officer of the disqualification.
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. Title Eight
CRIMES AGAINST PERSONS
Article 242. Disobeying request for disqualification. - Any public
officer who, before the question of jurisdiction is decided, shall Chapter One
continue any proceeding after having been lawfully required to DESTRUCTION OF LIFE
refrain from so doing, shall be punished by arresto mayor and a
fine not exceeding 500 pesos. Section One. - Parricide, murder, homicide
Article 243. Orders or requests by executive officers to any judicial Article 246. Parricide. - Any person who shall kill his father,
authority. - Any executive officer who shall address any order or mother, or child, whether legitimate or illegitimate, or any of his
suggestion to any judicial authority with respect to any case or ascendants, or descendants, or his spouse, shall be guilty of
business coming within the exclusive jurisdiction of the courts of parricide and shall be punished by the penalty of reclusion
justice shall suffer the penalty of arresto mayor and a fine not perpetua to death.
exceeding 500 pesos.
Article 247. Death or physical injuries inflicted under exceptional
Article 244. Unlawful appointments. - Any public officer who shall circumstances. - Any legally married person who having surprised
knowingly nominate or appoint to any public office any person his spouse in the act of committing sexual intercourse with
lacking the legal qualifications therefor, shall suffer the penalty of another person, shall kill any of them or both of them in the act or
arresto mayor and a fine not exceeding 1,000 pesos. immediately thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro.
Section Four. - Abuses against chastity
If he shall inflict upon them physical injuries of any other kind, he
Article 245. Abuses against chastity; Penalties. - The penalties of shall be exempt from punishment.
prision correccional in its medium and maximum periods and
temporary special disqualification shall be imposed:
AJMA files
These rules shall be applicable, under the same circumstances, to

parents with respect to their daughters under eighteen years of Article 250. Penalty for frustrated parricide, murder or homicide. -
age, and their seducer, while the daughters are living with their The courts, in view of the facts of the case, may impose upon the
parents. person guilty of the frustrated crime of parricide, murder or
homicide, defined and penalized in the preceding articles, a
Any person who shall promote or facilitate the prostitution of his penalty lower by one degree than that which should be imposed
wife or daughter, or shall otherwise have consented to the under the provision of Article 50.
infidelity of the other spouse shall not be entitled to the benefits of
this article. The courts, considering the facts of the case, may likewise reduce
by one degree the penalty which under Article 51 should be
Article 248. Murder. - Any person who, not falling within the imposed for an attempt to commit any of such crimes.
provisions of Article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusion temporal in its Article 251. Death caused in a tumultuous affray. - When, while
maximum period to death, if committed with any of the following several persons, not composing groups organized for the common
attendant circumstances: purpose of assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and tumultuous
1. With treachery, taking advantage of superior strength, with the manner, and in the course of the affray someone is killed, and it
aid of armed men, or employing means to weaken the defense or cannot be ascertained who actually killed the deceased, but the
of means or persons to insure or afford impunity. person or persons who inflicted serious physical injuries can be
identified, such person or persons shall be punished by prision
2. In consideration of a price, reward, or promise. mayor.
3. By means of inundation, fire, poison, explosion, shipwreck, If it cannot be determined who inflicted the serious physical
stranding of a vessel, derailment or assault upon a street car or injuries on the deceased, the penalty of prision correccional in its
locomotive, fall of an airship, by means of motor vehicles, or with medium and maximum periods shall be imposed upon all those
the use of any other means involving great waste and ruin. who shall have used violence upon the person of the victim.
Article 252. Physical injuries inflicted in a tumultuous affray. -

4. On occasion of any of the calamities enumerated in the When in a tumultuous affray as referred to in the preceding
preceding paragraph, or of an earthquake, eruption of a volcano, article, only serious physical injuries are inflicted upon the
destructive cyclone, epidemic or other public calamity. participants thereof and the person responsible thereof cannot be
identified, all those who appear to have used violence upon the
5. With evident premeditation. person of the offended party shall suffer the penalty next lower in
degree than that provided for the physical injuries so inflicted.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or When the physical injuries inflicted are of a less serious nature
corpse. and the person responsible therefor cannot be identified, all those
who appear to have used any violence upon the person of the
Article 249. Homicide. - Any person who, not falling within the offended party shall be punished by arresto mayor from five to
provisions of Article 246, shall kill another without the attendance fifteen days.
of any of the circumstances enumerated in the next preceding
article, shall be deemed guilty of homicide and be punished by Article 253. Giving assistance to suicide. - Any person who shall
reclusion temporal. assist another to commit suicide shall suffer the penalty of prision
AJMA files
mayor; if such person leads his assistance to another to the extent upon any person who shall cause an abortion by violence, but
of doing the killing himself, he shall suffer the penalty of reclusion unintentionally.
temporal.
Article 258. Abortion practiced by the woman herself of by her
However, if the suicide is not consummated, the penalty of arresto parents. - The penalty of prision correccional in its medium and
mayor in its medium and maximum periods, shall be imposed. maximum periods shall be imposed upon a woman who shall
practice abortion upon herself or shall consent that any other
Article 254. Discharge of firearms. - Any person who shall shoot at person should do so.
another with any firearm shall suffer the penalty of prision
correccional in its minimum and medium periods, unless the facts Any woman who shall commit this offense to conceal her
of the case are such that the act can be held to constitute dishonor, shall suffer the penalty of prision correccional in its
frustrated or attempted parricide, murder, homicide or any other minimum and medium periods.
crime for which a higher penalty is prescribed by any of the
articles of this Code. 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
Section Two. - Infanticide and abortion. the purpose of concealing her dishonor, the offenders shall suffer
the penalty of prision correccional in its medium and maximum
Article 255. Infanticide. - The penalty provided for parricide in periods.
Article 246 and for murder in Article 248 shall be imposed upon
any person who shall kill any child less than three days of age. Article 259. Abortion practiced by a physician or midwife and
dispensing of abortives. - The penalties provided in Article 256
If the crime penalized in this article be committed by the mother shall be imposed in its maximum period, respectively, upon any
of the child for the purpose of concealing her dishonor, she shall physician or midwife who, taking advantage of their scientific
suffer the penalty of prision correccional in its medium and knowledge or skill, shall cause an abortion or assist in causing
maximum periods, and if said crime be committed for the same the same.
purpose by the maternal grandparents or either of them, the
penalty shall be prision mayor. Any pharmacist who, without the proper prescription from a
physician, shall dispense any abortive shall suffer arresto mayor
Article 256. Intentional abortion. - Any person who shall and a fine not exceeding 1,000 pesos.
intentionally cause an abortion shall suffer:
Section Three. - Duel
1. The penalty of reclusion temporal, if he shall use any violence
upon the person of the pregnant woman. Article 260. Responsibility of participants in a duel. - The penalty
of reclusion temporal shall be imposed upon any person who shall
2. The penalty of prision mayor if, without using violence, he shall kill his adversary in a duel.
act without the consent of the woman.
If he shall inflict upon the latter physical injuries only, he shall
3. The penalty of prision correccional in its medium and suffer the penalty provided therefor, according to their nature.
maximum periods, if the woman shall have consented.
In any other case, the combatants shall suffer the penalty of
Article 257. Unintentional abortion. - The penalty of prision arresto mayor, although no physical injuries have been inflicted.
correccional in its minimum and medium period shall be imposed
The seconds shall in all events be punished as accomplices.
AJMA files
4. The penalty of arresto mayor in its maximum period to prision

Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period, if the physical injuries
correccional in its minimum period shall be imposed upon any inflicted shall have caused the illness or incapacity for labor of the
person who shall challenge another, or incite another to give or injured person for more than thirty days.
accept a challenge to a duel, or shall scoff at or decry another
publicly for having refused to accept a challenge to fight a duel. If the offense shall have been committed against any of the
persons enumerated in Article 246, or with attendance of any of
Chapter Two the circumstances mentioned in Article 248, the case covered by
PHYSICAL INJURIES subdivision number 1 of this Article shall be punished by
reclusion temporal in its medium and maximum periods; the case
Article 262. Mutilation. - The penalty of reclusion temporal to covered by subdivision number 2 by prision correccional in its
reclusion perpetua shall be imposed upon any person who shall maximum period to prision mayor in its minimum period; the case
intentionally mutilate another by depriving him, either totally or covered by subdivision number 3 by prision correccional in its
partially, or some essential organ of reproduction. medium and maximum periods; and the case covered by
subdivision number 4 by prision correccional in its minimum and
Any other intentional mutilation shall be punished by prision medium periods.
mayor in its medium and maximum periods.
The provisions of the preceding paragraph shall not be applicable
Article 263. Serious physical injuries. - Any person who shall to a parent who shall inflict physical injuries upon his child by
wound, beat, or assault another, shall be guilty of the crime of excessive chastisement.
serious physical injuries and shall suffer:
Article 264. Administering injurious substances or beverages. -
1. The penalty of prision mayor, if in consequence of the physical The penalties established by the next preceding article shall be
injuries inflicted, the injured person shall become insane, applicable in the respective case to any person who, without
imbecile, impotent, or blind; intent to kill, shall inflict upon another any serious, physical
injury, by knowingly administering to him any injurious
2. The penalty of prision correccional in its medium and substance or beverages or by taking advantage of his weakness of
maximum periods, if in consequence of the physical injuries mind or credulity.
inflicted, the person injured shall have lost the use of speech or
the power to hear or to smell, or shall have lost an eye, a hand, a Article 265. Less serious physical injuries. - Any person who shall
foot, an arm, or a leg or shall have lost the use of any such inflict upon another physical injuries not described in the
member, or shall have become incapacitated for the work in which preceding articles, but which shall incapacitate the offended party
he was therefor habitually engaged; for labor for ten days or more, or shall require medical assistance
for the same period, shall be guilty of less serious physical injuries
3. The penalty of prision correccional in its minimum and medium and shall suffer the penalty of arresto mayor.
periods, if in consequence of the physical injuries inflicted, the
person injured shall have become deformed, or shall have lost any Whenever less serious physical injuries shall have been inflicted
other part of his body, or shall have lost the use thereof, or shall with the manifest intent to kill or offend the injured person, or
have been ill or incapacitated for the performance of the work in under circumstances adding ignominy to the offense in addition to
which he as habitually engaged for a period of more than ninety the penalty of arresto mayor, a fine not exceeding 500 pesos shall
days; be imposed.
AJMA files
Any less serious physical injuries inflicted upon the offender's 3. If any serious physical injuries shall have been inflicted upon
parents, ascendants, guardians, curators, teachers, or persons of the person kidnapped or detained; or if threats to kill him shall
rank, or persons in authority, shall be punished by prision have been made.
correccional in its minimum and medium periods, provided that,
in the case of persons in authority, the deed does not constitute 4. If the person kidnapped or detained shall be a minor, female or
the crime of assault upon such person. a public officer.
Article 266. Slight physical injuries and maltreatment. - The crime The penalty shall be death where the kidnapping or detention was
of slight physical injuries shall be punished: committed for the purpose of extorting ransom from the victim or
any other person, even if none of the circumstances above-
1. By arresto menor when the offender has inflicted physical mentioned were present in the commission of the offense.
injuries which shall incapacitate the offended party for labor from
one to nine days, or shall require medical attendance during the Article 268. Slight illegal detention. - The penalty of reclusion
same period. temporal shall be imposed upon any private individual who shall
commit the crimes described in the next preceding article without
2. By arresto menor or a fine not exceeding 20 pesos and censure the attendance of any of circumstances enumerated therein.
when the offender has caused physical injuries which do not
prevent the offended party from engaging in his habitual work nor The same penalty shall be incurred by anyone who shall furnish
require medical assistance. the place for the perpetration of the crime.
3. By arresto menor in its minimum period or a fine not exceeding If the offender shall voluntarily release the person so kidnapped or
50 pesos when the offender shall ill-treat another by deed without detained within three days from the commencement of the
causing any injury. detention, without having attained the purpose intended, and
before the institution of criminal proceedings against him, the
Title Nine penalty shall be prision mayor in its minimum and medium
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY periods and a fine not exceeding seven hundred pesos.
Chapter One Article 269. Unlawful arrest. - The penalty of arresto mayor and a
CRIMES AGAINST LIBERTY fine not exceeding 500 pesos shall be imposed upon any person
who, in any case other than those authorized by law, or without
Section One. - Illegal Detention reasonable ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.
Article 267. Kidnapping and serious illegal detention. - Any private
individual who shall kidnap or detain another, or in any other Section Two. - Kidnapping of minors
manner deprive him of his liberty, shall suffer the penalty of
reclusion perpetua to death: Article 270. Kidnapping and failure to return a minor. - The
penalty of reclusion perpetua shall be imposed upon any person
1. If the kidnapping or detention shall have lasted more than five who, being entrusted with the custody of a minor person, shall
days. deliberately fail to restore the latter to his parents or guardians.
2. If it shall have been committed simulating public authority.

Article 271. Inducing a minor to abandon his home. - The penalty
of prision correccional and a fine not exceeding seven hundred
AJMA files
pesos shall be imposed upon anyone who shall induce a minor to

abandon the home of his parent or guardians or the persons 1. Any one who shall fail to render assistance to any person whom
entrusted with his custody. he shall find in an uninhabited place wounded or in danger of
dying, when he can render such assistance without detriment to
If the person committing any of the crimes covered by the two himself, unless such omission shall constitute a more serious
preceding articles shall be the father or the mother of the minor, offense.
the penalty shall be arresto mayor or a fine not exceeding three
hundred pesos, or both. 2. Anyone who shall fail to help or render assistance to another
whom he has accidentally wounded or injured.
Section Three. - Slavery and Servitude
3. Anyone who, having found an abandoned child under seven
Article 272. Slavery. - The penalty of prision mayor and a fine of years of age, shall fail to deliver said child to the authorities or to
not exceeding 10,000 pesos shall be imposed upon anyone who his family, or shall fail to take him to a safe place.
shall purchase, sell, kidnap or detain a human being for the
purpose of enslaving him. Article 276. Abandoning a minor. - The penalty of arresto mayor
and a fine not exceeding 500 pesos shall be imposed upon any
If the crime be committed for the purpose of assigning the one who shall abandon a child under seven years of age, the
offended party to some immoral traffic, the penalty shall be custody of which is incumbent upon him.
imposed in its maximum period.
When the death of the minor shall result from such abandonment,
Article 273. Exploitation of child labor. - The penalty of prision the culprit shall be punished by prision correccional in its
correccional in its minimum and medium periods and a fine not medium and maximum periods; but if the life of the minor shall
exceeding 500 pesos shall be imposed upon anyone who, under have been in danger only, the penalty shall be prision correccional
the pretext of reimbursing himself of a debt incurred by an in its minimum and medium periods.
ascendant, guardian or person entrusted with the custody of a
minor, shall, against the latter's will, retain him in his service. The provisions contained in the two preceding paragraphs shall
not prevent the imposition of the penalty provided for the act
Article 274. Services rendered under compulsion in payment of committed, when the same shall constitute a more serious
debt. - The penalty of arresto mayor in its maximum period to offense.
prision correccional in its minimum period shall be imposed upon
any person who, in order to require or enforce the payment of a Article 277. Abandonment of minor by person entrusted with his
debt, shall compel the debtor to work for him, against his will, as custody; indifference of parents. - The penalty of arresto mayor
household servant or farm laborer. and a fine not exceeding 500 pesos shall be imposed upon anyone
who, having charge of the rearing or education of a minor, shall
Chapter Two deliver said minor to a public institution or other persons, without
CRIMES AGAINST SECURITY the consent of the one who entrusted such child to his care or in
the absence of the latter, without the consent of the proper
Section One. - Abandonment of helpless persons and exploitation authorities.
of minors.
The same penalty shall be imposed upon the parents who shall
Article 275. Abandonment of person in danger and abandonment neglect their children by not giving them the education which
of one's own victim. - The penalty of arresto mayor shall be their station in life require and financial conditions permit.
imposed upon:
AJMA files
Article 278. Exploitation of minors. - The penalty of prision penalty provided for any other felonies defined and punished by
correccional in its minimum and medium periods and a fine not this Code.
exceeding 500 pesos shall be imposed upon:
Section Two. - Trespass to dwelling
1. Any person who shall cause any boy or girl under sixteen years
of age to perform any dangerous feat of balancing, physical Article 280. Qualified trespass to dwelling. - Any private person
strength, or contortion. who shall enter the dwelling of another against the latter's will
shall be punished by arresto mayor and a fine not exceeding
2. Any person who, being an acrobat, gymnast, rope-walker, diver, 1,000 pesos.
wild-animal tamer or circus manager or engaged in a similar
calling, shall employ in exhibitions of these kinds children under If the offense be committed by means of violence or intimidation,
sixteen years of age who are not his children or descendants. the penalty shall be prision correccional in its medium and
maximum periods and a fine not exceeding 1,000 pesos.
3. Any person engaged in any of the callings enumerated in the
next paragraph preceding who shall employ any descendant of his The provisions of this article shall not be applicable to any person
under twelve years of age in such dangerous exhibitions. who shall enter another's dwelling for the purpose of preventing
some serious harm to himself, the occupants of the dwelling or a
4. Any ascendant, guardian, teacher or person entrusted in any third person, nor shall it be applicable to any person who shall
capacity with the care of a child under sixteen years of age, who enter a dwelling for the purpose of rendering some service to
shall deliver such child gratuitously to any person following any of humanity or justice, nor to anyone who shall enter cafes, taverns,
the callings enumerated in paragraph 2 hereof, or to any habitual inn and other public houses, while the same are open.
vagrant or beggar.
Article 281. Other forms of trespass. - The penalty of arresto
If the delivery shall have been made in consideration of any price, menor or a fine not exceeding 200 pesos, or both, shall be
compensation, or promise, the penalty shall in every case be imposed upon any person who shall enter the closed premises or
imposed in its maximum period. the fenced estate of another, while either or them are uninhabited,
if the prohibition to enter be manifest and the trespasser has not
In either case, the guardian or curator convicted shall also be secured the permission of the owner or the caretaker thereof.
removed from office as guardian or curator; and in the case of the
parents of the child, they may be deprived, temporarily or Section Three. - Threats and Coercion
perpetually, in the discretion of the court, of their parental
authority. Article 282. Grave threats. - Any person who shall threaten
another with the infliction upon the person, honor or property of
5. Any person who shall induce any child under sixteen years of the latter or of his family of any wrong amounting to a crime, shall
age to abandon the home of its ascendants, guardians, curators, suffer:
or teachers to follow any person engaged in any of the callings
mentioned in paragraph 2 hereof, or to accompany any habitual 1. The penalty next lower in degree than that prescribed by law for
vagrant or beggar. the crime be threatened to commit, if the offender shall have made
the threat demanding money or imposing any other condition,
Article 279. Additional penalties for other offenses. - The even though not unlawful, and said offender shall have attained
imposition of the penalties prescribed in the preceding articles, his purpose. If the offender shall not have attained his purpose,
shall not prevent the imposition upon the same person of the the penalty lower by two degrees shall be imposed.
AJMA files
If the threat be made in writing or through a middleman, the If the coercion be committed for the purpose of compelling another
penalty shall be imposed in its maximum period. to perform any religious act or to prevent him from so doing, the
penalty next higher in degree shall be imposed.
2. The penalty of arresto mayor and a fine not exceeding 500
pesos, if the threat shall not have been made subject to a Article 287. Light coercions. - Any person who, by means of
condition. violence, shall seize anything belonging to his debtor for the
purpose of applying the same to the payment of the debt, shall
Article 283. Light threats. - Any threat to commit a wrong not suffer the penalty of arresto mayor in its minimum period and a
constituting a crime, made in the manner expressed in fine equivalent to the value of the thing, but in no case less than
subdivision 1 of the next preceding article, shall be punished by 75 pesos.
arresto mayor.
Any other coercions or unjust vexations shall be punished by
Article 284. Bond for good behavior. - In all cases falling within arresto menor or a fine ranging from 5 pesos to 200 pesos, or
the two next preceding articles, the person making the threats both.
may also be required to give bail not to molest the person
threatened, or if he shall fail to give such bail, he shall be Article 288. Other similar coercions; (Compulsory purchase of
sentenced to destierro. merchandise and payment of wages by means of tokens.) - The
penalty of arresto mayor or a fine ranging from 200 to 500 pesos,
Article 285. Other light threats. - The penalty of arresto menor in or both, shall be imposed upon any person, agent or officer, of any
its minimum period or a fine not exceeding 200 pesos shall be association or corporation who shall force or compel, directly or
imposed upon: indirectly, or shall knowingly permit any laborer or employee
employed by him or by such firm or corporation to be forced or
1. Any person who, without being included in the provisions of the compelled, to purchase merchandise or commodities of any kind.
next preceding article, shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be in lawful self-defense. The same penalties shall be imposed upon any person who shall
pay the wages due a laborer or employee employed by him, by
2. Any person who, in the heat of anger, shall orally threaten means of tokens or objects other than the legal tender currency of
another with some harm not constituting a crime, and who by the laborer or employee.
subsequent acts show that he did not persist in the idea involved
in his threat, provided that the circumstances of the offense shall Article 289. Formation, maintenance and prohibition of
not bring it within the provisions of Article 282 of this Code. combination of capital or labor through violence or threats. - The
penalty of arresto mayor and a fine not exceeding 300 pesos shall
3. Any person who shall orally threaten to do another any harm be imposed upon any person who, for the purpose of organizing,
not constituting a felony. maintaining or preventing coalitions or capital or labor, strike of
laborers or lock-out of employees, shall employ violence or threats
Article 286. Grave coercions. - The penalty of arresto mayor and a in such a degree as to compel or force the laborers or employers in
fine not exceeding 500 pesos shall be imposed upon any person the free and legal exercise of their industry or work, if the act shall
who, without authority of law, shall, by means of violence, prevent not constitute a more serious offense in accordance with the
another from doing something not prohibited by law, or compel provisions of this Code.
him to do something against his will, whether it be right or wrong.
Chapter Three
DISCOVERY AND REVELATION OF SECRETS
AJMA files
Article 290. Discovering secrets through seizure of Article 294. Robbery with violence against or intimidation of
correspondence. - The penalty of prision correccional in its persons; Penalties. - Any person guilty of robbery with the use of
minimum and medium periods and a fine not exceeding 500 pesos violence against or intimidation of any person shall suffer:
shall be imposed upon any private individual who in order to
discover the secrets of another, shall seize his papers or letters 1. The penalty of reclusion perpetua to death, when by reason or
and reveal the contents thereof. on occasion of the robbery, the crime of homicide shall have been
committed.
If the offender shall not reveal such secrets, the penalty shall be
arresto mayor and a fine not exceeding 500 pesos. 2. The penalty of reclusion temporal in its medium period to
reclusion perpetua when the robbery shall have been
The provision shall not be applicable to parents, guardians, or accompanied by rape or intentional mutilation, or if by reason or
persons entrusted with the custody of minors with respect to the on occasion of such robbery, any of the physical injuries penalized
papers or letters of the children or minors placed under their care in subdivision 1 of Article 263 shall have been inflicted; Provided,
or study, nor to spouses with respect to the papers or letters of however, that when the robbery accompanied with rape is
either of them. committed with a use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death (As
Article 291. Revealing secrets with abuse of office. - The penalty of amended by PD No. 767).
arresto mayor and a fine not exceeding 500 pesos shall be
imposed upon any manager, employee, or servant who, in such 3. The penalty of reclusion temporal, when by reason or on
capacity, shall learn the secrets of his principal or master and occasion of the robbery, any of the physical injuries penalized in
shall reveal such secrets. subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.
Article 292. Revelation of industrial secrets. - The penalty of
prision correccional in its minimum and medium periods and a 4. The penalty of prision mayor in its maximum period to
fine not exceeding 500 pesos shall be imposed upon the person in reclusion temporal in its medium period, if the violence or
charge, employee or workman of any manufacturing or industrial intimidation employed in the commission of the robbery shall
establishment who, to the prejudice of the owner thereof, shall have been carried to a degree clearly unnecessary for the
reveal the secrets of the industry of the latter. commission of the crime, or when the course of its execution, the
offender shall have inflicted upon any person not responsible for
Title Ten its commission any of the physical injuries covered by sub-
CRIMES AGAINST PROPERTY divisions 3 and 4 of said Article 23.
Chapter One 5. The penalty of prision correccional in its maximum period to

ROBBERY IN GENERAL prision mayor in its medium period in other cases. (As amended
by R. A. 18).
Article 293. Who are guilty of robbery. - Any person who, with
intent to gain, shall take any personal property belonging to Article 295. Robbery with physical injuries, committed in an
another, by means of violence or intimidation of any person, or uninhabited place and by a band, or with the use of firearm on a
using force upon anything shall be guilty of robbery. street, road or alley. - If the offenses mentioned in subdivisions
three, four, and five of the next preceding article shall have been
Section One. - Robbery with violence or intimidation of persons. committed in an uninhabited place or 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,
AJMA files
taking the passengers thereof by surprise in the respective to religious worship, shall be punished by reclusion temporal, if
conveyances, or on a street, road, highway, or alley, and the the value of the property taken shall exceed 250 pesos, and if:
intimidation is made with the use of a firearm, the offender shall
be punished by the maximum period of the proper penalties. (a) The malefactors shall enter the house or building in which the
robbery was
In the same cases, the penalty next higher in degree shall be
imposed upon the leader of the band. committed, by any of the following means:
Article 296. Definition of a band and penalty incurred by the 1. Through a opening not intended for entrance or egress.
members thereof. - When more than three armed malefactors take
part in the commission of a robbery, it shall be deemed to have 2. By breaking any wall, roof, or floor or breaking any door or
been committed by a band. When any of the arms used in the window.
commission of the offense be an unlicensed firearm, the penalty to
be imposed upon all the malefactors shall be the maximum of the 3. By using false keys, picklocks or similar tools.
corresponding penalty provided by law, without prejudice of the
criminal liability for illegal possession of such unlicensed firearms. 4. By using any fictitious name or pretending the exercise of
public authority.
Any member of a band who is present at the commission of a
robbery by the band, shall be punished as principal of any of the Or if -
assaults committed by the band, unless it be shown that he
attempted to prevent the same. (b) The robbery be committed under any of the following
circumstances:
Article 297. Attempted and frustrated robbery committed under
certain circumstances. - When by reason or on occasion of an 1. By the breaking of doors, wardrobes, chests, or any other kind
attempted or frustrated robbery a homicide is committed, the of locked or sealed furniture or receptacle;
person guilty of such offenses shall be punished by reclusion
temporal in its maximum period to reclusion perpetua, unless the 2. By taking such furniture or objects to be broken or forced open
homicide committed shall deserve a higher penalty under the outside the place of the robbery.
provisions of this Code.
When the offenders do not carry arms, and the value of the
Article 298. Execution of deeds by means of violence or property taken exceeds 250 pesos, the penalty next lower in
intimidation. - Any person who, with intent to defraud another, by degree shall be imposed.
means of violence or intimidation, shall compel him to sign,
execute or deliver any public instrument or documents, shall be The same rule shall be applied when the offenders are armed, but
held guilty of robbery and punished by the penalties respectively the value of the property taken does not exceed 250 pesos.
prescribed in this Chapter.
When said offenders do not carry arms and the value of the
Section Two. - Robbery by the use of force upon things property taken does not exceed 250 pesos, they shall suffer the
penalty prescribed in the two next preceding paragraphs, in its
Article 299. Robbery in an inhabited house or public building or minimum period.
edifice devoted to worship. - Any armed person who shall commit
robbery in an inhabited house or public building or edifice devoted If the robbery be committed in one of the dependencies of an
inhabited house, public building, or building dedicated to
AJMA files
religious worship, the penalties next lower in degree than those 2. If any wall, roof, flour or outside door or window has been
prescribed in this article shall be imposed. broken.
Article 300. Robbery in an uninhabited place and by a band. - The 3. If the entrance has been effected through the use of false keys,
robbery mentioned in the next preceding article, if committed in picklocks or other similar tools.
an uninhabited place and by a band, shall be punished by the
maximum period of the penalty provided therefor. 4. If any dorm, wardrobe, chest or by sealed or closed furniture or
receptacle has been broken.
Article 301. What is an inhabited house, public building or
building dedicated to religious worship and their dependencies. - 5. If any closed or sealed receptacle, as mentioned in the
Inhabited house means any shelter, ship or vessel constituting the preceding paragraph, has been removed even if the same to
dwelling of one or more persons, even though the inhabitants broken open elsewhere.
thereof shall temporarily be absent therefrom when the robbery is
committed. When the value of the property takes does not exceed 250 pesos,
the penalty next lower in degree shall be imposed.
All interior courts, corrals, waterhouses, granaries, barns, coach-
houses, stables or other departments or inclosed places In the cases specified in Articles 294, 295, 297, 299, 300, and 302
contiguous to the building or edifice, having an interior entrance of this Code, when the property taken is mail matter or large
connected therewith, and which form part of the whole, shall be cattle, the offender shall suffer the penalties next higher in degree
deemed dependencies of an inhabited house, public building or than those provided in said articles.
building dedicated to religious worship.
Article 303. Robbery of cereals, fruits, or firewood in an
Orchards and other lands used for cultivation or production are uninhabited place or private building. - In the cases enumerated
not included in the terms of the next preceding paragraph, even if in Articles 299 and 302, when the robbery consists in the taking
closed, contiguous to the building and having direct connection of cereals, fruits, or firewood, the culprit shall suffer the penalty
therewith. next lower in degree than that prescribed in said articles.
The term "public building" includes every building owned by the Article 304. Possession of picklocks or similar tools. - Any person
Government or belonging to a private person not included used or who shall without lawful cause have in his possession picklocks
rented by the Government, although temporarily unoccupied by or similar tools especially adopted to the commission of the crime
the same. of robbery, shall be punished by arresto mayor in its maximum
period to prision correccional in its minimum period.
Article 302. Robbery is an uninhabited place or in a private
building. - Any robbery committed in an uninhabited place or in a The same penalty shall be imposed upon any person who shall
building other than those mentioned in the first paragraph of make such tools. If the offender be a locksmith, he shall suffer the
Article 299, if the value of the property taken exceeds 250 pesos, penalty of prision correccional in its medium and maximum
shall be punished by prision correccional if any of the following periods.
circumstances is present:
Article 305. False keys. - The term "false keys" shall be deemed to
1. If the entrance has been effected through any opening not include:
intended for entrance or egress.
1. The tools mentioned in the next preceding articles.
AJMA files
2. Genuine keys stolen from the owner. Article 308. Who are liable for theft. - Theft is committed by any
person who, with intent to gain but without violence against or
3. Any keys other than those intended by the owner for use in the intimidation of persons nor force upon things, shall take personal
lock forcibly opened by the offender. property of another without the latter's consent.
Chapter Two Theft is likewise committed by:

BRIGANDAGE
1. Any person who, having found lost property, shall fail to deliver
Article 306. Who are brigands; Penalty. - When more than three the same to the local authorities or to its owner;
armed persons form a band of robbers for the purpose of
committing robbery in the highway, or kidnapping persons for the 2. Any person who, after having maliciously damaged the property
purpose of extortion or to obtain ransom or for any other purpose of another, shall remove or make use of the fruits or object of the
to be attained by means of force and violence, they shall be damage caused by him; and
deemed highway robbers or brigands.
3. Any person who shall enter an inclosed estate or a field where
Persons found guilty of this offense shall be punished by prision trespass is forbidden or which belongs to another and without the
mayor in its medium period to reclusion temporal in its minimum consent of its owner, shall hunt or fish upon the same or shall
period if the act or acts committed by them are not punishable by gather cereals, or other forest or farm products.
higher penalties, in which case, they shall suffer such high
penalties. Article 309. Penalties. - Any person guilty of theft shall be
punished by:
If any of the arms carried by any of said persons be an unlicensed
firearms, it shall be presumed that said persons are highway 1. The penalty of prision mayor in its minimum and medium
robbers or brigands, and in case of convictions the penalty shall periods, if the value of the thing stolen is more than 12,000 pesos
be imposed in the maximum period. but does not exceed 22,000 pesos, but if the value of the thing
stolen exceeds the latter amount the penalty shall be the
Article 307. Aiding and abetting a band of brigands. - Any person maximum period of the one prescribed in this paragraph, and one
knowingly and in any manner aiding, abetting or protecting a year for each additional ten thousand pesos, but the total of the
band of brigands as described in the next preceding article, or penalty which may be imposed shall not exceed twenty years. In
giving them information of the movements of the police or other such cases, and in connection with the accessory penalties which
peace officers of the Government (or of the forces of the United may be imposed and for the purpose of the other provisions of this
States Army), when the latter are acting in aid of the Government, Code, the penalty shall be termed prision mayor or reclusion
or acquiring or receiving the property taken by such brigands temporal, as the case may be.
shall be punished by prision correccional in its medium period to
prision mayor in its minimum period. 2. The penalty of prision correccional in its medium and
maximum periods, if the value of the thing stolen is more than
It shall be presumed that the person performing any of the acts 6,000 pesos but does not exceed 12,000 pesos.
provided in this article has performed them knowingly, unless the
contrary is proven. 3. The penalty of prision correccional in its minimum and medium
periods, if the value of the property stolen is more than 200 pesos
Chapter Three but does not exceed 6,000 pesos.
THEFT
AJMA files
4. Arresto mayor in its medium period to prision correccional in USURPATION

its minimum period, if the value of the property stolen is over 50
pesos but does not exceed 200 pesos. Article 312. Occupation of real property or usurpation of real
rights in property. - Any person who, by means of violence against
5. Arresto mayor to its full extent, if such value is over 5 pesos but or intimidation of persons, shall take possession of any real
does not exceed 50 pesos. property or shall usurp any real rights in property belonging to
another, in addition to the penalty incurred for the acts of violence
6. Arresto mayor in its minimum and medium periods, if such executed by him, shall be punished by a fine from 50 to 100 per
value does not exceed 5 pesos. centum of the gain which he shall have obtained, but not less
than 75 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is
committed under the circumstances enumerated in paragraph 3 If the value of the gain cannot be ascertained, a fine of from 200 to
of the next preceding article and the value of the thing stolen does 500 pesos shall be imposed.
not exceed 5 pesos. If such value exceeds said amount, the
provision of any of the five preceding subdivisions shall be made Article 313. Altering boundaries or landmarks. - Any person who
applicable. shall alter the boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to designate
8. Arresto menor in its minimum period or a fine not exceeding 50 the boundaries of the same, shall be punished by arresto menor
pesos, when the value of the thing stolen is not over 5 pesos, and or a fine not exceeding 100 pesos, or both.
the offender shall have acted under the impulse of hunger,
poverty, or the difficulty of earning a livelihood for the support of Chapter Five
himself or his family. CULPABLE INSOLVENCY
Article 310. Qualified theft. - The crime of theft shall be punished Article 314. Fraudulent insolvency. - Any person who shall
by the penalties next higher by two degrees than those abscond with his property to the prejudice of his creditors, shall
respectively specified in the next preceding article, if committed by suffer the penalty of prision mayor, if he be a merchant and the
a domestic servant, or with grave abuse of confidence, or if the penalty of prision correccional in its maximum period to prision
property stolen is motor vehicle, mail matter or large cattle or mayor in its medium period, if he be not a merchant.
consists of coconuts taken from the premises of the plantation or
fish taken from a fishpond or fishery, or if property is taken on the Chapter Six
occasion of fire, earthquake, typhoon, volcanic erruption, or any SWINDLING AND OTHER DECEITS
other calamity, vehicular accident or civil disturbance. (As
amended by R.A. 120 and B.P. Blg. 71. May 1, 1980). Article 315. Swindling (estafa). - Any person who shall defraud
another by any of the means mentioned hereinbelow shall be
Article 311. Theft of the property of the National Library and punished by:
National Museum. - If the property stolen be any property of the
National Library or the National Museum, the penalty shall be 1st. The penalty of prision correccional in its maximum period to
arresto mayor or a fine ranging from 200 to 500 pesos, or both, prision mayor in its minimum period, if the amount of the fraud is
unless a higher penalty should be provided under other provisions over 12,000 pesos but does not exceed 22,000 pesos, and if such
of this Code, in which case, the offender shall be punished by amount exceeds the latter sum, the penalty provided in this
such higher penalty. paragraph shall be imposed in its maximum period, adding one
year for each additional 10,000 pesos; but the total penalty which
Chapter Four may be imposed shall not exceed twenty years. In such cases, and
AJMA files
in connection with the accessory penalties which may be imposed

under the provisions of this Code, the penalty shall be termed (b) By altering the quality, fineness or weight of anything
prision mayor or reclusion temporal, as the case may be. pertaining to his art or business.
2nd. The penalty of prision correccional in its minimum and (c) By pretending to have bribed any Government employee,
medium periods, if the amount of the fraud is over 6,000 pesos without prejudice to the action for calumny which the offended
but does not exceed 12,000 pesos; party may deem proper to bring against the offender. In this case,
the offender shall be punished by the maximum period of the
3rd. The penalty of arresto mayor in its maximum period to penalty.
prision correccional in its minimum period if such amount is over
200 pesos but does not exceed 6,000 pesos; and (d) By post-dating a check, or issuing a check in payment of an
obligation when the offender therein were not sufficient to cover
4th. By arresto mayor in its maximum period, if such amount the amount of the check. The failure of the drawer of the check to
does not exceed 200 pesos, provided that in the four cases deposit the amount necessary to cover his check within three (3)
mentioned, the fraud be committed by any of the following means: days from receipt of notice from the bank and/or the payee or
holder that said check has been dishonored for lack of
1. With unfaithfulness or abuse of confidence, namely: insufficiency of funds shall be prima facie evidence of deceit
constituting false pretense or fraudulent act. (As amended by R.A.
(a) By altering the substance, quantity, or quality or anything of 4885, approved June 17, 1967.)
value which the offender shall deliver by virtue of an obligation to
do so, even though such obligation be based on an immoral or (e) By obtaining any food, refreshment or accommodation at a
illegal consideration. hotel, inn, restaurant, boarding house, lodging house, or
apartment house and the like without paying therefor, with intent
(b) By misappropriating or converting, to the prejudice of another, to defraud the proprietor or manager thereof, or by obtaining
money, goods, or any other personal property received by the credit at hotel, inn, restaurant, boarding house, lodging house, or
offender in trust or on commission, or for administration, or apartment house by the use of any false pretense, or by
under any other obligation involving the duty to make delivery of abandoning or surreptitiously removing any part of his baggage
or to return the same, even though such obligation be totally or from a hotel, inn, restaurant, boarding house, lodging house or
partially guaranteed by a bond; or by denying having received apartment house after obtaining credit, food, refreshment or
such money, goods, or other property. accommodation therein without paying for his food, refreshment
or accommodation.
(c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such 3. Through any of the following fraudulent means:
signature in blank, to the prejudice of the offended party or of any
third person. (a) By inducing another, by means of deceit, to sign any
document.
2. By means of any of the following false pretenses or fraudulent
acts executed prior to or simultaneously with the commission of (b) By resorting to some fraudulent practice to insure success in a
the fraud: gambling game.
(a) By using fictitious name, or falsely pretending to possess (c) By removing, concealing or destroying, in whole or in part, any
power, influence, qualifications, property, credit, agency, business court record, office files, document or any other papers.
or imaginary transactions, or by means of other similar deceits.
AJMA files
Article 316. Other forms of swindling. - The penalty of arresto more than twice such amount shall be imposed upon any person
mayor in its minimum and medium period and a fine of not less who shall defraud or damage another by any other deceit not
than the value of the damage caused and not more than three mentioned in the preceding articles of this chapter.
times such value, shall be imposed upon:
Any person who, for profit or gain, shall interpret dreams, make
1. Any person who, pretending to be owner of any real property, forecasts, tell fortunes, or take advantage of the credulity of the
shall convey, sell, encumber or mortgage the same. public in any other similar manner, shall suffer the penalty of
arresto mayor or a fine not exceeding 200 pesos.
2. Any person, who, knowing that real property is encumbered,
shall dispose of the same, although such encumbrance be not Chapter Seven
recorded. CHATTEL MORTGAGE
3. The owner of any personal property who shall wrongfully take it Article 319. Removal, sale or pledge of mortgaged property. - The
from its lawful possessor, to the prejudice of the latter or any third penalty or arresto mayor or a fine amounting to twice the value of
person. the property shall be imposed upon:
4. Any person who, to the prejudice of another, shall execute any 1. Any person who shall knowingly remove any personal property
fictitious contract. mortgaged under the Chattel Mortgage Law to any province or city
other than the one in which it was located at the time of the
5. Any person who shall accept any compensation given him execution of the mortgage, without the written consent of the
under the belief that it was in payment of services rendered or mortgagee, or his executors, administrators or assigns.
labor performed by him, when in fact he did not actually perform
such services or labor. 2. Any mortgagor who shall sell or pledge personal property
already pledged, or any part thereof, under the terms of the
6. Any person who, while being a surety in a bond given in a Chattel Mortgage Law, without the consent of the mortgagee
criminal or civil action, without express authority from the court written on the back of the mortgage and noted on the record
or before the cancellation of his bond or before being relieved from hereof in the office of the Register of Deeds of the province where
the obligation contracted by him, shall sell, mortgage, or, in any such property is located.
other manner, encumber the real property or properties with
which he guaranteed the fulfillment of such obligation. Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
Article 317. Swindling a minor. - Any person who taking
advantage of the inexperience or emotions or feelings of a minor, Article 320. Destructive arson. - The penalty of reclusion temporal
to his detriment, shall induce him to assume any obligation or to in its maximum period to reclusion perpetua shall be imposed
give any release or execute a transfer of any property right in upon any person who shall burn:
consideration of some loan of money, credit or other personal
property, whether the loan clearly appears in the document or is 1. Any arsenal, shipyard, storehouse or military powder or
shown in any other form, shall suffer the penalty of arresto mayor fireworks factory, ordinance, storehouse, archives or general
and a fine of a sum ranging from 10 to 50 per cent of the value of museum of the Government.
the obligation contracted by the minor.
2. Any passenger train or motor vehicle in motion or vessel out of
Article 318. Other deceits. - The penalty of arresto mayor and a port.
fine of not less than the amount of the damage caused and not
AJMA files
3. In an inhabited place, any storehouse or factory of inflammable

or explosive materials. (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or
any similar plantation is set on fire and the damage caused
Article 321. Other forms of arson. - When the arson consists in exceeds 6,000 pesos; and
the burning of other property and under the circumstances given
hereunder, the offender shall be punishable: (d) If grain fields, pasture lands, or forests, or plantings are set on
fire, and the damage caused exceeds 6,000 pesos.
1. By reclusion temporal or reclusion perpetua:
3. By prision mayor:
(a) if the offender shall set fire to any building, farmhouse,
warehouse, hut, shelter, or vessel in port, knowing it to be (a) If the value of the damage caused in the case mentioned in
occupied at the time by one or more persons; paragraphs (a),
(b) If the building burned is a public building and value of the (c), and (d) in the next preceding subdivision does not exceed
damage caused exceeds 6,000 pesos; 6,000 pesos;
(c) If the building burned is a public building and the purpose is (b) If a building not used as a dwelling or place of assembly,
to destroy evidence kept therein to be used in instituting located in a populated place, is set on fire, and the damage caused
prosecution for the punishment of violators of the law, irrespective exceeds 6,000 pesos;
of the amount of the damage;
4. By prision correccional in its maximum period to prision mayor
(d) If the building burned is a public building and the purpose is in its medium period:
to destroy evidence kept therein to be used in legislative, judicial
or administrative proceedings, irrespective of the amount of the (a) If a building used as dwelling located in an uninhabited place
damage; Provided, however, That if the evidence destroyed is to be is set on fire and the damage caused exceeds 1,000 pesos;
used against the defendant for the prosecution of any crime
punishable under existing laws, the penalty shall be reclusion (b) If the value or the damage caused in the case mentioned in
perpetua; paragraphs (c) and (d) of subdivision 2 of this article does not
exceed 200 pesos.
(e) If the arson shall have been committed with the intention of
collecting under an insurance policy against loss or damage by 5. By prision correccional in its medium period to prision mayor
fire. in its minimum period, when the damage caused is over 200
pesos but does not exceed 1,000 pesos, and the property referred
2. By reclusion temporal: to in paragraph (a) of the preceding subdivision is set on fire; but
when the value of such property does not exceed 200 pesos, the
(a) If an inhabited house or any other building in which people are penalty next lower in degree than that prescribed in this
accustomed to meet is set on fire, and the culprit did not know subdivision shall be imposed.
that such house or building was occupied at the time, or if he
shall set fire to a moving freight train or motor vehicle, and the 6. The penalty of prision correccional in its medium and
value of the damage caused exceeds 6,000 pesos; maximum periods, if the damage caused in the case mentioned in
paragraph (b) of subdivision 3 of this article does not exceed 6,000
(b) If the value of the damage caused in paragraph (b) of the pesos but is over 200 pesos.
preceding subdivision does not exceed 6,000 pesos;
AJMA files
7. The penalty of prision correccional in its minimum and medium or those of any other system, and, in general, by using any other
periods, if the damage caused in the case mentioned paragraph (b) agency or means of destruction as effective as those above
subdivision 3 of this article does not exceed 200 pesos. enumerated, shall be punished by reclusion temporal if the
commission has endangered the safety of any person, otherwise,
8. The penalty of arresto mayor and a fine ranging from fifty to the penalty of prision mayor shall be imposed.
one hundred per centum if the damage caused shall be imposed,
when the property burned consists of grain fields, pasture lands, Article 325. Burning one's own property as means to commit
forests, or plantations when the value of such property does not arson. - Any person guilty of arson or causing great destruction of
exceed 200 pesos. (As amended by R.A. 5467, approved May 12, the property belonging to another shall suffer the penalties
1969). prescribed in this chapter, even though he shall have set fire to or
destroyed his own property for the purposes of committing the
Article 322. Cases of arson not included in the preceding articles. crime.
- Cases of arson not included in the next preceding articles shall
be punished: Article 326. Setting fire to property exclusively owned by the
offender. - If the property burned shall be the exclusive property of
1. By arresto mayor in its medium and maximum periods, when the offender, he shall be punished by arresto mayor in its
the damage caused does not exceed 50 pesos; maximum period to prision correccional in its minimum period, if
the arson shall have been committed for the purpose of
2. By arresto mayor in its maximum period to prision correccional defrauding or causing damage to another, or prejudice shall
in its minimum period, when the damage caused is over 50 pesos actually have been caused, or if the thing burned shall have been
but does not exceed 200 pesos; a building in an inhabited place.
3. By prision correccional in its minimum and medium periods, if Article 326-A. In cases where death resulted as a consequence of
the damage caused is over 200 pesos but does not exceed 1,000 arson. - If death resulted as a consequence of arson committed on
pesos; and any of the properties and under any of the circumstances
mentioned in the preceding articles, the court shall impose the
4. By prision correccional in its medium and maximum periods, if death penalty.
it is over 1,000 pesos.
Article 326-B. Prima facie evidence of arson. - Any of the following
Article 323. Arson of property of small value. - The arson of any circumstances shall constitute prima facie evidence of arson:
uninhabited hut, storehouse, barn, shed, or any other property
the value of which does not exceed 25 pesos, committed at a time 1. If after the fire, are found materials or substances soaked in
or under circumstances which clearly exclude all danger of the fire gasoline, kerosene, petroleum, or other inflammables, or any
spreading, shall not be punished by the penalties respectively mechanical, electrical chemical or traces or any of the foregoing.
prescribed in this chapter, but in accordance with the damage
caused and under the provisions of the following chapter. 2. That substantial amount of inflammable substance or materials
were stored within the building not necessary in the course of the
Article 324. Crimes involving destruction. - Any person who shall defendant's business; and
cause destruction by means of explosion, discharge of electric
current, inundation, sinking or stranding of a vessel, intentional 3. That the fire started simultaneously in more than one part of
damaging of the engine of said vessel, taking up the rails from a the building or locale under circumstances that cannot normally
railway track, maliciously changing railway signals for the safety be due to accidental or unintentional causes: Provided, however,
of moving trains, destroying telegraph wires and telegraph posts,
AJMA files
That at least one of the following is present in any of the three 1. By arresto mayor in its medium and maximum periods, if the
above-mentioned circumstances: value of the damage caused exceeds 1,000 pesos;
(a) That the total insurance carried on the building and/or goods 2. By arresto mayor in its minimum and medium periods, if such
is more than 80 per cent of the value of such building and/or value is over 200 pesos but does not exceed 1,000 pesos; and
goods at the time of the fire;
3. By arresto menor or fine of not less than the value of the
(b) That the defendant after the fire has presented a fraudulent damage caused and not more than 200 pesos, if the amount
claim for loss. involved does not exceed 200 pesos or cannot be estimated.
The penalty of prision correccional shall be imposed on one who Article 330. Damage and obstruction to means of communication.
plants the articles above-mentioned, in order to secure a - The penalty of prision correccional in its medium and maximum
conviction, or as a means of extortion or coercion. (As amended by periods shall be imposed upon any person who shall damage any
R.A. 5467, approved May 12, 1969). railway, telegraph or telephone lines.
Chapter Nine If the damage shall result in any derailment of cars, collision or
MALICIOUS MISCHIEF other accident, the penalty of prision mayor shall be imposed,
without prejudice to the criminal liability of the offender for the
Article 327. Who are liable for malicious mischief. - Any person other consequences of his criminal act.
who shall deliberately cause the property of another any damage
not falling within the terms of the next preceding chapter shall be For the purpose of the provisions of the article, the electric wires,
guilty of malicious mischief. traction cables, signal system and other things pertaining to
railways, shall be deemed to constitute an integral part of a
Article 328. Special cases of malicious mischief. - Any person who railway system.
shall cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive substance; or Article 331. Destroying or damaging statues, public monuments
spreading any infection or contagion among cattle; or who cause or paintings. - Any person who shall destroy or damage statues or
damage to the property of the National Museum or National any other useful or ornamental public monument shall suffer the
Library, or to any archive or registry, waterworks, road, penalty of arresto mayor in its medium period to prision
promenade, or any other thing used in common by the public, correccional in its minimum period.
shall be punished:
Any person who shall destroy or damage any useful or ornamental
1. By prision correccional in its minimum and medium periods, if painting of a public nature shall suffer the penalty of arresto
the value of the damage caused exceeds 1,000 pesos; menor or a fine not exceeding 200 pesos, or both such fine and
imprisonment, in the discretion of the court.
2. By arresto mayor, if such value does not exceed the
abovementioned amount but it is over 200 pesos; and Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST
3. By arresto menor, in such value does not exceed 200 pesos. PROPERTY
Article 329. Other mischiefs. - The mischiefs not included in the Article 332. Persons exempt from criminal liability. - No criminal,
next preceding article shall be punished: but only civil liability, shall result from the commission of the
AJMA files
crime of theft, swindling or malicious mischief committed or The concubine shall suffer the penalty of destierro.
caused mutually by the following persons:
Chapter Two
1. Spouses, ascendants and descendants, or relatives by affinity RAPE AND ACTS OF LASCIVIOUSNESS
in the same line.
Article 335. When and how rape is committed. - Rape is
2. The widowed spouse with respect to the property which committed by having carnal knowledge of a woman under any of
belonged to the deceased spouse before the same shall have the following circumstances:
passed into the possession of another; and
1. By using force or intimidation;
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together. 2. When the woman is deprived of reason or otherwise
unconscious; and
The exemption established by this article shall not be applicable
to strangers participating in the commission of the crime. 3. When the woman is under twelve years of age, even though
neither of the circumstances mentioned in the two next preceding
Title Eleven paragraphs shall be present.
CRIMES AGAINST CHASTITY
The crime of rape shall be punished by reclusion perpetua.
Chapter One
ADULTERY AND CONCUBINAGE 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
Article 333. Who are guilty of adultery. - Adultery is committed by perpetua to death.
any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her When by reason or on the occasion of the rape, the victim has
knowing her to be married, even if the marriage be subsequently become insane, the penalty shall be death.
declared void.
When rape is attempted or frustrated and a homicide is
Adultery shall be punished by prision correccional in its medium committed by reason or on the occasion thereof, the penalty shall
and maximum periods. be likewise death.
If the person guilty of adultery committed this offense while being When by reason or on the occasion of the rape, a homicide is
abandoned without justification by the offended spouse, the committed, the penalty shall be death. (As amended by R.A. 2632,
penalty next lower in degree than that provided in the next approved June 18, 1960, and R.A. 4111, approved June 20,
preceding paragraph shall be imposed. 1964).
Article 334. Concubinage. - Any husband who shall keep a Article 336. Acts of lasciviousness. - Any person who shall commit
mistress in the conjugal dwelling, or shall have sexual any act of lasciviousness upon other persons of either sex, under
intercourse, under scandalous circumstances, with a woman who any of the circumstances mentioned in the preceding article, shall
is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional.
be punished by prision correccional in its minimum and medium
periods. Chapter Three
AJMA files
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE of any other for the purpose of prostitution (As amended by Batas
TRADE Pambansa Blg. 186.)
Article 337. Qualified seduction. - The seduction of a virgin over Chapter Four
twelve years and under eighteen years of age, committed by any ABDUCTION
person in public authority, priest, home-servant, domestic,
guardian, teacher, or any person who, in any capacity, shall be Article 342. Forcible abduction. - The abduction of any woman
entrusted with the education or custody of the woman seduced, against her will and with lewd designs shall be punished by
shall be punished by prision correccional in its minimum and reclusion temporal.
medium periods.
The same penalty shall be imposed in every case, if the female
The penalty next higher in degree shall be imposed upon any abducted be under twelve years of age.
person who shall seduce his sister or descendant, whether or not
she be a virgin or over eighteen years of age. Article 343. Consented abduction. - The abduction of a virgin over
twelve years and under eighteen years of age, carried out with her
Under the provisions of this Chapter, seduction is committed consent and with lewd designs, shall be punished by the penalty
when the offender has carnal knowledge of any of the persons and of prision correccional in its minimum and medium periods.
under the circumstances described herein.
Chapter Five
Article 338. Simple seduction. - The seduction of a woman who is PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF
single or a widow of good reputation, over twelve but under TITLE ELEVEN
eighteen years of age, committed by means of deceit, shall be
punished by arresto mayor. Article 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts of lasciviousness. - The
Article 339. Acts of lasciviousness with the consent of the offended crimes of adultery and concubinage shall not be prosecuted
party. - The penalty of arresto mayor shall be imposed to punish except upon a complaint filed by the offended spouse.
any other acts of lasciviousness committed by the same persons
and the same circumstances as those provided in Articles 337 and The offended party cannot institute criminal prosecution without
338. including both the guilty parties, if they are both alive, nor, in any
case, if he shall have consented or pardoned the offenders.
Article 340. Corruption of minors. - Any person who shall promote
or facilitate the prostitution or corruption of persons underage to The offenses of seduction, abduction, rape or acts of
satisfy the lust of another, shall be punished by prision mayor, lasciviousness, shall not be prosecuted except upon a complaint
and if the culprit is a pubic officer or employee, including those in filed by the offended party or her parents, grandparents, or
government-owned or controlled corporations, he shall also suffer guardian, nor, in any case, if the offender has been expressly
the penalty of temporary absolute disqualification. (As amended pardoned by the above named persons, as the case may be.
by Batas Pambansa Blg. 92).
In cases of seduction, abduction, acts of lasciviousness and rape,
Article 341. White slave trade. - The penalty of prision mayor in its the marriage of the offender with the offended party shall
medium and maximum period shall be imposed upon any person extinguish the criminal action or remit the penalty already
who, in any manner, or under any pretext, shall engage in the imposed upon him. The provisions of this paragraph shall also be
business or shall profit by prostitution or shall enlist the services applicable to the co-principals, accomplices and accessories after
the fact of the above-mentioned crimes.
AJMA files
The simulation of births and the substitution of one child for

Article 345. Civil liability of persons guilty of crimes against another shall be punished by prision mayor and a fine of not
chastity. - Person guilty of rape, seduction or abduction, shall also exceeding 1,000 pesos.
be sentenced:
The same penalties shall be imposed upon any person who shall
1. To indemnify the offended woman. conceal or abandon any legitimate child with intent to cause such
child to lose its civil status.
2. To acknowledge the offspring, unless the law should prevent
him from so doing. Any physician or surgeon or public officer who, in violation of the
duties of his profession or office, shall cooperate in the execution
3. In every case to support the offspring. of any of the crimes mentioned in the two next preceding
paragraphs, shall suffer the penalties therein prescribed and also
The adulterer and the concubine in the case provided for in the penalty of temporary special disqualification.
Articles 333 and 334 may also be sentenced, in the same
proceeding or in a separate civil proceeding, to indemnify for Article 348. Usurpation of civil status. - The penalty of prision
damages caused to the offended spouse. 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 346. Liability of ascendants, guardians, teachers, or other the offended part or his heirs; otherwise, the penalty of prision
persons entrusted with the custody of the offended party. - The correccional in its medium and maximum periods shall be
ascendants, guardians, curators, teachers and any person who, imposed.
by abuse of authority or confidential relationships, shall cooperate
as accomplices in the perpetration of the crimes embraced in Chapter Two
chapters, second, third and fourth, of this title, shall be punished ILLEGAL MARRIAGES
as principals.
Article 349. Bigamy. - The penalty of prision mayor shall be
Teachers or other persons in any other capacity entrusted with imposed upon any person who shall contract a second or
the education and guidance of youth, shall also suffer the penalty subsequent marriage before the former marriage has been legally
of temporary special disqualification in its maximum period to dissolved, or before the absent spouse has been declared
perpetual special disqualification. presumptively dead by means of a judgment rendered in the
proper proceedings.
Any person falling within the terms of this article, and any other
person guilty of corruption of minors for the benefit of another, Article 350. Marriage contracted against provisions of laws. - The
shall be punished by special disqualification from filling the office penalty of prision correccional in its medium and maximum
of guardian. periods shall be imposed upon any person who, without being
included in the provisions of the next proceeding article, shall
Title Twelve have not been complied with or that the marriage is in disregard
CRIMES AGAINST THE CIVIL STATUS OF PERSONS of a legal impediment.
Chapter one If either of the contracting parties shall obtain the consent of the
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS other by means of violence, intimidation or fraud, he shall be
punished by the maximum period of the penalty provided in the
Article 347. Simulation of births, substitution of one child for next preceding paragraph.
another and concealment or abandonment of a legitimate child. -
AJMA files
Article 351. Premature marriages. - Any widow who shall marry proceedings which are not of confidential nature, or of any
within three hundred and one day from the date of the death of statement, report or speech delivered in said proceedings, or of
her husband, or before having delivered if she shall have been any other act performed by public officers in the exercise of their
pregnant at the time of his death, shall be punished by arresto functions.
mayor and a fine not exceeding 500 pesos.
Article 355. Libel means by writings or similar means. - A libel
The same penalties shall be imposed upon any woman whose committed by means of writing, printing, lithography, engraving,
marriage shall have been annulled or dissolved, if she shall marry radio, phonograph, painting, theatrical exhibition,
before her delivery or before the expiration of the period of three cinematographic exhibition, or any similar means, shall be
hundred and one day after the legal separation. punished by prision correccional in its minimum and medium
periods or a fine ranging from 200 to 6,000 pesos, or both, in
Article 352. Performance of illegal marriage ceremony. - Priests or addition to the civil action which may be brought by the offended
ministers of any religious denomination or sect, or civil authorities party.
who shall perform or authorize any illegal marriage ceremony
shall be punished in accordance with the provisions of the Article 356. Threatening to publish and offer to present such
Marriage Law. publication for a compensation. - The penalty of arresto mayor or
a fine from 200 to 2,000 pesos, or both, shall be imposed upon
any person who threatens another to publish a libel concerning
him or the parents, spouse, child, or other members of the family
Title Thirteen of the latter or upon anyone who shall offer to prevent the
CRIMES AGAINST HONOR publication of such libel for a compensation or money
consideration.
Chapter One
LIBEL Article 357. Prohibited publication of acts referred to in the course
of official proceedings. - The penalty of arresto mayor or a fine of
Section One. - Definitions, forms, and punishment of this crime. from 20 to 2,000 pesos, or both, shall be imposed upon any
reporter, editor or manager or a newspaper, daily or magazine,
Article 353. Definition of libel. - A libel is public and malicious who shall publish facts connected with the private life of another
imputation of a crime, or of a vice or defect, real or imaginary, or and offensive to the honor, virtue and reputation of said person,
any act, omission, condition, status, or circumstance tending to even though said publication be made in connection with or under
cause the dishonor, discredit, or contempt of a natural or juridical the pretext that it is necessary in the narration of any judicial or
person, or to blacken the memory of one who is dead. administrative proceedings wherein such facts have been
mentioned.
Article 354. Requirement for publicity. - Every defamatory
imputation is presumed to be malicious, even if it be true, if no Article 358. Slander. - Oral defamation shall be punished by
good intention and justifiable motive for making it is shown, arresto mayor in its maximum period to prision correccional in its
except in the following cases: minimum period if it is of a serious and insulting nature;
otherwise the penalty shall be arresto menor or a fine not
1. A private communication made by any person to another in the exceeding 200 pesos.
performance of any legal, moral or social duty; and
Article 359. Slander by deed. - The penalty of arresto mayor in its
2. A fair and true report, made in good faith, without any maximum period to prision correccional in its minimum period or
comments or remarks, of any judicial, legislative or other official a fine ranging from 200 to 1,000 pesos shall be imposed upon any
AJMA files
person who shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or contempt upon Preliminary investigation of criminal action for written
another person. If said act is not of a serious nature, the penalty defamations as provided for in the chapter shall be conducted by
shall be arresto menor or a fine not exceeding 200 pesos. the provincial or city fiscal of the province or city, or by the
municipal court of the city or capital of the province where such
Section Two. - General provisions action may be instituted in accordance with the provisions of this
article.
Article 360. Persons responsible. - Any person who shall publish,
exhibit, or cause the publication or exhibition of any defamation No criminal action for defamation which consists in the
in writing or by similar means, shall be responsible for the same. imputation of a crime which cannot be prosecuted de oficio shall
be brought except at the instance of and upon complaint
The author or editor of a book or pamphlet, or the editor or expressly filed by the offended party. (As amended by R.A. 1289,
business manager of a daily newspaper, magazine or serial approved June 15, 1955, R.A. 4363, approved June 19, 1965).
publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof. Article 361. Proof of the truth. - In every criminal prosecution for
libel, the truth may be given in evidence to the court and if it
The criminal and civil action for damages in cases of written appears that the matter charged as libelous is true, and,
defamations as provided for in this chapter, shall be filed moreover, that it was published with good motives and for
simultaneously or separately with the court of first instance of the justifiable ends, the defendants shall be acquitted.
province or city where the libelous article is printed and first
published or where any of the offended parties actually resides at Proof of the truth of an imputation of an act or omission not
the time of the commission of the offense: Provided, however, That constituting a crime shall not be admitted, unless the imputation
where one of the offended parties is a public officer whose office is shall have been made against Government employees with respect
in the City of Manila at the time of the commission of the offense, to facts related to the discharge of their official duties.
the action shall be filed in the Court of First Instance of the City of
Manila, or of the city or province where the libelous article is In such cases if the defendant proves the truth of the imputation
printed and first published, and in case such public officer does made by him, he shall be acquitted.
not hold office in the City of Manila, the action shall be filed in the
Court of First Instance of the province or city where he held office Article 362. Libelous remarks. - Libelous remarks or comments
at the time of the commission of the offense or where the libelous connected with the matter privileged under the provisions of
article is printed and first published and in case one of the Article 354, if made with malice, shall not exempt the author
offended parties is a private individual, the action shall be filed in thereof nor the editor or managing editor of a newspaper from
the Court of First Instance of the province or city where he criminal liability.
actually resides at the time of the commission of the offense or
where the libelous matter is printed and first published: Provided, Chapter Two
further, That the civil action shall be filed in the same court where INCRIMINATORY MACHINATIONS
the criminal action is filed and vice versa: Provided, furthermore,
That the court where the criminal action or civil action for Article 363. Incriminating innocent person. - Any person who, by
damages is first filed, shall acquire jurisdiction to the exclusion of any act not constituting perjury, shall directly incriminate or
other courts: And, provided, finally, That this amendment shall impute to an innocent person the commission of a crime, shall be
not apply to cases of written defamations, the civil and/or punished by arresto menor.
criminal actions which have been filed in court at the time of the
effectivity of this law.
AJMA files
Article 364. Intriguing against honor. - The penalty of arresto The provisions contained in this article shall not be applicable:
menor or fine not exceeding 200 pesos shall be imposed for any
intrigue which has for its principal purpose to blemish the honor 1. When the penalty provided for the offense is equal to or lower
or reputation of a person. than those provided in the first two paragraphs of this article, in
which case the court shall impose the penalty next lower in degree
Title Fourteen than that which should be imposed in the period which they may
QUASI-OFFENSES deem proper to apply.
Sole Chapter 2. When, by imprudence or negligence and with violation of the

CRIMINAL NEGLIGENCE Automobile Law, to death of a person shall be caused, in which
case the defendant shall be punished by prision correccional in its
Article 365. Imprudence and negligence. - Any person who, by medium and maximum periods.
reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the Reckless imprudence consists in voluntary, but without malice,
penalty of arresto mayor in its maximum period to prision doing or falling to do an act from which material damage results
correccional in its medium period; if it would have constituted a by reason of inexcusable lack of precaution on the part of the
less grave felony, the penalty of arresto mayor in its minimum and person performing of failing to perform such act, taking into
medium periods shall be imposed; if it would have constituted a consideration his employment or occupation, degree of
light felony, the penalty of arresto menor in its maximum period intelligence, physical condition and other circumstances regarding
shall be imposed. persons, time and place.
Any person who, by simple imprudence or negligence, shall Simple imprudence consists in the lack of precaution displayed in
commit an act which would otherwise constitute a grave felony, those cases in which the damage impending to be caused is not
shall suffer the penalty of arresto mayor in its medium and immediate nor the danger clearly manifest.
maximum periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum period shall The penalty next higher in degree to those provided for in this
be imposed. article shall be imposed upon the offender who fails to lend on the
spot to the injured parties such help as may be in this hand to
When the execution of the act covered by this article shall have give. (As amended by R.A. 1790, approved June 21, 1957).
only resulted in damage to the property of another, the offender
shall be punished by a fine ranging from an amount equal to the Title Fifteen
value of said damages to three times such value, but which shall FINAL PROVISIONS
in no case be less than twenty-five pesos. Article 366. Application of laws enacted prior to this Code. -
Without prejudice to the provisions contained in Article 22 of this
A fine not exceeding two hundred pesos and censure shall be Code, felonies and misdemeanors, committed prior to the date of
imposed upon any person who, by simple imprudence or effectiveness of this Code shall be punished in accordance with
negligence, shall cause some wrong which, if done maliciously, the Code or Acts in force at the time of their commission.
would have constituted a light felony.
Article 367. Repealing Clause. - Except as is provided in the next
In the imposition of these penalties, the court shall exercise their preceding article, the present Penal Code, the Provisional Law for
sound discretion, without regard to the rules prescribed in Article the application of its provisions, and Acts Nos. 277, 282 ,480,
sixty-four. 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773,
2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549,
AJMA files
2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313,
3397, 3559, and 3586, are hereby repealed.
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
AJMA files

RPC Only

Uploaded by

Copyright:

Available Formats

RPC Only

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RPC Only

Uploaded by

Copyright:

Available Formats

T H E R E V I S E D P E N A L C O D E |1

ACT No. 3815 (December 8, 1930)

consideration the degree of malice and the injury caused by the

education otherwise, he shall be committed to the care of some

3. Suspension from the employment of public office during the

2. The commitment of a minor to any of the institutions Light penalties:

Public censure. penalty of disqualification is imposed as an accessory penalty, in

2. When upon being summoned for the execution of their sentence

reclusion temporal shall carry with them that of civil interdiction

2. Reclusion perpetua, 5. Prision correccional,

1. Death, Article 75. Increasing or reducing the penalty of fine by one or

The respective provisions of this section shall also be observed if

The crime of oral defamation and slander by deed shall prescribe

Article 95. Obligation incurred by person granted conditional Title Five

obligation to make restoration or reparation for damages and

The action to demand restoration, reparation, and indemnification Title One

Government of the Philippine Islands or the signature or stamp of

prision correccional in its minimum period and a fine not to

2. Any person who shall affix, apply, annex or use in connection

Article 197. Betting in sports contests. - The penalty of arresto

Chapter Three Article 215. Prohibited transactions. - The penalty of prision

(b) Failing voluntarily to issue a receipt, as provided by law, for

Article 220. Illegal use of public funds or property. - Any public

Article 219. Failure of a responsible public officer to render Chapter Five

Article 231. Open disobedience. - Any judicial or executive officer

disqualification and a fine not exceeding 1,000 pesos, shall be

These rules shall be applicable, under the same circumstances, to

Article 252. Physical injuries inflicted in a tumultuous affray. -

4. The penalty of arresto mayor in its maximum period to prision

2. If it shall have been committed simulating public authority.

pesos shall be imposed upon anyone who shall induce a minor to

Chapter One 5. The penalty of prision correccional in its maximum period to

Chapter Two Theft is likewise committed by:

4. Arresto mayor in its medium period to prision correccional in USURPATION

in connection with the accessory penalties which may be imposed

3. In an inhabited place, any storehouse or factory of inflammable

The simulation of births and the substitution of one child for

Sole Chapter 2. When, by imprudence or negligence and with violation of the

The provisions of the Acts which are mentioned hereunder are

Approved: December 8, 1930

You might also like