Art. 72. Preference in the payment of the civil liabilities. — The Art. 75.

5. Increasing or reducing the penalty of fine by one or

civil liabilities of a person found guilty of two or more offenses more degrees. — Whenever it may be necessary to increase or
shall be satisfied by following the chronological order of the reduce the penalty of fine by one or more degrees, it shall be
dates of the judgments rendered against him, beginning with increased or reduced, respectively, for each degree, by one-
the first in order of time. fourth of the maximum amount prescribed by law, without
however, changing the minimum.
The same rules shall be observed with regard of fines
that do not consist of a fixed amount, but are made
proportional.

Section Three. — Provisions common in the last two

preceding sections
Art. 73. Presumption in regard to the imposition of accessory
penalties. — Whenever the courts shall impose a penalty
which, by provision of law, carries with it other penalties, Art. 76. Legal period of duration of divisible penalties. — The
according to the provisions of Articles 40, 41, 42, 43 and 44 of legal period of duration of divisible penalties shall be
this Code, it must be understood that the accessory penalties considered as divided into three parts, forming three periods,
are also imposed upon the convict. the minimum, the medium, and the maximum in the manner
shown in the following table.

Art. 77. When the penalty is a complex one composed of three

distinct penalties. — In cases in which the law prescribes a
penalty composed of three distinct penalties, each one shall
Art. 74. Penalty higher than reclusion perpetua in certain form a period; the lightest of them shall be the minimum the
cases. — In cases in which the law prescribes a penalty higher next the medium, and the most severe the maximum period.
than another given penalty, without specially designating the Whenever the penalty prescribed does not have one
name of the former, if such higher penalty should be that of of the forms specially provided for in this Code, the periods
death, the same penalty and the accessory penalties of Article shall be distributed, applying by analogy the prescribed rules.
40, shall be considered as the next higher penalty.
 Chapter Five accused thereof, the court, after hearing the evidence in the
EXECUTION AND SERVICE OF PENALTIES proper proceedings, instead of pronouncing judgment of
Section One. — General Provisions conviction, shall suspend all further proceedings and shall
Art. 78. When and how a penalty is to be executed. — No commit such minor to the custody or care of a public or
penalty shall be executed except by virtue of a final judgment. private, benevolent or charitable institution, established under
A penalty shall not be executed in any other form the law of the care, correction or education of orphaned,
than that prescribed by law, nor with any other circumstances homeless, defective, and delinquent children, or to the custody
or incidents than those expressly authorized thereby. or care of any other responsible person in any other place
In addition to the provisions of the law, the special subject to visitation and supervision by the Director of Public
regulations prescribed for the government of the institutions in Welfare or any of his agents or representatives, if there be
which the penalties are to be suffered shall be observed with any, or otherwise by the superintendent of public schools or
regard to the character of the work to be performed, the time his representatives, subject to such conditions as are
of its performance, and other incidents connected therewith, prescribed hereinbelow until such minor shall have reached his
the relations of the convicts among themselves and other majority age or for such less period as the court may deem
persons, the relief which they may receive, and their diet. proper.
The regulations shall make provision for the The court, in committing said minor as provided
separation of the sexes in different institutions, or at least into above, shall take into consideration the religion of such minor,
different departments and also for the correction and reform of his parents or next of kin, in order to avoid his commitment to
the convicts. any private institution not under the control and supervision of
the religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public schools
or his representatives, or the person to whose custody or care
the minor has been committed, shall submit to the court every
four months and as often as required in special cases, a
written report on the good or bad conduct of said minor and
the moral and intellectual progress made by him.
The suspension of the proceedings against a minor
may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his
authorized representative or agents, or the superintendent of
public schools or his representatives, according as to whether
the conduct of such minor has been good or not and whether
he has complied with the conditions imposed upon him, or not.
The provisions of the first paragraph of this article shall not,
however, be affected by those contained herein.
If the minor has been committed to the custody or
care of any of the institutions mentioned in the first paragraph
of this article, with the approval of the Director of Public
Art. 79. Suspension of the execution and service of the Welfare and subject to such conditions as this official in
penalties in case of insanity. — When a convict shall become accordance with law may deem proper to impose, such minor
insane or an imbecile after final sentence has been may be allowed to stay elsewhere under the care of a
pronounced, the execution of said sentence shall be suspended responsible person.
only with regard to the personal penalty, the provisions of the If the minor has behaved properly and has complied
second paragraph of circumstance number 1 of Article 12 with the conditions imposed upon him during his confinement,
being observed in the corresponding cases. in accordance with the provisions of this article, he shall be
If at any time the convict shall recover his reason, his sentence returned to the court in order that the same may order his
shall be executed, unless the penalty shall have prescribed in final release.
accordance with the provisions of this Code. In case the minor fails to behave properly or to
The respective provisions of this section shall also be comply with the regulations of the institution to which he has
observed if the insanity or imbecility occurs while the convict is been committed or with the conditions imposed upon him
serving his sentence. when he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued stay in
such institution should be inadvisable, he shall be returned to
the court in order that the same may render the judgment
corresponding to the crime committed by him.
The expenses for the maintenance of a minor
delinquent confined in the institution to which he has been
committed, shall be borne 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 court; Provided, That in
case his parents or relatives or those persons liable to support
him have not been ordered to pay said expenses or are found
indigent and cannot pay said expenses, the municipality in
which the offense was committed shall pay one-third of said
expenses; the province to which the municipality belongs shall
pay one-third; and the remaining one-third shall be borne by
the National Government: Provided, however, That whenever
the Secretary of Finance certifies that a municipality is not able
to pay its share in the expenses above mentioned, such share
which is not paid by said municipality shall be borne by the
National Government. Chartered cities shall pay two-thirds of
said expenses; and in case a chartered city cannot pay said
Art. 80. Suspension of sentence of minor delinquents. — expenses, the internal revenue allotments which may be due
Whenever a minor of either sex, under sixteen years of age at to said city shall be withheld and applied in settlement of said
the date of the commission of a grave or less grave felony, is
indebtedness in accordance with section five hundred and
eighty-eight of the Administrative Code.

Art. 82. Notification and execution of the sentence and

assistance to the culprit. — The court shall designate a
working day for the execution but not the hour thereof; and
such designation shall not be communicated to the offender
before sunrise of said day, and the execution shall not take
place until after the expiration of at least eight hours following
the notification, but before sunset. During the interval between
the notification and the execution, the culprit shall, in so far as
possible, be furnished such assistance as he may request in
order to be attended in his last moments by priests or
ministers of the religion he professes and to consult lawyers,
as well as in order to make a will and confer with members of
his family or persons in charge of the management of his
business, of the administration of his property, or of the care
of his descendants.

Art. 83. Suspension of the execution of the death sentence. —

The death sentence shall not be inflicted upon a woman within
the three years next following the date of the sentence or
while she is pregnant, nor upon any person over seventy years
of age. In this last case, the death sentence shall be
commuted to the penalty of reclusion perpetua with the
accessory penalties provided in Article 40.

Section Two. — Execution of principal penalties.

Art. 81. When and how the death penalty is to be executed. —
The death sentence shall be executed with reference to any
other and shall consist in putting the person under sentence to
death by electrocution. The death sentence shall be executed
under the authority of the Director of Prisons, endeavoring so
far as possible to mitigate the sufferings of the person under
sentence during electrocution as well as during the
proceedings prior to the execution.
If the person under sentence so desires, he shall be
anaesthetized at the moment of the electrocution.
Art. 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 establishment, and by such persons as the Director of
Prisons may authorize.

Art. 87. Destierro. — Any person sentenced to destierro shall

not be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall
be not more than 250 and not less than 25 kilometers from the
place designated.

Art. 85. Provisions relative to the corpse of the person

executed and its burial. — Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to
the institute of learning or scientific research first applying for
it, for the purpose of study and investigation, provided that
such institute shall take charge of the decent burial of the
remains. Otherwise, the Director of Prisons shall order the
burial of the body of the culprit at government expense,
granting permission to be present thereat to the members of Art. 88. Arresto menor. — The penalty of arresto menor shall
the family of the culprit be served in the municipal jail, or in the house of the
and the friends of the latter. In no case shall the burial of the defendant himself under the surveillance of an officer of the
body of a person sentenced to death be held with pomp. law, when the court so provides in its decision, taking into
consideration the health of the offender and other reasons
which may seem satisfactory to it.

Art. 86. Reclusion perpetua, reclusion temporal, prision mayor,

prision correccional and arresto mayor. — The penalties of
reclusion perpetua, reclusion temporal, prision mayor, prision Title Four
correccional and arresto mayor, shall be executed and served EXTINCTION OF CRIMINAL LIABILITY
in the places and penal establishments provided by the Chapter One
Administrative Code in force or which may be provided by law TOTAL EXTINCTION OF CRIMINAL LIABILITY
in the future. Art. 89. How criminal liability is totally extinguished. — Criminal
liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and

as to pecuniary penalties, liability therefor is extinguished only
when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and
all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in
Article 344 of this Code.

Art. 92. When and how penalties prescribe. — The penalties

imposed by final sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of
the penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year.
Art. 90. Prescription of crime. — Crimes punishable by death, Art. 93. Computation of the prescription of penalties. — The
reclusion perpetua or reclusion temporal shall prescribe in period of prescription of penalties shall commence to run from
twenty years. the date when the culprit should evade the service of his
Crimes punishable by other afflictive penalties shall sentence, and it shall be interrupted if the defendant should
prescribe in fifteen years. give himself up, be captured, should go to some foreign
Those punishable by a correctional penalty shall country with which this Government has no extradition treaty,
prescribe in ten years; with the exception of those punishable or should commit another crime before the expiration of the
by arresto mayor, which shall prescribe in five years. period of prescription.
The crime of libel or other similar offenses shall
prescribe in one year.
The crime of oral defamation and slander by deed
shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one,
the highest penalty shall be made the basis of the application
of the rules contained in the first, second and third paragraphs
of this article. (As amended by RA 4661, approved June 19,
1966).

Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Art. 94. Partial Extinction of criminal liability. — Criminal
liability is extinguished partially:

1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn
while he is serving his sentence.

Art. 91. Computation of prescription of offenses. — The period

of prescription shall commence to run from the day on which
the crime is discovered by the offended party, the authorities,
or their agents, and shall be interrupted by the filing of the
complaint or information, and shall commence to run again
when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
Art. 95. Obligation incurred by person granted conditional
pardon. — Any person who has been granted conditional
pardon shall incur the obligation of complying strictly with the
conditions imposed therein otherwise, his non-compliance with
any of the conditions specified shall result in the revocation of
the pardon and the provisions of Article 159 shall be applied to
him.

Art. 98. Special time allowance for loyalty. — A deduction of

one-fifth of the period of his sentence shall be granted to any
prisoner who, having evaded the service of his sentence under
the circumstances mentioned in Article 58 of this Code, gives
himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of
the calamity or catastrophe to in said article.

Art. 96. Effect of commutation of sentence. — The

commutation of the original sentence for another of a different
length and nature shall have the legal effect of substituting the
latter in the place of the former.

Art. 99. Who grants time allowances. — Whenever lawfully

justified, the Director of Prisons shall grant allowances for
good conduct. Such allowances once granted shall not be
revoked.

Art. 97. Allowance for good conduct. — The good conduct of

any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:

1. During the first two years of his imprisonment, he shall be

allowed a deduction of five days for each month of good
behavior;
2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a deduction of eight days
for each month of good behavior;
3. During the following years until the tenth year, inclusive, of
his imprisonment, he shall be allowed a deduction of ten days Title Five
for each month of good behavior; and CIVIL LIABILITY
4. During the eleventh and successive years of his Chapter One
imprisonment, he shall be allowed a deduction of fifteen days PERSON CIVILLY LIABLE FOR FELONIES
for each month of good behavior. Art. 100. Civil liability of a person guilty of felony. — Every
person criminally liable for a felony is also civilly liable.
 Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers
and proprietors of establishments. — In default of the persons
criminally liable, innkeepers, tavernkeepers, and any other
persons or corporations shall be civilly liable for crimes
committed in their establishments, in all cases where a
violation of municipal ordinances or some general or special
police regulation shall have been committed by them or their
employees.
Innkeepers are also subsidiarily liable for the
restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of the
value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such innkeeper
or his representative may have given them with respect to the
care and vigilance over such goods. No liability shall attach in
case of robbery with violence against or intimidation of persons
unless committed by the innkeeper's employees.

Art. 101. Rules regarding civil liability in certain cases. — The

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 Code does not include exemption from civil liability, which
shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12,
the civil liability for acts committed by an imbecile or insane
person, and by a person under nine years of age, or by one
over nine but under fifteen years of age, who has acted
without discernment, shall devolve upon those having such
person under their legal authority or control, unless it appears
that there was no fault or negligence on their part.
Should there be no person having such insane,
imbecile or minor under his authority, legal guardianship or
control, or if such person be insolvent, said insane, imbecile, or
minor shall respond with their own property, excepting
property exempt from execution, in accordance with the civil
law.
Second. In cases falling within subdivision 4 of Article
11, the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit
which they may have received.
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably
determined, even approximately, or when the liability also
attaches to the Government, or to the majority of the Art. 103. Subsidiary civil liability of other persons. — The
inhabitants of the town, and, in all events, whenever the subsidiary liability established in the next preceding article shall
damages have been caused with the consent of the authorities also apply to employers, teachers, persons, and corporations
or their agents, indemnification shall be made in the manner engaged in any kind of industry for felonies committed by their
prescribed by special laws or regulations. servants, pupils, workmen, apprentices, or employees in the
Third. In cases falling within subdivisions 5 and 6 of discharge of their duties.
Article 12, the persons using violence or causing the fears shall
be primarily 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 property exempt from execution.
 Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Art. 104. What is included in civil liability. — The civil liability
established in Articles 100, 101, 102, and 103 of this Code
includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages. Art. 107. Indemnification; What is included. — Indemnification
for consequential damages shall include not only those caused
the injured party, but also those suffered by his family or by a
third person by reason of the crime.

Art. 105. Restitution; How made. — The restitution of the thing

itself must be made whenever possible, with allowance for any
deterioration, or diminution of value as determined by the
court. Art. 108. Obligation to make restoration, reparation for
The thing itself shall be restored, even though it be damages, or indemnification for consequential damages and
found in the possession of a third person who has acquired it actions to demand the same; Upon whom it devolves. — The
by lawful means, saving to the latter his action against the obligation to make restoration or reparation for damages and
proper person, who may be liable to him. indemnification for consequential damages devolves upon the
This provision is not applicable in cases in which the heirs of the person liable.
thing has been acquired by the third person in the manner and The action to demand restoration, reparation, and
under the requirements which, by law, bar an action for its indemnification likewise descends to the heirs of the person
recovery. injured.

Art. 106. Reparation; How made. — The court shall determine Art. 109. Share of each person civilly liable. — If there are two
the amount of damage, taking into consideration the price of or more persons civilly liable for a felony, the courts shall
the thing, whenever possible, and its special sentimental value determine the amount for which each must respond.
to the injured party, and reparation shall be made accordingly.
Art. 110. Several and subsidiary liability of principals,
accomplices and accessories of a felony; Preference in
payment. — Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and accessories,
each within their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and subsidiaries
for those of the other persons liable.
The subsidiary liability shall be enforced, first against
the property of the principals; next, against that of the Art. 113. Obligation to satisfy civil liability. — Except in case of
accomplices, and, lastly, against that of the accessories. extinction of his civil liability as provided in the next preceding
Whenever the liability in solidum or the subsidiary article the offender shall continue to be obliged to satisfy the
liability has been enforced, the person by whom payment has civil liability resulting from the crime committed by him,
been made shall have a right of action against the others for notwithstanding the fact that he has served his sentence
the amount of their respective shares. consisting of deprivation of liberty or other rights, or has not
been required to serve the same by reason of amnesty,
pardon, commutation of sentence or any other reason.

Art. 111. Obligation to make restitution in certain cases. — Any

person who has participated gratuitously in the proceeds of a
felony shall be bound to make restitution in an amount
equivalent to the extent of such participation.

Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Art. 112. Extinction of civil liability. — Civil liability established
in Articles 100, 101, 102, and 103 of this Code shall be
extinguished in the same manner as obligations, in accordance
with the provisions of the Civil Law.