ACT No.

3815      (December 8, 1930) defined in Title One of Book Two of this
Code.
AN ACT REVISING THE PENAL CODE AND
OTHER PENAL LAWS Title One

Preliminary Article - This law shall be known as FELONIES AND CIRCUMSTANCES WHICH
"The Revised Penal Code." AFFECT CRIMINAL LIABILITY

BOOK ONE Chapter One

GENERAL PROVISIONS REGARDING THE FELONIES
DATE OF ENFORCEMENT AND
APPLICATION OF THE PROVISIONS OF Article 3. Definitions. - Acts and omissions
THIS CODE, AND REGARDING THE punishable by law are felonies (delitos).
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
DATE OF EFFECTIVENESS AND deliberate intent and there is fault when the wrongful
APPLICATION OF THE PROVISIONS OF act results from imprudence, negligence, lack of
THIS CODE foresight, or lack of skill.

Article 1. Time when Act takes effect. - This Code Article 4. Criminal liability. - Criminal liability shall
shall take effect on the first day of January, nineteen be incurred:
hundred and thirty-two.
1. By any person committing a felony
Article 2. Application of its provisions. - Except as (delito) although the wrongful act done be
provided in the treaties and laws of preferential different from that which he intended.
application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, 2. By any person performing an act which
including its atmosphere, its interior waters and would be an offense against persons or
maritime zone, but also outside of its jurisdiction, property, were it not for the inherent
against those who: impossibility of its accomplishment or an
account of the employment of inadequate or
1. Should commit an offense while on a ineffectual means.
Philippine ship or airship
Article 5. Duty of the court in connection with acts
2. Should forge or counterfeit any coin or which should be repressed but which are not covered
currency note of the Philippine Islands or by the law, and in cases of excessive penalties. -
obligations and securities issued by the Whenever a court has knowledge of any act which it
Government of the Philippine Islands; may deem proper to repress and which is not
punishable by law, it shall render the proper decision,
3. Should be liable for acts connected with and shall report to the Chief Executive, through the
the introduction into these islands of the Department of Justice, the reasons which induce the
obligations and securities mentioned in the court to believe that said act should be made the
presiding number; subject of legislation.

4. While being public officers or employees, In the same way, the court shall submit to the Chief
should commit an offense in the exercise of Executive, through the Department of Justice, such
their functions; or statement as may be deemed proper, without
suspending the execution of the sentence, when a
5. Should commit any of the crimes against strict enforcement of the provisions of this Code
national security and the law of nations, would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of Article 10. Offenses not subject to the provisions of
malice and the injury caused by the offense. this Code. - Offenses which are or in the future may
be punishable under special laws are not subject to
Article 6. Consummated, frustrated, and attempted the provisions of this Code. This Code shall be
felonies. - Consummated felonies as well as those supplementary to such laws, unless the latter should
which are frustrated and attempted, are punishable. specially provide the contrary.

A felony is consummated when all the elements Chapter Two

necessary for its execution and accomplishment are JUSTIFYING CIRCUMSTANCES AND
present; and it is frustrated when the offender CIRCUMSTANCES WHICH EXEMPT FROM
performs all the acts of execution which would CRIMINAL LIABILITY
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes Article 11. Justifying circumstances. - The following
independent of the will of the perpetrator. do not incur any criminal liability:

There is an attempt when the offender commences 1. Anyone who acts in defense of his person
the commission of a felony directly or over acts, and or rights, provided that the following
does not perform all the acts of execution which circumstances concur;
should produce the felony by reason of some cause or
accident other than this own spontaneous desistance. First. Unlawful aggression.

Article 7. When light felonies are punishable. - Light Second. Reasonable necessity of
felonies are punishable only when they have been the means employed to prevent or
consummated, with the exception of those committed repel it.
against person or property.
Third. Lack of sufficient
Article 8. Conspiracy and proposal to commit provocation on the part of the
felony. - Conspiracy and proposal to commit felony person defending himself.
are punishable only in the cases in which the law
specially provides a penalty therefor. 2. Any one who acts in defense of the person
or rights of his spouse, ascendants,
A conspiracy exists when two or more persons come descendants, or legitimate, natural or
to an agreement concerning the commission of a adopted brothers or sisters, or his relatives
felony and decide to commit it. by affinity in the same degrees and those
consanguinity within the fourth civil degree,
There is proposal when the person who has decided provided that the first and second requisites
to commit a felony proposes its execution to some prescribed in the next preceding
other person or persons. circumstance are present, and the further
requisite, in case the revocation was given
Article 9. Grave felonies, less grave felonies and by the person attacked, that the one making
light felonies. - Grave felonies are those to which the defense had no part therein.
law attaches the capital punishment or penalties
which in any of their periods are afflictive, in 3. Anyone who acts in defense of the person
accordance with Art. 25 of this Code. or rights of a stranger, provided that the first
and second requisites mentioned in the first
Less grave felonies are those which the law punishes circumstance of this Article are present and
with penalties which in their maximum period are that the person defending be not induced by
correctional, in accordance with the above-mentioned revenge, resentment, or other evil motive.
Art..
4. Any person who, in order to avoid an evil
Light felonies are those infractions of law for the or injury, does not act which causes damage
commission of which a penalty of arrest menor or a to another, provided that the following
fine not exceeding 200 pesos or both; is provided. requisites are present;
 First. That the evil sought to be 4. Any person who, while performing a
avoided actually exists; lawful act with due care, causes an injury by
mere accident without fault or intention of
Second. That the injury feared be causing it.
greater than that done to avoid it;
5. Any person who act under the compulsion
Third. That there be no other of irresistible force.
practical and less harmful means of
preventing it. 6. Any person who acts under the impulse of
an uncontrollable fear of an equal or greater
5. Any person who acts in the fulfillment of injury.
a duty or in the lawful exercise of a right or
office. 7. Any person who fails to perform an act
required by law, when prevented by some
6. Any person who acts in obedience to an lawful insuperable cause.
order issued by a superior for some lawful
purpose. Chapter Three
CIRCUMSTANCES WHICH MITIGATE
Article 12. Circumstances which exempt from CRIMINAL LIABILITY
criminal liability. - the following are exempt from
criminal liability: Article 13. Mitigating circumstances. - The
following are mitigating circumstances;
1. An imbecile or an insane person, unless
the latter has acted during a lucid interval. 1. Those mentioned in the preceding
chapter, when all the requisites necessary to
When the imbecile or an insane person has justify or to exempt from criminal liability
committed an act which the law defines as a in the respective cases are not attendant.
felony (delito), the court shall order his
confinement in one of the hospitals or 2. That the offender is under eighteen year
asylums established for persons thus of age or over seventy years. In the case of
afflicted, which he shall not be permitted to the minor, he shall be proceeded against in
leave without first obtaining the permission accordance with the provisions of Art. 80.
of the same court.
3. That the offender had no intention to
2. A person under nine years of age. commit so grave a wrong as that committed.

3. A person over nine years of age and under 4. That sufficient provocation or threat on
fifteen, unless he has acted with the part of the offended party immediately
discernment, in which case, such minor shall preceded the act.
be proceeded against in accordance with the
provisions of Art. 80 of this Code. 5. That the act was committed in the
immediate vindication of a grave offense to
When such minor is adjudged to be the one committing the felony (delito), his
criminally irresponsible, the court, in spouse, ascendants, or relatives by affinity
conformably with the provisions of this and within the same degrees.
the preceding paragraph, shall commit him
to the care and custody of his family who 6. That of having acted upon an impulse so
shall be charged with his surveillance and powerful as naturally to have produced
education otherwise, he shall be committed passion or obfuscation.
to the care of some institution or person
mentioned in said Art. 80. 7. That the offender had voluntarily
surrendered himself to a person in authority
or his agents, or that he had voluntarily
 confessed his guilt before the court prior to Whenever more than three armed
the presentation of the evidence for the malefactors shall have acted together in the
prosecution; commission of an offense, it shall be
deemed to have been committed by a band.
8. That the offender is deaf and dumb, blind
or otherwise suffering some physical defect 7. That the crime be committed on the
which thus restricts his means of action, occasion of a conflagration, shipwreck,
defense, or communications with his fellow earthquake, epidemic or other calamity or
beings. misfortune.

9. Such illness of the offender as would 8. That the crime be committed with the aid
diminish the exercise of the will-power of of armed men or persons who insure or
the offender without however depriving him afford impunity.
of the consciousness of his acts.
9. That the accused is a recidivist.
10. And, finally, any other circumstances of
a similar nature and analogous to those A recidivist is one who, at the time of his
above mentioned. trial for one crime, shall have been
previously convicted by final judgment of
Chapter Four another crime embraced in the same title of
CIRCUMSTANCE WHICH AGGRAVATE this Code.
CRIMINAL LIABILITY
10. That the offender has been previously
Article 14. Aggravating circumstances. - The punished by an offense to which the law
following are aggravating circumstances: attaches an equal or greater penalty or for
two or more crimes to which it attaches a
1. That advantage be taken by the offender lighter penalty.
of his public position.
11. That the crime be committed in
2. That the crime be committed in contempt consideration of a price, reward, or promise.
or with insult to the public authorities.
12. That the crime be committed by means
3. That the act be committed with insult or of inundation, fire, poison, explosion,
in disregard of the respect due the offended stranding of a vessel or international damage
party on account of his rank, age, or sex, or thereto, derailment of a locomotive, or by
that is be committed in the dwelling of the the use of any other artifice involving great
offended party, if the latter has not given waste and ruin.
provocation.
13. That the act be committed with evidence
4. That the act be committed with abuse of premeditation.
confidence or obvious ungratefulness.
14. That the craft, fraud or disguise be
5. That the crime be committed in the palace employed.
of the Chief Executive or in his presence, or
where public authorities are engaged in the 15. That advantage be taken of superior
discharge of their duties, or in a place strength, or means be employed to weaken
dedicated to religious worship. the defense.

6. That the crime be committed in the night 16. That the act be committed with treachery
time, or in an uninhabited place, or by a (alevosia).
band, whenever such circumstances may
facilitate the commission of the offense. There is treachery when the offender
commits any of the crimes against the
 person, employing means, methods, or Title Two
forms in the execution thereof which tend
directly and specially to insure its execution, PERSONS CRIMINALLY LIABLE FOR
without risk to himself arising from the FELONIES
defense which the offended party might
make. Article 16. Who are criminally liable. - The
following are criminally liable for grave and less
17. That means be employed or grave felonies:
circumstances brought about which add
ignominy to the natural effects of the act. 1. Principals.

18. That the crime be committed after an 2. Accomplices.

unlawful entry.
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 1. Principals

aid of persons under 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 deliberately augmented by 1. Those who take a direct part in the
causing other wrong not necessary for its execution of the act;
commissions.
2. Those who directly force or induce others
Chapter Five to commit it;
ALTERNATIVE CIRCUMSTANCES
3. Those who cooperate in the commission
Article 15. Their concept. - Alternative of the offense by another act without which
circumstances are those which must be taken into it would not have been accomplished.
consideration as aggravating or mitigating according
to the nature and effects of the crime and the other Article 18. Accomplices. - Accomplices are those
conditions attending its commission. They are the persons who, not being included in Article 17,
relationship, intoxication and the degree of cooperate in the execution of the offense by previous
instruction and education of the offender. or simultaneous acts.

The alternative circumstance of relationship shall be Article 19. Accessories. - Accessories are those who,
taken into consideration when the offended party in having knowledge of the commission of the crime,
the spouse, ascendant, descendant, legitimate, and without having participated therein, either as
natural, or adopted brother or sister, or relative by principals or accomplices, take part subsequent to its
affinity in the same degrees of the offender. commission in any of the following manners:

The intoxication of the offender shall be taken into 1. By profiting themselves or assisting the
consideration as a mitigating circumstances when the offender to profit by the effects of the crime.
offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent
2. By concealing or destroying the body of
to the plan to commit said felony but when the
the crime, or the effects or instruments
intoxication is habitual or intentional, it shall be
thereof, in order to prevent its discovery.
considered as an aggravating circumstance.
 3. By harboring, concealing, or assisting in 2. The commitment of a minor to any of the
the escape of the principals of the crime, institutions mentioned in Article 80 and for
provided the accessory acts with abuse of the purposes specified therein.
his public functions or whenever the author
of the crime is guilty of treason, parricide, 3. Suspension from the employment of
murder, or an attempt to take the life of the public office during the trial or in order to
Chief Executive, or is known to be institute proceedings.
habitually guilty of some other crime.
4. Fines and other corrective measures
Article 20. Accessories who are exempt from which, in the exercise of their administrative
criminal liability. - The penalties prescribed for disciplinary powers, superior officials may
accessories shall not be imposed upon those who are impose upon their subordinates.
such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers 5. Deprivation of rights and the reparations
and sisters, or relatives by affinity within the same which the civil laws may establish in penal
degrees, with the single exception of accessories form.
falling within the provisions of paragraph 1 of the
next preceding article.

Title Three

PENALTIES

Chapter One
PENALTIES IN GENERAL

Article 21. Penalties that may be imposed. - No

felony shall be punishable by any penalty not
prescribed by law prior to its commission.

Article 22. Retroactive effect of penal laws. - Penal

Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.

Article 23. Effect of pardon by the offended party. -

A pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of
this Code; but civil liability with regard to the interest
of the injured party is extinguished by his express
waiver.

Article 24. Measures of prevention or safety which

are nor considered penalties. - The following shall
not be considered as penalties:

1. The arrest and temporary detention of

accused persons, as well as their detention
by reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
Chapter Two vote and be voted for, the profession or
CLASSIFICATION OF PENALTIES calling.
Civil interdiction,
Article 25. Penalties which may be imposed. - The Indemnification,
penalties which may be imposed according to this Forfeiture or confiscation of instruments and
Code, and their different classes, are those included proceeds of the offense,
in the following: Payment of costs.

Scale Article 26. When afflictive, correctional, or light

penalty. - A fine, whether imposed as a single of as
Principal Penalties an alternative penalty, shall be considered an
afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos
Capital punishment: but is not less than 200 pesos; and a light penalty if it
less than 200 pesos.
Death.
Chapter Three
Afflictive penalties: DURATION AND EFFECTS OF PENALTIES

Reclusion perpetua, Section One. - Duration of Penalties

Reclusion temporal,
Perpetual or temporary absolute Article 27. Reclusion perpetua. - Any person
disqualification, sentenced to any of the perpetual penalties shall be
Perpetual or temporary special pardoned after undergoing the penalty for thirty
disqualification, years, unless such person by reason of his conduct or
Prision mayor. some other serious cause shall be considered by the
Chief Executive as unworthy of pardon.
Correctional penalties:
Reclusion temporal. - The penalty of reclusion
Prision correccional, temporal shall be from twelve years and one day to
Arresto mayor, twenty years.
Suspension,
Destierro. Prision mayor and temporary disqualification. - The
duration of the penalties of prision mayor and
Light penalties: temporary disqualification shall be from six years and
one day to twelve years, except when the penalty of
Arresto menor, disqualification is imposed as an accessory penalty,
Public censure. 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 the penalties of prision correccional,
Fine, and suspension and destierro shall be from six months
Bond to keep the peace. and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Accessory Penalties
Arresto mayor. - The duration of the penalty
Perpetual or temporary absolute
of arresto mayor shall be from one month and one
disqualification,
day to six months.
Perpetual or temporary special
disqualification,
Suspension from public office, the right to
Arresto menor. - The duration of the penalty under review. In case the maximum penalty to which
of arresto menor shall be from one day to thirty days. the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive
Bond to keep the peace. - The bond to keep the peace imprisonment. (As amended by E.O. No. 214, July
shall be required to cover such period of time as the 10, 1988).
court may determine.
Section Two. - Effects of the penalties according to
Article 28. Computation of penalties. - If the their respective nature
offender shall be in prison, the term of the duration of
the temporary penalties shall be computed from the Article 30. Effects of the penalties of perpetual or
day on which the judgment of conviction shall have temporary absolute disqualification. - The penalties
become final. of perpetual or temporary absolute disqualification
for public office shall produce the following effects:
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation of 1. The deprivation of the public offices and
liberty shall be computed from the day that the employments which the offender >may have
offender is placed at the disposal of the judicial held even if conferred by popular election.
authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed only 2. The deprivation of the right to vote in any
from the day on which the defendant commences to election for any popular office or to be
serve his sentence. elected to such office.

Article 29. Period of preventive imprisonment 3. The disqualification for the offices or

deducted from term of imprisonment. - Offenders public employments and for the exercise of
who have undergone preventive imprisonment shall any of the rights mentioned.
be credited in the service of their sentence consisting
of deprivation of liberty, with the full time during In case of temporary disqualification, such
which they have undergone preventive imprisonment, disqualification as is comprised in
if the detention prisoner agrees voluntarily in writing paragraphs 2 and 3 of this article shall last
to abide by the same disciplinary rules imposed upon during the term of the sentence.
convicted prisoners, except in the following cases:
4. The loss of all rights to retirement pay or
1. When they are recidivists or have been other pension for any office formerly held.
convicted previously twice or more times of
any crime; and
Article 31. Effect of the penalties of perpetual or
temporary special disqualification. - The penalties of
2. When upon being summoned for the perpetual or temporal special disqualification for
execution of their sentence they have failed public office, profession or calling shall produce the
to surrender voluntarily. following effects:

If the detention prisoner does not agree to abide by 1. The deprivation of the office,
the same disciplinary rules imposed upon convicted employment, profession or calling affected;
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he
has undergone preventive imprisonment. (As 2. The disqualification for holding similar
amended by Republic Act 6127, June 17, 1970). offices or employments either perpetually or
during the term of the sentence according to
the extent of such disqualification.
Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense Article 32. Effect of the penalties of perpetual or
charged to which he may be sentenced and his case is temporary special disqualification for the exercise of
not yet terminated, he shall be released immediately the right of suffrage. - The perpetual or temporary
without prejudice to the continuation of the trial special disqualification for the exercise of the right of
thereof or the proceeding on appeal, if the same is suffrage shall deprive the offender perpetually or
during the term of the sentence, according to the Article 37. Cost; What are included. - Costs shall
nature of said penalty, of the right to vote in any include fees and indemnities in the course of the
popular election for any public office or to be elected judicial proceedings, whether they be fixed or
to such office. Moreover, the offender shall not be unalterable amounts previously determined by law or
permitted to hold any public office during the period regulations in force, or amounts not subject to
of his disqualification. schedule.

Article 33. Effects of the penalties of suspension Article 38. Pecuniary liabilities; Order of payment. -
from any public office, profession or calling, or the In case the property of the offender should not be
right of suffrage. - The suspension from public office, sufficient for the payment of all his pecuniary
profession or calling, and the exercise of the right of liabilities, the same shall be met in the following
suffrage shall disqualify the offender from holding order:
such office or exercising such profession or calling or
right of suffrage during the term of the sentence. 1. The reparation of the damage caused.

The person suspended from holding public office 2. Indemnification of consequential

shall not hold another having similar functions during damages.
the period of his suspension.
3. The fine.
Article 34. Civil interdiction. - Civil interdiction
shall deprive the offender during the time of his 4. The cost of the proceedings.
sentence of the rights of parental authority, or
guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage Article 39. Subsidiary penalty. - If the convict has no
his property and of the right to dispose of such property with which to meet the fine mentioned in the
property by any act or any conveyance inter vivos. paragraph 3 of the nest preceding article, he shall be
subject to a subsidiary personal liability at the rate of
one day for each eight pesos, subject to the following
Article 35. Effects of bond to keep the peace. - It rules:
shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will not 1. If the principal penalty imposed be prision
commit the offense sought to be prevented, and that correccional or arresto and fine, he shall
in case such offense be committed they will pay the remain under confinement until his fine
amount determined by the court in the judgment, or referred to in the preceding paragraph is
otherwise to deposit such amount in the office of the satisfied, but his subsidiary imprisonment
clerk of the court to guarantee said undertaking. shall not exceed one-third of the term of the
sentence, and in no case shall it continue for
more than one year, and no fraction or part
The court shall determine, according to its discretion, of a day shall be counted against the
the period of duration of the bond. prisoner.

Should the person sentenced fail to give the bond as 2. When the principal penalty imposed be
required he shall be detained for a period which shall only a fine, the subsidiary imprisonment
in no case exceed six months, is he shall have been shall not exceed six months, if the culprit
prosecuted for a grave or less grave felony, and shall shall have been prosecuted for a grave or
not exceed thirty days, if for a light felony. less grave felony, and shall not exceed
fifteen days, if for a light felony.
Article 36. Pardon; its effect. - A pardon shall not
work the restoration of the right to hold public office, 3. When the principal imposed is higher than
or the right of suffrage, unless such rights be prision correccional, no subsidiary
expressly restored by the terms of the pardon. imprisonment shall be imposed upon the
culprit.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by
the sentence.
 4. If the principal penalty imposed is not to the same shall have been expressly remitted in the
be executed by confinement in a penal pardon.
institution, but such penalty is of fixed
duration, the convict, during the period of Article 44. Arresto; Its accessory penalties. - The
time established in the preceding rules, shall penalty of arresto shall carry with it that of
continue to suffer the same deprivations as suspension of the right too hold office and the right
those of which the principal penalty of suffrage during the term of the sentence.
consists.
Article 45. Confiscation and forfeiture of the
5. The subsidiary personal liability which proceeds or instruments of the crime. - Every penalty
the convict may have suffered by reason of imposed for the commission of a felony shall carry
his insolvency shall not relieve him, from with it the forfeiture of the proceeds of the crime and
the fine in case his financial circumstances the instruments or tools with which it was committed.
should improve. (As amended by RA 5465,
April 21, 1969). Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the Government,
Section Three. - Penalties in which other accessory unless they be property of a third person not liable for
penalties are inherent the offense, but those articles which are not subject of
lawful commerce shall be destroyed.
Article 40. Death; Its accessory penalties. - The
death penalty, when it is not executed by reason of Chapter Four
commutation or pardon shall carry with it that of APPLICATION OF PENALTIES
perpetual absolute disqualification and that of civil
interdiction during thirty years following the date Section One. - Rules for the application of penalties
sentence, unless such accessory penalties have been to the persons criminally liable and for the
expressly remitted in the pardon. graduation of the same.

Article 41. Reclusion perpetua and reclusion Article 46. Penalty to be imposed upon principals in
temporal; Their accessory penalties. - The penalties general. - The penalty prescribed by law for the
of reclusion perpetua and reclusion temporal shall commission of a felony shall be imposed upon the
carry with them that of civil interdiction for life or principals in the commission of such felony.
during the period of the sentence as the case may be,
and that of perpetual absolute disqualification which
the offender shall suffer even though pardoned as to Whenever the law prescribes a penalty for a felony is
the principal penalty, unless the same shall have been general terms, it shall be understood as applicable to
expressly remitted in the pardon. the consummated felony.

Article 42. Prision mayor; Its accessory penalties. - Article 47. In what cases the death penalty shall not
The penalty of prision mayor, shall carry with it that be imposed. - The death penalty shall be imposed in
of temporary absolute disqualification and that of all cases in which it must be imposed under existing
perpetual special disqualification from the right of laws, except in the following cases:
suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same 1. When the guilty person be more than
shall have been expressly remitted in the pardon. seventy years of age.

Article 43. Prision correccional; Its accessory 2. When upon appeal or revision of the case
penalties. - The penalty of prision correccional shall by the Supreme court, all the members
carry with it that of suspension from public office, thereof are not unanimous in their voting as
from the right to follow a profession or calling, and to the propriety of the imposition of the
that of perpetual special disqualification from the death penalty. For the imposition of said
right of suffrage, if the duration of said imprisonment penalty or for the confirmation of a
shall exceed eighteen months. The offender shall judgment of the inferior court imposing the
suffer the disqualification provided in the article death sentence, the Supreme Court shall
although pardoned as to the principal penalty, unless render its decision per curiam, which shall
 be signed by all justices of said court, unless felony shall be imposed upon the principals in an
some member or members thereof shall have attempt to commit a felony.
been disqualified from taking part in the
consideration of the case, in which even the Article 52. Penalty to be imposed upon accomplices
unanimous vote and signature of only the in consummated crime. - The penalty next lower in
remaining justices shall be required. degree than that prescribed by law for the
consummated shall be imposed upon the accomplices
Article 48. Penalty for complex crimes. - When a in the commission of a consummated felony.
single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for Article 53. Penalty to be imposed upon accessories
committing the other, the penalty for the most serious to the commission of a consummated felony. - The
crime shall be imposed, the same to be applied in its penalty lower by two degrees than that prescribed by
maximum period. law for the consummated felony shall be imposed
upon the accessories to the commission of a
Article 49. Penalty to be imposed upon the consummated felony.
principals when the crime committed is different
from that intended. - In cases in which the felony Article 54. Penalty to imposed upon accomplices in
committed is different from that which the offender a frustrated crime. - The penalty next lower in degree
intended to commit, the following rules shall be than prescribed by law for the frustrated felony shall
observed: be imposed upon the accomplices in the commission
of a frustrated felony.
1. If the penalty prescribed for the felony
committed be higher than that corresponding Article 55. Penalty to be imposed upon accessories
to the offense which the accused intended to of a frustrated crime. - The penalty lower by two
commit, the penalty corresponding to the degrees than that prescribed by law for the frustrated
latter shall be imposed in its maximum felony shall be imposed upon the accessories to the
period. commission of a frustrated felony.

2. If the penalty prescribed for the felony Article 56. Penalty to be imposed upon accomplices
committed be lower than that corresponding in an attempted crime. - The penalty next lower in
to the one which the accused intended to degree than that prescribed by law for an attempt to
commit, the penalty for the former shall be commit a felony shall be imposed upon the
imposed in its maximum period. accomplices in an attempt to commit the felony.

3. The rule established by the next preceding Article 57. Penalty to be imposed upon accessories
paragraph shall not be applicable if the acts of an attempted crime. - The penalty lower by two
committed by the guilty person shall also degrees than that prescribed by law for the attempted
constitute an attempt or frustration of felony shall be imposed upon the accessories to the
another crime, if the law prescribes a higher attempt to commit a felony.
penalty for either of the latter offenses, in
which case the penalty provided for the Article 58. Additional penalty to be imposed upon
attempted or the frustrated crime shall be certain accessories. - Those accessories falling
imposed in its maximum period. within the terms of paragraphs 3 of Article 19 of this
Code who should act with abuse of their public
Article 50. Penalty to be imposed upon principals of functions, shall suffer the additional penalty of
a frustrated crime. - The penalty next lower in degree absolute perpetual disqualification if the principal
than that prescribed by law for the consummated offender shall be guilty of a grave felony, and that of
felony shall be imposed upon the principal in a absolute temporary disqualification if he shall be
frustrated felony. guilty of a less grave felony.

Article 51. Penalty to be imposed upon principals of Article 59. Penalty to be imposed in case of failure
attempted crimes. - A penalty lower by two degrees to commit the crime because the means employed or
than that prescribed by law for the consummated the aims sought are impossible. - When the person
intending to commit an offense has already
performed the acts for the execution of the same but lower in degree shall be that immediately
nevertheless the crime was not produced by reason of following the lesser of the penalties
the fact that the act intended was by its nature one of prescribed in the respective graduated scale.
impossible accomplishment or because the means
employed by such person are essentially inadequate 3. When the penalty prescribed for the crime
to produce the result desired by him, the court, is composed of one or two indivisible
having in mind the social danger and the degree of penalties and the maximum period of
criminality shown by the offender, shall impose upon another divisible penalty, the penalty next
him the penalty of arresto mayor or a fine from 200 lower in degree shall be composed of the
to 500 pesos. medium and minimum periods of the proper
divisible penalty and the maximum periods
Article 60. Exception to the rules established in of the proper divisible penalty and the
Articles 50 to 57. - The provisions contained in maximum period of that immediately
Articles 50 to 57, inclusive, of this Code shall not be following in said respective graduated scale.
applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or 4. when the penalty prescribed for the crime
attempted felony, or to be imposed upon accomplices is composed of several periods,
or accessories. corresponding to different divisible
penalties, the penalty next lower in degree
Article 61. Rules for graduating penalties. - For the shall be composed of the period immediately
purpose of graduating the penalties which, according following the minimum prescribed and of
to the provisions of Articles 50 to 57, inclusive, of the two next following, which shall be taken
this Code, are to be imposed upon persons guilty as from the penalty prescribed, if possible;
principals of any frustrated or attempted felony, or as otherwise from the penalty immediately
accomplices or accessories, the following rules shall following in the above mentioned respective
be observed: graduated scale.

1. When the penalty prescribed for the 5. When the law prescribes a penalty for a
felony is single and indivisible, the penalty crime in some manner not especially
next lower in degrees shall be that provided for in the four preceding rules, the
immediately following that indivisible courts, proceeding by analogy, shall impose
penalty in the respective graduated scale corresponding penalties upon those guilty as
prescribed in Article 71 of this Code. principals of the frustrated felony, or of
attempt to commit the same, and upon
2. When the penalty prescribed for the crime accomplices and accessories.
is composed of two indivisible penalties, or
of one or more divisible penalties to be
impose to their full extent, the penalty next
TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty to be
Penalty to be Penalty to be
imposed upon the
imposed upon the imposed upon the Penalty to be
principal in an
Penalty principal in a accessory in a imposed upon
attempted crime, the
  Prescribe for frustrated crime, frustrated crime, the accessory in
accessory in the
the crime and accomplice in and the an attempted
consummated crime
a consummated accomplices in an crime
and the accomplices
crime attempted crime
in a frustrated crime.

First Prision
Death Reclusion Perpetua Reclusion Temporal Prision Mayor
Case Correccional

Reclusion
Second Reclusion Prision
Perpetua to Prision Mayor Arresto Mayor
Case Temporal Correccional
Death

Reclusion Prision Mayor in Prision correccional Arresto Mayor in Fine and

Temporal in its maximum in its maximum it's maximum Arresto Mayor
Third
its maximum period to reclusion period to prision period to prision in its minimum
Case
period to temporal in its mayor in its medium correccional in its and medium
death medium period period medium period periods

Prision Mayor
in its
Prision
maximum Arresto mayor in its Fine and Arresto
correccional in its
Fourth period to maximum period to Mayor in its
maximum period Fine.
Case reclusion prision correccional minimum and
to prision mayor in
temporal in its in its medium period. medium periods
its medium period.
medium
period.
 Section Two. - Rules for the application of and to the additional penalty of
penalties with regard to the mitigating and prision correccional in its medium
aggravating circumstances, and habitual and maximum periods;
delinquency.
(b) Upon a fourth conviction, the
Article 62. Effect of the attendance of mitigating or culprit shall be sentenced to the
aggravating circumstances and of habitual penalty provided for the last crime
delinquency. - Mitigating or aggravating of which he be found guilty and to
circumstances and habitual delinquency shall be the additional penalty of prision
taken into account for the purpose of diminishing or mayor in its minimum and medium
increasing the penalty in conformity with the periods; and
following rules:
(c) Upon a fifth or additional
1. Aggravating circumstances which in conviction, the culprit shall be
themselves constitute a crime specially sentenced to the penalty provided
punishable by law or which are included by for the last crime of which he be
the law in defining a crime and prescribing found guilty and to the additional
the penalty therefor shall not be taken into penalty of prision mayor in its
account for the purpose of increasing the maximum period to reclusion
penalty. temporal in its minimum period.

2. The same rule shall apply with respect to Notwithstanding the provisions of this article, the
any aggravating circumstance inherent in the total of the two penalties to be imposed upon the
crime to such a degree that it must of offender, in conformity herewith, shall in no case
necessity accompany the commission exceed 30 years.
thereof.
For the purpose of this article, a person shall be
3. Aggravating or mitigating circumstances deemed to be habitual delinquent, is within a period
which arise from the moral attributes of the of ten years from the date of his release or last
offender, or from his private relations with conviction of the crimes of serious or less serious
the offended party, or from any other physical injuries, robo, hurto, estafa or falsification,
personal cause, shall only serve to aggravate he is found guilty of any of said crimes a third time
or mitigate the liability of the principals, or oftener.
accomplices and accessories as to whom
such circumstances are attendant. Article 63. Rules for the application of indivisible
penalties. - In all cases in which the law prescribes a
4. The circumstances which consist in the single indivisible penalty, it shall be applied by the
material execution of the act, or in the courts regardless of any mitigating or aggravating
means employed to accomplish it, shall circumstances that may have attended the
serve to aggravate or mitigate the liability of commission of the deed.
those persons only who had knowledge of
them at the time of the execution of the act In all cases in which the law prescribes a penalty
or their cooperation therein. composed of two indivisible penalties, the following
rules shall be observed in the application thereof:
5. Habitual delinquency shall have the
following effects: 1. When in the commission of the deed there
is present only one aggravating
(a) Upon a third conviction the circumstance, the greater penalty shall be
culprit shall be sentenced to the applied.
penalty provided by law for the last
crime of which he be found guilty
 2. When there are neither mitigating nor impose the penalty next lower to that
aggravating circumstances and there is no prescribed by law, in the period that it may
aggravating circumstance, the lesser penalty deem applicable, according to the number
shall be applied. and nature of such circumstances.

3. When the commission of the act is 6. Whatever may be the number and nature
attended by some mitigating circumstances of the aggravating circumstances, the courts
and there is no aggravating circumstance, shall not impose a greater penalty than that
the lesser penalty shall be applied. prescribed by law, in its maximum period.

4. When both mitigating and aggravating 7. Within the limits of each period, the court
circumstances attended the commission of shall determine the extent of the penalty
the act, the court shall reasonably allow according to the number and nature of the
them to offset one another in consideration aggravating and mitigating circumstances
of their number and importance, for the and the greater and lesser extent of the evil
purpose of applying the penalty in produced by the crime.
accordance with the preceding rules,
according to the result of such Article 65. Rule in cases in which the penalty is not
compensation. composed of three periods. - In cases in which the
penalty prescribed by law is not composed of three
Article 64. Rules for the application of penalties periods, the courts shall apply the rules contained in
which contain three periods. - In cases in which the the foregoing articles, dividing into three equal
penalties prescribed by law contain three periods, portions of time included in the penalty prescribed,
whether it be a single divisible penalty or composed and forming one period of each of the three portions.
of three different penalties, each one of which forms
a period in accordance with the provisions of Articles Article 66. Imposition of fines. - In imposing fines
76 and 77, the court shall observe for the application the courts may fix any amount within the limits
of the penalty the following rules, according to established by law; in fixing the amount in each case
whether there are or are not mitigating or aggravating attention shall be given, not only to the mitigating
circumstances: and aggravating circumstances, but more particularly
to the wealth or means of the culprit.
1. When there are neither aggravating nor
mitigating circumstances, they shall impose Article 67. Penalty to be imposed when not all the
the penalty prescribed by law in its medium requisites of exemption of the fourth circumstance of
period. Article 12 are present. - When all the conditions
required in circumstances Number 4 of Article 12 of
2. When only a mitigating circumstances is this Code to exempt from criminal liability are not
present in the commission of the act, they present, the penalty of arresto mayor in its maximum
shall impose the penalty in its minimum period to prision correccional in its minimum period
period. shall be imposed upon the culprit if he shall have
been guilty of a grave felony, and arresto mayor in
3. When an aggravating circumstance is its minimum and medium periods, if of a less grave
present in the commission of the act, they felony.
shall impose the penalty in its maximum
period. Article 68. Penalty to be imposed upon a person
under eighteen years of age. - When the offender is a
4. When both mitigating and aggravating minor under eighteen years and his case is one
circumstances are present, the court shall coming under the provisions of the paragraphs next
reasonably offset those of one class against to the last of Article 80 of this Code, the following
the other according to their relative weight. rules shall be observed:

5. When there are two or more mitigating 1. Upon a person under fifteen but over nine
circumstances and no aggravating years of age, who is not exempted from
circumstances are present, the court shall liability by reason of the court having
 declared that he acted with discernment, a 7. Arresto menor,
discretionary penalty shall be imposed, but
always lower by two degrees at least than 8. Destierro,
that prescribed by law for the crime which
he committed. 9. Perpetual absolute disqualification,

2. Upon a person over fifteen and under 10 Temporal absolute disqualification.

eighteen years of age the penalty next lower
than that prescribed by law shall be
imposed, but always in the proper period. 11. Suspension from public office, the right
to vote and be voted for, the right to follow a
profession or calling, and
Article 69. Penalty to be imposed when the crime
committed is not wholly excusable. - A penalty lower
by one or two degrees than that prescribed by law 12. Public censure.
shall be imposed if the deed is not wholly excusable
by reason of the lack of some of the conditions Notwithstanding the provisions of the rule next
required to justify the same or to exempt from preceding, the maximum duration of the convict's
criminal liability in the several cases mentioned in sentence shall not be more than three-fold the length
Article 11 and 12, provided that the majority of such of time corresponding to the most severe of the
conditions be present. The courts shall impose the penalties imposed upon him. No other penalty to
penalty in the period which may be deemed proper, which he may be liable shall be inflicted after the
in view of the number and nature of the conditions of sum total of those imposed equals the same
exemption present or lacking. maximum period.

Article 70. Successive service of sentence. - When Such maximum period shall in no case exceed forty
the culprit has to serve two or more penalties, he shall years.
serve them simultaneously if the nature of the
penalties will so permit otherwise, the following rules In applying the provisions of this rule the duration of
shall be observed: perpetual penalties (pena perpetua) shall be computed
at thirty years. (As amended).
In the imposition of the penalties, the order of their
respective severity shall be followed so that they may
be executed successively or as nearly as may be
possible, should a pardon have been granted as to the
penalty or penalties first imposed, or should they
have been served out.

For the purpose of applying the provisions of the next

preceding paragraph the respective severity of the
penalties shall be determined in accordance with the
following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,
Article 71. Graduated scales. - In the case in which
the law prescribed a penalty lower or higher by one
or more degrees than another given penalty, the rules Article 72 Preference in the payment of the civil
prescribed in Article 61 shall be observed in liabilities. - The civil liabilities of a person found
graduating such penalty. guilty of two or more offenses shall be satisfied by
following the chronological order of the dates of the
The lower or higher penalty shall be taken from the judgments rendered against him, beginning with the
graduated scale in which is comprised the given first in order of time.
penalty.
Section Three. - Provisions common in the last two
The courts, in applying such lower or higher penalty, preceding sections
shall observe the following graduated scales:
Article 73. Presumption in regard to the imposition
SCALE NO. 1 of accessory penalties. - Whenever the courts shall
impose a penalty which, by provision of law, carries
1. Death, with it other penalties, according to the provisions of
Articles 40, 41, 42, 43 and 44 of this Code, it must be
2. Reclusion perpetua, understood that the accessory penalties are also
imposed upon the convict.
3. Reclusion temporal,
Article 74. Penalty higher than reclusion perpetua in
certain cases. - In cases in which the law prescribes a
4. Prision mayor, penalty higher than another given penalty, without
specially designating the name of the former, if such
5. Prision correccional, higher penalty should be that of death, the same
penalty and the accessory penalties of Article 40,
6. Arresto mayor, shall be considered as the next higher penalty.

7. Destierro, Article 75. Increasing or reducing the penalty of fine

by one or more degrees. - Whenever it may be
8. Arresto menor, necessary to increase or reduce the penalty of fine by
one or more degrees, it shall be increased or reduced,
respectively, for each degree, by one-fourth of the
9. Public censure,
maximum amount prescribed by law, without
however, changing the minimum.
10. Fine.
The same rules shall be observed with regard of fines
SCALE NO. 2 that do not consist of a fixed amount, but are made
proportional.
1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the
right to vote and be voted for, the
right to follow a profession or
calling,

4. Public censure,
5. Fine.
Article 76. Legal period of duration of divisible parts, forming three periods, the minimum, the
penalties. - The legal period of duration of divisible medium, and the maximum in the manner shown in
penalties shall be considered as divided into three the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE

TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time

included in the included in its
included in its included in its
  penalty in its minimum
medium period maximum
entirety period
From 14
From 17
From 12 years years, 8
From 12 years years, 4
Reclusion and 1 day to months and 1
and 1 day to months and 1
temporal 14 years and 8 day to 17
20 years. day to 20
months. years and 4
years.
months.
Prision mayor,
absolute
From 6 years From 6 years From 8 years From 10 years
disqualification
and 1 day to and 1 day to 8 and 1 day to and 1 day to
and special
12 years. years. 10 years. 12 years.
temporary
disqualification
From 2 years,
Prision From 6 From 4 years,
From 6 4 months and
correccional, months and 1 2 months and
months and 1 1 day to 4
suspension day to 2 years 1 day to 6
day to 6 years. years and 2
and destierro and 4 months. years.
months.
From 2 From 4
From 1 month
From 1 to 2 months and 1 months and 1
Arresto mayor and 1 day to
months. day to 4 day to 6
months.
months. months.
From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30
Arresto menor
days. days. days. days.
Article 77. When the penalty is a the law prescribes a penalty
complex one composed of three composed of three
distinct penalties. - In cases in which

distinct penalties, each one shall form a period; the If at any time the convict shall recover his reason, his
lightest of them shall be the minimum the next the sentence shall be executed, unless the penalty shall
medium, and the most severe the maximum period. have prescribed in accordance with the provisions of
this Code.
Whenever the penalty prescribed does not have one
of the forms specially provided for in this Code, the The respective provisions of this section shall also be
periods shall be distributed, applying by analogy the observed if the insanity or imbecility occurs while the
prescribed rules. convict is serving his sentence.

Chapter Five Article 80. Suspension of sentence of minor

EXECUTION AND SERVICE OF PENALTIES delinquents. - Whenever a minor of either sex, under
sixteen years of age at the date of the commission of
Section One. - General Provisions a grave or less grave felony, is accused thereof, the
court, after hearing the evidence in the proper
Article 78. When and how a penalty is to be proceedings, instead of pronouncing judgment of
executed. - No penalty shall be executed except by conviction, shall suspend all further proceedings and
virtue of a final judgment. shall commit such minor to the custody or care of a
public or private, benevolent or charitable institution,
established under the law of the care, correction or
A penalty shall not be executed in any other form education of orphaned, homeless, defective, and
than that prescribed by law, nor with any other delinquent children, or to the custody or care of any
circumstances or incidents than those expressly other responsible person in any other place subject to
authorized thereby. visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if
In addition to the provisions of the law, the special there be any, or otherwise by the superintendent of
regulations prescribed for the government of the public schools or his representatives, subject to such
institutions in which the penalties are to be suffered conditions as are prescribed hereinbelow until such
shall be observed with regard to the character of the minor shall have reached his majority age or for such
work to be performed, the time of its performance, less period as the court may deem proper. The court,
and other incidents connected therewith, the relations in committing said minor as provided above, shall
of the convicts among themselves and other persons, take into consideration the religion of such minor, his
the relief which they may receive, and their diet. parents or next of kin, in order to avoid his
commitment to any private institution not under the
The regulations shall make provision for the control and supervision of the religious sect or
separation of the sexes in different institutions, or at denomination to which they belong.
least into different departments and also for the
correction and reform of the convicts. The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public
Article 79. Suspension of the execution and service schools or his representatives, or the person to whose
of the penalties in case of insanity. - When a convict custody or care the minor has been committed, shall
shall become insane or an imbecile after final submit to the court every four months and as often as
sentence has been pronounced, the execution of said required in special cases, a written report on the good
sentence shall be suspended only with regard to the or bad conduct of said minor and the moral and
personal penalty, the provisions of the second intellectual progress made by him.
paragraph of circumstance number 1 of Article 12
being observed in the corresponding cases.
The suspension of the proceedings against a minor paid by said municipality shall be borne by the
may be extended or shortened by the court on the National Government. Chartered cities shall pay two-
recommendation of the Director of Public Welfare or thirds of said expenses; and in case a chartered city
his authorized representative or agents, or the cannot pay said expenses, the internal revenue
superintendent of public schools or his allotments which may be due to said city shall be
representatives, according as to whether the conduct withheld and applied in settlement of said
of such minor has been good or not and whether he indebtedness in accordance with section five hundred
has complied with the conditions imposed upon him, and eighty-eight of the Administrative Code.
or not. The provisions of the first paragraph of this
article shall not, however, be affected by those Section Two. - Execution of principal penalties.
contained herein.
Article 81. When and how the death penalty is to be
If the minor has been committed to the custody or executed. - The death sentence shall be executed with
care of any of the institutions mentioned in the first reference to any other and shall consist in putting the
paragraph of this article, with the approval of the person under sentence to death by electrocution. The
Director of Public Welfare and subject to such death sentence shall be executed under the authority
conditions as this official in accordance with law may of the Director of Prisons, endeavoring so far as
deem proper to impose, such minor may be allowed possible to mitigate the sufferings of the person under
to stay elsewhere under the care of a responsible sentence during electrocution as well as during the
person. proceedings prior to the execution.

If the minor has behaved properly and has complied If the person under sentence so desires, he shall be
with the conditions imposed upon him during his anaesthetized at the moment of the electrocution.
confinement, in accordance with the provisions of
this article, he shall be returned to the court in order Article 82. Notification and execution of the sentence
that the same may order his final release. and assistance to the culprit. - The court shall
designate a working day for the execution but not the
In case the minor fails to behave properly or to hour thereof; and such designation shall not be
comply with the regulations of the institution to communicated to the offender before sunrise of said
which he has been committed or with the conditions day, and the execution shall not take place until after
imposed upon him when he was committed to the the expiration of at least eight hours following the
care of a responsible person, or in case he should be notification, but before sunset. During the interval
found incorrigible or his continued stay in such between the notification and the execution, the culprit
institution should be inadvisable, he shall be returned shall, in so far as possible, be furnished such
to the court in order that the same may render the assistance as he may request in order to be attended
judgment corresponding to the crime committed by in his last moments by priests or ministers of the
him. religion he professes and to consult lawyers, as well
as in order to make a will and confer with members
The expenses for the maintenance of a minor of his family or persons in charge of the management
delinquent confined in the institution to which he has of his business, of the administration of his property,
been committed, shall be borne totally or partially by or of the care of his descendants.
his parents or relatives or those persons liable to
support him, if they are able to do so, in the Article 83. Suspension of the execution of the death
discretion of the court; Provided, That in case his sentence. - The death sentence shall not be inflicted
parents or relatives or those persons liable to support upon a woman within the three years next following
him have not been ordered to pay said expenses or the date of the sentence or while she is pregnant, nor
are found indigent and cannot pay said expenses, the upon any person over seventy years of age. In this
municipality in which the offense was committed last case, the death sentence shall be commuted to the
shall pay one-third of said expenses; the province to penalty of reclusion perpetua with the accessory
which the municipality belongs shall pay one-third; penalties provided in Article 40.
and the remaining one-third shall be borne by the
National Government: Provided, however, That Article 84. Place of execution and persons who may
whenever the Secretary of Finance certifies that a witness the same. - The execution shall take place in
municipality is not able to pay its share in the the penitentiary of Bilibid in a space closed to the
expenses above mentioned, such share which is not
public view and shall be witnessed only by the priests Article 89. How criminal liability is totally
assisting the offender and by his lawyers, and by his extinguished. - Criminal liability is totally
relatives, not exceeding six, if he so request, by the extinguished:
physician and the necessary personnel of the penal
establishment, and by such persons as the Director of 1. By the death of the convict, as to the
Prisons may authorize. personal penalties and as to pecuniary
penalties, liability therefor is extinguished
Article 85. Provisions relative to the corpse of the only when the death of the offender occurs
person executed and its burial. - Unless claimed by before final judgment.
his family, the corpse of the culprit shall, upon the
completion of the legal proceedings subsequent to the 2. By service of the sentence;
execution, be turned over to the institute of learning
or scientific research first applying for it, for the 3. By amnesty, which completely
purpose of study and investigation, provided that extinguishes the penalty and all its effects;
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 4. By absolute pardon;
government expense, granting permission to be
present thereat to the members of the family of the 5. By prescription of the crime;
culprit and the friends of the latter. In no case shall
the burial of the body of a person sentenced to death 6. By prescription of the penalty;
be held with pomp.
7. By the marriage of the offended woman,
Article 86. Reclusion perpetua, reclusion temporal, as provided in Article 344 of this Code.
prision mayor, prision correccional and arresto
mayor. - The penalties of reclusion perpetua, Article 90. Prescription of crime. - Crimes
reclusion temporal, prision mayor, prision punishable by death, reclusion perpetua or reclusion
correccional and arresto mayor, shall be executed temporal shall prescribe in twenty years.
and served in the places and penal establishments
provided by the Administrative Code in force or
Crimes punishable by other afflictive penalties shall
which may be provided by law in the future.
prescribe in fifteen years.
Article 87. Destierro. - Any person sentenced to
Those punishable by a correctional penalty shall
destierro shall not be permitted to enter the place or
prescribe in ten years; with the exception of those
places designated in the sentence, nor within the
punishable by arresto mayor, which shall prescribe in
radius therein specified, which shall be not more than
five years.
250 and not less than 25 kilometers from the place
designated.
The crime of libel or other similar offenses shall
prescribe in one year.
Article 88. Arresto menor. - The penalty of arresto
menor shall be served in the municipal jail, or in the
house of the defendant himself under the surveillance The crime of oral defamation and slander by deed
of an officer of the law, when the court so provides in shall prescribe in six months.
its decision, taking into consideration the health of
the offender and other reasons which may seem Light offenses prescribe in two months.
satisfactory to it.
When the penalty fixed by law is a compound one,
Title Four the highest penalty shall be made the basis of the
application of the rules contained in the first, second
EXTINCTION OF CRIMINAL LIABILITY and third paragraphs of this article. (As amended by
RA 4661, approved June 19, 1966).
Chapter One
TOTAL EXTINCTION OF CRIMINAL Article 91. Computation of prescription of offenses. -
LIABILITY The period of prescription shall commence to run
from the day on which the crime is discovered by the granted conditional pardon shall incur the obligation
offended party, the authorities, or their agents, and of complying strictly with the conditions imposed
shall be interrupted by the filing of the complaint or therein otherwise, his non-compliance with any of the
information, and shall commence to run again when conditions specified shall result in the revocation of
such proceedings terminate without the accused the pardon and the provisions of Article 159 shall be
being convicted or acquitted, or are unjustifiably applied to him.
stopped for any reason not imputable to him.
Article 96. Effect of commutation of sentence. - The
The term of prescription shall not run when the commutation of the original sentence for another of a
offender is absent from the Philippine Archipelago. different length and nature shall have the legal effect
of substituting the latter in the place of the former.
Article 92. When and how penalties prescribe. - The
penalties imposed by final sentence prescribe as Article 97. Allowance for good conduct. - The good
follows: conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the
1. Death and reclusion perpetua, in twenty period of his sentence:
years;
1. During the first two years of his
2. Other afflictive penalties, in fifteen years; imprisonment, he shall be allowed a
deduction of five days for each month of
3. Correctional penalties, in ten years; with good behavior;
the exception of the penalty of arresto
mayor, which prescribes in five years; 2. During the third to the fifth year,
inclusive, of his imprisonment, he shall be
4. Light penalties, in one year. allowed a deduction of eight days for each
month of good behavior;
Article 93. Computation of the prescription of
penalties. - The period of prescription of penalties 3. During the following years until the tenth
shall commence to run from the date when the culprit year, inclusive, of his imprisonment, he shall
should evade the service of his sentence, and it shall be allowed a deduction of ten days for each
be interrupted if the defendant should give himself month of good behavior; and
up, be captured, should go to some foreign country
with which this Government has no extradition 4. During the eleventh and successive years
treaty, or should commit another crime before the of his imprisonment, he shall be allowed a
expiration of the period of prescription. deduction of fifteen days for each month of
good behaviour.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL Article 98. Special time allowance for loyalty. - A
LIABILITY deduction of one-fifth of the period of his sentence
shall be granted to any prisoner who, having evaded
Article 94. Partial Extinction of criminal liability. - the service of his sentence under the circumstances
Criminal liability is extinguished partially: 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
1. By conditional pardon; 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 justified, the Director of Prisons shall grant
3. For good conduct allowances which the allowances for good conduct. Such allowances once
culprit may earn while he is serving his granted shall not be revoked.
sentence.
Title Five
Article 95. Obligation incurred by person granted
conditional pardon. - Any person who has been
CIVIL LIABILITY fears shall be primarily liable and secondarily, or, if
there be no such persons, those doing the act shall be
Chapter One liable, saving always to the latter that part of their
PERSON CIVILLY LIABLE FOR FELONIES property exempt from execution.

Article 100. Civil liability of a person guilty of Article 102. Subsidiary civil liability of innkeepers,
felony. - Every person criminally liable for a felony is tavernkeepers and proprietors of establishments. - In
also civilly liable. default of the persons criminally liable, innkeepers,
tavernkeepers, and any other persons or corporations
Article 101. Rules regarding civil liability in certain shall be civilly liable for crimes committed in their
cases. - The exemption from criminal liability establishments, in all cases where a violation of
established in subdivisions 1, 2, 3, 5 and 6 of Article municipal ordinances or some general or special
12 and in subdivision 4 of Article 11 of this Code police regulation shall have been committed by them
does not include exemption from civil liability, which or their employees.
shall be enforced subject to the following rules:
Innkeepers are also subsidiarily liable for the
First. In cases of subdivisions 1, 2, and 3 of Article restitution of goods taken by robbery or theft within
12, the civil liability for acts committed by an their houses from guests lodging therein, or for the
imbecile or insane person, and by a person under nine payment of the value thereof, provided that such
years of age, or by one over nine but under fifteen guests shall have notified in advance the innkeeper
years of age, who has acted without discernment, himself, or the person representing him, of the
shall devolve upon those having such person under deposit of such goods within the inn; and shall
their legal authority or control, unless it appears that furthermore have followed the directions which such
there was no fault or negligence on their part. 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
Should there be no person having such insane, with violence against or intimidation of persons
imbecile or minor under his authority, legal unless committed by the innkeeper's employees.
guardianship or control, or if such person be
insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting property Article 103. Subsidiary civil liability of other
exempt from execution, in accordance with the civil persons. - The subsidiary liability established in the
law. next preceding article shall also apply to employers,
teachers, persons, and corporations engaged in any
kind of industry for felonies committed by their
Second. In cases falling within subdivision 4 of servants, pupils, workmen, apprentices, or employees
Article 11, the persons for whose benefit the harm in the discharge of their duties.
has been prevented shall be civilly liable in
proportion to the benefit which they may have
received. Chapter Two
WHAT CIVIL LIABILITY INCLUDES
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be Article 104. What is included in civil liability. - The
liable. civil liability established in Articles 100, 101, 102,
and 103 of this Code includes:
When the respective shares cannot be equitably
determined, even approximately, or when the liability 1. Restitution;
also attaches to the Government, or to the majority of
the inhabitants of the town, and, in all events, 2. Reparation of the damage caused;
whenever the damages have been caused with the
consent of the authorities or their agents, 3. Indemnification for consequential
indemnification shall be made in the manner damages.
prescribed by special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of

Article 12, the persons using violence or causing the
Article 105. Restitution; How made. - The restitution Article 110. Several and subsidiary liability of
of the thing itself must be made whenever possible, principals, accomplices and accessories of a felony;
with allowance for any deterioration, or diminution Preference in payment. - Notwithstanding the
of value as determined by the court. provisions of the next preceding article, the
principals, accomplices, and accessories, each within
The thing itself shall be restored, even though it be their respective class, shall be liable severally (in
found in the possession of a third person who has solidum) among themselves for their quotas, and
acquired it by lawful means, saving to the latter his subsidiaries for those of the other persons liable.
action against the proper person, who may be liable
to him. The subsidiary liability shall be enforced, first against
the property of the principals; next, against that of the
This provision is not applicable in cases in which the accomplices, and, lastly, against that of the
thing has been acquired by the third person in the accessories.
manner and under the requirements which, by law,
bar an action for its recovery. Whenever the liability in solidum or the subsidiary
liability has been enforced, the person by whom
Article 106. Reparation; How made. - The court payment has been made shall have a right of action
shall determine the amount of damage, taking into against the others for the amount of their respective
consideration the price of the thing, whenever shares.
possible, and its special sentimental value to the
injured party, and reparation shall be made Article 111. Obligation to make restitution in certain
accordingly. cases. - Any person who has participated gratuitously
in the proceeds of a felony shall be bound to make
Article 107. Indemnification; What is included. - restitution in an amount equivalent to the extent of
Indemnification for consequential damages shall such participation.
include not only those caused the injured party, but
also those suffered by his family or by a third person Chapter Three
by reason of the crime. EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY
Article 108. Obligation to make restoration,
reparation for damages, or indemnification for Article 112. Extinction of civil liability. - Civil
consequential damages and actions to demand the liability established in Articles 100, 101, 102, and
same; Upon whom it devolves. - The obligation to 103 of this Code shall be extinguished in the same
make restoration or reparation for damages and manner as obligations, in accordance with the
indemnification for consequential damages devolves provisions of the Civil Law.
upon the heirs of the person liable.
Article 113. Obligation to satisfy civil liability. -
The action to demand restoration, reparation, and Except in case of extinction of his civil liability as
indemnification likewise descends to the heirs of the provided in the next preceding article the offender
person injured. shall continue to be obliged to satisfy the civil
liability resulting from the crime committed by him,
Article 109. Share of each person civilly liable. - If notwithstanding the fact that he has served his
there are two or more persons civilly liable for a sentence consisting of deprivation of liberty or other
felony, the courts shall determine the amount for rights, or has not been required to serve the same by
which each must respond. reason of amnesty, pardon, commutation of sentence
or any other reason.