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Assignment 3: Revised Penalties Under Ra 10951

The document discusses revisions made to penalties under RA 10951. Key changes include increasing maximum fines for certain crimes like light felonies, treason, and sedition. Conspiracy and proposal penalties for crimes like rebellion were also adjusted. The revisions aimed to update penalties to current times.

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jon jon
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0% found this document useful (0 votes)
86 views14 pages

Assignment 3: Revised Penalties Under Ra 10951

The document discusses revisions made to penalties under RA 10951. Key changes include increasing maximum fines for certain crimes like light felonies, treason, and sedition. Conspiracy and proposal penalties for crimes like rebellion were also adjusted. The revisions aimed to update penalties to current times.

Uploaded by

jon jon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MALAMUG, JOHN VINCENT U.

JD-4A

ASSIGNMENT 3
REVISED PENALTIES UNDER RA 10951
LEGEND: REMOVED CHANGED ADDED

ARTIC UNDER RPC UNDER RA 10951


LE
xxx xxx
"Light felonies are those infractions of law or the commission of which "Light felonies are those infractions of law or the commission of which
9 the penalty of arresto menor or a fine not exceeding ₱200 or both is the penalty of arresto menor or a fine not exceeding ₱40,000 or both is
provided." provided."
xxx xxx
Fine — When afflictive, correctional or light Penalty. — A fine, Fine - When afflictive, correctional, or light penalty. - A fine, whether
whether imposed as a single or as an alternative penalty, shall be imposed as a single or as an alternative penalty, shall be considered an
considered an afflictive penalty, if it exceeds 6,000 pesos; a afflictive penalty, if it exceeds One million two hundred thousand
26 correctional penalty, if it does not exceed 6,000 pesos but is not less (₱1,200,000); a correctional penalty, if it does not exceed One million
than 200 pesos; and a light penalty, if it be less than 200 pesos. two hundred thousand pesos (₱1,200,000) but is not less than Forty
thousand pesos (₱40,000); and a light penalty, if it be less than Forty
thousand pesos (₱40,000)
Treason - Any Filipino citizen who levies war against the Philippines
Treason. — Any person who, owing allegiance to the United States
or adheres to her enemies, giving them aid or comfort within the
or the Government of the Philippine Islands, not even a foreigner,
Philippines or elsewhere, shall be punished by reclusion perpetua to
levies war against them or adheres to their enemies, giving them aid or
death and shall pay a fine not to exceed Four million pesos
comfort within the Philippine Islands or elsewhere, shall be punished
(₱4,000,000).
by reclusión perpetua to death and shall pay a fine not to exceed
114 P20,000 pesos.
xxx
xxx
"Likewise, an alien, residing in the Philippines, who commits act of
treason as defined in paragraph 1 of this article shall be punished
by reclusion temporal to death and shall pay a fine not to exceed
Four million pesos (₱4,000,000).
Conspiracy and Proposal to Commit Treason — Penalty. — The Conspiracy and proposal to commit treason; Penalty - The conspiracy
conspiracy or proposal to commit the crime of treason shall be or proposal to commit the crime of treason shall be punished
115 punished respectively, by prisión mayor and a fine not exceeding respectively, by prisión mayor and a fine not exceeding Two million
P10,000 pesos, and prisión correccional and a fine not exceeding pesos (₱2,000,000), and prisión correccional and a fire not exceeding
P5,000 pesos. One million pesos (₱1,000.000).
Search Warrants Maliciously Obtained and Abuse in the Service of Search warrants maliciously obtained and abuse in the service of those
Those Legally Obtained. — In addition to the liability attaching to the legally obtained - In addition to the liability attaching to the offender
offender for the commission of any other offense, the penalty of arresto for the commission of any offense, the penalty of arresto mayor in its
mayor in its maximum period to prisión correccional in its minimum maximum period to prisión correccional in its minimum period and a
129
period and a fine not exceeding 1,000 pesos shall be imposed upon any fine not exceeding (₱200,000) shall be imposed upon any public
public officer or employee who shall procure a search warrant without officer or employee who shall procure a search warrant without just
just cause, or, having legally procured the same, shall exceed his cause, or, having legally procured the same, shall exceed his authority
authority or use unnecessary severity in executing the same. or use unnecessary severity in executing the same.
Conspiracy and Proposal to Commit Rebellion or Insurrection. — The
conspiracy and proposal to commit rebellion or insurrection shall be Conspiracy and proposal to commit coup d’etat, rebellion, or
punished, respectively, by prisión correccional in its maximum period insurrection - The conspiracy and proposal to commit coup d’etat shall
and a fine which shall not exceed 5,000 pesos, and by prisión be punished by prisión mayor in its minimum period and a fine which
correccional in its medium period and a fine not exceeding 2,000 shall not exceed One million pesos (₱1,000,000).
pesos.
136
The conspiracy and proposal to commit rebellion or insurrection shall
be punished respectively, by prisión correccional in its maximum
period and a fine which shall not exceed One million pesos
(₱1,000,000) and by prisión correccional in its medium period and a
fine not exceeding Four hundred thousand pesos (₱400,000)."

Penalty for Sedition. — The leader of a sedition shall suffer the penalty Penalty for sedition - The leader of sedition shall suffer the penalty of
of prisión mayor in its minimum period and a fine not exceeding prisión mayorin its minimum period and fine not exceeding Two
10,000 pesos. million pesos (₱2,000,000).
140
Other persons participating therein shall suffer the penalty of prisión Other persons participating therein shall suffer the penalty of prisión
correccional in its maximum period and a fine not exceeding 5,000 correccional in its maximum period and a fine not exceeding One
pesos. million pesos (₱1,000,000).
Conspiracy to commit sedition. - Persons conspiring to commit the
Conspiracy to Commit Sedition. — Persons conspiring to commit the
crime of sedition shall be punished by prisión correccional in its
141 crime of sedition shall be punished by prision correccional in its
medium period and a fine not exceeding Four hundred thousand pesos
medium period and a fine not exceeding 2,000 pesos.
(₱400,000).
Inciting to Sedition. — The penalty of prisión correccional in its Inciting to sedition. - The penally of prisión correccional in its
maximum period and a fine not exceeding 2,000 pesos shall be maximum period and a fine not exceeding Four hundred thousand
imposed upon any person who, without taking any direct part in the pesos (₱400,000) shall be imposed upon any person who, without
crime of sedition, should incite others to the accomplishment of any of taking any direct part in the crime of sedition, should incite others to
the acts which constitute sedition, by means of speeches, the accomplishment of any of the acts which constitute sedition by
proclamations, writings, emblems, cartoons, banners, or other means of speeches, proclamations, writings, emblems, cartoons,
142
representations tending to the same end. banners, or other representations tending to the same end, or upon any
person or persons who shall utter seditious words or speeches,
write, publish, or circulate scurrilous libels against the
Government, or any of the duly constituted authorities thereof, or
which tend to disturb or obstruct any lawful officer in executing
the functions
UNIVERSITY OF THE CORDILLERAS 1 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
of his office, or which tend to instigate others to cabal and meet
together for unlawful purposes or which suggest or incite
rebellious conspiracies or riots, or which lead or tend to stir up the
people against the lawful authorities or to disturb the peace of the
community, the safety and order of the Government, or who shall
knowingly conceal such evil practices."
Acts Tending to Prevent the Meeting of the Legislature and Similar Acts tending to prevent the meeting of Congress and similar bodies -
Bodies. — The penalty of prisión correccional or a fine ranging from The penalty of prisión correccional or a fine ranging from Forty
200 to 2,000 pesos, or both, shall be imposed upon any person who by thousand pesos (₱40,000) to Four hundred thousand pesos
force or fraud prevents the meeting of either of the House of the (₱400,000), or both, shall be imposed upon any person who, by force
143
Legislature or of any provincial board or municipal council. or fraud, prevents the meeting of Congress or of any of its
committees or subcommittees, Constitutional Commissions or
committees or divisions thereof, or of any provincial board or city or
municipal council or board."
Disturbance of proceedings - The penalty of arresto mayor or a fine
Disturbance of Proceedings. — The penalty of arresto mayor or a fine from Forty thousand pesos (₱40,000) to Two hundred thousand
ranging from 200 to 1,000 pesos shall be imposed upon any person pesos (₱200,000) shall be imposed upon any person who disturbs the
who disturbs the meetings of either of the House of the Legislature meetings of Congress or of any of its committees or subcommittees.
144
or of any provincial board or city or municipal council, or in the Constitutional Commissions or committees or divisions thereof, or
presence of any such bodies should behave in such manner as to of any provincial board or city or municipal council or board, or in
interrupt its proceedings or to impair the respect due to it. the presence of any such bodies should behave in such manner as to
interrupt its proceedings or to impair the respect due it."
Illegal Associations. — The penalty of prisión correccional in its Illegal associations. - The penalty of prisión correccional in its
minimum and medium periods and a fine not exceeding 1,000 pesos minimum and medium periods and a fine not exceeding Two hundred
shall be imposed upon the founders, directors, and presidents of thousand pesos (₱200,000) shall be imposed upon the founders,
147 associations totally or partially organized for the purpose of directors, and presidents of associations totally or partially organized
committing any of the crimes punishable under this Code or for some for the purpose of committing any of the crimes punishable under this
purpose contrary to public morals. Mere members of said associations Code or for some purposed contrary to public morals. Mere members
shall suffer the penalty of arresto mayor. said associations shall suffer the penalty of arresto mayor.
Direct Assaults. — Any person or persons who, without a public Direct assaults - Any persons who, without a public uprising, shall
uprising, shall employ force or intimidation for the attainment of any of employ force or intimidation for the attainment of any of the purposes
the purposes enumerated in defining the crimes of rebellion and enumerated in defining the crimes of rebellion and sedition, or shall
sedition, or shall attack, employ force or seriously intimidate or resist attack, employ force, or seriously intimidate or resist any person in
any person in authority or any of his agents, while engaged in the authority of any of his agents, while engaged in the performance of
performance of official duties, or on occasion of such performance, official duties, or on occasion of such performance, shall suffer the
shall suffer the penalty of prisión correccional in its medium and penalty of prisión correccional in its medium and maximum periods
148
maximum periods and a fine not exceeding 1,000 pesos, when the and a fine not exceeding Two hundred thousand pesos (₱200,000),
assault is committed with a weapon or when the offender is a public when the assault is committed with a weapon or when the offender is a
officer or employee, or when the offender lays hands upon a person in public officer or employee, or when the offender lays hands upon a
authority. If none of these circumstances be present, the penalty of person in authority. If none of these circumstances be present, the
prisión correccional in its minimum period and a fine not exceeding penalty of prisión correccional in its minimum period and a fine not
500 pesos shall be imposed. exceeding One hundred thousand pesos (₱100,000) shall be
imposed.
Indirect Assaults. — The penalty of prisión correccional in its Indirect assaults - The penalty of prisión correccional in its minimum
minimum and medium periods and a fine not exceeding 500 pesos and medium periods and a fine not exceeding One hundred thousand
shall be imposed upon any person who shall make use of force or (₱100,000) shall be imposed upon any person who shall make use of
149
intimidation upon any person coming to the aid of the authorities or force or intimidation upon any person coming to the aid of the
their agents on occasion of the commission of any of the crimes authorities or their agents on occasion of the commission of any of the
defined in the next preceding article. crimes defined in the next preceding article."
Disobedience to summons issued by Congress, its committees or
subcommittees, by the Constitutional Commissions, its committees,
subcommittees or divisions - The penalty of arresto mayor or a fine
ranging from Forty thousand pesos (₱40,000) to Two hundred
Disobedience to Summons Issued by a Legislative Body or Committee,
thousand pesos (₱200,000), or both such fine and imprisonment, shall
and Refusal to Testify Before Same. — The penalty of arresto mayor
be imposed upon any person who, having been duly summoned to
or a fine ranging from 200 to 1,000 pesos, or both such fine and
attend as a witness before Congress, its special or standing
imprisonment, shall be imposed upon any person who, having been
committees and subcommittees, the Constitutional Commissions
duly summoned to attend as a witness before either House of the
and its committees, subcommittees, or divisions, or before any
150 legislature, or before any committee thereof, refuses, without legal
commission or committee chairman or member authorized to
excuse, to obey such summons, or being present before any such body
summon witnesses, refuses, without legal excuse to obey such
or committee, refuses to be sworn or placed under affirmation or to
summons, or being present before any such legislative or constitutional
answer any legal inquiry or to produce any books, papers, documents,
body or official, refuses to be sworn or placed under affirmation or to
or records in his possession, when required by them to do so in the
answer any legal inquiry or to produce any books, papers, documents,
exercise of their functions.
or records in his possession, when required by them to do so in the
exercise of their functions. The same penalty shall be imposed upon
any person who shall induce disobedience to summons or refusal to
be sworn by any such body or official."
151 Resistance and Disobedience to a Person in Authority or the Agents of Resistance and disobedience to a person in authority or the agents of
Such Person. — The penalty of arresto mayor and a fine not exceeding such person - The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any person who not being included in One hundred thousand pesos (₱100,000) shall be imposed upon any
the provisions of the preceding articles shall resist or seriously disobey person who not being included in the provisions of the preceding
any person in authority, or the agents of such person, while engaged in articles shall resist or seriously disobey any person in authority, or the
the performance of official duties. agents of such person, while engaged in the performance of official
duties.
When the disobedience to an agent of a person in authority is not of a "When the disobedience to an agent of a person in authority is not of a
serious nature, the penalty of arresto menor or a fine ranging from 10 serious nature, the penalty of arresto menor or a fine ranging from Two
to 100 pesos shall be imposed upon the offender. thousand pesos (₱2,000) to Twenty thousand pesos (₱20,000) shall
be imposed
UNIVERSITY OF THE CORDILLERAS 2 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
upon the offender."
Tumults and other disturbances of public order; Tumultuous
Tumults and Other Disturbances of Public Orders — Tumultuous
disturbance or interruption liable to cause disturbance - The penalty of
Disturbance or Interruption Liable to Cause Disturbance. — The
arresto mayor in its medium period to prisión correccional in its
penalty of arresto mayor in its medium period to prision correccional in
minimum period and a fine not exceeding Two hundred thousand
its minimum period and a fine not exceeding 1,000 pesos shall be
pesos (₱200,000) shall be imposed upon any person who shall cause
imposed upon any person who shall cause any serious disturbance in a
any serious disturbance in a public place, office, or establishment, or
public place, office, or establishment, or shall interrupt or disturb
shall interrupt or disturb public performances, functions or gatherings,
153 public performances, functions or gatherings, or peaceful meetings, if
or peaceful meetings, if the act is not included in the provisions of
the act is not included in the provisions of articles 131 and 132.
Article 131 and 132.
xxx
xxx
The penalty of arresto menor and a fine not to exceed 200 pesos shall
The penalty of arresto mayor and a fine not to exceed Forty thousand
be imposed upon those persons who in violation of the provisions
pesos (₱40,000) shall be imposed upon these person who in violation
contained in the last clause of article 85 shall bury with pomp the body
of the provisions contained in the last clause of Article 85, shall bury
of a person who has been legally executed.
with pomp the body of a person who has been legally executed.
Unlawful Use of Means of Publication. — The penalty of arresto
mayor or a fine ranging from 200 to 1,000 pesos shall be imposed Unlawful use of means of publication and unlawful utterances. - The
upon: penalty of arresto mayor and a fine ranging from Forty thousand
pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be
1. Any person who by means of printing, lithography, or any other imposed upon:
means of publication, shall maliciously publish as news any false news 1. Any person who by means of printing, lithography, or any other
which may endanger the public order or cause damage to the interest or means of publication shall publish or cause to be published as news
credit of the State; any false news which may endanger the public order, or cause damage
to the interest or credit of the State;
2. Any person who by the same means, shall encourage disobedience to 2. Any person who by the same means, or by words, utterances or
154
the law or to the constituted authorities or praise, justify or extol any speeches shall encourage disobedience to the law or to the constituted
act punished by law; authorities or praise, justify, or extol an, act punished by law;
3. Any person who shall maliciously publish or cause to be published
3. Any person who shall maliciously publish any official resolution or any official resolution or document without proper authority or before
document without proper authority, or before they have been published they have been published officially; or
officially; or 4. Any person who shall print, publish, or distribute or cause to be
printed, published, or distributed books, pamphlets, periodicals, or
4. Any person who shall print or publish books, pamphlets, periodicals, leaflets which do not bear the real printer’s name, or which are
or leaflets which do not bear the real printer’s name. classified as anonymous.

Alarms and Scandals. — The penalty of arresto menor or fine not


Alarms and scandals.— The penalty of arresto menor or a fine not
exceeding 200 pesos shall be imposed upon:
155 exceeding Forty thousand pesos (₱40,000) shall be imposed upon:
xxx
xxx
Making and Importing and Uttering False Coins. — Any person who
makes, imports, or utters false coins, in connivance with counterfeiters
Making and importing and uttering false coins - Any person who make,
or importers, shall suffer:
imports, or utters false coins, in connivance with counterfeiters, or
1. Prisión mayor in its minimum and medium periods and a fine not to
importers, shall suffer:
exceed 10,000 pesos, if the counterfeited coin be gold or silver coin of
1. Prisión correccional in its minimum and medium periods and a fine
the United States or of the Philippine Islands.
163 not to exceed Four hundred thousand pesos (₱400,000), if the
2. Prisión correccional in its minimum and medium periods and a fine
counterfeited coins be any of the coinage of the Philippines.
of not to exceed 2,000 pesos, if the counterfeited coin be any of the
2. Prisión correccional in its minimum period and a fine not to exceed
minor coinage of the United States or of the Philippine Islands.
Two hundred thousand pesos (₱200,000), if the counterfeited coin be
3. Prisión correccional in its minimum period and a fine not to
currency of a foreign country."
exceed 1,000 pesos, if the counterfeited coin be currency of a
foreign country.
Mutilation of Coins — Importation and Utterance of Mutilated Coins. Mutilation of coins; Importation and utterance of mutilated coins - The
— The penalty of prisión correccional in its minimum period and a fine penalty of prisión correccional in its minimum period and a fine not to
not to exceed 2,000 pesos shall be imposed upon any person who shall exceed Four hundred thousand pesos (₱400,000) shall be imposed
164
mutilate coins of the legal currency of the United States or of the upon any person who shall mutilate coins of the legal currency of the
Philippine Islands or import or utter mutilated current coins, or in Philippines or import or utter mutilated current coins, or in connivance
connivance with mutilators or importers. with mutilators or importers."

UNIVERSITY OF THE CORDILLERAS 3 SUBMITTED TO JUDGE ISAGANI CALDERON


COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3

Forging Treasury or Bank Notes or Other Documents Payable to


Forging treasury or bank notes or other documents payable to bearer;
Bearer; Importing, and Uttering Such False or Forged Notes and
Importing, and uttering such false or forged notes and documents - The
Documents. — The forging or falsification of treasury or bank notes or
forging or falsification of treasury or bank notes or certificates or other
certificates or other obligations and securities payable to bearer and the
obligations and securities payable to bearer and the importation and
importation and uttering in connivance with forgers or importers of
uttering in connivance with forgers or importers of such false or forced
such false or forged obligations or notes, shall be punished as follows:
obligation or notes shall be punished as follows:
1. By reclusión temporal in its minimum period and a fine not to
"1. By reclusion temporal in its minimum period and a fine not to
exceed 10,000 pesos, if the document which has been falsified,
exceed two million pesos (₱2,000,000), if the document which has
counterfeited, or altered is an obligation or security of the United
been falsified, counterfeited, or altered is an obligation or security of
States or of the Philippine Islands.
the Philippines.
The word “obligation or security of the United States or of the
"The words ‘obligation or security of the Philippines’ shall mean all
Philippine Islands” shall be held to mean all bonds, certificates of
bonds, certificates of indebtedness, national bank notes, coupons,
indebtedness, national bank notes, coupons, United States or
Philippine notes, treasury notes, fractional notes, certificates of
Philippine Islands notes, treasury notes, fractional notes, certificates
deposit, bills, checks, or drafts for money, drawn by or upon authorized
of deposit, bills, checks, or drafts for money, drawn by or upon
officers of the Philippines, and other representatives of value, of
166 authorized officers of the United States or of the Philippine Islands,
whatever denomination, which have been or may be issued under any
and other representatives of value, of whatever denomination, which
act of Congress.
have been or may be issued under any act of the Congress of the
United States or of the Philippine Legislature.
2. By prisión mayor in its maximum period and a fine not to exceed
2. By prisión mayor in its maximum period and a fine not to exceed
5,000 pesos, if the falsified or altered document is a circulating note
one million pesos (₱1,000,000), if the falsified or altered documents is
issued by any banking association duly authorized by law to issue the
a circulating note issued by any banking association duly authorized by
same.
law to issue the same.
3. By arresto mayor in its medium period and a fine not to exceed one
3. By prisión mayor in its medium period and a fine not to exceed
million pesos (₱1,000,000), if the falsified or counterfeited document
5,000 pesos, if the falsified or counterfeited document was issued by a
was issued by a foreign government.
foreign government.
4. By prisión mayor in its minimum period and a fine not to exceed
Four hundred thousand pesos (₱400,000), when the forged or altered
4. By prisión mayor in its minimum period and a fine not to exceed
document is a circulating note or bill issued by a foreign bank duly
2,000 pesos, when the forged or altered document is a circulating note
authorized therefor."
or bill issued by a foreign bank duly authorized therefor.

Counterfeiting, Importing and Uttering Instruments Payable to Bearer.


Counterfeiting, importing and uttering instruments not payable to
— Any person who shall forge, import or utter, in connivance with the
bearer. - Any person who shall forge, import or utter, in connivance
forgers or importers, any instrument payable to order or other
with the forgers or importers, any instrument payable to order or other
167 document of credit not payable to bearer, shall suffer the penalties of
document of credit not payable to bearer, shall suffer the penalties of
prision correccional in its medium and maximum periods and a fine not
prisión correccional in its medium and maximum periods and a fine not
exceeding 6,000 pesos.
exceeding one million two hundred thousand pesos (₱1,200,000).
Falsification of Legislative Documents. — The penalty of prisión Falsification of legislative documents. - The penalty of prisión
correccional in its maximum period and a fine not exceeding 6,000 correccional in its maximum period and a fine not exceeding one
pesos shall be imposed upon any person who, without proper authority million two hundred thousand pesos (₱1,200,000) shall be imposed
170 therefor alters any bill, resolution, or ordinance enacted or approved or upon any person who, without proper authority therefor alters any bill,
pending approval by either House of the Legislature or any provincial resolution, or ordinance enacted or approved or pending approval by
board or municipal council. either House of Congress or any provincial board or municipal
council."
Falsification by Public Officer, Employee or Notary or Ecclesiastic Falsification by public officer, employee or notary or ecclesiastic
Minister. — The penalty of prisión mayor and a fine not to exceed minister. - The penalty of prisión mayor and a fine not to exceed One
5,000 pesos shall be imposed upon any public officer, employee, or million pesos (₱1,000,000) shall be imposed upon any public officer,
171
notary who, taking advantage of his official position, shall falsify a employee, or notary who, taking advantage of his of position shall
document by committing any of the following acts: falsify a document by committing any of the following acts:
xxx xxx
Falsification by private individual and use of falsified documents. - The
Falsification by Private Individuals and Use of Falsified Documents.
penalty of prisión correccional in its medium and maximum periods
— The penalty of prisión correccional in its medium and maximum
172 and a fine of not more than One million pesos (₱1,000,000) shall be
periods and a fine of not more than 5,000 pesos shall be imposed upon:
imposed upon:
xxx
xxx
False Medical Certificates, False Certificates of Merit or Service, etc. False medical certificates, false certificates of merits or service, etc. -
— The penalties of arresto mayor in its maximum period to prision The penalties of arresto mayor in its maximum period to prisión
174 correccional in its minimum period and a fine not to exceed 1,000 correccional in its minimum period and a fine not to exceed Two
pesos shall be imposed upon: hundred thousand pesos (₱200,000) shall be imposed upon:
xxx xxx
Manufacturing and Possession of Instruments or Implements for Manufacturing and possession of instruments or implements for
Falsification. — The penalty of prisión correccional in its medium and falsification. - The penalty of prisión correccional in its medium and
maximum periods and a fine not to exceed 10,000 pesos shall be maximum periods and a fine not to exceed One million pesos
imposed upon any person who shall make or introduce into the (₱1,000,000) shall be imposed upon any person who shall make or
176 Philippine Islands any stamps, dies, marks, or other instruments or introduce into the Philippines any stamps, dies, marks, or other
implements intended to be used in the commission of the offenses of instruments or implements intended to be used in the commission of
counterfeiting or falsification mentioned in the preceding sections of the offenses of counterfeiting or falsification mentioned in the
this chapter. preceding section of this Chapter.
xxx xxx
Using Fictitious Name and Concealing True Name. — The penalty of Using fictitious name and concealing true name - The penalty of
arresto mayor and a fine not to exceed 500 pesos shall be imposed arresto mayor and a fine not to exceed One hundred thousand pesos
178
upon any person who shall publicly use a fictitious name for the (₱100,000) shall be imposed upon any person who shall publicly use a
purpose of fictitious
UNIVERSITY OF THE CORDILLERAS 4 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
concealing a crime, evading the execution of a judgment or causing
name for the purpose of concealing a crime, evading the execution of a
damage.
judgment or causing damage.
Any person who conceals his true name and other personal
Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
circumstances shall be punished by arresto menor or a fine not to
exceed Forty thousand pesos (₱40,000).
exceed 200 pesos.
False testimony against a defendant. - Any person who shall give false
False Testimony Against a Defendant. — Any person who shall give
testimony against the defendant in any criminal case shall suffer:
false testimony against the defendant in any criminal case shall suffer:
xxx
180 xxx
In cases provided in subdivisions 3 and 4 of this article the offender
In cases provided in subdivisions 3 and 4 of this article the offender
shall further a fine not to exceed Two hundred thousand pesos
shall further suffer a fine not to exceed 1,000 pesos.
(₱200,000).
False Testimony Favorable to the Defendant. — Any person who shall False testimony favorable to the defendant. - Any person who shall
give false testimony in favor of the defendant in a criminal case, shall give false testimony in favor of the defendant in a criminal case, shall
suffer the penalties of arresto mayor in its maximum period to prisión suffer the penalties of arresto mayor in its maximum period of prisión
181 correccional in its minimum period and a fine not to exceed 1,000 correccional in its minimum period and a fine not to exceed Two
pesos, if the prosecution is for a felony punishable by an afflictive hundred thousand pesos (₱200,000), if the prosecution is for a felony
penalty, and the penalty of arresto mayor in any other case. punishable by an afflictive penalty, and the penalty of arresto mayor in
any other case."
False testimony in civil cases - Any person found guilty of false
False Testimony in Civil Cases. — Any person found guilty of false
testimony in a civil case shall suffer the penalty of prisión correccional
testimony in a civil case shall suffer the penalty of prisión correccional
in its minimum period and a fine not to exceed One million two
in its minimum period and a fine not to exceed 6,000 pesos, if the
hundred thousand pesos (₱1,200,000), if the amount in controversy
amount in controversy shall exceed 5,000 pesos, and the penalty of
182 shall exceed One million pesos (₱1,000,000), and the penalty of
arresto mayor in its maximum period to prisión correccional in its
arresto mayor in its maximum period to prisión correccional in its
minimum period and a fine not to exceed 1,000 pesos, if the amount in
minimum period and a fine not to exceed Two hundred thousand
controversy shall not exceed said amount or cannot be estimated.
pesos (₱200,000), if the amount in controversy shall not exceed said
amount or cannot be estimated."
Importation and Disposition of Falsely Marked Articles or Importation and disposition of falsely marked articles or merchandise
Merchandise Made of Gold, Silver, or Other Precious Metals or Their made of gold, silver, or other precious metals or their alloys. - The
Alloys. — The penalty of prisión correccional or a fine ranging from penalty of prisión correccional or a fine ranging from Forty thousand
200 to 1,000 pesos, or both, shall be imposed upon any person who pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or
shall knowingly import or sell or dispose of any article or merchandise both, shall be imposed upon any person who shall knowingly import or
187
made of gold, silver, or other precious metals, or their alloys, with sell or dispose of any article or merchandise made of gold, silver, or
stamps, brands, or marks, which fail to indicate the actual fineness or other precious metals, or their alloys, with stamps, brands, or marks
quality of said metals or alloys. which fail to indicate the actual fineness or quality of said metals or
alloys.
xxx xxx
Immoral Doctrines, Obscene Publications and Exhibitions. — The Immoral doctrines, obscene publications and exhibitions and indecent
penalty of prisión correccional in its minimum period, or a fine ranging shows - The penalty of prisión mayor or a fine ranging from Twenty
from 200 to 2,000 pesos, or both, shall be imposed upon: thousand pesos (₱20,000) to Two hundred thousand pesos
(₱200,000), or both such imprisonment and fine, shall be imposed
xxx upon:
2. The authors of obscene literature, published with their knowledge in xxx
any form, and the editors publishing such literature; 2. a. The authors of obscene literature, published with their knowledge
in any form; the editors publishing such literature; and the
owners/operators of the establishment selling the same;
3. Those who in theaters, fairs, cinematographs or any other place open b. Those who, in theaters, fairs, cinematographs or any other place,
to public view, shall exhibit indecent or immoral plays, scenes, acts or exhibit indecent or immoral plays, scenes, acts or shows, it being
201 shows; and understood that the obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live or in film, which are
prescribed by virtue hereof, shall include those which: (1) glorify
criminals or condone crimes; (2) serve no other purpose but to
satisfy the market for violence, lust or pornography; (3) offend any
race or religion; (4) tend to abet traffic in and use of prohibited
drugs; and (5) are contrary to law, public orders, morals, and good
customs, established policies, lawful orders, decrees and edicts; and
3. Those who shall sell, give away or exhibit films, prints, engravings,
sculpture or literature which are offensive to morals.
4. Those who shall sell, give away or exhibit prints, engravings,
sculptures or literature which are offensive to morals.
5. Prostitutes. For the purposes of this article, women who, for money Prostitutes; Penalty. - For the purpose of this article, women who, for
or profit, habitually indulge in sexual intercourse or lascivious conduct, money or profit, habitually indulge in sexual intercourse or lascivious
are deemed to be prostitutes. conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this article
Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding Twenty
202
shall be punished by arresto menor or a fine not exceeding 200 pesos, thousand pesos (₱20,000), and in case of recidivism, by arresto mayor
and in case of recidivism, by arresto mayor in its medium period to in its medium period to prisión correccional in its minimum period or a
prisión correccional in its minimum period or a fine ranging from 200 fine ranging from Twenty thousand pesos (₱20,000) to Two
to 2,000 pesos, or both, in the discretion of the court. hundred thousand pesos (₱200,000), or both, in the discretion of the
court."
Betrayal of Trust by an Attorney or Solicitor — Revelation of Secrets. Betrayal of trust by an attorney or solicitor.— Revelation of Secrets. -
— In addition to the proper administrative action, the penalty of prisión In addition to the proper administrative action, the penalty of prisión
correccional in its minimum period, or a fine ranging from 200 to correccional in its minimum period, or a fine ranging from Forty
209 1,000 pesos, or both, shall be imposed upon any attorney-at-law or thousand pesos (₱40,000) to Two hundred thousand pesos
solicitor (procurador judicial) who, by any malicious breach of (₱200,000), or both, shall be imposed upon any attorney-at-law or any
professional duty or inexcusable negligence or ignorance, shall person duly authorized to represent and/or assist a party to a case
prejudice his who, by any
UNIVERSITY OF THE CORDILLERAS 5 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
client, or reveal any of the secrets of the latter learned by him in his malicious breach of professional duty or of inexcusable negligence or
professional capacity. ignorance, shall prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
"The same penalty shall be imposed upon an attorney-at-law or any
The same penalty shall be imposed upon an attorney-at-law or person duly authorized to represent and/or assist a party to a case
solicitor (procurador judicial) who, having undertaken the defense of who, having undertaken the defense of a client or having received
a client or having received confidential information from said client in confidential information from said client in a case, shall undertake the
a case, shall undertake the defense of the opposing party in the same defense of the opposing party in the same case, without the consent of
case, without the consent of his first client. his first client."
Frauds Against the Public Treasury and Similar Offenses. — The Frauds against the public treasury and similar offenses. - The penalty
penalty of prisión correccional in its medium period to prisión mayor of prisión correccional in its medium period to prisión mayor in its
in its minimum period, or a fine ranging from 200 to 10,000 pesos, or minimum period, or a fine ranging from Forty thousand pesos
213
both, shall be imposed upon any public officer who: (₱40,000) to Two million pesos (₱2,000,000), or both, shall be
imposed upon any public officer who:
xxx xxx
Prohibited Transactions. — The penalty of prisión correccional in its Prohibited transactions. - The penalty of prisión correccional in its
minimum period or a fine ranging from 200 to 1,000 pesos, or both, minimum period or a fine ranging from Forty thousand pesos
shall be imposed upon any appointive public officer who, during his (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall
215 incumbency, shall directly or indirectly become interested in any be imposed upon any appointive public officer who, during his
transaction of exchange or speculation within the territory subject to incumbency, shall directly or indirectly become interested in any
his jurisdiction. transaction of exchange or speculation within the territory subject to
his jurisdiction."
Possession of Prohibited Interest by a Public Officer. — The penalty of Possession of prohibited interest by a public officer. - The penalty of
arresto mayor in its medium period to prisión correccional in its arresto mayor in its medium period to prisión correccional in its
minimum period, or a fine ranging from 200 to 1,000 pesos, or both, minimum period, or a fine ranging from Forty thousand pesos
shall be imposed upon a public officer who, directly or indirectly, shall (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall
216
become interested in any contract or business in which it is his official be imposed upon a public officer who directly or indirectly, shall
duty to intervene. become interested in any contract or business in which it is his official
duty to intervene.
xxx xxx
Malversation of Public Funds or Property — Presumption of
Malversation of public funds or property.— Presumption of
Malversation. — Any public officer who, by reason of the duties of his
malversation. - Any public officer who, by reason of the duties of his
office, is accountable for public funds or property, shall appropriate the
office, is accountable for public funds or property, shall appropriate the
same, or shall take or misappropriate or shall consent, or through
same, or shall take or misappropriate or shall consent, through
abandonment or negligence, shall permit any other person to take such
abandonment or negligence, shall permit any other person to take such
public funds or property, wholly or partially, or shall otherwise be
public funds or property, wholly or partially, or shall otherwise be
guilty of the misappropriation or malversation of such funds or
guilty of the misappropriation or malversation of such funds or
property, shall suffer:
property, shall suffer:
1. The penalty of prisión correccional in its minimum and medium
1. The penalty of prisión correccional in its medium and maximum
periods, if the amount involved in the misappropriation or malversation
periods, if the amount involved in the misappropriation or malversation
does not exceed 200 pesos.
does not exceed Forty thousand pesos (₱40,000).
2. The penalty of prisión correccional in its maximum period to prisión
2. The penalty of prisión mayor in its minimum and medium periods, if
mayor in its minimum period, if the amount involved is more than 200
the amount involved is more than Forty thousand pesos (₱40,000) but
pesos but does not exceed 6,000 pesos.
does not exceed One million two hundred thousand pesos
3. The penalty of prisión mayor in its medium and maximum periods,
217 (₱1,200,000).
if the amount involved is more than 6,000 pesos but is less than 12,000
3. The penalty of prisión mayor in its maximum period to reclusion
pesos.
temporal in its minimum period, if the amount involved is more than
One million two hundred thousand pesos (₱1,200,000) but does not
exceed Two million four hundred thousand pesos (₱2,400,000).
4. The penalty of reclusión temporal in its minimum and medium
4. The penalty of reclusion temporal, in its medium and maximum
periods, if the amount involved is more than 12,000 pesos but is less
periods, if the amount involved is more than Two million four
than 22,000 pesos. If the amount exceeds the latter, the penalty shall be
hundred thousand pesos (₱2,400,000) but does not exceed Four
reclusión temporal in its medium and maximum periods.
million four hundred thousand pesos (₱4,400,000).
5. The penalty of reclusion temporal in its maximum period, if the
amount involved is more than Four million four hundred thousand
pesos (₱4,400,000) but does not exceed Eight million eight hundred
thousand pesos (₱8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.
xxx
xxx
Failure of Accountable Officer to Render Accounts. — Any public
Failure of accountable officer to render accounts. - Any public officer,
officer, whether in the service or separated therefrom by resignation or
whether in the service or separated therefrom by resignation or any
any other cause, who is required by law or regulation to render account
other cause, who is required by law or regulation to render account to
to the Insular Auditor, or to a provincial auditor and who fails to do
the Commission on Audit, or to a provincial auditor and who fails to
218 so for a period of two months after such accounts should be rendered,
do so for a period of two (2) months after such accounts should be
shall be punished by prisión correccional in its minimum period, or by
rendered shall be punished by prisión correccional in its minimum
a fine ranging from 200 to 6,000 pesos, or both.
period, or by a fine ranging from Forty thousand pesos (₱40,000) to
One million two hundred thousand pesos (₱1,200,000), or both."
Failure of a Responsible Public Officer to Render Accounts Before Failure of a responsible public officer to render accounts before leaving
Leaving the Country. — Any public officer who unlawfully leaves or the country. - Any public officer who unlawfully leaves or attempts to
attempts to leave the Philippine Islands without securing a certificate leave the Philippines without securing a certificate from the
219 from the Insular Auditor showing that his accounts have been finally Commission on Audit showing that his accounts have been finally
settled, shall be punished by arresto mayor, or a fine ranging from 200 settled, shall be punished by arresto mayor, or a fine ranging from
to 1,000 pesos, or both. Forty thousand pesos (₱40,000) to Two hundred thousand pesos
(₱200,000, or both."
221 Failure to Make Delivery of Public Funds or Property. — Any public Failure to make delivery of public funds or property. - Any public
officer under officer under
UNIVERSITY OF THE CORDILLERAS 6 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
obligation to make payment from Government funds in his possession, obligation to make payment from Government funds in his possession,
who shall fail to make such payment, shall be punished by arresto who shall fail to make such payment, shall be punished by arresto
mayor and a fine of from 5 to 25 per cent of the sum which he failed to mayor and a fine from five (5) to twenty-five (25) percent of the sum
pay. which he failed to pay.
xxx xxx
The fine shall be graduated in such case by the value of the thing, The fine shall be graduated in such case by the value of the thing:
provided that it shall not be less than 50 pesos. Provided, That it shall not be less than Ten thousand pesos
(₱10,000)."
Removal, Concealment or Destruction of Documents. — Any public
officer who shall remove, destroy or conceal documents or papers Removal, concealment or destruction of documents. - Any public
officially entrusted to him, shall suffer: officer who shall remove, destroy or conceal documents or papers
1. The penalty of prisión mayor and a fine not exceeding 1,000 pesos, officially entrusted to him, shall suffer:
whenever serious damage shall have been caused thereby to a third 1. The penalty of prisión mayor and a fine not exceeding Two
party or to the public interest. hundred thousand pesos (₱200,000), whenever serious damage shall
have been caused thereby to a third party or to the public interest.
226 2. The penalty of prisión correccional in its minimum and medium 2. The penalty of prisión correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos, whenever the damage period and a fine not exceeding Two hundred thousand pesos
caused to a third party or to the public interest shall not have been (₱200,000), whenever the damage caused to a third party or to the
serious. public interest shall not have been serious.
In either case, the additional penalty of temporary special
In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification
disqualification in its maximum period to perpetual special shall be imposed.
disqualification shall be imposed.
Officer breaking seal - Any public officer charged with the custody of
Officer Breaking Seal. — Any public officer charged with the custody
papers or property sealed by proper authority, who shall break the seals
of papers or property sealed by proper authority, who shall break the
or permit them to be broken, shall suffer the penalties of prisión
227 seals or permit them to be broken, shall suffer the penalties of prisión
correccional in its minimum and medium periods, temporary special
correccional in its minimum and medium periods, temporary special
disqualification and a fine not exceeding Four hundred thousand
disqualification and a fine not exceeding 2,000 pesos.
pesos (₱400,000).
Opening of Closed Documents. — Any public officer not included in Opening of closed documents. - Any public officer not included in the
the provisions of the next preceding article who, without proper provisions of the next preceding article who, without proper authority,
authority, shall open or shall permit to be opened any closed papers, shall open or shall permit to be opened any closed papers, documents
228
documents or objects entrusted to his custody, shall suffer the penalties or objects entrusted to his custody, shall suffer the penalties of arresto
of arresto mayor, temporary special disqualification and a fine not mayor, temporary special disqualification and a fine not exceeding
exceeding 2,000 pesos. Four hundred thousand pesos (₱400,000).
Revelation of secrets by an officer. - Any public officer who shall
Revelation of Secrets by an Officer. — Any public officer who shall
reveal any secret known to him by reason of his official capacity, or
reveal any secret known to him by reason of his official capacity, or
shall wrongfully deliver papers or copies of papers of which he may
shall wrongfully deliver papers or copies of papers of which he may
have charge and which should not be published, shall suffer the
have charge and which should not be published, shall suffer the
penalties of prisión correccional in its medium and maximum periods,
penalties of prisión correccional in its medium and maximum periods,
perpetual special disqualification and a fine not exceeding Four
229 perpetual special disqualification and a fine not exceeding 2,000 pesos
hundred thousand pesos (₱400,000) if the revelation of such secrets
if the revelation of such secrets or the delivery of such papers shall
or the delivery of such papers shall have caused serious damage to the
have caused serious damage to the public interest; otherwise, the
public interest; otherwise, the penalties of prisión correccional in its
penalties of prisión correccional in its minimum period, temporary
minimum period, temporary special disqualification and a fine not
special disqualification and a fine not exceeding 500 pesos shall be
exceeding One hundred thousand (₱100,000) pesos shall be
imposed.
imposed.
Public Officer Revealing Secrets of Private Individual. — Any public
Public officer revealing secrets of private individual. - Any public
officer to whom the secrets of any private individual shall become
officer to whom the secrets of any private individual shall become
known by reason of his office who shall reveal such secrets, shall
230 known by reason of his office who shall reveal such secrets, shall
suffer the penalties of arresto mayor and a fine not exceeding 1,000
suffer the penalties of arresto mayor and a fine not exceeding Two
pesos.
hundred thousand pesos (₱200,000).
Open Disobedience. — Any judicial or executive officer who shall Open disobedience. - Any judicial or executive officer who shall
openly refuse to execute the judgment, decision or order of any openly refuse to execute the judgment, decision or order of any
superior authority made within the scope of the jurisdiction of the latter superior authority made within the scope of the jurisdiction of the latter
and issued with all the legal formalities, shall suffer the penalties of and issue with all the legal formalities, shall suffer the penalties of
231
arresto mayor in its medium period to prisión correccional in its arresto mayor in its medium period to prisión correccional in its
minimum period, temporary special disqualification in its maximum minimum period, temporary special disqualification in its maximum
period and a fine not exceeding 1,000 pesos. period and a fine not exceeding Two hundred thousand pesos
(₱200,000).
Refusal of Assistance. — The penalties of arresto mayor in its medium Refusal of assistance. - The penalties of arresto mayor in tits medium
period to prisión correccional in its minimum period, perpetual special period to prisión correccional in its minimum period, perpetual special
disqualification and a fine not exceeding 1,000 pesos, shall be imposed disqualification and a fine not exceeding Two hundred thousand
upon a public officer who, upon demand from competent authority, pesos (₱200,000), shall be imposed upon a public officer who, upon
shall fail to lend his cooperation towards the administration of justice demand from competent authority, shall fail to lend his cooperation
233
or other public service, if such failure shall result in serious damage to towards the administration of justice or other public service, if such
the public interest, or to a third party; otherwise, arresto mayor in its failure shall result in serious damage to the public interest, or to a third
medium and maximum periods and a fine not exceeding 500 pesos party; otherwise, arresto mayor in its medium and maximum periods
shall be imposed. and a fine not exceeding One hundred thousand pesos (₱100,000)
shall be imposed."
Refusal to Discharge Elective Office. — The penalty of arresto mayor Refusal to discharge elective office. - The penalty of arresto mayor or a
or a fine not exceeding 1,000 pesos, or both, shall be imposed upon fine not exceeding Two hundred thousand pesos (₱200,000), or both,
234 any person who, having been elected by popular election to a public shall be imposed upon any person who, having been elected by popular
office, shall refuse without legal motive to be sworn in or to discharge election to a public office, shall refuse without legal motive to be
the duties of said office. sworn in or to discharge the duties of said office."
235 Maltreatment of Prisoners. — The penalty of arresto mayor in its Maltreatment of prisoners. - The penalty of prisión correccional in its
medium period to medium
UNIVERSITY OF THE CORDILLERAS 7 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
period to prisión mayor in its minimum period, in addition to his
prision correccional in its minimum period, in addition to his liability liability for the physical injuries or damage caused, shall be imposed
for the physical injuries or damage caused, shall be imposed upon any upon any public officer or employee who shall overdo himself in the
public officer or employee who shall overdo himself in the correction correction or handling of a prisoner or detention prisoner under his
or handling of a prisoner or detention prisoner under his charge, by the charge, by the imposition of punishments not authorized by the
imposition of punishment not authorized by the regulations, or by regulations, or by inflicting such punishments in a cruel and
inflicting such punishment in a cruel and humiliating manner. humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain If the purpose of the maltreatment is to extort a confession, or to obtain
some information from the prisoner, the offender shall be punished by some information from the prisoner, the offender shall be punished by
prision correccional in its minimum period, temporary special prisión mayor in its minimum period, temporary special
disqualification and a fine not exceeding 500 pesos, in addition to his disqualification and a fine not exceeding One hundred thousand
liability for the physical injuries or damage caused. pesos (₱100,000), in addition to his liability for the physical injuries or
damage."
Anticipation of Duties of a Public Office. — Any person who shall Anticipation of duties of a public office. - Any person who shall
assume the performance of the duties and powers of any public office assume the performance of the duties and powers of any public or
or employment without first being sworn in or having given the bond employment without first being sworn in or having given the bond
236 required by law, shall be suspended from such office or employment required by law, shall be suspended from such office or employment
until he shall have complied with the respective formalities and shall be until he shall have complied with the respective formalities and shall be
fined from 200 to 500 pesos. fined from Forty thousand pesos (₱40,000) to One hundred
thousand pesos (₱100,000).
Prolonging Performance of Duties and Powers. — Any public officer Prolonging performance of duties and powers.— Any public officer
who shall continue to exercise the duties and powers of his office, who shall continue to exercise the duties and powers of his office,
employment or commission, beyond the period provided by law, employment or commission, beyond the period provided by law,
237 regulations or special provisions applicable to the case, shall suffer the regulation or special provisions applicable to the case, shall suffer the
penalties of prisión correccional in its minimum period, special penalties prisión correccional in its minimum period, special temporary
temporary disqualification in its minimum period and a fine not disqualification in its minimum period and a fine not exceeding One
exceeding 500 pesos. hundred thousand pesos (₱100,000).
Usurpation of Legislative Powers. — The penalties of prisión
Usurpation of legislative powers. - The penalties of prisión
correccional in its minimum period, temporary special disqualification
correccional in its minimum period, temporary special disqualification
and a fine not exceeding 1,000 pesos, shall be imposed upon any
and a fine not exceeding Two hundred thousand pesos (₱200,000),
public officer who shall encroach upon the powers of the legislative
239 shall be imposed upon any public officer who shall encroach upon the
branch of the Government, either by making general rules or
powers of the legislative branch of the Government, either by making
regulations beyond the scope of his authority, or by attempting to
general rules or regulations beyond the scope of his authority, or by
repeal a law or suspending the execution thereof.
attempting to repeal a law or suspending the execution thereof."
Disobeying Request for Disqualification. — Any public officer who,
Disobeying request for disqualification. - Any public officer who,
before the question of jurisdiction is decided, shall continue any
before the question of jurisdiction is decided, shall continue any
proceeding after having been lawfully required to refrain from so
242 proceeding after having been lawfully required to refrain from so
doing, shall be punished by arresto mayor and a fine not exceeding 500
doing, shall be punished by arresto mayor and a fine not exceeding
pesos.
One hundred thousand pesos (₱100,000).
Orders or requests by executive officers to any judicial authority. - Any
Orders or Requests by Executive Officers to Any Judicial Authority. —
executive officer who shall address any order or suggestion to any
Any executive officer who shall address any order or suggestion to any
judicial authority with respect to any case or business coming within
243 judicial authority with respect to any case or business coming within
the exclusive jurisdiction of the courts of justice shall suffer the penalty
the exclusive jurisdiction of the courts of justice shall suffer the penalty
of arresto mayor and a fine not exceeding One hundred thousand
of arresto mayor and a fine not exceeding 500 pesos.
pesos (₱100,000).
Art. 244. Unlawful appointments. - Any public officer who shall
Unlawful Appointments. — Any public officer who shall knowingly
knowingly nominate or appoint to any public office any person lacking
nominate or appoint to any public office any person lacking the legal
244 the legal qualifications therefor, shall suffer the penalty of arresto
qualifications therefor, shall suffer the penalty of arresto mayor and a
mayor and a fine not exceeding Two hundred thousand pesos
fine not exceeding 1,000 pesos.
(₱200,000).
Abortion Practiced by a Physician or Midwife and Dispensing of
Abortion practiced by a physician or midwife and dispensing of
Abortives. — The penalties provided in article 256 shall be imposed in
abortives. - The penalties provided in Article 256 shall be imposed in
its maximum period, respectively, upon any physician or midwife who,
its maximum period, respectively, upon any physician or midwife who,
taking advantage of their scientific knowledge or skill, shall cause an
taking advantage of their scientific knowledge or skill, shall cause an
259 abortion or assist in causing the same.
abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician,
Any pharmacist who, without the proper prescription from a physician
shall dispense any abortive shall suffer arresto mayor and a fine not
shall dispense any abortive shall suffer arresto mayor and a fine not
exceeding 1,000 pesos.
exceeding One hundred thousand pesos (₱100,000).
Less Serious Physical Injuries. — Any person who shall inflict upon
Less serious physical injuries. - Any person who shall inflict upon
another physical injuries not described in the preceding articles, but
another physical injuries not described in the preceding articles, but
which shall incapacitate the offended party for labor for ten days or
which shall incapacitate the offended party for labor for ten (10) days
more, or shall require medical attendance for the same period, shall be
or more, or shall require medical assistance for the same period, shall
guilty of less serious physical injuries and shall suffer the penalty of
be guilty of less serious physical injuries and shall suffer the penalty of
arresto mayor.
arresto mayor.
265 Whenever less serious physical injuries shall have been inflicted with
Whenever less serious physical injuries shall have been inflicted with
the manifest intent to insult or offend the injured person, or under
the manifest intent to insult or offend the injured person, or under
circumstances adding ignominy to the offense, in addition to the
circumstances adding ignominy to the offense, in addition to the
penalty of arresto mayor, a fine not exceeding 500 pesos shall be
penalty of arresto mayor, a fine not exceeding Fifty thousand pesos
imposed.
(₱50,000) shall be imposed.
xxx
xxx
266 Slight Physical Injuries and Maltreatment. — The crime of slight Slight physical injuries and maltreatment. - The crime of slight
physical injuries shall be punished: physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries 1. By arresto mayor when the offender has inflicted physical injuries
which shall which shall
UNIVERSITY OF THE CORDILLERAS 8 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
incapacitate the offended party for labor from one to nine days, or shall incapacitate the offended party for labor from one (1) days to nine (9)
require medical attendance during the same period. days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 200 pesos and censure 2. By arresto menor or a fine not exceeding Forty thousand pesos
when the offender has caused physical injuries which do not prevent (₱40,000) and censure when the offender has caused physical injuries
the offended party from engaging in his habitual work nor require which do not prevent the offended party from engaging in his habitual
medical attendance. work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 3. By arresto menor in its minimum period or a fine not exceeding Five
pesos when the offender shall ill-treat another by deed without causing thousand pesos (₱5,000) when the offender shall ill-treat another by
any injury. deed without causing any injury.
Slight Illegal Detention. — The penalty of prisión mayor shall be Slight illegal detention. - The penalty of reclusion temporal shall be
imposed upon any private individual who shall commit the crimes imposed upon any private individual who shall commit the crimes
described in the next preceding article without the attendance of any of described in the next preceding article without the attendance of any of
the circumstances enumerated therein. the circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the The same penalty shall be incurred by anyone who shall furnish the
place for the perpetration of the crime. place for the perpetration of the crime.
268
If the offender shall voluntarily release the person so locked up or If the offender shall voluntarily release the person so kidnapped or
detained within three days from the commencement of the detention, detained within three (3) days from the commencement of the
without having attained the purpose intended, and before the institution detention, without having attained the purpose intended, and before the
of criminal proceedings against him, the penalty shall be prisión institution of criminal proceedings against him, the penalty shall be
correccional in its minimum and medium periods and a fine not prisión mayor in its minimum and medium periods and a fine not
exceeding 500 pesos. exceeding One hundred thousand pesos (₱100,000)."
Unlawful Arrest. — The penalty of arresto mayor and a fine not Unlawful arrest. - The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any person who, in any exceeding One hundred thousand pesos (₱100,000) shall be imposed
269 case other than those authorized by law, or without reasonable ground upon any person who, in any case other than those authorized by law,
therefor, shall arrest or detain another for the purpose of delivering him or without reasonable ground therefor, shall arrest or detain another for
to the proper authorities. the purpose of delivering him to the proper authorities."
Inducing a Minor to Abandon his Home. — The penalty of arresto Inducing a minor to abandon his home. - The penalty of prisión
mayor and a fine not exceeding 500 pesos shall be imposed upon correccional and a fine not exceeding One hundred thousand pesos
anyone who shall induce a person under age but over seven years to (₱100,000) shall be imposed upon anyone who shall induce a minor to
abandon the home of his parents or guardians or the persons entrusted abandon the home of his parents or guardians or the persons entrusted
271 with his custody. with his custody.
If the person committing any of the crimes covered by the two If the person committing any of the crimes covered by the two (2)
preceding articles shall be the father or the mother of the minor, the preceding articles shall be the father or the mother of the minor, the
penalty shall be arresto menor or a fine not exceeding 200 pesos, or penalty shall be arresto mayor or a fine not exceeding Forty thousand
both. pesos (₱40,000), or both.
Abandoning a Minor. — The penalty of arresto mayor and a fine not Abandoning a minor. - The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon anyone who shall abandon exceeding One hundred thousand pesos (₱100,000) shall be imposed
a child under seven years of age, the custody of which is incumbent upon anyone who shall abandon a child under seven (7) years of age,
276
upon him. the custody of which is incumbent upon him.
xxx
xxx
Abandonment of Minor by Person Entrusted with his Custody; Abandonment of minor by person entrusted with his custody;
Indifference of Parents. — The penalty of arresto mayor and a fine not Indifference of parents. - The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon anyone who, having exceeding One hundred thousand pesos (₱100,000) shall be imposed
charge of the rearing or education of a minor, shall deliver said minor upon anyone who, having charge off the rearing or education of a
to a public institution or other persons, without the consent of the one minor, shall deliver said minor to a public institution or other persons,
277 who entrusted such child to his care or in the absence of the latter, without the consent of the one who entrusted such child to his care or
without the consent of the proper authorities. in the absence of the latter, without the consent of the proper
authorities.
The same penalty shall be imposed upon the parents who shall neglect The same penalty shall be imposed upon the parents who shall neglect
their children by not giving them the education which their station in their children by not giving them the education which their station in
life require and financial condition permit. life requires and financial condition permits.
Exploitation of Minors. — The penalty of prisión correccional in its Exploitation of minors. - The penalty of prisión correccional in its
minimum and medium periods and a fine not exceeding 500 pesos minimum and medium periods and a fine not exceeding One hundred
278 shall be imposed upon: thousand pesos (₱100,000) shall be imposed upon:
xxx
xxx
Qualified Trespass to Dwelling. — Any private person who shall enter Qualified trespass to dwelling. - Any private person who shall enter the
the dwelling of another against the latter’s will, shall be punished by dwelling of another against the latter’s will shall be punished by arresto
arresto mayor and a fine not exceeding 1,000 pesos. mayor and a fine not exceeding Two hundred thousand pesos
If the offense be committed by means of violence or intimidation, the (₱200,000).
280 penalty shall be prisión correccional in its medium and maximum If the offense be committed by means of violence or intimidation, the
periods and a fine not exceeding 1,000 pesos. penalty shall be prisión correccional in its medium and maximum
xxx periods and a fine not exceeding Two hundred thousand pesos
(₱200,000).
xxx
Other Forms of Trespass. — The penalty of arresto menor or a fine not Other forms of trespass. - The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be imposed upon any person who exceeding Forty thousand pesos (₱40,000), or both, shall be imposed
shall enter the closed premises or the fenced estate of another, while upon any person who shall enter the closed premises or the fenced
281
either of them are uninhabited, if the prohibition to enter be manifest estate of another, while either or both of them are uninhabited, if the
and the trespasser has not secured the permission of the owner or the prohibition to enter be manifest and the trespasser has not secured the
caretaker thereof. permission of the owner or the caretaker thereof."
282 Grave Threats. — Any person who shall threaten another with the Grave threats. - Any person who shall threaten another with the
infliction upon the person, honor or property of the latter or of his infliction upon the person, honor or property of the latter or of his
family of any wrong amounting to a crime, shall suffer: family of any wrong amounting to a crime, shall suffer:
xxx xxx
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if 2. The penalty of arresto mayor and a fine not exceeding One hundred
the threat shall thousand
UNIVERSITY OF THE CORDILLERAS 9 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
not have been made subject to a condition. pesos (₱100,000), if the threat shall not have been made subject to a
condition.
Other Light Threats. — The penalty of arresto menor in its minimum Other light threats. - The penalty of arresto menor in its minimum
period or a fine not exceeding 200 pesos shall be imposed upon: period or a fine not exceeding Forty thousand pesos (₱40,000) shall
285
xxx be imposed upon:
xxx
Grave Coercions. — The penalty of arresto mayor and a fine not Grave coercions. - The penalty of prisión correccional and a fine not
exceeding 500 pesos shall be imposed upon any person who, without exceeding One hundred thousand pesos (₱100,000) shall be imposed
authority of law, shall, by means of violence, prevent another from upon any person who, without any authority of law, shall, by means of
doing something not prohibited by law, or compel him to do something violence, threats, or intimidation, prevent another from doing
against his will, whether it be right or wrong. something not prohibited by law, or compel him to do something
286 against his will, whether it be right or wrong.
If the coercion be committed for the purpose of compelling another If the coercion be committed in violation of the exercise of the right
to perform any religious act or to prevent him from so doing, the of suffrage, or for the purpose of compelling another to perform
penalty next higher in degree shall be imposed. any religious act, or to prevent him from exercising such right or
from so doing such act, the penalty next higher in degree shall be
imposed.
Light Coercions. — Any person who, by means of violence, shall seize Light coercions. - Any person who, by means of violence, shall seize
anything belonging to his debtor for the purpose of applying the same anything belonging to his debtor for the purpose of applying the same
to the payment of the debt, shall suffer the penalty of arresto mayor in to the payment of the debt, shall suffer the penalty of arresto mayor in
its minimum period and a fine equivalent to the value of the thing, but its minimum period and a fine equivalent to the value of the thing, but
287
in no case less than 75 pesos. in no case less than Fifteen thousand pesos (₱15,000).
Any other coercions or unjust vexations shall be punished by arresto "Any other coercions or unjust vexations shall be punished by arresto
menor or a fine ranging from 5 to 200 pesos, or both. menor or a fine ranging from One thousand pesos (₱1,000) to not
more than Forty thousand pesos (₱40,000), or both.
Other Similar Coercions — (Compulsory Purchase of Merchandise and Other similar coercions; (Compulsory purchase of merchandise and
Payment of Wages by Means of Tokens). — The penalty of arresto payment of wages by means of tokens. - The penalty of arresto mayor
mayor or a fine ranging from 200 to 500 pesos, or both, shall be or a fine ranging from Forty thousand pesos (₱40,000) to One
imposed upon any person, agent or officer of any association or hundred thousand pesos (₱100,000), or both, shall be imposed upon
corporation who shall force or compel, directly or indirectly, or shall any person, agent or officer of any association or corporation who shall
knowingly permit any laborer or employee employed by him or by force or compel, directly or indirectly, or shall knowingly permit any
288 such firm or corporation to be forced or compelled, to purchase laborer or employee employed by him or by such firm or corporation to
merchandise or commodities of any kind. be forced or compelled, to purchase merchandise or commodities of
any kind.
The same penalties shall be imposed upon any person who shall pay The same penalties shall be imposed upon any person who shall pay
the wages due a laborer or employee employed by him, by means of the wages due a laborer or employee employed by him, by means of
tokens or objects other than the legal tender currency of the Philippine tokens or objects other than the legal tender currency of the
Islands, unless expressly requested by the laborer or employee. Philippines, unless expressly requested by the laborer or employee.
Formation, Maintenance and Prohibition of Combination of Capital or Formation, maintenance and prohibition of combination of capital or
Labor Through Violence or Threats. — The penalty of arresto mayor labor through violence or threats. - The penalty of arresto mayor and a
and a fine not exceeding 300 pesos shall be imposed upon any person fine not exceeding Sixty thousand pesos (₱60,000) shall be imposed
who, for the purpose of organizing, maintaining or preventing upon any person who, for the purpose of organizing, maintaining or
289 coalitions of capital or labor, strike of laborers or lock-out of preventing coalitions of capital or labor, strike of laborers or lock-out
employees, shall employ violence or threats in such a degree as to of employers, shall employ violence or threats in such a degree as to
compel or force the laborers or employers in the free and legal exercise compel or force the laborers or employees in the free and legal exercise
of their industry or work, if the act shall not constitute a more serious of their industry or work, if the act shall not constitute a more serious
offense in accordance with the provisions of this Code. offense in accordance with the provisions of this Code."
Discovering Secrets Through Seizure of Correspondence. — The Discovering secrets through seizure of correspondence. - The penalty
penalty of prisión correccional in its minimum and medium periods of prisión correccional in its minimum and medium periods and a fine
and a fine not exceeding 500 pesos shall be imposed upon any private not exceeding One hundred thousand pesos (₱100,000) shall be
individual who in order to discover secrets of another, shall seize his imposed upon any private individual who in order to discover the
papers or letters and reveal the contents thereof. secrets of another, shall seize his papers or letters and reveal the
290 contents thereof.
If the offender shall not reveal such secrets, the penalty shall be arresto
mayor and a fine not exceeding One hundred thousand pesos
If the offender shall not reveal such secrets, the penalty shall be arresto (₱100,000).
mayor and a fine not exceeding 500 pesos. xxx
xxx
Revealing Secrets With Abuse of Office. — The penalty of arresto Revealing secrets with abuse of office. - The penalty of arresto mayor
mayor and a fine not exceeding 500 pesos shall be imposed upon any and a fine not exceeding One hundred thousand pesos (₱100,000)
291 manager, employee, or servant who, in such capacity, shall learn the shall be imposed upon any manager, employee or servant who, in such
secrets of his principal or master and shall reveal such secrets. capacity, shall learn the secrets of his principal or master and shall
reveal such secrets."
Revelation of Industrial Secrets. — The penalty of prisión correccional
Revelation of industrial secrets. - The penalty of prisión correccional in
in its minimum and medium periods and a fine not exceeding 500
its minimum and medium periods and a fine not exceeding One
pesos shall be imposed upon the person in charge, employee or
hundred thousand pesos (₱100,000) shall be imposed upon the
292 workman of any manufacturing or industrial establishment who, to the
person in charge, employee or workman of any manufacturing or
prejudice of the owner thereof, shall reveal the secrets of the industry
industrial establishment who, to the prejudice of the owner thereof,
of the latter.
shall reveal the secrets of the industry of the latter."
Robbery in an Inhabited House or Public Building or Edifice Devoted Robbery in an inhabited house or public building or edifice devoted to
to Worship. — Any armed person who shall commit robbery in an worship. - Any armed person who shall commit robbery in an inhabited
inhabited house or public building or edifice devoted to religious house or public building or edifice devoted to religious worship, shall
worship, shall be punished by prisión mayor in its medium period to be punished by reclusion temporal, if the value of the property taken
299
reclusión temporal in its minimum period, if the value of the property shall exceed Fifty thousand pesos (₱50,000), and if—
taken shall exceed 250 pesos, and if —
xxx xxx
When the When the
UNIVERSITY OF THE CORDILLERAS 10 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
offenders do not carry arms, and the value of the property taken offenders do not carry arms, and the value of the property taken
exceeds 250 pesos, the penalty next lower in degree shall be imposed. exceeds Fifty thousand pesos (₱50,000), the penalty next lower in
The same rule shall be applied when the offenders are armed, but the degree shall be imposed.
value of the property taken does not exceed 250 pesos. The same rule shall be applied when the offenders are armed, but the
When said offenders do not carry arms and the value of the property value of the property taken does not exceed Fifty thousand pesos
taken does not exceed 250 pesos, they shall suffer the penalty (₱50,000).
prescribed in the two next preceding paragraphs, in its minimum When said offenders do not carry arms and the value of the property
period. taken does not exceed Fifty thousand pesos (₱50,000), they shall
xxx suffer the penalty prescribed in the two (2) next preceding paragraphs,
in its minimum period.
xxx
Robbery in an Uninhabited Place or in a Private Building. — Any
Robbery in an uninhabited place or in a private building. - Any robbery
robbery committed in an uninhabited place or in a building other than
committed in an uninhabited place or in a building other than those
those mentioned in the first paragraph of article 299, if the value of the
mentioned in the first paragraph of Article 299, if the value of the
property taken exceeds 250 pesos, shall be punished by prisión
property taken exceeds Fifty thousand pesos (₱50,000), shall be
correccional in its medium and maximum periods provided that any of
punished by prisión correccional in its medium and maximum periods
302 the following circumstances is present:
provided that any of the following circumstances is present:
xxx
xxx
When the value of the property taken does not exceed 250 pesos, the
"When the value of the property taken does not exceed Fifty thousand
penalty next lower in degree shall be imposed.
pesos (₱50,000), the penalty next lower in degree shall be imposed.
xxx
xxx
Penalties. — Any person guilty of theft shall be punished by:
Penalties. - Any person guilty of theft shall be punished by:
1. The penalty of prisión mayor in its minimum and medium periods, if
1. The penalty of prisión mayor in its minimum and medium periods, if
the value of the thing stolen is more than 12,000 pesos but does not
the value of the thing stolen is more than One million two hundred
exceed 22,000 pesos; but if the value of the thing stolen exceeds the
thousand pesos (₱1,200,000) but does not exceed Two million two
latter amount, the penalty shall be the maximum period of the one
hundred thousand pesos (₱2,200,000); but if the value of the thing
prescribed in this paragraph, and one year for each additional ten
stolen exceeds the latter amount, the penalty shall be the maximum
thousand pesos, but the total of the penalty which may be imposed
period of the one prescribed in this paragraph, and one (1) year for each
shall not exceed twenty years. In such cases, and in connection with the
additional One million pesos (₱1,000,000), but the total of the penalty
accessory penalties which may be imposed and for the purpose of the
which may be imposed shall not exceed twenty (20) years. In such
other provisions of this Code, the penalty shall be termed prisión
cases, and in connection with the accessory penalties which may be
mayor or reclusión temporal, as the case may be.
imposed and for the purpose of the other provisions of this Code, the
penalty shall be termed prisión mayor or reclusion temporal, as the
2. The penalty of prisión correccional in its medium and maximum
case may be.
periods, if the value of the thing stolen is more than 6,000 pesos but
2. The penalty of prisión correccional in its medium and maximum
does not exceed 12,000 pesos.
periods, if the value of the thing stolen is more than Six hundred
thousand pesos (₱600,000) but does not exceed One million two
hundred thousand pesos (₱1,200,000).
3. The penalty of prisión correccional in its minimum and medium
3. The penalty of prisión correccional in its minimum and medium
periods, if the value of the property stolen is more than 200 pesos but
periods, if the value of the property stolen is more than Twenty
does not exceed 6,000 pesos.
thousand pesos (₱20,000) but does not exceed Six hundred
309
thousand pesos (₱600,000).
4. Arresto mayor in its medium period to prisión correccional in its
4. Arresto mayor in its medium period to prisión correccional in its
minimum period, if the value of the property stolen is over 50 pesos
minimum period, if the value of the property stolen is over Five
but does not exceed 200 pesos.
thousand pesos (₱5,000) but does not exceed Twenty thousand pesos
(₱20,000).
5. Arresto mayor to its full extent, if such value is over 5 pesos but
5. Arresto mayor to its full extent, if such value is over Five hundred
does not exceed 50 pesos.
pesos (₱500) but does not exceed Five thousand pesos (₱5,000).
6. Arresto mayor in its minimum and medium periods, if such value
6. Arresto mayor in its minimum and medium periods, if such value
does not exceed Five hundred pesos (₱500).
does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding Twenty thousand pesos
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is
(₱20,000), if the theft is committed under the circumstances
committed under the circumstances enumerated in paragraph 3 of the
enumerated in paragraph 3 of the next preceding article and the value
next preceding article and the value of the thing stolen does not exceed
of the thing stolen does not exceed Five hundred pesos (₱500). If
5 pesos. If such value exceeds said amount, the provisions of any of
such value exceeds said amount, the provisions of any of the five
the five preceding subdivisions shall be made applicable.
preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine of not exceeding Five
8. Arresto menor in its minimum period or a fine not exceeding 50
thousand pesos (₱5,000), when the value of the thing stolen is not
pesos, when the value of the thing stolen is not over 5 pesos, and the
over Five hundred pesos (₱500), and the offender shall have acted
offender shall have acted under the impulse of hunger, poverty, or the
under the impulse of hunger, poverty, or the difficulty of earning a
difficulty of earning a livelihood for the support of himself or his
livelihood for the support of himself or his family.
family.
Theft of the property of the National Library and National Museum.—
Theft of the Property of the National Library and National Museum. —
If the property stolen be any property of the National Museum, the
If the property stolen be any property of the National Library or of the
penalty shall be arresto mayor or a fine ranging from Forty thousand
National Museum, the penalty shall be arresto mayor or a fine ranging
311 pesos (₱40,000) to One hundred thousand pesos (₱100,000), or
from 200 to 500 pesos, or both, unless a higher penalty should be
both, unless a higher penalty should be provided under other provisions
provided under other provisions of this Code, in which case, the
of this Code, in which case, the offender shall be punished by such
offender shall be punished by such higher penalty.
higher penalty."
Occupation of Real Property or Usurpation of Real Rights in Property. Occupation of real property or usurpation of real rights in property. -
— Any person who, by means of violence against or intimidation of Any person who, by means of violence against or intimidation of
persons, shall take possession of any real property or shall usurp any persons, shall take possession of any real property or shall usurp any
real rights in property belonging to another, in addition to the penalty real rights in property belonging to another, in addition to the penalty
312
incurred for the acts of violence executed by him, shall be punished by incurred for the acts of violence executed by him, shall be punished by
a fine of from 50 to 100 per centum of the gain which he shall have a fine from fifty (50) to one hundred (100) per centum of the gain
obtained, but not less than 75 pesos. which he shall have obtained, but not less than Fifteen thousand pesos
(₱15,000).
UNIVERSITY OF THE CORDILLERAS 11 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
If the value of the gain cannot be ascertained, a fine of from 200 to 500 If the value of the gain cannot be ascertained, a fine from Forty
pesos shall be imposed. thousand pesos (₱40,000) to One hundred thousand pesos
(₱100,000) shall be imposed.
Altering Boundaries or Landmarks. — Any person who shall alter the Altering boundaries or landmarks. - Any person who shall alter the
boundary marks or monuments of towns, provinces, or estates, or any boundary marks or monuments of towns, provinces, or estates, or any
313 other marks intended to designate the boundaries of the same, shall be other marks intended to designate the boundaries of the same, shall be
punished by arresto menor or a fine not exceeding 100 pesos, or both. punished by arresto menor or a fine not exceeding Twenty thousand
pesos (₱20,000), or both."
Swindling (Estafa). — Any person who shall defraud another by any of Swindling (estafa). - Any person who shall defraud another by any of
the means mentioned hereinbelow shall be punished by: the means mentioned hereinbelow shall be punished by:

1st. The penalty of prisión correccional in its maximum period to 1st. The penalty of prisión correccional in its maximum period to
prisión mayor in its minimum period, if the amount of the fraud is over prisión mayor in its minimum period, if the amount of the fraud is over
12,000 pesos but does not exceed 22,000 pesos, and if such amount Two million four hundred thousand pesos (₱2,400,000) but does
exceeds the latter sum, the penalty provided in this paragraph shall be not exceed Four million four hundred thousand pesos (₱4,400,000),
imposed in its maximum period, adding one year for each additional and if such amount exceeds the latter sum, the penalty provided in this
10,000 pesos; but the total penalty which may be imposed shall not paragraph shall be imposed in its maximum period, adding one year for
exceed twenty years. In such cases, and in connection with the each additional Two million pesos (₱2,000,000); but the total penalty
accessory penalties which may be imposed and for the purpose of the which may be imposed shall not exceed twenty years. In such cases,
other provisions of this Code, the penalty shall be termed prisión and in connection with the accessory penalties which may be imposed
mayor or reclusión temporal, as the case may be. and for the purpose of the other provisions of this Code, the penalty
shall be termed prisión mayor or reclusion temporal, as the case may
2nd. The penalty of prisión correccional in its minimum and medium be.
periods, if the amount of the fraud is over 6,000 pesos but does not 2nd. The penalty of prisión correccional in its minimum and medium
exceed 12,000 pesos. periods, if the amount of the fraud is over One million two hundred
thousand pesos (₱1,200,000) but does not exceed Two million four
hundred thousand pesos (₱2,400,000).
3rd. The penalty of arresto mayor in its maximum period to prisión 3rd. The penalty of arresto mayor in its maximum period to prisión
correccional in its minimum period, if such amount is over 200 pesos correccional in its minimum period, if such amount is over Forty
but does not exceed 6,000 pesos; and thousand pesos (₱40,000) but does not exceed One million two
hundred thousand pesos (₱1,200,000).
4th. By arresto mayor in its medium and maximum periods, if such 4th. By arresto mayor in its medium and maximum periods, if such
amount does not exceed 200 pesos, provided that in the four cases amount does not exceed Forty thousand pesos (₱40,000): Provided,
mentioned, the fraud be committed by any of the following means: That in the four cases mentioned, the fraud be committed by any of the
xxx following means:
(d) By post-dating a check, or issuing such check in payment of an xxx
obligation, the offender knowing that at the time he had no funds in (d) By postdating a check, or issuing a check in payment of an
the bank, or the funds deposited by him in the bank were not obligation when the offender had no funds in the bank, or his funds
315 sufficient to cover the amount of the check, and without informing deposited therein were not sufficient to cover the amount of the
the payee of such circumstances. check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) clays from receipt of
notice from the bank and/or the payee or holder that said check
has been dishonored for lack or insufficiency of funds shall be
prime facie evidence of deceit constituting false pretense or
fraudulent act.
Any person who shall defraud another by means of false pretenses
or fraudulent acts as defined in paragraph 2(d) hereof shall be
punished by:
1st The penalty of reclusion temporal in its maximum period, if the
amount of fraud is over Four million four hundred thousand pesos
(₱4,400,000) but does not exceed Eight million eight hundred
thousand pesos (₱8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.
2nd. The penalty of reclusion temporal in its minimum and
medium periods, if the amount of the fraud is over Two million
four hundred thousand pesos (₱2,400,000) but does not exceed
Four million four hundred thousand pesos (₱4,400,000).
3rd. The penalty of prisión mayor in its maximum period, if the
amount of the fraud is over One million two hundred thousand
pesos (₱1,200,000) but does not exceed Two million four hundred
thousand pesos (₱2,400,000).
4th. The penalty of prisión mayor in its medium period, if such
amount is over Forty thousand pesos (₱40,000) but does not exceed
One million two hundred thousand pesos (₱1,200,000).
5th. By prisión mayor in its minimum period, if such amount does
not exceed Forty thousand pesos (₱40,000).
xxx

xxx
318 Other Deceits. — The penalty of arresto mayor and a fine of not less Other deceits. - The penalty of arresto mayor and a fine of not less than
than the amount of the damage caused and not more than twice such the amount of the damage caused and not more than twice such amount
amount shall be imposed upon any person who shall defraud or damage shall be imposed upon any person who shall defraud or damage another
another by any other deceit not mentioned in the preceding articles of by any other deceit not mentioned in the preceding articles of this
this chapter. Chapter.
Any person who, for profit or gain, shall interpret dreams, make "Any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the public forecasts, tell fortunes, or take advantage of the credulity of the public
in any other similar manner, shall suffer the penalty of arresto menor or in any other similar manner, shall suffer the penalty of arresto mayor or
a fine not a fine not
UNIVERSITY OF THE CORDILLERAS 12 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
exceeding 200 pesos. exceeding Forty thousand pesos (₱40,000)."
Special cases of malicious mischief. - Any person who shall cause
Special Cases of Malicious Mischief . — Any person who shall cause damage to obstruct the performance of public functions, or using any
damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or
poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who causes damage to the property of the
contagion among cattle; or who causes damage to the property of the National Museum or National Library, or to any archive or registry,
National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by
waterworks, road, promenade, or any other thing used in common by the public, shall be punished:
328
the public, shall be punished: 1. By prisión correccional in its minimum and medium periods, if the
1. By prisión correccional in its minimum and medium periods, if the value of the damage caused exceeds Two hundred thousand pesos
value of the damage caused exceeds 1,000 pesos; (₱200,000);
2. By arresto mayor, if such value does not exceed the abovementioned 2. Bv arresto mayor if such value does not exceed the abovementioned
amount but is over 200 pesos; and amount but is over Forty thousand pesos (₱40,000); and
3. By arresto menor, if such value does not exceed 200 pesos. 3. By arresto menor, if such value does not exceed Forty thousand
pesos (₱40,000).
Other mischiefs. - The mischiefs not included in the next preceding
Other Mischiefs. — The mischiefs not included in the next preceding article shall be punished:
article shall be punished: 1. By arresto mayor in its medium and maximum periods, if the value
1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds Two hundred thousand pesos
of the damage caused exceeds 1,000 pesos; (₱200,000);
2. By arresto mayor in its minimum and medium periods, if such value
329
2. By arresto mayor in its minimum and medium periods, if such value is over Forty thousand pesos (₱40,000) but does not exceed Two
is over 200 pesos but does not exceed 1,000 pesos; and hundred thousand pesos (₱200,000); and
3. By arresto menor or fine of not less than the value of the damage 3. By arresto menor or a fine of not less than the value of the damage
caused and not more than three times such value, if the amount caused and not more than Forty thousand pesos (₱40,000), if the
involved exceeds 200 pesos or cannot be estimated. amount involved does not exceed Forty thousand pesos (₱40,000) or
cannot be estimated."
Destroying or Damaging Statues, Public Monuments or Paintings. — Destroying or damaging statues, public monuments or paintings. - Any
Any person who shall destroy or damage statues or any other useful or person who shall destroy or damage statues or any other useful or
ornamental public monument, shall suffer the penalty of arresto mayor ornamental public monument, shall suffer the penalty of arresto mayor
in its medium period to prisión correccional in its minimum period. in its medium period to prisión correccional in its minimum period.
331
Any person who shall destroy or damage any useful or ornamental Any person who shall destroy or damage any useful or ornamental
painting of a public nature shall suffer the penalty of arresto menor or a painting of a public nature shall suffer the penalty of arresto menor or a
fine not exceeding 200 pesos, or both such fine and imprisonment, in fine not exceeding Forty thousand pesos (₱40,000), or both such fine
the discretion of the court. and imprisonment, in the discretion of the court.
Simulation of births, substitution of one child for another and
Simulation of Births, Substitution of One Child for Another and
concealment or abandonment of a legitimate child. - The simulation of
Concealment or Abandonment of a Legitimate Child. — The
births and the substitution of one child for another shall be punished by
347 simulation of births and the substitution of one child for another shall
prisión mayor and a fine of not exceeding Two hundred thousand
be punished by prisión mayor and a fine of not exceeding 1,000 pesos.
pesos (₱200,000).
xxx
xxx
Libel by Means of Writing or Similar Means. — A libel committed by Libel by means of writings or similar means. - A libel committed by
means of writing, printing, lithography, engraving, radio, phonograph, means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or any painting, theatrical exhibition, cinematographic exhibition, or any
similar means, shall be punished by prisión correccional in its similar means, shall be punished by prisión correccional in its
355
minimum and medium periods or a fine ranging from 200 to 6,000 minimum and medium periods or a fine ranging from Forty thousand
pesos, or both, in addition to the civil action which may be brought by pesos (₱40,000) to One million two hundred thousand pesos
the offended party. (₱1,200,000), or both, in addition to the civil action which may be
brought by the offended party."
Threatening to publish and offer to prevent such publication for a
Threatening to Publish and Offer to Prevent Such Publication for a
compensation. - The penalty of arresto mayor or a fine from Forty
Compensation. — The penalty of arresto mayor or a fine of from 200
thousand pesos (₱40,000) to Four hundred thousand pesos
to 2,000 pesos, or both, shall be imposed upon any person who
(₱400,000), or both, shall be imposed upon any person who threatens
356 threatens another to publish a libel concerning him or the parents,
another to publish a libel concerning him or the parents, spouse, child,
spouse, child, or other members of the family of the latter, or upon
or other member of the family of the latter, or upon anyone who shall
anyone who shall offer to prevent the publication of such libel for a
offer to prevent the publication of such libel for a compensation or
compensation or money consideration.
money consideration."
Prohibited Publication of Acts Referred to in the Course of Official Prohibited publication of acts referred to in the course of official
Proceedings. — The penalty of arresto mayor or a fine of from 200 to proceedings. - The penalty of arresto mayor or a fine of Forty
2,000 pesos, or both, shall be imposed upon any reporter, editor or thousand pesos (₱40,000) to Two hundred thousand pesos
manager of a newspaper, daily or magazine, who shall publish facts (₱200,000), or both, shall be imposed upon any reporter, editor or
connected with the private life of another and offensive to the honor, manager of a newspaper, daily or magazine, who shall publish facts
357
virtue and reputation of said person, even though said publication be connected with the private life of another and offensive to the honor,
made in connection with or under the pretext that it is necessary in the virtue and reputation of said person, even though said publication be
narration of any judicial or administrative proceedings wherein such made in connection with or under the pretext that it is necessary in the
facts have been mentioned. narration of any judicial or administrative proceedings wherein such
facts have been mentioned."
Slander. — Oral defamation shall be punished by arresto mayor in its Slander. - Oral defamation shall be punished by arresto mayor in its
maximum period to prisión correccional in its minimum period if it is maximum period to prisión correccional in its minimum period if it is
358
of a serious and insulting nature; otherwise the penalty shall be arresto of a serious and insulting nature; otherwise the penalty shall be arresto
menor or a fine not exceeding 200 pesos. menor or a fine not exceeding Twenty thousand pesos (₱20,000).
Slander by Deed. — The penalty of arresto mayor in its maximum Slander by deed. - The penalty of arresto mayor in its maximum period
period to prisión correccional in its minimum period or a fine ranging to prisión correccional in its minimum period or a fine ranging from
from 200 to 1,000 pesos shall be imposed upon any person who shall Twenty thousand pesos (₱20,000) to One hundred thousand pesos
359 perform any act not included and punished in this title, which shall cast (₱100,000) shall be imposed upon any person who shall perform any
dishonor, discredit or contempt upon another person. If said act is not act not included and punished in this title, which shall cast dishonor,
of a serious nature, the penalty shall be arresto menor or a fine not discredit or contempt upon another person. If said act is not of a serious
exceeding 200 nature. the
UNIVERSITY OF THE CORDILLERAS 13 SUBMITTED TO JUDGE ISAGANI CALDERON
COLLEGE OF LAW © 2020
MALAMUG, JOHN VINCENT U.
JD-4A

ASSIGNMENT 3
pesos. penalty shall be arresto menor or a fine not exceeding Twenty
thousand pesos (₱20,000).
Intriguing against honor. - The penalty of arresto menor or fine not
Intriguing Against Honor. — The penalty of arresto menor or fine not
exceeding Twenty thousand pesos (₱20,000) shall be imposed for any
364 exceeding 200 pesos shall be imposed for any intrigue which has for its
intrigue which has for its principal purpose to blemish the honor or
principal purpose to blemish the honor or reputation of a person.
reputation of a person."
Imprudence and Negligence. — Any person who, by reckless Imprudence and negligence.— Any person who, by reckless
imprudence, shall commit any act which, had it been intentional, would imprudence, shall commit any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of arresto mayor in its constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prisión correccional in its medium period; if it maximum period to prisión correccional in its medium period; if it
would have constituted a less grave felony, the penalty of arresto would have constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be imposed. mayor in its minimum and medium periods shall be imposed; if it
would have constituted a light felony, the penalty of arresto menor
in its maximum period shall be imposed.
xxx xxx
When the execution of the act covered by this article shall have only "When the execution of the act covered by this article shall have only
resulted in damage to the property of another, the offender shall be resulted in damage to the property of another, the offender shall be
punished by a fine ranging from an amount equal to the value of said punished by a fine ranging from an amount equal to the value of said
damages to three times such value, but which shall in no case be less damages to three (3) times such value, but which shall in no case be
365
than 25 pesos. Less than Five thousand pesos (₱5,000).
A fine not exceeding Forty thousand pesos (₱40.000) and censure
A fine not exceeding 200 pesos and censure shall be imposed upon any shall be imposed upon any person, who, by simple imprudence or
person who, by simple imprudence or negligence, shall cause some negligence, shall cause some wrong which, if done maliciously, would
wrong which, if done maliciously, would have constituted a light have constituted a light felony.
felony. In the imposition of these penalties, the court shall exercise their sound
In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article 64.
discretion, without regard to the rules prescribed in article 62. xxx
xxx "The penalty next higher in degree to those provided for in this
article shall be imposed upon the offender who fails to lend on the
spot to the injured parties such help as may be in his hands to
give."

UNIVERSITY OF THE CORDILLERAS 14 SUBMITTED TO JUDGE ISAGANI CALDERON


COLLEGE OF LAW © 2020

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