UNDERGRADUATE - 2ND SEM 2020-2021

In Partial Fulfilment
of the Requirements for the course in
Professional Practice 1
Graphics Technology – BGT AT - 2A

Civil Code of the Philippines

De Guzman, RIagen B.
Dela Cruz, Adrian D.
Delos Reyes, Charles B.

Code of Conduct & Ethical Standards

Diones, Maria Nichole A
Dizon, Mark Elieser C.
Ducusin, Jerome M.
Ebreo, Johayna Noah A.
Enriquez, Keith Audriel P.
 Criminal Law
Evangelista, Ansherine Geronimo
Juvida, Jaika Andrea R.
Kadusale, Andria Ezabelle F.
Kamenza, Kilian Jaruh M.
Lacson, Caroline Joy R.
Laquian, Janelle Crisian C.
Lazaro, Kim Catherine P.
Ledesma, Kim S.

Penal Code
Legaspi, Van Zyryl E.
Leona, Jan Victoria G.

Majhalina Apuyan
Course Professor

June 1, 2021
 LABOR CODE OF THE PHILIPPINES

The Labor Code of the Philippines is a legal code that determines all employment practices and labor
relations in the Philippines.

EMPLOYER-EMPLOYEE RELATIONSHIP

The Law gave us a fourfold test; if the Employer possesses these 4 Power then an Employer-Employee
Relationship exist.

• The Selection and Engagement of the Employee

• The payment of Wages
• The power of dismissal
• The employer’s power to control the employee’s conduct

PRELIMINARY TITLE

Chapter 1

GENERAL PROVISION

Art. 1. Name of Decree. This Decree shall be known as the “Labor Code of the Philippines”.

Art. 2. Date of effectivity. This Code shall take effect six (6) months after promulgation

Art. 3. Declaration of basic policy. The state shall afford protection to labor, promote full employment,
ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between
workers and employers. The State shall assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane condition of work.

Art. 4. Construction in favor of labor. All doubts in the implementation and interpretation of provision of
this Code, including its implementing rules and regulations, shall be resolve in favor of labor.

Art. 5. Rules and regulations. The Department of Labor and other government agencies charged with
administration and enforcement of this Code or any of its parts shall promulgate the necessary
implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days
after announcement of their adoption in newspapers of general circulation.

Art. 6. Applicability. All rights and benefits granted to workers under this Code shall, except as may
otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural. (As
amended by Presidential Decree No. 570-A, November 1, 1974).

BOOK THREE

CONDITIONS OF EMPLOYMENT

Title I

WORKING CONDITIONS AND REST PERIODS

Chapter I

HOURS OF WORKS

Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight (8)
hours a day.
Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in
hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for
eight (8) hours a day, for five (5) days a week, exclusive of time of meals, except where the exigencies of
the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they
shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for
work on the sixth day. For purposes of this Article, “health personnel” shall include resident physicians,
nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical
technicians, psychologist, midwives, attendants and all other hospital or clinic personnel.

Art. 86. Night shift differential. Every employee shall be pain a night shift deferential of not less than ten
percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening
and six o’clock in the morning.

Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the
employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at
least twenty-five percent (25%) thereof. Work performed beyond eight hours on holiday or rest day shall
be paid an additional compensation equivalent to the rate of the first eight hours on holiday or rest dy plus
at least thrity percent (30%) thereof.

COMPRESSED WORK SCHEME

An Employer with the consent of his Employee may choose to remove a certain day from regular working
week. In that case the worker will be working for more than eight (8) hours on Monday to Friday, but in
exchange the weekends will be a rest day rather than Sunday only.

This system is commonly used and adopt by many employers in the Philippines.

Chapter II

WEEKLY REST PERIODS

Art. 91. Right to weekly rest day.

a. It shall be the duty of every employer, whether operating for profit or not, to provide each of his
employees a rest period of less than twenty-four (24) consecutive hours after every six (6)
consecutive normal work days.

b. The employer shall determine and schedule the weekly rest day of his employees subject to
collective bargaining agreement and to such rules and regulations as the Secretary of Labor and
Employment may provide. However, the employer shall respect the preference of employees as
to their weekly rest day when such preference is based on religious grounds.

TITLE II

WAGES

Chapter II

MINIMUM WAGE RATES

Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural
employees and workers in each and every region of the country shall be those prescribed by the Regional
Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9,
1989).

Chapter III

HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES

Art. 94. Rights to holiday pay.

a. Every worker shall be paid his regular daily wage during regular holidays, except in retail and
service establishments regularly employing less than ten(10) workers;

b. The employer may require an employee to work on any holiday but such employee shall be paid
a compensation equivalent to twice his regular rate; and

c. As used in this Article “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the
ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the
twenty-fifty and thirtieth of December and the day designated by law for holding a general
election.

Art. 95. Right to service incentive leave.

a. Every employee who has rendered at least one year of service shall be entitled to a yearly
service incentive leave of five days with pay.

b. This provision shall not apply to those who are already enjoying the benefit therein provided,
those enjoying vacation leave with pay of at least five days and those employed in establishment
regularly employing less that ten (10) employees or in establishment exempted from granting this
benefit by the Secretary of Labor and Employment after considering the viability or financial
condition of such establishment.

c. The grant of benefit in excess of that provided therein shall not be made a subject of arbitration or
any court or administrative action.

BOOK FOUR

HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

Title II

EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND

Chapter I

POLICY AND DEFINITIONS

Art. 166. Policy. The State shall promote and develop a tex-exempt employees’ compensation program
whereby employees and their dependents, in the event of work-connected disability or death, may
promptly secure adequate income benefit and medical related benefits.

Art. 167. Definition of terms. As used this Title, unless the context indicates otherwise:

a. “Code” means the Labor Code of the Philippines instituted under Presidential Decree Numbered
four hundred forty-two, as amended.

b. “Commission” means the Employees’ Compensation Commission created under this Title.

c. “SSS” means the Social Security System created under Republic Act Numbered Eleven hundred
sixty-one, as amended.

d. “GSIS” means the Government Service Insurance System created under Commonwealth Act
Number One hundred eighty-sis as amended.

e. “System” means the SSS or GSIS, as the case may be.

f. “Employer” means any person, natural or judicial, employing the services of the employee.

g. “Employee” means any person compulsorily covered by the GSIS under Commonwealth Act
Number One hundred eighty-sis, as amended, including the member of the Armed Forces of the
Philippines, and any person employed as casual, emergency, temporary, substitute or
contractual, or any person compulsorily covered by the SSS under Republic Act Number Eleven
hundred sixty-one, as amended.

h. “Person” means any individual, partnership, firm, association, trust, corporation or legal
representative thereof.

i. “Dependent” means the legitimate, legitimated or legally adopted or acknowledged natural child
who is unmarried, not gainfully employed and not ever twnty-one (2!) years of age or over twenty-
one (21) years of age provided he is incapacitated and incapable of self-support due to a physical
or mental defect which is congenital or acquired during minority; the legitimate spouse living with
the employee and the parents of said employee wholly dependent upon him for regular support.

j. "Beneficiaries" means the dependent spouse until he/she remarries and dependent children, who
are the primary beneficiaries. In their absence, the dependent parents and subject to the
restrictions imposed on dependent children, the illegitimate children and legitimate descendants,
who are the secondary beneficiaries: Provided, that the dependent acknowledged natural child
shall be considered as a primary beneficiary when there are no other dependent children who are
qualified and eligible for monthly income benefit.

k. "Injury" means any harmful change in the human organism from any accident arising out of and in
the course of the employment.

l. "Sickness" means any illness definitely accepted as an occupational disease listed by the
Commission, or any illness caused by employment subject to proof that the risk of contracting the
same is increased by working conditions. For this purpose, the Commission is empowered to
determine and approve occupational diseases and work-related illnesses that may be considered
compensable based on peculiar hazards of employment.

m. “Death" means loss of life resulting from injury or sickness.

n. "Disability" means loss or impairment of a physical or mental function resulting from injury or
sickness.

o. "Compensation" means all payments made under this Title for income benefits and medical or
related benefits.

p. "Income benefit" means all payments made under this Title to the providers of medical care,
rehabilitation services and hospital care.

q. "Medical benefit" means all payments made under this Title to the providers of medical care,
rehabilitation services and hospital care.

r. "Related benefit" means all payments made under this Title for appliances and supplies.

s. “Appliances" means crutches, artificial aids and other similar devices.

t. "Supplies" means medicine and other medical, dental or surgical items.

u. “Hospital” means any medical facility, government or private, authorized by law, an active
member in good standing of the Philippine Hospital Association and accredited by the
Commission.

v. "Physician" means any doctor of medicine duly licensed to practice in the Philippines, an active
member in good standing of the Philippine Medical Association and accredited by the
Commission.

w. "Wages" or "Salary", insofar as they refer to the computation of benefits defined in Republic Act
No. 1161, as amended, for SSS and Presidential Decree No. 1146, as amended, for GSIS,
respectively, except that part in excess of Three Thousand Pesos.

x. "Monthly salary credit" means the wage or salary base for contributions as provided in Republic
Act Numbered Eleven hundred sixty-one, as amended, or the wages or salary.

y. "Average monthly salary credit" in the case of the SSS means the result obtained by dividing the
sum of the monthly salary credits in the sixty-month period immediately following the semester of
death or permanent disability by sixty (60), except where the month of death or permanent
disability falls within eighteen (18) calendar months from the month of coverage, in which case, it
is the result obtained by dividing the sum of all monthly salary credits paid prior to the month of
contingency by the total number of calendar months of coverage in the same period.

z. "Average daily salary credit" in the case of the SSS means the result obtained by dividing the
sum of the six (6) highest monthly salary credits in the twelve- month period immediately
preceding the semester of sickness or injury by one hundred eighty (180), except where the
month of injury falls within twelve (12) calendar months from the first month of coverage, in which
case it is the result obtained by dividing the sum of all monthly salary credits by thirty (30) times
the number of calendar months of coverage in the period. In the case of the GSIS, the average
daily salary credit shall be the actual daily salary or wage, or the monthly salary or wage divided
by the actual number of working days of the month of contingency.

aa. "Quarter" means a period of three (3) consecutive months ending on the last days of March,
June, September and December.

bb. “Semester" means a period of two consecutive quarters ending in the quarter of death,
permanent disability, injury or sickness.

cc. “Replacement ratio" - The sum of twenty percent and the quotient obtained by dividing three
hundred by the sum of three hundred forty and the average monthly salary credit.

dd. "Credited years of service" - For a member covered prior to January, 1975, nineteen hundred
seventy-five minus the calendar year of coverage, plus the number of calendar years in which six
or more contributions have been paid from January, 1975 up to the calendar year containing the
semester prior to the contingency. For a member covered on or after January, 1975, the number
of calendar years in which six or more contributions have been paid from the year of coverage up
to the calendar year containing the semester prior to the contingency.

ee. "Monthly income benefit" means the amount equivalent to one hundred fifteen percent of the sum
of the average monthly salary credit multiplied by the replacement ratio, and one and a half
percent of the average monthly salary credit for each credited year of service in excess of ten
years: Provided, That the monthly income benefit shall in no case be less than two hundred fifty
pesos.

BOOK SIX

POST EMPLOYMENT
 Title I

TERMINATION OF EMPLOYMENT

Art. 279. Security of tenure. In cases of regular employment, the employment, the employer shall not
terminate the service of an employee except for a just cause or when authorized by this Title. An
employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority
rights and other privilages and to his full backwages, inclusive of allowances, and to his other benefits or
their monetary equivalent computed from time his compensation was withheld from him up to the time of
his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989).

PRESIDENTIAL DECREE NO.851

The 13th Month Pay Law and its implementing Rules and Regulations (“IRR”), every employer is required
to pay a 13th month pay to their rank-and-file employees regardless of position, designation, employment
status, and irrespective of the method by which their wages are paid.

PRINCIPLE OF NON-DIMINUTION OF BENEFITS

Article 4 of the Labor Code which states that "all doubts in the implementation and interpretation of this
Code, including its implementing rules and regulations, shall be rendered in favour of labor. There is
diminution of benefits when the following requisites are present: (1) the grant of benefits is founded on a
policy or has ripened into practice over a long period of time; (2) the practice is consistent and deliberate;
(3) the practice is not due to error in the construction or application of a doubtful or difficult question of
law; and (4) the diminution or discontinuance is done unilaterally by the employer. ".

CIVIL CODE OF THE PHILIPPINES

The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the
general law that governs family and property relations in the Philippines.

CHAPTER 2

NATURAL PERSONS

All human beings are referred to as natural persons and are thus legal subjects.

Under natural persons these are some of the following rights that are enforced to the natural persons.

Art. 41. A fetus is considered born if it is alive at the time it is completely delivered from the mother's
womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery from the maternal womb.

Art. 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract and
by will.

CHAPTER 3

JURIDICAL PERSONS

Non-human legal entity, in other words any organization that is not a single natural person but is
authorized by law with duties and rights and is recognized as a legal person and as having a distinct
identity.

Art. 44. The following are what are considered juridical persons:
 (1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their
personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law
grants a juridical personality, separate and distinct from that of each shareholder, partner or
member.
TITLE III

CITIZENSHIP AND DOMECILE

Status of being a citizen, along with the rights, duties, and privileges of being a citizen.

Art. 48. The following are what is considered citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the
Philippines;
(2) Those born in the Philippines of foreign parents who, before the adoption of said
(3) Those born in the Philippines of foreign parents who, before the adoption of said Constitution,
had been elected to public office in the Philippines;
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect
Philippine citizenship;
(5) Those who are naturalized in accordance with law.

TITLE III

MARRIAGE

The legally or formally recognized union of two people as partners in a personal relationship

CHAPTER 1

REQUISITES OF MARRIAGE

Art. 52. Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and
incidents are governed by law and not subject to stipulation, except that the marriage settlements may to
a certain extent fix the property relations during the marriage.

Art. 53. No marriage shall be solemnized unless all these requisites are complied with:

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;
(3) Authority of the person performing the marriage; and
(4) A marriage license, except in a marriage of exceptional character (Sec. 1a, art. 3613).

Art. 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or
upwards, not under any of the impediments mentioned in articles 80 to 84, may contract marriage.

A marriage in articulo mortis may also be solemnized by the captain of a ship or chief of an airplane
during a voyage, or by the commanding officer of a military unit, in the absence of a chaplain, during war.
The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane
chief or commanding officer.

Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the
Republic of the Philippines. The duties of the local civil registrar and of a judge or justice of the peace or
mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls

No marriage license shall be necessary when a man and a woman who have attained the age of majority
and who, being unmarried, have lived together as husband and wife for at least five years, desire to marry
each other. The contracting parties shall state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The official, priest or minister who solemnized the marriage shall
also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting
parties and that he found no legal impediment to the marriage.

CHAPTER 3

VOID AND VOIDABLE MARRIAGES

Art. 80. The following marriages shall be void from the beginning:

(1) Those contracted under the ages of sixteen and fourteen years by the male and female
respectively, even with the consent of the parents
(2) Those solemnized by any person not legally authorized to perform marriages
(3) Those solemnized without a marriage license, save marriages of exceptional character
(4) Bigamous or polygamous marriages
(5) Incestuous marriages
(6) Those where one or both contracting parties have been found guilty of the killing of the spouse of
either of them;
(7) Those between stepbrothers and stepsisters and other marriages

Art. 81. Marriages between the following are incestuous and void from their performance, whether the
relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree;

(2) Between brothers and sisters, whether of the full or half blood
(3) Between collateral relatives by blood within the fourth civil degree.

CHAPTER 4

AUTHORITY TO SOLEMNIZE MARRIAGES

Art. 92. Every priest, or minister, or rabbi authorized by his denomination, church, sect, or religion to
solemnize marriage shall send to the proper government office a sworn statement setting forth his full
name and domicile, and that he is authorized by his denomination, church, sect, or religion to solemnize
marriage.

The director of the proper government office, upon receiving such sworn statement containing the
information required, and being satisfied that the denomination, church, sect, or religion of the applicant
operates in the Philippines, shall record the name of such priest or minister in a suitable register and
issue to him an authorization to solemnize marriage. Said priest or minister or rabbi shall be obliged to
exhibit his authorization to the contracting parties, to their parents, grandparents, guardians, or persons in
charge demanding the same. No priest or minister not having the required authorization may solemnize
marriage.

TITLE IV

LEGAL SEPERATION

Is a legal remedy for couples suffering from a problematic marriage. In legal separation, the couple is
allowed to live apart and separately own assets

Art. 97. A petition for legal separation may be filed:

 (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in
the Penal Code
(2) An attempt by one spouse against the life of the other.

Art. 98. In every case the court must take steps, before granting the legal separation, toward the
reconciliation of the spouses, and must be fully satisfied that such reconciliation is highly improbable.

TITLE V

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 109. The husband and wife are obliged to live together, observe mutual respect and fidelity, and
render mutual help and support.

Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from living
with the husband if he should live abroad unless in the service of the Republic.

TITLE VI

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

CHAPTER 1

GENERAL PROVISIONS

Consumables

CHAPTER 2

Donations by Reason of Marriage-

money given to the newly weds

CHAPTER 3

PARAPHERNAL PROPERTY

A property that solely belongs to either the husband or the wife only.

CHAPTER 4

CONJUGAL PARTNERSHIP OF

The spouses place in a common fund place the fruits of their separate property, and the income from their
work or industry and the same is to be divided between them equally, generally, upon the dissolution of
the marriage or the partnership.
 CHAPTER 5

SEPERATION OF PROPERTY OF THE SPOUSES AND ADMINISTRATION

OF PROPERTY BY THE WIFE DURING THE MARIRIAGES

Art. 190. In the absence of an express declaration in the marriage settlements, the separation of property
between spouses during the marriage shall not take place save in virtue of a judicial order.

Art. 191. The husband or the wife may ask for the separation of property, and it shall be decreed when
the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has
been declared absent, or when legal separation has been granted.

In case of abuse of powers of administration of the conjugal partnership property by the husband, or in
case of abandonment by the husband, separation of property may also be ordered by the court.

The husband and the wife may agree upon the dissolution of the conjugal partnership during the
marriage, subject to judicial approval. All the creditors of the husband and of the wife, as well as of the
conjugal partnership shall be notified of any petition for judicial approval or the voluntary dissolution of the
conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests.
Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such
measures as may protect the creditors and other third persons.

CHAPTER 6

SYSTEM OF ABSOLUTE COMMUNITY

Absolute community- of property means that you and your future spouse will be co-owners of all the
properties that each of you will bring into your marriage as well as of all those that you will acquire during
your marriage.

Art. 198. In case the future spouses agree in the marriage settlements that the system of absolute
community shall govern their property relations during marriage, the following provisions shall be of
supplementary application.

Art. 199 In the absence of stipulation to the contrary, the community shall consist of all present and future
property of the spouses not excepted by law.

Art. 200. Neither spouse may renounce any inheritance without the consent of the other. In case of
conflict, the court shall decide the question, after consulting the family council, if there is any.

Art. 201. The following shall be excluded from the community:

(1) Property acquired by gratuitous title by either spouse, when it is provided by the donor or testator
that it shall not become a part of the community;
(2) Property inherited by either husband or wife through the death of a child by a former marriage,
there being brothers or sisters of the full blood of the deceased child;
(3) A portion of the property of either spouse equivalent to the presumptive legitime of the children by
a former marriage;
(4) Personal belongings of either spouse.

TITLE VII

THE FAMILY
Group of one or more parents and their children living together as a unit. The family is a basic social
institution which public policy cherishes and protects.

Art. 217. Family Relations shall include those:

(1) Between husband and wife;

(2) Between parent and child;
(3) Among other ascendants and their descendants;
(4) Among brothers and sisters.

CHAPTER 2

THE FAMILY HOME

SECTION 1

GENERAL PROVISION

Art. 223. The family home is the dwelling house where a person and his family reside, and the land on
which it is situated. If constituted as herein provided, the family home shall be exempt from execution,
forced sale or attachment.

SECTION 2

JUDICIAL CONSTITUTION OF THE FAMILY HOME

Art. 226. following shall be beneficiaries of the family home;

(1) The person establishing the same;

(2) His or her spouse;
(3) His or her parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or otherwise, who are living in the family home and who depend upon him for support.

SECTION 3

EXTRA-JUDICIAL CREATION OF THE FAMILY HOME

BOOK II

PROPERY

TITLE I

CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS

Art. 414. All things which are or may be the object of appropriation are considered either:
 (1) Immovable or real property;
(2) Movable or personal property.

CHAPTER 1

IMMOVABLE PROPERTY

An immovable property is a piece of possession that is fixed in a certain manner or location,

A movable property are possessions that can be easily moved from one location to another.

Art. 415. These are following examples of an immovable property:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an
immovable
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration of the object
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on
lands by the owner of the immovable in such a manner that it reveals the intention to attach them
permanently to the tenements
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and which tend
directly to meet the needs of the said industry or works
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case
their owner has placed them or preserves them with the intention to have them permanently
attached to the land, and forming a permanent part of it; the animals in these places are included
(7) Fertilizer actually used on a piece of land
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either
running or stagnant
(9) Docks and structures which, though floating, are intended by their nature and object to remain at
a fixed place on a river, lake, or coast
(10) Contracts for public works, and servitudes and other real rights over immovable property.

CHAPTER 2

MOVABLE PROPERTY

Art. 416. The following are examples of Movable/ personal properties:

(1) Those movables susceptible of appropriation which are not included in the preceding article;
(2) Real property which by any special provision of law is considered as personal property;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without impairment of the real
property to which they are fixed.

Art. 417. Material possessions are not the only ones considered as “MOVABLE PROPERTIES” these are
some non-material examples:

(1) Obligations and actions which have for their object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real
estate.

Art. 418. Movable properties can also be classified as Non-Consumable and Consumable items

CHAPTER 3
 PROPERTY IN RELATION TO THE PERSON TO WHIM IT BELONGS

Art. 419. Property is either of public dominion or of private ownership. The property’s ownership is
dependent on its owner and their purpose

Art. 420. These Properties are what is considered a Public dominion’s property

(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores, roadsteads, and others of similar character;
(2) Those which belong to the State, without being for public use, and are intended for some public
service or for the development of the national wealth.

Properties of a private ownership are of course defined by how the owner intends to utilize them.
According to article 422 is that all other property of the state which is not of the character stated in the
preceding article is what we call a patrimonial property.

Patrimonial property is that owned by the State over which it has the same rights as private individuals in
relation to their own property.

And that any property that is considered a public dominion, once they are not intended to be used any
more, they will become private properties or a Patrimonial propert.

The property of provinces, cities and municipalities is divided into property for public use and patrimonial
property, also the properties for public use in provinces, cities and municipalities Are consisting of the
following:

Provincial roads, city streets, municipal streets, the squares, fountainds, public waters, promenades, and
public works for public service paid for by said provinces, cities, or municipalities.

All other property possessed by any of them is patrimonial and shall be governed by this Code, without
prejudice to the provisions of special laws

OWNERSHIP

Independent and general right of a person to control a thing particularly in his possession, enjoyment,
disposition and recovery, subject to no restrictions except those imposed by the state or private persons,
without prejudice to the provisions of the law.

In is stated in the 2nd title of book II of The Civil Code of the Philippines every law regarding about the
different kinds of ownerships and the rights of the owner in each of their own property. Here is the quick
summary of the book.

BOOK II
PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Title II.
OWNERSHIP

CHAPTER 1
OWNERSHIP AND GENERAL

Art. 427. Ownership may be exercised over things or rights.

KIND OF OWNERSHIP

- Full ownership- all rights of an owner

- Naked ownership- ownership where the right to the use and the fruits have been denied
 - Sole ownership- ownership is only vested in one person
- Co-ownership

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those
established by law.
The owner has also a right of action against the holder and possessor of the thing in order to recover it.

7 RIGHTS OF AN OWNER UNDER ROMAN LAW

- Jus possidendi -The right to possess

- Jus utendi -The right to use
- That the evil sought to be avoided actually exists
- That the injury feared be greater than that done to avoid it
- That there be no other practical or less harmful means of preventing it
- Jus fruendi -The right to the fruits
- Jus abutendi -The right to consume
- Jus disponendi -The right to dispose
- Jus vindicandi -The right to recover
- Jus accessiones -The right to accessories

Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment
and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel
or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead
hedges, or by any other means without detriment to servitudes constituted thereon.

Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third
person.

Art. 432. The owner of a thing has no right to prohibit the interference of another with the same,
if the interference is necessary to avert an imminent danger and the threatened damage,
compared to the damage arising to the owner from the interference, is much greater. The owner
may demand from the person benefited indemnity for the damage to him.

STATE OF NECESSITY

ANALOGOUS TO THE RULE UNDER CRIMINAL LAW

Any person who, in order to avoid an evil or injury, does an act which causes damage to another
doesn't incur criminal liability provided that the following requisites are present:
-

Art. 433. Actual possession under claim of ownership raises disputable presumption of ownership. The
true owner must resort to judicial process for the recovery of the property.

RULE OF EVIDENCE

REQUIREMENTS TO HAVE DISPUTABLE PRESUMPTION

- Actual possession of the property

- Claim of ownership

Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the
strength of his title and not on the weakness of the defendant's claim.
 REQUISITES IN AN ACTION TO RECOVER

- Identity of the property

- Strength of the plaintiff’s title

Art. 435. No person shall be deprived of his property except by competent authority and for public
use and always upon payment of just compensation. Should this requirement be not first complied with,
the courts shall protect and, in a proper case, restore the owner in his possession.

Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety
or security, the owner thereof shall not be entitled to compensation, unless he can show that such
condemnation or seizure is unjustified.

Art. 437. The owner of a parcel of land is the owner of its surface and of everything under it, and he can
construct thereon any works or make any plantations and excavations which he may deem proper,
without detriment to servitudes and subject to special laws and ordinances. He cannot complain
of the reasonable requirements of aerial navigation.

Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its
subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser,
he shall not be entitled to any share of the treasure.
If the things found be of interest to science of the arts, the State may acquire them at their just price,
which shall be divided in conformity with the rule stated.

Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of money,
jewellery, or other precious objects, the lawful ownership of which does not appear.

RULES REGARDING HIDDEN TREASURES

- If the treasure is not hidden, there is no 50-50 sharing

- If the precious metals are in their raw state, it will be owned by the State by virtue of the Regalia
doctrine
- If the owner finds the treasure in his own land, he owns the treasure
- If finder finds it not in his own land, there is 50-50 sharing with the owner of the land
- If the finder is hired, then compensation or salary or fixed fee will be given to him
- If the finder is a trespasser, then he would not receive anything

OBLIGATIONS AND CONTRACTS

OBLIGATIONS

- the act, state, or right of possessing something.

- An obligation is a juridical relation (bec. there are 2 parties) whereby a person should engage or
refrain from engaging in a certain activity for the satisfaction of the private interests of another, who
in case of non-fulfilment of such duty may obtain from the patrimony of the former through proper
judicial proceedings the very prestation due or in default thereof, the economic equivalent
(damages) that it represents.

CONTRACTS

- a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is
intended to be enforceable by law.
- The Law and the general description of Obligations and Contract are stated in the first and second
title of the Book IV of The Civil Code of the Philippines. I also included some of the Book IV in this
written report.
 BOOK IV
OBLIGATIONS AND CONTRACTS

Title I
OBLIGATIONS
CHAPTER 1
GENERAL PROVISIONS

Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n)

Art. 1157. Obligations arise from:

- Law;
- Contracts;
- Quasi-contracts;
- Acts or omissions punished by law; and
- Quasi-delicts. (1089a)
- Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in this
Code or in special laws are demandable, and shall be regulated by the precepts of the law which
establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)

Art. 1159. Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith. (1091a)

Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title
XVII, of this Book.

Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to
the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human
Relations, and of Title XVIII of this Book, regulating damages. (1092a)

Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title
XVII of this Book, and by special laws. (1093a)
BOOK IV
OBLIGATIONS AND CONTRACTS

Title II
CONTRACTS

CHAPTER I
GENERAL PROVISIONS

Article 1305. A contract is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service.

Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as
they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or
public policy.

Article 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to
the will of one of them.

Article 1309. The determination of the performance may be left to a third person, whose decision shall
not be binding until it has been made known to both contracting parties.
Article 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the
courts shall decide what is equitable under the circumstances.

CODE OF CONDUCT & ETHICAL STANDARDS

Republic Act No. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC

OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE
BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE,
ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of ethics in
public service. Public officials and employees shall at all times be accountable to the people and shall
discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and
justice, lead modest lives, and uphold public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including government-
owned or controlled corporations, and their subsidiaries.lawphi1.net

(b) "Public Officials" includes elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in
anticipation of, or in exchange for, a favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person
other than a member of his family or relative as defined in this Act, even on the occasion of a
family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor
insignificant, or the gift is given in anticipation of, or in exchange for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting
trust.
 (g) "Family of public officials or employees" means their spouses and unmarried children under
eighteen (18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a board, an
officer, or a substantial stockholder of a private corporation or owner or has a substantial interest
in a business, and the interest of such corporation or business, or his rights or duties therein, may
be opposed to or affected by the faithful performance of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely
and actually depriving or dispossessing oneself of his right or title to it in favor of a person or
persons other than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee within the
fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

Section 4. Norms of Conduct of Public Officials and Employees. –

(A) Every public official and employee shall observe the following as standards of personal
conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold
the public interest over and above personal interest. All government resources and
powers of their respective offices must be employed and used efficiently, effectively,
honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism, intelligence and skill. They
shall enter public service with utmost devotion and dedication to duty. They shall
endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of
undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people
at all times. They must act with justness and sincerity and shall not discriminate against
anyone, especially the poor and the underprivileged. They shall at all times respect the
rights of others, and shall refrain from doing acts contrary to law, good morals, good
customs, public policy, public order, public safety and public interest. They shall not
dispense or extend undue favors on account of their office to their relatives whether by
consanguinity or affinity except with respect to appointments of such relatives to positions
considered strictly confidential or as members of their personal staff whose terms are
coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone
without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
required by the public interest, public officials and employees shall provide information of
their policies and procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate, encourage
suggestions, simplify and systematize policy, rules and procedures, avoid red tape and
 develop an understanding and appreciation of the socio-economic conditions prevailing in
the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal
to the Republic and to the Filipino people, promote the use of locally produced goods,
resources and technology and encourage appreciation and pride of country and people.
They shall endeavor to maintain and defend Philippine sovereignty against foreign
intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves
to the democratic way of life and values, maintain the principle of public accountability,
and manifest by deeds the supremacy of civilian authority over the military. They shall at
all times uphold the Constitution and put loyalty to country above loyalty to persons or
party.

(h) Simple living. - Public officials and employees and their families shall lead modest
lives appropriate to their positions and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of
these standards including the dissemination of information programs and workshops authorizing
merit increases beyond regular progression steps, to a limited number of employees recognized
by their office colleagues to be outstanding in their observance of ethical standards; and (2)
continuing research and experimentation on measures which provide positive motivation to public
officials and employees in raising the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public
officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and
agencies of the government and of government-owned or controlled corporations shall, within
forty-five (45) working days from the end of the year, render a performance report of the agency
or office or corporation concerned. Such report shall be open and available to the public within
regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be
processed and completed within a reasonable time from the preparation thereof and must
contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or officer in charge shall sign for and in their
behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employees
must attend to anyone who wants to avail himself of the services of their offices and must, at all
times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible to,
and readily available for inspection by, the public within reasonable working hours.
Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby
established in order to motivate and inspire public servants to uphold the highest standards of ethics. For
this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created
composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-
Chairmen, and the Chairman of the Commission on Audit, and two government employees to be
appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public
officials and employees, in all the branches and agencies of Government and establish a system of
annual incentives and rewards to the end that due recognition is given to public officials and employees of
outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of service
and the quality and consistency of performance, the obscurity of the position, the level of salary, the
unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work.
Incentives and rewards to government officials and employees of the year to be announced in public
ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned
or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall
likewise be automatically promoted to the next higher position with the commensurate salary suitable to
their qualifications. In case there is no next higher position or it is not vacant, said position shall be
included in the budget of the office in the next General Appropriations Act. The Committee on Awards
shall adopt its own rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly,
have any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant,

counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised
or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but
the professional concerned cannot practice his profession in connection with any matter before
the office he used to be with, in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not
use or divulge, confidential or classified information officially known to them by reason of their
office and not made available to the public, either:
 (1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value
from any person in the course of their official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal value
tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship
or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for travel
taking place entirely outside the Philippine (such as allowances, transportation, food, and
lodging) of more than nominal value if such acceptance is appropriate or consistent with
the interests of the Philippines, and permitted by the head of office, branch or agency to
which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose
of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural
exchange programs subject to national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know, their assets,
liabilities, net worth and financial and business interests including those of their spouses and of unmarried
children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or temporary
workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a
Disclosure of Business Interests and Financial Connections and those of their spouses and
unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current fair
market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like;

(d) liabilities, and;

 (e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the afforested documents
shall also execute, within thirty (30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents as may show their assets,
liabilities, net worth, and also their business interests and financial connections in previous years,
including, if possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required statements
jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and
Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the
Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court;
Judges, with the Court Administrator; and all national executive officials with the Office of
the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their
respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office
of the President, and those below said ranks, with the Deputy Ombudsman in their
respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official or employee to
identify and disclose, to the best of his knowledge and information, his relatives in the Government in the
form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. –

(1) Any and all statements filed under this Act, shall be made available for inspection at
reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working
days from the time they are filed as required by law.
 (3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten (10) years
after receipt of the statement. After such period, the statement may be destroyed unless needed
in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this Act
for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for dissemination to
the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a
conflict of interest arises, he shall resign from his position in any private business enterprise within thirty
(30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty
(60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary
capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. –

(a) The designated Committees of both Houses of the Congress shall establish procedures for
the review of statements to determine whether said statements which have been submitted on
time, are complete, and are in proper form. In the event a determination is made that a statement
is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to
take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of both
Houses of Congress shall have the power within their respective jurisdictions, to render any
opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to
the approval by affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a similar
factual situation, and who, after issuance of the opinion acts in good faith in accordance with it
shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned, subject to the approval of the Secretary of
Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in
the case of the Judicial Department.

Section 11. Penalties. –

(a) Any public official or employee, regardless of whether or not he holds office or employment in
a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act
shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension
not exceeding one (1) year, or removal depending on the gravity of the offense after due notice
 and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty
under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9
of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not
exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for
removal or dismissal of a public official or employee, even if no criminal prosecution is instituted
against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories,

with public officials or employees, in violation of this Act, shall be subject to the same penal
liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or
uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such
action is brought may assess against such person a penalty in any amount not to exceed twenty-
five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier,
the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. -
The Civil Service Commission shall have the primary responsibility for the administration and enforcement
of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper
authorities for appropriate action: Provided, however, that it may institute such administrative actions and
disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be
construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly
behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to
carry out the provisions of this Act, including guidelines for individuals who render free voluntary service
to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or
omissions of public officials and employees which are in violation of this Act.

Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees (Republic Act No. 6713)

Pursuant to the provisions of Section 12 of Republic Act No. 6713, otherwise known as the “Code of
Conduct and Ethical Standards for Public Officials and Employees, “approved on February 20, 1989, and
which took effect on March 25, 1989, conformably to Section 17 thereof, the following Rules are hereby
adopted in order to carry out the provisions of the said Code:

(a) Rule I Coverage

Section 1. These rules shall cover all officials and employees in the government, elective and
appointive, permanent or temporary, whether in the career or non-career service, including military
and police personnel, whether or not they receive compensation, regardless of amount.

(b) Rule II Interpretation

Section 1. These Rules shall be interpreted in the light of the Declaration of Policy found in Section 2
of the Code: “It is the policy of the State to promote a high standard of ethics in public service. Public
officials and employees shall at all times be accountable to the people and shall discharge their duties
with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead
modest lives, and uphold public interest over personal interest”.
 (c) Rule III Reforms on Public Administrative Systems
Section 1. Every department, office and agency shall, as soon as practicable and in no case later
than ninety (90) days from the effectivity of these Rules, start conducting value development
programs for its officials and employees in order to strengthen their commitment to public service and
help promote the primacy of public interest over personal interest in the performance of their duties.
Such programs and other parallel efforts on value development shall include, among other things, the
following subject:

a) Ethical and moral values;

b) Rights, duties and responsibilities of public servants;
c) Nationalism and patriotism;
d) Justice and human rights;
e) Democracy in a free and just society;
f) Philippine history, culture and tradition; and
g) Socio-economic conditions prevailing in the country, especially in the depressed areas,
and the need for a Code of Conduct and Ethical Standards.
Continuing refresher courses and seminars and/or workshops to promote a high standard of ethics in
public service shall be conducted.

Section 2. Professional, scientific, technical trainings and education programs shall enhance to
the highest degree, professionalism, excellence, intelligence and skills in the performance and discharge
of duties and responsibilities of officials and employees. These programs shall be conducted in all offices
of the government and may include subjects that are enumerated in the preceding section.

Section 3. It is the responsibility of every head of department, office and agency to ensure that
officials and employees attend the value development program and participate in parallel value
development efforts.

Section 4. Every department office and agency shall conduct continuing studies and analyses of
their work systems and procedures to improve delivery of public services. Towards this end, such studies
and analyses shall: (1) identify systems and procedures that lead or contribute to negative bureaucratic
behavior; (2) simplify rules and procedures to avoid red tape; and (3) devise or adopt systems and
procedures that promote official and employee morale and satisfaction. Each department, office or
agency shall develop a service guide or its functional equivalent which shall be regularly updated and
made available to the transacting public. A workflow chart showing procedures or flow of documents shall
likewise be posted in conspicuous places in the department, office or agency for the information and
guidance of all concerned. Upon request, the Department of Budget and Management shall assist
departments, offices and agencies in the evaluation and adoption of work systems and procedures that
will institutionalize a management climate conducive to public accountability.

Section 5. Every department, office and agency shall consult the public they serve for the
purpose of gathering feedback and suggestions on the efficiency, effectiveness and economy of services.
They shall establish mechanism to ensure the conduct of public consultation and hearings.

Section 6. Every department, office and agency shall continuously conduct research and
experimentation on measures and adopt innovative programs which will provide motivation to officials and
employees in raising the level of observance of public service ethical standards.

Section 7. Every department, office and agency shall, in consultation with the Office of the
Ombudsman, appoint or designate a Resident Ombudsman who shall act immediately on all request for
public assistance referred to him by the Ombudsman and his Deputies. He shall be held accountable for
the disposition of all requests for assistance.

Section 8. Government officials shall make themselves available to their staff for consultation and
dialogues.

Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to
derogate from any law, or any regulation prescribed by anybody or agency, which provides for more
stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of this Act shall be
taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed
for its continued implementation shall be included in the annual General Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such provision to any
person or circumstance is declared invalid, the remainder of the Act or the application of such provision to
other persons or circumstances shall not be affected by such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent herewith, are
deemed repealed or modified accordingly, unless the same provide for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion of its
publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved, February 20, 1989.

THE REVISED PENAL CODE

The difference between the penal code and criminal code. Criminal law deals with investigation,
prosecution, litigation, and the defense of the person accused. While the penal code deals with the
punishment of one who has been proven guilty.

FEATURES
• The Revised Penal Code criminalizes a whole class of acts that are generally accepted as
crimes.
• The Code also penalizes other acts which are considered criminal in the Philippines. There
are crimes that are considered illegal in our country and legal in other countries. Different
countries have different acts that they consider unlawful.
• Not all crimes in the Philippines are penalized under the Code. An example is the illegal
possession of firearms under the Republic Acts. Illegal drug use or trafficking is also now
excluded, it is now under the Comprehensive Dangerous Drugs Act of 2002.
• The Revised Penal Code centers on its classification of aggravating, exempting, and
mitigating circumstances, the appreciation of which affects the gradation of penalties.
Aggravating means the crime would be in a worse or serious situation, making the consequences
heavier. While mitigating is an act where there are actions or information that can be used to
make your consequences less or lighter.
• Penalties under the Revised Penal Code are generally divided into three periods – the
minimum period, the medium period, and the maximum period. This is where the
classification of aggravating and mitigating takes place.
• Several provisions of the Revised Penal Code have also been amended through Republic
Acts.
 Changes can be seen in the Anti-Rape Law of 1997. Before rape was classified as a
crime against chastity and was defined as "having carnal knowledge of a woman" under
enumerated circumstances that indicated lack of consent. In the present times, rape is now
classified as a crime against a person and the definition was further expanded to "an act of
sexual assault by inserting his penis into other person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person." Additional
circumstances by which the victim would be deemed incapable of giving valid consent were also
integrated into this new definition of rape.

• With the abolition of the death penalty in 2006, the highest penalty currently possible
under the Revised Penal Code is reclusion Perpetua, which ranges from 20 years and 1
day to 40 years' imprisonment.
• The penalty of life imprisonment is not provided for in the Revised Penal Code, although it
is imposed by other penal statutes such as the Comprehensive Dangerous Drugs Act.

PRELIMINARY ARTICLE

It is stated that the law shall be known as the "Revised Penal Code". The code shall take effect
on the first day of January 1932. It was based on the Spanish Código Penal, which was bought in the
Philippines when the Spaniards colonized the country. The code took effect on December 8, 1930. The
application of the provision shall be enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters, and maritime zone, but also outside of its jurisdiction, examples are
Philippine ship, airship, etc.

The Revised Penal Code is mainly about classical principles. It focuses on the crimes and
consequences. These are the characteristics of the classical theory:
● The basis of criminal liability is human free will.
● The man is essentially a moral creature with an absolutely free will to choose.
● There is scant regard to the human element.

BOOK ONE

Title One
Felonies and Circumstances Which Affect Criminal Liability

The title one contains five chapters. The first chapter defines what a felony is, which acts are
punishable by the law, either means of deceit or by fault. It also defines who is criminally liable. While the
succeeding chapters focus on the circumstances which justify, exempt, mitigate, and aggravate criminal
liability.

Chapter One Felonies

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
Deceit or dolo is an act performed with deliberate intent, while fault or culpa is when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.

Chapter Two
Justifying Circumstances and Circumstances which exempt from Criminal Liability

1. Justifying Circumstances. These are acts that don't take against the law, and because of that, there is
no criminal and civil liability.

Article 11. 1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
 Third. Lack of sufficient provocation on the part of the person defending himself.
These three shall be complete for the act to be called self-defense. Although there is also incomplete self-
defense where one or two of the said circumstances is/are present.

First. Unlawful aggression.

This is the most important element of self-defense. There are two types of aggression; lawful
aggression and unlawful. An example of lawful aggression is the force that the owner uses to halt other
people from taking or discarding their property. Although the defense of property doesn’t mean you have
the right to injure the other person, the actual danger and threat on your life must be present.
The next type of aggression is unlawful, which also has two classifications; actual and imminent. Actual is
where the danger is present, there is an actual assault that is happening that means you have the right to
defend yourself. The second classification is imminent, where the danger is about to happen.
Also, keep in mind that you can defend yourself when actual physical force or the use of weapons is
present. The examples of acts that are not considered:

● Words, no matter how hurtful it is.

● Revenge.
● In circumstances where the caught criminal has gotten injured by a group of people. A
case can be filed against the attackers if the criminal has physical injuries, homicide, or
murder.
● When both parties agreed to fight.

There is also a concept called “Mistake of Fact”, where a person acts or impersonates a crime or
criminal for the sake of pranks or jokes, and the victim mistakenly perceives the person as an aggressor
and defends him/herself. It is considered self-defense because the victim believes that his or her life is in
actual danger.

Second. Reasonable necessity of the means employed to prevent or repel it.

There are two aspects that are considered here; the necessity of the course of action and the
necessity of the means used. The necessity of the course of action is when the question “do I need to
attack the person” appeared. An example is when the person who’s holding a gun is being attacked by
the person who is holding a knife, the victim can defend him/herself by shooting the attacker because the
danger is present.
For the necessity of the means employed, it is where the question “do I have to use this way or
technique?” appeared. In the case of the previous example, the person being attacked can use his/her
gun to defend himself. Despite the fact that a gun is more dangerous than a knife.

Third. Lack of sufficient provocation on the part of the person defending himself.
Provocation is the words that have been spoken or actions that cause a negative reaction. In this
matter, the provocation must be sufficient for your actions to be considered self-defense.

As I’ve mentioned before the three circumstances must be present for the act to be considered as self-
defense. What will happen if one or two of the circumstances is/are not present? It can be considered
incomplete self-defense.
● If the first circumstance is not present, self-defense is validly envoked.
● If the first circumstance is the only thing that is present, it is called ordinary mitigating
circumstances under Article 13.
● If the first and second or first and third are present, it is considered as privileged
mitigating circumstances under Article 69. It is where the penalty is lower by one or two
degrees than the law prescribed.
There is also a case where the accused is not criminally liable even in the absence of any of the
conditions for self-defense. It is the case of R.A. 9262 Anti-Violence Against Women and Their Children
Act of 2004, which is the Battered Woman Syndrome.
Victim survivors who are found by the courts to be suffering from battered woman syndrome do not incur
any criminal and civil liability notwithstanding the absence of any of the elements under the Revised
Penal Code.

This is also where the three-cycle of violence is present.

● Tension-building phase. Where minor battering occurs, may it be verbal, slight

physical abuse, or another form of hostile behavior.
● Acute battering incident. Where the act of abuse is brutal and destructive.
● Tranquil, loving phase. The period when the couple experiences profound relief.
Where the husband asks and begs for forgiveness, and promises that he will never do
or act violently again.

There are also three requirements for a case to be called battered woman syndrome.
● There must be at least two battering.
● The final acute battering episode preceding the killing of the batterer must have produced in the
battered person's mind an actual fear of imminent harm.
● At the time of the killing, the batterer must have posed probable -- not necessarily immediate
and actual -- grave harm to the accused.

Chapter Three
Circumstances which Mitigate Criminal Liability

Article 13.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he
had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution.

Mitigating circumstances are where evidence or information is presented to lower the charge of
the offender. In the case of the stated article, the offender voluntarily surrendered himself to the authority
that makes his charges mitigate.

Chapter Four
Circumstances which Aggravate Criminal Liability.

Article 14.
11. That the crime be committed in consideration of a price, reward, or promise.

Aggravating circumstances are where the consequences get worse. In the case of the stated
example, this is where kidnapping, hiring a hitman, or attacking another person, etc. takes place.

Chapter Five Alternative Circumstances

Article 15. Their concept.

Alternative circumstances are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions attending its commission. They
are the relationship, intoxication and the degree of instruction and education of the offender.

The following are the three things that are being considered in this article.
● Relationship. The alternative circumstance of the relationship shall be taken into
consideration when the offended party is the – spouse, ascendant, descendant, etc.
● Intoxication. It is mitigating if the intoxication is not habitual or subsequent to the plan
to commit a felony, while it is aggravating if the intoxication is habitual and intentional.
● Degree of instruction or education. It refers to the lack or presence of sufficient
intelligence and knowledge of the full significance of one’s acts. A low degree of
instruction and education or lack of it is generally mitigating. The high degree of
 instruction and education is aggravating when the offender took advantage of his
learning in committing the crime.

Title Two
Persons Criminally Liable for Felonies

● Principal. The person who takes direct actions.

● Accomplices. The person who cooperated on the actions by previous or simultaneous acts.
● Accessories. The person who does not take actions but assists the persons who will perform
the act.

Title Three
Penalties

It is stated that all penalties relating to death are commuted to reclusion perpetua. Reclusion
perpetual is permanent imprisonment, which replaces the death penalty but it is not equal to life
imprisonment that is imposed offenses by the special laws. The reclusion perpetua however, is fixed to 40
years, unlike life imprisonment.

The following are the penalties:

● Reclusion perpetua. 20 years and 1 day to 40 years.

● Reclusion temporal. 12 years and 1 day to 20 years.
● Prison mayor. 6 years and 1 day to 12 years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case its duration shall be that of the principal
penalty.
● Prison correctional. 6 months and 1 day to 6 years. Except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the principal penalty.
● Arresto mayor. 1 month and 1 day to 6 months.
● Arresto menor. 1 day to 30 days.

Other penalties
● Public censure. It is a light penalty that includes strong expression ng criticism from the public.
● Fines. Which is an afflictive penalty.
● Civil Interdiction.

Accessory penalties
● Perpetual or temporary special disqualification
● Perpetual or temporary special disqualification for the exercise of the right of suffrage
● Suspension from any public office, profession or calling, or the right of suffrage

Title Four Extinction of Criminal Liability

Chapter One
Total Extinction of Criminal Liability

This discusses when criminal liability is extinguished. These include the death of the convict, service of
the sentence, amnesty, and absolute pardon, among others.

Chapter Two
Partial Extinction of Criminal Liability

This discusses when crimes can no longer be prosecuted, from the crime being discovered by the
offended party, the authorities, or their agents.
 Title Five Civil Liability

The law states that "every person criminally liable for a felony is also civilly liable."

BOOK TWO

Title One
Crimes Against National Security and Law of Nations

Art. 114. Treason. Any person who, owing allegiance to (the United States or) the Government of the
Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them
aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20,000 pesos.
Before a person can be a convict in treason there must be two witnesses at least to the same act or on
confession of the accused in open court.

Art. 121. Flight to enemy country. The penalty of arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by
competent authority.

Title Two
Crimes Against the Fundamental Laws of the State

Art. 124. Arbitrary detention. Any public officer or employee who, without legal grounds, detains a
person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has
continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not
more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.chanrobles virtual
law library

Art. 133. Offending the religious feelings. The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful chan robles virtual law library.

Title Three
Crimes Against Public Orders

Art. 134. Rebellion or insurrection. How committed. — The crime of rebellion or insurrection is
committed by rising publicly and taking arms against the Government for the purpose of removing from
the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of
any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives.
It is under prision mayor that lasts for 6 years and 1 day to 12 years. To be classified as rebellion
the movement shall be not passive or propaganda war, it must involve actual fighting with the
governments’ soldiers, destruction ng public places, kidnapping, or extortion.
The purpose must be a complete overthrow or power grab. An example of a complete overthrow
is from Luzon to Mindanao. While an example of partial overthrow or secession is to separate Visayas to
make it a new country. Next is to remove a portion of the territory, an example is to make Luzon a part of
the country China.
 Art. 156. Delivery of prisoners from jails. The penalty of arresto mayor in its maximum period of prision
correccional in its minimum period shall be imposed upon any person who shall remove from any jail or
penal establishment any person confined therein or shall help the escape of such person, by means of
violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.
If the escape of the prisoner shall take place outside of said establishments by taking the guards
by surprise, the same penalties shall be imposed in their minimum period.

Title Four
Crimes Against Public Interest

Article 174. False medical certificates, false certificates of merits or service, etc. The penalties of
arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to
exceed P1,000 pesos.
It works for physicians or surgeons that practice their profession with fake certificates and public
officers that issue fake certificates of merit of service, good conduct, and other similar circumstances.

Title Five
Crimes Relative to Opium and Other Prohibited Drugs

Repealed by Comprehensive Dangerous Drugs Act of 2002.

Title Six
Crimes Against Public Morals

Article 200. Grave scandal. The penalties of arresto mayor and public censure shall be imposed upon
any person who shall offend against decency or good customs by any highly scandalous conduct not
expressly falling within any other article of this Code.

1. The act, either a physical observable activity or audible noise, both of which scandalizes those
who see or hear them. Examples are engaging in torrid kissing, urinating or defecating or going around
in scanty attire, or loud obscene sex noises.
2. The action is done in public places or within public knowledge or public view, like verandas.
3. The scandalous acts affect public morals or sensitivity and have nothing to do with violations of
public peace and tranquility. Scandalous fights of couples or groups are under the Alarm and Scandal.

Title Seven
Crimes Conducted by Public Officers

For purposes of this section, and elsewhere when cited, a public officer is anyone who takes part
in public functions of the government of the Philippines. Other crimes committed by public officers are
included in the Anti-Graft and Corrupt Practices Act, and other laws.
Bribery connotes the idea of a public officer utilizing the power, influence or prestige of his office for the
benefit of an individual in exchange for a consideration. Simple bribery has two branches, which are direct
and indirect bribery.

Article 210. Direct bribery. Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another, shall suffer the penalty
of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift and]
not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed
upon, if the same shall have been committed.

Article 211. Indirect bribery. The penalties of prision correccional in its medium and maximum periods,
and public censure shall be imposed upon any public officer who shall accept gifts offered to him by
reason of his office.
 Title Eight. Crimes against Persons

Chapter 1
Destruction of Life

A. Parricide - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by
the penalty of reclusion perpetua to death.

B. Murder - Any person who, not falling within the provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion temporal in its maximum period to death.

C. Homicide - Any person who, not falling within the provisions of Article 246, shall kill another without
the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.

D. Penalty for Frustrated Parricide, Murder or Homicide - The courts, in view of the facts of the case,
may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and
penalized in the preceding articles, a penalty lower by one degree than that which should be imposed
under the provision of Article 50.

E. Giving assistance to suicide - Any person who shall assist another to commit suicide shall suffer the
penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing
himself, he shall suffer the penalty of reclusion temporal.

F. Infanticide - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child less than three days of age.
*If the crime penalized in this article be committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum
periods, and if said crime be committed for the same purpose by the maternal grandparents or either of
them, the penalty shall be prision mayor.

G. Intentional abortion - Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the
woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall
have consented.

Chapter 2
Physical Injuries

A. Mutilation - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any
person who shall intentionally mutilate another by depriving him, either totally or partially, or some
essential organ of reproduction.

B. Serious Physical Injuries - Any person who shall wound, beat, or assault another, shall be guilty of
the crime of serious physical injuries.

Title Nine. Crimes against Personal Liberty and Security

Chapter 1
Crimes against Liberty
A. Kidnapping and Serious Illegal Detention - Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to
death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.

B. Unlawful Arrest - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any person who, in any case other than those authorized by law, or without reasonable ground
therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

C. Slavery - The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed
upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
*If the crime be committed for the purpose of assigning the offended party to some immoral
traffic, the penalty shall be imposed in its maximum period

D. Exploitation of child labor - The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing
himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor,
shall, against the latter's will, retain him in his service.

Chapter 2
Crimes against Security

A. Abandoning a minor - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be
imposed upon any one who shall abandon a child under seven years of age, the custody of which is
incumbent upon him.
* When the death of the minor shall result from such abandonment, the culprit shall be punished
by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in
danger only, the penalty shall be prision correccional in its minimum and medium periods.

B. Exploitation of minors - The penalty of prision correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon:
* Any person who shall cause any boy or girl under sixteen years of age to perform any
dangerous feat of balancing, physical strength, or contortion.

C. Grave threats - Any person who shall threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime be threatened to
commit, if the offender shall have made the threat demanding money or imposing any other
condition, even though not unlawful, and said offender shall have attained his purpose. If the
offender shall not have attained his purpose, the penalty lower by two degrees shall be
imposed. If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have
been made subject to a condition.

D. Light threats - Any threat to commit a wrong not constituting a crime, made in the manner expressed
in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

E. Grave coercions - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any person who, without authority of law, shall, by means of violence, prevent another from doing
something not prohibited by law, or compel him to do something against his will, whether it be right or
wrong.
 *If the coercion be committed for the purpose of compelling another to perform any religious act
or to prevent him from so doing, the penalty next higher in degree shall be imposed.

F. Light coercions - Any person who, by means of violence, shall seize 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 its minimum period and a fine equivalent to the value of the thing, but in no case less than 75
pesos.
*Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging
from 5 pesos to 200 pesos, or both.

Chapter 3
Discovery and Revelation of Secrets

A. Discovering secrets through seizure of correspondence - The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private
individual who in order to discover the secrets of another, shall seize his papers or letters and reveal the
contents thereof.

B. Revealing secrets with abuse of office - The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the
secrets of his principal or master and shall reveal such secrets.

C. Revelation of industrial secrets - The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or
workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof,
shall reveal the secrets of the industry of the latter.

Title Ten. Crimes against Property

Chapter 1
Robbery in General

A. Robbery - Any person who, with intent to gain, shall take any personal property belonging to another,
by means of violence or intimidation of any person, or using force upon anything shall be guilty of
robbery.

B. Robbery with violence against or intimidation of persons - Any person guilty of robbery with the
use of violence against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery,
the crime of homicide shall have been committed.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the
robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on
occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263
shall have been inflicted; Provided, however, that when the robbery accompanied with rape is
committed with a use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.

C. Attempted and Frustrated Robbery Committed Under Certain Circumstances - When by reason
or on occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such
offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the
homicide committed shall deserve a higher penalty under the provisions of this Code.

Chapter 2
Brigandage
A. Brigand - When more than three armed persons form a band of robbers for the purpose of committing
robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any
other purpose to be attained by means of force and violence, they shall be deemed highway robbers or
brigands.

Chapter 3
Theft

A. Who are liable for theft - Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things, shall take personal property of another
without the latter's consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or
shall gather cereals, or other forest or farm products.

B. Qualified Theft - The crime of theft shall be punished by the penalties next higher by two degrees
than those respectively specified in the next preceding article, if committed by a domestic servant, or with
grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists
of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if
property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance.

C. Theft of the property of the National Library and National Museum - If the property stolen be any
property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine
ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other
provisions of this Code, in which case, the offender shall be punished by such higher penalty.

Chapter 4
Usurpation

A. Occupation of real property or usurpation of real rights in property - Any person who, by means
of violence against or intimidation of persons, shall take possession of any real property or shall usurp
any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence
executed by him, shall be punished by a fine from 50 to 100 per centum of the gain which he shall have
obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Chapter 6
Swindling and other Deceits

A. Swindling (Estafa) - Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision 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 exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed
shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may
be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be.
 2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period if such amount is over 200 pesos but does not exceed 6,000 pesos.

Chapter 9
Malicious Mischief

A. Malicious mischief - Any person who shall deliberately cause the property of another any damage not
falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

B. Special cases of malicious mischief - Any person who shall cause damage to obstruct the
performance of public functions, or using any poisonous or corrosive substance; or spreading any
infection or contagion among cattle; or who cause damage to the property of the National Museum or
National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in
common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage
caused exceeds 1,000 pesos;
2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over
200 pesos; and
3. By arresto menor, in such value does not exceed 200 pesos.

Title Eleven. Crimes against Chastity

Chapter 1
Adultery and Concubinage

A. Adultery - Adultery is committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the
marriage be subsequently declared void.
* Adultery shall be punished by prision correccional in its medium and maximum periods.If the
person guilty of adultery committed this offense while being abandoned without justification by the
offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph
shall be imposed.

B. Concubinage - Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her
in any other place, shall be punished by prision correccional in its minimum and medium periods.
* The concubine shall suffer the penalty of destierro.

Chapter 2
Rape and Acts of Lasciviousness

A. When and how rape is committed - Rape is committed by having carnal knowledge of a woman
under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the circumstances
mentioned in the two next preceding paragraphs shall be present.
 * The crime of rape shall be punished by reclusion perpetua.
B. Acts of lasciviousness - Any person who shall commit any act of lasciviousness upon other persons
of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by
prision correccional.

Chapter 3
Seduction and Corruption of Minors

A. Qualified Seduction - The seduction of a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the education or custody of the woman seduced,
shall be punished by prision correccional in its minimum and medium periods.

B. Simple Seduction - The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor.

C. Corruption of Minors - Any person who shall promote or facilitate the prostitution or corruption of
persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a
pubic officer or employee, including those in government-owned or controlled corporations, he shall also
suffer the penalty of temporary absolute disqualification.

Chapter 4
Abduction

A. Forcible Abduction - The abduction of any woman against her will and with lewd designs shall be
punished by reclusion temporal.
* The same penalty shall be imposed in every case, if the female abducted be under twelve years
of age.

B. Consented abduction - The abduction of a virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.

Title Twelve. Crimes against the Civil Status of Persons

Chapter 1
Simulation of Births and Usurpation of Civil Status

A. Simulation of births, substitution of one child for another and concealment or abandonment of
a legitimate child - The simulation of births and the substitution of one child for another shall be
punished by prision mayor and a fine of not exceeding 1,000 pesos.
* The same penalties shall be imposed upon any person who shall conceal or abandon any
legitimate child with intent to cause such child to lose its civil status.
* Any physician or surgeon or public officer who, in violation of the duties of his profession or
office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding
paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special
disqualification.

B. Usurpation of Civil Status - The penalty of prision mayor shall be imposed upon any person who
shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or
his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be
imposed

Chapter 2
Illegal Marriages
A. Bigamy - The penalty of prision mayor shall be imposed upon any person who shall contract a second
or subsequent marriage before the former marriage has been legally dissolved, or before the absent
spouse has been declared presumptively dead by means of a judgment rendered in the proper
proceedings.

B. Marriage contracted against provisions of laws - The penalty of prision correccional in its medium
and maximum periods shall be imposed upon any person who, without being included in the provisions of
the next proceeding article, shall have not been complied with or that the marriage is in disregard of a
legal impediment.
* If either of the contracting parties shall obtain the consent of the other by means of violence,
intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next
preceding paragraph.

C. Premature Marriages - Any widow who shall marry within three hundred and one day from the date of
the death of her husband, or before having delivered if she shall have been pregnant at the time of his
death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.
* The same penalties shall be imposed upon any woman whose marriage shall have been
annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three
hundred and one day after the legal separation.

Title Thirteen. Crimes against Honor

Chapter 1
Libel

A. Libel - A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt
of a natural or juridical person, or to blacken the memory of one who is dead.

B. Libel means by writings or similar means. - A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or
any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine
ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the
offended party.

C. Slander - Oral defamation shall be punished by arresto mayor in its maximum period to prision
correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall
be arresto menor or a fine not exceeding 200 pesos.

D. Slander by deed - The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall
perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt
upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not
exceeding 200 pesos.

Article 360. Persons responsible. - Any person who shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar means, shall be responsible for the same.

Chapter 2
Incriminatory Machinations

A. Incriminating innocent person - Any person who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto
menor.
B. Intriguing against honor - The penalty of arresto menor or fine not exceeding 200 pesos shall be
imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a
person.
Title Fourteen. Quasi-Offenses

Sole Chapter
Criminal Negligence

A. Imprudence and Negligence - Any person who, by reckless imprudence, shall commit any act which,
had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto 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.
* Any person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum
period shall be imposed.
* When the execution of the act covered by this article shall have only resulted in damage to the
property of another, the offender shall be punished by a fine ranging from an amount equal to the value of
said damages to three times such value, but which shall in no case be less than twenty-five pesos.
* A fine not exceeding two hundred pesos and censure shall be imposed upon any person who,
by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have
constituted a light felony.
* In the imposition of these penalties, the court shall exercise their sound discretion, without
regard to the rules prescribed in Article sixty-four.

B. Reckless Imprudence- consists in voluntary, but without malice, doing or falling to do an act from
which material damage results by reason of inexcusable lack of precaution on the part of the person
performing of failing to perform such act, taking into consideration his employment or occupation, degree
of intelligence, physical condition and other circumstances regarding persons, time and place.

C. Simple imprudence - consists in the lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.

Title Fifteen. Final Provisions

Article 366. Application of laws enacted prior to this Code. - Without prejudice to the provisions contained
in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this
Code shall be punished in accordance with the Code or Acts in force at the time of their commission.

Article 367. Repealing Clause. - Except as is provided in the next preceding article, the present Penal
Code, the Provisional Law for the application of its provisions, and Acts Nos. 277, 282 ,480, 518, 519,
899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300,
2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are
hereby repealed.