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Act No. 3815

December 8, 1930

The Revised Penal Code of the Philippines

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

Revised Penal Code of the Philippines

Book One

Articles 1- 113

Book Two

Articles 114-367

Appendices

THE ANTI-BOUNCING CHECK LAW

Batas Pambansa Bilang 22

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ACT NO. 3815

 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

(December 8, 1930)

Preliminary Article — This law shall be known as "The Revised Penal Code."

BOOK ONE

GENERAL PROVISIONS REGARDING THE DATE OF

ENFORCEMENT AND APPLICATION OF THE PROVISIONS

OF THIS CODE, AND REGARDING THE OFFENSES, THE

PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS AND APPLICATION

OF THE PROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen
hundred and thirty-two.chanrobles virtual law library

Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands; chan robles virtual law library

3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions;
or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One
of Book Two of this Code.chanrobles virtual law library

Title One

FELONIES AND CIRCUMSTANCES

WHICH AFFECT CRIMINAL LIABILITY

Chapter One

FELONIES

Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).chanrobles virtual law
library

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).chanrobles
virtual law library

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of foresight, or lack of skill.chanrobles virtual law library

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that
which he intended.chanrobles virtual law library

2. By any person performing an act which would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means.chanrobles virtual law library
Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by
the law, and in cases of excessive penalties.chanrobles virtual law library — Whenever a court has
knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall
render the proper decision, and shall report to the Chief Executive, through the Department of Justice,
the reasons which induce the court to believe that said act should be made the subject of
legislation.chanrobles virtual law library

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the injury caused by the offense.chanrobles virtual
law library

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those
which are frustrated and attempted, are punishable.chanrobles virtual law library

A felony is consummated when all the elements necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.chanrobles virtual law library

There is an attempt when the offender commences the commission of a felony directly or over acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.chanrobles virtual law library

Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been
consummated, with the exception of those committed against person or property.chanrobles virtual law
library chan robles virtual law library

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.chanrobles virtual law
library
A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.chanrobles virtual law library

There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.chanrobles virtual law library

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance
with Art. 25 of this Code.chanrobles virtual law library

Less grave felonies are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with the above-mentioned Art..chanrobles virtual law library

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a
fine not exceeding 200 pesos or both; is provided.chanrobles virtual law library

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may
be punishable under special laws are not subject to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should specially provide the contrary.chanrobles virtual
law library

Chapter Two

JUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

Art. 11. Justifying circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.chanrobles virtual law library

Second. Reasonable necessity of the means employed to prevent or repel it.chanrobles virtual law
library

Third. Lack of sufficient provocation on the part of the person defending himself.chanrobles virtual law
library

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and
those consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making defense had no part
therein.chanrobles virtual law library

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Art. are present and that the person defending be
not induced by revenge, resentment, or other evil motive.chanrobles virtual law library

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.chanrobles virtual law
library

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.chanrobles
virtual law library
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.chanrobles virtual law library

Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal
liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.chanrobles virtual
law library

When the imbecile or an insane person has committed an act which the law defines as a felony (delito),
the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same
court.chanrobles virtual law library

2. A person under nine years of age.chanrobles virtual law library

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this
Code.chanrobles virtual law library

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education otherwise, he shall be committed to the care
of some institution or person mentioned in said Art. 80.chanrobles virtual law library

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.chanrobles virtual law library

5. Any person who act under the compulsion of irresistible force.chanrobles virtual law library

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.chanrobles virtual law library
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.chanrobles virtual law library

Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Art. 13. Mitigating circumstances. — The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are not attendant.chanrobles virtual law library

2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of Art. 80.chanrobles virtual law library

3. That the offender had no intention to commit so grave a wrong as that committed.chanrobles virtual
law library

4. That sufficient provocation or threat on the part of the offended party immediately preceded the
act.chanrobles virtual law library

5. That the act was committed in the immediate vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.chanrobles
virtual law library

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.chanrobles virtual law library

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;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communications with his fellow beings.chanrobles virtual law
library

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.chanrobles virtual law library chan robles virtual
law library

10. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.chanrobles virtual law library

Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Art. 14. Aggravating circumstances. — The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.chanrobles virtual law library

2. That the crime be committed in contempt or with insult to the public authorities.chanrobles virtual
law library

3. That the act be committed with insult or in disregard of the respect due the offended party on
account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the
latter has not given provocation.chanrobles virtual law library

4. That the act be committed with abuse of confidence or obvious ungratefulness.chanrobles virtual law
library

5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.chanrobles virtual law library
6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.chanrobles virtual law library

Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.chanrobles virtual law library

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.chanrobles virtual law library

8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.chanrobles virtual law library

9. That the accused is a recidivist.chanrobles virtual law library

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of this Code.chanrobles virtual law library

10. That the offender has been previously punished by an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty.chanrobles virtual law
library

11. That the crime be committed in consideration of a price, reward, or promise.chanrobles virtual law
library

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or
international damage thereto, derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.chanrobles virtual law library

13. That the act be committed with evidence premeditation.chanrobles virtual law library
14. That the craft, fraud or disguise be employed.chanrobles virtual law library

15. That advantage be taken of superior strength, or means be employed to weaken the
defense.chanrobles virtual law library

16. That the act be committed with treachery (alevosia).chanrobles virtual law library

There is treachery when the offender commits any of the crimes against the person, employing means,
methods, or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.chanrobles virtual
law library

17. That means be employed or circumstances brought about which add ignominy to the natural effects
of the act.chanrobles virtual law library

18. That the crime be committed after an unlawful entry.chanrobles virtual law library

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be
broken.chanrobles virtual law library

20. That the crime be committed with the aid of persons under fifteen years of age or by means of
motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commissions.chanrobles virtual law library

Chapter Five

ALTERNATIVE CIRCUMSTANCES
Art. 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.chanrobles virtual law library

The alternative circumstance of relationship shall be taken into consideration when the offended party
in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by
affinity in the same degrees of the offender.chanrobles virtual law library

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when
the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent
to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be
considered as an aggravating circumstance.chanrobles virtual law library

Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:

1. Principals.chanrobles virtual law library

2. Accomplices.chanrobles virtual law library

3. Accessories.chanrobles virtual law library

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.chanrobles virtual law library

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.chanrobles virtual law library

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in
the execution of the offense by previous or simultaneous acts.chanrobles virtual law library

Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime,
and without having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners: chan robles virtual law library

1. By profiting themselves or assisting the offender to profit by the effects of the crime.chanrobles
virtual law library

2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.chanrobles virtual law library

3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.chanrobles virtual law library

Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories
shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the provisions of paragraph 1 of the next
preceding article.chanrobles virtual law library

Title Three

PENALTIES

Chapter One
PENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed
by law prior to its commission.chanrobles virtual law library

Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same.chanrobles virtual law library

Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest
of the injured party is extinguished by his express waiver.chanrobles virtual law library

Art. 24. Measures of prevention or safety which are nor considered penalties. — The following shall not
be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.chanrobles virtual law library

2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes
specified therein.chanrobles virtual law library

3. Suspension from the employment of public office during the trial or in order to institute
proceedings.chanrobles virtual law library

4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.chanrobles virtual law library

5. Deprivation of rights and the reparations which the civil laws may establish in penal form.chanrobles
virtual law library
Chapter Two

CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. — The penalties which may be imposed according to this
Code, and their different classes, are those included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor.

Correctional penalties:

Prision correccional,

Arresto mayor,

Suspension,

Destierro.
Light penalties:

Arresto menor,

Public censure.

Penalties common to the three preceding classes:

Fine, and

Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

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

Civil interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense,

Payment of costs.

Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a single of as an
alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than
200 pesos.chanrobles virtual law library
Chapter Three

DURATION AND EFFECTS OF PENALTIES

Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or
some other serious cause shall be considered by the Chief Executive as unworthy of pardon.chanrobles
virtual law library

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to
twenty years.chanrobles virtual law library

Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor and
temporary disqualification shall be from six years and one day to twelve 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.chanrobles virtual law library

Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional,
suspension and destierro shall be from six months and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be that of the principal
penalty.chanrobles virtual law library

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to
six months.chanrobles virtual law library

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty
days.chanrobles virtual law library

Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as
the court may determine.chanrobles virtual law library
Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day on which the judgment of conviction shall have
become final.chanrobles virtual law library

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the other penalties shall be computed
only from the day on which the defendant commences to serve his sentence.chanrobles virtual law
library

Art. 29. Period of preventive imprisonment deducted from term of imprisonment. — Offenders who
have undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:

1. When they are recidivists or have been convicted previously twice or more times of any crime; and

2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.chanrobles virtual law library

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970).chanrobles
virtual law library

Whenever an accused has undergone preventive imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which
the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive
imprisonment. (As amended by E.O. No. 214, July 10, 1988).

Section Two. — Effects of the penalties

according to their respective nature

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. — The penalties of
perpetual or temporary absolute disqualification for public office shall produce the following effects:

1. The deprivation of the public offices and employments which the offender may have held even if
conferred by popular election.chanrobles virtual law library

2. The deprivation of the right to vote in any election for any popular office or to be elected to such
office.chanrobles virtual law library

3. The disqualification for the offices or public employments and for the exercise of any of the rights
mentioned.chanrobles virtual law library

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this

article shall last during the term of the sentence.chanrobles virtual law library

4. The loss of all rights to retirement pay or other pension for any office formerly held.chanrobles virtual
law library

Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The penalties of
perpetual or temporal special disqualification for public office, profession or calling shall produce the
following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or during the term
of the sentence according to the extent of such disqualification.chanrobles virtual law library

Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the
right of suffrage. — The perpetual or temporary special disqualification for the exercise of the right of
suffrage shall deprive the offender perpetually or during the term of the sentence, according to the
nature of said penalty, of the right to vote in any popular election for any public office or to be elected
to such office. Moreover, the offender shall not be permitted to hold any public office during the period
of his disqualification.chanrobles virtual law library
Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of
suffrage. — The suspension from public office, profession or calling, and the exercise of the right of
suffrage shall disqualify the offender from holding such office or exercising such profession or calling or
right of suffrage during the term of the sentence.chanrobles virtual law library

The person suspended from holding public office shall not hold another having similar functions during
the period of his suspension.chanrobles virtual law library

Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time of his sentence
of the rights of parental authority, or guardianship, either as to the person or property of any ward, of
marital authority, of the right to manage his property and of the right to dispose of such property by any
act or any conveyance inter vivos.chanrobles virtual law library

Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced to give bond
to keep the peace, to present two sufficient sureties who shall undertake that such person will not
commit the offense sought to be prevented, and that in case such offense be committed they will pay
the amount determined by the court in the judgment, or otherwise to deposit such amount in the office
of the clerk of the court to guarantee said undertaking.chanrobles virtual law library

The court shall determine, according to its discretion, the period of duration of the bond.chanrobles
virtual law library

Should the person sentenced fail to give the bond as required he shall be detained for a period which
shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and
shall not exceed thirty days, if for a light felony.chanrobles virtual law library

Art. 36. Pardon; its effect. — A pardon shall not work the restoration of the right to hold public office, or
the right of suffrage, unless such rights be expressly restored by the terms of the pardon.chanrobles
virtual law library

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him
by the sentence.chanrobles virtual law library
Art. 37. Cost; What are included. — Costs shall include fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations
in force, or amounts not subject to schedule.chanrobles virtual law library

Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:

1. The reparation of the damage caused.chanrobles virtual law library

2. Indemnification of consequential damages.chanrobles virtual law library

3. The fine.chanrobles virtual law library

4. The cost of the proceedings.chanrobles virtual law library

Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine mentioned in
the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the
rate of one day for each eight pesos, subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for
more than one year, and no fraction or part of a day shall be counted against the prisoner.chanrobles
virtual law library

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed
fifteen days, if for a light felony.chanrobles virtual law library

3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be
imposed upon the culprit.chanrobles virtual law library
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such
penalty is of fixed duration, the convict, during the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those of which the principal penalty
consists.chanrobles virtual law library chan robles virtual law library

5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall
not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA
5465, April 21, 1969).

Section Three. — Penalties in which other accessory penalties

are inherent

Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil
interdiction during thirty years following the date sentence, unless such accessory penalties have been
expressly remitted in the pardon.chanrobles virtual law library

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or
during the period of the sentence as the case may be, and that of perpetual absolute disqualification
which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon.chanrobles virtual law library

Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of perpetual special disqualification from the right of
suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.chanrobles virtual law library

Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional shall carry
with it that of suspension from public office, from the right to follow a profession or calling, and that of
perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall
exceed eighteen months. The offender shall suffer the disqualification provided in the article although
pardoned as to the principal penalty, unless the same shall have been expressly remitted in the
pardon.chanrobles virtual law library
Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that of suspension of
the right too hold office and the right of suffrage during the term of the sentence.chanrobles virtual law
library

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty
imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and
the instruments or tools with which it was committed.chanrobles virtual law library

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government,
unless they be property of a third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.chanrobles virtual law library

Chapter Four

APPLICATION OF PENALTIES

Section One. — Rules for the application of penalties

to the persons criminally liable and for the graduation of the same.chanrobles virtual law library

Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such
felony.chanrobles virtual law library

Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable
to the consummated felony.chanrobles virtual law library

Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be imposed in
all cases in which it must be imposed under existing laws, except in the following cases:

1. When the guilty person be more than seventy years of age.chanrobles virtual law library
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not
unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition
of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence,
the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court,
unless some member or members thereof shall have been disqualified from taking part in the
consideration of the case, in which even the unanimous vote and signature of only the remaining
justices shall be required.chanrobles virtual law library

Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.chanrobles virtual law
library

Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that
intended. — In cases in which the felony committed is different from that which the offender intended
to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.chanrobles virtual law library

2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum
period.chanrobles virtual law library

3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by
the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or
the frustrated crime shall be imposed in its maximum period.chanrobles virtual law library

Art. 50. Penalty to be imposed upon principals of a frustrated crime.chanrobles virtual law library —
The penalty next lower in degree than that prescribed by law for the consummated felony shall be
imposed upon the principal in a frustrated felony.chanrobles virtual law library

Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower by two degrees
than that prescribed by law for the consummated felony shall be imposed upon the principals in an
attempt to commit a felony.chanrobles virtual law library
Art. 52. Penalty to be imposed upon accomplices in consummated crime.chanrobles virtual law library
— The penalty next lower in degree than that prescribed by law for the consummated shall be imposed
upon the accomplices in the commission of a consummated felony.chanrobles virtual law library

Art. 53. Penalty to be imposed upon accessories to the commission of a consummated felony. — The
penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the accessories to the commission of a consummated felony.chanrobles virtual law library

Art. 54. Penalty to imposed upon accomplices in a frustrated crime.chanrobles virtual law library — The
penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the
accomplices in the commission of a frustrated felony.chanrobles virtual law library

Art. 55. Penalty to be imposed upon accessories of a frustrated crime.chanrobles virtual law library —
The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed
upon the accessories to the commission of a frustrated felony.chanrobles virtual law library

Art. 56. Penalty to be imposed upon accomplices in an attempted crime.chanrobles virtual law library —
The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be
imposed upon the accomplices in an attempt to commit the felony.chanrobles virtual law library

Art. 57. Penalty to be imposed upon accessories of an attempted crime.chanrobles virtual law library —
The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed
upon the accessories to the attempt to commit a felony.chanrobles virtual law library

Art. 58. Additional penalty to be imposed upon certain accessories.chanrobles virtual law library —
Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if
the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if
he shall be guilty of a less grave felony.chanrobles virtual law library
Art. 59. Penalty to be imposed in case of failure to commit the crime because the means employed or
the aims sought are impossible. — When the person intending to commit an offense has already
performed the acts for the execution of the same but nevertheless the crime was not produced by
reason of the fact that the act intended was by its nature one of impossible accomplishment or because
the means employed by such person are essentially inadequate to produce the result desired by him,
the court, having in mind the social danger and the degree of criminality shown by the offender, shall
impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.chanrobles virtual law
library

Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions contained in Articles 50
to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or
accessories.chanrobles virtual law library

Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties which, according
to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as
principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules
shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees
shall be that immediately following that indivisible penalty in the respective graduated scale prescribed
in Article 71 of this Code.chanrobles virtual law library

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more
divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the respective graduated
scale.chanrobles virtual law library

3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the
maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the maximum periods of the proper
divisible penalty and the maximum period of that immediately following in said respective graduated
scale.chanrobles virtual law library
4. when the penalty prescribed for the crime is composed of several periods, corresponding to different
divisible penalties, the penalty next lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty immediately following in the above mentioned
respective graduated scale.chanrobles virtual law library

5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four
preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those
guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices
and accessories.chanrobles virtual law library

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Prescribe for the crime

Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime

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

Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted
crime

Penalty to be imposed upon the accessory in an attempted crime

First Case Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision
Correccional

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

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

Fourth Case Prision Mayor in its maximum period to reclusion temporal in its medium period.
Prision correccional in its maximum period to prision mayor in its medium period. Arresto
mayor in its maximum period to prision correccional in its medium period. Fine and Arresto Mayor
in its minimum and medium periods Fine.

Section Two. — Rules for the application of penalties with regard to the mitigating and aggravating
circumstances, and habitual delinquency.chanrobles virtual law library

Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
— Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the
purpose of diminishing or increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or

which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken
into account for the purpose of increasing the penalty.chanrobles virtual law library

2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a
degree that it must of necessity accompany the commission thereof.chanrobles virtual law library

3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or
from his private relations with the offended party, or from any other personal cause, shall only serve to
aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.chanrobles virtual law library

4. The circumstances which consist in the material execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge
of them at the time of the execution of the act or their cooperation therein.chanrobles virtual law library

5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last
crime of which he be found guilty and to the additional penalty of prision correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of prision mayor in its minimum and medium
periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.chanrobles virtual law library

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case exceed 30 years.chanrobles virtual law library

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of
ten years from the date of his release or last conviction of the crimes of serious or less serious physical
injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or
oftener.chanrobles virtual law library

Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law prescribes a
single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.chanrobles virtual law library

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following
rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating circumstance, the greater
penalty shall be applied.chanrobles virtual law library

2. When there are neither mitigating nor aggravating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.chanrobles virtual law library

3. When the commission of the act is attended by some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.chanrobles virtual law library
4. When both mitigating and aggravating circumstances attended the commission of the act, the court
shall reasonably allow them to offset one another in consideration of their number and importance, for
the purpose of applying the penalty in accordance with the preceding rules, according to the result of
such compensation.chanrobles virtual law library

Art. 64. Rules for the application of penalties which contain three periods. — In cases in which the
penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed
of three different penalties, each one of which forms a period in accordance with the provisions of
Articles 76 and 77, the court shall observe for the application of the penalty the following rules,
according to whether there are or are not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.chanrobles virtual law library

2. When only a mitigating circumstances is present in the commission of the act, they shall impose the
penalty in its minimum period.chanrobles virtual law library

3. When an aggravating circumstance is present in the commission of the act, they shall impose the
penalty in its maximum period.chanrobles virtual law library

4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset
those of one class against the other according to their relative weight.chanrobles virtual law library

5. When there are two or more mitigating circumstances and no aggravating circumstances are present,
the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem
applicable, according to the number and nature of such circumstances.chanrobles virtual law library

6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law, in its maximum period.chanrobles virtual law
library

7. Within the limits of each period, the court shall determine the extent of the penalty according to the
number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of
the evil produced by the crime.chanrobles virtual law library
Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases in which the
penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and
forming one period of each of the three portions.chanrobles virtual law library

Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to the mitigating
and aggravating circumstances, but more particularly to the wealth or means of the culprit.chanrobles
virtual law library

Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of
Article 12 are present.— When all the conditions required in circumstances Number 4 of Article 12 of
this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have
been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave
felony.chanrobles virtual law library chan robles virtual law library

Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the offender is a
minor under eighteen years and his case is one coming under the provisions of the paragraphs next to
the last of Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason
of the court having declared that he acted with discernment, a discretionary penalty shall be imposed,
but always lower by two degrees at least than that prescribed by law for the crime which he
committed.chanrobles virtual law library

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period.chanrobles virtual law library

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A penalty lower by
one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to justify the same or to exempt from criminal
liability in the several cases mentioned in Article 11 and 12, provided that the majority of such
conditions be present. The courts shall impose the penalty in the period which may be deemed proper,
in view of the number and nature of the conditions of exemption present or lacking.chanrobles virtual
law library

Art. 70. Successive service of sentence. — When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules
shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that they
may be executed successively or as nearly as may be possible, should a pardon have been granted as to
the penalty or penalties first imposed, or should they have been served out.chanrobles virtual law
library

For the purpose of applying the provisions of the next preceding paragraph the respective severity of
the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional, chan robles virtual law library

6. Arresto mayor,

7. Arresto menor,

8. Destierro,
9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.chanrobles virtual law library

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

12. Public censure.chanrobles virtual law library

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's
sentence shall not be more than three-fold the length of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum
total of those imposed equals the same maximum period.chanrobles virtual law library

Such maximum period shall in no case exceed forty years.chanrobles virtual law library

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be
computed at thirty years. (As amended).chanrobles virtual law library

Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by one or
more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in
graduating such penalty.chanrobles virtual law library

The lower or higher penalty shall be taken from the graduated scale in which is comprised the given
penalty.chanrobles virtual law library

The courts, in applying such lower or higher penalty, shall observe the following graduated scales:

SCALE NO. 1
1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.chanrobles virtual law library

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be

voted for, the right to follow a profession or calling,

4. Public censure,

5. Fine.chanrobles virtual law library

Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a person found guilty of
two or more offenses shall be satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order of time.chanrobles virtual law library

Section Three. — Provisions common in the last two preceding sections

Art. 73. Presumption in regard to the imposition of accessory penalties . — Whenever the courts shall
impose a penalty which, by provision of law, carries with it other penalties, according to the provisions
of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also
imposed upon the convict.chanrobles virtual law library

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the law prescribes a
penalty higher than another given penalty, without specially designating the name of the former, if such
higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall
be considered as the next higher penalty.chanrobles virtual law library

Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever it may be
necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law,
without however, changing the minimum.chanrobles virtual law library

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are
made proportional.chanrobles virtual law library
Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of divisible
penalties shall be considered as divided into three parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR
PERIODS

Penalties

Time included in the penalty in its entirety

Time included in its minimum period

Time included in its medium period

Time included in its maximum

Reclusion temporal From 12 years and 1 day to 20 years. From 12 years and 1 day to 14 years
and 8 months. From 14 years, 8 months and 1 day to 17 years and 4 months. From 17 years, 4
months and 1 day to 20 years.

Prision mayor, absolute disqualification and special temporary disqualification From 6 years and 1 day
to 12 years. From 6 years and 1 day to 8 years. From 8 years and 1 day to 10 years. From
10 years and 1 day to 12 years.

Prision correccional, suspension and destierro From 6 months and 1 day to 6 years. From 6 months
and 1 day to 2 years and 4 months. From 2 years, 4 months and 1 day to 4 years and 2 months.
From 4 years, 2 months and 1 day to 6 years.

Arresto mayor From 1 month and 1 day to months. From 1 to 2 months. From 2 months and 1
day to 4 months. From 4 months and 1 day to 6 months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30

days.

Art. 77. When the penalty is a complex one composed of three distinct penalties. — In cases in which
the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the
lightest of them shall be the minimum the next the medium, and the most severe the maximum
period.chanrobles virtual law library

Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the prescribed rules.chanrobles virtual law library

Chapter Five

EXECUTION AND SERVICE OF PENALTIES

Section One. — General Provisions

Art. 78. When and how a penalty is to be executed. — No penalty shall be executed except by virtue of a
final judgment.chanrobles virtual law library

A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.chanrobles virtual law library

In addition to the provisions of the law, the special regulations prescribed for the government of the
institutions in which the penalties are to be suffered shall be observed with regard to the character of
the work to be performed, the time of its performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons, the relief which they may receive, and
their diet.chanrobles virtual law library

The regulations shall make provision for the separation of the sexes in different institutions, or at least
into different departments and also for the correction and reform of the convicts.chanrobles virtual law
library

Art. 79. Suspension of the execution and service of the penalties in case of insanity. — When a convict
shall become insane or an imbecile after final sentence has been pronounced, the execution of said
sentence shall be suspended only with regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.chanrobles
virtual law library
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the provisions of this Code.chanrobles virtual law library

The respective provisions of this section shall also be observed if the insanity or imbecility occurs while
the convict is serving his sentence.chanrobles virtual law library

Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either sex, under sixteen
years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court,
after hearing the evidence in the proper proceedings, instead of pronouncing judgment of conviction,
shall suspend all further proceedings and shall commit such minor to the custody or care of a public or
private, benevolent or charitable institution, established under the law of the care, correction or
education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any
other responsible person in any other place subject to visitation and supervision by the Director of
Public Welfare or any of his agents or representatives, if there be any, or otherwise by the
superintendent of public schools or his representatives, subject to such conditions as are prescribed
hereinbelow until such minor shall have reached his majority age or for such less period as the court
may deem proper. chan robles virtual law library

The court, in committing said minor as provided above, shall take into consideration the religion of such
minor, his parents or next of kin, in order to avoid his commitment to any private institution not under
the control and supervision of the religious sect or denomination to which they belong.chanrobles
virtual law library

The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of
public schools or his representatives, or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often as required in special cases, a
written report on the good or bad conduct of said minor and the moral and intellectual progress made
by him.chanrobles virtual law library

The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the
superintendent of public schools or his representatives, according as to whether the conduct of such
minor has been good or not and whether he has complied with the conditions imposed upon him, or
not. The provisions of the first paragraph of this article shall not, however, be affected by those
contained herein.chanrobles virtual law library

If the minor has been committed to the custody or care of any of the institutions mentioned in the first
paragraph of this article, with the approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper to impose, such minor may be
allowed to stay elsewhere under the care of a responsible person.chanrobles virtual law library

If the minor has behaved properly and has complied with the conditions imposed upon him during his
confinement, in accordance with the provisions of this article, he shall be returned to the court in order
that the same may order his final release.chanrobles virtual law library

In case the minor fails to behave properly or to comply with the regulations of the institution to which
he has been committed or with the conditions imposed upon him when he was committed to the care of
a responsible person, or in case he should be found incorrigible or his continued stay in such institution
should be inadvisable, he shall be returned to the court in order that the same may render the judgment
corresponding to the crime committed by him.chanrobles virtual law library

The expenses for the maintenance of a minor delinquent confined in the institution to which he has
been committed, shall be borne totally or partially by his parents or relatives or those persons liable to
support him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or
relatives or those persons liable to support him have not been ordered to pay said expenses or are
found indigent and cannot pay said expenses, the municipality in which the offense was committed shall
pay one-third of said expenses; the province to which the municipality belongs shall pay one-third; and
the remaining one-third shall be borne by the National Government: Provided, however, That whenever
the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above
mentioned, such share which is not paid by said municipality shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot
pay said expenses, the internal revenue allotments which may be due to said city shall be withheld and
applied in settlement of said indebtedness in accordance with section five hundred and eighty-eight of
the Administrative Code.chanrobles virtual law library chan robles virtual law library

Section Two. — Execution of principal penalties.chanrobles virtual law library

Art. 81. When and how the death penalty is to be executed. — The death sentence shall be executed
with reference to any other and shall consist in putting the person under sentence to death by
electrocution. The death sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the person under sentence during
electrocution as well as during the proceedings prior to the execution.chanrobles virtual law library

If the person under sentence so desires, he shall be anaesthetized at the moment of the
electrocution.chanrobles virtual law library

Art. 82. Notification and execution of the sentence and assistance to the culprit. — The court shall
designate a working day for the execution but not the hour thereof; and such designation shall not be
communicated to the offender before sunrise of said day, and the execution shall not take place until
after the expiration of at least eight hours following the notification, but before sunset. During the
interval between the notification and the execution, the culprit shall, in so far as possible, be furnished
such assistance as he may request in order to be attended in his last moments by priests or ministers of
the religion he professes and to consult lawyers, as well as in order to make a will and confer with
members of his family or persons in charge of the management of his business, of the administration of
his property, or of the care of his descendants.chanrobles virtual law library

Art. 83. Suspension of the execution of the death sentence. — The death sentence shall not be inflicted
upon a woman within the three years next following the date of the sentence or while she is pregnant,
nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted
to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.chanrobles
virtual law library

Art. 84. Place of execution and persons who may witness the same.chanrobles virtual law library — The
execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be
witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not
exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment,
and by such persons as the Director of Prisons may authorize.chanrobles virtual law library

Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless claimed by his
family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the
execution, be turned over to the institute of learning or scientific research first applying for it, for the
purpose of study and investigation, provided that such institute shall take charge of the decent burial of
the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present thereat to the members of the family of the
culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to
death be held with pomp.chanrobles virtual law library chan robles virtual law library

Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor.
— The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor, shall be executed and served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in the future.chanrobles virtual law
library

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the radius therein specified, which shall be not more than
250 and not less than 25 kilometers from the place designated.chanrobles virtual law library

Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the
house of the defendant himself under the surveillance of an officer of the law, when the court so
provides in its decision, taking into consideration the health of the offender and other reasons which
may seem satisfactory to it.chanrobles virtual law library

Title Four

EXTINCTION OF CRIMINAL LIABILITY

Chapter One

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs before final judgment.chanrobles
virtual law library

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.chanrobles virtual law
library

Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal
shall prescribe in twenty years.chanrobles virtual law library

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.chanrobles virtual law
library

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five years.chanrobles virtual law library

The crime of libel or other similar offenses shall prescribe in one year.chanrobles virtual law library

The crime of oral defamation and slander by deed shall prescribe in six months.chanrobles virtual law
library

Light offenses prescribe in two months.chanrobles virtual law library chan robles virtual law library
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the
application of the rules contained in the first, second and third paragraphs of this article. (As amended
by RA 4661, approved June 19, 1966).

Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run
from the day on which the crime is discovered by the offended party, the authorities, or their agents,
and shall be interrupted by the filing of the complaint or information, and shall commence to run again
when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.chanrobles virtual law library

The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.chanrobles virtual law library

Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence prescribe as
follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which
prescribes in five years;

4. Light penalties, in one year.chanrobles virtual law library

Art. 93. Computation of the prescription of penalties. — The period of prescription of penalties shall
commence to run from the date when the culprit should evade the service of his sentence, and it shall
be interrupted if the defendant should give himself up, be captured, should go to some foreign country
with which this Government has no extradition treaty, or should commit another crime before the
expiration of the period of prescription.chanrobles virtual law library

Chapter Two

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his sentence.chanrobles
virtual law library

Art. 95. Obligation incurred by person granted conditional pardon.chanrobles virtual law library — Any
person who has been granted conditional pardon shall incur the obligation of complying strictly with the
conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall
result in the revocation of the pardon and the provisions of Article 159 shall be applied to
him.chanrobles virtual law library

Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of
a different length and nature shall have the legal effect of substituting the latter in the place of the
former.chanrobles virtual law library

Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each
month of good behavior;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of
eight days for each month of good behavior;

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior; and

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
fifteen days for each month of good behavior.chanrobles virtual law library chan robles virtual law
library
Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall
be granted to any prisoner who, having evaded the service of his sentence under the circumstances
mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said
article.chanrobles virtual law library

Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of Prisons shall grant
allowances for good conduct. Such allowances once granted shall not be revoked.chanrobles virtual law
library

Title Five

CIVIL LIABILITY

Chapter One

PERSON CIVILLY LIABLE FOR FELONIES

Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also
civilly liable.chanrobles virtual law library

Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal liability
established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code
does not include exemption from civil liability, which shall be enforced subject to the following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile
or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of
age, who has acted without discernment, shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or negligence on their part.chanrobles
virtual law library

Should there be no person having such insane, imbecile or minor under his authority, legal guardianship
or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own
property, excepting property exempt from execution, in accordance with the civil law.chanrobles virtual
law library
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has
been prevented shall be civilly liable in proportion to the benefit which they may have
received.chanrobles virtual law library

The courts shall determine, in sound discretion, the proportionate amount for which each one shall be
liable.chanrobles virtual law library

When the respective shares cannot be equitably determined, even approximately, or when the liability
also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events,
whenever the damages have been caused with the consent of the authorities or their agents,
indemnification shall be made in the manner prescribed by special laws or regulations.chanrobles virtual
law library

Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the
fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall
be liable, saving always to the latter that part of their property exempt from execution.chanrobles
virtual law library

Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. — In
default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or
corporations shall be civilly liable for crimes committed in their establishments, in all cases where a
violation of municipal ordinances or some general or special police regulation shall have been
committed by them or their employees.chanrobles virtual law library

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of the value thereof, provided that such guests
shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of
such goods within the inn; and shall furthermore have followed the directions which such innkeeper or
his representative may have given them with respect to the care and vigilance over such goods. No
liability shall attach in case of robbery with violence against or intimidation of persons unless committed
by the innkeeper's employees.chanrobles virtual law library chan robles virtual law library
Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind
of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.chanrobles virtual law library

Chapter Two

WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability. — The civil liability established in Articles 100, 101, 102, and
103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.chanrobles virtual law library

Art. 105. Restitution; How made. — The restitution of the thing itself must be made whenever possible,
with allowance for any deterioration, or diminution of value as determined by the court.chanrobles
virtual law library

The thing itself shall be restored, even though it be found in the possession of a third person who has
acquired it by lawful means, saving to the latter his action against the proper person, who may be liable
to him.chanrobles virtual law library

This provision is not applicable in cases in which the thing has been acquired by the third person in the
manner and under the requirements which, by law, bar an action for its recovery.chanrobles virtual law
library

Art. 106. Reparation; How made. — The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special sentimental value to the injured
party, and reparation shall be made accordingly.chanrobles virtual law library chan robles virtual law
library
Art. 107. Indemnification; What is included. — Indemnification for consequential damages shall include
not only those caused the injured party, but also those suffered by his family or by a third person by
reason of the crime.chanrobles virtual law library

Art. 108. Obligation to make restoration, reparation for damages, or indemnification for consequential
damages and actions to demand the same; Upon whom it devolves. — The obligation to make
restoration or reparation for damages and indemnification for consequential damages devolves upon
the heirs of the person liable.chanrobles virtual law library

The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the
person injured.chanrobles virtual law library

Art. 109. Share of each person civilly liable. — If there are two or more persons civilly liable for a felony,
the courts shall determine the amount for which each must respond.chanrobles virtual law library

Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony;
Preference in payment. — Notwithstanding the provisions of the next preceding article, the principals,
accomplices, and accessories, each within their respective class, shall be liable severally (in solidum)
among themselves for their quotas, and subsidiaries for those of the other persons liable.chanrobles
virtual law library

The subsidiary liability shall be enforced, first against the property of the principals; next, against that of
the accomplices, and, lastly, against that of the accessories.chanrobles virtual law library

Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom
payment has been made shall have a right of action against the others for the amount of their respective
shares.chanrobles virtual law library

Art. 111. Obligation to make restitution in certain cases. — Any person who has participated gratuitously
in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of
such participation.chanrobles virtual law library
Chapter Three

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

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

Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil liability as provided
in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting
from the crime committed by him, notwithstanding the fact that he has served his sentence consisting
of deprivation of liberty or other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence or any other reason.chanrobles virtual law library chan
robles virtual law library

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