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
THE CHAN ROBLES VIRTUAL LAW LIBRARY - QUICK GLANCE

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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. — Whenever a court has knowledge of any chanrobles virtual law library

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 librarychan 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 librarychan 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.
law library
chanrobles virtual

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.
library
chanrobles virtual law

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 librarychan 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.
library
chanrobles virtual law

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. — The penalty next lower in degree than
chanrobles virtual law library

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. — The penalty next lower in degree than chanrobles virtual law library

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. — The penalty next lower in degree than
chanrobles virtual law library

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. — The penalty lower by two degrees than
chanrobles virtual law library

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. — The penalty next lower in degree than that
chanrobles virtual law library

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. — The penalty lower by two degrees than
chanrobles virtual law library

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. — Those accessories falling within the chanrobles virtual law library

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 to be
imposed upon
Penalty to be
the principal in Penalty to be
imposed upon
an attempted imposed upon Penalty to be
the principal in
Penalty crime, the the accessory imposed
a frustrated
Prescribe accessory in in a frustrated upon the
crime, and
for the the crime, and the accessory in
accomplice in
crime consummated accomplices in an attempted
a
crime and the an attempted crime
consummated
accomplices in crime
crime
a frustrated
crime.
First Reclusion Reclusion Prision
Death Prision Mayor
Case Perpetua Temporal Correccional
Reclusion
Second Reclusion Prision Arresto
Perpetua to Prision Mayor
Case Temporal Correccional Mayor
Death
Arresto
Prision Prision
Reclusion Mayor in it s Fine
Mayor in its correccional in
Temporal in maximum and Arresto
maximum its maximum
Third its period Mayor in its
period period
Case maximum to prision minimum and
to reclusion to prision
period to correccional in medium
temporal in its mayor in its
death its medium periods
medium period medium period
period
Fourth Prision Prision Arresto Fine Fine.
Case Mayor in its correccional in mayor in its and Arresto
maximum its maximum maximum Mayor in its
 period period period
to reclusion to prision to prision minimum and
temporal in mayor in its correccional in medium
its medium medium its medium periods
period. period. period.

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 librarychan 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

Time
Time Time
included in Time
included in included in
Penalties the penalty included in
its minimum its medium
in its its maximum
period period
entirety
From 14
From 12 From 17
From 12 years, 8
years and 1 years, 4
years and 1 months and
Reclusion temporal day to 14 months and 1
day to 20 1 day to 17
years and 8 day to 20
years. years and 4
months. years.
months.
From 6 From 10
Prision mayor, absolute From 6 years From 8 years
years and 1 years and 1
disqualification and special and 1 day to and 1 day to
day to 12 day to 12
temporary disqualification 8 years. 10 years.
years. years.
From 2
From 6
From 6 years, 4 From 4 years,
Prision months and 1
months and months and 2 months and
correccional, suspension day to 2
1 day to 6 1 day to 4 1 day to 6
and destierro years and 4
years. years and 2 years.
months.
months.
From 1 From 2 From 4
month and From 1 to 2 months and months and 1
Arresto mayor
1 day to months. 1 day to 4 day to 6
months. months. months.
From 1 to From 1 to 10 From 11 to From 21 to 30
Arresto menor
30 days. days. 20 days. 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.
virtual law library
chanrobles

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. — The execution shall take place in the penitentiary
chanrobles virtual law library

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 librarychan 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 librarychan 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. — Any person who has been granted chanrobles virtual law library

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 librarychan 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 librarychan 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.
virtual law library
chanrobles

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 librarychan 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 librarychan robles virtual law library

Title 8 – Crimes Against Persons,

Book Two, Revised Penal Code
ByLegal Resource PHDecember 20, 2022

Chapter One: Destruction of Life

Section One. – Parricide, murder, homicide

Article 246. 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.

Article 247. Death or physical injuries inflicted under exceptional circumstances. – Any
legally married person who having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with
their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the
benefits of this article.

Article 248. 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, if committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,

derailment or assault upon a street car or locomotive, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

Article 249. 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.

Article 250. 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.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty
which under Article 51 should be imposed for an attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. – When, while several persons, not
composing groups organized for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the
course of the affray someone is killed, and it cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the
penalty of prision correccional in its medium and maximum periods shall be imposed upon
all those who shall have used violence upon the person of the victim.

Article 252. Physical injuries inflicted in a tumultuous affray. – When in a tumultuous affray
as referred to in the preceding article, only serious physical injuries are inflicted upon the
participants thereof and the person responsible thereof cannot be identified, all those who
appear to have used violence upon the person of the offended party shall suffer the penalty
next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible
therefor cannot be identified, all those who appear to have used any violence upon the person
of the offended party shall be punished by arresto mayor from five to fifteen days.

Article 253. 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.

However, if the suicide is not consummated, the penalty of arresto mayor in its medium and
maximum periods, shall be imposed.

Article 254. Discharge of firearms. – Any person who shall shoot at another with any firearm
shall suffer the penalty of prision correccional in its minimum and medium periods, unless
the facts of the case are such that the act can be held to constitute frustrated or attempted
parricide, murder, homicide or any other crime for which a higher penalty is prescribed by
any of the articles of this Code.

Section Two. – Infanticide and abortion.

Article 255. 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.

Article 256. 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.
Article 257. Unintentional abortion. – The penalty of prision correccional in its minimum and
medium period shall be imposed upon any person who shall cause an abortion by violence,
but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. – The penalty of
prision correccional in its medium and maximum periods shall be imposed upon a woman
who shall practice abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they
act with the consent of said woman for the purpose of concealing her dishonor, the offenders
shall suffer the penalty of prision correccional in its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. – The
penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon
any physician or midwife who, taking advantage of their scientific knowledge or skill, shall
cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician shall dispense any
abortive shall suffer arresto mayor and a fine not exceeding One hundred thousand pesos
(₱100,000). (As amended by R.A. 10951)

Section Three. – Duel

Article 260. Responsibility of participants in a duel. – The penalty of reclusion temporal shall
be imposed upon any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided
therefor, according to their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no
physical injuries have been inflicted.

The seconds shall in all events be punished as accomplices.

Article 261. Challenging to a duel. – The penalty of prision correccional in its minimum
period shall be imposed upon any person who shall challenge another, or incite another to
give or accept a challenge to a duel, or shall scoff at or decry another publicly for having
refused to accept a challenge to fight a duel.

Chapter Two: Physical Injuries

Article 262. 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.
Any other intentional mutilation shall be punished by prision mayor in its medium and
maximum periods.

Article 263. Serious physical injuries. – Any person who shall wound, beat, or assault
another, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence
of the physical injuries inflicted, the person injured shall have lost the use of speech or the
power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall
have lost the use of any such member, or shall have become incapacitated for the work in
which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence
of the physical injuries inflicted, the person injured shall have become deformed, or shall
have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as habitually engaged for a period
of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of
the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article
246, or with attendance of any of the circumstances mentioned in Article 248, the case
covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its
medium and maximum periods; the case covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor in its minimum period; the case covered
by subdivision number 3 by prision correccional in its medium and maximum periods; and
the case covered by subdivision number 4 by prision correccional in its minimum and
medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict
physical injuries upon his child by excessive chastisement.

Article 264. Administering injurious substances or beverages. – The penalties established by

the next preceding article shall be applicable in the respective case to any person who,
without intent to kill, shall inflict upon another any serious, physical injury, by knowingly
administering to him any injurious substance or beverages or by taking advantage of his
weakness of mind or credulity.

Art. 265. Less serious physical injuries. – Any person who shall inflict upon another physical
injuries not described in the preceding articles, but which shall incapacitate the offended
party for labor for ten (10) days or more, or shall require medical assistance for the same
period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto
mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to
insult or offend the injured person, or under circumstances adding ignominy to the offense, in
addition to the penalty of arresto mayor, a fine not exceeding Fifty thousand pesos (₱50,000)
shall be imposed.

Any less serious physical injuries inflicted upon the offender’s parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by
prisión correccional in its minimum and medium periods: Provided, That in the case of
persons in authority, the deed does not constitute the crime of assault upon such persons. (As
amended by R.A. 10951)

Art. 266. Slight physical injuries and maltreatment. – The crime of slight physical injuries
shall be punished:

1. By arresto mayor when the offender has inflicted physical injuries which shall incapacitate
the offended party for labor from one (1) days to nine (9) days, or shall require medical
attendance during the same period.

2. By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure
when the offender has caused physical injuries which do not prevent the offended party from
engaging in his habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos
(₱5,000) when the offender shall ill-treat another by deed without causing any injury. (As
amended by R.A. 10951)

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