act no 3815 revised penal code
TRANSCRIPT
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T No. 3815 (December 8, 1930)
AN ACT REVISING THE PENAL CODE AND
OTHER PENAL LAWS
liminary Article - This law shall be known as "The
vised Penal Code."
OK ONE
NERAL PROVISIONS REGARDING THE
TE OF ENFORCEMENT AND APPLICATION
THE PROVISIONS OF THIS CODE, ANDGARDING THE OFFENSES, THE PERSONS
ABLE AND THE PENALTIES
liminary Title
TE OF EFFECTIVENESS AND APPLICATION
THE PROVISIONS OF THIS CODE
ticle 1.Time when Act takes effect. - This Code shalle effect on the first day of January, nineteen hundred
thirty-two.
ticle 2.Application of its provisions. - Except as
vided in the treaties and laws of preferentiallication, the provisions of this Code shall be enforced
only within the Philippine Archipelago, including its
mosphere, its interior waters and maritime zone, buto 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 orobligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations
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and securities mentioned in the presiding
number;
4. While being public officers or employees,
should commit an offense in the exercise of theirfunctions; 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.
le One
LONIES AND CIRCUMSTANCES WHICH
FECT CRIMINAL LIABILITY
apter One
LONIES
ticle 3.Definitions. - Acts and omissions punishable
law are felonies (delitos).
onies are committed not only be means of deceit
lo) but also by means of fault (culpa).
ere is deceit when the act is performed with deliberate
ent and there is fault when the wrongful act resultsm imprudence, negligence, lack of foresight, or lack
kill.
ticle 4.Criminal liability. - Criminal liability shall be
urred:
1. By any person committing a felony (delito)
although the wrongful act done be different fromthat which he intended.
2. By any person performing an act which wouldbe an offense against persons or property, were it
not for the inherent impossibility of itsaccomplishment or an account of the
employment of inadequate or ineffectual means.
ticle 5.Duty of the court in connection with acts
ch should be repressed but which are not covered by
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law, and in cases of excessive penalties. - Whenever
ourt has knowledge of any act which it may deem
per to repress and which is not punishable by law, itll render the proper decision, and shall report to the
ef Executive, through the Department of Justice, thesons which induce the court to believe that said act
uld be made the subject of legislation.
he same way, the court shall submit to the Chief
ecutive, through the Department of Justice, such
ement as may be deemed proper, without suspendingexecution of the sentence, when a strict enforcement
he provisions of this Code would result in the
position of a clearly excessive penalty, taking into
sideration the degree of malice and the injury caused
the offense.
ticle 6.Consummated, frustrated, and attempted
onies. - Consummated felonies as well as those which
frustrated and attempted, are punishable.
elony is consummated when all the elements
essary for its execution and accomplishment are
sent; and it is frustrated when the offender performsthe acts of execution which would produce the felony
a consequence but which, nevertheless, do not
duce it by reason of causes independent of the will ofperpetrator.
ere is an attempt when the offender commences the
mmission of a felony directly or over acts, and does
perform all the acts of execution which should
duce the felony by reason of some cause or accidenter than this own spontaneous desistance.
ticle 7.When light felonies are punishable. - Light
onies are punishable only when they have been
summated, with the exception of those committedinst person or property.
ticle 8.Conspiracy and proposal to commit felony. -
nspiracy and proposal to commit felony arenishable only in the cases in which the law specially
vides a penalty therefor.
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onspiracy exists when two or more persons come to
agreement concerning the commission of a felony and
ide to commit it.
ere is proposal when the person who has decided tommit a felony proposes its execution to some other
son or persons.
ticle 9.Grave felonies, less grave felonies and light
onies. - Grave felonies are those to which the lawches the capital punishment or penalties which in any
heir periods are afflictive, in accordance with Art. 25
his Code.
s grave felonies are those which the law punishes
h penalties which in their maximum period arerectional, in accordance with the above-mentioned
..
ht felonies are those infractions of law for the
mmission of which a penalty of arrest menor or a fine
exceeding 200 pesos or both; is provided.
ticle 10.Offenses not subject to the provisions of thisde. - Offenses which are or in the future may be
nishable under special laws are not subject to the
visions of this Code. This Code shall beplementary to such laws, unless the latter shouldcially provide the contrary.
apter Two
STIFYING CIRCUMSTANCES AND
RCUMSTANCES WHICH EXEMPT FROM
RIMINAL LIABILITY
ticle 11.Justifying circumstances. - The following do
incur any criminal liability:
1. Anyone who acts in defense of his person orrights, provided that the following circumstances
concur;
First. Unlawful aggression.
Second. Reasonable necessity of the
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means employed to prevent or repel it.
Third. Lack of sufficient provocation on
the part of the person defending himself.
2. Any one who acts in defense of the person orrights 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 civildegree, provided that the first and second
requisites prescribed in the next preceding
circumstance are present, and the furtherrequisite, in case the revocation was given by the
person attacked, that the one making defense had
no part therein.
3. Anyone who acts in defense of the person orrights of a stranger, provided that the first and
second requisites mentioned in the first
circumstance of this Article are present and thatthe person defending be not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid an evil or
injury, does not act which causes damage to
another, provided that the following requisitesare 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.
5. Any person who acts in the fulfillment of aduty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
ticle 12.Circumstances which exempt from criminal
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bility. - the following are exempt from criminal
ility:
1. An imbecile or an insane person, unless the
latter has acted during a lucid interval.
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 asylumsestablished for persons thus afflicted, which he
shall not be permitted to leave without first
obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under
fifteen, unless he has acted with discernment, in
which case, such minor shall be proceededagainst in accordance with the provisions of Art.
80 of this Code.
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with theprovisions of this and the preceding paragraph,
shall commit him to the care and custody of his
family who shall be charged with his surveillanceand education otherwise, he shall be committedto the care of some institution or person
mentioned in said Art. 80.
4. Any person who, while performing a lawfulact with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of
irresistible force.
6. Any person who acts under the impulse of anuncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act
required by law, when prevented by some lawful
insuperable cause.
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apter Three
RCUMSTANCES WHICH MITIGATE
RIMINAL LIABILITY
ticle 13.Mitigating circumstances. - The followingmitigating circumstances;
1. Those mentioned in the preceding chapter,
when all the requisites necessary to justify or to
exempt from criminal liability in the respectivecases are not attendant.
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.
3. That the offender had no intention to commit
so grave a wrong as that committed.
4. That sufficient provocation or threat on thepart of the offended party immediately preceded
the act.
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.
6. That of having acted upon an impulse sopowerful as naturally to have produced passion
or obfuscation.
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, orthat he had voluntarily confessed his guilt before
the court prior to the presentation of the evidencefor 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.
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9. Such illness of the offender as would diminish
the exercise of the will-power of the offender
without however depriving him of theconsciousness of his acts.
10. And, finally, any other circumstances of a
similar nature and analogous to those above
mentioned.
apter Four
RCUMSTANCE WHICH AGGRAVATE
RIMINAL LIABILITY
ticle 14.Aggravating circumstances. - The following
aggravating circumstances:
1. That advantage be taken by the offender of his
public position.
2. That the crime be committed in contempt or
with insult to the public authorities.
3. That the act be committed with insult or indisregard 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.
4. That the act be committed with abuse of
confidence or obvious ungratefulness.
5. That the crime be committed in the palace ofthe 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.
6. That the crime be committed in the night time,or in an uninhabited place, or by a band,
whenever such circumstances may facilitate thecommission of the offense.
Whenever more than three armed malefactors
shall have acted together in the commission of an
offense, it shall be deemed to have been
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committed by a band.
7. That the crime be committed on the occasion
of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of
armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial forone crime, shall have been previously convicted
by final judgment of another crime embraced in
the same title of this Code.
10. That the offender has been previouslypunished 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.
11. That the crime be committed in considerationof a price, reward, or promise.
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of avessel or international damage thereto,
derailment of a locomotive, or by the use of any
other artifice involving great waste and ruin.
13. That the act be committed with evidencepremeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength,
or means be employed to weaken the defense.
16. That the act be committed with treachery(alevosia).
There is treachery when the offender commits
any of the crimes against the person, employing
means, methods, or forms in the execution
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thereof which tend directly and specially to
insure its execution, without risk to himself
arising from the defense which the offendedparty might make.
17. That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act.
18. That the crime be committed after anunlawful entry.
There is an unlawful entry when an entrance of a
crime a wall, roof, floor, door, or window be
broken.
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, orother 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.
apter Five
TERNATIVE CIRCUMSTANCES
ticle 15.Their concept. - Alternative circumstances
those which must be taken into consideration as
ravating or mitigating according to the nature andects of the crime and the other conditions attending its
mmission. They are the relationship, intoxication and
degree of instruction and education of the offender.
e alternative circumstance of relationship shall been into consideration when the offended party in the
use, ascendant, descendant, legitimate, natural, orpted brother or sister, or relative by affinity in theme degrees of the offender.
e intoxication of the offender shall be taken into
sideration as a mitigating circumstances when the
ender has committed a felony in a state ofoxication, if the same is not habitual or subsequent to
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plan to commit said felony but when the intoxication
abitual or intentional, it shall be considered as an
ravating circumstance.
le Two
RSONS CRIMINALLY LIABLE FOR
LONIES
ticle 16.Who are criminally liable. - The following
criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
e following are criminally liable for light felonies:
1. Principals
2. Accomplices.
ticle 17.Principals. - The following are consideredncipals:
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.
ticle 18.Accomplices. - Accomplices are thosesons who, not being included in Article 17, cooperate
he execution of the offense by previous or
ultaneous acts.
ticle 19.Accessories. - Accessories are those who,ing knowledge of the commission of the crime, and
hout having participated therein, either as principals
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accomplices, take part subsequent to its commission
any of the following manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the crime.
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in theescape 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 isknown to be habitually guilty of some other
crime.
ticle 20.Accessories who are exempt from criminalbility. - The penalties prescribed for accessories shall
be imposed upon those who are such with respect to
r spouses, ascendants, descendants, legitimate,ural, and adopted brothers and sisters, or relatives by
nity within the same degrees, with the single
eption of accessories falling within the provisions of
agraph 1 of the next preceding article.
le Three
E N A L T I E S
apter One
NALTIES IN GENERAL
ticle 21.Penalties that may be imposed. - No felonyll be punishable by any penalty not prescribed by law
or to its commission.
ticle 22.Retroactive effect of penal laws. - Penalws shall have a retroactive effect insofar as they favor
persons guilty of a felony, who is not a habitual
minal, as this term is defined in Rule 5 of Article 62
his Code, although at the time of the publication ofh laws a final sentence has been pronounced and the
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vict is serving the same.
ticle 23.Effect of pardon by the offended party. - A
don of the offended party does not extinguish
minal action except as provided in Article 344 of thisde; but civil liability with regard to the interest of the
ured party is extinguished by his express waiver.
ticle 24.Measures of prevention or safety which are
considered penalties. - The following shall not besidered 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.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for thepurposes specified therein.
3. Suspension from the employment of public
office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in
the exercise of their administrative disciplinarypowers, superior officials may impose upon their
subordinates.
5. Deprivation of rights and the reparationswhich the civil laws may establish in penal form.
apter Two
ASSIFICATION OF PENALTIES
ticle 25.Penalties which may be imposed. - The
alties which may be imposed according to this Code,their different classes, are those included in the
owing:
le
ncipal Penalties
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Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,Perpetual or temporary absolute
disqualification,
Perpetual or temporary specialdisqualification,
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 andproceeds of the offense,
Payment of costs.
ticle 26.When afflictive, correctional, or light
alty. - A fine, whether imposed as a single of as an
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rnative penalty, shall be considered an afflictive
alty, if it exceeds 6,000 pesos; a correctional penalty,
does not exceed 6,000 pesos but is not less than 200os; and a light penalty if it less than 200 pesos.
apter Three
RATION AND EFFECTS OF PENALTIES
tion One. -Duration of Penalties
ticle 27.Reclusion perpetua. - Any person sentencedany of the perpetual penalties shall be pardoned after
dergoing the penalty for thirty years, unless such
son by reason of his conduct or some other serious
se shall be considered by the Chief Executive as
worthy of pardon.
clusion temporal. - The penalty of reclusion temporal
ll be from twelve years and one day to twenty years.
sion mayor and temporary disqualification. - Theation of the penalties of prision mayor and temporary
qualification shall be from six years and one day to
lve years, except when the penalty of disqualificationmposed as an accessory penalty, in which case its
ation shall be that of the principal penalty.
sion correccional, suspension, and destierro. - The
ation of the penalties of prision correccional,pension and destierro shall be from six months and
day to six years, except when suspension is imposed
an accessory penalty, in which case, its duration shallthat of the principal penalty.
esto mayor. - The duration of the penalty ofarresto
yorshall be from one month and one day to six
nths.
esto menor. - The duration of the penalty ofarrestonorshall be from one day to thirty days.
nd to keep the peace. - The bond to keep the peace
ll be required to cover such period of time as the
rt may determine.
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ticle 28.Computation of penalties. - If the offender
ll be in prison, the term of the duration of the
mporary penalties shall be computed from the day onich the judgment of conviction shall have become
al.
he offender be not in prison, the term of the duration
he penalty consisting of deprivation of liberty shallcomputed from the day that the offender is placed at
disposal of the judicial authorities for the
orcement of the penalty. The duration of the otheralties shall be computed only from the day on which
defendant commences to serve his sentence.
ticle 29.Period of preventive imprisonment deducted
m term of imprisonment. - Offenders who havedergone preventive imprisonment shall be credited in
service of their sentence consisting of deprivation of
erty, with the full time during which they have
dergone preventive imprisonment, if the detentionsoner agrees voluntarily in writing to abide by the
me disciplinary rules imposed upon convicted
soners, 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 executionof their sentence they have failed to surrender
voluntarily.
he detention prisoner does not agree to abide by the
me disciplinary rules imposed upon convictedsoners, he shall be credited in the service of his
tence with four-fifths of the time during which he has
dergone preventive imprisonment. (As amended by
public Act 6127, June 17, 1970).
enever an accused has undergone preventive
prisonment for a period equal to or more than the
sible maximum imprisonment of the offense chargedwhich he may be sentenced and his case is not yet
minated, he shall be released immediately without
judice to the continuation of the trial thereof or the
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ceeding on appeal, if the same is under review. In
e the maximum penalty to which the accused may be
tenced is destierro, he shall be released after thirty) days of preventive imprisonment. (As amended by
O. No. 214, July 10, 1988).
tion Two. -Effects of the penalties according to
ir respective nature
ticle 30.Effects of the penalties of perpetual orporary absolute disqualification. - The penalties of
petual or temporary absolute disqualification for
blic office shall produce the following effects:
1. The deprivation of the public offices and
employments which the offender >may have heldeven if conferred by popular election.
2. The deprivation of the right to vote in anyelection for any popular office or to be elected to
such office.
3. The disqualification for the offices or public
employments and for the exercise of any of therights mentioned.
In case of temporary disqualification, suchdisqualification as is comprised in paragraphs 2
and 3 of this article shall last during the term ofthe sentence.
4. The loss of all rights to retirement pay or other
pension for any office formerly held.
ticle 31.Effect of the penalties of perpetual or
porary special disqualification. - The penalties ofpetual or temporal special disqualification for public
ce, profession or calling shall produce the followingects:
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
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term of the sentence according to the extent of
such disqualification.
ticle 32.Effect of the penalties of perpetual or
porary special disqualification for the exercise of theht of suffrage. - The perpetual or temporary special
qualification for the exercise of the right of suffrage
ll deprive the offender perpetually or during the termhe sentence, according to the nature of said penalty,
he right to vote in any popular election for any public
ce or to be elected to such office. Moreover, theender shall not be permitted to hold any public office
ing the period of his disqualification.
ticle 33.Effects of the penalties of suspension from
public office, profession or calling, or the right offrage. - The suspension from public office, profession
calling, and the exercise of the right of suffrage shall
qualify the offender from holding such office or
rcising such profession or calling or right of suffrageing the term of the sentence.
e person suspended from holding public office shall
hold another having similar functions during theiod of his suspension.
ticle 34.Civil interdiction. - Civil interdiction shallrive the offender during the time of his sentence of
rights of parental authority, or guardianship, either ashe person or property of any ward, of marital
hority, of the right to manage his property and of the
ht to dispose of such property by any act or any
veyance inter vivos.
ticle 35.Effects of bond to keep the peace. - It shall be
duty of any person sentenced to give bond to keep
peace, to present two sufficient sureties who shall
dertake that such person will not commit the offenseght to be prevented, and that in case such offense be
mmitted they will pay the amount determined by the
rt in the judgment, or otherwise to deposit suchount in the office of the clerk of the court to guarantee
d undertaking.
e court shall determine, according to its discretion, the
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iod of duration of the bond.
ould the person sentenced fail to give the bond as
uired he shall be detained for a period which shall in
case exceed six months, is he shall have beensecuted for a grave or less grave felony, and shall not
eed thirty days, if for a light felony.
ticle 36.Pardon; its effect. - A pardon shall not work
restoration of the right to hold public office, or theht of suffrage, unless such rights be expressly restored
the terms of the pardon.
ardon shall in no case exempt the culprit from the
ment of the civil indemnity imposed upon him by the
tence.
ticle 37.Cost; What are included. - Costs shall
lude fees and indemnities in the course of the judicialceedings, whether they be fixed or unalterable
ounts previously determined by law or regulations in
ce, or amounts not subject to schedule.
ticle 38.Pecuniary liabilities; Order of payment. - Ine the property of the offender should not be sufficient
the payment of all his pecuniary liabilities, the same
ll be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
ticle 39.Subsidiary penalty. - If the convict has no
perty with which to meet the fine mentioned in theagraph 3 of the nest preceding article, he shall beject to a subsidiary personal liability at the rate of one
for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prisioncorreccional or arresto and fine, he shall remain
under confinement until his fine referred to in the
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preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no caseshall it continue for more than one year, and no
fraction or part of a day shall be counted againstthe prisoner.
2. When the principal penalty imposed be only afine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, andshall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than
prision correccional, no subsidiary imprisonment
shall be imposed upon the culprit.
4. If the principal penalty imposed is not to beexecuted by confinement in a penal institution,
but such penalty is of fixed duration, the convict,
during the period of time established in thepreceding rules, shall continue to suffer the same
deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the
convict may have suffered by reason of hisinsolvency shall not relieve him, from the fine in
case his financial circumstances should improve.(As amended by RA 5465, April 21, 1969).
tion Three. -Penalties in which other accessory
alties are inherent
ticle 40.Death; Its accessory penalties. - The death
alty, when it is not executed by reason ofmmutation or pardon shall carry with it that of
petual absolute disqualification and that of civilerdiction during thirty years following the datetence, unless such accessory penalties have been
ressly remitted in the pardon.
ticle 41.Reclusion perpetua and reclusion temporal;
eir accessory penalties. - The penalties of reclusionpetua and reclusion temporal shall carry with them
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t of civil interdiction for life or during the period of
sentence as the case may be, and that of perpetual
olute disqualification which the offender shall suffern though pardoned as to the principal penalty, unless
same shall have been expressly remitted in thedon.
ticle 42.Prision mayor; Its accessory penalties. - Thealty of prision mayor, shall carry with it that of
mporary absolute disqualification and that of perpetual
cial disqualification from the right of suffrage whichoffender shall suffer although pardoned as to the
ncipal penalty, unless the same shall have been
ressly remitted in the pardon.
ticle 43.Prision correccional; Its accessoryalties. - The penalty of prision correccional shall
ry with it that of suspension from public office, from
right to follow a profession or calling, and that of
petual special disqualification from the right offrage, if the duration of said imprisonment shall
eed eighteen months. The offender shall suffer the
qualification provided in the article althoughdoned as to the principal penalty, unless the same
ll have been expressly remitted in the pardon.
ticle 44.Arresto; Its accessory penalties. - Thealty of arresto shall carry with it that of suspension ofright too hold office and the right of suffrage during
term of the sentence.
ticle 45.Confiscation and forfeiture of the proceeds
nstruments of the crime. - Every penalty imposed forcommission of a felony shall carry with it the
feiture of the proceeds of the crime and the
ruments or tools with which it was committed.
ch proceeds and instruments or tools shall befiscated and forfeited in favor of the Government,
ess they be property of a third person not liable for
offense, but those articles which are not subject offul commerce shall be destroyed.
apter Four
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PLICATION OF PENALTIES
tion One. -Rules for the application of penalties to
persons criminally liable and for the graduation of
same.
ticle 46.Penalty to be imposed upon principals ineral. - The penalty prescribed by law for the
mmission of a felony shall be imposed upon the
ncipals in the commission of such felony.
enever the law prescribes a penalty for a felony is
eral terms, it shall be understood as applicable to the
summated felony.
ticle 47.In what cases the death penalty shall not beposed. - The death penalty shall be imposed in all
es in which it must be imposed under existing laws,
ept in the following cases:
1. When the guilty person be more than seventyyears of age.
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 theimposition of said penalty or for the confirmation
of a judgment of the inferior court imposing thedeath sentence, the Supreme Court shall render
its decision per curiam, which shall be signed by
all justices of said court, unless some member ormembers 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.
ticle 48.Penalty for complex crimes. - When a singleconstitutes two or more grave or less grave felonies,
when an offense is a necessary means for committing
other, the penalty for the most serious crime shall beposed, the same to be applied in its maximum period.
ticle 49.Penalty to be imposed upon the principals
en the crime committed is different from that
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ended. - In cases in which the felony committed is
ferent from that which the offender intended to
mmit, the following rules shall be observed:
1. If the penalty prescribed for the felonycommitted be higher than that corresponding to
the offense which the accused intended to
commit, the penalty corresponding to the lattershall be imposed in its maximum period.
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.
3. The rule established by the next preceding
paragraph shall not be applicable if the actscommitted by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty foreither of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its maximumperiod.
ticle 50.Penalty to be imposed upon principals of astrated crime. - The penalty next lower in degree than
t prescribed by law for the consummated felony shallmposed upon the principal in a frustrated felony.
ticle 51.Penalty to be imposed upon principals of
empted crimes. - A penalty lower by two degrees than
t prescribed by law for the consummated felony shallmposed upon the principals in an attempt to commit
elony.
ticle 52.Penalty to be imposed upon accomplices insummated crime. - The penalty next lower in degreen that prescribed by law for the consummated shall be
posed upon the accomplices in the commission of a
summated felony.
ticle 53.Penalty to be imposed upon accessories tocommission of a consummated felony. - The penalty
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wer by two degrees than that prescribed by law for the
summated felony shall be imposed upon the
essories to the commission of a consummated felony.
ticle 54.Penalty to imposed upon accomplices in astrated crime. - The penalty next lower in degree than
scribed by law for the frustrated felony shall be
posed upon the accomplices in the commission of astrated felony.
ticle 55.Penalty to be imposed upon accessories of a
strated crime. - The penalty lower by two degrees
n that prescribed by law for the frustrated felony shallmposed upon the accessories to the commission of a
strated felony.
ticle 56.Penalty to be imposed upon accomplices in
attempted crime. - The penalty next lower in degreen that prescribed by law for an attempt to commit a
ony shall be imposed upon the accomplices in an
mpt to commit the felony.
ticle 57.Penalty to be imposed upon accessories ofattempted crime. - The penalty lower by two degrees
n that prescribed by law for the attempted felony shall
mposed upon the accessories to the attempt to
mmit a felony.
ticle 58.Additional penalty to be imposed upon
tain accessories. - Those accessories falling within
terms of paragraphs 3 of Article 19 of this Code whould act with abuse of their public functions, shall
fer the additional penalty of absolute perpetual
qualification if the principal offender shall be guiltya grave felony, and that of absolute temporary
qualification if he shall be guilty of a less grave
ony.
ticle 59.Penalty to be imposed in case of failure tommit the crime because the means employed or the
s sought are impossible. - When the person intending
ommit an offense has already performed the acts forexecution of the same but nevertheless the crime was
produced by reason of the fact that the act intended
s by its nature one of impossible accomplishment or
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ause the means employed by such person are
entially inadequate to produce the result desired by
m, the court, having in mind the social danger and theree of criminality shown by the offender, shall
pose upon him the penalty ofarresto mayoror a finem 200 to 500 pesos.
ticle 60.Exception to the rules established in Articlesto 57. - The provisions contained in Articles 50 to 57,
lusive, of this Code shall not be applicable to cases in
ich the law expressly prescribes the penalty provideda frustrated or attempted felony, or to be imposed
n accomplices or accessories.
ticle 61.Rules for graduating penalties. - For the
pose of graduating the penalties which, according toprovisions of Articles 50 to 57, inclusive, of this
de, are to be imposed upon persons guilty as
ncipals of any frustrated or attempted felony, or as
omplices or accessories, the following rules shall beerved:
1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower indegrees shall be that immediately following that
indivisible penalty in the respective graduated
scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime iscomposed 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 thepenalties prescribed in the respective graduated
scale.
3. When the penalty prescribed for the crime is
composed of one or two indivisible penalties andthe maximum period of another divisible penalty,
the penalty next lower in degree shall be
composed of the medium and minimum periodsof the proper divisible penalty and the maximum
periods of the proper divisible penalty and the
maximum period of that immediately following
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in said respective graduated scale.
4. when the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty nextlower in degree shall be composed of the period
immediately following the minimum prescribed
and of the two next following, which shall betaken from the penalty prescribed, if possible;
otherwise from the penalty immediately
following in the above mentioned respectivegraduated scale.
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 byanalogy, 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.
TABULATION OF THE PROVISIONS OF
THE CHAPTER
PenaltyPrescribe for
the crime
Penalty to be
imposed upon theprincipal in a
frustrated crime, and
accomplice in aconsummated crime
First
CaseDeath Reclusion Perpetua
Second
Case
Reclusion
Perpetua to
Death
Reclusion Temporal
Third
Case
ReclusionTemporal in its
maximum
period to death
Prision Mayor in itsmaximum period to
reclusion temporal in
its medium period
Fourth
Case
Prision Mayor
in its maximum
Prision correccional
in its maximum
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period to
reclusion
temporal in itsmedium period.
period to prision
mayor in its medium
period.
Section Two. - Rules for the application ofpenalties with regard to the mitigating and
aggravating circumstances, and habitual
delinquency.
ticle 62.Effect of the attendance of mitigating orgravating circumstances and of habitual delinquency.
Mitigating or aggravating circumstances and habitual
nquency shall be taken into account for the purposediminishing or increasing the penalty in conformity
h the following rules:
1. Aggravating circumstances which in
themselves constitute a crime speciallypunishable 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.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessityaccompany the commission thereof.
3. Aggravating or mitigating circumstances
which arise from the moral attributes of the
offender, or from his private relations with theoffended 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 areattendant.
4. The circumstances which consist in the
material execution of the act, or in the meansemployed 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
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cooperation therein.
5. Habitual delinquency shall have the following
effects:
(a) Upon a third conviction the culpritshall 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 andmaximum 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 ofprision 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 theadditional penalty of prision mayor in its
maximum period to reclusion temporal in
its minimum period.
twithstanding the provisions of this article, the total oftwo penalties to be imposed upon the offender, in
formity herewith, shall in no case exceed 30 years.
the purpose of this article, a person shall be deemedbe habitual delinquent, is within a period of ten years
m the date of his release or last conviction of the
mes of serious or less serious physical injuries, robo,
to, estafa or falsification, he is found guilty of any ofd crimes a third time or oftener.
ticle 63.Rules for the application of indivisible
alties. - In all cases in which the law prescribes a
gle indivisible penalty, it shall be applied by therts regardless of any mitigating or aggravating
cumstances that may have attended the commission of
deed.
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3. When an aggravating circumstance is present
in the commission of the act, they shall impose
the penalty in its maximum period.
4. When both mitigating and aggravatingcircumstances are present, the court shall
reasonably offset those of one class against the
other according to their relative weight.
5. When there are two or more mitigatingcircumstances and no aggravating circumstances
are present, the court shall impose the penalty
next lower to that prescribed by law, in theperiod that it may deem applicable, according to
the number and nature of such circumstances.
6. Whatever may be the number and nature of the
aggravating circumstances, the courts shall notimpose a greater penalty than that prescribed by
law, in its maximum period.
7. Within the limits of each period, the court
shall determine the extent of the penaltyaccording to the number and nature of the
aggravating and mitigating circumstances and the
greater and lesser extent of the evil produced by
the crime.
ticle 65.Rule in cases in which the penalty is not
mposed of three periods. - In cases in which the
alty prescribed by law is not composed of threeiods, the courts shall apply the rules contained in the
egoing articles, dividing into three equal portions of
e included in the penalty prescribed, and forming oneiod of each of the three portions.
ticle 66.Imposition of fines. - In imposing fines the
rts may fix any amount within the limits establishedlaw; in fixing the amount in each case attention shallgiven, not only to the mitigating and aggravating
cumstances, but more particularly to the wealth or
ans of the culprit.
ticle 67.Penalty to be imposed when not all theuisites of exemption of the fourth circumstance of
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icle 12 are present. - When all the conditions required
ircumstances Number 4 of Article 12 of this Code to
mpt from criminal liability are not present, thealty ofarresto mayorin its maximum period to
sion correccional in its minimum period shall beposed upon the culprit if he shall have been guilty of a
ve felony, and arresto mayorin its minimum anddium periods, if of a less grave felony.
ticle 68.Penalty to be imposed upon a person under
hteen years of age. - When the offender is a minorder eighteen years and his case is one coming under
provisions of the paragraphs next to the last of
icle 80 of this Code, the following rules shall be
erved:
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 penaltyshall be imposed, but always lower by two
degrees at least than that prescribed by law for
the crime which he committed.
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 alwaysin the proper period.
ticle 69.Penalty to be imposed when the crime
mmitted is not wholly excusable. - A penalty lower by
or two degrees than that prescribed by law shall be
posed if the deed is not wholly excusable by reason oflack of some of the conditions required to justify the
me or to exempt from criminal liability in the several
es mentioned in Article 11 and 12, provided that theority of such conditions be present. The courts shall
pose the penalty in the period which may be deemed
per, in view of the number and nature of theditions of exemption present or lacking.
ticle 70.Successive service of sentence. - When the
prit has to serve two or more penalties, he shall serve
m simultaneously if the nature of the penalties will so
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mit otherwise, the following rules shall be observed:
he imposition of the penalties, the order of their
pective severity shall be followed so that they may be
cuted successively or as nearly as may be possible,uld a pardon have been granted as to the penalty or
alties first imposed, or should they have been served
the purpose of applying the provisions of the nextceding paragraph the respective severity of the
alties shall be determined in accordance with the
owing scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
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.
twithstanding the provisions of the rule next
ceding, the maximum duration of the convict's
tence shall not be more than three-fold the length ofe corresponding to the most severe of the penalties
posed upon him. No other penalty to which he may be
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le shall be inflicted after the sum total of those
posed equals the same maximum period.
ch maximum period shall in no case exceed forty
rs.
applying the provisions of this rule the duration of
petual penalties (pena perpetua) shall be computed at
ty years. (As amended).
ticle 71.Graduated scales. - In the case in which theprescribed a penalty lower or higher by one or more
rees than another given penalty, the rules prescribed
Article 61 shall be observed in graduating such
alty.
e lower or higher penalty shall be taken from the
duated scale in which is comprised the given penalty.
e courts, in applying such lower or higher penalty,
ll 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.
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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 tofollow a profession or calling,
4. Public censure,
5. Fine.
ticle 72Preference in the payment of the civil
bilities. - The civil liabilities of a person found guiltywo or more offenses shall be satisfied by following
chronological order of the dates of the judgments
dered against him, beginning with the first in order ofe.
tion Three. -Provisions common in the last two
ceding sections
ticle 73.Presumption in regard to the imposition of
essory penalties. - Whenever the courts shall impose
enalty which, by provision of law, carries with it otheralties, according to the provisions of Articles 40, 41,
43 and 44 of this Code, it must be understood that theessory penalties are also imposed upon the convict.
ticle 74.Penalty higher than reclusion perpetua in
tain cases. - In cases in which the law prescribes a
alty higher than another given penalty, withoutcially designating the name of the former, if such
her penalty should be that of death, the same penalty
the accessory penalties of Article 40, shall be
sidered as the next higher penalty.
ticle 75.Increasing or reducing the penalty of fine by
or more degrees. - Whenever it may be necessary to
rease or reduce the penalty of fine by one or morerees, it shall be increased or reduced, respectively,
each degree, by one-fourth of the maximum amount
scribed by law, without however, changing the
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nimum.
e same rules shall be observed with regard of fines
t do not consist of a fixed amount, but are made
portional.
ticle 76.Legal period of duration of divisiblealties. - The legal period of duration of divisible
alties shall be considered as divided into three parts,
ming three periods, the minimum, the medium, andmaximum in the manner shown in the following
le:
BLE SHOWING THE DURATION OF
VISIBLE PENALTIES AND THE TIME
CLUDED IN EACH OF THEIR PERIODS
Time Time
he penalty
y
included in its
minimum period
included in its medium
period
rs and 1
ars.
From 12 years and 1
day to 14 years and 8
months.
From 14 years, 8
months and 1 day to 17
years and 4 months.
s and 1 day From 6 years and 1 dayto 8 years.
From 8 years and 1 dayto 10 years.
ths and 1rs.
From 6 months and 1
day to 2 years and 4months.
From 2 years, 4 months
and 1 day to 4 yearsand 2 months.
th and 1
hs.From 1 to 2 months.
From 2 months and 1
day to 4 months.
0 days. From 1 to 10 days. From 11 to 20 days.
ticle 77.When the penalty is a complex one composedhree distinct penalties. - In cases in which the law
scribes a penalty composed of three distinct penalties,
h one shall form a period; the lightest of them shallthe minimum the next the medium, and the most
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ere the maximum period.
enever the penalty prescribed does not have one of
forms specially provided for in this Code, the periods
ll be distributed, applying by analogy the prescribedes.
apter Five
ECUTION AND SERVICE OF PENALTIES
tion One. - General Provisions
ticle 78.When and how a penalty is to be executed. -penalty shall be executed except by virtue of a final
gment.
enalty shall not be executed in any other form than
t prescribed by law, nor with any other circumstancesncidents than those expressly authorized thereby.
addition to the provisions of the law, the special
ulations prescribed for the government of the
itutions in which the penalties are to be suffered shallobserved with regard to the character of the work to
performed, the time of its performance, and other
dents connected therewith, the relations of the
victs among themselves and other persons, the reliefich they may receive, and their diet.
e regulations shall make provision for the separation
he sexes in different institutions, or at least intoferent departments and also for the correction and
orm of the convicts.
ticle 79.Suspension of the execution and service of
penalties in case of insanity. - When a convict shallome insane or an imbecile after final sentence has
n pronounced, the execution of said sentence shall bepended only with regard to the personal penalty, thevisions of the second paragraph of circumstance
mber 1 of Article 12 being observed in the
responding cases.
t any time the convict shall recover his reason, histence shall be executed, unless the penalty shall have
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scribed in accordance with the provisions of this
de.
e respective provisions of this section shall also be
erved if the insanity or imbecility occurs while thevict is serving his sentence.
ticle 80.Suspension of sentence of minor delinquents.
Whenever a minor of either sex, under sixteen years of
at the date of the commission of a grave or less graveony, is accused thereof, the court, after hearing the
dence in the proper proceedings, instead of
nouncing judgment of conviction, shall suspend allher proceedings and shall commit such minor to the
tody or care of a public or private, benevolent or
ritable institution, established under the law of thee, correction or education of orphaned, homeless,
ective, and delinquent children, or to the custody or
e of any other responsible person in any other place
ject to visitation and supervision by the Director ofblic Welfare or any of his agents or representatives, if
re be any, or otherwise by the superintendent of
blic schools or his representatives, subject to suchditions as are prescribed hereinbelow until such
nor shall have reached his majority age or for such
period as the court may deem proper. The court, in
mmitting said minor as provided above, shall take intosideration the religion of such minor, his parents or
t of kin, in order to avoid his commitment to anyvate institution not under the control and supervision
he religious sect or denomination to which they
ong.
e Director of Public Welfare or his duly authorizedresentatives or agents, the superintendent of public
ools or his representatives, or the person to whose
tody or care the minor has been committed, shall
mit to the court every four months and as often asuired in special cases, a written report on the good or
d conduct of said minor and the moral and intellectual
gress made by him.
e suspension of the proceedings against a minor may
extended or shortened by the court on the
ommendation of the Director of Public Welfare or his
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horized representative or agents, or the superintendent
public schools or his representatives, according as to
ether the conduct of such minor has been good or notwhether he has complied with the conditions
posed upon him, or not. The provisions of the firstagraph of this article shall not, however, be affected
those contained herein.
he minor has been committed to the custody or care
any of the institutions mentioned in the first paragraph
his article, with the approval of the Director of Publiclfare and subject to such conditions as this official in
ordance with law may deem proper to impose, such
nor may be allowed to stay elsewhere under the care
a responsible person.
he minor has behaved properly and has complied with
conditions imposed upon him during his
finement, in accordance with the provisions of this
cle, he shall be returned to the court in order that theme may order his final release.
case the minor fails to behave properly or to comply
h the regulations of the institution to which he hasn committed or with the conditions imposed upon
m when he was committed to the care of a responsible
son, or in case he should be found incorrigible or histinued stay in such institution should be inadvisable,shall be returned to the court in order that the same
y render the judgment corresponding to the crime
mmitted by him.
e expenses for the maintenance of a minor delinquentfined in the institution to which he has been
mmitted, shall be borne totally or partially by his
ents or relatives or those persons liable to supportm, if they are able to do so, in the discretion of the
rt; Provided, That in case his parents or relatives or
se persons liable to support him have not beenered to pay said expenses or are found indigent and
not pay said expenses, the municipality in which the
ense was committed shall pay one-third of saidenses; the province to which the municipality
ongs shall pay one-third; and the remaining one-third
ll be borne by the National Government: Provided,
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wever, That whenever the Secretary of Finance
tifies that a municipality is not able to pay its share in
expenses above mentioned, such share which is notd by said municipality shall be borne by the National
vernment. Chartered cities shall pay two-thirds of saidenses; and in case a chartered city cannot pay said
enses, the internal revenue allotments which may beto said city shall be withheld and applied in
lement of said indebtedness in accordance with
tion five hundred and eighty-eight of theministrative Code.
tion Two. -Execution of principal penalties.
ticle 81.When and how the death penalty is to be
cuted. - The death sentence shall be executed witherence to any other and shall consist in putting the
son under sentence to death by electrocution. The
th sentence shall be executed under the authority of
Director of Prisons, endeavoring so far as possible toigate the sufferings of the person under sentence
ing electrocution as well as during the proceedings
or to the execution.
he person under sentence so desires, he shall be
esthetized at the moment of the electrocution.
ticle 82.Notification and execution of the sentence
d assistance to the culprit. - The court shall designateorking day for the execution but not the hour thereof;
such designation shall not be communicated to the
ender before sunrise of said day, and the execution
ll not take place until after the expiration of at leastht hours following the notification, but before sunset.
ring the interval between the notification and the
cution, the culprit shall, in so far as possible, benished such assistance as he may request in order to
attended in his last moments by priests or ministers of
religion he professes and to consult lawyers, as welln order to make a will and confer with members of
family or persons in charge of the management of his
iness, of the administration of his property, or of thee of his descendants.
ticle 83.Suspension of the execution of the death
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tence. - The death sentence shall not be inflicted upon
oman within the three years next following the date
he sentence or while she is pregnant, nor upon anyson over seventy years of age. In this last case, the
th sentence shall be commuted to the penalty oflusion perpetua with the accessory penalties provided
Article 40.
ticle 84.Place of execution and persons who may
ness the same. - The execution shall take place in the
itentiary of Bilibid in a space closed to the publicw and shall be witnessed only by the priests assisting
offender and by his lawyers, and by his relatives, not
eeding six, if he so request, by the physician and the
essary personnel of the penal establishment, and by
h persons as the Director of Prisons may authorize.
ticle 85.Provisions relative to the corpse of the
son executed and its burial. - Unless claimed by his
mily, the corpse of the culprit shall, upon thempletion of the legal proceedings subsequent to the
cution, be turned over to the institute of learning or
entific research first applying for it, for the purpose ofdy and investigation, provided that such institute shall
e charge of the decent burial of the remains.
herwise, the Director of Prisons shall order the burial
he body of the culprit at government expense,nting permission to be present thereat to the members
he family of the culprit and the friends of the latter.no case shall the burial of the body of a person
tenced to death be held with pomp.
ticle 86.Reclusion perpetua, reclusion temporal,
sion mayor, prision correccional and arresto mayor. -e penalties of reclusion perpetua, reclusion temporal,
sion mayor, prision correccional and arresto mayor,
ll be executed and served in the places and penal
ablishments provided by the Administrative Code ince or which may be provided by law in the future.
ticle 87.Destierro. - Any person sentenced to
tierro shall not be permitted to enter the place orces designated in the sentence, nor within the radius
rein specified, which shall be not more than 250 and
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less than 25 kilometers from the place designated.
ticle 88.Arresto menor. - The penalty ofarresto
norshall be served in the municipal jail, or in the
use of the defendant himself under the surveillance ofofficer of the law, when the court so provides in its
ision, taking into consideration the health of the
ender and other reasons which may seem satisfactoryt.
le Four
TINCTION OF CRIMINAL LIABILITY
apter One
TAL EXTINCTION OF CRIMINAL LIABILITY
ticle 89.How criminal liability is totally extinguished.riminal 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 ofthe offender occurs before final judgment.
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.
ticle 90.Prescription of crime. - Crimes punishabledeath, reclusion perpetua or reclusion temporal shall
scribe in twenty years.
mes punishable by other afflictive penalties shall
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scribe in fifteen years.
ose punishable by a correctional penalty shall
scribe in ten years; with the exception of those
nishable by arresto mayor, which shall prescribe ine years.
e crime of libel or other similar offenses shall
scribe in one year.
e crime of oral defamation and slander by deed shallscribe in six months.
ht offenses prescribe in two months.
en the penalty fixed by law is a compound one, thehest penalty shall be made the basis of the application
he rules contained in the first, second and thirdagraphs of this article. (As amended by RA 4661,
roved June 19, 1966).
ticle 91.Computation of prescription of offenses. -
e period of prescription shall commence to run fromday on which the crime is discovered by the offended
ty, the authorities, or their agents, and shall be
errupted by the filing of the complaint or information,
shall commence to run again when such proceedingsminate without the accused being convicted or
uitted, or are unjustifiably stopped for any reason notputable to him.
e term of prescription shall not run when the offender
bsent from the Philippine Archipelago.
ticle 92.When and how penalties prescribe. - The
alties 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 ofarresto mayor, whichprescribes in five years;
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4. Light penalties, in one year.
ticle 93.Computation of the prescription of penalties.
he period of prescription of penalties shall commence
un from the date when the culprit should evade thevice of his sentence, and it shall be interrupted if the
endant should give himself up, be captured, should go
ome foreign country with which this Government hasextradition treaty, or should commit another crime
ore the expiration of the period of prescription.
apter Two
RTIAL EXTINCTION OF CRIMINAL
ABILITY
ticle 94.Partial Extinction of criminal liability. -minal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culpritmay earn while he is serving his sentence.
ticle 95.Obligation incurred by person granted
ditional pardon. - Any person who has been grantedditional pardon shall incur the obligation of
mplying strictly with the conditions imposed therein
erwise, his non-compliance with any of the conditions
cified shall result in the revocation of the pardon andprovisions of Article 159 shall be applied to him.
ticle 96.Effect of commutation of sentence. - The
mmutation of the original sentence for another of a
ferent length and nature shall have the legal effect ofstituting the latter in the place of the former.
ticle 97.Allowance for good conduct. - The good
duct of any prisoner in any penal institution shalltle him to the following deductions from the period
his sentence:
1. During the first two years of his imprisonment,
he shall be allowed a deduction of five days for
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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 goodbehavior;
3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be
allowed a deduction of ten days for each monthof 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
behaviour.
ticle 98.Special time allowance for loyalty. - A
uction of one-fifth of the period of his sentence shallgranted to any prisoner who, having evaded the
vice of his sentence under the circumstances
ntioned in Article 58 of this Code, gives himself up to
authorities within 48 hours following the issuance ofroclamation announcing the passing away of the
amity or catastrophe to in said article.
ticle 99.Who grants time allowances. - Wheneverfully justified, the Director of Prisons shall grantwances for good conduct. Such allowances once
nted shall not be revoked.
le Five
VIL LIABILITY
apter One
RSON CIVILLY LIABLE FOR FELONIES
ticle 100.Civil liability of a person guilty of felony. -
ery person criminally liable for a felony is also civillyle.
ticle 101.Rules regarding civil liability in certain
es. - The exemption from criminal liability
ablished in subdivisions 1, 2, 3, 5 and 6 of Article 12
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in subdivision 4 of Article 11 of this Code does not
lude exemption from civil liability, which shall be
orced subject to the following rules:
st. In cases of subdivisions 1, 2, and 3 of Article 12,civil liability for acts committed by an imbecile or
ane person, and by a person under nine years of age,
by one over nine but under fifteen years of age, whoacted without discernment, shall devolve upon those
ing such person under their legal authority or control,
ess it appears that there was no fault or negligence onr part.
ould there be no person having such insane, imbecile
minor under his authority, legal guardianship or
trol, or if such person be insolvent, said insane,becile, or minor shall respond with their own property,
epting property exempt from execution, in
ordance with the civil law.
ond. In cases falling within subdivision 4 of Articlethe persons for whose benefit the harm has been
vented shall be civilly liable in proportion to the
efit which they may have received.
e courts shall determine, in sound discretion, the
portionate amount for which each one shall be liable.
en the respective shares cannot be equitably
ermined, even approximately, or when the liability
o attaches to the Government, or to the majority of theabitants of the town, and, in all events, whenever the
mages have been caused with the consent of the
horities or their agents, indemnification shall be madehe manner prescribed by special laws or regulations.
rd. In cases falling within subdivisions 5 and 6 of
icle 12, the persons using violence or causing thers shall be primarily liable and secondarily, or, ifre be no such persons, those doing the act shall be
le, saving always to the latter that part of their
perty exempt from execution.
ticle 102.Subsidiary civil liability of innkeepers,ernkeepers and proprietors of establishments. - In
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ault of the persons criminally liable, innkeepers,
ernkeepers, and any other persons or corporations
ll be civilly liable for crimes committed in theirablishments, in all cases where a violation of
nicipal ordinances or some general or special policeulation shall have been committed by them or their
ployees.
keepers are also subsidiarily liable for the restitution
goods taken by robbery or theft within their houses
m guests lodging therein, or for the payment of theue thereof, provided that such guests shall have
ified in advance the innkeeper himself, or the person
resenting him, of the deposit of such goods within the
; and shall furthermore have followed the directions
ich such innkeeper or his representative may haveen them with respect to the care and vigilance over
h goods. No liability shall attach in case of robberyh violence against or intimidation of persons unless
mmitted by the innkeeper's employees.
ticle 103.Subsidiary civil liability of other persons. -
e subsidiary liability established in the next precedingcle shall also apply to employers, teachers, persons,
corporations engaged in any kind of industry for
onies committed by their servants, pupils, workmen,
rentices, or employees in the discharge of theiries.
apter Two
HAT CIVIL LIABILITY INCLUDES
ticle 104.What is included in civil liability. - The civilility established in Articles 100, 101, 102, and 103 of
Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
ticle 105.Restitution; How made. - The restitution of
thing itself must be made whenever possible, with
wance for any deterioration, or diminution of value
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accessories, each within their respective class, shall
liable severally (in solidum) among themselves for
r quotas, and subsidiaries for those of the othersons liable.
e subsidiary liability shall be enforced, first against
property of the principals; next, against that of the
omplices, and, lastly, against that of the accessories.
enever the liability in solidum or the subsidiaryility has been enforced, the person by whom payment
been made shall have a right of action against the
ers for the amount of their respective shares.
ticle 111.Obligation to make restitution in certain
es. - Any person who has participated gratuitously inproceeds of a felony shall be bound to make
itution in an amount equivalent to the extent of suchticipation.
apter Three
TINCTION AND SURVIVAL OF CIVIL
ABILITY
ticle 112.Extinction of civil liability. - Civil liability
ablished in Articles 100, 101, 102, and 103 of this
de shall be extinguished in the same manner asigations, in accordance with the provisions of theil Law.
ticle 113.Obligation to satisfy civil liability. - Except
ase of extinction of his civil liability as provided innext preceding article the offender shall continue to
obliged to satisfy the civil liability resulting from the
me committed by him, notwithstanding the fact that
has served his sentence consisting of deprivation oferty or other rights, or has not been required to serve
same by reason of amnesty, pardon, commutation oftence or any other reason.
OK TWO
RIMES AND PENALTIES
le One
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RIMES AGAINST NATIONAL SECURITY AND
E LAW OF NATIONS
apter One
RIMES AGAINST NATIONAL SECURITY
tion One. - Treason and espionage
ticle 114.Treason. - Any person who, owing
giance to (the United States or) the Government of
Philippine Islands, not being a foreigner, levies warinst them or adheres to their enemies, giving them aid
comfort within the Philippine Islands or elsewhere,
ll be punished by reclusion temporal to death and
ll pay a fine not to exceed P20,000 pesos.
person shall be convicted of treason unless on the
imony of two witnesses at least to the same overt act
on confession of the accused in open court.
ewise, an alien, residing in the Philippine Islands,o commits acts of treason as defined in paragraph 1 of
Article shall be punished by prision mayor to death
shall pay a fine not to exceed P20,000 pesos. (Asended by E.O. No. 44, May 31, 1945).
ticle 115.Conspiracy and proposal to commitason; Penalty. - The conspiracy or proposal to
mmit the crime of treason shall be punishedpectively, by prision mayor and a fine not exceeding
0,000 pesos, and prision correccional and a fine not
eeding P5,000 pesos.
ticle 116.Misprision of treason. - Every person owinggiance to (the United States) the Government of the
lippine Islands, without being a foreigner, and having
wledge of any conspiracy against them, conceals or
s not disclose and make known the same, as soon assible to the governor or fiscal of the province, or the
yor or fiscal of the city in which he resides, as the
e may be, shall be punished as an accessory to theme of treason.
ticle 117.Espionage. - The penalty of prision
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carried on in ciphers or conventional signs; and
3. By reclusion temporal, if notice or information
be given thereby which might be useful to the
enemy. If the offender intended to aid the enemyby giving such notice or information, he shall
suffer the penalty of reclusion temporal to death.
ticle 121.Flight to enemy country. - The penalty of
esto mayorshall be inflicted upon any person who,ing allegiance to the Government, attempts to flee or
to an enemy country when prohibited by competent
hority.
tion Three. -Piracy and mutiny on the high seas or
Philippine waters
ticle 122.Piracy in general and mutiny on the high
s. - The penalty of reclusion temporal shall beicted upon any person who, on the high seas, shall
ck or seize a vessel or, not being a member of its
mplement nor a passenger, shall seize the whole or
t of the cargo of said vessel, its equipment, orsonal belongings of its complement or passengers.
e same penalty shall be inflicted in case of mutiny on
high seas or in Philippine waters.
ticle 123.Qualified piracy. - The penalty of reclusionmporal to death shall be imposed upon those who
mmit any of the crimes referred to in the preceding
cle, under any of the following circumstances:
1. Whenever they have seized a vessel byboarding or firing upon the same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves; or
3. Whenever the crime is accompanied bymurder, homicide, physical injuries or rape.
le Two
RIMES AGAINST THE FUNDAMENTAL LAWS
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THE STATE
apter One
RBITRARY DETENTION OR EXPULSION,OLATION OF DWELLING, PROHIBITION,
TERRUPTION, AND DISSOLUTION OF
ACEFUL MEETINGS AND CRIMES AGAINST
LIGIOUS WORSHIP
tion One. -Arbitrary detention and expulsion
ticle 124.Arbitrary detention. - Any public officer orployee who, without legal grounds, detains a person,
ll suffer;
1. The penalty ofarresto mayorin its maximum
period to prision correccional in its minimumperiod, if the detention has not exceeded three
days;
2. The penalty of prision correccional in its
medium and maximum periods, if the detentionhas continued more than three but not more than
fifteen days;
3. The penalty of prision mayor, if the detentionhas continued for more than fifteen days but not
more than six months; and
4. That of reclusion temporal, if the detention
shall have exceeded six months.
e commission of a crime, or violent insanity or anyer ailment requiring the compulsory confinement of
patient in a hospital, shall be considered legal
unds for the detention of any person.
ticle 125.Delay in the delivery of detained persons toproper judicial authorities. - The penalties provided
he next preceding article shall be imposed upon the
blic officer or employee who shall detain any personsome legal ground and shall fail to deliver such
son to the proper judicial authorities within the period
twelve (12) hours, for crimes or offenses punishable
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light penalties, or their equivalent; eighteen (18)
urs, for crimes or offenses punishable by correctional
alties, or their equivalent and thirty-six (36) hours,crimes, or offenses punishable by afflictive or capital
alties, or their equivalent. In every case, the personained shall be informed of the cause of his detention
shall be allowed upon his request, to communicateconfer at any time with his attorney or counsel. (As
ended by E.O. Nos. 59 and 272, Nov. 7, 1986 and
y 25, 1987, respectively).
ticle 126.Delaying release. - The penalties provided
in Article 124 shall be imposed upon any public
cer or employee who delays for the period of time
cified therein the performance of any judicial or
cutive order for the release of a prisoner or detentionsoner, or unduly delays the service of the notice of
h order to said prisoner or the proceedings upon anyition for the liberation of such person.
ticle 127.Expulsion. - The penalty of prision
reccional shall be imposed upon any public officer or
ployee who, not being thereunto authorized by law,ll expel any person from the Philippine Islands or
ll compel such person to change his residence.
tion Two. - Violation of domicile
ticle 128.Violation of domicile. - The penalty ofsion correccional in its minimum period shall be
posed upon any public officer or employee who, not
ng authorized by judicial order, shall enter any
elling against the will of the owner thereof, searchers or other effects found therein without the
vious consent of such owner, or having
reptitiously entered said dwelling, and being requiredeave the premises, shall refuse to do so.
he offense be committed in the night-time, or if any
ers or effects not constituting evidence of a crime be
returned immediately after the search made by theender, the penalty shall be prision correccional in its
dium and maximum periods.
ticle 129.Search warrants maliciously obtained and
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use in the service of those legally obtained. - In
ition to the liability attaching to the offender for the
mmission of any other offense, the penalty ofarrestoyorin its maximum period to prision correccional in
minimum period and a fine not exceeding P1,000os shall be imposed upon any public officer or
ployee who shall procure a search warrant withoutt cause, or, having legally procured the same, shall
eed his authority or use unnecessary severity in
cuting the same.
ticle 130.Searching domicile without witnesses. - The
alty ofarresto mayorin its medium and maximum
iods shall be imposed upon a public officer or
ployee who, in cases where a search is proper, shall
rch the domicile, papers or other belongings of anyson, in the absence of the latter, any member of his
mily, or in thei