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
Article 2. Application of the Code
Except when treaties or special laws provide otherwise, the provisions of this Code apply not only within the Philippines
— including its airspace, internal waters, and maritime zone — but also outside Philippine territory to punish the
following:
1. Those who commit an offense while on board a Philippine ship or airship.
2. Those who forge or counterfeit Philippine coins, currency notes, or government securities.
3. Those involved in introducing such forged or counterfeit items into the Philippines.
4. Public officers or employees who commit offenses while performing their duties, even if abroad.
5. Those who commit crimes against national security or the law of nations (as defined in Title One, Book Two of
this Code).
TITLE ONE
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
CHAPTER ONE
FELONIES
Article 3. Definition
Acts or omissions that are punishable by law are called felonies (delitos).
Felonies may be committed in two ways:
1. By deceit (dolo) – when the act is done with deliberate intent.
2. By fault (culpa) – when the wrongful act happens because of imprudence, negligence, lack of foresight, or lack of
skill.
Article 4. Criminal Liability
A person is criminally liable:
When he commits a felony, even if the resulting wrongful act is different from what he intended to commit.
When he performs an act that would ordinarily be a crime against persons or property, if not for the fact that the
act was impossible to accomplish or was done using ineffective or inadequate means.
Article 6. Consummated, Frustrated, and Attempted Felonies
All felonies — whether consummated, frustrated, or attempted — are punishable.
1. A felony is consummated when all the elements needed for its completion are present.
2. It is frustrated when the offender does everything needed to commit the crime, but the felony is not produced
because of causes beyond his control.
3. There is an attempt when the offender starts committing the crime through overt acts, but fails to complete all
acts of execution due to a cause or accident other than his own voluntary decision to stop.
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Article 7. When Light Felonies Are Punishable
Light felonies are punishable only when they are consummated, except when they are committed against persons or
property.
Article 8. Conspiracy and Proposal to Commit Felony
Conspiracy and proposal to commit a felony are punishable only when the law specifically provides a penalty for them.
Conspiracy exists when two or more persons agree to commit a felony and decide to carry it out.
Proposal exists when a person who has already decided to commit a felony suggests or invites another person to help
commit it.
CHAPTER TWO
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
Article 11. Justifying Circumstances
The following persons are not criminally liable because their acts are legally justified:
1. Defense of self – When a person acts to protect himself or his rights, provided:
a. There is unlawful aggression;
b. The means used to prevent or repel it are reasonably necessary; and
c. The defender did not provoke the aggressor.
2. Defense of relatives – When defending the person or rights of a spouse, ascendant, descendant, sibling, or
relative by affinity (same degree) or by consanguinity (within the 4th civil degree), provided:
a. The first two requisites of self-defense exist; and
b. If the person attacked provoked the aggressor, the defender had no part in that provocation.
3. Defense of a stranger – When defending a stranger, provided:
a. The first two requisites of self-defense exist; and
b. The defender is not moved by revenge, resentment, or any evil motive.
4. Avoidance of greater evil or injury – When a person does harm to avoid a greater harm, provided:
a. The evil avoided actually exists;
b. The harm avoided is greater than the harm done; and
c. There is no other less harmful way to prevent the evil.
5. Fulfillment of duty or lawful exercise of a right or office – When a person causes injury while rightfully
performing a duty or exercising a lawful right.
6. Obedience to a lawful order – When a person acts in obedience to a superior’s lawful order and for a lawful
purpose.
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Article 12. Exempting Circumstances
The following persons are exempt from criminal liability, meaning they committed the act but cannot be punished by law
due to their condition or situation:
1. An imbecile or insane person, unless the insane person acted during a lucid interval.
If such person commits a felony, the court shall order confinement in an asylum until permitted to leave
by the court.
2. A child under nine (9) years old.
3. A child over nine (9) but under fifteen (15) years old, unless he acted with discernment (awareness of right and
wrong).
If without discernment, he is entrusted to the care of family or a suitable institution for supervision and
education.
If with discernment, he is proceeded against under Article 80 of this Code.
4. A person who causes injury purely by accident while performing a lawful act with due care, without intent or
fault.
5. A person compelled by irresistible force — meaning he had no choice but to act.
6. A person acting out of uncontrollable fear of a greater or equal harm.
7. A person who fails to perform a legal duty because of a lawful or insuperable (unavoidable) cause.
CHAPTER THREE
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Article 13. Mitigating Circumstances
The following reduce criminal liability (lessen the penalty):
1. When all the requisites of justifying or exempting circumstances are not fully present.
2. When the offender is under 18 years old or over 70 years old.
If the offender is a minor, Article 80 applies.
3. When the offender had no intention to cause so serious a harm as the one committed.
4. When the offended party provoked or threatened the offender immediately before the act.
5. When the act was done to vindicate a grave offense against the offender or his spouse, family, or close relatives.
6. When the offender acted under strong passion or obfuscation (loss of self-control) caused by a powerful impulse.
7. When the offender voluntarily surrendered to authorities or confessed guilt before trial evidence began.
8. When the offender is deaf, dumb, blind, or physically handicapped, limiting his ability to act, defend, or
communicate.
9. When the offender suffers from an illness that weakens willpower, though he remains conscious of his acts.
10. Any other similar circumstance comparable to those listed above.
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CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY
Article 14. Aggravating Circumstances
These increase criminal liability (make the penalty heavier):
1. Taking advantage of public position.
2. Committing the crime in contempt of or with insult to public authorities.
3. Acting with insult or disregard due to rank, age, sex, or within the victim’s dwelling (if no provocation).
4. With abuse of confidence or obvious ingratitude.
5. Committed in the presence of the Chief Executive, or where public officials or worship are present.
6. Committed at night, in an uninhabited place, or by a band (more than 3 armed persons).
7. During fire, earthquake, epidemic, or calamity.
8. With the aid of armed men ensuring escape or impunity.
9. When the offender is a recidivist (previously convicted of a similar crime).
10. When the offender was previously punished for equal or heavier crimes, or for two or more lesser crimes.
11. When committed for price, reward, or promise.
12. When committed through destructive means (fire, poison, explosion, derailment, etc.).
13. When there is evident premeditation (crime was carefully planned).
14. When using craft, fraud, or disguise.
15. When taking advantage of superior strength or weakening defense.
16. When there is treachery (alevosía) – using methods that ensure execution without risk to the offender.
17. When adding ignominy (disgrace or humiliation) to the victim.
18. When there is unlawful entry (using a way not intended for entry).
19. When breaking walls, doors, or windows to commit the crime.
20. When using minors (under 15) or vehicles/airships to aid the crime.
21. When deliberately increasing the harm done beyond what is necessary.
CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES
Article 15. Concept
Alternative circumstances can be either mitigating or aggravating, depending on how they affect the case.
They include:
1. Relationship – applies when the victim is the offender’s spouse, ascendant, descendant, sibling, or close relative
by affinity.
2. Intoxication (drunkenness) –
Mitigating if the intoxication is not habitual or not intended to commit the crime.
Aggravating if habitual or deliberate.
3. Degree of instruction or education – considered based on how it affects the offender’s understanding of the
crime.
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