ACT No.

3815

(December 8, 1930) THER PENAL LA!S

T'&(e

*e

AN ACT REVISING THE PENAL C DE AND

$EL NIES AND CIRC+%STANCES !HICH A$$ECT CRI%INAL LIA"ILIT, C-./&er *e $EL NIES Ar&'c(e 3. Definitions. - Acts and omissions "unishable by law are felonies 3delitos4. 5elonies are committed not only be means of deceit 3dolo4 but also by means of fault 3cul"a4.

Preliminary Article - This law shall be known as "The Revised Penal Code." " # NE GENERAL PR VISI NS REGARDING THE DATE $ EN$ RCE%ENT AND APPLICATI N $ THE PR VISI NS $ THIS C DE, AND REGARDING THE $$ENSES, THE PERS NS LIA"LE AND THE PENALTIES Preliminary Title DATE $ E$$ECTIVENESS AND APPLICATI N $ THIS C DE $ THE PR VISI NS

There is deceit when the act is "erformed with deliberate intent and there is fault when the wron#ful act results from im"rudence, ne#li#ence, lack of foresi#ht, or lack of skill. Ar&'c(e 0. Criminal liability. - Criminal liability shall be incurred& '. 2y any "erson committin# a felony 3delito4 althou#h the wron#ful act done be different from that which he intended. ). 2y any "erson "erformin# an act which would be an offense a#ainst "ersons or "ro"erty, were it not for the inherent im"ossibility of its accom"lishment or an account of the em"loyment of inade6uate or ineffectual means. Ar&'c(e 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. - /henever a court has knowled#e of any act which it may deem "ro"er to re"ress and which is not "unishable by law, it shall render the "ro"er decision, and shall re"ort to the Chief !ecutive, throu#h the 7e"artment of Justice, the reasons which induce the court to believe that said act should be made the sub%ect of le#islation. *n the same way, the court shall submit to the Chief !ecutive, throu#h the 7e"artment of Justice, such statement as may be deemed "ro"er, without sus"endin# the e!ecution of the sentence, when a strict enforcement of the "rovisions of this Code would result in the im"osition of a clearly e!cessive "enalty, takin# into consideration the de#ree of malice and the in%ury caused by the offense.

Ar&'c(e 1. Time when Act takes effect. - This Code shall take effect on the first day of January, nineteen hundred and thirty-two. Ar&'c(e ). Application of its provisions. - !ce"t as "rovided in the treaties and laws of "referential a""lication, the "rovisions of this Code shall be enforced not only within the Phili""ine Archi"ela#o, includin# its atmos"here, its interior waters and maritime $one, but also outside of its %urisdiction, a#ainst those who& '. (hould commit an offense while on a Phili""ine shi" or airshi" ). (hould for#e or counterfeit any coin or currency note of the Phili""ine *slands or obli#ations and securities issued by the +overnment of the Phili""ine *slands, -. (hould be liable for acts connected with the introduction into these islands of the obli#ations and securities mentioned in the "residin# number, .. /hile bein# "ublic officers or em"loyees, should commit an offense in the e!ercise of their functions, or 0. (hould commit any of the crimes a#ainst national security and the law of nations, defined in Title 1ne of 2ook Two of this Code.

Ar&'c(e 1. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which are frustrated and attem"ted, are "unishable. A felony is consummated when all the elements necessary for its e!ecution and accom"lishment are "resent, and it is frustrated when the offender "erforms all the acts of e!ecution which would "roduce the felony as a conse6uence but which, nevertheless, do not "roduce it by reason of causes inde"endent of the will of the "er"etrator. There is an attem"t when the offender commences the commission of a felony directly or over acts, and does not "erform all the acts of e!ecution which should "roduce the felony by reason of some cause or accident other than this own s"ontaneous desistance. Ar&'c(e 2. When light felonies are punishable. - 8i#ht felonies are "unishable only when they have been consummated, with the e!ce"tion of those committed a#ainst "erson or "ro"erty. Ar&'c(e 8. Conspiracy and proposal to commit felony. - Cons"iracy and "ro"osal to commit felony are "unishable only in the cases in which the law s"ecially "rovides a "enalty therefor. A cons"iracy e!ists when two or more "ersons come to an a#reement concernin# the commission of a felony and decide to commit it. There is "ro"osal when the "erson who has decided to commit a felony "ro"oses its e!ecution to some other "erson or "ersons. Ar&'c(e 9. rave felonies, less grave felonies and light felonies. - +rave felonies are those to which the law attaches the ca"ital "unishment or "enalties which in any of their "eriods are afflictive, in accordance with Art. )0 of this Code. 8ess #rave felonies are those which the law "unishes with "enalties which in their ma!imum "eriod are correctional, in accordance with the abovementioned Art.. 8i#ht felonies are those infractions of law for the commission of which a "enalty of arrest menor or a fine not e!ceedin# )99 "esos or both, is "rovided. Ar&'c(e 10. !ffenses not sub"ect to the provisions of this Code. - 1ffenses which are or in the future may be "unishable under s"ecial laws are not

sub%ect to the "rovisions of this Code. This Code shall be su""lementary to such laws, unless the latter should s"ecially "rovide the contrary. C-./&er T3o 4+STI$,ING CIRC+%STANCES AND CIRC+%STANCES !HICH E5E%PT $R % CRI%INAL LIA"ILIT, Ar&'c(e 11. #ustifying circumstances. - The followin# do not incur any criminal liability& '. Anyone who acts in defense of his "erson or ri#hts, "rovided that the followin# circumstances concur, 5irst. :nlawful a##ression. (econd. Reasonable necessity of the means em"loyed to "revent or re"el it. Third. 8ack of sufficient "rovocation on the "art of the "erson defendin# himself. ). Any one who acts in defense of the "erson or ri#hts of his s"ouse, ascendants, descendants, or le#itimate, natural or ado"ted brothers or sisters, or his relatives by affinity in the same de#rees and those consan#uinity within the fourth civil de#ree, "rovided that the first and second re6uisites "rescribed in the ne!t "recedin# circumstance are "resent, and the further re6uisite, in case the revocation was #iven by the "erson attacked, that the one makin# defense had no "art therein. -. Anyone who acts in defense of the "erson or ri#hts of a stran#er, "rovided that the first and second re6uisites mentioned in the first circumstance of this Article are "resent and that the "erson defendin# be not induced by reven#e, resentment, or other evil motive. .. Any "erson who, in order to avoid an evil or in%ury, does not act which causes dama#e to another, "rovided that the followin# re6uisites are "resent, 5irst. That the evil sou#ht to be avoided actually e!ists, (econd. That the in%ury feared be #reater than that done to avoid it,

Third. That there be no other "ractical and less harmful means of "reventin# it. 0. Any "erson who acts in the fulfillment of a duty or in the lawful e!ercise of a ri#ht or office. ;. Any "erson who acts in obedience to an order issued by a su"erior for some lawful "ur"ose. Ar&'c(e 1). Circumstances which exempt from criminal liability. - the followin# are e!em"t from criminal liability& '. An imbecile or an insane "erson, unless the latter has acted durin# a lucid interval. /hen the imbecile or an insane "erson has committed an act which the law defines as a felony 3delito4, the court shall order his confinement in one of the hos"itals or asylums established for "ersons thus afflicted, which he shall not be "ermitted to leave without first obtainin# the "ermission of the same court. ). A "erson under nine years of a#e. -. A "erson over nine years of a#e and under fifteen, unless he has acted with discernment, in which case, such minor shall be "roceeded a#ainst in accordance with the "rovisions of Art. <9 of this Code. /hen such minor is ad%ud#ed to be criminally irres"onsible, the court, in conformably with the "rovisions of this and the "recedin# "ara#ra"h, shall commit him to the care and custody of his family who shall be char#ed with his surveillance and education otherwise, he shall be committed to the care of some institution or "erson mentioned in said Art. <9. .. Any "erson who, while "erformin# a lawful act with due care, causes an in%ury by mere accident without fault or intention of causin# it. 0. Any "erson who act under the com"ulsion of irresistible force. ;. Any "erson who acts under the im"ulse of an uncontrollable fear of an e6ual or #reater in%ury.

=. Any "erson who fails to "erform an act re6uired by law, when "revented by some lawful insu"erable cause. C-./&er T-ree CIRC+%STANCES !HICH %ITIGATE CRI%INAL LIA"ILIT, Ar&'c(e 13. $itigating circumstances. - The followin# are miti#atin# circumstances, '. Those mentioned in the "recedin# cha"ter, when all the re6uisites necessary to %ustify or to e!em"t from criminal liability in the res"ective cases are not attendant. ). That the offender is under ei#hteen year of a#e or over seventy years. *n the case of the minor, he shall be "roceeded a#ainst in accordance with the "rovisions of Art. <9. -. That the offender had no intention to commit so #rave a wron# as that committed. .. That sufficient "rovocation or threat on the "art of the offended "arty immediately "receded the act. 0. That the act was committed in the immediate vindication of a #rave offense to the one committin# the felony 3delito4, his s"ouse, ascendants, or relatives by affinity within the same de#rees. ;. That of havin# acted u"on an im"ulse so "owerful as naturally to have "roduced "assion or obfuscation. =. That the offender had voluntarily surrendered himself to a "erson in authority or his a#ents, or that he had voluntarily confessed his #uilt before the court "rior to the "resentation of the evidence for the "rosecution, <. That the offender is deaf and dumb, blind or otherwise sufferin# some "hysical defect which thus restricts his means of action, defense, or communications with his fellow bein#s. >. (uch illness of the offender as would diminish the e!ercise of the will-"ower of the offender without however de"rivin# him of the consciousness of his acts.

'9. And, finally, any other circumstances of a similar nature and analo#ous to those above mentioned. C-./&er $o6r CIRC+%STANCE !HICH AGGRAVATE CRI%INAL LIA"ILIT, Ar&'c(e 10. Aggravating circumstances. - The followin# are a##ravatin# circumstances& '. That advanta#e be taken by the offender of his "ublic "osition. ). That the crime be committed in contem"t or with insult to the "ublic authorities. -. That the act be committed with insult or in disre#ard of the res"ect due the offended "arty on account of his rank, a#e, or se!, or that is be committed in the dwellin# of the offended "arty, if the latter has not #iven "rovocation. .. That the act be committed with abuse of confidence or obvious un#ratefulness. 0. That the crime be committed in the "alace of the Chief !ecutive or in his "resence, or where "ublic authorities are en#a#ed in the dischar#e of their duties, or in a "lace dedicated to reli#ious worshi". ;. That the crime be committed in the ni#ht time, or in an uninhabited "lace, or by a band, whenever such circumstances may facilitate the commission of the offense. /henever more than three armed malefactors shall have acted to#ether in the commission of an offense, it shall be deemed to have been committed by a band. =. That the crime be committed on the occasion of a confla#ration, shi"wreck, earth6uake, e"idemic or other calamity or misfortune. <. That the crime be committed with the aid of armed men or "ersons who insure or afford im"unity. >. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been "reviously convicted by final %ud#ment of another crime embraced in the same title of this Code. '9. That the offender has been "reviously "unished by an offense to which the law attaches an e6ual or #reater "enalty or for two or more crimes to which it attaches a li#hter "enalty. ''. That the crime be committed in consideration of a "rice, reward, or "romise. '). That the crime be committed by means of inundation, fire, "oison, e!"losion, strandin# of a vessel or international dama#e thereto, derailment of a locomotive, or by the use of any other artifice involvin# #reat waste and ruin. '-. That the act be committed with evidence "remeditation. '.. That the craft, fraud or dis#uise be em"loyed. '0. That advanta#e be taken of su"erior stren#th, or means be em"loyed to weaken the defense. ';. That the act be committed with treachery 3alevosia4. There is treachery when the offender commits any of the crimes a#ainst the "erson, em"loyin# means, methods, or forms in the e!ecution thereof which tend directly and s"ecially to insure its e!ecution, without risk to himself arisin# from the defense which the offended "arty mi#ht make. '=. That means be em"loyed or circumstances brou#ht about which add i#nominy to the natural effects of the act. '<. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. )9. That the crime be committed with the aid of "ersons under fifteen years of a#e or by means of motor vehicles, motori$ed watercraft, airshi"s, or other similar means. 3As amended by RA 0.-<4.

)'. That the wron# done in the commission of the crime be deliberately au#mented by causin# other wron# not necessary for its commissions. C-./&er $'7e ALTERNATIVE CIRC+%STANCES Ar&'c(e 15. Their concept. - Alternative circumstances are those which must be taken into consideration as a##ravatin# or miti#atin# accordin# to the nature and effects of the crime and the other conditions attendin# its commission. They are the relationshi", into!ication and the de#ree of instruction and education of the offender. The alternative circumstance of relationshi" shall be taken into consideration when the offended "arty in the s"ouse, ascendant, descendant, le#itimate, natural, or ado"ted brother or sister, or relative by affinity in the same de#rees of the offender. The into!ication of the offender shall be taken into consideration as a miti#atin# circumstances when the offender has committed a felony in a state of into!ication, if the same is not habitual or subse6uent to the "lan to commit said felony but when the into!ication is habitual or intentional, it shall be considered as an a##ravatin# circumstance. T'&(e T3o PERS NS CRI%INALL, LIA"LE $ R $EL NIES Ar&'c(e 11. Who are criminally liable. - The followin# are criminally liable for #rave and less #rave felonies& '. Princi"als. ). Accom"lices. -. Accessories. The followin# are criminally liable for li#ht felonies& '. Princi"als ). Accom"lices.

Ar&'c(e 12. %rincipals. - The followin# are considered "rinci"als& '. Those who take a direct "art in the e!ecution of the act, ). Those who directly force or induce others to commit it, -. Those who coo"erate in the commission of the offense by another act without which it would not have been accom"lished. Ar&'c(e 18. Accomplices. - Accom"lices are those "ersons who, not bein# included in Article '=, coo"erate in the e!ecution of the offense by "revious or simultaneous acts. Ar&'c(e 19. Accessories. - Accessories are those who, havin# knowled#e of the commission of the crime, and without havin# "artici"ated therein, either as "rinci"als or accom"lices, take "art subse6uent to its commission in any of the followin# manners& '. 2y "rofitin# themselves or assistin# the offender to "rofit by the effects of the crime. ). 2y concealin# or destroyin# the body of the crime, or the effects or instruments thereof, in order to "revent its discovery. -. 2y harborin#, concealin#, or assistin# in the esca"e of the "rinci"als of the crime, "rovided the accessory acts with abuse of his "ublic functions or whenever the author of the crime is #uilty of treason, "arricide, murder, or an attem"t to take the life of the Chief !ecutive, or is known to be habitually #uilty of some other crime. Ar&'c(e )0. Accessories who are exempt from criminal liability. - The "enalties "rescribed for accessories shall not be im"osed u"on those who are such with res"ect to their s"ouses, ascendants, descendants, le#itimate, natural, and ado"ted brothers and sisters, or relatives by affinity within the same de#rees, with the sin#le e!ce"tion of accessories fallin# within the "rovisions of "ara#ra"h ' of the ne!t "recedin# article. T'&(e T-ree PENALTIES C-./&er *e PENALTIES IN GENERAL

Ar&'c(e )1. %enalties that may be imposed. - ?o felony shall be "unishable by any "enalty not "rescribed by law "rior to its commission. Ar&'c(e )). &etroactive effect of penal laws. - Penal 8aws shall have a retroactive effect insofar as they favor the "ersons #uilty of a felony, who is not a habitual criminal, as this term is defined in Rule 0 of Article ;) of this Code, althou#h at the time of the "ublication of such laws a final sentence has been "ronounced and the convict is servin# the same. Ar&'c(e )3. 'ffect of pardon by the offended party. - A "ardon of the offended "arty does not e!tin#uish criminal action e!ce"t as "rovided in Article -.. of this Code, but civil liability with re#ard to the interest of the in%ured "arty is e!tin#uished by his e!"ress waiver. Ar&'c(e )0. $easures of prevention or safety which are nor considered penalties. - The followin# shall not be considered as "enalties& '. The arrest and tem"orary detention of accused "ersons, as well as their detention by reason of insanity or imbecility, or illness re6uirin# their confinement in a hos"ital. ). The commitment of a minor to any of the institutions mentioned in Article <9 and for the "ur"oses s"ecified therein. -. (us"ension from the em"loyment of "ublic office durin# the trial or in order to institute "roceedin#s. .. 5ines and other corrective measures which, in the e!ercise of their administrative disci"linary "owers, su"erior officials may im"ose u"on their subordinates. 0. 7e"rivation of ri#hts and the re"arations which the civil laws may establish in "enal form. C-./&er T3o CLASSI$ICATI N

Ca"ital "unishment& 7eath. Afflictive "enalties& Reclusion "er"etua, Reclusion tem"oral, Per"etual or tem"orary absolute dis6ualification, Per"etual or tem"orary s"ecial dis6ualification, Prision mayor. Correctional "enalties& Prision correccional, Arresto mayor, (us"ension, 7estierro. 8i#ht "enalties& Arresto menor, Public censure. Penalties common to the three "recedin# classes& 5ine, and 2ond to kee" the "eace. Accessory Penalties Per"etual or tem"orary absolute dis6ualification, Per"etual or tem"orary s"ecial dis6ualification, (us"ension from "ublic office, the ri#ht to vote and be voted for, the "rofession or callin#. Civil interdiction, *ndemnification, 5orfeiture or confiscation of instruments and "roceeds of the offense, Payment of costs. Ar&'c(e )1. When afflictive, correctional, or light penalty. - A fine, whether im"osed as a sin#le of as an alternative "enalty, shall be considered an afflictive "enalty, if it e!ceeds ;,999 "esos, a correctional "enalty, if it does

$ PENALTIES

Ar&'c(e )5. %enalties which may be imposed. - The "enalties which may be im"osed accordin# to this Code, and their different classes, are those included in the followin#& (cale Princi"al Penalties

not e!ceed ;,999 "esos but is not less than )99 "esos, and a li#ht "enalty if it less than )99 "esos. C-./&er T-ree D+RATI N AND E$$ECTS Sec&'o*

enforcement of the "enalty. The duration of the other "enalties shall be com"uted only from the day on which the defendant commences to serve his sentence. Ar&'c(e )9. %eriod of preventive imprisonment deducted from term of imprisonment. - 1ffenders who have under#one "reventive im"risonment shall be credited in the service of their sentence consistin# of de"rivation of liberty, with the full time durin# which they have under#one "reventive im"risonment, if the detention "risoner a#rees voluntarily in writin# to abide by the same disci"linary rules im"osed u"on convicted "risoners, e!ce"t in the followin# cases& '. /hen they are recidivists or have been convicted "reviously twice or more times of any crime, and ). /hen u"on bein# summoned for the e!ecution of their sentence they have failed to surrender voluntarily. *f the detention "risoner does not a#ree to abide by the same disci"linary rules im"osed u"on convicted "risoners, he shall be credited in the service of his sentence with four-fifths of the time durin# which he has under#one "reventive im"risonment. 3As amended by Re"ublic Act ;')=, June '=, '>=94. /henever an accused has under#one "reventive im"risonment for a "eriod e6ual to or more than the "ossible ma!imum im"risonment of the offense char#ed to which he may be sentenced and his case is not yet terminated, he shall be released immediately without "re%udice to the continuation of the trial thereof or the "roceedin# on a""eal, if the same is under review. *n case the ma!imum "enalty to which the accused may be sentenced is destierro, he shall be released after thirty 3-94 days of "reventive im"risonment. 3As amended by .1. ?o. )'., July '9, '><<4. Sec&'o* T3o. - 'ffects of the penalties according to their respective nature Ar&'c(e 30. 'ffects of the penalties of perpetual or temporary absolute dis(ualification. - The "enalties of "er"etual or tem"orary absolute dis6ualification for "ublic office shall "roduce the followin# effects& '. The de"rivation of the "ublic offices and em"loyments which the offender @may have held even if conferred by "o"ular election. ). The de"rivation of the ri#ht to vote in any election for any "o"ular office or to be elected to such office.

$ PENALTIES

*e. - Duration of %enalties

Ar&'c(e )2. &eclusion perpetua. - Any "erson sentenced to any of the "er"etual "enalties shall be "ardoned after under#oin# the "enalty for thirty years, unless such "erson by reason of his conduct or some other serious cause shall be considered by the Chief !ecutive as unworthy of "ardon. &eclusion temporal. - The "enalty of reclusion tem"oral shall be from twelve years and one day to twenty years. %rision mayor and temporary dis(ualification. - The duration of the "enalties of "rision mayor and tem"orary dis6ualification shall be from si! years and one day to twelve years, e!ce"t when the "enalty of dis6ualification is im"osed as an accessory "enalty, in which case its duration shall be that of the "rinci"al "enalty. %rision correccional, suspension, and destierro. - The duration of the "enalties of "rision correccional, sus"ension and destierro shall be from si! months and one day to si! years, e!ce"t when sus"ension is im"osed as an accessory "enalty, in which case, its duration shall be that of the "rinci"al "enalty. Arresto mayor. - The duration of the "enalty of arresto mayor shall be from one month and one day to si! months. Arresto menor. - The duration of the "enalty of arresto menor shall be from one day to thirty days. )ond to keep the peace. - The bond to kee" the "eace shall be re6uired to cover such "eriod of time as the court may determine. Ar&'c(e )8. Computation of penalties. - *f the offender shall be in "rison, the term of the duration of the tem"orary "enalties shall be com"uted from the day on which the %ud#ment of conviction shall have become final. *f the offender be not in "rison, the term of the duration of the "enalty consistin# of de"rivation of liberty shall be com"uted from the day that the offender is "laced at the dis"osal of the %udicial authorities for the

-. The dis6ualification for the offices or "ublic em"loyments and for the e!ercise of any of the ri#hts mentioned. *n case of tem"orary dis6ualification, such dis6ualification as is com"rised in "ara#ra"hs ) and - of this article shall last durin# the term of the sentence. .. The loss of all ri#hts to retirement "ay or other "ension for any office formerly held. Ar&'c(e 31. 'ffect of the penalties of perpetual or temporary special dis(ualification. - The "enalties of "er"etual or tem"oral s"ecial dis6ualification for "ublic office, "rofession or callin# shall "roduce the followin# effects& '. The de"rivation of the office, em"loyment, "rofession or callin# affected, ). The dis6ualification for holdin# similar offices or em"loyments either "er"etually or durin# the term of the sentence accordin# to the e!tent of such dis6ualification. Ar&'c(e 3). 'ffect of the penalties of perpetual or temporary special dis(ualification for the exercise of the right of suffrage. - The "er"etual or tem"orary s"ecial dis6ualification for the e!ercise of the ri#ht of suffra#e shall de"rive the offender "er"etually or durin# the term of the sentence, accordin# to the nature of said "enalty, of the ri#ht to vote in any "o"ular election for any "ublic office or to be elected to such office. Aoreover, the offender shall not be "ermitted to hold any "ublic office durin# the "eriod of his dis6ualification. Ar&'c(e 33. 'ffects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. - The sus"ension from "ublic office, "rofession or callin#, and the e!ercise of the ri#ht of suffra#e shall dis6ualify the offender from holdin# such office or e!ercisin# such "rofession or callin# or ri#ht of suffra#e durin# the term of the sentence. The "erson sus"ended from holdin# "ublic office shall not hold another havin# similar functions durin# the "eriod of his sus"ension. Ar&'c(e 30. Civil interdiction. - Civil interdiction shall de"rive the offender durin# the time of his sentence of the ri#hts of "arental authority, or #uardianshi", either as to the "erson or "ro"erty of any ward, of marital authority, of the ri#ht to mana#e his "ro"erty and of the ri#ht to dis"ose of such "ro"erty by any act or any conveyance inter vivos.

Ar&'c(e 35. 'ffects of bond to keep the peace. - *t shall be the duty of any "erson sentenced to #ive bond to kee" the "eace, to "resent two sufficient sureties who shall undertake that such "erson will not commit the offense sou#ht to be "revented, and that in case such offense be committed they will "ay the amount determined by the court in the %ud#ment, or otherwise to de"osit such amount in the office of the clerk of the court to #uarantee said undertakin#. The court shall determine, accordin# to its discretion, the "eriod of duration of the bond. (hould the "erson sentenced fail to #ive the bond as re6uired he shall be detained for a "eriod which shall in no case e!ceed si! months, is he shall have been "rosecuted for a #rave or less #rave felony, and shall not e!ceed thirty days, if for a li#ht felony. Ar&'c(e 31. %ardon* its effect. - A "ardon shall not work the restoration of the ri#ht to hold "ublic office, or the ri#ht of suffra#e, unless such ri#hts be e!"ressly restored by the terms of the "ardon. A "ardon shall in no case e!em"t the cul"rit from the "ayment of the civil indemnity im"osed u"on him by the sentence. Ar&'c(e 32. Cost* What are included. - Costs shall include fees and indemnities in the course of the %udicial "roceedin#s, whether they be fi!ed or unalterable amounts "reviously determined by law or re#ulations in force, or amounts not sub%ect to schedule. Ar&'c(e 38. %ecuniary liabilities* !rder of payment. - *n case the "ro"erty of the offender should not be sufficient for the "ayment of all his "ecuniary liabilities, the same shall be met in the followin# order& '. The re"aration of the dama#e caused. ). *ndemnification of conse6uential dama#es. -. The fine. .. The cost of the "roceedin#s. Ar&'c(e 39. +ubsidiary penalty. - *f the convict has no "ro"erty with which to meet the fine mentioned in the "ara#ra"h - of the nest "recedin# article, he shall be sub%ect to a subsidiary "ersonal liability at the rate of one day for each ei#ht "esos, sub%ect to the followin# rules&

'. *f the "rinci"al "enalty im"osed be "rision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the "recedin# "ara#ra"h is satisfied, but his subsidiary im"risonment shall not e!ceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or "art of a day shall be counted a#ainst the "risoner. ). /hen the "rinci"al "enalty im"osed be only a fine, the subsidiary im"risonment shall not e!ceed si! months, if the cul"rit shall have been "rosecuted for a #rave or less #rave felony, and shall not e!ceed fifteen days, if for a li#ht felony. -. /hen the "rinci"al im"osed is hi#her than "rision correccional, no subsidiary im"risonment shall be im"osed u"on the cul"rit. .. *f the "rinci"al "enalty im"osed is not to be e!ecuted by confinement in a "enal institution, but such "enalty is of fi!ed duration, the convict, durin# the "eriod of time established in the "recedin# rules, shall continue to suffer the same de"rivations as those of which the "rinci"al "enalty consists. 0. The subsidiary "ersonal 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 im"rove. 3As amended by RA 0.;0, A"ril )', '>;>4. Sec&'o* T-ree. - %enalties in which other accessory penalties are inherent Ar&'c(e 00. Death* ,ts accessory penalties. - The death "enalty, when it is not e!ecuted by reason of commutation or "ardon shall carry with it that of "er"etual absolute dis6ualification and that of civil interdiction durin# thirty years followin# the date sentence, unless such accessory "enalties have been e!"ressly remitted in the "ardon. Ar&'c(e 01. &eclusion perpetua and reclusion temporal* Their accessory penalties. - The "enalties of reclusion "er"etua and reclusion tem"oral shall carry with them that of civil interdiction for life or durin# the "eriod of the sentence as the case may be, and that of "er"etual absolute dis6ualification which the offender shall suffer even thou#h "ardoned as to the "rinci"al "enalty, unless the same shall have been e!"ressly remitted in the "ardon. Ar&'c(e 0). %rision mayor* ,ts accessory penalties. - The "enalty of "rision mayor, shall carry with it that of tem"orary absolute dis6ualification and that of "er"etual s"ecial dis6ualification from the ri#ht of suffra#e which the

offender shall suffer althou#h "ardoned as to the "rinci"al "enalty, unless the same shall have been e!"ressly remitted in the "ardon. Ar&'c(e 03. %rision correccional* ,ts accessory penalties. - The "enalty of "rision correccional shall carry with it that of sus"ension from "ublic office, from the ri#ht to follow a "rofession or callin#, and that of "er"etual s"ecial dis6ualification from the ri#ht of suffra#e, if the duration of said im"risonment shall e!ceed ei#hteen months. The offender shall suffer the dis6ualification "rovided in the article althou#h "ardoned as to the "rinci"al "enalty, unless the same shall have been e!"ressly remitted in the "ardon. Ar&'c(e 00. Arresto* ,ts accessory penalties. - The "enalty of arresto shall carry with it that of sus"ension of the ri#ht too hold office and the ri#ht of suffra#e durin# the term of the sentence. Ar&'c(e 05. Confiscation and forfeiture of the proceeds or instruments of the crime. - very "enalty im"osed for the commission of a felony shall carry with it the forfeiture of the "roceeds of the crime and the instruments or tools with which it was committed. (uch "roceeds and instruments or tools shall be confiscated and forfeited in favor of the +overnment, unless they be "ro"erty of a third "erson not liable for the offense, but those articles which are not sub%ect of lawful commerce shall be destroyed. C-./&er $o6r APPLICATI N

$ PENALTIES

Sec&'o* *e. - &ules for the application of penalties to the persons criminally liable and for the graduation of the same. Ar&'c(e 01. %enalty to be imposed upon principals in general. - The "enalty "rescribed by law for the commission of a felony shall be im"osed u"on the "rinci"als in the commission of such felony. /henever the law "rescribes a "enalty for a felony is #eneral terms, it shall be understood as a""licable to the consummated felony. Ar&'c(e 02. ,n what cases the death penalty shall not be imposed. - The death "enalty shall be im"osed in all cases in which it must be im"osed under e!istin# laws, e!ce"t in the followin# cases& '. /hen the #uilty "erson be more than seventy years of a#e.

). /hen u"on a""eal or revision of the case by the (u"reme court, all the members thereof are not unanimous in their votin# as to the "ro"riety of the im"osition of the death "enalty. 5or the im"osition of said "enalty or for the confirmation of a %ud#ment of the inferior court im"osin# the death sentence, the (u"reme Court shall render its decision "er curiam, which shall be si#ned by all %ustices of said court, unless some member or members thereof shall have been dis6ualified from takin# "art in the consideration of the case, in which even the unanimous vote and si#nature of only the remainin# %ustices shall be re6uired. Ar&'c(e 08. %enalty for complex crimes. - /hen a sin#le act constitutes two or more #rave or less #rave felonies, or when an offense is a necessary means for committin# the other, the "enalty for the most serious crime shall be im"osed, the same to be a""lied in its ma!imum "eriod. Ar&'c(e 09. %enalty to be imposed upon the principals when the crime committed is different from that intended. - *n cases in which the felony committed is different from that which the offender intended to commit, the followin# rules shall be observed& '. *f the "enalty "rescribed for the felony committed be hi#her than that corres"ondin# to the offense which the accused intended to commit, the "enalty corres"ondin# to the latter shall be im"osed in its ma!imum "eriod. ). *f the "enalty "rescribed for the felony committed be lower than that corres"ondin# to the one which the accused intended to commit, the "enalty for the former shall be im"osed in its ma!imum "eriod. -. The rule established by the ne!t "recedin# "ara#ra"h shall not be a""licable if the acts committed by the #uilty "erson shall also constitute an attem"t or frustration of another crime, if the law "rescribes a hi#her "enalty for either of the latter offenses, in which case the "enalty "rovided for the attem"ted or the frustrated crime shall be im"osed in its ma!imum "eriod. Ar&'c(e 50. %enalty to be imposed upon principals of a frustrated crime. - The "enalty ne!t lower in de#ree than that "rescribed by law for the consummated felony shall be im"osed u"on the "rinci"al in a frustrated felony. Ar&'c(e 51. %enalty to be imposed upon principals of attempted crimes. - A "enalty lower by two de#rees than that "rescribed by law for the

consummated felony shall be im"osed u"on the "rinci"als in an attem"t to commit a felony. Ar&'c(e 5). %enalty to be imposed upon accomplices in consummated crime. - The "enalty ne!t lower in de#ree than that "rescribed by law for the consummated shall be im"osed u"on the accom"lices in the commission of a consummated felony. Ar&'c(e 53. %enalty to be imposed upon accessories to the commission of a consummated felony. - The "enalty lower by two de#rees than that "rescribed by law for the consummated felony shall be im"osed u"on the accessories to the commission of a consummated felony. Ar&'c(e 50. %enalty to imposed upon accomplices in a frustrated crime. - The "enalty ne!t lower in de#ree than "rescribed by law for the frustrated felony shall be im"osed u"on the accom"lices in the commission of a frustrated felony. Ar&'c(e 55. %enalty to be imposed upon accessories of a frustrated crime. The "enalty lower by two de#rees than that "rescribed by law for the frustrated felony shall be im"osed u"on the accessories to the commission of a frustrated felony. Ar&'c(e 51. %enalty to be imposed upon accomplices in an attempted crime. The "enalty ne!t lower in de#ree than that "rescribed by law for an attem"t to commit a felony shall be im"osed u"on the accom"lices in an attem"t to commit the felony. Ar&'c(e 52. %enalty to be imposed upon accessories of an attempted crime. The "enalty lower by two de#rees than that "rescribed by law for the attem"ted felony shall be im"osed u"on the accessories to the attem"t to commit a felony. Ar&'c(e 58. Additional penalty to be imposed upon certain accessories. Those accessories fallin# within the terms of "ara#ra"hs - of Article '> of this Code who should act with abuse of their "ublic functions, shall suffer the additional "enalty of absolute "er"etual dis6ualification if the "rinci"al offender shall be #uilty of a #rave felony, and that of absolute tem"orary dis6ualification if he shall be #uilty of a less #rave felony. Ar&'c(e 59. %enalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. - /hen the "erson intendin# to commit an offense has already "erformed the acts for the e!ecution of the same but nevertheless the crime was not "roduced by reason of the fact that the act intended was by its nature one of im"ossible

accom"lishment or because the means em"loyed by such "erson are essentially inade6uate to "roduce the result desired by him, the court, havin# in mind the social dan#er and the de#ree of criminality shown by the offender, shall im"ose u"on him the "enalty of arresto mayor or a fine from )99 to 099 "esos. Ar&'c(e 10. 'xception to the rules established in Articles -. to -/. - The "rovisions contained in Articles 09 to 0=, inclusive, of this Code shall not be a""licable to cases in which the law e!"ressly "rescribes the "enalty "rovided for a frustrated or attem"ted felony, or to be im"osed u"on accom"lices or accessories. Ar&'c(e 11. &ules for graduating penalties. - 5or the "ur"ose of #raduatin# the "enalties which, accordin# to the "rovisions of Articles 09 to 0=, inclusive, of this Code, are to be im"osed u"on "ersons #uilty as "rinci"als of any frustrated or attem"ted felony, or as accom"lices or accessories, the followin# rules shall be observed& '. /hen the "enalty "rescribed for the felony is sin#le and indivisible, the "enalty ne!t lower in de#rees shall be that immediately followin# that indivisible "enalty in the res"ective #raduated scale "rescribed in Article =' of this Code. ). /hen the "enalty "rescribed for the crime is com"osed of two indivisible "enalties, or of one or more divisible "enalties to be im"ose to their full e!tent, the "enalty ne!t lower in de#ree shall be that immediately followin# the lesser of the "enalties "rescribed in the res"ective #raduated scale. -. /hen the "enalty "rescribed for the crime is com"osed of one or two indivisible "enalties and the ma!imum "eriod of another divisible "enalty, the "enalty ne!t lower in de#ree shall be com"osed of the medium and minimum "eriods of the "ro"er divisible "enalty and the ma!imum "eriods of the "ro"er divisible "enalty and the ma!imum "eriod of that immediately followin# in said res"ective #raduated scale. .. when the "enalty "rescribed for the crime is com"osed of several "eriods, corres"ondin# to different divisible "enalties, the "enalty ne!t lower in de#ree shall be com"osed of the "eriod immediately followin# the minimum "rescribed and of the two ne!t followin#, which shall be taken from the "enalty "rescribed, if "ossible, otherwise from the "enalty immediately followin# in the above mentioned res"ective #raduated scale.

0. /hen the law "rescribes a "enalty for a crime in some manner not es"ecially "rovided for in the four "recedin# rules, the courts, "roceedin# by analo#y, shall im"ose corres"ondin# "enalties u"on those #uilty as "rinci"als of the frustrated felony, or of attem"t to commit the same, and u"on accom"lices and accessories. TA"+LATI N $ THE PR VISI NS $ THE CHAPTER

Penalty to be im"osed u"on the Penalty to "rinci"al in be im"osed an u"on the attem"ted Penalty "rinci"al in crime, the Prescrib a frustrated accessory e for the crime, and in the crime accom"lice consummat in a ed crime consummat and the ed crime accom"lice s in a frustrated crime. 5irst Case 7eath Reclusion Per"etua Reclusion Tem"oral

Penalty to be im"osed u"on the accessory in a frustrated crime, and the accom"lic es in an attem"ted crime

Penalty to be im"osed u"on the accessory in an attem"ted crime

Prision Aayor

Prision Correccion al

Reclusi (econ on d Per"etu Case a to 7eath Reclusi on Tem"or al in its ma!imu m "eriod to death

Reclusion Tem"oral

Prision Aayor

Prision Correccio nal Arresto Aayor in itBs ma!imum "eriod to "rision correccion al in its medium "eriod

Arresto Aayor

Third Case

Prision Aayor in its ma!imum "eriod to reclusion tem"oral in its medium "eriod

Prision correcciona l in its ma!imum "eriod to "rision mayor in its medium "eriod

5ine and Arresto Aayor in its minimum and medium "eriods

Prision Aayor in its ma!imu m "eriod 5ourth to Case reclusio n tem"ora l in its medium "eriod.

0. Cabitual delin6uency shall have the followin# effects& Prision correcciona l in its ma!imum "eriod to "rision mayor in its medium "eriod. Arresto mayor in its ma!imum "eriod to "rision correcciona l in its medium "eriod. 5ine and Arresto Aayor in its minimum and medium "eriods 3a4 :"on a third conviction the cul"rit shall be sentenced to the "enalty "rovided by law for the last crime of which he be found #uilty and to the additional "enalty of "rision correccional in its medium and ma!imum "eriods, 5ine. 3b4 :"on a fourth conviction, the cul"rit shall be sentenced to the "enalty "rovided for the last crime of which he be found #uilty and to the additional "enalty of "rision mayor in its minimum and medium "eriods, and 3c4 :"on a fifth or additional conviction, the cul"rit shall be sentenced to the "enalty "rovided for the last crime of which he be found #uilty and to the additional "enalty of "rision mayor in its ma!imum "eriod to reclusion tem"oral in its minimum "eriod. ?otwithstandin# the "rovisions of this article, the total of the two "enalties to be im"osed u"on the offender, in conformity herewith, shall in no case e!ceed -9 years. 5or the "ur"ose of this article, a "erson shall be deemed to be habitual delin6uent, is within a "eriod of ten years from the date of his release or last conviction of the crimes of serious or less serious "hysical in%uries, robo, hurto, estafa or falsification, he is found #uilty of any of said crimes a third time or oftener. Ar&'c(e 13. &ules for the application of indivisible penalties. - *n all cases in which the law "rescribes a sin#le indivisible "enalty, it shall be a""lied by the courts re#ardless of any miti#atin# or a##ravatin# circumstances that may have attended the commission of the deed. *n all cases in which the law "rescribes a "enalty com"osed of two indivisible "enalties, the followin# rules shall be observed in the a""lication thereof& '. /hen in the commission of the deed there is "resent only one a##ravatin# circumstance, the #reater "enalty shall be a""lied. ). /hen there are neither miti#atin# nor a##ravatin# circumstances and there is no a##ravatin# circumstance, the lesser "enalty shall be a""lied.

Sec&'o* T3o. - Rules for the a""lication of "enalties with re#ard to the miti#atin# and a##ravatin# circumstances, and habitual delin6uency. Ar&'c(e 1). 'ffect of the attendance of mitigating or aggravating circumstances and of habitual delin(uency. - Aiti#atin# or a##ravatin# circumstances and habitual delin6uency shall be taken into account for the "ur"ose of diminishin# or increasin# the "enalty in conformity with the followin# rules& '. A##ravatin# circumstances which in themselves constitute a crime s"ecially "unishable by law or which are included by the law in definin# a crime and "rescribin# the "enalty therefor shall not be taken into account for the "ur"ose of increasin# the "enalty. ). The same rule shall a""ly with res"ect to any a##ravatin# circumstance inherent in the crime to such a de#ree that it must of necessity accom"any the commission thereof. -. A##ravatin# or miti#atin# circumstances which arise from the moral attributes of the offender, or from his "rivate relations with the offended "arty, or from any other "ersonal cause, shall only serve to a##ravate or miti#ate the liability of the "rinci"als, accom"lices and accessories as to whom such circumstances are attendant. .. The circumstances which consist in the material e!ecution of the act, or in the means em"loyed to accom"lish it, shall serve to a##ravate or miti#ate the liability of those "ersons only who had knowled#e of them at the time of the e!ecution of the act or their coo"eration therein.

-. /hen the commission of the act is attended by some miti#atin# circumstances and there is no a##ravatin# circumstance, the lesser "enalty shall be a""lied. .. /hen both miti#atin# and a##ravatin# circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and im"ortance, for the "ur"ose of a""lyin# the "enalty in accordance with the "recedin# rules, accordin# to the result of such com"ensation. Ar&'c(e 10. &ules for the application of penalties which contain three periods. - *n cases in which the "enalties "rescribed by law contain three "eriods, whether it be a sin#le divisible "enalty or com"osed of three different "enalties, each one of which forms a "eriod in accordance with the "rovisions of Articles =; and ==, the court shall observe for the a""lication of the "enalty the followin# rules, accordin# to whether there are or are not miti#atin# or a##ravatin# circumstances& '. /hen there are neither a##ravatin# nor miti#atin# circumstances, they shall im"ose the "enalty "rescribed by law in its medium "eriod. ). /hen only a miti#atin# circumstances is "resent in the commission of the act, they shall im"ose the "enalty in its minimum "eriod. -. /hen an a##ravatin# circumstance is "resent in the commission of the act, they shall im"ose the "enalty in its ma!imum "eriod. .. /hen both miti#atin# and a##ravatin# circumstances are "resent, the court shall reasonably offset those of one class a#ainst the other accordin# to their relative wei#ht. 0. /hen there are two or more miti#atin# circumstances and no a##ravatin# circumstances are "resent, the court shall im"ose the "enalty ne!t lower to that "rescribed by law, in the "eriod that it may deem a""licable, accordin# to the number and nature of such circumstances. ;. /hatever may be the number and nature of the a##ravatin# circumstances, the courts shall not im"ose a #reater "enalty than that "rescribed by law, in its ma!imum "eriod. =. /ithin the limits of each "eriod, the court shall determine the e!tent of the "enalty accordin# to the number and nature of the

a##ravatin# and miti#atin# circumstances and the #reater and lesser e!tent of the evil "roduced by the crime. Ar&'c(e 15. &ule in cases in which the penalty is not composed of three periods. - *n cases in which the "enalty "rescribed by law is not com"osed of three "eriods, the courts shall a""ly the rules contained in the fore#oin# articles, dividin# into three e6ual "ortions of time included in the "enalty "rescribed, and formin# one "eriod of each of the three "ortions. Ar&'c(e 11. ,mposition of fines. - *n im"osin# fines the courts may fi! any amount within the limits established by law, in fi!in# the amount in each case attention shall be #iven, not only to the miti#atin# and a##ravatin# circumstances, but more "articularly to the wealth or means of the cul"rit. Ar&'c(e 12. %enalty to be imposed when not all the re(uisites of exemption of the fourth circumstance of Article 01 are present. - /hen all the conditions re6uired in circumstances ?umber . of Article ') of this Code to e!em"t from criminal liability are not "resent, the "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod shall be im"osed u"on the cul"rit if he shall have been #uilty of a #rave felony, and arresto mayor in its minimum and medium "eriods, if of a less #rave felony. Ar&'c(e 18. %enalty to be imposed upon a person under eighteen years of age. - /hen the offender is a minor under ei#hteen years and his case is one comin# under the "rovisions of the "ara#ra"hs ne!t to the last of Article <9 of this Code, the followin# rules shall be observed& '. :"on a "erson under fifteen but over nine years of a#e, who is not e!em"ted from liability by reason of the court havin# declared that he acted with discernment, a discretionary "enalty shall be im"osed, but always lower by two de#rees at least than that "rescribed by law for the crime which he committed. ). :"on a "erson over fifteen and under ei#hteen years of a#e the "enalty ne!t lower than that "rescribed by law shall be im"osed, but always in the "ro"er "eriod. Ar&'c(e 19. %enalty to be imposed when the crime committed is not wholly excusable. - A "enalty lower by one or two de#rees than that "rescribed by law shall be im"osed if the deed is not wholly e!cusable by reason of the lack of some of the conditions re6uired to %ustify the same or to e!em"t from criminal liability in the several cases mentioned in Article '' and '), "rovided that the ma%ority of such conditions be "resent. The courts shall im"ose the "enalty in the "eriod which may be deemed "ro"er, in view of the number and nature of the conditions of e!em"tion "resent or lackin#.

Ar&'c(e 20. +uccessive service of sentence. - /hen the cul"rit has to serve two or more "enalties, he shall serve them simultaneously if the nature of the "enalties will so "ermit otherwise, the followin# rules shall be observed& *n the im"osition of the "enalties, the order of their res"ective severity shall be followed so that they may be e!ecuted successively or as nearly as may be "ossible, should a "ardon have been #ranted as to the "enalty or "enalties first im"osed, or should they have been served out. 5or the "ur"ose of a""lyin# the "rovisions of the ne!t "recedin# "ara#ra"h the res"ective severity of the "enalties shall be determined in accordance with the followin# scale& '. 7eath, ). Reclusion "er"etua,

(uch ma!imum "eriod shall in no case e!ceed forty years. *n a""lyin# the "rovisions of this rule the duration of "er"etual "enalties 3"ena "er"etua4 shall be com"uted at thirty years. 3As amended4. Ar&'c(e 21. raduated scales. - *n the case in which the law "rescribed a "enalty lower or hi#her by one or more de#rees than another #iven "enalty, the rules "rescribed in Article ;' shall be observed in #raduatin# such "enalty. The lower or hi#her "enalty shall be taken from the #raduated scale in which is com"rised the #iven "enalty. The courts, in a""lyin# such lower or hi#her "enalty, shall observe the followin# #raduated scales& (CA8 ?1. '

-. Reclusion tem"oral, '. 7eath, .. Prision mayor, ). Reclusion "er"etua, 0. Prision correccional, -. Reclusion tem"oral, ;. Arresto mayor, .. Prision mayor, =. Arresto menor, 0. Prision correccional, <. 7estierro, ;. Arresto mayor, >. Per"etual absolute dis6ualification, =. 7estierro, '9 Tem"oral absolute dis6ualification. <. Arresto menor, ''. (us"ension from "ublic office, the ri#ht to vote and be voted for, the ri#ht to follow a "rofession or callin#, and '). Public censure. ?otwithstandin# the "rovisions of the rule ne!t "recedin#, the ma!imum duration of the convictBs sentence shall not be more than three-fold the len#th of time corres"ondin# to the most severe of the "enalties im"osed u"on him. ?o other "enalty to which he may be liable shall be inflicted after the sum total of those im"osed e6uals the same ma!imum "eriod. >. Public censure, '9. 5ine. (CA8 ?1. ) '. Per"etual absolute dis6ualification, ). Tem"oral absolute dis6ualification

-. (us"ension from "ublic office, the ri#ht to vote and be voted for, the ri#ht to follow a "rofession or callin#, .. Public censure, 0. 5ine. Ar&'c(e 2) %reference in the payment of the civil liabilities. - The civil liabilities of a "erson found #uilty of two or more offenses shall be satisfied by followin# the chronolo#ical order of the dates of the %ud#ments rendered a#ainst him, be#innin# with the first in order of time. Sec&'o* T-ree. - %rovisions common in the last two preceding sections Ar&'c(e 23. %resumption in regard to the imposition of accessory penalties. /henever the courts shall im"ose a "enalty which, by "rovision of law, carries with it other "enalties, accordin# to the "rovisions of Articles .9, .', .), .- and .. of this Code, it must be understood that the accessory "enalties are also im"osed u"on the convict. Ar&'c(e 20. %enalty higher than reclusion perpetua in certain cases. - *n cases in which the law "rescribes a "enalty hi#her than another #iven "enalty, without s"ecially desi#natin# the name of the former, if such hi#her "enalty should be that of death, the same "enalty and the accessory "enalties of Article .9, shall be considered as the ne!t hi#her "enalty. Ar&'c(e 25. ,ncreasing or reducing the penalty of fine by one or more degrees. - /henever it may be necessary to increase or reduce the "enalty of fine by one or more de#rees, it shall be increased or reduced, res"ectively, for each de#ree, by one-fourth of the ma!imum amount "rescribed by law, without however, chan#in# the minimum. The same rules shall be observed with re#ard of fines that do not consist of a fi!ed amount, but are made "ro"ortional. Ar&'c(e 21. 2egal period of duration of divisible penalties. - The le#al "eriod of duration of divisible "enalties shall be considered as divided into three "arts, formin# three "eriods, the minimum, the medium, and the ma!imum in the manner shown in the followin# table& TA"LE SH !ING THE D+RATI N $ DIVISI"LE PENALTIES AND THE TI%E INCL+DED IN EACH $ THEIR PERI DS

Penalties

Time

Time

Time

Time

included in included in its included in its included in its the "enalty in minimum medium ma!imum its entirety "eriod "eriod 5rom ') years and ' day to )9 years. 5rom ') years and ' day to '. years and < months. 5rom '. years, < months and ' day to '= years and . months. 5rom '= years, . months and ' day to )9 years.

Reclusion tem"oral

Prision mayor, absolute 5rom ; years dis6ualification and ' day to and s"ecial ') years. tem"orary dis6ualification Prision correccional, sus"ension and destierro

5rom ; years and ' day to < years.

5rom < years and ' day to '9 years.

5rom '9 years and ' day to ') years.

5rom ; 5rom ; months and ' months and ' day to ) day to ; years and . years. months. 5rom ' month and ' day to months. 5rom ' to -9 days.

5rom ) years, . months and ' day to . years and ) months. 5rom ) months and ' day to . months. 5rom '' to )9 days.

5rom . years, ) months and ' day to ; years. 5rom . months and ' day to ; months. 5rom )' to -9 days.

Arresto mayor

5rom ' to ) months. 5rom ' to '9 days.

Arresto menor

Ar&'c(e 22. When the penalty is a complex one composed of three distinct penalties. - *n cases in which the law "rescribes a "enalty com"osed of three distinct "enalties, each one shall form a "eriod, the li#htest of them shall be the minimum the ne!t the medium, and the most severe the ma!imum "eriod. /henever the "enalty "rescribed does not have one of the forms s"ecially "rovided for in this Code, the "eriods shall be distributed, a""lyin# by analo#y the "rescribed rules.

C-./&er $'7e E5EC+TI N AND SERVICE Sec&'o* *e. -

$ PENALTIES

eneral %rovisions

Ar&'c(e 28. When and how a penalty is to be executed. - ?o "enalty shall be e!ecuted e!ce"t by virtue of a final %ud#ment. A "enalty shall not be e!ecuted in any other form than that "rescribed by law, nor with any other circumstances or incidents than those e!"ressly authori$ed thereby. *n addition to the "rovisions of the law, the s"ecial re#ulations "rescribed for the #overnment of the institutions in which the "enalties are to be suffered shall be observed with re#ard to the character of the work to be "erformed, the time of its "erformance, and other incidents connected therewith, the relations of the convicts amon# themselves and other "ersons, the relief which they may receive, and their diet. The re#ulations shall make "rovision for the se"aration of the se!es in different institutions, or at least into different de"artments and also for the correction and reform of the convicts. Ar&'c(e 29. +uspension of the execution and service of the penalties in case of insanity. - /hen a convict shall become insane or an imbecile after final sentence has been "ronounced, the e!ecution of said sentence shall be sus"ended only with re#ard to the "ersonal "enalty, the "rovisions of the second "ara#ra"h of circumstance number ' of Article ') bein# observed in the corres"ondin# cases. *f at any time the convict shall recover his reason, his sentence shall be e!ecuted, unless the "enalty shall have "rescribed in accordance with the "rovisions of this Code. The res"ective "rovisions of this section shall also be observed if the insanity or imbecility occurs while the convict is servin# his sentence. Ar&'c(e 80. +uspension of sentence of minor delin(uents. - /henever a minor of either se!, under si!teen years of a#e at the date of the commission of a #rave or less #rave felony, is accused thereof, the court, after hearin# the evidence in the "ro"er "roceedin#s, instead of "ronouncin# %ud#ment of conviction, shall sus"end all further "roceedin#s and shall commit such minor to the custody or care of a "ublic or "rivate, benevolent or charitable institution, established under the law of the care, correction or education of or"haned, homeless, defective, and delin6uent children, or to the custody or

care of any other res"onsible "erson in any other "lace sub%ect to visitation and su"ervision by the 7irector of Public /elfare or any of his a#ents or re"resentatives, if there be any, or otherwise by the su"erintendent of "ublic schools or his re"resentatives, sub%ect to such conditions as are "rescribed hereinbelow until such minor shall have reached his ma%ority a#e or for such less "eriod as the court may deem "ro"er. The court, in committin# said minor as "rovided above, shall take into consideration the reli#ion of such minor, his "arents or ne!t of kin, in order to avoid his commitment to any "rivate institution not under the control and su"ervision of the reli#ious sect or denomination to which they belon#. The 7irector of Public /elfare or his duly authori$ed re"resentatives or a#ents, the su"erintendent of "ublic schools or his re"resentatives, or the "erson to whose custody or care the minor has been committed, shall submit to the court every four months and as often as re6uired in s"ecial cases, a written re"ort on the #ood or bad conduct of said minor and the moral and intellectual "ro#ress made by him. The sus"ension of the "roceedin#s a#ainst a minor may be e!tended or shortened by the court on the recommendation of the 7irector of Public /elfare or his authori$ed re"resentative or a#ents, or the su"erintendent of "ublic schools or his re"resentatives, accordin# as to whether the conduct of such minor has been #ood or not and whether he has com"lied with the conditions im"osed u"on him, or not. The "rovisions of the first "ara#ra"h of this article shall not, however, be affected by those contained herein. *f the minor has been committed to the custody or care of any of the institutions mentioned in the first "ara#ra"h of this article, with the a""roval of the 7irector of Public /elfare and sub%ect to such conditions as this official in accordance with law may deem "ro"er to im"ose, such minor may be allowed to stay elsewhere under the care of a res"onsible "erson. *f the minor has behaved "ro"erly and has com"lied with the conditions im"osed u"on him durin# his confinement, in accordance with the "rovisions of this article, he shall be returned to the court in order that the same may order his final release. *n case the minor fails to behave "ro"erly or to com"ly with the re#ulations of the institution to which he has been committed or with the conditions im"osed u"on him when he was committed to the care of a res"onsible "erson, or in case he should be found incorri#ible 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 %ud#ment corres"ondin# to the crime committed by him.

The e!"enses for the maintenance of a minor delin6uent confined in the institution to which he has been committed, shall be borne totally or "artially by his "arents or relatives or those "ersons liable to su""ort him, if they are able to do so, in the discretion of the court, Provided, That in case his "arents or relatives or those "ersons liable to su""ort him have not been ordered to "ay said e!"enses or are found indi#ent and cannot "ay said e!"enses, the munici"ality in which the offense was committed shall "ay one-third of said e!"enses, the "rovince to which the munici"ality belon#s shall "ay one-third, and the remainin# one-third shall be borne by the ?ational +overnment& Provided, however, That whenever the (ecretary of 5inance certifies that a munici"ality is not able to "ay its share in the e!"enses above mentioned, such share which is not "aid by said munici"ality shall be borne by the ?ational +overnment. Chartered cities shall "ay two-thirds of said e!"enses, and in case a chartered city cannot "ay said e!"enses, the internal revenue allotments which may be due to said city shall be withheld and a""lied in settlement of said indebtedness in accordance with section five hundred and ei#hty-ei#ht of the Administrative Code. Sec&'o* T3o. - 'xecution of principal penalties. Ar&'c(e 81. When and how the death penalty is to be executed. - The death sentence shall be e!ecuted with reference to any other and shall consist in "uttin# the "erson under sentence to death by electrocution. The death sentence shall be e!ecuted under the authority of the 7irector of Prisons, endeavorin# so far as "ossible to miti#ate the sufferin#s of the "erson under sentence durin# electrocution as well as durin# the "roceedin#s "rior to the e!ecution. *f the "erson under sentence so desires, he shall be anaestheti$ed at the moment of the electrocution. Ar&'c(e 8). 3otification and execution of the sentence and assistance to the culprit. - The court shall desi#nate a workin# day for the e!ecution but not the hour thereof, and such desi#nation shall not be communicated to the offender before sunrise of said day, and the e!ecution shall not take "lace until after the e!"iration of at least ei#ht hours followin# the notification, but before sunset. 7urin# the interval between the notification and the e!ecution, the cul"rit shall, in so far as "ossible, be furnished such assistance as he may re6uest in order to be attended in his last moments by "riests or ministers of the reli#ion he "rofesses and to consult lawyers, as well as in order to make a will and confer with members of his family or "ersons in char#e of the mana#ement of his business, of the administration of his "ro"erty, or of the care of his descendants.

Ar&'c(e 83. +uspension of the execution of the death sentence. - The death sentence shall not be inflicted u"on a woman within the three years ne!t followin# the date of the sentence or while she is "re#nant, nor u"on any "erson over seventy years of a#e. *n this last case, the death sentence shall be commuted to the "enalty of reclusion "er"etua with the accessory "enalties "rovided in Article .9. Ar&'c(e 80. %lace of execution and persons who may witness the same. - The e!ecution shall take "lace in the "enitentiary of 2ilibid in a s"ace closed to the "ublic view and shall be witnessed only by the "riests assistin# the offender and by his lawyers, and by his relatives, not e!ceedin# si!, if he so re6uest, by the "hysician and the necessary "ersonnel of the "enal establishment, and by such "ersons as the 7irector of Prisons may authori$e. Ar&'c(e 85. %rovisions relative to the corpse of the person executed and its burial. - :nless claimed by his family, the cor"se of the cul"rit shall, u"on the com"letion of the le#al "roceedin#s subse6uent to the e!ecution, be turned over to the institute of learnin# or scientific research first a""lyin# for it, for the "ur"ose of study and investi#ation, "rovided that such institute shall take char#e of the decent burial of the remains. 1therwise, the 7irector of Prisons shall order the burial of the body of the cul"rit at #overnment e!"ense, #rantin# "ermission to be "resent thereat to the members of the family of the cul"rit and the friends of the latter. *n no case shall the burial of the body of a "erson sentenced to death be held with "om". Ar&'c(e 81. &eclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. - The "enalties of reclusion "er"etua, reclusion tem"oral, "rision mayor, "rision correccional and arresto mayor, shall be e!ecuted and served in the "laces and "enal establishments "rovided by the Administrative Code in force or which may be "rovided by law in the future. Ar&'c(e 82. Destierro. - Any "erson sentenced to destierro shall not be "ermitted to enter the "lace or "laces desi#nated in the sentence, nor within the radius therein s"ecified, which shall be not more than )09 and not less than )0 kilometers from the "lace desi#nated. Ar&'c(e 88. Arresto menor. - The "enalty of arresto menor shall be served in the munici"al %ail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so "rovides in its decision, takin# into consideration the health of the offender and other reasons which may seem satisfactory to it. T'&(e $o6r

E5TINCTI N

$ CRI%INAL LIA"ILIT,

C-./&er *e T TAL E5TINCTI N

$ CRI%INAL LIA"ILIT,

/hen the "enalty fi!ed by law is a com"ound one, the hi#hest "enalty shall be made the basis of the a""lication of the rules contained in the first, second and third "ara#ra"hs of this article. 3As amended by RA .;;', a""roved June '>, '>;;4. Ar&'c(e 91. Computation of prescription of offenses. - The "eriod of "rescri"tion shall commence to run from the day on which the crime is discovered by the offended "arty, the authorities, or their a#ents, and shall be interru"ted by the filin# of the com"laint or information, and shall commence to run a#ain when such "roceedin#s terminate without the accused bein# convicted or ac6uitted, or are un%ustifiably sto""ed for any reason not im"utable to him. The term of "rescri"tion shall not run when the offender is absent from the Phili""ine Archi"ela#o. Ar&'c(e 9). When and how penalties prescribe. - The "enalties im"osed by final sentence "rescribe as follows& '. 7eath and reclusion "er"etua, in twenty years, ). 1ther afflictive "enalties, in fifteen years, -. Correctional "enalties, in ten years, with the e!ce"tion of the "enalty of arresto mayor, which "rescribes in five years, .. 8i#ht "enalties, in one year. Ar&'c(e 93. Computation of the prescription of penalties. - The "eriod of "rescri"tion of "enalties shall commence to run from the date when the cul"rit should evade the service of his sentence, and it shall be interru"ted if the defendant should #ive himself u", be ca"tured, should #o to some forei#n country with which this +overnment has no e!tradition treaty, or should commit another crime before the e!"iration of the "eriod of "rescri"tion. C-./&er T3o PARTIAL E5TINCTI N

Ar&'c(e 89. 4ow criminal liability is totally extinguished. - Criminal liability is totally e!tin#uished& '. 2y the death of the convict, as to the "ersonal "enalties and as to "ecuniary "enalties, liability therefor is e!tin#uished only when the death of the offender occurs before final %ud#ment. ). 2y service of the sentence, -. 2y amnesty, which com"letely e!tin#uishes the "enalty and all its effects, .. 2y absolute "ardon, 0. 2y "rescri"tion of the crime, ;. 2y "rescri"tion of the "enalty, =. 2y the marria#e of the offended woman, as "rovided in Article -.. of this Code. Ar&'c(e 90. %rescription of crime. - Crimes "unishable by death, reclusion "er"etua or reclusion tem"oral shall "rescribe in twenty years. Crimes "unishable by other afflictive "enalties shall "rescribe in fifteen years. Those "unishable by a correctional "enalty shall "rescribe in ten years, with the e!ce"tion of those "unishable by arresto mayor, which shall "rescribe in five years. The crime of libel or other similar offenses shall "rescribe in one year. The crime of oral defamation and slander by deed shall "rescribe in si! months. 8i#ht offenses "rescribe in two months.

$ CRI%INAL LIA"ILIT,

Ar&'c(e 90. %artial 'xtinction of criminal liability. - Criminal liability is e!tin#uished "artially& '. 2y conditional "ardon, ). 2y commutation of the sentence, and

-. 5or #ood conduct allowances which the cul"rit may earn while he is servin# his sentence. Ar&'c(e 95. !bligation incurred by person granted conditional pardon. - Any "erson who has been #ranted conditional "ardon shall incur the obli#ation of com"lyin# strictly with the conditions im"osed therein otherwise, his noncom"liance with any of the conditions s"ecified shall result in the revocation of the "ardon and the "rovisions of Article '0> shall be a""lied to him. Ar&'c(e 91. 'ffect of commutation of sentence. - The commutation of the ori#inal sentence for another of a different len#th and nature shall have the le#al effect of substitutin# the latter in the "lace of the former. Ar&'c(e 92. Allowance for good conduct. - The #ood conduct of any "risoner in any "enal institution shall entitle him to the followin# deductions from the "eriod of his sentence& '. 7urin# the first two years of his im"risonment, he shall be allowed a deduction of five days for each month of #ood behavior, ). 7urin# the third to the fifth year, inclusive, of his im"risonment, he shall be allowed a deduction of ei#ht days for each month of #ood behavior, -. 7urin# the followin# years until the tenth year, inclusive, of his im"risonment, he shall be allowed a deduction of ten days for each month of #ood behavior, and .. 7urin# the eleventh and successive years of his im"risonment, he shall be allowed a deduction of fifteen days for each month of #ood behaviour. Ar&'c(e 98. +pecial time allowance for loyalty. - A deduction of one-fifth of the "eriod of his sentence shall be #ranted to any "risoner who, havin# evaded the service of his sentence under the circumstances mentioned in Article 0< of this Code, #ives himself u" to the authorities within .< hours followin# the issuance of a "roclamation announcin# the "assin# away of the calamity or catastro"he to in said article. Ar&'c(e 99. Who grants time allowances. - /henever lawfully %ustified, the 7irector of Prisons shall #rant allowances for #ood conduct. (uch allowances once #ranted shall not be revoked. T'&(e $'7e

CIVIL LIA"ILIT, C-./&er *e PERS N CIVILL, LIA"LE $ R $EL NIES Ar&'c(e 100. Civil liability of a person guilty of felony. - very "erson criminally liable for a felony is also civilly liable. Ar&'c(e 101. &ules regarding civil liability in certain cases. - The e!em"tion from criminal liability established in subdivisions ', ), -, 0 and ; of Article ') and in subdivision . of Article '' of this Code does not include e!em"tion from civil liability, which shall be enforced sub%ect to the followin# rules& 5irst. *n cases of subdivisions ', ), and - of Article '), the civil liability for acts committed by an imbecile or insane "erson, and by a "erson under nine years of a#e, or by one over nine but under fifteen years of a#e, who has acted without discernment, shall devolve u"on those havin# such "erson under their le#al authority or control, unless it a""ears that there was no fault or ne#li#ence on their "art. (hould there be no "erson havin# such insane, imbecile or minor under his authority, le#al #uardianshi" or control, or if such "erson be insolvent, said insane, imbecile, or minor shall res"ond with their own "ro"erty, e!ce"tin# "ro"erty e!em"t from e!ecution, in accordance with the civil law. (econd. *n cases fallin# within subdivision . of Article '', the "ersons for whose benefit the harm has been "revented shall be civilly liable in "ro"ortion to the benefit which they may have received. The courts shall determine, in sound discretion, the "ro"ortionate amount for which each one shall be liable. /hen the res"ective shares cannot be e6uitably determined, even a""ro!imately, or when the liability also attaches to the +overnment, or to the ma%ority of the inhabitants of the town, and, in all events, whenever the dama#es have been caused with the consent of the authorities or their a#ents, indemnification shall be made in the manner "rescribed by s"ecial laws or re#ulations. Third. *n cases fallin# within subdivisions 0 and ; of Article '), the "ersons usin# violence or causin# the fears shall be "rimarily liable and secondarily, or, if there be no such "ersons, those doin# the act shall be liable, savin# always to the latter that "art of their "ro"erty e!em"t from e!ecution.

Ar&'c(e 10). +ubsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. - *n default of the "ersons criminally liable, innkee"ers, tavernkee"ers, and any other "ersons or cor"orations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of munici"al ordinances or some #eneral or s"ecial "olice re#ulation shall have been committed by them or their em"loyees. *nnkee"ers are also subsidiarily liable for the restitution of #oods taken by robbery or theft within their houses from #uests lod#in# therein, or for the "ayment of the value thereof, "rovided that such #uests shall have notified in advance the innkee"er himself, or the "erson re"resentin# him, of the de"osit of such #oods within the inn, and shall furthermore have followed the directions which such innkee"er or his re"resentative may have #iven them with res"ect to the care and vi#ilance over such #oods. ?o liability shall attach in case of robbery with violence a#ainst or intimidation of "ersons unless committed by the innkee"erBs em"loyees. Ar&'c(e 103. +ubsidiary civil liability of other persons. - The subsidiary liability established in the ne!t "recedin# article shall also a""ly to em"loyers, teachers, "ersons, and cor"orations en#a#ed in any kind of industry for felonies committed by their servants, "u"ils, workmen, a""rentices, or em"loyees in the dischar#e of their duties. C-./&er T3o !HAT CIVIL LIA"ILIT, INCL+DES Ar&'c(e 100. What is included in civil liability. - The civil liability established in Articles '99, '9', '9), and '9- of this Code includes& '. Restitution, ). Re"aration of the dama#e caused, -. *ndemnification for conse6uential dama#es. Ar&'c(e 105. &estitution* 4ow made. - The restitution of the thin# itself must be made whenever "ossible, with allowance for any deterioration, or diminution of value as determined by the court. The thin# itself shall be restored, even thou#h it be found in the "ossession of a third "erson who has ac6uired it by lawful means, savin# to the latter his action a#ainst the "ro"er "erson, who may be liable to him.

This "rovision is not a""licable in cases in which the thin# has been ac6uired by the third "erson in the manner and under the re6uirements which, by law, bar an action for its recovery. Ar&'c(e 101. &eparation* 4ow made. - The court shall determine the amount of dama#e, takin# into consideration the "rice of the thin#, whenever "ossible, and its s"ecial sentimental value to the in%ured "arty, and re"aration shall be made accordin#ly. Ar&'c(e 102. ,ndemnification* What is included. - *ndemnification for conse6uential dama#es shall include not only those caused the in%ured "arty, but also those suffered by his family or by a third "erson by reason of the crime. Ar&'c(e 108. !bligation to make restoration, reparation for damages, or indemnification for conse(uential damages and actions to demand the same* 5pon whom it devolves. - The obli#ation to make restoration or re"aration for dama#es and indemnification for conse6uential dama#es devolves u"on the heirs of the "erson liable. The action to demand restoration, re"aration, and indemnification likewise descends to the heirs of the "erson in%ured. Ar&'c(e 109. +hare of each person civilly liable. - *f there are two or more "ersons civilly liable for a felony, the courts shall determine the amount for which each must res"ond. Ar&'c(e 110. +everal and subsidiary liability of principals, accomplices and accessories of a felony* %reference in payment. - ?otwithstandin# the "rovisions of the ne!t "recedin# article, the "rinci"als, accom"lices, and accessories, each within their res"ective class, shall be liable severally 3in solidum4 amon# themselves for their 6uotas, and subsidiaries for those of the other "ersons liable. The subsidiary liability shall be enforced, first a#ainst the "ro"erty of the "rinci"als, ne!t, a#ainst that of the accom"lices, and, lastly, a#ainst that of the accessories. /henever the liability in solidum or the subsidiary liability has been enforced, the "erson by whom "ayment has been made shall have a ri#ht of action a#ainst the others for the amount of their res"ective shares. Ar&'c(e 111. !bligation to make restitution in certain cases. - Any "erson who has "artici"ated #ratuitously in the "roceeds of a felony shall be bound to make restitution in an amount e6uivalent to the e!tent of such "artici"ation.

C-./&er T-ree E5TINCTI N AND S+RVIVAL

$ CIVIL LIA"ILIT,

Ar&'c(e 11). 'xtinction of civil liability. - Civil liability established in Articles '99, '9', '9), and '9- of this Code shall be e!tin#uished in the same manner as obli#ations, in accordance with the "rovisions of the Civil 8aw. Ar&'c(e 113. !bligation to satisfy civil liability. - !ce"t in case of e!tinction of his civil liability as "rovided in the ne!t "recedin# article the offender shall continue to be obli#ed to satisfy the civil liability resultin# from the crime committed by him, notwithstandin# the fact that he has served his sentence consistin# of de"rivation of liberty or other ri#hts, or has not been re6uired to serve the same by reason of amnesty, "ardon, commutation of sentence or any other reason. " # T! CRI%ES AND PENALTIES T'&(e *e $ NATI NS

Ar&'c(e 115. Conspiracy and proposal to commit treason* %enalty. - The cons"iracy or "ro"osal to commit the crime of treason shall be "unished res"ectively, by "rision mayor and a fine not e!ceedin# P'9,999 "esos, and "rision correccional and a fine not e!ceedin# P0,999 "esos. Ar&'c(e 111. $isprision of treason. - very "erson owin# alle#iance to 3the :nited (tates4 the +overnment of the Phili""ine *slands, without bein# a forei#ner, and havin# knowled#e of any cons"iracy a#ainst them, conceals or does not disclose and make known the same, as soon as "ossible to the #overnor or fiscal of the "rovince, or the mayor or fiscal of the city in which he resides, as the case may be, shall be "unished as an accessory to the crime of treason. Ar&'c(e 112. 'spionage. - The "enalty of "rision correccional shall be inflicted u"on any "erson who& '. /ithout authority therefor, enters a warshi", fort, or naval or military establishment or reservation to obtain any information, "lans, "hoto#ra"hs, or other data of a confidential nature relative to the defense of the Phili""ine Archi"ela#o, or ). 2ein# in "ossession, by reason of the "ublic office he holds, of the articles, data, or information referred to in the "recedin# "ara#ra"h, discloses their contents to a re"resentative of a forei#n nation. The "enalty ne!t hi#her in de#ree shall be im"osed if the offender be a "ublic officer or em"loyee. Sec&'o* T3o. - %rovoking war and disloyalty in case of war Ar&'c(e 118. ,nciting to war or giving motives for reprisals. - The "enalty of reclusion tem"oral shall be im"osed u"on any "ublic officer or em"loyee, and that of "rision mayor u"on any "rivate individual, who, by unlawful or unauthori$ed acts "rovokes or #ives occasion for a war involvin# or liable to involve the Phili""ine *slands or e!"oses 5ili"ino citi$ens to re"risals on their "ersons or "ro"erty. Ar&'c(e 119. 6iolation of neutrality. - The "enalty of "rision correccional shall be inflicted u"on anyone who, on the occasion of a war in which the +overnment is not involved, violates any re#ulation issued by com"etent authority for the "ur"ose of enforcin# neutrality. Ar&'c(e 1)0. Correspondence with hostile country. - Any "erson who in time of war, shall have corres"ondence with an enemy country or territory occu"ied by enemy troo"s shall be "unished&

CRI%ES AGAINST NATI NAL SEC+RIT, AND THE LA! C-./&er *e CRI%ES AGAINST NATI NAL SEC+RIT, Sec&'o* *e. - Treason and espionage

Ar&'c(e 110. Treason. - Any "erson who, owin# alle#iance to 3the :nited (tates or4 the +overnment of the Phili""ine *slands, not bein# a forei#ner, levies war a#ainst them or adheres to their enemies, #ivin# them aid or comfort within the Phili""ine *slands or elsewhere, shall be "unished by reclusion tem"oral to death and shall "ay a fine not to e!ceed P)9,999 "esos. ?o "erson shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in o"en court. 8ikewise, an alien, residin# in the Phili""ine *slands, who commits acts of treason as defined in "ara#ra"h ' of this Article shall be "unished by "rision mayor to death and shall "ay a fine not to e!ceed P)9,999 "esos. 3As amended by .1. ?o. .., Aay -', '>.04.

'. 2y "rision correccional, if the corres"ondence has been "rohibited by the +overnment, ). 2y "rision mayor, if such corres"ondence be carried on in ci"hers or conventional si#ns, and -. 2y reclusion tem"oral, if notice or information be #iven thereby which mi#ht be useful to the enemy. *f the offender intended to aid the enemy by #ivin# such notice or information, he shall suffer the "enalty of reclusion tem"oral to death. Ar&'c(e 1)1. 7light to enemy country. - The "enalty of arresto mayor shall be inflicted u"on any "erson who, owin# alle#iance to the +overnment, attem"ts to flee or #o to an enemy country when "rohibited by com"etent authority. Sec&'o* T-ree. - %iracy and mutiny on the high seas or in %hilippine waters Ar&'c(e 1)). %iracy in general and mutiny on the high seas. - The "enalty of reclusion tem"oral shall be inflicted u"on any "erson who, on the hi#h seas, shall attack or sei$e a vessel or, not bein# a member of its com"lement nor a "assen#er, shall sei$e the whole or "art of the car#o of said vessel, its e6ui"ment, or "ersonal belon#in#s of its com"lement or "assen#ers. The same "enalty shall be inflicted in case of mutiny on the hi#h seas or in Phili""ine waters. Ar&'c(e 1)3. 8ualified piracy. - The "enalty of reclusion tem"oral to death shall be im"osed u"on those who commit any of the crimes referred to in the "recedin# article, under any of the followin# circumstances& '. /henever they have sei$ed a vessel by boardin# or firin# u"on the same, ). /henever the "irates have abandoned their victims without means of savin# themselves, or -. /henever the crime is accom"anied by murder, homicide, "hysical in%uries or ra"e. T'&(e T3o CRI%ES AGAINST THE $+NDA%ENTAL LA!S C-./&er *e $ THE STATE

AR"ITRAR, DETENTI N R E5P+LSI N, VI LATI N $ D!ELLING, PR HI"ITI N, INTERR+PTI N, AND DISS L+TI N $ PEACE$+L %EETINGS AND CRI%ES AGAINST RELIGI +S ! RSHIP Sec&'o* *e. - Arbitrary detention and expulsion

Ar&'c(e 1)0. Arbitrary detention. - Any "ublic officer or em"loyee who, without le#al #rounds, detains a "erson, shall suffer, '. The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod, if the detention has not e!ceeded three days, ). The "enalty of "rision correccional in its medium and ma!imum "eriods, if the detention has continued more than three but not more than fifteen days, -. The "enalty of "rision mayor, if the detention has continued for more than fifteen days but not more than si! months, and .. That of reclusion tem"oral, if the detention shall have e!ceeded si! months. The commission of a crime, or violent insanity or any other ailment re6uirin# the com"ulsory confinement of the "atient in a hos"ital, shall be considered le#al #rounds for the detention of any "erson. Ar&'c(e 1)5. Delay in the delivery of detained persons to the proper "udicial authorities. - The "enalties "rovided in the ne!t "recedin# article shall be im"osed u"on the "ublic officer or em"loyee who shall detain any "erson for some le#al #round and shall fail to deliver such "erson to the "ro"er %udicial authorities within the "eriod of, twelve 3')4 hours, for crimes or offenses "unishable by li#ht "enalties, or their e6uivalent, ei#hteen 3'<4 hours, for crimes or offenses "unishable by correctional "enalties, or their e6uivalent and thirty-si! 3-;4 hours, for crimes, or offenses "unishable by afflictive or ca"ital "enalties, or their e6uivalent. *n every case, the "erson detained shall be informed of the cause of his detention and shall be allowed u"on his re6uest, to communicate and confer at any time with his attorney or counsel. 3As amended by .1. ?os. 0> and )=), ?ov. =, '><; and July )0, '><=, res"ectively4. Ar&'c(e 1)1. Delaying release. - The "enalties "rovided for in Article '). shall be im"osed u"on any "ublic officer or em"loyee who delays for the "eriod of time s"ecified therein the "erformance of any %udicial or e!ecutive order for the release of a "risoner or detention "risoner, or unduly delays the service

of the notice of such order to said "risoner or the "roceedin#s u"on any "etition for the liberation of such "erson. Ar&'c(e 1)2. 'xpulsion. - The "enalty of "rision correccional shall be im"osed u"on any "ublic officer or em"loyee who, not bein# thereunto authori$ed by law, shall e!"el any "erson from the Phili""ine *slands or shall com"el such "erson to chan#e his residence. Sec&'o* T3o. - 6iolation of domicile

The same "enalty shall be im"osed u"on a "ublic officer or em"loyee who shall hinder any "erson from %oinin# any lawful association or from attendin# any of its meetin#s. The same "enalty shall be im"osed u"on any "ublic officer or em"loyee who shall "rohibit or hinder any "erson from addressin#, either alone or to#ether with others, any "etition to the authorities for the correction of abuses or redress of #rievances. Sec&'o* $o6r. - Crimes against religious worship

Ar&'c(e 1)8. 6iolation of domicile. - The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on any "ublic officer or em"loyee who, not bein# authori$ed by %udicial order, shall enter any dwellin# a#ainst the will of the owner thereof, search "a"ers or other effects found therein without the "revious consent of such owner, or havin# surre"titiously entered said dwellin#, and bein# re6uired to leave the "remises, shall refuse to do so. *f the offense be committed in the ni#ht-time, or if any "a"ers or effects not constitutin# evidence of a crime be not returned immediately after the search made by the offender, the "enalty shall be "rision correccional in its medium and ma!imum "eriods. Ar&'c(e 1)9. +earch warrants maliciously obtained and abuse in the service of those legally obtained. - *n addition to the liability attachin# to the offender for the commission of any other offense, the "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod and a fine not e!ceedin# P',999 "esos shall be im"osed u"on any "ublic officer or em"loyee who shall "rocure a search warrant without %ust cause, or, havin# le#ally "rocured the same, shall e!ceed his authority or use unnecessary severity in e!ecutin# the same. Ar&'c(e 130. +earching domicile without witnesses. - The "enalty of arresto mayor in its medium and ma!imum "eriods shall be im"osed u"on a "ublic officer or em"loyee who, in cases where a search is "ro"er, shall search the domicile, "a"ers or other belon#in#s of any "erson, in the absence of the latter, any member of his family, or in their default, without the "resence of two witnesses residin# in the same locality. Sec&'o* T-ree. - %rohibition, interruption and dissolution of peaceful meetings Ar&'c(e 131. %rohibition, interruption and dissolution of peaceful meetings. The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on any "ublic officer or em"loyee who, without le#al #round, shall "rohibit or interru"t the holdin# of a "eaceful meetin#, or shall dissolve the same.

Ar&'c(e 13). ,nterruption of religious worship. - The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on any "ublic officer or em"loyee who shall "revent or disturb the ceremonies or manifestations of any reli#ion. *f the crime shall have been committed with violence or threats, the "enalty shall be "rision correccional in its medium and ma!imum "eriods. Ar&'c(e 133. !ffending the religious feelings. - The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod shall be im"osed u"on anyone who, in a "lace devoted to reli#ious worshi" or durin# the celebration of any reli#ious ceremony shall "erform acts notoriously offensive to the feelin#s of the faithful. T'&(e T-ree CRI%ES AGAINST P+"LIC RDER

C-./&er *e RE"ELLI N, SEDITI N AND DISL ,ALT, Ar&'c(e 130. &ebellion or insurrection* 4ow committed. - The crime of rebellion or insurrection is committed by risin# "ublicly and takin# arms a#ainst the +overnment for the "ur"ose of removin# from the alle#iance to said +overnment or its laws, the territory of the Phili""ine *slands or any "art thereof, of any body of land, naval or other armed forces, de"rivin# the Chief !ecutive or the 8e#islature, wholly or "artially, of any of their "owers or "rero#atives. 3As amended by R.A. ;>;<4. Ar&'c(e 1308A. Coup d9etat* 4ow committed. - The crime of cou" dBetat is a swift attack accom"anied by violence, intimidation, threat, strate#y or stealth, directed a#ainst duly constituted authorities of the Re"ublic of the Phili""ines, or any military cam" or installation, communications network,

"ublic utilities or other facilities needed for the e!ercise and continued "ossession of "ower, sin#ly or simultaneously carried out anywhere in the Phili""ines by any "erson or "ersons, belon#in# to the military or "olice or holdin# any "ublic office of em"loyment with or without civilian su""ort or "artici"ation for the "ur"ose of sei$in# or diminishin# state "ower. 3As amended by R.A. ;>;<4. Ar&'c(e 135. %enalty for rebellion, insurrection or coup d9etat. - Any "erson who "romotes, maintains, or heads rebellion or insurrection shall suffer the "enalty of reclusion "er"etua. Any "erson merely "artici"atin# or e!ecutin# the commands of others in a rebellion shall suffer the "enalty of reclusion tem"oral. Any "erson who leads or in any manner directs or commands others to undertake a cou" dBetat shall suffer the "enalty of reclusion "er"etua. Any "erson in the #overnment service who "artici"ates, or e!ecutes directions or commands of others in undertakin# a cou" dBetat shall suffer the "enalty of "rision mayor in its ma!imum "eriod. Any "erson not in the #overnment service who "artici"ates, or in any manner su""orts, finances, abets or aids in undertakin# a cou" dBetat shall suffer the "enalty of reclusion tem"oral in its ma!imum "eriod. /hen the rebellion, insurrection, or cou" dBetat shall be under the command of unknown leaders, any "erson who in fact directed the others, s"oke for them, si#ned recei"ts and other documents issued in their name, as "erformed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or cou" dBetat. 3As amended by R.A. ;>;<, a""roved on 1ctober )., '>>94. Ar&'c(e 131. Conspiracy and proposal to commit coup d9etat, rebellion or insurrection. - The cons"iracy and "ro"osal to commit cou" dBetat shall be "unished by "rision mayor in minimum "eriod and a fine which shall not e!ceed ei#ht thousand "esos 3P<,999.994. The cons"iracy and "ro"osal to commit rebellion or insurrection shall be "unished res"ectively, by "rision correccional in its ma!imum "eriod and a fine which shall not e!ceed five thousand "esos 3P0,999.994 and by "rision correccional in its medium "eriod and a fine not e!ceedin# two thousand "esos 3P),999.994. 3As amended by R.A. ;>;<, a""roved 1ctober )., '>>94. Ar&'c(e 132. Disloyalty of public officers or employees. - The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on "ublic

officers or em"loyees who have failed to resist a rebellion by all the means in their "ower, or shall continue to dischar#e the duties of their offices under the control of the rebels or shall acce"t a""ointment to office under them. 3Reinstated by .1. ?o. '<=4. Ar&'c(e 138. ,nciting a rebellion or insurrection. - The "enalty of "rision mayor in its minimum "eriod shall be im"osed u"on any "erson who, without takin# arms or bein# in o"en hostility a#ainst the +overnment, shall incite others to the e!ecution of any of the acts s"ecified in article '-. of this Code, by means of s"eeches, "roclamations, writin#s, emblems, banners or other re"resentations tendin# to the same end. 3Reinstated by .1. ?o. '<=4. Ar&'c(e 139. +edition* 4ow committed. - The crime of sedition is committed by "ersons who rise "ublicly and tumultuously in order to attain by force, intimidation, or by other means outside of le#al methods, any of the followin# ob%ects& '. To "revent the "romul#ation or e!ecution of any law or the holdin# of any "o"ular election, ). To "revent the ?ational +overnment, or any "rovincial or munici"al #overnment or any "ublic officer thereof from freely e!ercisin# its or his functions, or "revent the e!ecution of any administrative order, -. To inflict any act of hate or reven#e u"on the "erson or "ro"erty of any "ublic officer or em"loyee, .. To commit, for any "olitical or social end, any act of hate or reven#e a#ainst "rivate "ersons or any social class, and 0. To des"oil, for any "olitical or social end, any "erson, munici"ality or "rovince, or the ?ational +overnment 3or the +overnment of the :nited (tates4, of all its "ro"erty or any "art thereof. Ar&'c(e 100. %enalty for sedition. - The leader of a sedition shall suffer the "enalty of "rision mayor in its minimum "eriod and a fine not e!ceedin# '9,999 "esos. 1ther "ersons "artici"atin# therein shall suffer the "enalty of "rision correccional in its ma!imum "eriod and a fine not e!ceedin# 0,999 "esos. 3Reinstated by .1. ?o. '<=4.

Ar&'c(e 101. Conspiracy to commit sedition. - Persons cons"irin# to commit the crime of sedition shall be "unished by "rision correccional in its medium "eriod and a fine not e!ceedin# ),999 "esos. 3Reinstated by .1. ?o. '<=4. Ar&'c(e 10). ,nciting to sedition. - The "enalty of "rision correccional in its ma!imum "eriod and a fine not e!ceedin# ),999 "esos shall be im"osed u"on any "erson who, without takin# any direct "art in the crime of sedition, should incite others to the accom"lishment of any of the acts which constitute sedition, by means of s"eeches, "roclamations, writin#s, emblems, cartoons, banners, or other re"resentations tendin# to the same end, or u"on any "erson or "ersons who shall utter seditious words or s"eeches, write, "ublish, or circulate scurrilous libels a#ainst the 3+overnment of the :nited (tates or the +overnment of the Commonwealth of the Phili""ines4 or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in e!ecutin# the functions of his office, or which tend to insti#ate others to cabal and meet to#ether for unlawful "ur"oses, or which su##est or incite rebellious cons"iracies or riots, or which lead or tend to stir u" the "eo"le a#ainst the lawful authorities or to disturb the "eace of the community, the safety and order of the +overnment, or who shall knowin#ly conceal such evil "ractices. 3Reinstated by .1. ?o. '<=4. C-./&er T3o CRI%ES AGAINST P P+LAR REPRESENTATI N Sec&'o* *e. - Crimes against legislative bodies and similar bodies

Ar&'c(e 105. 6iolation of parliamentary immunity. - The "enalty of "rision mayor shall be im"osed u"on any "erson who shall use force, intimidation, threats, or fraud to "revent any member of the ?ational Assembly 3Con#ress of the Phili""ines4 from attendin# the meetin#s of the Assembly 3Con#ress4 or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from e!"ressin# his o"inions or castin# his vote, and the "enalty of "rision correccional shall be im"osed u"on any "ublic officer or em"loyee who shall, while the Assembly 3Con#ress4 is in re#ular or s"ecial session, arrest or search any member thereof, e!ce"t in case such member has committed a crime "unishable under this Code by a "enalty hi#her than "rision mayor. C-./&er T-ree ILLEGAL ASSE%"LIES AND ASS CIATI NS Ar&'c(e 101. ,llegal assemblies. - The "enalty of "rision correccional in its ma!imum "eriod to "rision mayor in its medium "eriod shall be im"osed u"on the or#ani$ers or leaders of any meetin# attended by armed "ersons for the "ur"ose of committin# any of the crimes "unishable under this Code, or of any meetin# in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault u"on a "erson in authority or his a#ents. Persons merely "resent at such meetin# shall suffer the "enalty of arresto mayor, unless they are armed, in which case the "enalty shall be "rision correccional. *f any "erson "resent at the meetin# carries an unlicensed firearm, it shall be "resumed that the "ur"ose of said meetin#, insofar as he is concerned, is to commit acts "unishable under this Code, and he shall be considered a leader or or#ani$er of the meetin# within the "urview of the "recedin# "ara#ra"h. As used in this article, the word "meetin#" shall be understood to include a #atherin# or #rou", whether in a fi!ed "lace or movin#. 3Reinstated by .1. ?o. '<=4. Ar&'c(e 102. ,llegal associations. - The "enalty of "rision correccional in its minimum and medium "eriods and a fine not e!ceedin# ',999 "esos shall be im"osed u"on the founders, directors, and "residents of associations totally or "artially or#ani$ed for the "ur"ose of committin# any of the crimes "unishable under this Code or for some "ur"ose contrary to "ublic morals. Aere members of said associations shall suffer the "enalty of arresto mayor. 3Reinstated by .1. ?o. '<=4. C-./&er $o6r ASSA+LT +P N, AND RESISTANCE AND DIS "EDIENCE T , PERS NS IN A+TH RIT, AND THEIR AGENTS

Ar&'c(e 103. Act tending to prevent the meeting of the Assembly and similar bodies. - The "enalty of "rision correccional or a fine ran#in# from )99 to ),999 "esos, or both, shall be im"osed u"on any "erson who, by force or fraud, "revents the meetin# of the ?ational Assembly 3Con#ress of the Phili""ines4 or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any "rovincial board or city or munici"al council or board. 3Reinstated by .1. ?o. '<=4. Ar&'c(e 100. Disturbance of proceedings. - The "enalty of arresto mayor or a fine from )99 to ',999 "esos shall be im"osed u"on any "erson who disturbs the meetin#s of the ?ational Assembly 3Con#ress of the Phili""ines4 or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any "rovincial board or city or munici"al council or board, or in the "resence of any such bodies should behave in such manner as to interru"t its "roceedin#s or to im"air the res"ect due it. 3Reinstated by .1. ?o. '<=4. Sec&'o* T3o. - 6iolation of parliamentary immunity

Ar&'c(e 108. Direct assaults. - Any "erson or "ersons who, without a "ublic u"risin#, shall em"loy force or intimidation for the attainment of any of the "ur"ose enumerated in definin# the crimes of rebellion and sedition, or shall attack, em"loy force, or seriously intimidate or resist any "erson in authority or any of his a#ents, while en#a#ed in the "erformance of official duties, or on occasion of such "erformance, shall suffer the "enalty of "rision correccional in its medium and ma!imum "eriods and a fine not e!ceedin# P',999 "esos, when the assault is committed with a wea"on or when the offender is a "ublic officer or em"loyee, or when the offender lays hands u"on a "erson in authority. *f none of these circumstances be "resent, the "enalty of "rision correccional in its minimum "eriod and a fine not e!ceedin# P099 "esos shall be im"osed. Ar&'c(e 109. ,ndirect assaults. - The "enalty of "rision correccional in its minimum and medium "eriods and a fine not e!ceedin# P099 "esos shall be im"osed u"on any "erson who shall make use of force or intimidation u"on any "erson comin# to the aid of the authorities or their a#ents on occasion of the commission of any of the crimes defined in the ne!t "recedin# article. Ar&'c(e 150. Disobedience to summons issued by the 3ational Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. - The "enalty of arresto mayor or a fine ran#in# from two hundred to one thousand "esos, or both such fine and im"risonment shall be im"osed u"on any "erson who, havin# been duly summoned to attend as a witness before the ?ational Assembly, 3Con#ress4, its s"ecial or standin# committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authori$ed to summon witnesses, refuses, without le#al e!cuse, to obey such summons, or bein# "resent before any such le#islative or constitutional body or official, refuses to be sworn or "laced under affirmation or to answer any le#al in6uiry or to "roduce any books, "a"ers, documents, or records in his "ossession, when re6uired by them to do so in the e!ercise of their functions. The same "enalty shall be im"osed u"on any "erson who shall restrain another from attendin# as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. Ar&'c(e 151. &esistance and disobedience to a person in authority or the agents of such person. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on any "erson who not bein# included in the "rovisions of the "recedin# articles shall resist or seriously disobey any "erson in authority, or the a#ents of such "erson, while en#a#ed in the "erformance of official duties.

/hen the disobedience to an a#ent of a "erson in authority is not of a serious nature, the "enalty of arresto menor or a fine ran#in# from '9 to P'99 "esos shall be im"osed u"on the offender. Ar&'c(e 15). %ersons in authority and agents of persons in authority* Who shall be deemed as such. - *n a""lyin# the "rovisions of the "recedin# and other articles of this Code, any "erson directly vested with %urisdiction, whether as an individual or as a member of some court or #overnmental cor"oration, board, or commission, shall be deemed a "erson in authority. A barrio ca"tain and a baran#ay chairman shall also be deemed a "erson in authority. A "erson who, by direct "rovision of law or by election or by a""ointment by com"etent authority, is char#ed with the maintenance of "ublic order and the "rotection and security of life and "ro"erty, such as a barrio councilman, barrio "oliceman and baran#ay leader and any "erson who comes to the aid of "ersons in authority, shall be deemed an a#ent of a "erson in authority. *n a""lyin# the "rovisions of Articles '.< and '0' of this Code, teachers, "rofessors and "ersons char#ed with the su"ervision of "ublic or duly reco#ni$ed "rivate schools, colle#es and universities, and lawyers in the actual "erformance of their "rofessional duties or on the occasion of such "erformance, shall be deemed "ersons in authority. 3As amended by P7 ?o. )>>, (e"t. '>, '>=- and 2atas Pambansa 2l#. <=-, June '), '><04. C-./&er $'7e P+"LIC DIS RDERS Ar&'c(e 153. Tumults and other disturbance of public orders* Tumultuous disturbance or interruption liable to cause disturbance. - The "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod and a fine not e!ceedin# ',999 "esos shall be im"osed u"on any "erson who shall cause any serious disturbance in a "ublic "lace, office, or establishment, or shall interru"t or disturb "ublic "erformances, functions or #atherin#s, or "eaceful meetin#s, if the act is not included in the "rovisions of Articles '-' and '-). The "enalty ne!t hi#her in de#ree shall be im"osed u"on "ersons causin# any disturbance or interru"tion of a tumultuous character. The disturbance or interru"tion shall be deemed to be tumultuous if caused by more than three "ersons who are armed or "rovided with means of violence.

The "enalty of arresto mayor shall be im"osed u"on any "erson who in any meetin#, association, or "ublic "lace, shall make any outcry tendin# to incite rebellion or sedition or in such "lace shall dis"lay "lacards or emblems which "rovoke a disturbance of the "ublic order. The "enalty of arresto menor and a fine not to e!ceed P)99 "esos shall be im"osed u"on these "ersons who in violation of the "rovisions contained in the last clause of Article <0, shall bury with "om" the body of a "erson who has been le#ally e!ecuted. Ar&'c(e 150. 5nlawful use of means of publication and unlawful utterances. The "enalty of arresto mayor and a fine ran#in# from P)99 to P',999 "esos shall be im"osed u"on& '. Any "erson who by means of "rintin#, litho#ra"hy, or any other means of "ublication shall "ublish or cause to be "ublished as news any false news which may endan#er the "ublic order, or cause dama#e to the interest or credit of the (tate, ). Any "erson who by the same means, or by words, utterances or s"eeches shall encoura#e disobedience to the law or to the constituted authorities or "raise, %ustify, or e!tol any act "unished by law, -. Any "erson who shall maliciously "ublish or cause to be "ublished any official resolution or document without "ro"er authority, or before they have been "ublished officially, or .. Any "erson who shall "rint, "ublish, or distribute or cause to be "rinted, "ublished, or distributed books, "am"hlets, "eriodicals, or leaflets which do not bear the real "rinterBs name, or which are classified as anonymous. Ar&'c(e 155. Alarms and scandals. - The "enalty of arresto menor or a fine not e!ceedin# P)99 "esos shall be im"osed u"on& '. Any "erson who within any town or "ublic "lace, shall dischar#e any firearm, rocket, firecracker, or other e!"losives calculated to cause alarm or dan#er, ). Any "erson who shall insti#ate or take an active "art in any charivari or other disorderly meetin# offensive to another or "re%udicial to "ublic tran6uility,

-. Any "erson who, while wanderin# about at ni#ht or while en#a#ed in any other nocturnal amusements, shall disturb the "ublic "eace, or .. Any "erson who, while into!icated or otherwise, shall cause any disturbance or scandal in "ublic "laces, "rovided that the circumstances of the case shall not make the "rovisions of Article '0- a""licable. Ar&'c(e 151. Delivery of prisoners from "ails. - The "enalty of arresto mayor in its ma!imum "eriod of "rision correccional in its minimum "eriod shall be im"osed u"on any "erson who shall remove from any %ail or "enal establishment any "erson confined therein or shall hel" the esca"e of such "erson, by means of violence, intimidation, or bribery. *f other means are used, the "enalty of arresto mayor shall be im"osed. *f the esca"e of the "risoner shall take "lace outside of said establishments by takin# the #uards by sur"rise, the same "enalties shall be im"osed in their minimum "eriod. C-./&er S'9 EVASI N $ SERVICE

$ SENTENCE

Ar&'c(e 152. 'vasion of service of sentence. - The "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed u"on any convict who shall evade service of his sentence by esca"in# durin# the term of his im"risonment by reason of final %ud#ment. Cowever, if such evasion or esca"e shall have taken "lace by means of unlawful entry, by breakin# doors, windows, #ates, walls, roofs, or floors, or by usin# "icklocks, false keys, deceit, violence or intimidation, or throu#h connivance with other convicts or em"loyees of the "enal institution, the "enalty shall be "rision correccional in its ma!imum "eriod. Ar&'c(e 158. 'vasion of service of sentence on the occasion of disorder, conflagrations, earth(uakes, or other calamities. - A convict who shall evade the service of his sentence, by leavin# the "enal institution where he shall have been confined, on the occasion of disorder resultin# from a confla#ration, earth6uake, e!"losion, or similar catastro"he, or durin# a mutiny in which he has not "artici"ated, shall suffer an increase of one-fifth of the time still remainin# to be served under the ori#inal sentence, which in no case shall e!ceed si! months, if he shall fail to #ive himself u" to the authorities within forty-ei#ht hours followin# the issuance of a "roclamation by the Chief !ecutive announcin# the "assin# away of such calamity.

Convicts who, under the circumstances mentioned in the "recedin# "ara#ra"h, shall #ive themselves u" to the authorities within the above mentioned "eriod of .< hours, shall be entitled to the deduction "rovided in Article ><. Ar&'c(e 159. !ther cases of evasion of service of sentence. - The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on the convict who, havin# been #ranted conditional "ardon by the Chief !ecutive, shall violate any of the conditions of such "ardon. Cowever, if the "enalty remitted by the #rantin# of such "ardon be hi#her than si! years, the convict shall then suffer the une!"ired "ortion of his ori#inal sentence. C-./&er Se7e* C %%ISSI N $ AN THER CRI%E D+RING SERVICE I%P SED $ R AN THER PREVI +S $$ENSE

Ar&'c(e 11). 5sing forged signature or counterfeit seal or stamp. - The "enalty of "rision mayor shall be im"osed u"on any "erson who shall knowin#ly make use of the counterfeit seal or for#ed si#nature or stam" mentioned in the "recedin# article. Sec&'o* T3o. - Counterfeiting Coins Ar&'c(e 113. $aking and importing and uttering false coins. - Any "erson who makes, im"orts, or utters, false coins, in connivance with counterfeiters, or im"orters, shall suffer& '. Prision mayor in its minimum and medium "eriods and a fine not to e!ceed P'9,999 "esos, if the counterfeited coin be silver coin of the Phili""ines or coin of the Central 2ank of the Phili""ines of ten centavo denomination or above. ). Prision correccional in its minimum and medium "eriods and a fine of not to e!ceed P),999 "esos, if the counterfeited coins be any of the minor coina#e of the Phili""ines or of the Central 2ank of the Phili""ines below ten-centavo denomination. -. Prision correccional in its minimum "eriod and a fine not to e!ceed P',999 "esos, if the counterfeited coin be currency of a forei#n country. 3As amended by R.A. ?o. .)9), a""roved June '>, '>;04. Ar&'c(e 110. $utilation of coins* ,mportation and utterance of mutilated coins. - The "enalty of "rision correccional in its minimum "eriod and a fine not to e!ceed P),999 "esos shall be im"osed u"on any "erson who shall mutilate coins of the le#al currency of the :nited (tates or of the Phili""ine *slands or im"ort or utter mutilated current coins, or in connivance with mutilators or im"orters. Ar&'c(e 115. +elling of false or mutilated coin, without connivance. - The "erson who knowin#ly, althou#h without the connivance mentioned in the "recedin# articles, shall "ossess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a "enalty lower by one de#ree than that "rescribed in said articles. Sec&'o* T-ree. - 7orging treasury or bank notes, obligations and securities* importing and uttering false or forged notes, obligations and securities. Ar&'c(e 111. 7orging treasury or bank notes on other documents payable to bearer* importing, and uttering such false or forged notes and documents. The for#in# or falsification of treasury or bank notes or certificates or other obli#ations and securities "ayable to bearer and the im"ortation and utterin#

$ PENALT,

Ar&'c(e 110. Commission of another crime during service of penalty imposed for another offense* %enalty. - 2esides the "rovisions of Rule 0 of Article ;), any "erson who shall commit a felony after havin# been convicted by final %ud#ment, before be#innin# to serve such sentence, or while servin# the same, shall be "unished by the ma!imum "eriod of the "enalty "rescribed by law for the new felony. Any convict of the class referred to in this article, who is not a habitual criminal, shall be "ardoned at the a#e of seventy years if he shall have already served out his ori#inal sentence, or when he shall com"lete it after reachin# the said a#e, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. T'&(e $o6r CRI%ES AGAINST P+"LIC INTEREST C-./&er *e $ RGERIES Sec&'o* *e. - 7orging the seal of the overnment of the %hilippine ,slands, the signature or stamp of the Chief 'xecutive. Ar&'c(e 111. Counterfeiting the great seal of the overnment of the %hilippine ,slands, forging the signature or stamp of the Chief 'xecutive. The "enalty of reclusion tem"oral shall be im"osed u"on any "erson who shall for#e the +reat (eal of the +overnment of the Phili""ine *slands or the si#nature or stam" of the Chief !ecutive.

in connivance with for#ers or im"orters of such false or for#ed obli#ations or notes, shall be "unished as follows& '. 2y reclusion tem"oral in its minimum "eriod and a fine not to e!ceed P'9,999 "esos, if the document which has been falsified, counterfeited, or altered, is an obli#ations or security of the :nited (tates or of the Phili""ines *slands. The word "obli#ation or security of the :nited (tates or of the Phili""ine *slands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of de"osit, bills, checks, or drafts for money, drawn by or u"on authori$ed officers of the :nited (tates or of the Phili""ine *slands, and other re"resentatives of value, of whatever denomination, which have been or may be issued under any act of the Con#ress of the :nited (tates or of the Phili""ine 8e#islature. ). 2y "rision mayor in its ma!imum "eriod and a fine not to e!ceed P0,999 "esos, if the falsified or altered document is a circulatin# note issued by any bankin# association duly authori$ed by law to issue the same. -. 2y "rision mayor in its medium "eriod and a fine not to e!ceed P0,999 "esos, if the falsified or counterfeited document was issued by a forei#n #overnment. .. 2y "rision mayor in its minimum "eriod and a fine not to e!ceed P),999 "esos, when the for#ed or altered document is a circulatin# note or bill issued by a forei#n bank duly authori$ed therefor. Ar&'c(e 112. Counterfeiting, importing and uttering instruments not payable to bearer. - Any "erson who shall for#e, im"ort or utter, in connivance with the for#ers or im"orters, any instrument "ayable to order or other document of credit not "ayable to bearer, shall suffer the "enalties of "rision correccional in its medium and ma!imum "eriods and a fine not e!ceedin# P;,999 "esos. Ar&'c(e 118. ,llegal possession and use of false treasury or bank notes and other instruments of credit. - :nless the act be one of those comin# under the "rovisions of any of the "recedin# articles, any "erson who shall knowin#ly use or have in his "ossession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the "enalty ne!t lower in de#ree than that "rescribed in said articles. Ar&'c(e 119. 4ow forgery is committed. - The for#ery referred to in this section may be committed by any of the followin# means&

'. 2y #ivin# to a treasury or bank note or any instrument, "ayable to bearer or order mentioned therein, the a""earance of a true #enuine document. ). 2y erasin#, substitutin#, counterfeitin# or alterin# by any means the fi#ures, letters, words or si#ns contained therein. Sec&'o* $o6r. - 7alsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message. Ar&'c(e 120. 7alsification of legislative documents. - The "enalty of "rision correccional in its ma!imum "eriod and a fine not e!ceedin# P;,999 "esos shall be im"osed u"on any "erson who, without "ro"er authority therefor alters any bill, resolution, or ordinance enacted or a""roved or "endin# a""roval by either Couse of the 8e#islature or any "rovincial board or munici"al council. Ar&'c(e 121. 7alsification by public officer, employee or notary or ecclesiastic minister. - The "enalty of "rision mayor and a fine not to e!ceed P0,999 "esos shall be im"osed u"on any "ublic officer, em"loyee, or notary who, takin# advanta#e of his official "osition, shall falsify a document by committin# any of the followin# acts& '. Counterfeitin# or imitatin# any handwritin#, si#nature or rubric, ). Causin# it to a""ear that "ersons have "artici"ated in any act or "roceedin# when they did not in fact so "artici"ate, -. Attributin# to "ersons who have "artici"ated in an act or "roceedin# statements other than those in fact made by them, .. Aakin# untruthful statements in a narration of facts, 0. Alterin# true dates, ;. Aakin# any alteration or intercalation in a #enuine document which chan#es its meanin#, =. *ssuin# in an authenticated form a document "ur"ortin# to be a co"y of an ori#inal document when no such ori#inal e!ists, or includin# in such a co"y a statement contrary to, or different from, that of the #enuine ori#inal, or

<. *ntercalatin# any instrument or note relative to the issuance thereof in a "rotocol, re#istry, or official book. The same "enalty shall be im"osed u"on any ecclesiastical minister who shall commit any of the offenses enumerated in the "recedin# "ara#ra"hs of this article, with res"ect to any record or document of such character that its falsification may affect the civil status of "ersons. Ar&'c(e 12). 7alsification by private individual and use of falsified documents. - The "enalty of "rision correccional in its medium and ma!imum "eriods and a fine of not more than P0,999 "esos shall be im"osed u"on& '. Any "rivate individual who shall commit any of the falsifications enumerated in the ne!t "recedin# article in any "ublic or official document or letter of e!chan#e or any other kind of commercial document, and ). Any "erson who, to the dama#e of a third "arty, or with the intent to cause such dama#e, shall in any "rivate document commit any of the acts of falsification enumerated in the ne!t "recedin# article. Any "erson who shall knowin#ly introduce in evidence in any %udicial "roceedin# or to the dama#e of another or who, with the intent to cause such dama#e, shall use any of the false documents embraced in the ne!t "recedin# article, or in any of the fore#oin# subdivisions of this article, shall be "unished by the "enalty ne!t lower in de#ree. Ar&'c(e 123. 7alsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. - The "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed u"on officer or em"loyee of the +overnment or of any "rivate cor"oration or concern en#a#ed in the service of sendin# or receivin# wireless, cable or tele"hone messa#e who utters a fictitious wireless, tele#ra"h or tele"hone messa#e of any system or falsifies the same. Any "erson who shall use such falsified dis"atch to the "re%udice of a third "arty or with the intent of cause such "re%udice, shall suffer the "enalty ne!t lower in de#ree. Sec&'o* $'7e. - 7alsification of medical certificates, certificates of merit or services and the like. Ar&'c(e 120. 7alse medical certificates, false certificates of merits or service, etc. - The "enalties of arresto mayor in its ma!imum "eriod to "rision

correccional in its minimum "eriod and a fine not to e!ceed P',999 "esos shall be im"osed u"on& '. Any "hysician or sur#eon who, in connection, with the "ractice of his "rofession, shall issue a false certificate, and ). Any "ublic officer who shall issue a false certificate of merit of service, #ood conduct or similar circumstances. The "enalty of arresto mayor shall be im"osed u"on any "rivate "erson who shall falsify a certificate fallin# within the classes mentioned in the two "recedin# subdivisions. Ar&'c(e 125. 5sing false certificates. - The "enalty of arresto menor shall be im"osed u"on any one who shall knowin#ly use any of the false certificates mentioned in the ne!t "recedin# article. Sec&'o* S'9. - Aanufacturin#, im"ortin# and "ossession of instruments or im"lements intended for the commission of falsification. Ar&'c(e 121. $anufacturing and possession of instruments or implements for falsification. - The "enalty of "rison correctional in its medium and ma!imum "eriods and a fine not to e!ceed P'9,999 "esos shall be im"osed u"on any "erson who shall make or introduce into the Phili""ine *slands any stam"s, dies, marks, or other instruments or im"lements intended to be used in the commission of the offenses of counterfeitin# or falsification mentioned in the "recedin# sections of this Cha"ter. Any "erson who, with the intention of usin# them, shall have in his "ossession any of the instruments or im"lements mentioned in the "recedin# "ara#ra"hs, shall suffer the "enalty ne!t lower in de#ree than that "rovided therein. C-./&er T3o THER $ALSITIES Sec&'o* *e. - 5surpation of authority, rank, title, and improper use of names, uniforms and insignia. Ar&'c(e 122. 5surpation of authority or official functions. - Any "erson who shall knowin#ly and falsely re"resent himself to be an officer, a#ent or re"resentative of any de"artment or a#ency of the Phili""ine +overnment or of any forei#n #overnment, or who, under "retense of official "osition, shall "erform any act "ertainin# to any "erson in authority or "ublic officer of the Phili""ine +overnment or any forei#n #overnment, or any a#ency thereof, without bein# lawfully entitled to do so, shall suffer the "enalty of "rision correccional in its minimum and medium "eriods.

Ar&'c(e 128. 5sing fictitious name and concealing true name. - The "enalty of arresto mayor and a fine not to e!ceed 099 "esos shall be im"osed u"on any "erson who shall "ublicly use a fictitious name for the "ur"ose of concealin# a crime, evadin# the e!ecution of a %ud#ment or causin# dama#e. Any "erson who conceals his true name and other "ersonal circumstances shall be "unished by arresto menor or a fine not to e!ceed )99 "esos. Ar&'c(e 129. ,llegal use of uniforms or insignia. - The "enalty of arresto mayor shall be im"osed u"on any "erson who shall "ublicly and im"ro"erly make use of insi#nia, uniforms or dress "ertainin# to an office not held by such "erson or to a class of "ersons of which he is not a member. Sec&'o* T3o. - 7alse testimony Ar&'c(e 180. 7alse testimony against a defendant. - Any "erson who shall #ive false testimony a#ainst the defendant in any criminal case shall suffer& '. The "enalty of reclusion tem"oral, if the defendant in said case shall have been sentenced to death, ). The "enalty of "rision mayor, if the defendant shall have been sentenced to reclusion tem"oral or reclusion "er"etua, -. The "enalty of "rision correccional, if the defendant shall have been sentenced to any other afflictive "enalty, and .. The "enalty of arresto mayor, if the defendant shall have been sentenced to a correctional "enalty or a fine, or shall have been ac6uitted. *n cases "rovided in subdivisions - and . of this article the offender shall further suffer a fine not to e!ceed ',999 "esos. Ar&'c(e 181. 7alse testimony favorable to the defendants. - Any "erson who shall #ive false testimony in favor of the defendant in a criminal case, shall suffer the "enalties of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod a fine not to e!ceed ',999 "esos, if the "rosecution is for a felony "unishable by an afflictive "enalty, and the "enalty of arresto mayor in any other case. Ar&'c(e 18). 7alse testimony in civil cases. - Any "erson found #uilty of false testimony in a civil case shall suffer the "enalty of "rision correccional in its minimum "eriod and a fine not to e!ceed ;,999 "esos, if the amount in

controversy shall e!ceed 0,999 "esos, and the "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod and a fine not to e!ceed ',999 "esos, if the amount in controversy shall not e!ceed said amount or cannot be estimated. Ar&'c(e 183. 7alse testimony in other cases and per"ury in solemn affirmation. - The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod shall be im"osed u"on any "erson, who knowin#ly makes untruthful statements and not bein# included in the "rovisions of the ne!t "recedin# articles, shall testify under oath, or make an affidavit, u"on any material matter before a com"etent "erson authori$ed to administer an oath in cases in which the law so re6uires. Any "erson who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three "recedin# articles of this section, shall suffer the res"ective "enalties "rovided therein. Ar&'c(e 180. !ffering false testimony in evidence. - Any "erson who shall knowin#ly offer in evidence a false witness or testimony in any %udicial or official "roceedin#, shall be "unished as #uilty of false testimony and shall suffer the res"ective "enalties "rovided in this section. C-./&er T-ree $RA+DS Sec&'o* *e. - $achinations, monopolies and combinations

Ar&'c(e 185. $achinations in public auctions. - Any "erson who shall solicit any #ift or "romise as a consideration for refrainin# from takin# "art in any "ublic auction, and any "erson who shall attem"t to cause bidders to stay away from an auction by threats, #ifts, "romises, or any other artifice, with intent to cause the reduction of the "rice of the thin# auctioned, shall suffer the "enalty of "rision correccional in its minimum "eriod and a fine ran#in# from '9 to 09 "er centum of the value of the thin# auctioned. Ar&'c(e 181. $onopolies and combinations in restraint of trade. - The "enalty of "rision correccional in its minimum "eriod or a fine ran#in# from )99 to ;,999 "esos, or both, shall be im"osed u"on& '. Any "erson who shall enter into any contract or a#reement or shall take "art in any cons"iracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to "revent by artificial means free com"etition in the market,

). Any "erson who shall mono"oli$e any merchandise or ob%ect of trade or commerce, or shall combine with any other "erson or "ersons to mono"oli$e and merchandise or ob%ect in order to alter the "rice thereof by s"readin# false rumors or makin# use of any other article to restrain free com"etition in the market, -. Any "erson who, bein# a manufacturer, "roducer, or "rocessor of any merchandise or ob%ect of commerce or an im"orter of any merchandise or ob%ect of commerce from any forei#n country, either as "rinci"al or a#ent, wholesaler or retailer, shall combine, cons"ire or a#ree in any manner with any "erson likewise en#a#ed in the manufacture, "roduction, "rocessin#, assemblin# or im"ortation of such merchandise or ob%ect of commerce or with any other "ersons not so similarly en#a#ed for the "ur"ose of makin# transactions "re%udicial to lawful commerce, or of increasin# the market "rice in any "art of the Phili""ines, of any such merchandise or ob%ect of commerce manufactured, "roduced, "rocessed, assembled in or im"orted into the Phili""ines, or of any article in the manufacture of which such manufactured, "roduced, or im"orted merchandise or ob%ect of commerce is used. *f the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of "rime necessity, the "enalty shall be that of "rision mayor in its ma!imum and medium "eriods it bein# sufficient for the im"osition thereof that the initial ste"s have been taken toward carryin# out the "ur"oses of the combination. Any "ro"erty "ossessed under any contract or by any combination mentioned in the "recedin# "ara#ra"hs, and bein# the sub%ect thereof, shall be forfeited to the +overnment of the Phili""ines. /henever any of the offenses described above is committed by a cor"oration or association, the "resident and each one of its a#ents or re"resentatives in the Phili""ines in case of a forei#n cor"oration or association, who shall have knowin#ly "ermitted or failed to "revent the commission of such offense, shall be held liable as "rinci"als thereof. Sec&'o* T3o. - 7rauds in commerce and industry Ar&'c(e 182. ,mportation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. The "enalty of "rision correccional or a fine ran#in# from )99 to ',999 "esos, or both, shall be im"osed on any "erson who shall knowin#ly im"ort or sell or dis"ose of any article or merchandise made of #old, silver, or other "recious

metals, or their alloys, with stam"s, brands, or marks which fail to indicate the actual fineness or 6uality of said metals or alloys. Any stam", brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is en#raved, "rinted, stam"ed, labeled or attached, when the rest of the article shows that the 6uality or fineness thereof is less by more than one-half karat, if made of #old, and less by more than four one-thousandth, if made of silver, than what is shown by said stam", brand, label or mark. 2ut in case of watch cases and flatware made of #old, the actual fineness of such #old shall not be less by more than three one-thousandth than the fineness indicated by said stam", brand, label, or mark. Ar&'c(e 188. +ubsisting and altering trade:mark, trade:names, or service marks. - The "enalty of "rision correccional in its minimum "eriod or a fine ran#in# from 09 to ),999 "esos, or both, shall be im"osed u"on& '. Any "erson who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer u"on any article of commerce and shall sell the same, ). Any "erson who shall sell such articles of commerce or offer the same for sale, knowin# that the trade-name or trade- mark has been fraudulently used in such #oods as described in the "recedin# subdivision, -. Any "erson who, in the sale or advertisin# of his services, shall use or substitute the service mark of some other "erson, or a colorable imitation of such mark, or .. Any "erson who, knowin# the "ur"ose for which the trade-name, trade-mark, or service mark of a "erson is to be used, "rints, litho#ra"hs, or in any way re"roduces such trade-name, trade-mark, or service mark, or a colorable imitation thereof, for another "erson, to enable that other "erson to fraudulently use such trade-name, trade-mark, or service mark on his own #oods or in connection with the sale or advertisin# of his services. A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, si#n or device, or any combination thereof used as an advertisement, si#n, label, "oster, or otherwise, for the "ur"ose of enablin# the "ublic to distin#uish the business of the "erson who owns and uses said trade-name or trade-mark.

A service mark as herein used is a mark used in the sale or advertisin# of services to identify the services of one "erson and distin#uish them from the services of others and includes without limitation the marks, names, symbols, titles, desi#nations, slo#ans, character names, and distinctive features of radio or other advertisin#. Ar&'c(e 189. 5nfair competition, fraudulent registration of trade:mark, trade: name or service mark, fraudulent designation of origin, and false description. - The "enalty "rovided in the ne!t "roceedin# article shall be im"osed u"on& '. Any "erson who, in unfair com"etition and for the "ur"oses of deceivin# or defraudin# another of his le#itimate trade or the "ublic in #eneral, shall sell his #oods #ivin# them the #eneral a""earance of #oods of another manufacturer or dealer, either as to the #oods themselves, or in the wra""in# of the "acka#es in which they are contained or the device or words thereon or in any other features of their a""earance which would be likely to induce the "ublic to believe that the #oods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall #ive other "ersons a chance or o""ortunity to do the same with a like "ur"ose. ). Any "erson who shall affi!, a""ly, anne! or use in connection with any #oods or services or any container or containers for #oods a false desi#nation of ori#in or any false descri"tion or re"resentation and shall sell such #oods or services. -. Any "erson who by means of false or fraudulent re"resentation or declarations orally or in writin# or by other fraudulent means shall "rocure from the "atent office or from any other office which may hereafter be established by law for the "ur"oses the re#istration of a trade-name, trade-mark or service mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry res"ectin# a trade-name, trade-mark or service mark. T'&(e $'7e CRI%ES RELATIVE T PI+% AND THER PR HI"ITED DR+GS

"Prohibited dru#," as used herein includes o"ium, cocaine, al"ha and beta eucaine, *ndian hem", their derivatives, and all "re"arations made from them or any of them, and such other dru#s, whether natural or synthetic, havin# "hysiolo#ical action as a narcotic dru#. "1"ium" embraces every kind, class, and character of o"ium, whether crude or "re"ared, the ashes on refuse of the same, narcotic "re"arations thereof or therefrom, mor"hine or any alkaloid of o"ium, "re"aration in which o"ium, mor"hine or any kind of o"ium, enter as an in#redient, and also o"ium leaves or wra""in#s of o"ium leaves, whether "re"ared or not for their use. "*ndian hem"" otherwise known as mari%uana, cannabis, Americana, hashish, bhan#, #ua$a, churru$, and #an%ah embraces every kind, class and character of *ndian hem", whether dried or fresh, flowerin# or fruitin# to"s of the "istillate "lant cannabis satival, from which the resin has not been e!tracted, includin# all other #eo#ra"hic varieties whether used as reefers, resin, e!tract, tincture or in any other form whatsoever. 2y narcotic dru# is meant a dru# that "roduces a condition of insensibility and melancholy dullness of mind with delusions and may be habit-formin#. ). Anyone who shall maintain a dive or resort where any "rohibited dru# is used in any form, in violation of the law. Ar&'c(e 191. ;eeper, watchman and visitor of opium den. - The "enalty of arresto mayor and a fine ran#in# from '99 to -99 "esos shall be im"osed u"on& '. Anyone who shall act as a kee"er or watchman of a dive or resort where any "rohibited dru# is used in any manner contrary to law, and ). Any "erson who, not bein# included in the "rovisions of the ne!t "recedin# article, shall knowin#ly visit any dive or resort of the character referred to above. Ar&'c(e 19). ,mportation and sale of prohibited drugs. - The "enalty of "rision correccional in its medium and ma!imum "eriods and a fine ran#in# from -99 to '9,999 "esos shall be im"osed u"on any "erson who shall im"ort or brin# into the Phili""ine *slands any "rohibited dru#.

Ar&'c(e 190. %ossession, preparation and use of prohibited drugs and maintenance of opium dens. - The "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod and a fine ran#in# from -99 to ',999 "esos shall be im"osed u"on& '. Anyone who unless lawfully authori$ed shall "ossess, "re"are, administer, or otherwise use any "rohibited dru#.

The same "enalty shall be im"osed u"on any "erson who shall unlawfully sell or deliver to another "rohibited dru#. Ar&'c(e 193. ,llegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on any "erson who, not bein# authori$ed by law, shall "ossess any o"ium "i"e or other "ara"hernalia for smokin#, in%ectin#, administerin# or usin# o"ium or any "rohibited dru#. The ille#al "ossession of an o"ium "i"e or other "ara"hernalia for usin# any other "rohibited dru# shall be "rima facie evidence that its "ossessor has used said dru#. Ar&'c(e 190. %rescribing opium unnecessary for a patient. - The "enalty of "rision correccional or a fine ran#in# from -99 to '9,999 "esos, or both shall be im"osed u"on any "hysician or dentist who shall "rescribe o"ium for any "erson whose "hysical condition does not re6uire the use of the same. T'&(e S'9 CRI%ES AGAINST P+"LIC % RALS C-./&er *e GA%"LING AND "ETTING Ar&'c(e 195. What acts are punishable in gambling. - 3a4 The "enalty of arresto mayor or a fine not e!ceedin# two hundred "esos, and, in case of recidivism, the "enalty of arresto mayor or a fine ran#in# from two hundred or si! thousand "esos, shall be im"osed u"on& '. Any "erson other than those referred to in subsections 3b4 and 3c4 who, in any manner shall directly, or indirectly take "art in any #ame of monte, %ueten# or any other form of lottery, "olicy, bankin#, or "ercenta#e #ame, do# races, or any other #ame of scheme the result of which de"ends wholly or chiefly u"on chance or ha$ard, or wherein wa#ers consistin# of money, articles of value or re"resentative of value are made, or in the e!"loitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any ob%ect or re"resentative of value. ). Any "erson who shall knowin#ly "ermit any form of #amblin# referred to in the "recedin# subdivision to be carried on in any unhabited or uninhabited "lace of any buildin#, vessel or other means of trans"ortation owned or controlled by him. *f the "lace where #amblin# is carried on has the re"utation of a #amblin# "lace

or that "rohibited #amblin# is fre6uently carried on therein, the cul"rit shall be "unished by the "enalty "rovided for in this article in its ma!imum "eriod. 3b4 The "enalty of "rision correccional in its ma!imum de#ree shall be im"osed u"on the maintainer, conductor, or banker in a #ame of %ueten# or any similar #ame. 3c4 The "enalty of "rision correccional in its medium de#ree shall be im"osed u"on any "erson who shall, knowin#ly and without lawful "ur"ose, have in his "ossession and lottery list, "a"er or other matter containin# letters, fi#ures, si#ns or symbols which "ertain to or are in any manner used in the #ame of %ueten# or any similar #ame which has taken "lace or about to take "lace. Ar&'c(e 191. ,mportation, sale and possession of lottery tickets or advertisements. - The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod or a fine ran#in# from )99 to ),999 "esos, or both, in the discretion of the court, shall be im"osed u"on any "erson who shall im"ort into the Phili""ine *slands from any forei#n "lace or "ort any lottery ticket or advertisement or, in connivance with the im"orter, shall sell or distribute the same. Any "erson who shall knowin#ly and with intent to use them, have in his "ossession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the im"orter of the same, shall be "unished by arresto menor, or a fine not e!ceedin# )99 "esos, or both, in the discretion of the court. The "ossession of any lottery ticket or advertisement shall be "rima facie evidence of an intent to sell, distribute or use the same in the Phili""ine *slands. Ar&'c(e 192. )etting in sports contests. - The "enalty of arresto menor or a fine not e!ceedin# )99 "esos, or both, shall be im"osed u"on any "erson who shall bet money or any ob%ect or article of value or re"resentative of value u"on the result of any bo!in# or other s"orts contests. Ar&'c(e 198. ,llegal betting on horse race. - The "enalty of arresto menor or a fine not e!ceedin# )99 "esos, or both, shall be im"osed u"on any "erson who e!ce"t durin# the "eriod allowed by law, shall be on horse races. The "enalty of arresto mayor or a fine ran#in# from )99 to ),999 "esos, or both, shall be im"osed u"on any "erson who, under the same circumstances, shall maintain or em"loy a totali$er or other device or scheme for bettin# on horse races or reali$in# any "rofit therefrom.

5or the "ur"oses of this article, any race held in the same day at the same "lace shall be held "unishable as a se"arate offense, and if the same be committed by any "artnershi", cor"oration or association, the "resident and the directors or mana#ers thereof shall be deemed to be "rinci"als in the offense if they have consented to or knowin#ly tolerated its commission. Ar&'c(e 199. ,llegal cockfighting. - The "enalty of arresto menor or a fine not e!ceedin# )99 "esos, or both, in the discretion of the court, shall be im"osed u"on& '. Any "erson who directly or indirectly "artici"ates in cockfi#hts, by bettin# money or other valuable thin#s, or who or#ani$es cockfi#hts at which bets are made, on a day other than those "ermitted by law. ). Any "erson who directly or indirectly "artici"ates in cockfi#hts, at a "lace other than a licensed cock"it. C-./&er T3o $$ENSES AGAINST DECENC, AND G

morals, and #ood customs, established "olicies, lawful orders, decrees and edicts, 3-4 Those who shall sell, #ive away or e!hibit films, "rints, en#ravin#s, scul"ture or literature which are offensive to morals. 3As amended by P7 ?os. >;9 and >;>4. Ar&'c(e )0). 6agrants and prostitutes* %enalty. - The followin# are va#rants& '. Any "erson havin# no a""arent means of subsistence, who has the "hysical ability to work and who ne#lects to a""ly himself or herself to some lawful callin#, ). Any "erson found loiterin# about "ublic or semi-"ublic buildin#s or "laces or tram"lin# or wanderin# about the country or the streets without visible means of su""ort, -. Any idle or dissolute "erson who led#es in houses of ill fame, ruffians or "im"s and those who habitually associate with "rostitutes, .. Any "erson who, not bein# included in the "rovisions of other articles of this Code, shall be found loiterin# in any inhabited or uninhabited "lace belon#in# to another without any lawful or %ustifiable "ur"ose, 0. Prostitutes. 5or the "ur"oses of this article, women who, for money or "rofit, habitually indul#e in se!ual intercourse or lascivious conduct, are deemed to be "rostitutes. Any "erson found #uilty of any of the offenses covered by this articles shall be "unished by arresto menor or a fine not e!ceedin# )99 "esos, and in case of recidivism, by arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod or a fine ran#in# from )99 to ),999 "esos, or both, in the discretion of the court. T'&(e Se7e* CRI%ES C %%ITTED ", P+"LIC C-./&er *e PRELI%INAR, PR VISI NS $$ICERS

D C+ST %S

Ar&'c(e )00. rave scandal. - The "enalties of arresto mayor and "ublic censure shall be im"osed u"on any "erson who shall offend a#ainst decency or #ood customs by any hi#hly scandalous conduct not e!"ressly fallin# within any other article of this Code. Ar&'c(e )01. ,mmoral doctrines, obscene publications and exhibitions and indecent shows. - The "enalty of "rision mayor or a fine ran#in# from si! thousand to twelve thousand "esos, or both such im"risonment and fine, shall be im"osed u"on& 3'4 Those who shall "ublicly e!"ound or "roclaim doctrines o"enly contrary to "ublic morals, 3)4 3a4 the authors of obscene literature, "ublished with their knowled#e in any form, the editors "ublishin# such literature, and the ownersDo"erators of the establishment sellin# the same, 3b4 Those who, in theaters, fairs, cinemato#ra"hs or any other "lace, e!hibit, indecent or immoral "lays, scenes, acts or shows, whether live or in film, which are "rescribed by virtue hereof, shall include those which 3'4 #lorify criminals or condone crimes, 3)4 serve no other "ur"ose but to satisfy the market for violence, lust or "orno#ra"hy, 3-4 offend any race or reli#ion, 3.4 tend to abet traffic in and use of "rohibited dru#s, and 304 are contrary to law, "ublic order,

Ar&'c(e )03. Who are public officers. - 5or the "ur"ose of a""lyin# the "rovisions of this and the "recedin# titles of this book, any "erson who, by direct "rovision of the law, "o"ular election or a""ointment by com"etent authority, shall take "art in the "erformance of "ublic functions in the +overnment of the Phili""ine *slands, of shall "erform in said +overnment or in any of its branches "ublic duties as an em"loyee, a#ent or subordinate official, of any rank or class, shall be deemed to be a "ublic officer. C-./&er T3o %AL$EASANCE AND %IS$EASANCE IN Sec&'o* *e. - Dereliction of duty

ine!cusable ne#li#ence or i#norance, shall "re%udice his client, or reveal any of the secrets of the latter learned by him in his "rofessional ca"acity. The same "enalty shall be im"osed u"on an attorney-at-law or solicitor 3"rocurador %udicial4 who, havin# undertaken the defense of a client or havin# received confidential information from said client in a case, shall undertake the defense of the o""osin# "arty in the same case, without the consent of his first client. Sec&'o* T3o. - )ribery Ar&'c(e )10. Direct bribery. - Any "ublic officer who shall a#ree to "erform an act constitutin# a crime, in connection with the "erformance of this official duties, in consideration of any offer, "romise, #ift or "resent received by such officer, "ersonally or throu#h the mediation of another, shall suffer the "enalty of "rision mayor in its medium and ma!imum "eriods and a fine of not less than the value of the #ift andE not less than three times the value of the #ift in addition to the "enalty corres"ondin# to the crime a#reed u"on, if the same shall have been committed. *f the #ift was acce"ted by the officer in consideration of the e!ecution of an act which does not constitute a crime, and the officer e!ecuted said act, he shall suffer the same "enalty "rovided in the "recedin# "ara#ra"h, and if said act shall not have been accom"lished, the officer shall suffer the "enalties of "rision correccional, in its medium "eriod and a fine of not less than twice the value of such #ift. *f the ob%ect for which the #ift was received or "romised was to make the "ublic officer refrain from doin# somethin# which it was his official duty to do, he shall suffer the "enalties of "rision correccional in its ma!imum "eriod and a fine of not less than the value of the #ift and not less than three times the value of such #ift. *n addition to the "enalties "rovided in the "recedin# "ara#ra"hs, the cul"rit shall suffer the "enalty of s"ecial tem"orary dis6ualification. The "rovisions contained in the "recedin# "ara#ra"hs shall be made a""licable to assessors, arbitrators, a""raisal and claim commissioners, e!"erts or any other "ersons "erformin# "ublic duties. 3As amended by 2atas Pambansa 2l#. <=', a""roved Aay )>, '><04. Ar&'c(e )11. ,ndirect bribery. - The "enalties of "rision correccional in its medium and ma!imum "eriods, and "ublic censure shall be im"osed u"on any "ublic officer who shall acce"t #ifts offered to him by reason of his office. 3As amended by 2atas Pambansa 2l#. <=', a""roved Aay )>, '><04.

$$ICE

Ar&'c(e )00. ;nowingly rendering un"ust "udgment. - Any %ud#e who shall knowin#ly render an un%ust %ud#ment in any case submitted to him for decision, shall be "unished by "rision mayor and "er"etual absolute dis6ualification. Ar&'c(e )05. #udgment rendered through negligence. - Any %ud#e who, by reason of ine!cusable ne#li#ence or i#norance shall render a manifestly un%ust %ud#ment in any case submitted to him for decision shall be "unished by arresto mayor and tem"orary s"ecial dis6ualification. Ar&'c(e )01. 5n"ust interlocutory order. - Any %ud#e who shall knowin#ly render an un%ust interlocutory order or decree shall suffer the "enalty of arresto mayor in its minimum "eriod and sus"ension, but if he shall have acted by reason of ine!cusable ne#li#ence or i#norance and the interlocutory order or decree be manifestly un%ust, the "enalty shall be sus"ension. Ar&'c(e )02. $alicious delay in the administration of "ustice. - The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on any %ud#e #uilty of malicious delay in the administration of %ustice. Ar&'c(e )08. %rosecution of offenses* negligence and tolerance. - The "enalty of "rision correccional in its minimum "eriod and sus"ension shall be im"osed u"on any "ublic officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from institutin# "rosecution for the "unishment of violators of the law, or shall tolerate the commission of offenses. Ar&'c(e )09. )etrayal of trust by an attorney or solicitor. - Revelation of secrets. - *n addition to the "ro"er administrative action, the "enalty of "rision correccional in its minimum "eriod, or a fine ran#in# from )99 to ',999 "esos, or both, shall be im"osed u"on any attorney-at-law or solicitor 3 "rocurador %udicial4 who, by any malicious breach of "rofessional duty or of

Ar&'c(e )118A. 8ualified bribery. - *f any "ublic officer is entrusted with law enforcement and he refrains from arrestin# or "rosecutin# an offender who has committed a crime "unishable by reclusion "er"etua andDor death in consideration of any offer, "romise, #ift or "resent, he shall suffer the "enalty for the offense which was not "rosecuted. *f it is the "ublic officer who asks or demands such #ift or "resent, he shall suffer the "enalty of death. 3As added by (ec. ., RA ?o. =;0>4. Ar&'c(e )1). Corruption of public officials. - The same "enalties im"osed u"on the officer corru"ted, e!ce"t those of dis6ualification and sus"ension, shall be im"osed u"on any "erson who shall have made the offers or "romises or #iven the #ifts or "resents as described in the "recedin# articles. C-./&er T-ree $RA+DS AND ILLEGAL E5ACTI NS AND TRANSACTI NS Ar&'c(e )13. 7rauds against the public treasury and similar offenses. - The "enalty of "rision correccional in its medium "eriod to "rision mayor in its minimum "eriod, or a fine ran#in# from )99 to '9,999 "esos, or both, shall be im"osed u"on any "ublic officer who& '. *n his official ca"acity, in dealin# with any "erson with re#ard to furnishin# su""lies, the makin# of contracts, or the ad%ustment or settlement of accounts relatin# to "ublic "ro"erty or funds, shall enter into an a#reement with any interested "arty or s"eculator or make use of any other scheme, to defraud the +overnment, ). 2ein# entrusted with the collection of ta!es, licenses, fees and other im"osts, shall be #uilty or any of the followin# acts or omissions& 3a4 7emandin#, directly, or indirectly, the "ayment of sums different from or lar#er than those authori$ed by law. 3b4 5ailin# voluntarily to issue a recei"t, as "rovided by law, for any sum of money collected by him officially. 3c4 Collectin# or receivin#, directly or indirectly, by way of "ayment or otherwise thin#s or ob%ects of a nature different from that "rovided by law.

/hen the cul"rit is an officer or em"loyee of the 2ureau of *nternal Revenue or the 2ureau of Customs, the "rovisions of the Administrative Code shall be a""lied. Ar&'c(e )10. !ther frauds. - *n addition to the "enalties "rescribed in the "rovisions of Cha"ter (i!, Title Ten, 2ook Two, of this Code, the "enalty of tem"orary s"ecial dis6ualification in its ma!imum "eriod to "er"etual s"ecial dis6ualification shall be im"osed u"on any "ublic officer who, takin# advanta#e of his official "osition, shall commit any of the frauds or deceits enumerated in said "rovisions. Ar&'c(e )15. %rohibited transactions. - The "enalty of "rision correccional in its ma!imum "eriod or a fine ran#in# from )99 to ',999 "esos, or both, shall be im"osed u"on any a""ointive "ublic officer who, durin# his incumbency, shall directly or indirectly become interested in any transaction of e!chan#e or s"eculation within the territory sub%ect to his %urisdiction. Ar&'c(e )11. %ossession of prohibited interest by a public officer. - The "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod, or a fine ran#in# from )99 to ',999 "esos, or both, shall be im"osed u"on a "ublic officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene. This "rovisions is a""licable to e!"erts, arbitrators and "rivate accountants who, in like manner, shall take "art in any contract or transaction connected with the estate or "ro"erty in a""raisal, distribution or ad%udication of which they shall have acted, and to the #uardians and e!ecutors with res"ect to the "ro"erty belon#in# to their wards or estate. C-./&er $o6r %ALVERSATI N

$ P+"LIC $+NDS

R PR PERT,

Ar&'c(e )12. $alversation of public funds or property* %resumption of malversation. - Any "ublic officer who, by reason of the duties of his office, is accountable for "ublic funds or "ro"erty, shall a""ro"riate the same or shall take or misa""ro"riate or shall consent, throu#h abandonment or ne#li#ence, shall "ermit any other "erson to take such "ublic funds, or "ro"erty, wholly or "artially, or shall otherwise be #uilty of the misa""ro"riation or malversation of such funds or "ro"erty, shall suffer& '. The "enalty of "rision correccional in its medium and ma!imum "eriods, if the amount involved in the misa""ro"riation or malversation does not e!ceed two hundred "esos.

). The "enalty of "rision mayor in its minimum and medium "eriods, if the amount involved is more than two hundred "esos but does not e!ceed si! thousand "esos. -. The "enalty of "rision mayor in its ma!imum "eriod to reclusion tem"oral in its minimum "eriod, if the amount involved is more than si! thousand "esos but is less than twelve thousand "esos. .. The "enalty of reclusion tem"oral, in its medium and ma!imum "eriods, if the amount involved is more than twelve thousand "esos but is less than twenty-two thousand "esos. *f the amount e!ceeds the latter, the "enalty shall be reclusion tem"oral in its ma!imum "eriod to reclusion "er"etua. *n all cases, "ersons #uilty of malversation shall also suffer the "enalty of "er"etual s"ecial dis6ualification and a fine e6ual to the amount of the funds malversed or e6ual to the total value of the "ro"erty embe$$led. The failure of a "ublic officer to have duly forthcomin# any "ublic funds or "ro"erty with which he is char#eable, u"on demand by any duly authori$ed officer, shall be "rima facie evidence that he has "ut such missin# funds or "ro"erty to "ersonal use. 3As amended by RA '9;94. Ar&'c(e )18. 7ailure of accountable officer to render accounts. - Any "ublic officer, whether in the service or se"arated therefrom by resi#nation or any other cause, who is re6uired by law or re#ulation to render account to the *nsular Auditor, or to a "rovincial auditor and who fails to do so for a "eriod of two months after such accounts should be rendered, shall be "unished by "rision correccional in its minimum "eriod, or by a fine ran#in# from )99 to ;,999 "esos, or both. Ar&'c(e )19. 7ailure of a responsible public officer to render accounts before leaving the country. - Any "ublic officer who unlawfully leaves or attem"ts to leave the Phili""ine *slands without securin# a certificate from the *nsular Auditor showin# that his accounts have been finally settled, shall be "unished by arresto mayor, or a fine ran#in# from )99 to ',999 "esos or both. Ar&'c(e ))0. ,llegal use of public funds or property. - Any "ublic officer who shall a""ly any "ublic fund or "ro"erty under his administration to any "ublic use other than for which such fund or "ro"erty were a""ro"riated by law or ordinance shall suffer the "enalty of "rision correccional in its minimum "eriod or a fine ran#in# from one-half to the total of the sum misa""lied, if by reason of such misa""lication, any dama#es or embarrassment shall have

resulted to the "ublic service. *n either case, the offender shall also suffer the "enalty of tem"orary s"ecial dis6ualification. *f no dama#e or embarrassment to the "ublic service has resulted, the "enalty shall be a fine from 0 to 09 "er cent of the sum misa""lied. Ar&'c(e ))1. 7ailure to make delivery of public funds or property. - Any "ublic officer under obli#ation to make "ayment from +overnment funds in his "ossession, who shall fail to make such "ayment, shall be "unished by arresto mayor and a fine from 0 to )0 "er cent of the sum which he failed to "ay. This "rovision shall a""ly to any "ublic officer who, bein# ordered by com"etent authority to deliver any "ro"erty in his custody or under his administration, shall refuse to make such delivery. The fine shall be #raduated in such case by the value of the thin#, "rovided that it shall not less than 09 "esos. Ar&'c(e ))). !fficers included in the preceding provisions. - The "rovisions of this cha"ter shall a""ly to "rivate individuals who in any ca"acity whatever, have char#e of any insular, "rovincial or munici"al funds, revenues, or "ro"erty and to any administrator or de"ository of funds or "ro"erty attached, sei$ed or de"osited by "ublic authority, even if such "ro"erty belon#s to a "rivate individual. C-./&er $'7e IN$IDELIT, $ P+"LIC Sec&'o*

$$ICERS

*e. - ,nfidelity in the custody of prisoners

Ar&'c(e ))3. Conniving with or consenting to evasion. - Any "ublic officer who shall consent to the esca"e of a "risoner in his custody or char#e, shall be "unished& '. 2y "rision correccional in its medium and ma!imum "eriods and tem"orary s"ecial dis6ualification in its ma!imum "eriod to "er"etual s"ecial dis6ualification, if the fu#itive shall have been sentenced by final %ud#ment to any "enalty. ). 2y "rision correccional in its minimum "eriod and tem"orary s"ecial dis6ualification, in case the fu#itive shall not have been finally convicted but only held as a detention "risoner for any crime or violation of law or munici"al ordinance.

Ar&'c(e ))0. 'vasion through negligence. - *f the evasion of the "risoner shall have taken "lace throu#h the ne#li#ence of the officer char#ed with the conveyance or custody of the esca"in# "risoner, said officer shall suffer the "enalties of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod and tem"orary s"ecial dis6ualification. Ar&'c(e ))5. 'scape of prisoner under the custody of a person not a public officer. - Any "rivate "erson to whom the conveyance or custody or a "risoner or "erson under arrest shall have been confided, who shall commit any of the offenses mentioned in the two "recedin# articles, shall suffer the "enalty ne!t lower in de#ree than that "rescribed for the "ublic officer. Sec&'o* T3o. - ,nfidelity in the custody of document Ar&'c(e ))1. &emoval, concealment or destruction of documents. - Any "ublic officer who shall remove, destroy or conceal documents or "a"ers officially entrusted to him, shall suffer& '. The "enalty of "rision mayor and a fine not e!ceedin# ',999 "esos, whenever serious dama#e shall have been caused thereby to a third "arty or to the "ublic interest. ). The "enalty of "rision correccional in its minimum and medium "eriod and a fine not e!ceedin# ',999 "esos, whenever the dama#e to a third "arty or to the "ublic interest shall not have been serious. *n either case, the additional "enalty of tem"orary s"ecial dis6ualification in its ma!imum "eriod to "er"etual dis6ualification shall be im"osed. Ar&'c(e ))2. !fficer breaking seal. - Any "ublic officer char#ed with the custody of "a"ers or "ro"erty sealed by "ro"er authority, who shall break the seals or "ermit them to be broken, shall suffer the "enalties of "rision correccional in its minimum and medium "eriods, tem"orary s"ecial dis6ualification and a fine not e!ceedin# ),999 "esos. Ar&'c(e ))8. !pening of closed documents. - Any "ublic officer not included in the "rovisions of the ne!t "recedin# article who, without "ro"er authority, shall o"en or shall "ermit to be o"ened any closed "a"ers, documents or ob%ects entrusted to his custody, shall suffer the "enalties or arresto mayor, tem"orary s"ecial dis6ualification and a fine of not e!ceedin# ),999 "esos. Sec&'o* T-ree. - &evelation of secrets

Ar&'c(e ))9. &evelation of secrets by an officer. - Any "ublic officer who shall reveal any secret known to him by reason of his official ca"acity, or shall wron#fully deliver "a"ers or co"ies of "a"ers of which he may have char#e and which should not be "ublished, shall suffer the "enalties of "rision correccional in its medium and ma!imum "eriods, "er"etual s"ecial dis6ualification and a fine not e!ceedin# ),999 "esos if the revelation of such secrets or the delivery of such "a"ers shall have caused serious dama#e to the "ublic interest, otherwise, the "enalties of "rision correccional in its minimum "eriod, tem"orary s"ecial dis6ualification and a fine not e!ceedin# 09 "esos shall be im"osed. Ar&'c(e )30. %ublic officer revealing secrets of private individual. - Any "ublic officer to whom the secrets of any "rivate individual shall become known by reason of his office who shall reveal such secrets, shall suffer the "enalties of arresto mayor and a fine not e!ceedin# ',999 "esos. C-./&er S'9 THER $$ENSES

R IRREG+LARITIES ", P+"LIC

$$ICERS

Ar&'c(e )31. !pen disobedience. - Any %udicial or e!ecutive officer who shall o"enly refuse to e!ecute the %ud#ment, decision or order of any su"erior authority made within the sco"e of the %urisdiction of the latter and issued with all the le#al formalities, shall suffer the "enalties of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod, tem"orary s"ecial dis6ualification in its ma!imum "eriod and a fine not e!ceedin# ',999 "esos. Ar&'c(e )3). Disobedience to order of superior officers, when said order was suspended by inferior officer. - Any "ublic officer who, havin# for any reason sus"ended the e!ecution of the orders of his su"eriors, shall disobey such su"eriors after the latter have disa""roved the sus"ension, shall suffer the "enalties of "rision correccional in its minimum and medium "eriods and "er"etual s"ecial dis6ualification. Ar&'c(e )33. &efusal of assistance. - The "enalties of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod, "er"etual s"ecial dis6ualification and a fine not e!ceedin# ',999 "esos, shall be im"osed u"on a "ublic officer who, u"on demand from com"etent authority, shall fail to lend his coo"eration towards the administration of %ustice or other "ublic service, if such failure shall result in serious dama#e to the "ublic interest, or to a third "arty, otherwise, arresto mayor in its medium and ma!imum "eriods and a fine not e!ceedin# 099 "esos shall be im"osed. Ar&'c(e )30. &efusal to discharge elective office. - The "enalty of arresto mayor or a fine not e!ceedin# ',999 "esos, or both, shall be im"osed u"on

any "erson who, havin# been elected by "o"ular election to a "ublic office, shall refuse without le#al motive to be sworn in or to dischar#e the duties of said office. Ar&'c(e )35. $altreatment of prisoners. - The "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod, in addition to his liability for the "hysical in%uries or dama#e caused, shall be im"osed u"on any "ublic officer or em"loyee who shall overdo himself in the correction or handlin# of a "risoner or detention "risoner under his char#e, by the im"osition of "unishment not authori$ed by the re#ulations, or by inflictin# such "unishment in a cruel and humiliatin# manner. *f the "ur"ose of the maltreatment is to e!tort a confession, or to obtain some information from the "risoner, the offender shall be "unished by "rision correccional in its minimum "eriod, tem"orary s"ecial dis6ualification and a fine not e!ceedin# 099 "esos, in addition to his liability for the "hysical in%uries or dama#e caused. Sec&'o* T3o. - Antici"ation, "rolon#ation and abandonment of the duties and "owers of "ublic office. Ar&'c(e )31. Anticipation of duties of a public office. - Any "erson who shall assume the "erformance of the duties and "owers of any "ublic officer or em"loyment without first bein# sworn in or havin# #iven the bond re6uired by law, shall be sus"ended from such office or em"loyment until he shall have com"lied with the res"ective formalities and shall be fined from )99 to 099 "esos. Ar&'c(e )32. %rolonging performance of duties and powers. - Any "ublic officer shall continue to e!ercise the duties and "owers of his office, em"loyment or commission, beyond the "eriod "rovided by law, re#ulation or s"ecial "rovisions a""licable to the case, shall suffer the "enalties of "rision correccional in its minimum "eriod, s"ecial tem"orary dis6ualification in its minimum "eriod and a fine not e!ceedin# 099 "esos. Ar&'c(e )38. Abandonment of office or position. - Any "ublic officer who, before the acce"tance of his resi#nation, shall abandon his office to the detriment of the "ublic service shall suffer the "enalty of arresto mayor. *f such office shall have been abandoned in order to evade the dischar#e of the duties of "reventin#, "rosecutin# or "unishin# any of the crime fallin# within Title 1ne, and Cha"ter 1ne of Title Three of 2ook Two of this Code, the offender shall be "unished by "rision correccional in its minimum and medium "eriods, and by arresto mayor if the "ur"ose of such abandonment is to evade the duty of "reventin#, "rosecutin# or "unishin# any other crime.

Sec&'o* T-ree. - 5surpation of powers and unlawful appointments Ar&'c(e )39. 5surpation of legislative powers. - The "enalties of "rision correccional in its minimum "eriod, tem"orary s"ecial dis6ualification and a fine not e!ceedin# ',999 "esos, shall be im"osed u"on any "ublic officer who shall encroach u"on the "owers of the le#islative branch of the +overnment, either by makin# #eneral rules or re#ulations beyond the sco"e of his authority, or by attem"tin# to re"eal a law or sus"endin# the e!ecution thereof. Ar&'c(e )00. 5surpation of executive functions. - Any %ud#e who shall assume any "ower "ertainin# to the e!ecutive authorities, or shall obstruct the latter in the lawful e!ercise of their "owers, shall suffer the "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod. Ar&'c(e )01. 5surpation of "udicial functions. - The "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod and shall be im"osed u"on any officer of the e!ecutive branch of the +overnment who shall assume %udicial "owers or shall obstruct the e!ecution of any order or decision rendered by any %ud#e within its %urisdiction. Ar&'c(e )0). Disobeying re(uest for dis(ualification. - Any "ublic officer who, before the 6uestion of %urisdiction is decided, shall continue any "roceedin# after havin# been lawfully re6uired to refrain from so doin#, shall be "unished by arresto mayor and a fine not e!ceedin# 099 "esos. Ar&'c(e )03. !rders or re(uests by executive officers to any "udicial authority. - Any e!ecutive officer who shall address any order or su##estion to any %udicial authority with res"ect to any case or business comin# within the e!clusive %urisdiction of the courts of %ustice shall suffer the "enalty of arresto mayor and a fine not e!ceedin# 099 "esos. Ar&'c(e )00. 5nlawful appointments. - Any "ublic officer who shall knowin#ly nominate or a""oint to any "ublic office any "erson lackin# the le#al 6ualifications therefor, shall suffer the "enalty of arresto mayor and a fine not e!ceedin# ',999 "esos. Sec&'o* $o6r. - Abuses against chastity Ar&'c(e )05. Abuses against chastity* %enalties. - The "enalties of "rision correccional in its medium and ma!imum "eriods and tem"orary s"ecial dis6ualification shall be im"osed& '. :"on any "ublic officer who shall solicit or make immoral or indecent advances to a woman interested in matters "endin# before

such officer for decision, or with res"ect to which he is re6uired to submit a re"ort to or consult with a su"erior officer, ). Any warden or other "ublic officer directly char#ed with the care and custody of "risoners or "ersons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. *f the "erson solicited be the wife, dau#hter, sister of relative within the same de#ree by affinity of any "erson in the custody of such warden or officer, the "enalties shall be "rision correccional in its minimum and medium "eriods and tem"orary s"ecial dis6ualification. T'&(e E':-& CRI%ES AGAINST PERS NS C-./&er *e DESTR+CTI N Sec&'o*

Ar&'c(e )08. $urder. - Any "erson who, not fallin# within the "rovisions of Article ).; shall kill another, shall be #uilty of murder and shall be "unished by reclusion tem"oral in its ma!imum "eriod to death, if committed with any of the followin# attendant circumstances& '. /ith treachery, takin# advanta#e of su"erior stren#th, with the aid of armed men, or em"loyin# means to weaken the defense or of means or "ersons to insure or afford im"unity. ). *n consideration of a "rice, reward, or "romise. -. 2y means of inundation, fire, "oison, e!"losion, shi"wreck, strandin# of a vessel, derailment or assault u"on a street car or locomotive, fall of an airshi", by means of motor vehicles, or with the use of any other means involvin# #reat waste and ruin. .. 1n occasion of any of the calamities enumerated in the "recedin# "ara#ra"h, or of an earth6uake, eru"tion of a volcano, destructive cyclone, e"idemic or other "ublic calamity. 0. /ith evident "remeditation. ;. /ith cruelty, by deliberately and inhumanly au#mentin# the sufferin# of the victim, or outra#in# or scoffin# at his "erson or cor"se. Ar&'c(e )09. 4omicide. - Any "erson who, not fallin# within the "rovisions of Article ).;, shall kill another without the attendance of any of the circumstances enumerated in the ne!t "recedin# article, shall be deemed #uilty of homicide and be "unished by reclusion tem"oral. Ar&'c(e )50. %enalty for frustrated parricide, murder or homicide. - The courts, in view of the facts of the case, may im"ose u"on the "erson #uilty of the frustrated crime of "arricide, murder or homicide, defined and "enali$ed in the "recedin# articles, a "enalty lower by one de#ree than that which should be im"osed under the "rovision of Article 09. The courts, considerin# the facts of the case, may likewise reduce by one de#ree the "enalty which under Article 0' should be im"osed for an attem"t to commit any of such crimes. Ar&'c(e )51. Death caused in a tumultuous affray. - /hen, while several "ersons, not com"osin# #rou"s or#ani$ed for the common "ur"ose of assaultin# and attackin# each other reci"rocally, 6uarrel and assault each

$ LI$E

*e. - %arricide, murder, homicide

Ar&'c(e )01. %arricide. - Any "erson who shall kill his father, mother, or child, whether le#itimate or ille#itimate, or any of his ascendants, or descendants, or his s"ouse, shall be #uilty of "arricide and shall be "unished by the "enalty of reclusion "er"etua to death. Ar&'c(e )02. Death or physical in"uries inflicted under exceptional circumstances. - Any le#ally married "erson who havin# sur"rised his s"ouse in the act of committin# se!ual intercourse with another "erson, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict u"on them any serious "hysical in%ury, shall suffer the "enalty of destierro. *f he shall inflict u"on them "hysical in%uries of any other kind, he shall be e!em"t from "unishment. These rules shall be a""licable, under the same circumstances, to "arents with res"ect to their dau#hters under ei#hteen years of a#e, and their seducer, while the dau#hters are livin# with their "arents. Any "erson who shall "romote or facilitate the "rostitution of his wife or dau#hter, or shall otherwise have consented to the infidelity of the other s"ouse shall not be entitled to the benefits of this article.

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 "erson or "ersons who inflicted serious "hysical in%uries can be identified, such "erson or "ersons shall be "unished by "rision mayor. *f it cannot be determined who inflicted the serious "hysical in%uries on the deceased, the "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed u"on all those who shall have used violence u"on the "erson of the victim. Ar&'c(e )5). %hysical in"uries inflicted in a tumultuous affray. - /hen in a tumultuous affray as referred to in the "recedin# article, only serious "hysical in%uries are inflicted u"on the "artici"ants thereof and the "erson res"onsible thereof cannot be identified, all those who a""ear to have used violence u"on the "erson of the offended "arty shall suffer the "enalty ne!t lower in de#ree than that "rovided for the "hysical in%uries so inflicted. /hen the "hysical in%uries inflicted are of a less serious nature and the "erson res"onsible therefor cannot be identified, all those who a""ear to have used any violence u"on the "erson of the offended "arty shall be "unished by arresto mayor from five to fifteen days. Ar&'c(e )53. iving assistance to suicide. - Any "erson who shall assist another to commit suicide shall suffer the "enalty of "rision mayor, if such "erson leads his assistance to another to the e!tent of doin# the killin# himself, he shall suffer the "enalty of reclusion tem"oral. Cowever, if the suicide is not consummated, the "enalty of arresto mayor in its medium and ma!imum "eriods, shall be im"osed. Ar&'c(e )50. Discharge of firearms. - Any "erson who shall shoot at another with any firearm shall suffer the "enalty of "rision correccional in its minimum and medium "eriods, unless the facts of the case are such that the act can be held to constitute frustrated or attem"ted "arricide, murder, homicide or any other crime for which a hi#her "enalty is "rescribed by any of the articles of this Code. Sec&'o* T3o. - ,nfanticide and abortion. Ar&'c(e )55. ,nfanticide. - The "enalty "rovided for "arricide in Article ).; and for murder in Article ).< shall be im"osed u"on any "erson who shall kill any child less than three days of a#e.

*f the crime "enali$ed in this article be committed by the mother of the child for the "ur"ose of concealin# her dishonor, she shall suffer the "enalty of "rision correccional in its medium and ma!imum "eriods, and if said crime be committed for the same "ur"ose by the maternal #rand"arents or either of them, the "enalty shall be "rision mayor. Ar&'c(e )51. ,ntentional abortion. - Any "erson who shall intentionally cause an abortion shall suffer& '. The "enalty of reclusion tem"oral, if he shall use any violence u"on the "erson of the "re#nant woman. ). The "enalty of "rision mayor if, without usin# violence, he shall act without the consent of the woman. -. The "enalty of "rision correccional in its medium and ma!imum "eriods, if the woman shall have consented. Ar&'c(e )52. 5nintentional abortion. - The "enalty of "rision correccional in its minimum and medium "eriod shall be im"osed u"on any "erson who shall cause an abortion by violence, but unintentionally. Ar&'c(e )58. Abortion practiced by the woman herself of by her parents. - The "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed u"on a woman who shall "ractice abortion u"on herself or shall consent that any other "erson should do so. Any woman who shall commit this offense to conceal her dishonor, shall suffer the "enalty of "rision correccional in its minimum and medium "eriods. *f this crime be committed by the "arents of the "re#nant woman or either of them, and they act with the consent of said woman for the "ur"ose of concealin# her dishonor, the offenders shall suffer the "enalty of "rision correccional in its medium and ma!imum "eriods. Ar&'c(e )59. Abortion practiced by a physician or midwife and dispensing of abortives. - The "enalties "rovided in Article )0; shall be im"osed in its ma!imum "eriod, res"ectively, u"on any "hysician or midwife who, takin# advanta#e of their scientific knowled#e or skill, shall cause an abortion or assist in causin# the same. Any "harmacist who, without the "ro"er "rescri"tion from a "hysician, shall dis"ense any abortive shall suffer arresto mayor and a fine not e!ceedin# ',999 "esos.

Sec&'o* T-ree. - Duel Ar&'c(e )10. &esponsibility of participants in a duel. - The "enalty of reclusion tem"oral shall be im"osed u"on any "erson who shall kill his adversary in a duel. *f he shall inflict u"on the latter "hysical in%uries only, he shall suffer the "enalty "rovided therefor, accordin# to their nature. *n any other case, the combatants shall suffer the "enalty of arresto mayor, althou#h no "hysical in%uries have been inflicted. The seconds shall in all events be "unished as accom"lices. Ar&'c(e )11. Challenging to a duel. - The "enalty of "rision correccional in its minimum "eriod shall be im"osed u"on any "erson who shall challen#e another, or incite another to #ive or acce"t a challen#e to a duel, or shall scoff at or decry another "ublicly for havin# refused to acce"t a challen#e to fi#ht a duel. C-./&er T3o PH,SICAL IN4+RIES Ar&'c(e )1). $utilation. - The "enalty of reclusion tem"oral to reclusion "er"etua shall be im"osed u"on any "erson who shall intentionally mutilate another by de"rivin# him, either totally or "artially, or some essential or#an of re"roduction. Any other intentional mutilation shall be "unished by "rision mayor in its medium and ma!imum "eriods. Ar&'c(e )13. +erious physical in"uries. - Any "erson who shall wound, beat, or assault another, shall be #uilty of the crime of serious "hysical in%uries and shall suffer& '. The "enalty of "rision mayor, if in conse6uence of the "hysical in%uries inflicted, the in%ured "erson shall become insane, imbecile, im"otent, or blind, ). The "enalty of "rision correccional in its medium and ma!imum "eriods, if in conse6uence of the "hysical in%uries inflicted, the "erson in%ured shall have lost the use of s"eech or the "ower to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a le# or shall have lost the use of any such member, or shall have become

inca"acitated for the work in which he was therefor habitually en#a#ed, -. The "enalty of "rision correccional in its minimum and medium "eriods, if in conse6uence of the "hysical in%uries inflicted, the "erson in%ured shall have become deformed, or shall have lost any other "art of his body, or shall have lost the use thereof, or shall have been ill or inca"acitated for the "erformance of the work in which he as habitually en#a#ed for a "eriod of more than ninety days, .. The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod, if the "hysical in%uries inflicted shall have caused the illness or inca"acity for labor of the in%ured "erson for more than thirty days. *f the offense shall have been committed a#ainst any of the "ersons enumerated in Article ).;, or with attendance of any of the circumstances mentioned in Article ).<, the case covered by subdivision number ' of this Article shall be "unished by reclusion tem"oral in its medium and ma!imum "eriods, the case covered by subdivision number ) by "rision correccional in its ma!imum "eriod to "rision mayor in its minimum "eriod, the case covered by subdivision number - by "rision correccional in its medium and ma!imum "eriods, and the case covered by subdivision number . by "rision correccional in its minimum and medium "eriods. The "rovisions of the "recedin# "ara#ra"h shall not be a""licable to a "arent who shall inflict "hysical in%uries u"on his child by e!cessive chastisement. Ar&'c(e )10. Administering in"urious substances or beverages. - The "enalties established by the ne!t "recedin# article shall be a""licable in the res"ective case to any "erson who, without intent to kill, shall inflict u"on another any serious, "hysical in%ury, by knowin#ly administerin# to him any in%urious substance or bevera#es or by takin# advanta#e of his weakness of mind or credulity. Ar&'c(e )15. 2ess serious physical in"uries. - Any "erson who shall inflict u"on another "hysical in%uries not described in the "recedin# articles, but which shall inca"acitate the offended "arty for labor for ten days or more, or shall re6uire medical assistance for the same "eriod, shall be #uilty of less serious "hysical in%uries and shall suffer the "enalty of arresto mayor. /henever less serious "hysical in%uries shall have been inflicted with the manifest intent to kill or offend the in%ured "erson, or under circumstances

addin# i#nominy to the offense in addition to the "enalty of arresto mayor, a fine not e!ceedin# 099 "esos shall be im"osed. Any less serious "hysical in%uries inflicted u"on the offenderBs "arents, ascendants, #uardians, curators, teachers, or "ersons of rank, or "ersons in authority, shall be "unished by "rision correccional in its minimum and medium "eriods, "rovided that, in the case of "ersons in authority, the deed does not constitute the crime of assault u"on such "erson. Ar&'c(e )11. +light physical in"uries and maltreatment. - The crime of sli#ht "hysical in%uries shall be "unished& '. 2y arresto menor when the offender has inflicted "hysical in%uries which shall inca"acitate the offended "arty for labor from one to nine days, or shall re6uire medical attendance durin# the same "eriod. ). 2y arresto menor or a fine not e!ceedin# )9 "esos and censure when the offender has caused "hysical in%uries which do not "revent the offended "arty from en#a#in# in his habitual work nor re6uire medical assistance. -. 2y arresto menor in its minimum "eriod or a fine not e!ceedin# 09 "esos when the offender shall ill-treat another by deed without causin# any in%ury. T'&(e N'*e CRI%ES AGAINST PERS NAL LI"ERT, AND SEC+RIT, C-./&er *e CRI%ES AGAINST LI"ERT, Sec&'o* *e. - ,llegal Detention

-. *f any serious "hysical in%uries shall have been inflicted u"on the "erson kidna""ed or detained, or if threats to kill him shall have been made. .. *f the "erson kidna""ed or detained shall be a minor, female or a "ublic officer. The "enalty shall be death where the kidna""in# or detention was committed for the "ur"ose of e!tortin# ransom from the victim or any other "erson, even if none of the circumstances above-mentioned were "resent in the commission of the offense. Ar&'c(e )18. +light illegal detention. - The "enalty of reclusion tem"oral shall be im"osed u"on any "rivate individual who shall commit the crimes described in the ne!t "recedin# article without the attendance of any of circumstances enumerated therein. The same "enalty shall be incurred by anyone who shall furnish the "lace for the "er"etration of the crime. *f the offender shall voluntarily release the "erson so kidna""ed or detained within three days from the commencement of the detention, without havin# attained the "ur"ose intended, and before the institution of criminal "roceedin#s a#ainst him, the "enalty shall be "rision mayor in its minimum and medium "eriods and a fine not e!ceedin# seven hundred "esos. Ar&'c(e )19. 5nlawful arrest. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on any "erson who, in any case other than those authori$ed by law, or without reasonable #round therefor, shall arrest or detain another for the "ur"ose of deliverin# him to the "ro"er authorities. Sec&'o* T3o. - ;idnapping of minors Ar&'c(e )20. ;idnapping and failure to return a minor. - The "enalty of reclusion "er"etua shall be im"osed u"on any "erson who, bein# entrusted with the custody of a minor "erson, shall deliberately fail to restore the latter to his "arents or #uardians. Ar&'c(e )21. ,nducing a minor to abandon his home. - The "enalty of "rision correccional and a fine not e!ceedin# seven hundred "esos shall be im"osed u"on anyone who shall induce a minor to abandon the home of his "arent or #uardians or the "ersons entrusted with his custody.

Ar&'c(e )12. ;idnapping and serious illegal detention. - Any "rivate individual who shall kidna" or detain another, or in any other manner de"rive him of his liberty, shall suffer the "enalty of reclusion "er"etua to death& '. *f the kidna""in# or detention shall have lasted more than five days. ). *f it shall have been committed simulatin# "ublic authority.

*f the "erson committin# any of the crimes covered by the two "recedin# articles shall be the father or the mother of the minor, the "enalty shall be arresto mayor or a fine not e!ceedin# three hundred "esos, or both. Sec&'o* T-ree. - +lavery and +ervitude Ar&'c(e )2). +lavery. - The "enalty of "rision mayor and a fine of not e!ceedin# '9,999 "esos shall be im"osed u"on anyone who shall "urchase, sell, kidna" or detain a human bein# for the "ur"ose of enslavin# him. *f the crime be committed for the "ur"ose of assi#nin# the offended "arty to some immoral traffic, the "enalty shall be im"osed in its ma!imum "eriod. Ar&'c(e )23. 'xploitation of child labor. - The "enalty of "rision correccional in its minimum and medium "eriods and a fine not e!ceedin# 099 "esos shall be im"osed u"on anyone who, under the "rete!t of reimbursin# himself of a debt incurred by an ascendant, #uardian or "erson entrusted with the custody of a minor, shall, a#ainst the latterBs will, retain him in his service. Ar&'c(e )20. +ervices rendered under compulsion in payment of debt. - The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod shall be im"osed u"on any "erson who, in order to re6uire or enforce the "ayment of a debt, shall com"el the debtor to work for him, a#ainst his will, as household servant or farm laborer. C-./&er T3o CRI%ES AGAINST SEC+RIT, Sec&'o* *e. - Abandonment of helpless persons and exploitation of minors.

Ar&'c(e )21. Abandoning a minor. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on any one who shall abandon a child under seven years of a#e, the custody of which is incumbent u"on him. /hen the death of the minor shall result from such abandonment, the cul"rit shall be "unished by "rision correccional in its medium and ma!imum "eriods, but if the life of the minor shall have been in dan#er only, the "enalty shall be "rision correccional in its minimum and medium "eriods. The "rovisions contained in the two "recedin# "ara#ra"hs shall not "revent the im"osition of the "enalty "rovided for the act committed, when the same shall constitute a more serious offense. Ar&'c(e )22. Abandonment of minor by person entrusted with his custody* indifference of parents. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on anyone who, havin# char#e of the rearin# or education of a minor, shall deliver said minor to a "ublic institution or other "ersons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the "ro"er authorities. The same "enalty shall be im"osed u"on the "arents who shall ne#lect their children by not #ivin# them the education which their station in life re6uire and financial conditions "ermit. Ar&'c(e )28. 'xploitation of minors. - The "enalty of "rision correccional in its minimum and medium "eriods and a fine not e!ceedin# 099 "esos shall be im"osed u"on& '. Any "erson who shall cause any boy or #irl under si!teen years of a#e to "erform any dan#erous feat of balancin#, "hysical stren#th, or contortion. ). Any "erson who, bein# an acrobat, #ymnast, ro"e-walker, diver, wild-animal tamer or circus mana#er or en#a#ed in a similar callin#, shall em"loy in e!hibitions of these kinds children under si!teen years of a#e who are not his children or descendants. -. Any "erson en#a#ed in any of the callin#s enumerated in the ne!t "ara#ra"h "recedin# who shall em"loy any descendant of his under twelve years of a#e in such dan#erous e!hibitions. .. Any ascendant, #uardian, teacher or "erson entrusted in any ca"acity with the care of a child under si!teen years of a#e, who

Ar&'c(e )25. Abandonment of person in danger and abandonment of one9s own victim. - The "enalty of arresto mayor shall be im"osed u"on& '. Any one who shall fail to render assistance to any "erson whom he shall find in an uninhabited "lace wounded or in dan#er of dyin#, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. ). Anyone who shall fail to hel" or render assistance to another whom he has accidentally wounded or in%ured. -. Anyone who, havin# found an abandoned child under seven years of a#e, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe "lace.

shall deliver such child #ratuitously to any "erson followin# any of the callin#s enumerated in "ara#ra"h ) hereof, or to any habitual va#rant or be##ar. *f the delivery shall have been made in consideration of any "rice, com"ensation, or "romise, the "enalty shall in every case be im"osed in its ma!imum "eriod. *n either case, the #uardian or curator convicted shall also be removed from office as #uardian or curator, and in the case of the "arents of the child, they may be de"rived, tem"orarily or "er"etually, in the discretion of the court, of their "arental authority. 0. Any "erson who shall induce any child under si!teen years of a#e to abandon the home of its ascendants, #uardians, curators, or teachers to follow any "erson en#a#ed in any of the callin#s mentioned in "ara#ra"h ) hereof, or to accom"any any habitual va#rant or be##ar. Ar&'c(e )29. Additional penalties for other offenses. - The im"osition of the "enalties "rescribed in the "recedin# articles, shall not "revent the im"osition u"on the same "erson of the "enalty "rovided for any other felonies defined and "unished by this Code. Sec&'o* T3o. - Trespass to dwelling Ar&'c(e )80. 8ualified trespass to dwelling. - Any "rivate "erson who shall enter the dwellin# of another a#ainst the latterBs will shall be "unished by arresto mayor and a fine not e!ceedin# ',999 "esos. *f the offense be committed by means of violence or intimidation, the "enalty shall be "rision correccional in its medium and ma!imum "eriods and a fine not e!ceedin# ',999 "esos. The "rovisions of this article shall not be a""licable to any "erson who shall enter anotherBs dwellin# for the "ur"ose of "reventin# some serious harm to himself, the occu"ants of the dwellin# or a third "erson, nor shall it be a""licable to any "erson who shall enter a dwellin# for the "ur"ose of renderin# some service to humanity or %ustice, nor to anyone who shall enter cafes, taverns, inn and other "ublic houses, while the same are o"en. Ar&'c(e )81. !ther forms of trespass. - The "enalty of arresto menor or a fine not e!ceedin# )99 "esos, or both, shall be im"osed u"on any "erson who shall enter the closed "remises or the fenced estate of another, while either or them are uninhabited, if the "rohibition to enter be manifest and the

tres"asser has not secured the "ermission of the owner or the caretaker thereof. Sec&'o* T-ree. - Threats and Coercion Ar&'c(e )8). rave threats. - Any "erson who shall threaten another with the infliction u"on the "erson, honor or "ro"erty of the latter or of his family of any wron# amountin# to a crime, shall suffer& '. The "enalty ne!t lower in de#ree than that "rescribed by law for the crime be threatened to commit, if the offender shall have made the threat demandin# money or im"osin# any other condition, even thou#h not unlawful, and said offender shall have attained his "ur"ose. *f the offender shall not have attained his "ur"ose, the "enalty lower by two de#rees shall be im"osed. *f the threat be made in writin# or throu#h a middleman, the "enalty shall be im"osed in its ma!imum "eriod. ). The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos, if the threat shall not have been made sub%ect to a condition. Ar&'c(e )83. 2ight threats. - Any threat to commit a wron# not constitutin# a crime, made in the manner e!"ressed in subdivision ' of the ne!t "recedin# article, shall be "unished by arresto mayor. Ar&'c(e )80. )ond for good behavior. - *n all cases fallin# within the two ne!t "recedin# articles, the "erson makin# the threats may also be re6uired to #ive bail not to molest the "erson threatened, or if he shall fail to #ive such bail, he shall be sentenced to destierro. Ar&'c(e )85. !ther light threats. - The "enalty of arresto menor in its minimum "eriod or a fine not e!ceedin# )99 "esos shall be im"osed u"on& '. Any "erson who, without bein# included in the "rovisions of the ne!t "recedin# article, shall threaten another with a wea"on or draw such wea"on in a 6uarrel, unless it be in lawful self-defense. ). Any "erson who, in the heat of an#er, shall orally threaten another with some harm not constitutin# a crime, and who by subse6uent acts show that he did not "ersist in the idea involved in his threat, "rovided that the circumstances of the offense shall not brin# it within the "rovisions of Article )<) of this Code.

-. Any "erson who shall orally threaten to do another any harm not constitutin# a felony. Ar&'c(e )81. rave coercions. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on any "erson who, without authority of law, shall, by means of violence, "revent another from doin# somethin# not "rohibited by law, or com"el him to do somethin# a#ainst his will, whether it be ri#ht or wron#. *f the coercion be committed for the "ur"ose of com"ellin# another to "erform any reli#ious act or to "revent him from so doin#, the "enalty ne!t hi#her in de#ree shall be im"osed. Ar&'c(e )82. 2ight coercions. - Any "erson who, by means of violence, shall sei$e anythin# belon#in# to his debtor for the "ur"ose of a""lyin# the same to the "ayment of the debt, shall suffer the "enalty of arresto mayor in its minimum "eriod and a fine e6uivalent to the value of the thin#, but in no case less than =0 "esos. Any other coercions or un%ust ve!ations shall be "unished by arresto menor or a fine ran#in# from 0 "esos to )99 "esos, or both. Ar&'c(e )88. !ther similar coercions* <Compulsory purchase of merchandise and payment of wages by means of tokens.= - The "enalty of arresto mayor or a fine ran#in# from )99 to 099 "esos, or both, shall be im"osed u"on any "erson, a#ent or officer, of any association or cor"oration who shall force or com"el, directly or indirectly, or shall knowin#ly "ermit any laborer or em"loyee em"loyed by him or by such firm or cor"oration to be forced or com"elled, to "urchase merchandise or commodities of any kind. The same "enalties shall be im"osed u"on any "erson who shall "ay the wa#es due a laborer or em"loyee em"loyed by him, by means of tokens or ob%ects other than the le#al tender currency of the laborer or em"loyee. Ar&'c(e )89. 7ormation, maintenance and prohibition of combination of capital or labor through violence or threats. - The "enalty of arresto mayor and a fine not e!ceedin# -99 "esos shall be im"osed u"on any "erson who, for the "ur"ose of or#ani$in#, maintainin# or "reventin# coalitions or ca"ital or labor, strike of laborers or lock-out of em"loyees, shall em"loy violence or threats in such a de#ree as to com"el or force the laborers or em"loyers in the free and le#al e!ercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the "rovisions of this Code.

C-./&er T-ree DISC VER, AND REVELATI N

$ SECRETS

Ar&'c(e )90. Discovering secrets through sei>ure of correspondence. - The "enalty of "rision correccional in its minimum and medium "eriods and a fine not e!ceedin# 099 "esos shall be im"osed u"on any "rivate individual who in order to discover the secrets of another, shall sei$e his "a"ers or letters and reveal the contents thereof. *f the offender shall not reveal such secrets, the "enalty shall be arresto mayor and a fine not e!ceedin# 099 "esos. The "rovision shall not be a""licable to "arents, #uardians, or "ersons entrusted with the custody of minors with res"ect to the "a"ers or letters of the children or minors "laced under their care or study, nor to s"ouses with res"ect to the "a"ers or letters of either of them. Ar&'c(e )91. &evealing secrets with abuse of office. - The "enalty of arresto mayor and a fine not e!ceedin# 099 "esos shall be im"osed u"on any mana#er, em"loyee, or servant who, in such ca"acity, shall learn the secrets of his "rinci"al or master and shall reveal such secrets. Ar&'c(e )9). &evelation of industrial secrets. - The "enalty of "rision correccional in its minimum and medium "eriods and a fine not e!ceedin# 099 "esos shall be im"osed u"on the "erson in char#e, em"loyee or workman of any manufacturin# or industrial establishment who, to the "re%udice of the owner thereof, shall reveal the secrets of the industry of the latter. T'&(e Te* CRI%ES AGAINST PR PERT, C-./&er *e R ""ER, IN GENERAL Ar&'c(e )93. Who are guilty of robbery. - Any "erson who, with intent to #ain, shall take any "ersonal "ro"erty belon#in# to another, by means of violence or intimidation of any "erson, or usin# force u"on anythin# shall be #uilty of robbery. Sec&'o* *e. - &obbery with violence or intimidation of persons.

Ar&'c(e )90. &obbery with violence against or intimidation of persons* %enalties. - Any "erson #uilty of robbery with the use of violence a#ainst or intimidation of any "erson shall suffer& '. The "enalty of reclusion "er"etua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed. ). The "enalty of reclusion tem"oral in its medium "eriod to reclusion "er"etua when the robbery shall have been accom"anied by ra"e or intentional mutilation, or if by reason or on occasion of such robbery, any of the "hysical in%uries "enali$ed in subdivision ' of Article );shall have been inflicted, Provided, however, that when the robbery accom"anied with ra"e is committed with a use of a deadly wea"on or by two or more "ersons, the "enalty shall be reclusion "er"etua to death 3As amended by P7 ?o. =;=4. -. The "enalty of reclusion tem"oral, when by reason or on occasion of the robbery, any of the "hysical in%uries "enali$ed in subdivision ) of the article mentioned in the ne!t "recedin# "ara#ra"h, shall have been inflicted. .. The "enalty of "rision mayor in its ma!imum "eriod to reclusion tem"oral in its medium "eriod, if the violence or intimidation em"loyed in the commission of the robbery shall have been carried to a de#ree clearly unnecessary for the commission of the crime, or when the course of its e!ecution, the offender shall have inflicted u"on any "erson not res"onsible for its commission any of the "hysical in%uries covered by sub-divisions - and . of said Article )-. 0. The "enalty of "rision correccional in its ma!imum "eriod to "rision mayor in its medium "eriod in other cases. 3As amended by R. A. '<4. Ar&'c(e )95. &obbery with physical in"uries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. - *f the offenses mentioned in subdivisions three, four, and five of the ne!t "recedin# article shall have been committed in an uninhabited "lace or by a band, or by attackin# a movin# train, street car, motor vehicle or airshi", or by enterin# the "assen#erBs com"artments in a train or, in any manner, takin# the "assen#ers thereof by sur"rise in the res"ective conveyances, or on a street, road, hi#hway, or alley, and the intimidation is made with the use of a firearm, the offender shall be "unished by the ma!imum "eriod of the "ro"er "enalties.

*n the same cases, the "enalty ne!t hi#her in de#ree shall be im"osed u"on the leader of the band. Ar&'c(e )91. Definition of a band and penalty incurred by the members thereof. - /hen more than three armed malefactors take "art in the commission of a robbery, it shall be deemed to have been committed by a band. /hen any of the arms used in the commission of the offense be an unlicensed firearm, the "enalty to be im"osed u"on all the malefactors shall be the ma!imum of the corres"ondin# "enalty "rovided by law, without "re%udice of the criminal liability for ille#al "ossession of such unlicensed firearms. Any member of a band who is "resent at the commission of a robbery by the band, shall be "unished as "rinci"al of any of the assaults committed by the band, unless it be shown that he attem"ted to "revent the same. Ar&'c(e )92. Attempted and frustrated robbery committed under certain circumstances. - /hen by reason or on occasion of an attem"ted or frustrated robbery a homicide is committed, the "erson #uilty of such offenses shall be "unished by reclusion tem"oral in its ma!imum "eriod to reclusion "er"etua, unless the homicide committed shall deserve a hi#her "enalty under the "rovisions of this Code. Ar&'c(e )98. 'xecution of deeds by means of violence or intimidation. - Any "erson who, with intent to defraud another, by means of violence or intimidation, shall com"el him to si#n, e!ecute or deliver any "ublic instrument or documents, shall be held #uilty of robbery and "unished by the "enalties res"ectively "rescribed in this Cha"ter. Sec&'o* T3o. - &obbery by the use of force upon things Ar&'c(e )99. &obbery in an inhabited house or public building or edifice devoted to worship. - Any armed "erson who shall commit robbery in an inhabited house or "ublic buildin# or edifice devoted to reli#ious worshi", shall be "unished by reclusion tem"oral, if the value of the "ro"erty taken shall e!ceed )09 "esos, and if& 3a4 The malefactors shall enter the house or buildin# in which the robbery was committed, by any of the followin# means& '. Throu#h a o"enin# not intended for entrance or e#ress.

). 2y breakin# any wall, roof, or floor or breakin# any door or window. -. 2y usin# false keys, "icklocks or similar tools. .. 2y usin# any fictitious name or "retendin# the e!ercise of "ublic authority. 1r if 3b4 The robbery be committed under any of the followin# circumstances& '. 2y the breakin# of doors, wardrobes, chests, or any other kind of locked or sealed furniture or rece"tacle, ). 2y takin# such furniture or ob%ects to be broken or forced o"en outside the "lace of the robbery. /hen the offenders do not carry arms, and the value of the "ro"erty taken e!ceeds )09 "esos, the "enalty ne!t lower in de#ree shall be im"osed. The same rule shall be a""lied when the offenders are armed, but the value of the "ro"erty taken does not e!ceed )09 "esos. /hen said offenders do not carry arms and the value of the "ro"erty taken does not e!ceed )09 "esos, they shall suffer the "enalty "rescribed in the two ne!t "recedin# "ara#ra"hs, in its minimum "eriod. *f the robbery be committed in one of the de"endencies of an inhabited house, "ublic buildin#, or buildin# dedicated to reli#ious worshi", the "enalties ne!t lower in de#ree than those "rescribed in this article shall be im"osed. Ar&'c(e 300. &obbery in an uninhabited place and by a band. - The robbery mentioned in the ne!t "recedin# article, if committed in an uninhabited "lace and by a band, shall be "unished by the ma!imum "eriod of the "enalty "rovided therefor. Ar&'c(e 301. What is an inhabited house, public building or building dedicated to religious worship and their dependencies. - *nhabited house means any shelter, shi" or vessel constitutin# the dwellin# of one or more "ersons, even thou#h the inhabitants thereof shall tem"orarily be absent therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, #ranaries, barns, coach-houses, stables or other de"artments or inclosed "laces conti#uous to the buildin# or edifice, havin# an interior entrance connected therewith, and which form "art of the whole, shall be deemed de"endencies of an inhabited house, "ublic buildin# or buildin# dedicated to reli#ious worshi". 1rchards and other lands used for cultivation or "roduction are not included in the terms of the ne!t "recedin# "ara#ra"h, even if closed, conti#uous to the buildin# and havin# direct connection therewith. The term ""ublic buildin#" includes every buildin# owned by the +overnment or belon#in# to a "rivate "erson not included used or rented by the +overnment, althou#h tem"orarily unoccu"ied by the same. Ar&'c(e 30). &obbery is an uninhabited place or in a private building. - Any robbery committed in an uninhabited "lace or in a buildin# other than those mentioned in the first "ara#ra"h of Article )>>, if the value of the "ro"erty taken e!ceeds )09 "esos, shall be "unished by "rision correccional if any of the followin# circumstances is "resent& '. *f the entrance has been effected throu#h any o"enin# not intended for entrance or e#ress. ). *f any wall, roof, flour or outside door or window has been broken. -. *f the entrance has been effected throu#h the use of false keys, "icklocks or other similar tools. .. *f any dorm, wardrobe, chest or by sealed or closed furniture or rece"tacle has been broken. 0. *f any closed or sealed rece"tacle, as mentioned in the "recedin# "ara#ra"h, has been removed even if the same to broken o"en elsewhere. /hen the value of the "ro"erty takes does not e!ceed )09 "esos, the "enalty ne!t lower in de#ree shall be im"osed. *n the cases s"ecified in Articles )>., )>0, )>=, )>>, -99, and -9) of this Code, when the "ro"erty taken is mail matter or lar#e cattle, the offender shall suffer the "enalties ne!t hi#her in de#ree than those "rovided in said articles.

Ar&'c(e 303. &obbery of cereals, fruits, or firewood in an uninhabited place or private building. - *n the cases enumerated in Articles )>> and -9), when the robbery consists in the takin# of cereals, fruits, or firewood, the cul"rit shall suffer the "enalty ne!t lower in de#ree than that "rescribed in said articles. Ar&'c(e 300. %ossession of picklocks or similar tools. - Any "erson who shall without lawful cause have in his "ossession "icklocks or similar tools es"ecially ado"ted to the commission of the crime of robbery, shall be "unished by arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod. The same "enalty shall be im"osed u"on any "erson who shall make such tools. *f the offender be a locksmith, he shall suffer the "enalty of "rision correccional in its medium and ma!imum "eriods. Ar&'c(e 305. 7alse keys. - The term "false keys" shall be deemed to include& '. The tools mentioned in the ne!t "recedin# articles.

described in the ne!t "recedin# article, or #ivin# them information of the movements of the "olice or other "eace officers of the +overnment 3or of the forces of the :nited (tates Army4, when the latter are actin# in aid of the +overnment, or ac6uirin# or receivin# the "ro"erty taken by such bri#ands shall be "unished by "rision correccional in its medium "eriod to "rision mayor in its minimum "eriod. *t shall be "resumed that the "erson "erformin# any of the acts "rovided in this article has "erformed them knowin#ly, unless the contrary is "roven. C-./&er T-ree THE$T Ar&'c(e 308. Who are liable for theft. - Theft is committed by any "erson who, with intent to #ain but without violence a#ainst or intimidation of "ersons nor force u"on thin#s, shall take "ersonal "ro"erty of another without the latterBs consent. Theft is likewise committed by&

). +enuine keys stolen from the owner. -. Any keys other than those intended by the owner for use in the lock forcibly o"ened by the offender. C-./&er T3o "RIGANDAGE Ar&'c(e 301. Who are brigands* %enalty. - /hen more than three armed "ersons form a band of robbers for the "ur"ose of committin# robbery in the hi#hway, or kidna""in# "ersons for the "ur"ose of e!tortion or to obtain ransom or for any other "ur"ose to be attained by means of force and violence, they shall be deemed hi#hway robbers or bri#ands. Persons found #uilty of this offense shall be "unished by "rision mayor in its medium "eriod to reclusion tem"oral in its minimum "eriod if the act or acts committed by them are not "unishable by hi#her "enalties, in which case, they shall suffer such hi#h "enalties. *f any of the arms carried by any of said "ersons be an unlicensed firearms, it shall be "resumed that said "ersons are hi#hway robbers or bri#ands, and in case of convictions the "enalty shall be im"osed in the ma!imum "eriod. Ar&'c(e 302. Aiding and abetting a band of brigands. - Any "erson knowin#ly and in any manner aidin#, abettin# or "rotectin# a band of bri#ands as '. Any "erson who, havin# found lost "ro"erty, shall fail to deliver the same to the local authorities or to its owner, ). Any "erson who, after havin# maliciously dama#ed the "ro"erty of another, shall remove or make use of the fruits or ob%ect of the dama#e caused by him, and -. Any "erson who shall enter an inclosed estate or a field where tres"ass is forbidden or which belon#s to another and without the consent of its owner, shall hunt or fish u"on the same or shall #ather cereals, or other forest or farm "roducts. Ar&'c(e 309. %enalties. - Any "erson #uilty of theft shall be "unished by& '. The "enalty of "rision mayor in its minimum and medium "eriods, if the value of the thin# stolen is more than '),999 "esos but does not e!ceed )),999 "esos, but if the value of the thin# stolen e!ceeds the latter amount the "enalty shall be the ma!imum "eriod of the one "rescribed in this "ara#ra"h, and one year for each additional ten thousand "esos, but the total of the "enalty which may be im"osed shall not e!ceed twenty years. *n such cases, and in connection with the accessory "enalties which may be im"osed and for the "ur"ose of the other "rovisions of this Code, the "enalty shall be termed "rision mayor or reclusion tem"oral, as the case may be.

). The "enalty of "rision correccional in its medium and ma!imum "eriods, if the value of the thin# stolen is more than ;,999 "esos but does not e!ceed '),999 "esos. -. The "enalty of "rision correccional in its minimum and medium "eriods, if the value of the "ro"erty stolen is more than )99 "esos but does not e!ceed ;,999 "esos. .. Arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod, if the value of the "ro"erty stolen is over 09 "esos but does not e!ceed )99 "esos. 0. Arresto mayor to its full e!tent, if such value is over 0 "esos but does not e!ceed 09 "esos. ;. Arresto mayor in its minimum and medium "eriods, if such value does not e!ceed 0 "esos. =. Arresto menor or a fine not e!ceedin# )99 "esos, if the theft is committed under the circumstances enumerated in "ara#ra"h - of the ne!t "recedin# article and the value of the thin# stolen does not e!ceed 0 "esos. *f such value e!ceeds said amount, the "rovision of any of the five "recedin# subdivisions shall be made a""licable. <. Arresto menor in its minimum "eriod or a fine not e!ceedin# 09 "esos, when the value of the thin# stolen is not over 0 "esos, and the offender shall have acted under the im"ulse of hun#er, "overty, or the difficulty of earnin# a livelihood for the su""ort of himself or his family. Ar&'c(e 310. 8ualified theft. - The crime of theft shall be "unished by the "enalties ne!t hi#her by two de#rees than those res"ectively s"ecified in the ne!t "recedin# article, if committed by a domestic servant, or with #rave abuse of confidence, or if the "ro"erty stolen is motor vehicle, mail matter or lar#e cattle or consists of coconuts taken from the "remises of the "lantation or fish taken from a fish"ond or fishery, or if "ro"erty is taken on the occasion of fire, earth6uake, ty"hoon, volcanic erru"tion, or any other calamity, vehicular accident or civil disturbance. 3As amended by R.A. ')9 and 2.P. 2l#. ='. Aay ', '><94. Ar&'c(e 311. Theft of the property of the 3ational 2ibrary and 3ational $useum. - *f the "ro"erty stolen be any "ro"erty of the ?ational 8ibrary or the ?ational Auseum, the "enalty shall be arresto mayor or a fine ran#in# from )99 to 099 "esos, or both, unless a hi#her "enalty should be "rovided

under other "rovisions of this Code, in which case, the offender shall be "unished by such hi#her "enalty. C-./&er $o6r +S+RPATI N Ar&'c(e 31). !ccupation of real property or usurpation of real rights in property. - Any "erson who, by means of violence a#ainst or intimidation of "ersons, shall take "ossession of any real "ro"erty or shall usur" any real ri#hts in "ro"erty belon#in# to another, in addition to the "enalty incurred for the acts of violence e!ecuted by him, shall be "unished by a fine from 09 to '99 "er centum of the #ain which he shall have obtained, but not less than =0 "esos. *f the value of the #ain cannot be ascertained, a fine of from )99 to 099 "esos shall be im"osed. Ar&'c(e 313. Altering boundaries or landmarks. - Any "erson who shall alter the boundary marks or monuments of towns, "rovinces, or estates, or any other marks intended to desi#nate the boundaries of the same, shall be "unished by arresto menor or a fine not e!ceedin# '99 "esos, or both. C-./&er $'7e C+LPA"LE INS LVENC, Ar&'c(e 310. 7raudulent insolvency. - Any "erson who shall abscond with his "ro"erty to the "re%udice of his creditors, shall suffer the "enalty of "rision mayor, if he be a merchant and the "enalty of "rision correccional in its ma!imum "eriod to "rision mayor in its medium "eriod, if he be not a merchant. C-./&er S'9 S!INDLING AND

THER DECEITS

Ar&'c(e 315. +windling <estafa=. - Any "erson who shall defraud another by any of the means mentioned hereinbelow shall be "unished by& 1;&. The "enalty of "rision correccional in its ma!imum "eriod to "rision mayor in its minimum "eriod, if the amount of the fraud is over '),999 "esos but does not e!ceed )),999 "esos, and if such amount e!ceeds the latter sum, the "enalty "rovided in this "ara#ra"h shall be im"osed in its ma!imum "eriod, addin# one year for each additional '9,999 "esos, but the total "enalty which may be im"osed shall not e!ceed twenty years. *n such cases, and in connection with the accessory "enalties which may be im"osed under

the "rovisions of this Code, the "enalty shall be termed "rision mayor or reclusion tem"oral, as the case may be. )*<. The "enalty of "rision correccional in its minimum and medium "eriods, if the amount of the fraud is over ;,999 "esos but does not e!ceed '),999 "esos, 3r<. The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod if such amount is over )99 "esos but does not e!ceed ;,999 "esos, and 0&-. 2y arresto mayor in its ma!imum "eriod, if such amount does not e!ceed )99 "esos, "rovided that in the four cases mentioned, the fraud be committed by any of the followin# means& '. /ith unfaithfulness or abuse of confidence, namely& 3a4 2y alterin# the substance, 6uantity, or 6uality or anythin# of value which the offender shall deliver by virtue of an obli#ation to do so, even thou#h such obli#ation be based on an immoral or ille#al consideration. 3b4 2y misa""ro"riatin# or convertin#, to the "re%udice of another, money, #oods, or any other "ersonal "ro"erty received by the offender in trust or on commission, or for administration, or under any other obli#ation involvin# the duty to make delivery of or to return the same, even thou#h such obli#ation be totally or "artially #uaranteed by a bond, or by denyin# havin# received such money, #oods, or other "ro"erty. 3c4 2y takin# undue advanta#e of the si#nature of the offended "arty in blank, and by writin# any document above such si#nature in blank, to the "re%udice of the offended "arty or of any third "erson. ). 2y means of any of the followin# false "retenses or fraudulent acts e!ecuted "rior to or simultaneously with the commission of the fraud& 3a4 2y usin# fictitious name, or falsely "retendin# to "ossess "ower, influence, 6ualifications, "ro"erty, credit, a#ency, business or ima#inary transactions, or by means of other similar deceits.

3b4 2y alterin# the 6uality, fineness or wei#ht of anythin# "ertainin# to his art or business. 3c4 2y "retendin# to have bribed any +overnment em"loyee, without "re%udice to the action for calumny which the offended "arty may deem "ro"er to brin# a#ainst the offender. *n this case, the offender shall be "unished by the ma!imum "eriod of the "enalty. 3d4 2y "ost-datin# a check, or issuin# a check in "ayment of an obli#ation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to de"osit the amount necessary to cover his check within three 3-4 days from recei"t of notice from the bank andDor the "ayee or holder that said check has been dishonored for lack of insufficiency of funds shall be "rima facie evidence of deceit constitutin# false "retense or fraudulent act. 3As amended by R.A. .<<0, a""roved June '=, '>;=.4 3e4 2y obtainin# any food, refreshment or accommodation at a hotel, inn, restaurant, boardin# house, lod#in# house, or a"artment house and the like without "ayin# therefor, with intent to defraud the "ro"rietor or mana#er thereof, or by obtainin# credit at hotel, inn, restaurant, boardin# house, lod#in# house, or a"artment house by the use of any false "retense, or by abandonin# or surre"titiously removin# any "art of his ba##a#e from a hotel, inn, restaurant, boardin# house, lod#in# house or a"artment house after obtainin# credit, food, refreshment or accommodation therein without "ayin# for his food, refreshment or accommodation. -. Throu#h any of the followin# fraudulent means& 3a4 2y inducin# another, by means of deceit, to si#n any document. 3b4 2y resortin# to some fraudulent "ractice to insure success in a #amblin# #ame. 3c4 2y removin#, concealin# or destroyin#, in whole or in "art, any court record, office files, document or any other "a"ers.

Ar&'c(e 311. !ther forms of swindling. - The "enalty of arresto mayor in its minimum and medium "eriod and a fine of not less than the value of the dama#e caused and not more than three times such value, shall be im"osed u"on& '. Any "erson who, "retendin# to be owner of any real "ro"erty, shall convey, sell, encumber or mort#a#e the same. ). Any "erson, who, knowin# that real "ro"erty is encumbered, shall dis"ose of the same, althou#h such encumbrance be not recorded. -. The owner of any "ersonal "ro"erty who shall wron#fully take it from its lawful "ossessor, to the "re%udice of the latter or any third "erson. .. Any "erson who, to the "re%udice of another, shall e!ecute any fictitious contract. 0. Any "erson who shall acce"t any com"ensation #iven him under the belief that it was in "ayment of services rendered or labor "erformed by him, when in fact he did not actually "erform such services or labor. ;. Any "erson who, while bein# a surety in a bond #iven in a criminal or civil action, without e!"ress authority from the court or before the cancellation of his bond or before bein# relieved from the obli#ation contracted by him, shall sell, mort#a#e, or, in any other manner, encumber the real "ro"erty or "ro"erties with which he #uaranteed the fulfillment of such obli#ation. Ar&'c(e 312. +windling a minor. - Any "erson who takin# advanta#e of the ine!"erience or emotions or feelin#s of a minor, to his detriment, shall induce him to assume any obli#ation or to #ive any release or e!ecute a transfer of any "ro"erty ri#ht in consideration of some loan of money, credit or other "ersonal "ro"erty, whether the loan clearly a""ears in the document or is shown in any other form, shall suffer the "enalty of arresto mayor and a fine of a sum ran#in# from '9 to 09 "er cent of the value of the obli#ation contracted by the minor. Ar&'c(e 318. !ther deceits. - The "enalty of arresto mayor and a fine of not less than the amount of the dama#e caused and not more than twice such amount shall be im"osed u"on any "erson who shall defraud or dama#e another by any other deceit not mentioned in the "recedin# articles of this cha"ter.

Any "erson who, for "rofit or #ain, shall inter"ret dreams, make forecasts, tell fortunes, or take advanta#e of the credulity of the "ublic in any other similar manner, shall suffer the "enalty of arresto mayor or a fine not e!ceedin# )99 "esos. C-./&er Se7e* CHATTEL % RTGAGE Ar&'c(e 319. &emoval, sale or pledge of mortgaged property. - The "enalty or arresto mayor or a fine amountin# to twice the value of the "ro"erty shall be im"osed u"on& '. Any "erson who shall knowin#ly remove any "ersonal "ro"erty mort#a#ed under the Chattel Aort#a#e 8aw to any "rovince or city other than the one in which it was located at the time of the e!ecution of the mort#a#e, without the written consent of the mort#a#ee, or his e!ecutors, administrators or assi#ns. ). Any mort#a#or who shall sell or "led#e "ersonal "ro"erty already "led#ed, or any "art thereof, under the terms of the Chattel Aort#a#e 8aw, without the consent of the mort#a#ee written on the back of the mort#a#e and noted on the record hereof in the office of the Re#ister of 7eeds of the "rovince where such "ro"erty is located. C-./&er E':-& ARS N AND THER CRI%ES INV LVING DESTR+CTI NS Ar&'c(e 3)0. Destructive arson. - The "enalty of reclusion tem"oral in its ma!imum "eriod to reclusion "er"etua shall be im"osed u"on any "erson who shall burn& '. Any arsenal, shi"yard, storehouse or military "owder or fireworks factory, ordinance, storehouse, archives or #eneral museum of the +overnment. ). Any "assen#er train or motor vehicle in motion or vessel out of "ort. -. *n an inhabited "lace, any storehouse or factory of inflammable or e!"losive materials. Ar&'c(e 3)1. !ther forms of arson. - /hen the arson consists in the burnin# of other "ro"erty and under the circumstances #iven hereunder, the offender shall be "unishable&

'. 2y reclusion tem"oral or reclusion "er"etua& 3a4 if the offender shall set fire to any buildin#, farmhouse, warehouse, hut, shelter, or vessel in "ort, knowin# it to be occu"ied at the time by one or more "ersons, 3b4 *f the buildin# burned is a "ublic buildin# and value of the dama#e caused e!ceeds ;,999 "esos, 3c4 *f the buildin# burned is a "ublic buildin# and the "ur"ose is to destroy evidence ke"t therein to be used in institutin# "rosecution for the "unishment of violators of the law, irres"ective of the amount of the dama#e, 3d4 *f the buildin# burned is a "ublic buildin# and the "ur"ose is to destroy evidence ke"t therein to be used in le#islative, %udicial or administrative "roceedin#s, irres"ective of the amount of the dama#e, Provided, however, That if the evidence destroyed is to be used a#ainst the defendant for the "rosecution of any crime "unishable under e!istin# laws, the "enalty shall be reclusion "er"etua, 3e4 *f the arson shall have been committed with the intention of collectin# under an insurance "olicy a#ainst loss or dama#e by fire. ). 2y reclusion tem"oral& 3a4 *f an inhabited house or any other buildin# in which "eo"le are accustomed to meet is set on fire, and the cul"rit did not know that such house or buildin# was occu"ied at the time, or if he shall set fire to a movin# frei#ht train or motor vehicle, and the value of the dama#e caused e!ceeds ;,999 "esos, 3b4 *f the value of the dama#e caused in "ara#ra"h 3b4 of the "recedin# subdivision does not e!ceed ;,999 "esos, 3c4 *f a farm, su#ar mill, cane mill, mill central, bamboo #roves or any similar "lantation is set on fire and the dama#e caused e!ceeds ;,999 "esos, and 3d4 *f #rain fields, "asture lands, or forests, or "lantin#s are set on fire, and the dama#e caused e!ceeds ;,999 "esos.

-. 2y "rision mayor& 3a4 *f the value of the dama#e caused in the case mentioned in "ara#ra"hs 3a4, 3c4, and 3d4 in the ne!t "recedin# subdivision does not e!ceed ;,999 "esos, 3b4 *f a buildin# not used as a dwellin# or "lace of assembly, located in a "o"ulated "lace, is set on fire, and the dama#e caused e!ceeds ;,999 "esos, .. 2y "rision correccional in its ma!imum "eriod to "rision mayor in its medium "eriod& 3a4 *f a buildin# used as dwellin# located in an uninhabited "lace is set on fire and the dama#e caused e!ceeds ',999 "esos, 3b4 *f the value or the dama#e caused in the case mentioned in "ara#ra"hs 3c4 and 3d4 of subdivision ) of this article does not e!ceed )99 "esos. 0. 2y "rision correccional in its medium "eriod to "rision mayor in its minimum "eriod, when the dama#e caused is over )99 "esos but does not e!ceed ',999 "esos, and the "ro"erty referred to in "ara#ra"h 3a4 of the "recedin# subdivision is set on fire, but when the value of such "ro"erty does not e!ceed )99 "esos, the "enalty ne!t lower in de#ree than that "rescribed in this subdivision shall be im"osed. ;. The "enalty of "rision correccional in its medium and ma!imum "eriods, if the dama#e caused in the case mentioned in "ara#ra"h 3b4 of subdivision - of this article does not e!ceed ;,999 "esos but is over )99 "esos. =. The "enalty of "rision correccional in its minimum and medium "eriods, if the dama#e caused in the case mentioned "ara#ra"h 3b4 subdivision - of this article does not e!ceed )99 "esos. <. The "enalty of arresto mayor and a fine ran#in# from fifty to one hundred "er centum if the dama#e caused shall be im"osed, when the "ro"erty burned consists of #rain fields, "asture lands, forests, or

"lantations when the value of such "ro"erty does not e!ceed )99 "esos. 3As amended by R.A. 0.;=, a""roved Aay '), '>;>4. Ar&'c(e 3)). Cases of arson not included in the preceding articles. - Cases of arson not included in the ne!t "recedin# articles shall be "unished& '. 2y arresto mayor in its medium and ma!imum "eriods, when the dama#e caused does not e!ceed 09 "esos, ). 2y arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod, when the dama#e caused is over 09 "esos but does not e!ceed )99 "esos, -. 2y "rision correccional in its minimum and medium "eriods, if the dama#e caused is over )99 "esos but does not e!ceed ',999 "esos, and .. 2y "rision correccional in its medium and ma!imum "eriods, if it is over ',999 "esos. Ar&'c(e 3)3. Arson of property of small value. - The arson of any uninhabited hut, storehouse, barn, shed, or any other "ro"erty the value of which does not e!ceed )0 "esos, committed at a time or under circumstances which clearly e!clude all dan#er of the fire s"readin#, shall not be "unished by the "enalties res"ectively "rescribed in this cha"ter, but in accordance with the dama#e caused and under the "rovisions of the followin# cha"ter. Ar&'c(e 3)0. Crimes involving destruction. - Any "erson who shall cause destruction by means of e!"losion, dischar#e of electric current, inundation, sinkin# or strandin# of a vessel, intentional dama#in# of the en#ine of said vessel, takin# u" the rails from a railway track, maliciously chan#in# railway si#nals for the safety of movin# trains, destroyin# tele#ra"h wires and tele#ra"h "osts, or those of any other system, and, in #eneral, by usin# any other a#ency or means of destruction as effective as those above enumerated, shall be "unished by reclusion tem"oral if the commission has endan#ered the safety of any "erson, otherwise, the "enalty of "rision mayor shall be im"osed. Ar&'c(e 3)5. )urning one9s own property as means to commit arson. - Any "erson #uilty of arson or causin# #reat destruction of the "ro"erty belon#in# to another shall suffer the "enalties "rescribed in this cha"ter, even thou#h he shall have set fire to or destroyed his own "ro"erty for the "ur"oses of committin# the crime.

Ar&'c(e 3)1. +etting fire to property exclusively owned by the offender. - *f the "ro"erty burned shall be the e!clusive "ro"erty of the offender, he shall be "unished by arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod, if the arson shall have been committed for the "ur"ose of defraudin# or causin# dama#e to another, or "re%udice shall actually have been caused, or if the thin# burned shall have been a buildin# in an inhabited "lace. Ar&'c(e 3)18A. ,n cases where death resulted as a conse(uence of arson. - *f death resulted as a conse6uence of arson committed on any of the "ro"erties and under any of the circumstances mentioned in the "recedin# articles, the court shall im"ose the death "enalty. Ar&'c(e 3)18". %rima facie evidence of arson. - Any of the followin# circumstances shall constitute "rima facie evidence of arson& '. *f after the fire, are found materials or substances soaked in #asoline, kerosene, "etroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the fore#oin#. ). That substantial amount of inflammable substance or materials were stored within the buildin# not necessary in the course of the defendantBs business, and -. That the fire started simultaneously in more than one "art of the buildin# or locale under circumstances that cannot normally be due to accidental or unintentional causes& Provided, however, That at least one of the followin# is "resent in any of the three abovementioned circumstances& 3a4 That the total insurance carried on the buildin# andDor #oods is more than <9 "er cent of the value of such buildin# andDor #oods at the time of the fire, 3b4 That the defendant after the fire has "resented a fraudulent claim for loss. The "enalty of "rision correccional shall be im"osed on one who "lants the articles above-mentioned, in order to secure a conviction, or as a means of e!tortion or coercion. 3As amended by R.A. 0.;=, a""roved Aay '), '>;>4. C-./&er N'*e %ALICI +S %ISCHIE$

Ar&'c(e 3)2. Who are liable for malicious mischief. - Any "erson who shall deliberately cause the "ro"erty of another any dama#e not fallin# within the terms of the ne!t "recedin# cha"ter shall be #uilty of malicious mischief. Ar&'c(e 3)8. +pecial cases of malicious mischief. - Any "erson who shall cause dama#e to obstruct the "erformance of "ublic functions, or usin# any "oisonous or corrosive substance, or s"readin# any infection or conta#ion amon# cattle, or who cause dama#e to the "ro"erty of the ?ational Auseum or ?ational 8ibrary, or to any archive or re#istry, waterworks, road, "romenade, or any other thin# used in common by the "ublic, shall be "unished& '. 2y "rision correccional in its minimum and medium "eriods, if the value of the dama#e caused e!ceeds ',999 "esos, ). 2y arresto mayor, if such value does not e!ceed the abovementioned amount but it is over )99 "esos, and -. 2y arresto menor, in such value does not e!ceed )99 "esos. Ar&'c(e 3)9. !ther mischiefs. - The mischiefs not included in the ne!t "recedin# article shall be "unished& '. 2y arresto mayor in its medium and ma!imum "eriods, if the value of the dama#e caused e!ceeds ',999 "esos, ). 2y arresto mayor in its minimum and medium "eriods, if such value is over )99 "esos but does not e!ceed ',999 "esos, and -. 2y arresto menor or fine of not less than the value of the dama#e caused and not more than )99 "esos, if the amount involved does not e!ceed )99 "esos or cannot be estimated. Ar&'c(e 330. Damage and obstruction to means of communication. - The "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed u"on any "erson who shall dama#e any railway, tele#ra"h or tele"hone lines. *f the dama#e shall result in any derailment of cars, collision or other accident, the "enalty of "rision mayor shall be im"osed, without "re%udice to the criminal liability of the offender for the other conse6uences of his criminal act.

5or the "ur"ose of the "rovisions of the article, the electric wires, traction cables, si#nal system and other thin#s "ertainin# to railways, shall be deemed to constitute an inte#ral "art of a railway system. Ar&'c(e 331. Destroying or damaging statues, public monuments or paintings. - Any "erson who shall destroy or dama#e statues or any other useful or ornamental "ublic monument shall suffer the "enalty of arresto mayor in its medium "eriod to "rision correccional in its minimum "eriod. Any "erson who shall destroy or dama#e any useful or ornamental "aintin# of a "ublic nature shall suffer the "enalty of arresto menor or a fine not e!ceedin# )99 "esos, or both such fine and im"risonment, in the discretion of the court. C-./&er Te* E5E%PTI N $R % CRI%INAL LIA"ILIT, IN CRI%ES AGAINST PR PERT, Ar&'c(e 33). %ersons exempt from criminal liability. - ?o criminal, but only civil liability, shall result from the commission of the crime of theft, swindlin# or malicious mischief committed or caused mutually by the followin# "ersons& '. ("ouses, ascendants and descendants, or relatives by affinity in the same line. ). The widowed s"ouse with res"ect to the "ro"erty which belon#ed to the deceased s"ouse before the same shall have "assed into the "ossession of another, and -. 2rothers and sisters and brothers-in-law and sisters-in-law, if livin# to#ether. The e!em"tion established by this article shall not be a""licable to stran#ers "artici"atin# in the commission of the crime. T'&(e E(e7e* CRI%ES AGAINST CHASTIT, C-./&er *e AD+LTER, AND C NC+"INAGE Ar&'c(e 333. Who are guilty of adultery. - Adultery is committed by any married woman who shall have se!ual intercourse with a man not her

husband and by the man who has carnal knowled#e of her knowin# her to be married, even if the marria#e be subse6uently declared void. Adultery shall be "unished by "rision correccional in its medium and ma!imum "eriods. *f the "erson #uilty of adultery committed this offense while bein# abandoned without %ustification by the offended s"ouse, the "enalty ne!t lower in de#ree than that "rovided in the ne!t "recedin# "ara#ra"h shall be im"osed. Ar&'c(e 330. Concubinage. - Any husband who shall kee" a mistress in the con%u#al dwellin#, or shall have se!ual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other "lace, shall be "unished by "rision correccional in its minimum and medium "eriods. The concubine shall suffer the "enalty of destierro. C-./&er T3o RAPE AND ACTS

/hen by reason or on the occasion of the ra"e, a homicide is committed, the "enalty shall be death. 3As amended by R.A. );-), a""roved June '<, '>;9, and R.A. .''', a""roved June )9, '>;.4. Ar&'c(e 331. Acts of lasciviousness. - Any "erson who shall commit any act of lasciviousness u"on other "ersons of either se!, under any of the circumstances mentioned in the "recedin# article, shall be "unished by "rision correccional. C-./&er T-ree SED+CTI N, C RR+PTI N

$ %IN RS AND !HITE SLAVE TRADE

Ar&'c(e 332. 8ualified seduction. - The seduction of a vir#in over twelve years and under ei#hteen years of a#e, committed by any "erson in "ublic authority, "riest, home-servant, domestic, #uardian, teacher, or any "erson who, in any ca"acity, shall be entrusted with the education or custody of the woman seduced, shall be "unished by "rision correccional in its minimum and medium "eriods. The "enalty ne!t hi#her in de#ree shall be im"osed u"on any "erson who shall seduce his sister or descendant, whether or not she be a vir#in or over ei#hteen years of a#e. :nder the "rovisions of this Cha"ter, seduction is committed when the offender has carnal knowled#e of any of the "ersons and under the circumstances described herein. Ar&'c(e 338. +imple seduction. - The seduction of a woman who is sin#le or a widow of #ood re"utation, over twelve but under ei#hteen years of a#e, committed by means of deceit, shall be "unished by arresto mayor. Ar&'c(e 339. Acts of lasciviousness with the consent of the offended party. The "enalty of arresto mayor shall be im"osed to "unish any other acts of lasciviousness committed by the same "ersons and the same circumstances as those "rovided in Articles --= and --<. Ar&'c(e 300. Corruption of minors. - Any "erson who shall "romote or facilitate the "rostitution or corru"tion of "ersons undera#e to satisfy the lust of another, shall be "unished by "rision mayor, and if the cul"rit is a "ubic officer or em"loyee, includin# those in #overnment-owned or controlled cor"orations, he shall also suffer the "enalty of tem"orary absolute dis6ualification. 3As amended by 2atas Pambansa 2l#. >)4. Ar&'c(e 301. White slave trade. - The "enalty of "rision mayor in its medium and ma!imum "eriod shall be im"osed u"on any "erson who, in any manner,

$ LASCIVI +SNESS

Ar&'c(e 335. When and how rape is committed. - Ra"e is committed by havin# carnal knowled#e of a woman under any of the followin# circumstances& '. 2y usin# force or intimidation, ). /hen the woman is de"rived of reason or otherwise unconscious, and -. /hen the woman is under twelve years of a#e, even thou#h neither of the circumstances mentioned in the two ne!t "recedin# "ara#ra"hs shall be "resent. The crime of ra"e shall be "unished by reclusion "er"etua. /henever the crime of ra"e is committed with the use of a deadly wea"on or by two or more "ersons, the "enalty shall be reclusion "er"etua to death. /hen by reason or on the occasion of the ra"e, the victim has become insane, the "enalty shall be death. /hen ra"e is attem"ted or frustrated and a homicide is committed by reason or on the occasion thereof, the "enalty shall be likewise death.

or under any "rete!t, shall en#a#e in the business or shall "rofit by "rostitution or shall enlist the services of any other for the "ur"ose of "rostitution 3As amended by 2atas Pambansa 2l#. '<;.4 C-./&er $o6r A"D+CTI N Ar&'c(e 30). 7orcible abduction. - The abduction of any woman a#ainst her will and with lewd desi#ns shall be "unished by reclusion tem"oral. The same "enalty shall be im"osed in every case, if the female abducted be under twelve years of a#e. Ar&'c(e 303. Consented abduction. - The abduction of a vir#in over twelve years and under ei#hteen years of a#e, carried out with her consent and with lewd desi#ns, shall be "unished by the "enalty of "rision correccional in its minimum and medium "eriods. C-./&er $'7e PR VISI NS RELATIVE T ELEVEN

'. To indemnify the offended woman. ). To acknowled#e the offs"rin#, unless the law should "revent him from so doin#. -. *n every case to su""ort the offs"rin#. The adulterer and the concubine in the case "rovided for in Articles --- and --. may also be sentenced, in the same "roceedin# or in a se"arate civil "roceedin#, to indemnify for dama#es caused to the offended s"ouse. Ar&'c(e 301. 2iability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. - The ascendants, #uardians, curators, teachers and any "erson who, by abuse of authority or confidential relationshi"s, shall coo"erate as accom"lices in the "er"etration of the crimes embraced in cha"ters, second, third and fourth, of this title, shall be "unished as "rinci"als. Teachers or other "ersons in any other ca"acity entrusted with the education and #uidance of youth, shall also suffer the "enalty of tem"orary s"ecial dis6ualification in its ma!imum "eriod to "er"etual s"ecial dis6ualification. Any "erson fallin# within the terms of this article, and any other "erson #uilty of corru"tion of minors for the benefit of another, shall be "unished by s"ecial dis6ualification from fillin# the office of #uardian. T'&(e T3e(7e

THE PRECEDING CHAPTERS

$ TITLE

Ar&'c(e 300. %rosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. - The crimes of adultery and concubina#e shall not be "rosecuted e!ce"t u"on a com"laint filed by the offended s"ouse. The offended "arty cannot institute criminal "rosecution without includin# both the #uilty "arties, if they are both alive, nor, in any case, if he shall have consented or "ardoned the offenders. The offenses of seduction, abduction, ra"e or acts of lasciviousness, shall not be "rosecuted e!ce"t u"on a com"laint filed by the offended "arty or her "arents, #rand"arents, or #uardian, nor, in any case, if the offender has been e!"ressly "ardoned by the above named "ersons, as the case may be. *n cases of seduction, abduction, acts of lasciviousness and ra"e, the marria#e of the offender with the offended "arty shall e!tin#uish the criminal action or remit the "enalty already im"osed u"on him. The "rovisions of this "ara#ra"h shall also be a""licable to the co-"rinci"als, accom"lices and accessories after the fact of the above-mentioned crimes. Ar&'c(e 305. Civil liability of persons guilty of crimes against chastity. - Person #uilty of ra"e, seduction or abduction, shall also be sentenced&

CRI%ES AGAINST THE CIVIL STAT+S C-./&er o*e SI%+LATI N

$ PERS NS

$ "IRTHS AND +S+RPATI N

$ CIVIL STAT+S

Ar&'c(e 302. +imulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. - The simulation of births and the substitution of one child for another shall be "unished by "rision mayor and a fine of not e!ceedin# ',999 "esos. The same "enalties shall be im"osed u"on any "erson who shall conceal or abandon any le#itimate child with intent to cause such child to lose its civil status. Any "hysician or sur#eon or "ublic officer who, in violation of the duties of his "rofession or office, shall coo"erate in the e!ecution of any of the crimes

mentioned in the two ne!t "recedin# "ara#ra"hs, shall suffer the "enalties therein "rescribed and also the "enalty of tem"orary s"ecial dis6ualification. Ar&'c(e 308. 5surpation of civil status. - The "enalty of "rision mayor shall be im"osed u"on any "erson who shall usur" the civil status of another, should he do so for the "ur"ose of defraudin# the offended "art or his heirs, otherwise, the "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed. C-./&er T3o ILLEGAL %ARRIAGES Ar&'c(e 309. )igamy. - The "enalty of "rision mayor shall be im"osed u"on any "erson who shall contract a second or subse6uent marria#e before the former marria#e has been le#ally dissolved, or before the absent s"ouse has been declared "resum"tively dead by means of a %ud#ment rendered in the "ro"er "roceedin#s. Ar&'c(e 350. $arriage contracted against provisions of laws. - The "enalty of "rision correccional in its medium and ma!imum "eriods shall be im"osed u"on any "erson who, without bein# included in the "rovisions of the ne!t "roceedin# article, shall have not been com"lied with or that the marria#e is in disre#ard of a le#al im"ediment. *f either of the contractin# "arties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be "unished by the ma!imum "eriod of the "enalty "rovided in the ne!t "recedin# "ara#ra"h. Ar&'c(e 351. %remature marriages. - Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before havin# delivered if she shall have been "re#nant at the time of his death, shall be "unished by arresto mayor and a fine not e!ceedin# 099 "esos. The same "enalties shall be im"osed u"on any woman whose marria#e shall have been annulled or dissolved, if she shall marry before her delivery or before the e!"iration of the "eriod of three hundred and one day after the le#al se"aration. Ar&'c(e 35). %erformance of illegal marriage ceremony. - Priests or ministers of any reli#ious denomination or sect, or civil authorities who shall "erform or authori$e any ille#al marria#e ceremony shall be "unished in accordance with the "rovisions of the Aarria#e 8aw. T'&(e T-'r&ee*

CRI%ES AGAINST H N R C-./&er LI"EL Sec&'o* *e

*e. - Definitions, forms, and punishment of this crime.

Ar&'c(e 353. Definition of libel. - A libel is "ublic and malicious im"utation of a crime, or of a vice or defect, real or ima#inary, or any act, omission, condition, status, or circumstance tendin# to cause the dishonor, discredit, or contem"t of a natural or %uridical "erson, or to blacken the memory of one who is dead. Ar&'c(e 350. &e(uirement for publicity. - very defamatory im"utation is "resumed to be malicious, even if it be true, if no #ood intention and %ustifiable motive for makin# it is shown, e!ce"t in the followin# cases& '. A "rivate communication made by any "erson to another in the "erformance of any le#al, moral or social duty, and ). A fair and true re"ort, made in #ood faith, without any comments or remarks, of any %udicial, le#islative or other official "roceedin#s which are not of confidential nature, or of any statement, re"ort or s"eech delivered in said "roceedin#s, or of any other act "erformed by "ublic officers in the e!ercise of their functions. Ar&'c(e 355. 2ibel means by writings or similar means. - A libel committed by means of writin#, "rintin#, litho#ra"hy, en#ravin#, radio, "hono#ra"h, "aintin#, theatrical e!hibition, cinemato#ra"hic e!hibition, or any similar means, shall be "unished by "rision correccional in its minimum and medium "eriods or a fine ran#in# from )99 to ;,999 "esos, or both, in addition to the civil action which may be brou#ht by the offended "arty. Ar&'c(e 351. Threatening to publish and offer to present such publication for a compensation. - The "enalty of arresto mayor or a fine from )99 to ),999 "esos, or both, shall be im"osed u"on any "erson who threatens another to "ublish a libel concernin# him or the "arents, s"ouse, child, or other members of the family of the latter or u"on anyone who shall offer to "revent the "ublication of such libel for a com"ensation or money consideration. Ar&'c(e 352. %rohibited publication of acts referred to in the course of official proceedings. - The "enalty of arresto mayor or a fine of from )9 to ),999 "esos, or both, shall be im"osed u"on any re"orter, editor or mana#er or a news"a"er, daily or ma#a$ine, who shall "ublish facts connected with the "rivate life of another and offensive to the honor, virtue and re"utation of said

"erson, even thou#h said "ublication be made in connection with or under the "rete!t that it is necessary in the narration of any %udicial or administrative "roceedin#s wherein such facts have been mentioned. Ar&'c(e 358. +lander. - 1ral defamation shall be "unished by arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod if it is of a serious and insultin# nature, otherwise the "enalty shall be arresto menor or a fine not e!ceedin# )99 "esos. Ar&'c(e 359. +lander by deed. - The "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its minimum "eriod or a fine ran#in# from )99 to ',999 "esos shall be im"osed u"on any "erson who shall "erform any act not included and "unished in this title, which shall cast dishonor, discredit or contem"t u"on another "erson. *f said act is not of a serious nature, the "enalty shall be arresto menor or a fine not e!ceedin# )99 "esos. Sec&'o* T3o. eneral provisions

court where the criminal action or civil action for dama#es is first filed, shall ac6uire %urisdiction to the e!clusion of other courts& And, "rovided, finally, That this amendment shall not a""ly to cases of written defamations, the civil andDor criminal actions which have been filed in court at the time of the effectivity of this law. Preliminary investi#ation of criminal action for written defamations as "rovided for in the cha"ter shall be conducted by the "rovincial or city fiscal of the "rovince or city, or by the munici"al court of the city or ca"ital of the "rovince where such action may be instituted in accordance with the "rovisions of this article. ?o criminal action for defamation which consists in the im"utation of a crime which cannot be "rosecuted de oficio shall be brou#ht e!ce"t at the instance of and u"on com"laint e!"ressly filed by the offended "arty. 3As amended by R.A. ')<>, a""roved June '0, '>00, R.A. .-;-, a""roved June '>, '>;04. Ar&'c(e 311. %roof of the truth. - *n every criminal "rosecution for libel, the truth may be #iven in evidence to the court and if it a""ears that the matter char#ed as libelous is true, and, moreover, that it was "ublished with #ood motives and for %ustifiable ends, the defendants shall be ac6uitted. Proof of the truth of an im"utation of an act or omission not constitutin# a crime shall not be admitted, unless the im"utation shall have been made a#ainst +overnment em"loyees with res"ect to facts related to the dischar#e of their official duties. *n such cases if the defendant "roves the truth of the im"utation made by him, he shall be ac6uitted. Ar&'c(e 31). 2ibelous remarks. - 8ibelous remarks or comments connected with the matter "rivile#ed under the "rovisions of Article -0., if made with malice, shall not e!em"t the author thereof nor the editor or mana#in# editor of a news"a"er from criminal liability. C-./&er T3o INCRI%INAT R, %ACHINATI NS Ar&'c(e 313. ,ncriminating innocent person. - Any "erson who, by any act not constitutin# "er%ury, shall directly incriminate or im"ute to an innocent "erson the commission of a crime, shall be "unished by arresto menor. Ar&'c(e 310. ,ntriguing against honor. - The "enalty of arresto menor or fine not e!ceedin# )99 "esos shall be im"osed for any intri#ue which has for its "rinci"al "ur"ose to blemish the honor or re"utation of a "erson.

Ar&'c(e 310. %ersons responsible. - Any "erson who shall "ublish, e!hibit, or cause the "ublication or e!hibition of any defamation in writin# or by similar means, shall be res"onsible for the same. The author or editor of a book or "am"hlet, or the editor or business mana#er of a daily news"a"er, ma#a$ine or serial "ublication, shall be res"onsible for the defamations contained therein to the same e!tent as if he were the author thereof. The criminal and civil action for dama#es in cases of written defamations as "rovided for in this cha"ter, shall be filed simultaneously or se"arately with the court of first instance of the "rovince or city where the libelous article is "rinted and first "ublished or where any of the offended "arties actually resides at the time of the commission of the offense& Provided, however, That where one of the offended "arties is a "ublic officer whose office is in the City of Aanila at the time of the commission of the offense, the action shall be filed in the Court of 5irst *nstance of the City of Aanila, or of the city or "rovince where the libelous article is "rinted and first "ublished, and in case such "ublic officer does not hold office in the City of Aanila, the action shall be filed in the Court of 5irst *nstance of the "rovince or city where he held office at the time of the commission of the offense or where the libelous article is "rinted and first "ublished and in case one of the offended "arties is a "rivate individual, the action shall be filed in the Court of 5irst *nstance of the "rovince or city where he actually resides at the time of the commission of the offense or where the libelous matter is "rinted and first "ublished& Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa& Provided, furthermore, That the

T'&(e $o6r&ee* =+ASI8 $$ENSES So(e C-./&er CRI%INAL NEGLIGENCE Ar&'c(e 315. ,mprudence and negligence. - Any "erson who, by reckless im"rudence, shall commit any act which, had it been intentional, would constitute a #rave felony, shall suffer the "enalty of arresto mayor in its ma!imum "eriod to "rision correccional in its medium "eriod, if it would have constituted a less #rave felony, the "enalty of arresto mayor in its minimum and medium "eriods shall be im"osed, if it would have constituted a li#ht felony, the "enalty of arresto menor in its ma!imum "eriod shall be im"osed. Any "erson who, by sim"le im"rudence or ne#li#ence, shall commit an act which would otherwise constitute a #rave felony, shall suffer the "enalty of arresto mayor in its medium and ma!imum "eriods, if it would have constituted a less serious felony, the "enalty of arresto mayor in its minimum "eriod shall be im"osed. /hen the e!ecution of the act covered by this article shall have only resulted in dama#e to the "ro"erty of another, the offender shall be "unished by a fine ran#in# from an amount e6ual to the value of said dama#es to three times such value, but which shall in no case be less than twenty-five "esos. A fine not e!ceedin# two hundred "esos and censure shall be im"osed u"on any "erson who, by sim"le im"rudence or ne#li#ence, shall cause some wron# which, if done maliciously, would have constituted a li#ht felony. *n the im"osition of these "enalties, the court shall e!ercise their sound discretion, without re#ard to the rules "rescribed in Article si!ty-four. The "rovisions contained in this article shall not be a""licable& '. /hen the "enalty "rovided for the offense is e6ual to or lower than those "rovided in the first two "ara#ra"hs of this article, in which case the court shall im"ose the "enalty ne!t lower in de#ree than that which should be im"osed in the "eriod which they may deem "ro"er to a""ly. ). /hen, by im"rudence or ne#li#ence and with violation of the Automobile 8aw, to death of a "erson shall be caused, in which case

the defendant shall be "unished by "rision correccional in its medium and ma!imum "eriods. Reckless im"rudence consists in voluntary, but without malice, doin# or fallin# to do an act from which material dama#e results by reason of ine!cusable lack of "recaution on the "art of the "erson "erformin# of failin# to "erform such act, takin# into consideration his em"loyment or occu"ation, de#ree of intelli#ence, "hysical condition and other circumstances re#ardin# "ersons, time and "lace. (im"le im"rudence consists in the lack of "recaution dis"layed in those cases in which the dama#e im"endin# to be caused is not immediate nor the dan#er clearly manifest. The "enalty ne!t hi#her in de#ree to those "rovided for in this article shall be im"osed u"on the offender who fails to lend on the s"ot to the in%ured "arties such hel" as may be in this hand to #ive. 3As amended by R.A. '=>9, a""roved June )', '>0=4. T'&(e $'>&ee* $INAL PR VISI NS Ar&'c(e 311. Application of laws enacted prior to this Code. - /ithout "re%udice to the "rovisions contained in Article )) of this Code, felonies and misdemeanors, committed "rior to the date of effectiveness of this Code shall be "unished in accordance with the Code or Acts in force at the time of their commission. Ar&'c(e 312. &epealing Clause. - !ce"t as is "rovided in the ne!t "recedin# article, the "resent Penal Code, the Provisional 8aw for the a""lication of its "rovisions, and Acts ?os. )==, )<) ,.<9, 0'<, 0'>, <>>, '')', '.-<, '0)-, '00>, ';>), '=0., '>00, '==-, )9)9, )9-;, )9=', )'.), ))'), ))>-, ))><, )-99, )-;., )0.>, )00=, )0>0, );9>, )='<, -'9-, -'>0, -).., -)><, --9>, --'-, -->=, -00>, and -0<;, are hereby re"ealed. The "rovisions of the Acts which are mentioned hereunder are also re"ealed, namely& Ac& 111, (ections ; and '<. Ac& 1508, (ections >, '9, '', and '). Ac& 15)0, (ections ', ), and ;.

Ac& 1192, (ections - and .. Ac& 1252, (ections ', ), -, ., 0, ;, =, 3first clause4, '', and '). Ac& )381, (ections ), -, ., ;, <, and >. Ac& )211, (ections '9), );=9, );=', and );=). Ac& 3)02, (ections ', ), -, and 0, and +eneral 1rder, ?o. 0<, series of '>99, (ection '9;. And all laws and "arts of laws which are contrary to the "rovisions of this Code are hereby re"ealed. A//ro7e<? 7ecember <, '>-9