REPUBLIC ACT NO.
10951, August 29, 2017
AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF
PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED,
AND THE FINES IMPOSED UNDER THE REVISED PENAL CODE,
AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE
KNOWN AS "THE REVISED PENAL CODE", AS AMENDED
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Article 9 of Act No. 3815, otherwise known as "The
Revised Penal Code", is hereby amended to read as follows:
"ART. 9. Grave felonies, less grave felonies and light felonies.- Grave
felonies are those to which the law attaches the capital punishment
or penalties which in any of their periods are afflictive, in
accordance with Article 25 of this Code.
"Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the abovementioned article.
"Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding Forty
thousand pesos (P40,000) or both is provided."
SEC. 2. Article 26 of the same Act is hereby amended to read as
follows:
"ART. 26. Fine.- When afflictive, correctional, or light penalty.- A fine,
whether imposed as a single or as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds One million two
hundred thousand pesos (P1, 200, 000); a correctional penalty, if it
does not exceed One million two hundred thousand pesos (P1, 200,
000) but is not less than Forty thousand pesos (P40, 000); and a
light penalty, if be less than Forty thousand pesos (P40, 000)."
SEC. 3. Article 114 of the same Act, as amended by Republic Act
No. 7659, is hereby further amended to read as follows:
"ART. 114. Treason.- Any Filipino citizen who levies war against the
Philippines or adheres to her enemies, giving them aid or comfort
within the Philippines or elsewhere, shall be punished by reclusion
perpetua to death and shall pay a fine not to exceed Four million
pesos (P4, 000,000).
"No person shall be convicted of treason unless on the testimony of
two (2) witnesses at least to the same over act or on confession of
the accused in open court.
"Likewise, an alien, residing in the Philippines, who commits acts of
treason as defined in paragraph 1 of this article shall be punished
by reclusion temporal to death and shall pay a fine not to exceed
Four million pesos (P4, 000,000)."
"Light felonies are those infractions of law for the commission of
which the penalty ofarresto menor or a fine not exceeding Forty
thousand pesos (P40,00) or both is provided."
SEC. 4. Article 115 of the same Act is hereby amended to read as
follows:
"ART. 115. Conspiracy and proposal to commit treason; Penalty. -
The conspiracy or proposal to commit the crime of treason shall be
punished respectively, by prision mayorand a fine not exceeding
Two million pesos (P2, 000, 000), and prision correccional and a
fine not exceeding One million pesos (P1, 000, 000)
SEC. 5. Article 129 of the same Act is hereby amended to read as
follows:
"ART. 129. Search warrants maliciously obtained and abuse in the
service of those legally obtained. - In addition to the liability
attaching to the offender for the commission of any other offense,
the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not exceeding Two
hundred thousand pesos (P200, 000) shall be imposed upon any
public officer or employee who shall procure a search warrant
without just cause, or, having legally procured the same, shall
exceed his authority or use unnecessary severity in executing the
same."
SEC. 6. Article 136 of the same Act, as amended by Republic Act
No. 6968, is hereby further amended to read as follows:
"ART. 136. Conspiracy and proposal to commit coup d'etat, rebellion
or insurrection. - The conspiracy and proposal to commit coup
d'etat shall be punished by prision mayor in its minimum period
and a fine which shall not exceed One million pesos (P1, 000, 000).
"The conspiracy and proposal to commit rebellion or insurrection
shall be punished respectively, by prision correccional in its
maximum period and a fine which shall not exceed One million
pesos (P1, 000, 000) and by prision correccional in its medium
period and a fine not exceeding Four hundred thousand pesos
(P400, 000)."
SEC. 7. Article 140 of the same Act is hereby amended to read as
follows:
"ART. 140. Penalty for sedition.- The leader of a sedition shall suffer
the penalty of prision mayor in its minimum period and a fine not
exceeding Two million pesos (P2,000, 000).
"Other persons participating therein shall suffer the penalty
of prision correccional in its maximum period and a fine not
exceeding One million pesos (P1, 000, 000)."
SEC. 8. Article 141 of the same Act is hereby amended to read as
follows:
"ART. 141. Conspiracy to commit sedition. - Persons conspiring to
commit the crime of sedition shall be punished by prision
correccional in its medium period and a fine not exceeding Four
hundred thousand pesos (P400,000)."
SEC. 9. Article 142 of the same Act is hereby amended to read as
follows:
"ART. 142. Inciting to sedition.- The penalty of prision correccional
in its maximum period and a fine not exceeding Four hundred
thousand pesos (P400, 000) shall be imposed upon any person
who, without taking any direct part in the crime of sedition, should
incite others to the accomplishment of any of the acts which
constitute sedition, by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to
the same end, or upon any person or persons who shall utter
seditious words or speeches, write, publish, or circulate scurrilous
libels against the Government, or any of the duly constituted
authorities thereof, or which tend to disturb or obstruct any lawful
officer in executing the functions of his office, or which tend to
instigate others to cabal and meet together for unlawful purposes,
or which suggest or incite rebellious conspiracies or riots, or which
lead or tend to stir up the people against the lawful authorities or
to disturb the peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices."
SEC. 10. Article 143 of the same Act is hereby amended to read as
follows:
"ART. 143. Acts tending to prevent the meeting of Congress and
similar bodies. - The penalty of prision correccional or a fine
ranging from Forty thousand pesos (P40, 000) to Four hundred
thousand pesos (P400, 000), or both, shall be imposed upon any
person who, by force or fraud, prevents the meeting of Congress or
of any of its committees or subcommittees, Constitutional
Commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board."
SEC. 11. Article 144 of the same Act is hereby amended to read as
follows:
"ART. 144. Disturbance of proceedings.- The penalty of arresto
mayor or a fine from Forty thousand pesos (P40, 000) to Two
hundred thousand pesos (P200, 000) shall be imposed upon any
person who disturbs the meetings of Congress or of any of its
committees or subcommittees, Constitutional Commissions or
committees or divisions thereof, or of any provincial board or city or
municipal council or board, or in the presence of any such bodies
should behave in such manner as to interrupt its proceedings or to
impair the respect due it.'
SEC. 12. Article 147 of the same Act is hereby amended to read as
follows:
"ART. 147. Illegal associations.- The penalty of prision
correccional in its minimum and medium periods and a fine not
exceeding Two hundred thousand pesos (P200, 000) shall be
imposed upon the founders, directors, and presidents of
associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for
some purpose contrary to public morals. Mere members of said
associations shall suffer the penalty of arresto mayor."
SEC. 13. Article 148 of the same Act is hereby amended to read as
follows:
"ART. 148. Direct assaults.- Any person or person who, without a
public uprising, shall employ force or intimidation for the
attainment of any of the purposes enumerated in defining the
crimes of rebellion and sedition, or shall attack, employ force, or
seriously intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official duties, or on
occasion of such performance, shall suffer the penalty of prision
correccional in its medium and maximum periods and a fine not
exceeding Two hundred thousand pesos (P200, 000), when the
assault is committed with a weapon or when the offender lays hand
upon a person in authority. If none of these circumstances be
present, the penalty of prision correcccional in its minimum period
and a fine not exceeding One hundred thousand pesos (P100, 000)
shall be imposed."
SEC. 14. Article 149 of the same Act is hereby amended to read as
follows:
"ART. 149. Indirect assaults. - The penalty of prsion correccional in
its minimum and medium periods and a fine not exceeding One
hundred thousand pesos (P100, 000) shall be imposed upon any
person who shall make use of force or intimidation upon any
person coming to the aid of the authorities of their agents on
occasion of the commission of any of the crimes defined in the next
preceding article."
SEC. 15. Article 150 of the same Act is hereby amended to read as
follows:
"ART. 150. Disobedience to summons issued by Congress, its
committees or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions.- The penalty of arresto
mayor or a fine ranging from Forty thousand pesos (P40, 000) to
Two hundred thousand pesos (P200, 000), or both such fine and
imprisonment, shall be imposed upon any person who, having been
duly summoned to attend as a witness before Congress, its special
or standing committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions, or
before any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal excuse to
obey such summons or being present before any such legislative or
constitutional body or official, refuses to be sworn or placed under
affirmation or to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions. The same penalty
shall be imposed upon any person who shall restrain another from
attending as a witness, or who shall induce disobedience to
summons or refusal to be sworn by any such body or official."
SEC. 16. Article 151 of the same Act is hereby amended to read as
follows:
"ART. 151. Resistance and disobedience to a person in authority or
the agents of such person. - The penalty of arresto mayor and a fine
not exceeding One hundred thousand pesos (P100, 000) shall be
imposed upon any person who not being included in the provisions
of the preceding articles shall resist or seriously disobey any person
in authority or the agents of such person while engaged in the
performance of official duties.
"When the disobedience to an agent of a person in authority is not
of a serious nature, the penalty of arresto menor or a fine ranging
from Two thousand pesos (P2, 000) to Twenty thousand pesos (P20,
000) shall be imposed upon the offender."
SEC.17. Article 153 of the same Act is hereby amended to read as
follows:
"ART. 153. Tumults and other disturbances of public order;
Tumultuous disturbance or interruption liable to cause disturbance.-
The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine not exceeding Two
hundred thousand pesos (P200, 000) shall be imposed upon any
person who shall cause any serious disturbance in a public place,
office, or establishment, or shall interrupt or disturb public
performances, functions or gatherings, or peaceful meetings, if the
act is not included in the provisions of Articles 131 and 132.
"The penalty next higher in degree shall be imposed upon persons
causing any disturbance or interruption of a tumultuous character.
"The disturbance or iterruption shall be deemed to be tumultuous
if caused by more than three (3) persons who are armed or provided
with means of violence.
"The penalty of arresto mayor shall be imposed upon any person
who in any meeting, association, or public place, shall make any
outcry tending to incite rebellion or sedition or in such place shall
display placards or emblems which provoke a disturbance of the
public order.
"The penalty of arresto menor and a fine not to exceed Forty
thousand pesos (40, 000) shall be imposed upon these persons who
in violation of the provisions contained in the last clause of Article
85, shall bury with pomp the body of a person who has been legally
executed."
SEC. 18. Article 154 of the same Act is hereby amended to read as
follows:
"ART. 154. Unlawful use of means of publication and unlawful
utterances.- The penalty of arresto mayor and a fine ranging from
Forty thousand pesos (P40, 000) to Two hundred thousand pesos
(P200, 000) shall be imposed upon:
"1. Any person who by means of printing, lithography, or any other
means of publication shall publish or cause to be published as
news any false news which may endanger the public order, or
cause damage to the interest or credit of the State;
"2. Any person who by the same means, or by words, utterances or
speeches shall encourage disobedience to the law or to the
constituted authorities or praise, justify, or extol any act punished
by law;
"3. Any person who shall maliciously publish or cause to be
published any official resolution or document without proper
authority, or before they have been published officially; or
"4. Any person who shall print, publish, or distribute or cause to be
printed, published, or distributed books, pamphlets, periodicals, or
leaflets which do not bear the real printer's name, or which are
classified as anonymous."
SEC. 19. Article 155 of the same Act is hereby amended to read as
follows:
"ART. 155. Alarms and scandals.- The penalty of arresto menor or a
fine not exceeding Forty thousand peos (P40, 000) shall be imposed
upon:
"1. Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker. or other explosives
calculated to cause alarm or danger;
"2. Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
"3. Any person who, while wandering about at night or while
engaged in any other nocturnal amusements, shall disturb the
public peace; or
"4. Any person who, while intoxicated or otherwise, shall cause any
disturbance or scandal in public places: Provided, That the
circumstances of the case shall not make the provisions of Article
153 applicable."
SEC. 20. Article 163 of the same Act, as amended by Republic Act
No. 4202 ; is hereby further amended to read as follows:
"ART. 163. Making and importing and uttering false coins. - Any
person who makes, imports, or utters false coins, in connivance
with counterfeiters, or importers, shall suffer:
"1, Prision correccional in its minimum and medium periods and a
fine not to exceed Four hundred thousand pesos (P400,000), if the
counterfeited coins be any of the coinage of the Philippines.
"2. Prision correccional in its minimum period and a fine not to
exceed Two hundred thousand pesos (P200,000), if the
counterfeited coin be currency of a foreign country."
SEC. 21. Article 164 of the same Act is hereby amended to read as
follows:
"ART. 164. Mutilation of coins; Importation and utterance of
mutilated coins. - The penalty of prision correccional in its
minimum period and a fine not to exceed Four hundred thousand
pesos (P400,000) shall be imposed upon any person who shall
mutilate coins of the legal currency of the Philippines or import or
utter mutilated current coins, or in connivance with mutilators or
importers."
SEC. 22. Article 166 of the same Act is hereby amended to read as
follows:
"ART. 166. Forging treasury or bank notes or other documents
payable to bearer; Importing, and uttering such false or forged notes
and documents. - The forging or falsification of treasury or bank
notes or certificates or other obligations and securities payable to
bearer and the importation and uttering in connivance with forgers
or importers of such false or forged obligations or notes, shall be
punished as follows:
"1. By reclusion temporal in its minimum period and a fine not to
exceed Two million pesos (P2,000,000), if the document which has
been falsified, counterfeited, or altered is an obligation or security
of the Philippines.
"The words obligation or security of the Philippines' shall mean all
bonds, certificates of indebtedness, national bank notes, coupons.,
Philippine notes, treasury notes, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by or upon
authorized officers of the Philippines, and other representatives of
value, of whatever denomination, which have been or may be
issued under any act of Congress.
"2. By prision mayor in its maximum period and a fine not to
exceed One million pesos (P1,000,000), if the falsified or altered
document is a circulating note issued by any banking association
duly authorized by law to issue the same.
"3. By prision mayor in its medium period and a fine not to exceed
One million pesos (P1,000,000),if the falsified or counterfeited
document was issued by a foreign government.
"4. By prision mayor in its minimum period and a fine not to
exceed Four hundred thousand pesos (P400,000), when the forged
or altered document is a circulating note or bill issued by a foreign
bank duly authorized therefor."
SEC. 23. Article 167 of the same Act is hereby amended to read as
follows:
"ART. 167. Counterfeiting, importing and uttering instruments not
payable to bearer. - Any person who shall forge, import or utter, in
connivance with the forgers or importers, any instrument payable
to order or other document of credit not payable to bearer, shall
suffer the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding One million two
hundred thousand pesos (P1,200,000)."
SEC. 24. Article 170 of the same Act is hereby amended to read as
follows:
"ART. 170. Falsification of legislative documents. — The penalty
of prision correccional in its maximum period and a fine not
exceeding One million two hundred thousand pesos (P1,200,000)
shall be imposed upon any person who, without proper authority
therefor alters any bill, resolution or ordinance enacted or approved
or pending approval by either House of Congress or any provincial
board or municipal council."
SEC. 25. Article 171 of the same Act is hereby amended to read as
follows:
"ART. 171. Falsification- by public officer, employee or notary or
ecclesiastic minister. - The penalty of prision mayor and a fine not
to exceed One million pesos (P1,000,000) shall be imposed upon
any public officer, employee, or notary who, taking- advantage of
his official position, shall falsify a document by committing any of
the following acts:
"1. Counterfeiting or imitating any handwriting, signature or
rubric:
"2. Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate;
"3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them;
"4. Making untruthful statements in a narration of facts;
"5. Altering true dates;
"6. Making any alteration or intercalation in a genuine document
which changes its meaning;
"7. Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exists, or
including in such a copy a statement contrary to, or different from,
that of the genuine original; or
"8. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
"The same penalty shall be imposed upon any ecclesiastical
minister who shall commit any of the offenses enumerated in the
preceding paragraphs of this article, with respect to any record or
document, of such character that its falsification may affect the
civil status of persons."
SEC. 26. Article 172 of the same Act is hereby amended to read as
follows:
"ART. 172. Falsification by private individual and use of falsified
documents. - The penalty ofprision correccional in its medium and
maximum periods and a fine of not more than One million pesos
(P1,000.000) shall be imposed upon:
"1. Any private individual who shall commit any of the falsifications
enumerated in the next preceding article in any public or official
document or letter of exchange or any other kind of commercial
document;
"2. Any person who, to the damage of a third party, or with the
intent to cause such damage, shall in any private document,
commit any of the acts of falsification enumerated in the next
preceding article; and
"3. Any person who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who, with the
intent to cause such damage, shall use any of the false documents
embraced in the next preceding article, or in any of the foregoing
subdivisions of this article, shall be punished by the penalty next
lower in degree."
SEC 27. Article 174 of the same Act is hereby amended to read as
follows:
“ART. 174. False medical certificates, false certificates of merits or
service, etc. - The penalties of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not
to exceed Two hundred thousand pesos (P200.000) shall be
imposed upon:
"1. Any physician or surgeon who, in connection with the practice
of his profession, shall issue a false certificate; and
"2 . Any public officer who shall issue a false certificate of merit of
service, good conduct or similar circumstances,"
"The penalty of arresto mayor shall be imposed upon any private
person who shall falsify a certificate falling within the classes
mentioned in the two (2) preceding subdivisions."
SEC. 28. Article 176 of the same Act is hereby amended to read as
follows:
"ART. 176. Manufacturing and possession of instruments or
implements for falsification. - The penalty of prision correccional in
its medium and maximum periods and a fine not to exceed One
million pesos (P1,000,000) shall be imposed upon any person who
shall make or introduce into the Philippines any stamps, dies,
marks, or other instruments or implements intended to be used in
the commission of the offenses of counterfeiting or falsification
mentioned in the preceding sections of this Chapter.
"Any person who, with the intention of using them, shall have in
his possession any of the instruments or implements mentioned in
the preceding paragraphs, shall suffer the penalty next lower in
degree than that provided therein."
SEC. 29. Article 178 of the same Act is hereby amended to read as
follows:
"ART. 178. Using fictitious name and concealing true name, - The
penalty of arresto mayorand a fine not to exceed One hundred
thousand pesos (P100,000) shall be imposed upon any person who
shall publicly use a fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or causing damage.
"Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
exceed Forty thousand pesos (P40,000)."
SEC. 30. Article 180 of the same Act is hereby amended to read as
follows:
"ART. 180. False testimony against a defendant. - Any person who
shall give false testimony against the defendant in any criminal
case shall suffer:
"1. The penalty of reclusion temporal, if the defendant in said case
shall have been sentenced to death;
“2. The penalty of prision mayor, if the defendant shall have been
sentenced to reclusiontemporal or reclusion perpetua:
"3. The penalty of prision correccional, if the defendant shall have
been sentenced to any other afflictive penalty: and
"4. The penalty of arresto mayor, if the defendant shall have been
sentenced to a correctional penalty or a fine, or shall have been
acquitted.
"In cases provided in subdivisions 3 and 4 of this article the
offender shall further suffer a fine not to exceed Two hundred
thousand pesos (P200,000)."
SEC. 31. Article 181of the same Act is hereby amended to read as
follows:
“ART. 181. False testimony favorable to the defendant. - Any
person who shall give false testimony in favor of the defendant in a
criminal case, shall suffer the penalties of arresto mayor in its
maximum period to prision correccional in its minimum period and
a fine not to exceed Two hundred thousand pesos (P200,000), if the
prosecution is for a felony punishable by an afflictive penalty, and
the penalty of arresto mayorin any other case."
SEC. 32. Article 182 of the same Act is hereby amended to read as
follows:
''ART. 182. False testimony in civil cases. - Any person found guilty
of false testimony in a civil case shall suffer the penalty of prision
correccional in its minimum period and a fine not to exceed One
million two hundred thousand pesos (P1,200.000), if the amount in
controversy shall exceed One million pesos (P1,000.000), and the
penalty of arresto mayorin its maximum period to prision
correccional in its minimum period and a fine not to exceed Two
hundred thousand pesos (P200.000), if the amount in controversy
shall not exceed said amount, or cannot be estimated."
SEC. 33. Article 187 of the same Act is hereby amended to read as
follows;
"ART. 187. Importation and disposition of falsely marked articles or
merchandise made of gold, silver, or other precious metals or their
alloys. — The penalty of prision correccional or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200.000), or both, shall be imposed upon any person who shall
knowingly import or sell or dispose of any article or merchandise
made of gold, silver, or other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate the actual fineness
or quality of said metals or alloys.
"Any stamp, brand, label, or mark shall be deemed to fail to
indicate the actual fineness of the article on which it is engraved,
printed, stamped, labeled or attached, when the test of the article
shows that the quality or fineness thereof is less by more than one-
half karat, if made of gold, and less by more than four one-
thousandth, if made of silver, than what is shown by said stamp,
brand, label or mark. But in case of watch cases and flatware made
of gold, the actual fineness of such gold shall not be less by more
than three one-thousandth than the fineness indicated by said
stamp, brand, label, or mark."
SEC. 34. Article 201 of the same Act, as amended by Presidential
Decree Nos. 960 and 969. is hereby further amended to read as
follows:
"ART. 201. Immoral doctrines, obscene publications and exhibitions
and indecent shows. -The penalty of prision mayor or a fine ranging
from Twenty thousand pesos (P20,000) to Two hundred thousand
pesos (P200,000), or both such imprisonment and fine, shall be
imposed upon:
"1. Those who shall publiclyexpound or proclaim doctrines openly
contrary to public morals;
"2. a. The authors of obscene literature, published with their
knowledge in any form: the editors publishing such literature; and
the owners/ operators of the establishment selling the same;
"b. Those who. in theaters, fairs, cinematographs or any other
place, exhibit indecent or immoral plays, scenes, acts or shows, it
being understood that the obscene literature or indecent or
immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which: (1)
glorify criminals or condone crimes; (2) serve no other purpose but
to satisfy the market for violence, lust or pornography: (3) offend
any race or religion: (4) tend to abet traffic in and use of prohibited
drugs: and (5) are contrary to law, public order, morals, and good
customs, established policies, lawful orders, decrees and edicts;
and
"3. Those who shall sell, give away or exhibit films, prints,
engravings, sculpture or literature which are offensive to morals."
SEC. 35. Article 202 of the same Act. as amended, is hereby further
amended to read as follows:
"ART. 202. Prostitutes; Penalty. - For the purpose of this article,
women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
"Any person found guilty of any of the offenses covered by this
article shall be punished by arresto menor or a fine not exceeding
Twenty thousand pesos (P20,000). and in case of recidivism,
by arresto mayor in its medium period to prision correccional in
its minimum period or a fine ranging from Twenty thousand pesos
(P20,000) to Two hundred thousand pesos (P200,000), or both, in
the discretion of the court."
SEC. 36. Article 209 of the same Act jb hereby amended to read as
follows:
"ART. 209. Betrayal of trust by an attorney or solicitor. - Revelation
of secrets. - In addition to the proper administrative action, the
penalty of prision correccional in its minimum period, or a fine
ranging from Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000), or both, shall be imposed upon any
attorney-at-law or any person dulyauthorized to represent and/or
assist a party to a case who, by any malicious breach of
professional duty or of inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the latter learned
by him in his professional capacity.
"The same penalty shall be imposed upon an attorney-at4aw or any
person duly authorized to represent and/or assist a party to a case
who, having undertaken the defense of a client or having received
confidential information from said client in a case, shall undertake
the defense of the opposing party in the same case, without the
consent of his first client."
SEC. 37. Article 213 of the same Act is hereby amended to read as
follows:
“ART. 213. Frauds against the public treasury and similar offenses.
- The penalty of prisioncorreccional in its medium period to prision
mayor in its minimum period, or a fine ranging from Forty
thousand pesos (P40.000)to Two million pesos (P2,000,000), or
both, shall be imposed upon any public officer who:
"1. In his official capacity, in dealing with any person with regard to
furnishing supplies, the making of contracts, or the adjustment or
settlement of accounts relating to public property or funds, shall
enter into an agreement with any interested party or speculator or
make use of any other scheme, to defraud the Government:
''2. Being entrusted with the collection of taxes, licenses, fees and
other imposts, shall be guilty of any of the following acts or
omissions:
"(a) Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law.
"(b) Failing voluntarily to issue a receipt, as provided by law. for
any sum of money collected by him officially.
"(c) Collecting or receiving, directly or indirectly, by way of payment
or otherwise things or objects of a nature different from that
provided by law.
"When the culprit is an officer or employee of the Bureau of Internal
Revenue or the Bureau of Customs, the provisions of the
Administrative Code shall be applied."
SEC. 38. Article 215 of the same Act is hereby amended to read as
follows:
"ART. 215. Prohibited transactions. - The penalty of prision
correccional in its minimum period or a fine ranging from Forty
thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both., shall be imposed upon any appointive public
officer who, during his incumbency, shall directly or indirectly
become interested in any transaction of exchange or speculation
within the territory subject to his jurisdiction."
SEC. 39. Article 216 of the same Act is hereby amended to read as
follows:
"ART. 216. Possession of prohibited interest by a public officer.
— The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, or a fine ranging from Forty
thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000) or both, shall be imposed upon a public officer who
directly or indirectly, shall become interested in any contract or
business in which it is his official duty to intervene.
"This provision is applicable to experts, arbitrators and private
accountants who, in like manner, shall take part in any contract
or transaction connected with the estate or property in appraisal,
distribution or adjudication of which they shall have acted, and to
guardians and executors with respect to the property belonging to
their wards or estate.''
SEC. 40. Article 217 of the same Act., as amended by Republic Act
No. 1060, is hereby further amended to read as follows:
"ART. 217. Malversation of public funds or property. - Presumption
of malversation. - Any public officer who, by reason of the duties of
his office, is accountable for public funds or property, shall
appropriate the same, or shall take or misappropriate or shall
consent, through abandonment or negligence, shall permit any
other person to take such public funds or property, wholly or
partially, or shall otherwise be guilty of the misappropriation or
malversation of such funds or property, shall suffer:
"1. The penalty of prision correccional in its medium and
maximum periods, if the amount involved in the misappropriation
or malversation does not exceed Forty thousand pesos (P40,000).
"2. The penalty of prision mayor in its minimum and medium
periods, if the amount involved is more than Forty thousand pesos
(P40,000) but does not exceed One million two hundred thousand
pesos (P1,200,000).
"3. The penalty of prision mayor in its maximum period
to reclusion temporal in its minimum period, if the amount
involved is more than One million two hundred thousand pesos
(P1,200,000) but does not exceed Two million four hundred
thousand pesos (P2,400.000).
"4. The penalty of reclusion temporal, in its medium and maximum
periods, if the amount involved is more than Two million four
hundred thousand pesos (P2,400,000) but does not exceed Four
million four hundred thousand pesos (P4,400,000).
"5. The penalty of reclusion temporal in its maximum period, if the
amount involved is more than Four million four hundred thousand
pesos (P4,400,000) but does not exceed Eight million eight hundred
thousand pesos (P8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.
"In all cases, persons guilty of malversation shall, also suffer the
penalty of perpetual special disqualification and a fine equal to the
amount of the funds malversed or equal to the total value of the
property embezzled.
"The failure of a public officer to have duly forthcoming any public
funds or property with which he is chargeable, upon demand by
any duly authorized officer, shall be prima facie evidence that he
has put such missing funds or property to personal uses."
SEC. 41. Article 218 of the same Act is hereby amended to read as
follows:
"ART. 218. Failure of accountable officer to render accounts. - Any
public officer, whether in the service or separated therefrom by
resignation or any other cause, who is required by law or regulation
to render account to the Commission on Audit, or to a provincial
auditor and who fails to do so for a period of two (2) months after
such accounts should be rendered, shall be punished
by prision correccional in its minimum period, or by a fine ranging
from Forty thousand pesos (P40,000) to One million two hundred
thousand pesos (Pi,200,000), or both/ 1
SEC. 42. Article 219 of the same Act is hereby amended to read as
follows:
“ ART. 219. Failure of a responsible public officer to render accounts
before leaving the country. - Any public officer who unlawfully
leaves or attempts to leave the Philippines without securing a
certificate from the Commission on Audit showing that his
accounts have been finally settled, shall be punished by arresto
mayor, or a fine ranging from Forty thousand pesos (P40,000) to
Two hundred thousand pesos (P200,000), or both."
SEC. 43. Article 221 of the same Act is hereby amended to read as
follows:
"ART. 221. Failure to make delivery of public funds or property.
— Any public officer under obligation to make payment from
Government funds in his possession,, who shall fail to make such
payment, shall be punished by arresto mayor and a fine from five
(5) to twenty-five (25) percent of the sum which he failed to pay.
"This provision shall apply to any public officer who, being ordered
by competent authority to deliver any property in his custody or
under his administration, shall refuse to make such delivery.
"The fine shall be graduated in such ease by the value of the
thing: Provided, That it shall not be less than Ten thousand pesos
(P 10,000)."
SEC. 44. Article 226 of the same Act is hereby amended to read as
follows:
"ART. 226. Removal, concealment, or destruction of documents. -
Any public officer who shall remove, destroy or conceal documents
or papers officially entrusted to him, shall suffer:
"1. The penalty of prision mayor and a fine not exceeding Two
hundred thousand pesos (P200,000), whenever serious damage
shall have been caused thereby to a third party or to the public
interest.
“ 2. The penalty of prision correccional in its minimum and medium
period and a fine not exceeding Two hundred thousand pesos
(P200.000). whenever the damage caused to a third party or to the
public interest shall not have been serious.
"In either case, the additional penalty of temporary special
disqualification in its maximum period to perpetual disqualification
shall be imposed.'
SEC. 45. Article 227 of the same Act is hereby amended to read as
follows:
''ART. 227. Officer breaking seal. - Any public officer charged with
the custody of papers or property sealed by proper authority, who
shall break the seals or permit them to be broken, shall suffer the
penalties of prision correccional in its minimum and medium
periods, temporary special disqualification and a fine not exceeding
Four hundred thousand pesos (P400,000)."
SEC. 46. Article 228 of the same Act is hereby amended to read as
follows:
"ART. 228. Opening of closed documents. - Any public officer not
included in the provisions of the next preceding article who,
without proper authority, shall open or shall permit to be opened
any closed papers, documents or objects entrusted to his custody,
shall suffer the penalties of arresto mayor, temporary special
disqualification and a fine not exceeding Four hundred thousand
pesos (P400,000)."
SEC. 47. Article 229 of the same Act is hereby amended to read as
follows:
"ART. 229. Revelation of secrets by an officer. - Any public officer
who shall reveal any secret known to him by reason of his official
capacity, or shall wrongfully deliver papers or copies of papers of
which he may have charge and which should not. be published,
shall suffer the penalties of prision correccional in its medium and
maximum periods, perpetual special disqualification and a fine not
exceeding Four hundred thousand pesos (P400,000) if the
revelation of such secrets or the delivery of such papers shall have
caused serious damage to the public interest: otherwise, the
penalties of prision correccional in its minimum period, temporary
special, disqualification and a fine not exceeding One hundred
thousand pesos (P100.000) shall be imposed."
SEC. 48. Article 230 of the same Act is hereby amended to read as
follows:
"ART. 230. Public officer revealing secrets of private individual.
- Any public officer to whom the secrets of any private individual
shall become known by reason of his office who shall reveal such
secrets. shall suffer the penalties of arresto mayor and a fine not
exceeding Two hundred thousand pesos (P200,000)."
SEC. 49. Article 231 of the same Act is hereby amended to read as
follows:
"ART. 231. Open disobedience. - Any judicial or executive officer
who shall openly refuse to execute the judgment, decision or order
of any superior authority made within the scope of the jurisdiction
of the latter and issued with all the legal formalities, shall suffer the
penalties of arresto mayor in its medium period to prision
correccional in its minimum period, temporary special
disqualification in its maximum period and a fine not. exceeding
Two hundred thousand pesos (P200,000)."
SEC. 50. Article 233 of the same Act is hereby amended to read as
follows:
"ART. 233. 'Refusal of assistance. - The penalties of arresto
mayor in its medium period toprision correccional in its minimum
period, perpetual special disqualification and a fine not exceeding
Two hundred thousand pesos (P200,000), shall be imposed upon a
public officer who. upon demand from competent authority, shall
fail to lend his cooperation towards the administration of justice or
other public service, if such failure shall result in serious damage
to the public interest, or to a third party: otherwise, arresto
mayor in its medium and maximum periods and a fine not
exceeding One hundred thousand pesos (P 100,000) shall be
imposed."
SEC. 51. Article 234 of the same Act is hereby amended to read as
follows:
“ART. 234. Refusal to discharge elective office. - The penalty
of arresto mayor or a fine not exceeding Two hundred thousand
pesos (P200,000), or both, shall be imposed upon any person who.
having been elected by popular election to a public office, shall
refuse without legal motive to be sworn in or to discharge the
duties of said office."
SEC. 52. Article 235 of the same Act, as amended by Executive
Order No. 62. is hereby further amended to read as follows:
“ART. 235. Maltreatment of prisoners. - The penalty of prision
correccional in its medium period to prision mayor in its minimum
period, in addition to his liability for the physical
injuries or damage caused, shall be imposed upon any public
officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention prisoner under his charge, by
the imposition of punishments not authorized by the regulations,
or by inflicting such punishments in a cruel and humiliating
manner.
"If the purpose of the maltreatment is to extort a confession, or to
obtain some information from the prisoner, the offender shall be
punished by prision mayor in its minimum period, temporary
special disqualification and a fine not exceeding One hundred
thousand pesos (P100,000), in addition to his liability for the
physical injuries or damage caused."
SEC. 53. Article 236 of the same Act is hereby amended to read as
follows:
"ART. 236. Anticipation of duties of a public office. - Any person
who shall assume the performance of the duties and powers of any
public officer or employment, without first, being sworn in or
having given the bond required by law. shall be suspended from
such office or employment until he shall have complied with the
respective formalities and shall be fined from Forty thousand pesos
(P40,000) to One hundred thousand pesos (P100,000)."
SEC. 54. Article 237 of the same Act is hereby amended to read as
follows:
"ART. 237. Prolonging performance of duties and powers. - Any
public officer who shall continue to exercise the duties and powers
of his office, employment or commission, beyond the period
provided by law. regulation or special provisions applicable to the
case, shall suffer the penalties of prision correccional in its
minimum period, special temporary disqualification in its minimum
period and a fine not exceeding One hundred thousand pesos
(P100,000)
SEC. 55. Article 239 of the same Act is hereby amended to read as
follows:
"ART. 239. Usurpation of legislative powers. - The penalties
of prision correccional in its minimum period, temporary special
disqualification and a fine not exceeding Two hundred thousand
pesos (P200,000). shall be imposed upon any public officer who
shall encroach upon the powers of the legislative branch of the
Government, either by making general rules or regulations beyond
the scope of his authority, or by attempting to repeal a law or
suspending the execution thereof."
SEC. 56. Article 242 of the same Act is hereby amended to read as
follows:
"ART. 242. Disobeying request for disqualification: - Any public
officer who, before the question of jurisdiction is decided, shall
continue any proceeding after having been lawfully required to
refrain from so doing, shall be punished by arresto mayor and a
fine not exceeding One hundred thousand pesos (P100,000)."
SEC. 57. Article 243 of the same Act is hereby amended to read as
follows:
"ART. 243. Orders or requests by executive officers to any judicial
authority. - Any executive officer who shall address any order or
suggestion to any judicial authority with respect, to any case or
business coming within the exclusive jurisdiction of the courts of
justice shall suffer the penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (P100,000).”
SEC. 58. Article 244 of the same Act is hereby amended to read as
follows:
"ART. 244. Unlawful appointments. - Any public officer who shall
knowingly nominate or appoint to any public office any person
lacking the legal qualifications therefor, shal] suffer the penalty
of arresto mayor and a fine not exceeding Two hundred thousand
pesos (P200,000)."
SEC. 59. Article 259 of the same Act is hereby amended to read as
follows:
"ART. 259. Abortion practiced by a physician or midwife and
dispensing of abortives. - The penalties provided in Article 256
shall be imposed in its maximum period, respectively, upon any
physician or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the
same."
“ Any pharmacist who, without the proper prescription from a
physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding One hundred thousand pesos
(P100,000)."
SEC. 60. Article 265 of the .same Act is hereby amended to read as
follows:
"ART. 265. Less serious physical injuries. - Any person who shall
inflict upon another physical injuries not described in the
preceding articles, but which shall incapacitate the offended party
for labor for ten (10) days or more, or shall require medical
assistance for the same period, shall be guilty of less serious
physical injuries and shall suffer the penalty of arresto mayor."
"Whenever less serious physical injuries shall have been inflicted
with the manifest intent to insult or offend the injured person, or
under circumstances adding ignominy to the offense, in addition to
the penalty of arresto mayor, a fine not exceeding Fifty thousand
pesos (P50,000) shall be imposed.”
"Any less serious physical injuries inflicted upon the offenders
parents, ascendants, guardians, curators, teachers, or persons of
rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods: Provided, That
in the case of persons in authority, the deed does not constitute the
crime of assault upon such persons.”
SEC. 61. Article 266 of the same Act is hereby amended to read as
follows:
"ART. 266. Slight physical injuries and maltreatment. - The crime
of slight physical injuries shall be punished:
"1. By arresto menor when the offender has inflicted physical
injuries which shall incapacitate the offended party for labor from
one (1) to nine (9) days, or shall require medical attendance during
the same period.
"2. By arresto menor or a fine not exceeding Forty thousand pesos
(P40,000) and censure when the offender has caused physical
injuries which do not prevent the offended party from engaging in
his habitual work nor require medical assistance.
“3. By arresto menor in its minimum period or a fine not exceeding
Five thousand pesos (P5,000) when the offender shall ill-treat
another by deed without causing any injury."
SEC. 62. Article 268 of the same Act. as amended by Republic Act
No. 18. is hereby further amended to read as follows:
"ART- 268. Slight illegal detention. - The penalty of reelusion
temporal shall be imposed upon any private individual who shall
commit the crimes described in the nest preceding article without
the attendance of any of the circumstances enumerated therein.
"The same penalty shall be incurred by anyone who shall furnish
the place for the perpetration of the crime.
''If the offender shall voluntarily release the person so kidnapped or
detained within three (3) days from the commencement of the
detention, without having attained the purpose intended., and
before the institution of criminal proceeding's against him. the
penalty shall be prision mayor in its minimum and medium
periods and a fine not exceeding One hundred thousand pesos
(P100,000)."
SEC. 63. Article 269 of the same Act is hereby amended to read as
follows:
“ART. 269. Unlawful arrest. - The penalty of arresto mayor and a
fine not exceeding One hundred thousand pesos (P100,000) shall
be imposed upon any person who. in any case other than those
authorized by law, or without reasonable ground therefor, shall
arrest or detain another for the purpose of delivering him to the
proper authorities."
SEC. 64. Article 271 of the same Act, as amended by Republic Act
No. 18. is hereby further amended to read as follows:
“ART. 271. Inducing a minor to abandon his home. - The penalty
of prision correccional and a fine not exceeding One hundred
thousand pesos (P100.000) shall be imposed upon anyone who
shall induce a minor to abandon the home of his parents or
guardians or the persons entrusted with his custody.”
"If the person committing any of the crimes covered by the two (2)
preceding 1 articles shall be the father or the mother of the minor,
the penalty shall be arresto mayor or a fine not exceeding Forty
thousand pesos (P40,000) or both."
SEC. 65. Article 276 of the same Act is hereby amended to read as
follows:
“ART, 276. Abandoning a minor. - The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who shall abandon a
child under seven (7) years of age. the custody of which is
incumbent upon him.
"When the death of the minor shall result from such abandonment,
the culprit shall be punished by prision correccional in its medium
and maximum periods: but if the life of the minor shall have been
in danger only, the penalty shall be prision correccional in its
minimum and medium periods.
"The provisions contained in the two (2) preceding paragraphs shall
not prevent the imposition of the penalty provided for the act
committed, when the same shall constitute a more serious offense.''
SEC. 66. Article 277 of the same Act is hereby amended to read as
follows:
"ART. 277. Abandonment of minor by person entrusted with his
custody; Indifference of parents. - The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who. having charge of
the rearing or education of a minor, shall deliver said minor to a
public institution or other persons, 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 proper authorities.”
"The same penalty shall be imposed upon the parents who shall
neglect their children by not giving them the education which their
station in life requires and financial condition permits."'
SEC. 67. Article 278 of the same Act is hereby amended to read as
follows:
"ART. 278. Exploitation of minors. - The penalty of prision
correccional in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000) shall be
imposed upon;
"1. Any person who shall cause any boy or girl under sixteen (16)
years of age to perform any dangerous feat of balancing, physical
strength, or contortion.
“2. Any person who. being an acrobat, gymnast, rope-walker, diver,
wild-animal tamer or circus manager or engaged in a similar
calling, shall employ in exhibitions of these kinds children under
sixteen (16) years of age who are not his children or descendants.
"3. Any person engaged in any of the callings enumerated in the
next preceding paragraph who shall employ any descendant of his
under twelve (12) years of age in such dangerous exhibitions.
"4. Any ascendant, guardian, teacher or person entrusted in any
capacity with the care of a child under sixteen (16) years of age who
shall deliver such child gratuitously to any person following any of
the callings enumerated in paragraph 2 hereof, or to any habitual
vagrant or beggar.
''If the delivery shall have been made in consideration of any price,
compensation, or promise, the penalty shall in every case be
imposed in its maximum period.
"In either case, the guardian or curator convicted shall also be
removed from office as guardian or curator; and in the case of the
parents of the child, they may be deprived, temporarily or
perpetually, in the discretion of the court, of their parental
authority.
"5. Any person who shall induce any child under sixteen (16) years
of age to abandon the home of its ascendants, guardians, curators
or teacher? to follow any person engaged in any of the callings
mentioned in paragraph 2 hereof, or to accompany any habitual
vagrant or beggar."
SEC. 88. Article 280 of the same Act is hereby amended to read as
follows:
"ART. 280. Qualified trespass to dwelling. - Any private person who
shall enter the dwelling of another against the latter's will, shall be
punished by arresto mayor and a fine not exceeding Two hundred
thousand pesos (P200,000).
"If the offense be committed by means of violence or intimidation,
the penalty shall be prision correccional in its medium and
maximum periods and a fine not exceeding Two hundred thousand
pesos (P200,000).
"The provisions of this article shall not be applicable to any person
who shall enter another's dwelling for the purpose of preventing
some serious harm to himself, the occupants of the dwelling
or & third person, nor shall it be applicable to any person who
shall enter a dwelling for the purpose of rendering some service to
humanity or justice, nor to anyone who shall enter cafes, taverns,
inns and other public houses, while the same are open."
SEC. 69. Article 283, of the same Act is hereby amended to read as
follows:
"ART. 281. Other forms of trespass. - The penalty of arresto
menor or a fine not exceeding- Forty thousand pesos (P40,000), or
both, shal] be imposed upon any person who shall enter the closed
premises or the fenced estate of another, while either oi' both of
them are uninhabited, if the prohibition to enter be manifest and
the trespasser has not- secured the permission of the owner or the
caretaker thereof."
SEC. 70. Article 282 of the same Act is hereby amended to read as
follows:
"ART. 282. Grave threats. - Any person who shall threaten another
with the infliction upon the person, honor or property of the latter
or of his family of any wrong amounting to a crime, shall suffer:
"1. The penalty next lower in degree than that- prescribed by law
for the crime he threatened to commit, if the offender shall have
made the threat demanding money or imposing any other
condition, even though not unlawful, and said offender shall have
attained his purpose. If the offender shall not have attained his
purpose, the penalty lower by two (2) degrees shall be imposed.
“If the threat be made in writing or through a middleman, the
penalty shall be imposed in its maximum period.
"2. The penalty of arresto mayor and a fine not exceeding One
hundred thousand pesos (P100,000) if the threat shall not have
been made subject to a condition.'"
SEC. 71. Article 285 of the same Act is hereby amended to read as
follows:
"ART. 285. Other light threats. - The penalty of arresto menor in its
minimum period or a fine not exceeding Forty thousand pesos
(P40,000) shall be imposed upon:
"1. Any person who. without being included in the provisions of the
next preceding article, shall threaten another with a weapon, or
draw such weapon in a quarrel, unless it be in lawful self-defense.
"2. Any person who, in the heat of anger, shall orally threaten
another with some harm not constituting a crime, and who by
subsequent acts shows that he did not persist, in the idea involved
in his threat: Provided, That the circumstances of the offense shall
not bring it within the provisions of Article 282 of this Code.
"3. Any person who shall orally threaten to do another any harm
not constituting a felony."
SEC. 72. Article 286 of the same Act as amended by Republic Act
No. 7890 is hereby further amended to read as follows:
"ART. 286. Grave, coercions. - The penalty of prision
correccional and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who without any
authority of law shall, by means of violence, threats, or
intimidation, prevent another from doing something not
prohibited by law, or compel him to do something against his will,
whether it be right or wrong.
"If the coercion be committed in violation of the exercise of the right
of suffrage, or for the purpose of compelling another to perform any
religious act, or to prevent him from exercising such right or from
so doing such act the penalty next higher in degree shall be
imposed.''
SEC. 73. Article 287 of the same Act is hereby amended to read as
follows:
“ART. 287. Light coercions. - Any person who,, by means of
violence, shall seize anything belonging to his debtor for the
purpose of applying the same to the payment of the debt, shall
suffer the penalty of arresto mayor in its minimum period and a
fine equivalent to the value of the thing, but in no case less than
Fifteen thousand pesos (Pl5,000).
''Any other coercions or unjust vexations shall be punished
by arresto menor or a fine ranging from One thousand pesos
(P1,000) to not more than Forty thousand pesos (P40,000) or both."
SEC. 74, Article 288 of the same Act is hereby amended to read as
follows:
"ART. 288. Other similar coercions; (Compulsory purchase of
merchandise and payment of wages by means of tokens). - The
penalty of arresto mayor or a fine ranging from Forty thousand
pesos (P40.000) to One hundred thousand pesos (P100,000), or
both, shall be imposed upon any person, agent or officer of any
association or corporation who shall force or compel, directly or
indirectly, or shall knowingly permit any laborer or employee
employed by him or by such firm or corporation to be forced or
compelled, to purchase merchandise or commodities of any kind.
"The same penalties shall be imposed upon any person who shall
pay the wages due a laborer or employee employed by him, by
means of tokens or objects other than the legal tender currency of
the Philippines, unless expressly requested by the laborer or
employee."
SEC. 75. Article 289 of the same Act is hereby amended to read as
follows:
“ ART. 289. Formation, maintenance and prohibition of combination
of capital or laborthrough violence or threats. — The penalty
of arresto mayor and a fine not exceeding Sixty thousand pesos
(P60,000) shall be imposed upon any person who, for the purpose
of organizing, maintaining or preventing coalitions of capital or
labor, strike of laborers or lock-out of employers, shall employ
violence or threats in such a degree as to compel or force the
laborers or employees in the free and legal exercise of their industry
or work, if the act shall not constitute a more serious offense in
accordance with the provisions of this Code."
SEC. 76. Article 290 of the same Act is hereby amended to read as
follows:
"ART. 290. Discovering secrets through seizure of correspondence.
- The penalty of prisioncorreccional in its minimum and medium
periods and a fine not exceeding One hundredthousand pesos
(P100,000) shall be imposed upon any private individual who in
order to discover the secrets of another, shall seize his papers
orletters and reveal the contents thereof.
"If the offender shall not reveal such secrets, the penalty shall
be arresto mayor and a fine not exceeding One hundred thousand
pesos (P100,000).
"This provision shall not be applicable to parents, guardians, or
persons entrusted with the custody of minors with respect to the
papers or letters of the children or minors placed under their care
or custody, nor to spouses with respect to the papers or letters of
either of them."
SEC. 77. Article 291 of the same Act is hereby amended to read as
follows:
"ART. 291. Revealing secrets with abuse of office. - The penalty
of arresto mayor and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon any manager, employee or
servant who, in such capacity, shall learn the secrets of his
principal or master and shall reveal such secrets."
SEC. 78. Article 292 of the same Act is hereby amended to read as
follows:
"ART. 292. Revelation of industrial secrets. - The penalty of prision
correccional in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000) shall be
imposed upon the person in charge, employee or workman of any
manufacturing or industrial establishment who. to the prejudice of
the owner thereof, shall reveal the secrets of the industry of the
latter.''
SEC. 79. Article 299 of the same Act. as amended by Republic Act
No. 18, is hereby further amended to read as follows:
“ART. 299. Robbery in an inhabited house or public building or
edifice devoted to worship. - Any armed person who shall commit
robbery in an inhabited house or public building or edifice devoted
to religious worship, shall be punished by reclusion temporal, if
the value of the property taken shall exceed Fifty thousand pesos
(P50,000). and if -
"(a) The malefactors shall enter the house or building in which the
robbery was committed, by any of the following means:
"1. Through an opening not intended for entrance or egress.
"2. By breaking any wall, roof, or floor or breaking any door or
window.
"3. By using false keys, pick locks or similar tools.
"4. By using any fictitious name or pretending the exercise of public
authority.
Or if -
"(b) The robbery be committed under any of the following
circumstances:
"1, By the breaking of doors, wardrobes., chests, or any other kind
of locked or sealed furniture or receptacle.
"2. By taking such furniture or objects away to be broken or forced
open outside the place of the robbery.
"When the offenders do not carry arms, and the value of the
property taken exceeds Fifty thousand pesos (P50,000) the penalty
next lower in degree shall be imposed.
"The same rule shall be applied when the offenders are armed, but
the value of the property taken does not exceed Fifty thousand
pesos (P50,000).
"When said offenders do not carry arms and the value of the
property taken does not exceed Fifty thousand pesos (P50,000),
they shall suffer the penalty prescribed in the two (2) next
preceding paragraphs, in its minimum period.
''If the robbery be committed in one of the dependencies of an
inhabited house, public building, or building dedicated to religious
worship, the penalties next lower in degree than those prescribed in
this article shall be imposed."
SEC. 80. Article 302 of the same Act, as amended by
Commonwealth Act No. 417, is hereby further amended to read as
follows:
“ART. 302. Robbery in an uninhabited place or in a. private
building. - Any robbery committed in an uninhabited place or in a
building other than those mentioned in the first paragraph of
Article 299 if the value of the property taken exceeds Fifty
thousand pesos (P50,000), shall be punished by prision
correccional in its medium and maximum periods provided that
any of the following circumstances is present:
"1. If the entrance has been effected through any opening not
intended for entrance or egress.
“2. If any wall, root floor or outside door or window has been
broken.
"3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools.
"4. If any door, wardrobe, chest, or any sealed or closed furniture or
receptacle has been broken.
"5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed, even if the same be broken open
elsewhere.
''When the value of the property taken does not exceed Fifty
thousand pesos (P50,000), the penalty next lower in degree shall be
imposed.
"In the cases specified in Articles 294. 295, 297. 299, 300, and 302
of this Code, when the property taken is mail matter or large cattle,
the offender shall suffer the penalties next higher in degree than
those provided in said articles."
SEC. 81. Article 309 of the same Act is hereby amended to read as
follows:
"ART. 309. Penalties. - Any person guilty of theft shall be punished
by:
"1. The penalty of prision mayor in its minimum and medium
periods, if the value of the thing stolen is more than One million
two hundred thousand pesos (P1,200,000) but does not exceed Two
million two hundred thousand pesos (P2,200,000); but if the value
of the thing stolen exceeds the latter amount, the penalty shall be
the maximum period of the one prescribed in this paragraph, and
one (1) year for each additional One million pesos (P1,000,000). but
the total of the penalty which may be imposed shall not exceed
twenty (20) years. In such cases, and in connection with the
accessory penalties which may be imposed and for the purpose of
the other provisions of this Code, the penalty shall be
termed prision mayor or reclusion temporal, as the case may be.
"2. The penalty of prision correccional in its medium and maximum
periods, if the value of the thing stolen is more than Six hundred
thousand pesos (P600,000) but does not exceed One million two
hundred thousand pesos (P1,200,000).
"3. The penalty of prision correccional in its minimum and medium
periods, if the value of the property stolen is more than Twenty
thousand pesos (P20,000) but does not exceed Six hundred
thousand pesos (P600 ,000).
"4. Arreslo mayor in its medium period to prision correccional in
its minimum period, if the value of the property stolen is over Five
thousand pesos (P5,000) but does not exceed Twenty thousand
pesos (P20,000).
"5. Arresto mayor to its full extent, if such value is over Five
hundred pesos (P500) but does not exceed Five thousand pesos
(P5,000).
"6. Arresto mayor in its minimum and medium periods, if such
value does not exceed Five hundred pesos (P500).
"7. Arresto menor or a fine not exceeding Twenty thousand pesos
(P20,000), if the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding article and the
value of the thing stolen does not exceed Five hundred pesos
(P500). If such value exceeds said amount, the provisions of any of
the five preceding- subdivisions shall be made applicable.
"8. Arresto menor in its minimum period or a fine of not exceeding
Five thousand pesos (P5,000), when the value of the thing stolen is
not over Five hundred pesos (P500), and the offender shall have
acted under the impulse of hunger, poverty, or the difficulty of
earning a livelihood for the support of himself or his family."
SEC. 82. Article 31.1 of the same Act is hereby amended to read as
follows:
"ART. 311. Theft of the property of the National Library and
National Museum. - if the property stolen be any property of the
National Library or the National Museum, the penalty shall
be arresto mayor or a fine ranging from Forty thousand pesos
(P40,000) to One hundred thousand pesos (P100,000), or both,
unless a higher penalty should be provided under other provisions
of this Code, in which case, the offender shall be punished by such
higher penalty.”
SEC. 84, Article 313 of the same Act is hereby amended to read as
follows:
''ART. 313. Altering boundaries or landmarks. - Any person who
shall alter the boundary marks or monuments of towns, provinces,
or estates, or any other marks intended to designate the
boundaries of the same, shall be punished by arresto menor or a
fine not exceeding Twenty thousand pesos (P20,000), or both."
SEC. 85. Article 315 of the same Act. as amended by Republic Act
No. 4885, Presidential Decree No. 1689, and Presidential Decree
No. 818, is hereby further amended to read as follows:
"ART. 315. Swindling (estafa). - Any person who shall defraud
another by any of the means mentioned herein below shall be
punished by:
"1st. The penalty of prision correccional in its maximum period
to prision mayor in its minimum period, if the amount of thefraud
is over Two million four hundred thousand pesos (P2,400,000) but
does not exceed Four million four hundred thousand pesos
(P4,400,000), and if such amount exceeds the latter sum, the
penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each additional Two million
pesos (P2,000,000): but the total penalty which may be imposed
shall not exceed twenty years. In such eases, and in connection
with the accessory penalties which may be imposed and for the
purpose of the other provisions of this Code, the penalty shall be
termed prision mayor or reclusion temporal as the case may be.
''2nd. The penalty of prision correccional in its minimum and
medium periods, if the amount of the fraud is over One million two
hundred thousand pesos (P1,200,000) but does not exceed Two
million four hundred thousand pesos (P2,400,000).
"'3rd. The penalty of arresto mayor in its maximum period
to prision correccional. in its minimum period, if such amount is
over Forty thousand pesos (P40,000) but does not exceed One
million two hundred thousand pesos (P1,200,000).
"4th. By arresto mayor in its medium and maximum periods, if
such amount does not exceed Forty thousand pesos
(P40,000): Provided, That in the four cases mentioned, the fraud
be committed by any of the following means.
"1. With unfaithfulness or abuse of confidence, namely:
"(a) By altering the substance, quantity, or quality of anything of
value which the offender shall deliver by virtue of an obligation to
do so, even though such obligation be based on an immoral or
illegal consideration.
"(b) By misappropriating or converting, to the prejudice of another,
money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under
any other obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally or partially
guaranteed by a bond: or by denying having received such money,
goods, or other property.
"(c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such signature
in blank, to the prejudice of the offended party or any third person.
"2. By means of any of the following false pretenses or fraudulent
acts executed prior to or simultaneously with the commission of
the fraud:
"(a) By using fictitious name, or falsely pretending to possess
power, influence, qualifications, property, credit, agency, business
or imaginary transactions, or by means of other similar deceits.
"(b) By altering the quality, fineness or weight of anything
pertaining to his art or business.
"(c) By pretending to have bribed any Government employee,
without prejudice to the action for calumny which the offended
party may deem proper to bring against the offender. In this case,
the offender shall be punished by the maximum period of the
penalty.
"(d) By postdating a check, or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his
funds deposited therein were not sufficient to cover the amount of
the check. The failure of the drawer of the check to deposit the
amount necessary to cover his check within three (3) days from
receipt of notice from the bank and/or the payee or holder that said
check has been dishonored for lack or insufficiency of funds shall
be prima facie evidence of deceit constituting false pretense or
fraudulent act.
"Any person who shall defraud another by means of false pretenses
or fraudulent acts as defined in paragraph 2(d) hereof shall be
punished by:
"1st. The penalty of reclusion temporal in its maximum period, if
the amount of fraud is over Four million four hundred thousand
pesos (P4,400,000) but does not exceed Eight million eight hundred
thousand pesos (P8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.
"2nd. The penalty of reclusion temporal in its minimum and
medium periods, if the amount of the fraud is over Two million four
hundred thousand pesos (P2,400.000) but does not exceed Four
million four hundred thousand pesos (P4,400,000).
"3rd. The penalty of prision mayor in its maximum period, if the
amount of the fraud is over One million two hundred thousand
pesos (P 1,200,000) but does not exceed Two million four hundred
thousand pesos (P2,400,000).
"4th. The penalty of prision mayor in its medium period, if such
amount is over Forty thousand pesos (P40,000) but does not exceed
One million two hundred thousand pesos (P1,200,000).
"5th. By prision mayor in its minimum period, if such amount does
not exceed Forty thousand pesos (P40.000).
Through any of the following fraudulent means:
"(a) By inducing another, by means of deceit, to sign any document.
"(b) By resorting to some fraudulent, practice to insure success in a
gambling game.
"(c) By removing, concealing or destroying, in whole or in part, any
court record, office files, document or any other papers/'
SEC, 86. Article 318 of the same Act is hereby amended to read as
follows:
"ART. 318. Other deceits. - The penalty of arresto mayor and a fine
of not less than the amount of the damage caused and not more
than twice such amount, shall be imposed upon any person who
shall defraud or damage another by any other deceit not mentioned
in the preceding articles of this Chapter.
“Any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the
public in any other similar manner, shall suffer the penalty
of arresto mayor or a fine not exceeding Forty thousand pesos
(P40,000)."
SEC. 87. Article 328 of the same Act is hereby amended to read as
follows:
"ART. 328. Special cases of malicious mischief. - Any person who
shall cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive substance; or
spreading any infection or contagion among cattle; or who causes
damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, promenade,
or any other thing used in common by the public, shall be
punished:
"1. By prision correccional in its minimum and medium periods, if
the value of the damage caused exceeds Two hundred thousand
pesos (P200,000);
"2. By arresto mayor, if such value does not exceed the
abovementioned amount but is over Forty thousand pesos
(P40,000): and
"3. By arresto menor. if such value does not exceed Forty thousand
pesos (P40,000)
SEC. 88. Article 329 of the same Act. as amended by
Commonwealth Act No. 3999, is hereby further amended to read as
follows:
"ART. 329. Other mischiefs. - The mischiefs not included in the
next preceding article shall be punished:
"1. By arresto mayor in its medium and maximum periods, if the
value of the damage caused exceeds Two hundred thousand pesos
(P200,000);
"2. By arresto mayor in its minimum and medium periods, if such
value is over Forty thousand pesos (P40,000) but does not exceed
Two hundred thousand pesos (P200,000); and
"3) By arresto menor or a fine of not less than the value of the
damage caused and not more than Forty thousand pesos (P40,000),
if the amount involved does not exceed Forty thousand pesos
(P40,000) or cannot be estimated."
SEC. 89. Article 331 of the same Act is hereby amended to read as
follows:
"ART. 331. Destroyingor damaging statues, public monuments or
paintings. - Any person who shall destroy or damage statues or
any other useful or ornamental public monument, shall suffer the
penalty of arresto mayor in its medium period to prision
correccional in its minimum period.
"Any person who shall destroy or damage any useful or ornamental
painting of a public nature shall suffer the penalty of arresto
menor or a fine not exceeding Forty thousand pesos (P40,000), or
both such fine and imprisonment, in the discretion of the court."
SEC. 90. Article 347 of the same Act is hereby amended to read as
follows:
"ART. 347. Simulation of births, substitution of one child foranother
and concealment orabandonment of a legitimate child. - The
simulation of births and the substitution of one child for another
shall be punished by prision mayor and a fine of not exceeding Two
hundred thousand pesos (P200,000).
"The same penalties shall be imposed upon any person who shall
conceal or abandon any legitimate child with intent to cause such
child to lose its civil status.
'"Any physician or surgeon or pub he officer who, in violation of the
duties of his profession or office - shall cooperate in the execution
of any of the crimes mentioned in the two (2) next preceding
paragraphs, shall suffer the penalties therein prescribed and also
the penalty of temporary special disqualification."
SEC. 91. Article 355 of the same Act is hereby amended to read as
follows:
"ART. 355. Libel by means of writings or similar means. - A libel
committed by means of writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical exhibition.,
cinematographic exhibition, or any similar means, shall be
punished by prision correccional in its minimum and medium
periods or a fine ranging from Forty thousand pesos (P40,000) to
One million two hundred thousand pesos (P1,200,000), or both, in
addition to the civil action which may be brought by the offended
party.''
SEC. 92. Article 356 of the same Act is hereby amended to read as
follows:
"ART. 356. Threatening to publish and offer to prevent such
publication for a compensation. - The penalty of arresto mayor or a
fine from Forty thousand pesos (P40,000) to Four hundred
thousand pesos (P400,000), or both, shall be imposed upon any
person who threatens another to publish a libel concerning him or
the parents, spouse, child, or other member of the family of the
latter, or upon anyone who shall offer to prevent the publication of
such, libel for a compensation or money consideration."
SEC. 93. Article 357 of the same Act is hereby amended to read as
follows:
“ ART. 357. Prohibited publication of acts referred to in the course of
official proceedings. -The penalty of arresto mayor or a fine of Forty
thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both, shall be imposed upon any reporter, editor or
manager of a newspaper, daily or magazine, who shall publish facts
connected with the private life of another and offensive to the
honor, virtue and reputation of said person, even though said
publication be made in connection with or under the pretext that it
is necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned."
SEC. 94. Article 358 of the same Act is hereby amended to read as
follows:
"ART. 358. Slander. - Oral defamation shall be punished by arresto
mayor in its maximum period to prision correccional in its
minimum period if it is of a serious and insulting nature; otherwise
the penalty shall be arresto menor or a fine not exceeding Twenty
thousand pesos (P20,000)."
SEC. 95. Article 359 of the same Act is hereby amended to read as
follows:
"ART. 359. Slander by deed. - The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period or
a fine ranging from Twenty thousand pesos (P20,000) to One
hundred thousand pesos (P100,000) shall be imposed upon any
person who shall perform any act not included and punished in
this title., which shall cast, dishonor, discredit or contempt upon
another person. If said act is not of a serious nature, the penalty
shall be arresto menor or a fine not exceeding Twenty thousand
pesos (P20,000)."
SEC. 96. Article 364 of the same Act is hereby amended to read as
follows:
"ART. 364. Intriguing against honor. - The penalty of arresto
menor or fine not exceeding Twenty thousand pesos (P20,000)
shall be imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a person."
SEC. 97. Article 365 of the same Act, as amended by Republic Act
No. 1790, is hereby further amended to read as follows:
"ART. 365. Imprudence and negligence. - Any person who, by
reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the penalty
of arresto mayor in its maximum period to prision correccional in
its medium period; if it would have constituted a less grave felony,
the penalty of arresto mayor in its minimum and medium periods
shall be imposed; if it would have constituted a light felony, the
penalty of arresto menor in its maximum period shall be imposed.
"Any person who. by simple imprudence or negligence, shall
commit an act which would otherwise constitute a grave felony,
shall suffer the penalty of arresto mayor in its medium and
maximum periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum period shall be
imposed.
"When the execution of the act covered by this article shall have
only resulted in damage to the property of another, the offender
shall be punished by a fine ranging from an amount equal to the
value of said damages to three (3) times such value, but which
shall in no case be less than Five thousand pesos (P5,000).
"A fine not. exceeding Forty thousand pesos (P40,000) and censure
shall be imposed upon any person, who, by simple imprudence or
negligence, shall cause some wrong which, if done maliciously,
would have constituted a light felony.
"In the imposition of these penalties, the court shall exercise their
sound discretion, without regard to the rules prescribed In Article
64.
"The provisions contained in this article shall not be applicable:
"1. When the penalty provided for the offense is equal to or lower
than those provided in the first two (2) paragraphs of this article, in
which case the court shall impose the penalty next lower in degree
than that which should be imposed in the period which they may
deem proper to apply.
"2. When, by imprudence or negligence and with violation of the
Automobile Law, the death of a person shall be caused, in which
case the defendant shall be punished by prision correccional in its
medium and maximum periods.
''Reckless imprudence consists in voluntarily, but without malice,
doing or failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person
performing or failing to perform such act. taking into consideration
his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and
place.
"Simple imprudence consists in the lack of precaution displayed in
those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest.
''The penalty next higher in degree to those provided for in this
article shall be imposed upon the offender who fails to lend on the
spot to the injured parties such help as may be in his hands to
give."
SEC. 98. Separability Clause. - Should any provision of this Act be
declared invalid, the remaining provisions shall continue to be valid
and subsisting.
SEC. 99. Repealing Clause. - All laws, executive orders, or
administrative orders, rules and regulations or parts thereof, which
are inconsistent with this Act are hereby amended, repealed or
modified accordingly.
SEC. 100. Retroactive Effect. - This Act shall have retroactive effect
to the extent that it is favorable to the accused or person serving
sentence by final judgment.
SEC. 101. Transitory Provision; Applicability to Pending Cases. -
For cases pending before the courts upon the effectivity of this Act
where trial has already started, the courts hearing such cases shall
not lose jurisdiction over the same by virtue of this Act.
SEC. 102. Effectivity. - This Act shall take effect within fifteen (15)
days after its publication in at least, two (2) newspapers of general
circulation.
Approved,
(SGD.) PANTALEON D.
(SGD.) AQUILINO "KOKO"
ALVAREZ
PIMENTEL III
Speaker of the House of
President of the Senate
Representatives
This Act which is a consolidation of Senate Bill No. 14 and House
Bill No. 5513 was finally passed by the Senate and the House of
Representatives on May 30, 2017.
(SGD.) CESAR STRAIT PAREJA (SGD.) LUTGARDO B. BARBO
Secretary General Secretary of the Senate
House of Representatives
Approved: AUG 29 2017
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines