ACT NO.

3815 There is deceit when the act is performed with deliberate intent; and
there is fault when the wrongful act results from imprudence,
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS negligence, lack of foresight, or lack of skill.

PRELIMINARY ARTICLE ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred:

This law shall be known as “The Revised Penal Code.” 1. By any person committing a felony (delito) although the wrongful
act done be different from that which he intended.
BOOK ONE
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
General Provisions Regarding the Date of Enforcement and
accomplishment or on account of the employment of inadequate or
Application of the Provisions of this Code, and Regarding the
ineffectual means.
Offenses, the Persons Liable and the Penalties

ARTICLE 5. Duty of the Court in Connection with Acts Which Should

PRELIMINARY TITLE
Be Repressed but Which are Not Covered by the Law, and in Cases of
Excessive Penalties. — Whenever a court has knowledge of any act
Date of Effectiveness and Application of the Provisions of This Code which it may deem proper to repress and which is not punishable by
law, it shall render the proper decision, and shall report to the Chief
ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect Executive, through the Department of Justice, the reasons which
on the first day of January, nineteen hundred and thirty-two. induce the court to believe that said act should be made the subject
of penal legislation.
ARTICLE 2. Application of Its Provisions. — Except as provided in the
treaties and laws of preferential application, the provisions of this In the same way the court shall submit to the Chief Executive,
Code shall be enforced not only within the Philippine Archipelago, through the Department of Justice, such statement as may be
including its atmosphere, its interior waters and maritime zone, but deemed proper, without suspending the execution of the sentence,
also outside of its jurisdiction, against those who: when a strict enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking into
1. Should commit an offense while on a Philippine ship or airship; consideration the degree of malice and the injury caused by the
offense.

2. Should forge or counterfeit any coin or currency note of the

Philippine Islands or obligations and securities issued by the ARTICLE 6. Consummated,, Frustrated, and Attempted Felonies. —
Government of the Philippine Islands; Consummated felonies, as well as those which are frustrated and
attempted, are punishable.

3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding A felony is consummated when all the elements necessary for its
number; execution and accomplishment are present; and it is frustrated when
the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce
4. While being public officers or employees, should commit an it by reason of causes independent of the will of the perpetrator.
offense in the exercise of their functions; or

There is an attempt when the offender commences the commission

5. Should commit any of the crimes against national security and the of a felony directly by overt acts, and does not perform all the acts of
law of nations, defined in Title One of Book Two of this Code. execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.
TITLE ONE
ARTICLE 7. When Light Felonies are Punishable. — Light felonies are
Felonies and Circumstances Which Affect Criminal Liability punishable only when they have been consummated, with the
exception of those committed against person or property.
CHAPTER ONE
ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy
Felonies and proposal to commit felony are punishable only in the cases in
which the law specially provides a penalty therefor.
ARTICLE 3. Definition. — Acts and omissions punishable by law are
felonies (delitos). A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa). There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons.
ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. — Third. That there be no other practical and less harmful means of
Grave felonies are those to which the law attaches the capital preventing it.
punishment or penalties which in any of their periods are afflictive, in
accordance with article 25 of this Code. 5. Any person who acts in the fulfillment of a duty or in the lawful
exercise of a right or office.
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with 6. Any person who acts in obedience to an order issued by a superior
the abovementioned article. for some lawful purpose.

Light felonies are those infractions of law for the commission of which ARTICLE 12. Circumstances Which Exempt from Criminal Liability. —
the penalty of arresto menor or a fine not exceeding 200 pesos or The following are exempt from criminal liability:
both, is provided.
1. An imbecile or an insane person, unless the latter has acted during
ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — a lucid interval.
Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall be
When the imbecile or an insane person has committed an act which
supplementary to such laws, unless the latter should specially provide
the law defines as a felony (delito), the court shall order his
the contrary.
confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave
CHAPTER TWO without first obtaining the permission of the same court.

Justifying Circumstances and Circumstances which Exempt from 2. A person under nine years of age.
Criminal Liability
3. A person over nine years of age and under fifteen, unless he has
ARTICLE 11. Justifying Circumstances. — The following do not incur acted with discernment, in which case, such minor shall be proceeded
any criminal liability: against in accordance with the provisions of article 80 of this Code.

1. Anyone who acts in defense of his person or rights, provided that When such minor is adjudged to be criminally irresponsible, the
the following circumstances concur: court, in conformity with the provisions of this and the preceding
paragraph, shall commit him to the care and custody of his family
First. Unlawful aggression; who shall be charged with his surveillance and education; otherwise,
he shall be committed to the care of some institution or person
Second. Reasonable necessity of the means employed to prevent or mentioned in said article 80.
repel it;
4. Any person who, while performing a lawful act with due care,
Third. Lack of sufficient provocation on the part of the person causes an injury by mere accident without fault or intention of
defending himself. causing it.

2. Anyone who acts in defense of the person or rights of his spouse, 5. Any person who acts under the compulsion of an irresistible force.
ascendants, descendants, or legitimate, natural or adopted brothers
or sisters, or of his relatives by affinity in the same degrees, and those 6. Any person who acts under the impulse of an uncontrollable fear of
by consanguinity within the fourth civil degree, provided that the first an equal or greater injury.
and second requisites prescribed in the next preceding circumstance
are present, and the further requisite, in case the provocation was 7. Any person who fails to perform an act required by law, when
given by the person attacked, that the one making defense had no prevented by some lawful or insuperable cause.
part therein.
CHAPTER THREE
3. Anyone who acts in defense of the person or rights of a stranger,
provided that the first and second requisites mentioned in the first
Circumstances Which Mitigate Criminal Liability
circumstance of this article are present and that the person defending
be not induced by revenge, resentment, or other evil motive.
ARTICLE 13. Mitigating Circumstances. — The following are mitigating
circumstances:
4. Any person who, in order to avoid an evil or injury, does an act
which causes damage to another, provided that the following
requisites are present: 1. Those mentioned in the preceding chapter, when all the requisites
necessary to justify the act or to exempt from criminal liability in the
respective cases are not attendant.
First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;
2. That the offender is under eighteen years of age or over seventy 6. That the crime be committed in the nighttime, or in an uninhabited
years. In the case of the minor, he shall be proceeded against in place, or by a band, whenever such circumstances may facilitate the
accordance with the provisions of article 80. commission of the offense.

3. That the offender had no intention to commit so grave a wrong as Whenever more than three armed malefactors shall have acted
that committed. together in the commission of an offense it shall be deemed to have
been committed by a band.
4. That sufficient provocation or threat on the part of the offended
party immediately preceded the act. 7. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune.
5. That the act was committed in the immediate vindication of a grave
offense to the one committing the felony (delito), his spouse, 8. That the crime be committed with the aid of armed men or persons
ascendants, descendants, legitimate, natural, or adopted brothers or who insure or afford impunity.
sisters, or relatives by affinity within the same degrees.
9. That the accused is a recidivist.
6. That of having acted upon an impulse so powerful as naturally to
have produced passion or obfuscation. A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
7. That the offender had voluntarily surrendered himself to a person embraced in the same title of this Code.
in authority or his agents, or that he had voluntarily confessed his
guilt before the court prior to the presentation of the evidence for 10. That the offender has been previously punished for an offense to
the prosecution. which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
8. That the offender is deaf and dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action, 11. That the crime be committed in consideration of a price, reward,
defense, or communication with his fellow beings. or promise.

9. Such illness of the offender as would diminish the exercise of the 12. That the crime be committed by means of inundation, fire,
will-power of the offender without however depriving him of poison, explosion, stranding of a vessel or intentional damage
consciousness of his acts. thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
10. And, finally, any other circumstance of a similar nature and
analogous to those above mentioned. 13. That the act be committed with evident premeditation.

CHAPTER FOUR 14. That craft, fraud, or disguise be employed.

Circumstances Which Aggravate Criminal Liability 15. That advantage be taken of superior strength, or means be
employed to weaken the defense.
ARTICLE 14. Aggravating Circumstances. — The following are
aggravating circumstances: 16. That the act be committed with treachery (alevosia).

1. That advantage be taken by the offender of his public position. There is treachery when the offender commits any of the crimes
against the person, employing means, methods, or forms in the
2. That the crime be committed in contempt of or with insult to the execution thereof which tend directly and specially to insure its
public authorities. execution, without risk to himself arising from the defense which the
offended party might make.
3. That the act be committed with insult or in disregard of the respect
due to the offended party on account of his rank, age, or sex, or that 17. That means be employed or circumstances brought about which
it be committed in the dwelling of the offended party, if the latter has add ignominy to the natural effects of the act.
not given provocation.
18. That the crime be committed after an unlawful entry.
4. That the act be committed with abuse of confidence or obvious
ungratefulness. There is an unlawful entry when an entrance is effected by a way not
intended for the purpose.
5. That the crime be committed in the palace of the Chief Executive,
or in his presence, or where public authorities are engaged in the 19. That as a means to the commission of a crime a wall, roof, floor,
discharge of their duties, or in a place dedicated to religious worship. door, or window be broken.
20. That the crime be committed with the aid of persons under ARTICLE 18. Accomplices. — Accomplices are those persons who, not
fifteen years of age or by means of motor vehicles, airships, or other being included in article 17, cooperate in the execution of the offense
similar means. by previous or simultaneous acts.

21. That the wrong done in the commission of the crime be ARTICLE 19. Accessories. — Accessories are those who, having
deliberately augmented by causing other wrong not necessary for its knowledge of the commission of the crime, and without having
commission. participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
CHAPTER FIVE
1. By profiting themselves or assisting the offender to profit by the
Alternative Circumstances effects of the crime.

ARTICLE 15. Their Concept. — Alternative circumstances are those 2. By concealing or destroying the body of the crime, or the effects or
which must be taken into consideration as aggravating or mitigating instruments thereof, in order to prevent its discovery.
according to the nature and effects of the crime and the other
conditions attending its commission. They are the relationship, 3. By harboring, concealing, or assisting in the escape of the principal
intoxication and the degree of instruction and education of the of the crime, provided the accessory acts with abuse of his public
offender. functions or whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief
The alternative circumstance of relationship shall be taken into Executive, or is known to be habitually guilty of some other crime.
consideration when the offended party is the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or ARTICLE 20. Accessories Who are Exempt from Criminal Liability. —
relative by affinity in the same degrees of the offender. The penalties prescribed for accessories shall not be imposed upon
those who are such with respect to their spouses, ascendants,
The intoxication of the offender shall be taken into consideration as a descendants, legitimate, natural, and adopted brothers and sisters, or
mitigating circumstance when the offender has committed a felony in relatives by affinity within the same degrees, with the single
a state of intoxication, if the same is not habitual or subsequent to exception of accessories falling within the provisions of paragraph 1
the plan to commit said felony; but when the intoxication is habitual of the next preceding article.
or intentional it shall be considered as an aggravating circumstance.
TITLE THREE
TITLE TWO
Penalties
Persons Criminally Liable for Felonies
CHAPTER ONE
ARTICLE 16. Who are Criminally Liable. — The following are criminally
liable for grave and less grave felonies: Penalties in General

1. Principals. ARTICLE 21. Penalties that May Be Imposed. — No felony shall be

punishable by any penalty not prescribed by law prior to its
2. Accomplices. commission.

3. Accessories. ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall have
a retroactive effect in so far as they favor the person guilty of a
felony, who is not a habitual criminal, as this term is defined in rule 5
The following are criminally liable for light felonies:
of article 62 of this Code, although at the time of the publication of
such laws a final sentence has been pronounced and the convict is
1. Principals. serving the same.

2. Accomplices. ARTICLE 23. Effect of Pardon by the Offended Party. — A pardon by

the offended party does not extinguish criminal action except as
ARTICLE 17. Principals. — The following are considered principals: provided in article 344 of this Code; but civil liability with regard to
the interest of the injured party is extinguished by his express waiver.
1. Those who take a direct part in the execution of the act;
ARTICLE 24. Measures of Prevention or Safety Which are Not
2. Those who directly force or induce others to commit it; Considered Penalties. — The following shall not be considered as
penalties:

3. Those who cooperate in the commission of the offense by another

act without which it would not have been accomplished. 1. The arrest and temporary detention of accused persons, as well as
their detention by reason of insanity or imbecility, or illness requiring
their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Penalties common to the three preceding classes:
article 80 and for the purposes specified therein.
Fine, and
3. Suspension from the employment or public office during the trial or
in order to institute proceedings. Bond to keep the peace.

4. Fines and other corrective measures which, in the exercise of their Accessory Penalties
administrative or disciplinary powers, superior officials may impose
upon their subordinates.
Perpetual or temporary absolute disqualification,

5. Deprivation of rights and the reparations which the civil laws may
Perpetual or temporary special disqualification,
establish in penal form.

Suspension from public office, the right to vote and be voted for, the
CHAPTER TWO
profession or calling.

Classification of Penalties
Civil interdiction,

ARTICLE 25. Penalties Which May Be Imposed. — The penalties which

Indemnification,
may be imposed, according to this Code, and their different classes,
are those included in the following:
Forfeiture or confiscation of instruments and proceeds of the offense,
Scale
Payment of costs.
Principal Penalties
ARTICLE 26. Fine — When Afflictive, Correctional or Light Penalty. —
A fine, whether imposed as a single or as an alternative penalty, shall
Capital punishment:
be considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not less
Death. than 200 pesos; and a light penalty, if it be less than 200 pesos.

Afflictive penalties: CHAPTER THREE

Reclusión perpetua, Duration and Effect of Penalties

Reclusión temporal, SECTION ONE

Perpetual or temporary absolute disqualification, Duration of Penalties

Perpetual or temporary special disqualification, ARTICLE 27. Reclusión Perpetua. — Any person sentenced to any of
the perpetual penalties shall be pardoned after undergoing the
Prisión mayor. penalty for thirty years, unless such person by reason of his conduct
or some other serious cause shall be considered by the Chief
Correctional penalties: Executive as unworthy of pardon.

Prisión correccional, Reclusión temporal. — The penalty of reclusión temporal shall be

from twelve years and one day to twenty years.
Arresto mayor,
Prisión mayor and temporary disqualification. — The duration of the
penalties of prisión mayor and temporary disqualification shall be
Suspensión,
from six years and one day to twelve years, except when the penalty
of disqualification is imposed as an accessory penalty, in which case
Destierro. its duration shall be that of the principal penalty.

Light penalties: Prisión correccional, suspensión, and destierro. — The duration of the
penalties of prision correccional, suspensión and destierro shall be
Arresto menor, from six months and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be
Public censure. that of the principal penalty.
Arresto mayor. — The duration of the penalty or arresto mayor shall 4. The loss of all right to retirement pay or other pension for any
be from one month and one day to six months. office formerly held.

Arresto menor. — The duration of the penalty of arresto menor shall ARTICLE 31. Effects of the Penalties of Perpetual or Temporary Special
be from one day to thirty days. Disqualification. — The penalties of perpetual or temporary special
disqualification for public office, profession or calling shall produce
Bond to keep the peace. — The bond to keep the peace shall be the following effects:
required to cover such period of time as the court may determine.
1. The deprivation of the office, employment, profession or calling
ARTICLE 28. Computation of Penalties. — If the offender shall be in affected;
prison the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction shall 2. The disqualification for holding similar offices or employments
have become final. either perpetually or during the term of the sentence, according to
the extent of such disqualification.
If the offender be not in prison, the term of the duration of the
penalty consisting of deprivation of liberty shall be computed from ARTICLE 32. Effects of the Penalties of Perpetual or Temporary Special
the day that the offender is placed at the disposal of the judicial Disqualification for the Exercise of the Right of Suffrage. — The
authorities for the enforcement of the penalty. The duration of the perpetual or temporary special disqualification for the exercise of the
other penalties shall be computed only from the day on which the right of suffrage shall deprive the offender perpetually or during the
defendant commences to serve his sentence. term of the sentence, according to the nature of said penalty, of the
right to vote in any popular election for any public office or to be
ARTICLE 29. One-half of the Period of the Preventive Imprisonment elected to such office. Moreover, the offender shall not be permitted
Deducted from Term of Imprisonment. — Offenders who have to hold any public office during the period of his disqualification.
undergone preventive imprisonment shall be credited in the service
of their sentence consisting of deprivation of liberty, with one-half of ARTICLE 33. Effects of the Penalties of Suspension from Any Public
the time during which they have undergone preventive Office, Profession or Calling, or the Right of Suffrage. — The
imprisonment, except in the following cases: suspension from public office, profession or calling, and the exercise
of the right of suffrage shall disqualify the offender from holding such
1. When they are recidivists, or have been convicted previously twice office or exercising such profession or calling or right of suffrage
or more times of any crime; during the term of the sentence.

2. When upon being summoned for the execution of their sentence The person suspended from holding public office shall not hold
they have failed to surrender voluntarily; another having similar functions during the period of his suspension.

3. When they have been convicted of robbery, theft, estafa, ARTICLE 34. Civil Interdiction. — Civil interdiction shall deprive the
malversation of public funds, falsification, vagrancy, or prostitution. offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of any
ward, of marital authority, of the right to manage his property and of
SECTION TWO
the right to dispose of such property by any act or any conveyance
inter vivos.
Effects of the Penalties According to Their Respective Nature
ARTICLE 35. Effects of Bond to Keep the Peace. — It shall be the duty
ARTICLE 30. Effects of the Penalties of Perpetual or Temporary of any person sentenced to give bond to keep the peace, to present
Absolute Disqualification. — The penalties of perpetual or temporary two sufficient sureties who shall undertake that such person will not
absolute disqualification for public office shall produce the following commit the offense sought to be prevented, and that in case such
effects: offense be committed they will pay the amount determined by the
court in its judgment, or otherwise to deposit such amount in the
1. The deprivation of the public offices and employments which the office of the clerk of the court to guarantee said undertaking.
offender may have held, even if conferred by popular election.
The court shall determine, according to its discretion, the period of
2. The deprivation of the right to vote in any election for any popular duration of the bond.
elective office or to be elected to such office.
Should the person sentenced fail to give the bond as required he shall
3. The disqualification for the offices or public employments and for be detained for a period which shall in no case exceed six months, if
the exercise of any of the rights mentioned. he shall have been prosecuted for a grave or less grave felony, and
shall not exceed thirty days, if for a light felony.
In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during the ARTICLE 36. Pardon; Its Effects. — A pardon shall not work the
term of the sentence. restoration of the right to hold public office, or the right of suffrage,
unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the ARTICLE 40. Death — Its Accessory Penalties. — The death penalty,
civil indemnity imposed upon him by the sentence. when it is not executed by reason of commutation or pardon shall
carry with it that of perpetual absolute disqualification and that of
ARTICLE 37. Costs — What are Included. — Costs shall include fees civil interdiction during thirty years following the date of sentence,
and indemnities in the course of the judicial proceedings, whether unless such accessory penalties have been expressly remitted in the
they be fixed or unalterable amounts previously determined by law or pardon.
regulations in force, or amounts not subject to schedule.
ARTICLE 41. Reclusión Perpetua and Reclusión Temporal — Their
ARTICLE 38. Pecuniary Liabilities — Order of Payment. — In case the accessory penalties. — The penalties of reclusión perpetua and
property of the offender should not be sufficient for the payment of reclusión temporal shall carry with them that of civil interdiction for
all his pecuniary liabilities, the same shall be met in the following life or during the period of the sentence as the case may be, and that
order: of perpetual absolute disqualification which the offender shall suffer
even though pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
1. The reparation of the damage caused.

ARTICLE 42. Prisión Mayor — Its Accessory Penalties. — The penalty

2. Indemnification of consequential damages.
of prisión mayor shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification from the
3. The fine. right of suffrage which the offender shall suffer although pardoned as
to the principal penalty, unless the same shall have been expressly
4. The costs of the proceedings. remitted in the pardon.

ARTICLE 39. Subsidiary Penalty. — If the convict has no property with ARTICLE 43. Prisión Correccional — Its Accessory Penalties. — The
which to meet the pecuniary liabilities mentioned in paragraphs 1st, penalty of prisión correccional shall carry with it that of suspension
2nd and 3rd of the next preceding article, he shall be subject to a from public office, from the right to follow a profession or calling, and
subsidiary personal liability at the rate of one day for each 2 pesos that of perpetual special disqualification from the right of suffrage, if
and 50 centavos, subject to the following rules: the duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in this article
1. If the principal penalty imposed be prisión correccional or arresto although pardoned as to the principal penalty, unless the same shall
and fine, he shall remain under confinement until his fine and have been expressly remitted in the pardon.
pecuniary liabilities referred in the preceding paragraph are satisfied,
but his subsidiary imprisonment shall not exceed one-third of the ARTICLE 44. Arresto — Its Accessory Penalties. — The penalty of
term of the sentence, and in no case shall it continue for more than arresto shall carry with it that of suspension of the right to hold office
one year, and no fraction or part of a day shall be counted against the and the right of suffrage during the term of the sentence.
prisoner.
ARTICLE 45. Confiscation and Forfeiture of the Proceeds or
2. When the principal penalty imposed be only a fine, the subsidiary Instruments of the Crime. — Every penalty imposed for the
imprisonment shall not exceed six months, if the culprit shall have commission of a felony shall carry with it the forfeiture of the
been prosecuted for a grave or less grave felony, and shall not exceed proceeds of the crime and the instruments or tools with which it was
fifteen days, if for a light felony. committed.

3. When the principal penalty imposed is higher than prisión Such proceeds and instruments or tools shall be confiscated and
correccional no subsidiary imprisonment shall be imposed upon the forfeited in favor of the Government, unless they be the property of a
culprit. third person not liable for the offense, but those articles which are
not subject of lawful commerce shall be destroyed.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as CHAPTER FOUR
those of which the principal penalty consists.
Application of Penalties
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from
SECTION ONE
reparation of the damaged caused, nor from indemnification for the
consequential damages in case his financial circumstances should
improve; but he shall be relieved from pecuniary liability as to the Rules for the Application of Penalties to the Persons Criminally Liable
fine. and for the Graduation of the Same

SECTION THREE ARTICLE 46. Penalty to be Imposed Upon Principals in General. — The
penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.
Penalties in Which Other Accessory Penalties are Inherent
Whenever the law prescribes a penalty for a felony in general terms, ARTICLE 53. Penalty to Be Imposed Upon Accessories to the
it shall be understood as applicable to the consummated felony. Commission of a Consummated Felony. — The penalty lower by two
degrees than that prescribed by law for the consummated felony shall
ARTICLE 47. In What Cases the Death Penalty Shall Not Be Imposed. be imposed upon the accessories to the commission of a
— The death penalty shall be imposed in all cases in which it must be consummated felony.
imposed under existing laws, except in the following cases:
ARTICLE 54. Penalty to Be Imposed Upon Accomplices in a Frustrated
1. When the guilty person be more than seventy years of age. Crime. — The penalty next lower in degree than that prescribed by
law for the frustrated felony shall be imposed upon the accomplices
in the commission of a frustrated felony.
2. When upon appeal or revision of the case by the Supreme Court, all
the members thereof are not unanimous in their voting as to the
propriety of the imposition of the death penalty. For the imposition of ARTICLE 55. Penalty to Be Imposed Upon Accessories of a Frustrated
said penalty or for the confirmation of a judgment of the inferior Crime. — The penalty lower by two degrees than that prescribed by
court imposing the death sentence, the Supreme Court shall render law for the frustrated felony shall be imposed upon the accessories to
its decision per curiam, which shall be signed by all justices of said the commission of a frustrated felony.
court, unless some member or members thereof shall have become
disqualified from taking part in the consideration of the case, in which ARTICLE 56. Penalty to Be Imposed Upon Accomplices in an
event the unanimous vote and signature of only the remaining Attempted Crime. — The penalty next lower in degree than that
justices shall be required. prescribed by law for an attempt to commit a felony shall be imposed
upon the accomplices in an attempt to commit the felony.
ARTICLE 48. Penalty for Complex Crimes. — When a single act
constitutes two or more crimes, or when an offense is a necessary ARTICLE 57. Penalty to Be Imposed Upon Accessories of an Attempted
means for committing the other, the penalty for the most serious Crime. — The penalty lower by two degrees than that prescribed by
crime shall be imposed, the same to be applied in its maximum law for the attempt shall be imposed upon the accessories to the
period. attempt to commit a felony.

ARTICLE 49. Penalty to Be Imposed Upon the Principals When the ARTICLE 58. Additional Penalty to Be Imposed Upon Certain
Crime Committed is Different from that Intended. — In cases in which Accessories. — Those accessories falling within the terms of
the felony committed is different from that which the offender paragraph 3 of article 19 of this Code who should act with abuse of
intended to commit, the following rules shall be observed: their public functions, shall suffer the additional penalty or absolute
perpetual disqualification if the principal offender shall be guilty of a
1. If the penalty prescribed for the felony committed be higher than grave felony, and that of absolute temporary disqualification if he
that corresponding to the offense which the accused intended to shall be guilty of a less grave felony.
commit, the penalty corresponding to the latter shall be imposed in
its maximum period. ARTICLE 59. Penalty to Be Imposed in Case of Failure to Commit the
Crime Because the Means Employed or the Aims Sought are
2. If the penalty prescribed for the felony committed be lower than Impossible. — When the person intending to commit an offense has
that corresponding to the one which the accused intended to commit, already performed the acts for the execution of the same but
the penalty for the former shall be imposed in its maximum period. nevertheless the crime was not produced by reason of the fact that
the act intended was by its nature one of impossible accomplishment
or because the means employed by such person are essentially
3. The rule established by the next preceding paragraph shall not be
inadequate to produce the result desired by him, the court, having in
applicable if the acts committed by the guilty person shall also
mind the social danger and the degree of criminality shown by the
constitute an attempt or frustration of another crime, if the law
offender, shall impose upon him the penalty of arresto mayor or a
prescribes a higher penalty for either of the latter offenses, in which
fine ranging from 200 to 500 pesos.
case the penalty provided for the attempt or the frustrated crime
shall be imposed in its maximum period.
ARTICLE 60. Exceptions to the Rules Established in Articles 50 to 57.
— The provisions contained in articles 50 to 57, inclusive, of this Code
ARTICLE 50. Penalty to Be Imposed Upon Principals of a Frustrated
shall not be applicable to cases in which the law expressly prescribes
Crime. — The penalty next lower in degree than that prescribed by
the penalty provided for a frustrated or attempted felony, or to be
law for the consummated felony shall be imposed upon the principal
imposed upon accomplices or accessories.
in a frustrated felony.

ARTICLE 61. Rules for Graduating Penalties. — For the purpose of

ARTICLE 51. Penalty to Be Imposed Upon Principals of Attempted
graduating the penalties which, according to the provisions of articles
Crimes. — The penalty lower by two degrees than that prescribed by
50 to 57, inclusive, of this Code, are to be imposed upon persons
law for the consummated felony shall be imposed upon the principals
guilty as principals of any frustrated or attempted felony, or as
in an attempt to commit a felony.
accomplices or accessories, the following rules shall be observed:

ARTICLE 52. Penalty to Be Imposed Upon Accomplices in a

1. When the penalty prescribed for the felony is single and indivisible,
Consummated Crime. — The penalty next lower in degree than that
the penalty next lower in degree shall be that immediately following
prescribed by law for the consummated felony shall be imposed upon
the accomplices in the commission of a consummated felony.
that indivisible penalty in the scale prescribed in article 70 of this Fourt Prision Prision Arresto Fine
Code. h Case Mayor in correccional mayor in its and Arresto
its in its maximum Mayor in its
2. When the penalty prescribed for the crime is composed of two maximum maximum period minimum
indivisible penalties, or of one or more divisible penalties to be period period to prision and medium
imposed to their full extent, the penalty next lower in degree shall be to reclusio to prision correccionali periods
that immediately following the lesser of the penalties prescribed in n mayor in its n its medium
the above mentioned scale. temporal medium period.
in its period.
medium
3. When the penalty prescribed for the crime is composed of one or
period.
two indivisible penalties and the maximum period of another divisible
penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the SECTION TWO
maximum period of that immediately following in said scale.
Rules for the Application of Penalties with Regard to the Mitigating
4. When the penalty prescribed for the crime is composed of several and Aggravating Circumstances, and Habitual Delinquency
periods, corresponding to different divisible penalties, the penalty
next lower in degree shall be composed of the period immediately ARTICLE 62. Effects of the Attendance of Mitigating or Aggravating
following the minimum prescribed and of the two next following, Circumstances and of Habitual Delinquency. — Mitigating or
which shall be taken from the penalty prescribed, if possible; aggravating circumstances and habitual delinquency shall be taken
otherwise, from the penalty immediately following in the above into account for the purpose of diminishing or increasing the penalty
mentioned scale. in conformity with the following rules:

5. When the law prescribes a penalty for a crime in some manner not 1. Aggravating circumstances which in themselves constitute a crime
specially provided for in the four preceding rules, the courts, specially punishable by law or which are included by the law in
proceeding by analogy, shall impose corresponding penalties upon defining a crime and prescribing the penalty therefor shall not be
those guilty as principals of the frustrated felony, or of attempt to taken into account for the purpose of increasing the penalty.
commit the same, and upon accomplices and accessories.
2. The same rule shall apply with respect to any aggravating
TABULATION OF THE PROVISIONS OF THE CHAPTER circumstances inherent in the crime to such a degree that it must of
Penalty Penalty to Penalty to Penalty to Penalty to necessity accompany the commission thereof.
Prescribe be imposed be imposed be imposed be
for the upon the upon the upon the imposed
3. Aggravating or mitigating circumstances which arise from the moral
crime principal in a principal in accessory in upon the
attributes of the offender, or from his private relations with the
frustrated an a frustrated accessory offended party, or from any other personal cause, shall only serve to
crime, and attempted crime, and in an
aggravate or mitigate the liability of the principals, accomplices and
accomplice crime, the the attempted accessories as to whom such circumstances are attendant.
in a accessory in accomplices crime
consummate the in an
d crime consummate attempted 4. The circumstances which consist in the material execution of the
d crime and crime act, or in the means employed to accomplish it, shall serve to
the aggravate or mitigate the liability of those persons only who had
accomplices knowledge of them at the time of the execution of the act or their
in a cooperation therein.
frustrated
crime. 5. Habitual delinquency shall have the following effects:
First Death Reclusion Reclusion Prision Prision
Case Perpetua Temporal Mayor Correccion (a) Upon a third conviction the culprit shall be sentenced to the
al penalty provided by law for the last crime of which he be found guilty
Secon Reclusion Reclusion Prision Prision Arresto and to the additional penalty of prisión correccional in its medium
d Case Perpetuat Temporal Mayor Correccional Mayor and maximum periods;
o Death
Third Reclusion Prision Prision Arresto Fine (b) Upon a fourth conviction the culprit shall be sentenced to the
Case Temporali Mayor in its correccional Mayor in it s and Arrest penalty provided for the last crime of which he be found guilty and to
n its maximum in its maximum o Mayor in the additional penalty of prisión mayor in its minimum and medium
maximum period maximum period its periods; and
period to to reclusion period to prision minimum
death temporal in to prision correccional and (c) Upon a fifth or additional conviction, the culprit shall be sentenced
its medium mayor in its in its medium to the penalty provided for the last crime of which he be found guilty
period medium medium periods and to the additional penalty of prisión mayor in its maximum period
period period to reclusión temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalty next lower to that prescribed by law, in the period that it may
penalties to be imposed upon the offender, in conformity herewith, deem applicable, according to the number and nature of such
shall in no case exceed 30 years. circumstances.

For the purpose of this article, a person shall be deemed to be 6. Whatever may be the number and nature of the aggravating
habitual delinquent, if within a period of ten years from the date of circumstances, the courts shall not impose a greater penalty than that
his release or last conviction of the crimes robo, hurto, estafa, or prescribed by law, in its maximum period.
falsificacion, he is found guilty of any of said crimes a third time or
oftener. 7. Within the limits of each period, the courts shall determine the
extent of the penalty according to the number and nature of the
ARTICLE 63. Rules for the Application of Indivisible Penalties. — In all aggravating and mitigating circumstances and the greater or lesser
cases in which the law prescribes a single indivisible penalty, it shall extent of the evil produced by the crime.
be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed. ARTICLE 65. Rule in Cases in Which the Penalty is Not Composed of
Three Periods. — In cases in which the penalty prescribed by law is
In all cases in which the law prescribes a penalty composed of two not composed of three periods, the courts shall apply the rules
indivisible penalties, the following rules shall be observed in the contained in the foregoing articles, dividing into three equal portions
application thereof: the time included in the penalty prescribed, and forming one period
of each of the three portions.
1. When in the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be applied. ARTICLE 66. Imposition of Fines. — In imposing fines the courts may
fix any amount within the limits established by law; in fixing the
2. When there are neither mitigating nor aggravating circumstances amount in each case attention shall be given, not only to the
in the commission of the deed, the lesser penalty shall be applied. mitigating and aggravating circumstances, but more particularly to
the wealth or means of the culprit.
3. When the commission of the act is attended by some mitigating
circumstance and there is no aggravating circumstance, the lesser ARTICLE 67. Penalty to Be Imposed When Not All the Requisites of
penalty shall be applied. Exemption of the Fourth Circumstance of Article 12 are Present.—
When all the conditions required in circumstance number 4 of article
12 of this Code to exempt from criminal liability are not present, the
4. When both mitigating and aggravating circumstances attended the
penalty of arresto mayor in its maximum period to prisión
commission of the act, the courts shall reasonably allow them to
correccional in its minimum period shall be imposed upon the culprit
offset one another in consideration of their number and importance,
if he shall have been guilty of a grave felony, and arresto mayor in its
for the purpose of applying the penalty in accordance with the
minimum and medium periods, if of a less grave felony.
preceding rules, according to the result of such compensation.

ARTICLE 68. Penalty to Be Imposed Upon a Person Under Eighteen

ARTICLE 64. Rules for the Application of Penalties Which Contain
Years of Age. — When the offender is a minor under eighteen years
Three Periods. — In cases in which the penalties prescribed by law
and his case is one coming under the provisions of the paragraph next
contain three periods, whether it be a single divisible penalty or
to the last of article 80 of this Code, the following rules shall be
composed of three different penalties, each one of which forms a
observed:
period in accordance with the provisions of articles 76 and 77, the
courts shall observe for the application of the penalty the following
rules, according to whether there are or are not mitigating or 1. Upon a person under fifteen but over nine years of age, who is not
aggravating circumstances: exempted from liability by reason of the court having declared that
he acted with discernment, a discretionary penalty shall be imposed,
but always lower by two degrees at least than that prescribed by law
1. When there are neither aggravating nor mitigating circumstances,
for the crime which he committed.
they shall impose the penalty prescribed by law in its medium period.

2. Upon a person over fifteen and under eighteen years of age the
2. When only a mitigating circumstance is present in the commission
penalty next lower than that prescribed by law shall be imposed, but
of the act, they shall impose the penalty in its minimum period.
always in the proper period.

3. When only an aggravating circumstance is present in the

ARTICLE 69. Penalty to Be Imposed When the Crime Committed is Not
commission of the act, they shall impose the penalty in its maximum
Wholly Excusable. — A penalty lower by one or two degrees than that
period.
prescribed by law shall be imposed if the deed is not wholly excusable
by reason of the lack of some of the conditions required to justify the
4. When both mitigating and aggravating circumstances are present, same or to exempt from criminal liability in the several cases
the court shall reasonably offset those of one class against the other mentioned in articles 11 and 12, provided that the majority of such
according to their relative weight. conditions be present. The courts shall impose the penalty in the
period which may be deemed proper, in view of the number and
5. When there are two or more mitigating circumstances and no nature of the conditions of exemption present or lacking.
aggravating circumstances are present, the court shall impose the
ARTICLE 70. Successive Service of Sentences; Exception. — When the increased or reduced, respectively, for each degree, by one-fourth of
culprit has to serve two or more penalties, he shall serve them the maximum amount prescribed by law, without, however, changing
simultaneously if the nature of the penalties will so permit; the minimum.
otherwise, said penalties shall be executed successively, following the
order of their respective severity, which shall be determined in The same rules shall be observed with regard to fines that do not
accordance with the following scale: consist of a fixed amount, but are made proportional.

1. Death. ARTICLE 76. Legal Period of Duration of Divisible Penalties. — The

legal period of duration of divisible penalties shall be considered as
2. Reclusión perpetua. divided into three parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in the following
3. Reclusión temporal. table:

4. Prisión mayor. TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE
TIME INCLUDED IN EACH OF THEIR PERIODS
Penalties Time Time Time Time
5. Prisión correccional.
included included included included
in the in its in its in its
6. Arresto mayor. penalty in minimum medium maximum
its period period
7. Arresto menor. entirety
Reclusion temporal From 12 From 12 From 14 From 17
A person sentenced to destierro who is also sentenced to the penalty years and years and years, 8 years, 4
of prisión or arresto shall be required to serve these latter penalties 1 day to 1 day to months months
before serving the penalty of destierro. 20 years. 14 years and 1 day and 1 day
and 8 to 17 to 20
ARTICLE 71. Fine. — The fine shall be considered as the last of all the months. years and years.
principal penalties listed in the preceding article. 4
months.
Prision mayor, absolute From 6 From 6 From 8 From 10
When a fine is so imposed, the duration of the subsidiary liability
disqualification and years and years and years and years and
corresponding thereto, by reason of the insolvency of the offender,
special temporary 1 day to 1 day to 8 1 day to 1 day to
shall not exceed that which is provided in rule 2 of article 39.
disqualification 12 years. years. 10 years. 12 years.
Prision From 6 From 6 From 2 From 4
ARTICLE 72. Preference in the Payment of the Civil Liabilities. — The correccional, suspension months months years, 4 years, 2
civil liabilities of a person found guilty of two or more offenses shall anddestierro and 1 day and 1 day months months
be satisfied by following the chronological order of the dates of the to 6 to 2 years and 1 day and 1 day
final judgments rendered against him, beginning with the first in years. and 4 to 4 years to 6
order of time. months. and 2 years.
months.
SECTION THREE Arresto mayor From 1 From 1 to From 2 From 4
month 2 months months
Provision Common to the Last Two Preceding Sections and 1 day months. and 1 day and 1 day
to to 4 to 6
ARTICLE 73. Presumption in Regard to the Imposition of Accessory months. months. months.
Penalties. — Whenever the courts shall impose a penalty which, by Arresto menor From 1 to From 1 to From 11 From 21
provision of law, carries with it other penalties, according to the 30 days. 10 days. to 20 to 30
provisions of articles 40, 41, 42, 43, 44, and 45 of this Code, it must be days. days.
understood that the accessory penalties are also imposed upon the
convict. ARTICLE 77. When the Penalty is a Complex One Composed of Three
Distinct Penalties. — In cases in which the law prescribes a penalty
ARTICLE 74. Penalty Higher Than Reclusión Perpetua in Certain Cases. composed of three distinct penalties, each one shall form a period;
— In cases in which the law prescribes a penalty higher than another the lightest of them shall be the minimum, the next the medium, and
given penalty, without specifically designating the name of the the most severe the maximum period.
former, if such higher penalty should be that of death, the same
penalty and the accessory penalties of article 40, shall be considered Whenever the penalty prescribed does not have one of the forms
as the next higher penalty. specially provided for in this book, the periods shall be distributed,
applying by analogy the prescribed rules.
ARTICLE 75. Increasing or Reducing the Penalty of Fine by One or
More Degrees. — Whenever it may be necessary to increase or CHAPTER FIVE
reduce the penalty of fine by one or more degrees, it shall be
 Execution and Service of Penalties The Public Welfare Commissioner or his duly authorized
representatives or agents, the superintendent of public schools or his
SECTION ONE representatives, or the person to whose custody or care the minor
has been committed, shall submit to the Court every two months or
as often as required, a written report on the good or bad conduct of
General Provisions
said minor and the moral and intellectual progress made by him.

ARTICLE 78. When and How a Penalty is to Be Executed. — No penalty

The suspension of the proceedings against a minor may be extended
shall be executed except by virtue of a final judgment.
or shortened by the court on the recommendation of the Public
Welfare Commissioner or his authorized representatives or agents, or
A penalty shall not be executed in any other form than that the superintendent of public schools or his representatives, according
prescribed by law, nor with any other circumstances or incidents than as to whether the conduct of such minor has been good or not and
those expressly authorized thereby. whether he has complied with the conditions imposed upon him. The
provisions of the first paragraph of this article shall not, however, be
In addition to the provisions of the law, the special regulations affected by those contained herein.
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the If the minor has been committed to the custody or care of any of the
character of the work to be performed, the time of its performance, institutions mentioned in the first paragraph of this article, with the
and other incidents connected therewith, the relations of the convicts approval of the Public Welfare Commissioner and subject to such
among themselves and other persons, the relief which they may conditions as this official in accordance with the law may deem
receive, and their diet. proper to impose, such minor may be allowed to stay elsewhere
under the care of a responsible person.
The regulations shall make provision for the separation of the sexes in
different institutions, or at least into different departments, and also If the minor has behaved properly and has complied with the
for the correction and reform of the convicts. conditions imposed upon him during his confinement, in accordance
with the provisions of this article, he shall be returned to the court in
ARTICLE 79. Suspension of the Execution and Service of the Penalties order that the same may order his final release.
in Case of Insanity. — When a convict shall become insane or an
imbecile after final sentence has been pronounced, the execution of In case the minor fails to behave properly or to comply with the
said sentence shall be suspended only with regard to the personal regulations of the institution to which he has been committed or with
penalty, the provisions of the second paragraph of circumstance the conditions imposed upon him when he was committed to the
number 1 of article 12 being observed in the corresponding cases. care of a responsible person, or in case he should be found
incorrigible or his continued stay in such institution should be
If at any time the convict shall recover his reason, his sentence shall inadvisable, he shall be returned to the court in order that the same
be executed, unless the penalty shall have prescribed in accordance may render the judgment corresponding to the crime committed by
with the provisions of this Code. him.

The respective provisions of this section shall also be observed if the The expenses for the maintenance of a minor delinquent confined in
insanity or imbecility occurs while the convict is serving his sentence. the institution to which he has been committed, shall be borne totally
or partially by his parents or relatives or those persons liable to
ARTICLE 80. Suspension of Sentence of Minor Delinquents. — support him, if they are able to do so, in the discretion of the court.
Whenever a minor under eighteen years of age, of either sex, be
accused of a crime, the court, after hearing the evidence in the SECTION TWO
proper proceedings, instead of pronouncing judgment, shall suspend
all further proceedings and shall commit such minor to the custody or Execution of Principal Penalties
care of a public or private, benevolent or charitable institution,
established under the law for the care, correction or education of
ARTICLE 81. When and How the Death Penalty is to Be Executed. —
orphaned, homeless, defective and delinquent children, or to the
The death sentence shall be executed with preference to any other
custody or care of any other responsible person in any other place
and shall consist in putting the person under sentence to death by
subject to visitation and supervision by the Public Welfare
electrocution. The death sentence shall be executed under the
Commissioner or any of his agents or representatives, if there be any,
authority of the Director of Prisons, endeavoring so far as possible to
or otherwise by the superintendent of public schools or his
mitigate the sufferings of the persons under sentence during
representatives, subject to such conditions as are prescribed
electrocution as well as during the proceedings prior to the execution.
hereinbelow, until such minor shall have reached his majority or for
such less period as the court may deem proper.
If the person under sentence so desires, he shall be anaesthetized at
the moment of the electrocution.
The court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of kin, in
order to avoid his commitment to any private institution not under ARTICLE 82. Notification and Execution of the Sentence and
the control and supervision of the religious sect or denomination to Assistance to the Culprit. — The court shall designate a working day
which they belong. for the execution, but not the hour thereof; and such designation
shall not be communicated to the offender before sunrise of said day,
and the execution shall not take place until after the expiration of at CHAPTER ONE
least eight hours following the notification, but before sunset. During
the interval between the notification and the execution, the culprit Extinction of Criminal Liability
shall, in so far as possible, be furnished such assistance as he may
request in order to be attended in his last moments by priests or
SECTION ONE
ministers of the religion he professes and to consult lawyers, as well
as in order to make a will and confer with members of his family or
persons in charge of the management of his business, of the Total Extinction of Criminal Liability
administration of his property, or of the care of his descendants.
ARTICLE 89. How Criminal Liability is Totally Extinguished. — Criminal
ARTICLE 83. Suspension of the Execution of the Death Sentence. — liability is totally extinguished:
The death sentence shall not be inflicted upon a woman within the
three years next following the date of the sentence or while she is 1. By the death of the convict, as to the personal penalties; and as to
pregnant, nor upon any person over seventy years of age. In this last pecuniary penalties, liability therefor is extinguished only when the
case, the death sentence shall be commuted to the penalty of death of the offender occurs before final judgment.
reclusión perpetua with the accessory penalty provided in article 40.
2. By service of the sentence.
ARTICLE 84. Place of Execution and Persons Who May Witness the
Same. — The execution shall take place in the penitentiary of Bilibid 3. By amnesty, which completely extinguishes the penalty and all its
in a space closed to the public view and shall be witnessed only by the effects.
priests assisting the offender and by his lawyers and by his relatives,
not exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the 4. By absolute pardon.
Director of Prisons may authorized.
5. By prescription of the crime.
ARTICLE 85. Provision Relative to the Corpse of the Person Executed
and Its Burial. — Unless claimed by his family, the corpse of the 6. By prescription of the penalty.
culprit shall, upon the completion of the legal proceedings
subsequent to the execution, be turned over to the institute of 7. By the marriage of the offended woman, as provided in article 344
learning or scientific research first applying for it, for the purpose of of this Code.
study and investigation, provided that such institute shall take charge
of the decent burial of the remains. Otherwise, the Director of Prisons
ARTICLE 90. Prescription of Crimes. — Crimes punishable by death,
shall order the burial of the body of the culprit at government
reclusión perpetua or reclusión temporal shall prescribe in twenty
expense, granting permission to be present thereat to the members
years.
of the family of the culprit and the friends of the latter. In no case
shall the burial of the body of a person sentenced to death be held
with pomp. Crimes punishable by other afflictive penalties shall prescribe in
fifteen years.
ARTICLE 86. Reclusión Perpetua, Reclusión Temporal, Prisión Mayor,
Prisión Correccional and Arresto Mayor. — The penalties of reclusión Those punishable by a correctional penalty shall prescribe in ten
perpetua, reclusión temporal, prisión mayor, prisión correccional, and years; with the exception of those punishable by arresto mayor,
arresto mayor, shall be executed and served in the places and penal which shall prescribe in five years.
establishments provided by the Administrative Code in force or which
may be provided by law in the future. The crime of libel or other similar offenses shall prescribe in two
years.
ARTICLE 87. Destierro. — Any person sentenced to destierro shall not
be permitted to enter the place or places designated in the sentence, The offenses of oral defamation and slander by deed shall prescribe
nor within the radius therein specified, which shall be not more than in six months.
250 and not less than 25 kilometers from the place designated.
Light offenses prescribe in two months.
ARTICLE 88. Arresto Menor. — The penalty of arresto menor shall be
served in the municipal jail, or in the house of the defendant himself When the penalty fixed by law is a compound one the highest penalty
under the surveillance of an officer of the law, when the court so shall be made the basis of the application of the rules contained in
provides in its decision, taking into consideration the health of the the first, second and third paragraphs of this article.
offender and other reasons which may seem satisfactory to it.
ARTICLE 91. Computation of Prescription of Offenses. — The period of
TITLE FOUR prescription shall commence to run from the day on which the crime
is discovered by the offended party, the authorities, or their agents,
Extinction of Criminal Liability and of Civil Liability Resulting from and shall be interrupted by the filing of the complaint or information,
Crime and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent 3. During the following years until the tenth year, inclusive, of his
from the Philippine Archipelago. imprisonment, he shall be allowed a deduction of ten days for each
month of good behavior; and
ARTICLE 92. When and How Penalties Prescribe. — The penalties
imposed by final sentence prescribe as follows: 4. During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of fifteen days for each month of good
1. Death and reclusión perpetua, in twenty years; behavior.

2. Other afflictive penalties, in fifteen years; ARTICLE 98. Special Time Allowance for Loyalty. — A deduction of
one-fifth of the period of his sentence shall be granted to any
prisoner who, having evaded the service of his sentence under the
3. Correctional penalties, in ten years; with the exception of the
circumstances mentioned in article 158 of this Code, gives himself up
penalty of arresto mayor, which prescribes in five years;
to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or
4. Light penalties, in one year. catastrophe referred to in said article.

ARTICLE 93. Computation of the Prescription of Penalties. — The ARTICLE 99. Who Grants Time Allowances. — Whenever lawfully
period of prescription of penalties shall commence to run from the justified the Director of Prisons shall grant allowances for good
date when the culprit should evade the service of his sentence, and it conduct. Such allowances once granted shall not be revoked.
shall be interrupted if the defendant should give himself up, be
captured, should go to some foreign country with which this
TITLE FIVE
Government has no extradition treaty, or should commit another
crime before the expiration of the period of prescription.
Civil Liability
SECTION TWO
CHAPTER ONE
Partial Extinction of Criminal Liability
Persons Civilly Liable for Felonies
ARTICLE 94. Partial Extinction of Criminal Liability. — Criminal liability
is extinguished partially: ARTICLE 100. Civil Liability of Person Guilty of Felony. — Every person
criminally liable for a felony is also civilly liable.
1. By conditional pardon;
ARTICLE 101. Rules Regarding Civil Liability in Certain Cases. — The
exemption from criminal liability established in subdivisions 1, 2, 3, 5,
2. By commutation of the sentence; and
and 6 of article 12 and in subdivision 4 of article 11 of this Code does
not include exemption from civil liability, which shall be enforced
3. For good conduct allowances which the culprit may earn while he is subject to the following rules:
serving his sentence.
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability
ARTICLE 95. Obligation Incurred by Person Granted Conditional for acts committed by an imbecile or insane person, and by a person
Pardon. — Any person who has been granted conditional pardon shall under nine years of age, or by one over nine but under fifteen years
incur the obligation of complying strictly with the conditions imposed of age, who has acted without discernment, shall devolve upon those
therein; otherwise, his non-compliance with any of the conditions having such person under their legal authority or control, unless it
specified shall result in the revocation of the pardon and the appears that there was no fault or negligence on their part.
provisions of article 159 shall be applied to him.
Should there be no person having such insane, imbecile or minor
ARTICLE 96. Effect of Commutation of Sentence. — The commutation under his authority, legal guardianship, or control, or if such person
of the original sentence for another of a different length and nature be insolvent, said insane, imbecile, or minor shall respond with their
shall have the legal effect of substituting the latter in the place of the own property, excepting property exempt from execution, in
former. accordance with the civil law.

ARTICLE 97. Allowance for Good Conduct. — The good conduct of any Second. In cases falling within subdivision 4 of article 11, the persons
prisoner in any penal institution shall entitle him to the following for whose benefit the harm has been prevented shall be civilly liable
deductions from the period of his sentence: in proportion to the benefit which they may have received.

1. During the first two years of his imprisonment, he shall be allowed The courts shall determine, in their sound discretion, the
a deduction of five days for each month of good behavior; proportionate amount for which each one shall be liable.

2. During the third to the fifth year, inclusive, of his imprisonment, he When the respective shares can not be equitably determined, even
shall be allowed a deduction of eight days for each month of good approximately, or when the liability also attaches to the Government,
behavior; or to the majority of the inhabitants of the town, and, in all events,
whenever the damage has been caused with the consent of the ARTICLE 106. Reparation — How Made. — The court shall determine
authorities or their agents, indemnification shall be made in the the amount of damage, taking into consideration the price of the
manner prescribed by special laws or regulations. thing, whenever possible, and its special sentimental value to the
injured party, and reparation shall be made accordingly.
Third. In cases falling within subdivisions 5 and 6 of article 12, the
persons using violence or causing the fears shall be primarily liable ARTICLE 107. Indemnification — What is Included. — Indemnification
and secondarily, or, if there be no such persons, those doing the act for consequential damages shall include not only those caused the
shall be liable, saving always to the latter that part of their property injured party, but also those suffered by his family or by a third
exempt from execution. person by reason of the crime.

ARTICLE 102. Subsidiary Civil Liability of Innkeepers, Tavernkeepers ARTICLE 108. Obligation to Make Restoration, Reparation for
and Proprietors of Establishments. — In default of the persons Damages, or Indemnification for Consequential Damages and Action
criminally liable, innkeepers, tavernkeepers, and any other persons or to Demand the Same — Upon Whom it Devolves. — The obligation to
corporations shall be civilly liable for crimes committed in their make restoration or reparation for damages and indemnification for
establishments, in all cases where a violation of municipal ordinances consequential damages devolves upon the heirs of the person liable.
or some general or special police regulation shall have been
committed by them or their employees. The action to demand restoration, reparation, and indemnification
likewise descends to the heirs of the person injured.
Innkeepers are also subsidiarily liable for the restitution of goods
taken by robbery or theft within their houses from guests lodging ARTICLE 109. Share of Each Person Civilly Liable. — If there are two or
therein, or for the payment of the value thereof, provided that such more persons civilly liable for a felony, the courts shall determine the
guests shall have notified in advance the innkeeper himself, or the amount for which each must respond.
person representing him, of the deposit of such goods within the inn;
and shall furthermore have followed the directions which such
ARTICLE 110. Several and Subsidiary Liability of Principals,
innkeeper or his representative may have given them with respect to
Accomplices, and Accessories of a Felony — Preference in Payment.
the care of and vigilance over such goods. No liability shall attach in
— Notwithstanding the provisions of the next preceding article, the
case of robbery with violence against or intimidation of persons
principals, accomplices, and accessories, each within their respective
unless committed by the innkeeper’s employees.
class, shall be liable severally (in solidum) among themselves for their
quotas, and subsidiarily for those of the other persons liable.
ARTICLE 103. Subsidiary Civil Liability of Other Persons. — The
subsidiary liability established in the next preceding article shall also
The subsidiary liability shall be enforced, first against the property of
apply to employers, teachers, persons, and corporations engaged in
the principals; next, against that of the accomplices, and, lastly,
any kind of industry for felonies committed by their servants, pupils,
against that of the accessories.
workmen, apprentices, or employees in the discharge of their duties.

Whenever the liability in solidum or the subsidiary liability has been

CHAPTER TWO
enforced, the person by whom payment has been made shall have a
right of action against the others for the amount of their respective
What Civil Liability Includes shares.

ARTICLE 104. What is Included in Civil Liability. — The civil liability ARTICLE 111. Obligation to Make Restitution in Certain Cases. — Any
established in articles 100, 101, 102, and 103, of this Code includes: person who has participated gratuitously in the proceeds of a felony
shall be bound to make restitution in an amount equivalent to the
1. Restitution; extent of such participation.

2. Reparation of the damage caused; CHAPTER THREE

3. Indemnification for consequential damages. Extinction and Survival of Civil Liability

ARTICLE 105. Restitution — How Made. — The restitution of the thing ARTICLE 112. Extinction of Civil Liability. — Civil liability established in
itself must be made whenever possible, with allowance for any articles 100, 101, 102, and 103 of this Code shall be extinguished in
deterioration or diminution of value as determined by the court. the same manner as other obligations, in accordance with the
provisions of the Civil Law.
The thing itself shall be restored, even though it be found in the
possession of a third person who has acquired it by lawful means, ARTICLE 113. Obligation to Satisfy Civil Liability. — Except in case of
saving to the latter his action against the proper person, who may be extinction of his civil liability as provided in the next preceding article,
liable to him. the offender shall continue to be obliged to satisfy the civil liability
resulting from the crime committed by him, notwithstanding the fact
This provision is not applicable in cases in which the thing has been that he has served his sentence consisting of deprivation of liberty or
acquired by the third person in the manner and under the other rights, or has not been required to serve the same by reason of
requirements which, by law, bar an action for its recovery. amnesty, pardon, commutation of sentence, or any other reason.
 BOOK TWO ARTICLE 118. Inciting to War or Giving Motives for Reprisals. — The
penalty of reclusión temporal shall be imposed upon any public
Crimes and Penalties officer or employee, and that of prisión mayor upon any private
individual, who, by unlawful or unauthorized acts provokes or gives
occasion for a war involving or liable to involve the Philippine Islands
TITLE ONE
or exposes Filipino citizens to reprisals on their persons or property.

Crimes Against National Security and the Law of Nations

ARTICLE 119. Violation of Neutrality. — The penalty of prisión
correccional shall be inflicted upon anyone who, on the occasion of a
CHAPTER ONE war in which the Government is not involved, violates any regulation
issued by competent authority for the purpose of enforcing
Crimes Against National Security neutrality.

SECTION ONE ARTICLE 120. Correspondence with Hostile Country. — Any person,
who in time of war, shall have correspondence with an enemy
Treason and Espionage country or territory occupied by enemy troops shall be punished:

ARTICLE 114. Treason. — Any person who, owing allegiance to the 1. By prisión correccional, if the correspondence has been prohibited
United States or the Government of the Philippine Islands, not even a by the Government;
foreigner, levies war against them or adheres to their enemies, giving
them aid or comfort within the Philippine Islands or elsewhere, shall 2. By prisión mayor, if such correspondence be carried on in ciphers
be punished by reclusión perpetua to death and shall pay a fine not to or conventional signs; and
exceed P20,000 pesos.
3. By reclusión temporal, if notice or information be given thereby
No person shall be convicted of treason unless on the testimony of which might be useful to the enemy. If the offender intended to aid
two witnesses at least to the same overt act or on confession of the the enemy by giving such notice or information, he shall suffer the
accused in open court. penalty of reclusión temporal to death.

ARTICLE 115. Conspiracy and Proposal to Commit Treason — Penalty. ARTICLE 121. Flight to Enemy’s Country. — The penalty of arresto
— The conspiracy or proposal to commit the crime of treason shall be mayor shall be inflicted upon any person who, owing allegiance to the
punished respectively, by prisión mayor and a fine not exceeding Government, attempts to flee or go to an enemy country when
P10,000 pesos, and prisión correccional and a fine not exceeding prohibited by competent authority.
P5,000 pesos.
SECTION THREE
ARTICLE 116. Misprision of Treason. — Every person owing allegiance
to the United States or the Government of the Philippine Islands, Piracy and Mutiny on the High Seas
without being a foreigner, and having knowledge of any conspiracy
against them, who conceals or does not disclose and make known the
ARTICLE 122. Piracy in General and Mutiny on the High Seas. — The
same, as soon as possible to the governor or fiscal of the province, or
penalty of reclusión perpetua shall be inflicted upon any person who,
the mayor or fiscal of the city in which he resides, as the case may be,
on the high seas, shall attack or seize a vessel or, not being a member
shall be punished as an accessory to the crime of treason.
of its complement nor a passenger, shall seize the whole or part of
the cargo of said vessel, its equipment or personal belongings of its
ARTICLE 117. Espionage. — The penalty of prisión correccional shall complement or passengers.
be inflicted upon any person who:
The same penalty shall be inflicted in case of mutiny on the high seas.
1. Without authority therefor, enter a warship, fort or naval or
military establishment or reservation to obtain any information,
ARTICLE 123. Qualified Piracy. — The penalty of reclusión temporal to
plans, photographs or other data of a confidential nature relative to
death shall be imposed upon those who commit any of the crimes
the defense of the Philippine Archipelago; or
referred to in the preceding article, under any of the following
circumstances:
2. Being in possession, by reason of the public office he holds, of the
articles, data or information referred to in the preceding paragraph,
1. Whenever they have seized a vessel by boarding or firing upon the
discloses their contents to a representative of a foreign nation.
same;

The penalty next higher in degree shall be imposed if the offender be

2. Whenever the pirates have abandoned their victims without means
a public officer or employee.
of saving themselves; or

SECTION TWO
3. Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape.
Provoking War and Disloyalty in Case of War
 TITLE TWO ARTICLE 128. Violation of Domicile. — The penalty of prisión
correccional in its minimum period shall be imposed upon any public
Crimes Against the Fundamental Laws of the State officer or employee who, not being authorized by judicial order, shall
enter any dwelling against the will of the owner thereof, search
papers or other effects found therein without the previous consent of
CHAPTER ONE
such owner, or, having surreptitiously entered said dwelling, and
being required to leave the premises, shall refuse to do so.
Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition,
Interruption, and Dissolution of Peaceful Meetings and Crimes
If the offense be committed in the night-time, or if any papers or
Against Religious Worship
effects not constituting evidence of a crime be not returned
immediately after the search made by the offender, the penalty shall
SECTION ONE be prisión correccional in its medium and maximum periods.

Arbitrary Detention and Expulsion ARTICLE 129. Search Warrants Maliciously Obtained and Abuse in the
Service of Those Legally Obtained. — In addition to the liability
ARTICLE 124. Arbitrary Detention. — Any public officer or employee attaching to the offender for the commission of any other offense,
who, without legal grounds, detains a person, shall suffer: the penalty of arresto mayor in its maximum period to prisión
correccional in its minimum period and a fine not exceeding 1,000
1. The penalty of arresto mayor in its maximum period to prisión pesos shall be imposed upon any public officer or employee who shall
correccional in its minimum period, if the detention has not exceeded procure a search warrant without just cause, or, having legally
three days; procured the same, shall exceed his authority or use unnecessary
severity in executing the same.

2. The penalty of prisión correccional in its medium and maximum

periods, if the detention has continued more than three but not more ARTICLE 130. Searching Domicile Without Witnesses. — The penalty
than fifteen days; of arresto mayor in its medium and maximum periods shall be
imposed upon a public officer or employee who, in cases where a
search is proper, shall search the domicile, papers or other belongings
3. The penalty of prisión mayor, if the detention has continued for of any person, in the absence of the latter, any member of his family,
more than fifteen days but not more than six months; and or in their default, without the presence of two witnesses residing in
the same locality.
4. That of reclusión temporal, if the detention shall have exceeded six
months. SECTION THREE

The commission of a crime, or violent insanity or any other ailment Prohibition, Interruption, and Dissolution of Peaceful Meetings
requiring the compulsory confinement of the patient in a hospital,
shall be considered legal grounds for the detention of any person.
ARTICLE 131. Prohibition, Interruption, and Dissolution of Peaceful
Meetings. — The penalty of prisión correccional in its minimum
ARTICLE 125. Delay in the Delivery of Detained Persons to the Proper period shall be imposed upon any public officer or employee who,
Judicial Authorities. — The penalties provided in the next preceding without legal ground, shall prohibit or interrupt the holding of a
article shall be imposed upon the public officer or employee who shall peaceful meeting, or shall dissolve the same.
detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of one
hour. The same penalty shall be imposed upon a public officer or employee
who shall hinder any person from joining any lawful association or
from attending any of its meetings.
ARTICLE 126. Delaying Release. — The penalties provided for in article
124 shall be imposed upon any public officer or employee who delays
for the period of time specified therein the performance of any The same penalty shall be imposed upon any public officer or
judicial or executive order for the release of a prisoner or detention employee who shall prohibit or hinder any person from addressing,
prisoner, or unduly delays the service of the notice of such order to either alone or together with others, any petition to the authorities
said prisoner or the proceedings upon any petition for the liberation for the correction of abuses or redress of grievances.
of such person.
SECTION FOUR
ARTICLE 127. Expulsion. — The penalty of prisión correccional shall be
imposed upon any public officer or employee who, not being Crimes Against Religious Worship
thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his ARTICLE 132. Interruption of Religious Worship. — The penalty of
residence. prisión correccional in its minimum period shall be imposed upon any
public officer or employee who shall prevent or disturb the
SECTION TWO ceremonies or manifestations of any religion.

Violation of Domicile
If the crime shall have been committed with violence or threats, the ARTICLE 138. Inciting to Rebellion or Insurrection. — The penalty of
penalty shall be prisión correccional in its medium and maximum prisión mayor in its minimum period shall be imposed upon any
periods. person who, without taking arms or being in open hostility against
the Government, shall incite others to the execution of any of the acts
ARTICLE 133. Offending the Religious Feelings. — The penalty of specified in article 134 of this Code, by means of speeches,
arresto mayor in its maximum period to prisión correccional in its proclamations, writings, emblems, banners or other representations
minimum period shall be imposed upon anyone who, in a place tending to the same end.
devoted to religious worship or during the celebration of any religious
ceremony shall perform acts notoriously offensive to the feelings of ARTICLE 139. Sedition — How Committed. — The crime of sedition is
the faithful. committed by persons who rise publicly and tumultuously in order to
attain by force any of the following objects:
TITLE THREE
1. To prevent the promulgation or execution of any law or the holding
Crimes Against Public Order of any popular election;

CHAPTER ONE 2. To prevent the Insular Government, or any provincial or municipal

government or any public officer thereof from freely exercising its or
his functions, or prevent the execution of any administrative order;
Rebellion, Sedition, and Disloyalty

3. To inflict any act of hate or revenge upon the person or property of

ARTICLE 134. Rebellion or Insurrection. — How Committed. — The
any public officer or employee;
crime of rebellion or insurrection is committed by rising publicly and
taking arms against the Government for the purpose of removing
from the allegiance to said Government or its laws, the territory of 4. To commit, for any political or social end, any act of hate or
the Philippine Islands or any part thereof of any body of land, naval or revenge against private persons or any social class; and
other armed forces, or of depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives. 5. To despoil, for any political or social end, any person, municipality
or province, or the Insular Government or the Government of the
ARTICLE 135. Penalty for Rebellion or Insurrection. — Any person who United States, of all its property or any part thereof.
promotes, maintains, or heads a rebellion or insurrection, or who,
while holding any public office or employment takes part therein, ARTICLE 140. Penalty for Sedition. — The leader of a sedition shall
engaging in war against the forces of the Government, destroying suffer the penalty of prisión mayor in its minimum period and a fine
property or committing serious violence, exacting contributions or not exceeding 10,000 pesos.
diverting public funds from the lawful purpose for which they have
been appropriated, shall suffer the penalty of prisión mayor and a Other persons participating therein shall suffer the penalty of prisión
fine not to exceed 20,000 pesos. correccional in its maximum period and a fine not exceeding 5,000
pesos.
Any person merely participating or executing the commands of others
in a rebellion shall suffer the penalty of prisión mayor in its minimum ARTICLE 141. Conspiracy to Commit Sedition. — Persons conspiring to
period. commit the crime of sedition shall be punished by prision correccional
in its medium period and a fine not exceeding 2,000 pesos.
When the rebellion or insurrection shall be under the command of
unknown leaders, any person who in fact directed the others, spoke ARTICLE 142. Inciting to Sedition. — The penalty of prisión
for them, signed receipts and other documents issued in their name, correccional in its maximum period and a fine not exceeding 2,000
as performed similar acts, on behalf of the rebels shall be deemed the pesos shall be imposed upon any person who, without taking any
leader of such rebellion. direct part in the crime of sedition, should incite others to the
accomplishment of any of the acts which constitute sedition, by
ARTICLE 136. Conspiracy and Proposal to Commit Rebellion or means of speeches, proclamations, writings, emblems, cartoons,
Insurrection. — The conspiracy and proposal to commit rebellion or banners, or other representations tending to the same end.
insurrection shall be punished, respectively, by prisión correccional in
its maximum period and a fine which shall not exceed 5,000 pesos, CHAPTER TWO
and by prisión correccional in its medium period and a fine not
exceeding 2,000 pesos.
Crimes Against Popular Representation

ARTICLE 137. Disloyalty of Public Officers or Employees. — The

SECTION ONE
penalty of prisión correccional in its minimum period shall be
imposed upon public officers or employees who have failed to resist a
rebellion by all the means in their power, or shall continue to Crimes Against Legislative Bodies and Similar Bodies
discharge the duties of their offices under the control of the rebels or
shall accept appointment to office under them. ARTICLE 143. Acts Tending to Prevent the Meeting of the Legislature
and Similar Bodies. — The penalty of prisión correccional or a fine
ranging from 200 to 2,000 pesos, or both, shall be imposed upon any
person who by force or fraud prevents the meeting of either of the when the assault is committed with a weapon or when the offender is
House of the Legislature or of any provincial board or municipal a public officer or employee, or when the offender lays hands upon a
council. person in authority. If none of these circumstances be present, the
penalty of prisión correccional in its minimum period and a fine not
ARTICLE 144. Disturbance of Proceedings. — The penalty of arresto exceeding 500 pesos shall be imposed.
mayor or a fine ranging from 200 to 1,000 pesos shall be imposed
upon any person who disturbs the meetings of either of the House of ARTICLE 149. Indirect Assaults. — The penalty of prisión correccional
the Legislature or of any provincial board or city or municipal council, in its minimum and medium periods and a fine not exceeding 500
or in the presence of any such bodies should behave in such manner pesos shall be imposed upon any person who shall make use of force
as to interrupt its proceedings or to impair the respect due to it. or intimidation upon any person coming to the aid of the authorities
or their agents on occasion of the commission of any of the crimes
SECTION TWO defined in the next preceding article.

Violation of Parliamentary Immunity ARTICLE 150. Disobedience to Summons Issued by a Legislative Body
or Committee, and Refusal to Testify Before Same. — The penalty of
arresto mayor or a fine ranging from 200 to 1,000 pesos, or both such
ARTICLE 145. Violation of Parliamentary Immunity. — The penalty of
fine and imprisonment, shall be imposed upon any person who,
prisión mayor shall be imposed upon any person who shall use force,
having been duly summoned to attend as a witness before either
intimidation, threats, or fraud to prevent any member of either House
House of the legislature, or before any committee thereof, refuses,
of the Legislature from attending the meetings thereof, from
without legal excuse, to obey such summons, or being present before
expressing his opinions or casting his vote; and the penalty of prisión
any such body or committee, refuses to be sworn or placed under
correccional shall be imposed upon any public officer or employee
affirmation or to answer any legal inquiry or to produce any books,
who shall, while the Legislature is in session, knowingly arrest or
papers, documents, or records in his possession, when required by
search any member thereof, except in case such member has
them to do so in the exercise of their functions.
committed a crime punishable under this Code by a penalty higher
than prisión mayor.
ARTICLE 151. Resistance and Disobedience to a Person in Authority or
the Agents of Such Person. — The penalty of arresto mayor and a fine
CHAPTER THREE
not exceeding 500 pesos shall be imposed upon any person who not
being included in the provisions of the preceding articles shall resist
Illegal Assemblies and Associations or seriously disobey any person in authority, or the agents of such
person, while engaged in the performance of official duties.
ARTICLE 146. Illegal Assemblies. — The penalty of prisión correccional
in its minimum and medium periods and a fine not exceeding 1,000 When the disobedience to an agent of a person in authority is not of a
pesos shall be imposed upon the organizers or leaders of any meeting serious nature, the penalty of arresto menor or a fine ranging from 10
attended by armed persons for the purpose of committing any of the to 100 pesos shall be imposed upon the offender.
crimes punishable under this Code, or of any meeting in which the
audience is incited to the commission of the crime of treason,
ARTICLE 152. Persons in Authority — Who Shall Be Deemed as Such.
rebellion or insurrection, sedition, or assault upon a person in
— In applying the provisions of the preceding and other articles of
authority or his agents. Persons merely present at such meeting shall
this Code, any person directly vested with jurisdiction, whether as an
suffer the penalty of arresto mayor.
individual or as a member of some court or governmental
corporation, board or commission, shall be deemed a person in
ARTICLE 147. Illegal Associations. — The penalty of prisión authority.
correccional in its minimum and medium periods and a fine not
exceeding 1,000 pesos shall be imposed upon the founders, directors,
CHAPTER FIVE
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 Public Disorders
associations shall suffer the penalty of arresto mayor.
ARTICLE 153. Tumults and Other Disturbances of Public Orders —
CHAPTER FOUR 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 1,000
Assault Upon, and Resistance and Disobedience to Persons in
pesos shall be imposed upon any person who shall cause any serious
Authority and Their Agents
disturbance in a public place, office, or establishment, or shall
interrupt or disturb public performances, functions or gatherings, or
ARTICLE 148. Direct Assaults. — Any person or persons who, without peaceful meetings, if the act is not included in the provisions of
a public uprising, shall employ force or intimidation for the articles 131 and 132.
attainment of any of the purposes enumerated in defining the crimes
of rebellion and sedition, or shall attack, employ force or seriously
The penalty next higher in degree shall be imposed upon persons
intimidate or resist any person in authority or any of his agents, while
causing any disturbance or interruption of a tumultuous character.
engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prisión correccional in its
medium and maximum periods and a fine not exceeding 1,000 pesos,
The disturbance or interruption shall be deemed to be tumultuous if If the escape of the prisoner shall take place outside of said
caused by more than three persons who are armed or provided with establishments by taking the guards by surprise, the same penalties
means of violence. shall be imposed in their minimum period.

The penalty of arresto mayor shall be imposed upon any person who CHAPTER SIX
in any meeting, association, or public place, shall make any outcry
tending to incite rebellion or sedition or in such place shall display Evasion of Service of Sentence
placards or emblems which provoke a disturbance of the public order.
ARTICLE 157. Evasion of Service of Sentence. — The penalty of prisión
The penalty of arresto menor and a fine not to exceed 200 pesos shall correccional in its medium and maximum periods shall be imposed
be imposed upon those persons who in violation of the provisions upon any convict who shall evade service of his sentence by escaping
contained in the last clause of article 85 shall bury with pomp the during the term of his imprisonment by reason of final judgment.
body of a person who has been legally executed. However, if such evasion or escape shall have taken place by means
of unlawful entry, by breaking doors, windows, grates, walls, roofs, or
ARTICLE 154. Unlawful Use of Means of Publication. — The penalty of floors, or by using picklocks, false keys, disguise, deceit, violence or
arresto mayor or a fine ranging from 200 to 1,000 pesos shall be intimidation, or through connivance with other convicts or employees
imposed upon: of the penal institution, the penalty shall be prisión correccional in its
maximum period.
1. Any person who by means of printing, lithography, or any other
means of publication, shall maliciously publish as news any false news ARTICLE 158. Evasion of Service of Sentence on the Occasion of
which may endanger the public order or cause damage to the interest Disorders, Conflagrations, Earthquakes, or Other Calamities. — A
or credit of the State; convict who shall evade the service of his sentence, by leaving the
penal institution where he shall have been confined, on the occasion
2. Any person who by the same means, shall encourage disobedience of disorder resulting from a conflagration, earthquake, explosion, or
to the law or to the constituted authorities or praise, justify or extol similar catastrophe, or during a mutiny in which he has not
any act punished by law; participated, shall suffer an increase of one-fifth of the time still
remaining to be served under the original sentence, which in no case
shall exceed six months, if he shall fail to give himself up to the
3. Any person who shall maliciously publish any official resolution or
authorities within forty-eight hours following the issuance of a
document without proper authority, or before they have been
proclamation by the Chief Executive announcing the passing away of
published officially; or
such calamity.

4. Any person who shall print or publish books, pamphlets,

Convicts who, under the circumstances mentioned in the preceding
periodicals, or leaflets which do not bear the real printer’s name.
paragraph, shall give themselves up to the authorities within the
above mentioned period of 48 hours, shall be entitled to the
ARTICLE 155. Alarms and Scandals. — The penalty of arresto menor or deduction provided in article 98.
fine not exceeding 200 pesos shall be imposed upon:
ARTICLE 159. Other Cases of Evasion of Service of Sentence. — The
1. Any person who within any town or public place, shall discharge penalty of prisión correccional in its minimum period shall be
any firearm, rocket, firecracker, or other explosives calculated to imposed upon the convict who, having been granted conditional
cause alarm or danger; pardon by the Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the granting of such
2. Any person who shall instigate or take an active part in any pardon be higher than six years, the convict shall then suffer the
charivari or other disorderly meeting offensive to another or unexpired portion of his original sentence.
prejudicial to public tranquility;
CHAPTER SEVEN
3. Any person who, while wandering about at night or while engaged
in any other nocturnal amusements, shall disturb the public peace; or Commission of Another Crime During Service of Penalty Imposed for
Another Previous Offense
4. Any person who, while intoxicated or otherwise, shall cause any
disturbance or scandal in public places, provided that the ARTICLE 160. Commission of Another Crime During Service of Penalty
circumstances of the case shall not make the provisions of article 153 Imposed for Another Previous Offense — Penalty. — Besides the
applicable. provisions of rule 5 of article 62, any person who shall commit a
felony after having been convicted by final judgment, before
ARTICLE 156. Delivery of Prisoners from Jail. — The penalty of arresto beginning to serve such sentence, or while serving the same, shall be
mayor in its maximum period to prisión correccional in its minimum punished by the maximum period of the penalty prescribed by law for
period shall be imposed upon any person who shall remove from any the new felony.
jail or penal establishment any person confined therein or shall help
the escape of such person, by means of violence, intimidation, or Any convict of the class referred to in this article, who is not a
bribery. If other means are used the penalty of arresto mayor shall be habitual criminal, shall be pardoned at the age of seventy years if he
imposed. shall have already served out his original sentence, or when he shall
complete it after reaching said age, unless by reason of his conduct or shall suffer a penalty lower by one degree than that prescribed in said
other circumstances he shall not be worthy of such clemency. articles.

TITLE FOUR SECTION THREE

Crimes Against Public Interest Forging Treasury or Bank Notes, Obligations and Securities; Importing
and Uttering False or Forged Notes, Obligations and Securities
CHAPTER ONE
ARTICLE 166. Forging Treasury or Bank Notes or Other Documents
Forgeries 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
SECTION ONE
to bearer and the importation and uttering in connivance with forgers
or importers of such false or forged obligations or notes, shall be
Forging the Seal of the Government of the Philippine Islands, the punished as follows:
Signature or Stamp of the Chief Executive
1. By reclusión temporal in its minimum period and a fine not to
ARTICLE 161. Counterfeiting the Great Seal of the Government of the exceed 10,000 pesos, if the document which has been falsified,
Philippine Islands, Forging the Signature or Stamp of the Chief counterfeited, or altered is an obligation or security of the United
Executive. — The penalty of reclusión temporal shall be imposed States or of the Philippine Islands.
upon any person who shall forge the Great Seal of the Government of
the Philippine Islands or the signature or stamp of the Chief
The word “obligation or security of the United States or of the
Executive.
Philippine Islands” shall be held to mean all bonds, certificates of
indebtedness, national bank notes, coupons, United States or
ARTICLE 162. Using Forged Signature or Counterfeit Seal or Stamp. — Philippine Islands notes, treasury notes, fractional notes, certificates
The penalty of prisión mayor shall be imposed upon any person who of deposit, bills, checks, or drafts for money, drawn by or upon
shall knowingly make use of the counterfeit seal or forged signature authorized officers of the United States or of the Philippine Islands,
or stamp mentioned in the preceding article. and other representatives of value, of whatever denomination, which
have been or may be issued under any act of the Congress of the
SECTION TWO United States or of the Philippine Legislature.

Counterfeiting Coins 2. By prisión mayor in its maximum period and a fine not to exceed
5,000 pesos, if the falsified or altered document is a circulating note
ARTICLE 163. Making and Importing and Uttering False Coins. — Any issued by any banking association duly authorized by law to issue the
person who makes, imports, or utters false coins, in connivance with same.
counterfeiters or importers, shall suffer:
3. By prisión mayor in its medium period and a fine not to exceed
1. Prisión mayor in its minimum and medium periods and a fine not to 5,000 pesos, if the falsified or counterfeited document was issued by
exceed 10,000 pesos, if the counterfeited coin be gold or silver coin of a foreign government.
the United States or of the Philippine Islands.
4. By prisión mayor in its minimum period and a fine not to exceed
2. Prisión correccional in its minimum and medium periods and a fine 2,000 pesos, when the forged or altered document is a circulating
of not to exceed 2,000 pesos, if the counterfeited coin be any of the note or bill issued by a foreign bank duly authorized therefor.
minor coinage of the United States or of the Philippine Islands.
ARTICLE 167. Counterfeiting, Importing and Uttering Instruments
3. Prisión correccional in its minimum period and a fine not to exceed Payable to Bearer. — Any person who shall forge, import or utter, in
1,000 pesos, if the counterfeited coin be currency of a foreign connivance with the forgers or importers, any instrument payable to
country. 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 6,000 pesos.
ARTICLE 164. Mutilation of Coins — Importation and Utterance of
Mutilated Coins. — The penalty of prisión correccional in its minimum
period and a fine not to exceed 2,000 pesos shall be imposed upon ARTICLE 168. Illegal Possession and Use of False Treasury or Bank
any person who shall mutilate coins of the legal currency of the Notes and Other Instruments of Credit. — Unless the act be one of
United States or of the Philippine Islands or import or utter mutilated those coming under the provisions of any of the preceding articles,
current coins, or in connivance with mutilators or importers. any person who shall knowingly use or have in his possession, with
intent to use any of the false or falsified instruments referred to in
this section, shall suffer the penalty next lower in degree than that
ARTICLE 165. Selling of False or Mutilated Coin, Without Connivance. prescribed in said articles.
— Any person who knowingly, although without the connivance
mentioned in the preceding articles, shall possess false or mutilated
coin with intent to utter the same, or shall actually utter such coin, ARTICLE 169. How Forgery is Committed. — The forgery referred to in
this section may be committed by any of the following means:
1. By giving to a treasury or bank note or any instrument payable to 1. Any private individual who shall commit any of the falsifications
bearer or to order mentioned therein, the appearance of a true enumerated in the next preceding article in any public or official
genuine document. document or letter of exchange or any other kind of commercial
document; and
2. By erasing, substituting, counterfeiting or altering by any means
the figures, letters, words or signs contained therein. 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
SECTION FOUR the acts of falsification enumerated in the next preceding article.

Falsification of Legislative, Public, Commercial, and Private Any person who shall knowingly introduce in evidence in any judicial
Documents, and Wireless, Telegraph, and Telephone Messages 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
ARTICLE 170. Falsification of Legislative Documents. — The penalty of
this article, shall be punished by the penalty next lower in degree.
prisión correccional in its maximum period and a fine not exceeding
6,000 pesos shall be imposed upon any person who, without proper
authority therefor alters any bill, resolution, or ordinance enacted or ARTICLE 173. Falsification of Wireless, Cable, Telegraph and
approved or pending approval by either House of the Legislature or Telephone Messages, and Use of Said Falsified Messages. — The
any provincial board or municipal council. penalty of prision correccional in its medium and maximum periods
shall be imposed upon officer or employee of the Government or of
any private corporation or concern engaged in the service of sending
ARTICLE 171. Falsification by Public Officer, Employee or Notary or
or receiving wireless, cable or telephone message who utters a
Ecclesiastic Minister. — The penalty of prisión mayor and a fine not to
fictitious wireless, telegraph or telephone message of any system or
exceed 5,000 pesos shall be imposed upon any public officer,
falsifies the same.
employee, or notary who, taking advantage of his official position,
shall falsify a document by committing any of the following acts:
Any person who shall use such falsified dispatch to the prejudice of a
third party or with the intent of cause such prejudice, shall suffer the
1. Counterfeiting or imitating any handwriting, signature or rubric;
penalty next lower in degree.

2. Causing it to appear that persons have participated in any act or

SECTION FIVE
proceeding when they did not in fact so participate;

Falsification of Medical Certificates, Certificates of Merit or Service

3. Attributing to persons who have participated in an act or
and the Like
proceeding statements other than those in fact made by them;

ARTICLE 174. False Medical Certificates, False Certificates of Merit or

4. Making untruthful statements in a narration of facts;
Service, etc. — The penalties of arresto mayor in its maximum period
to prision correccional in its minimum period and a fine not to exceed
5. Altering true dates; 1,000 pesos shall be imposed upon:

6. Making any alteration or intercalation in a genuine document 1. Any physician or surgeon who, in connection with the practice of
which changes its meaning; his profession, shall issue a false certificate; and

7. Issuing in authenticated form a document purporting to be a copy 2. Any public officer who shall issue a false certificate of merit or
of an original document when no such original exists, or including in service, good conduct or similar circumstances.
such copy a statement contrary to, or different from, that of the
genuine original; or
The penalty of arresto mayor shall be imposed upon any private
person who shall falsify a certificate falling within the classes
8. Intercalating any instrument or note relative to the issuance mentioned in the two preceding subdivisions.
thereof in a protocol, registry, or official book.
ARTICLE 175. Using False Certificates. — The penalty of arresto menor
The same penalty shall be imposed upon any ecclesiastical minister shall be imposed upon any one who shall knowingly use any of the
who shall commit any of the offenses enumerated in the preceding false certificates mentioned in the next preceding article.
paragraphs of this article, with respect to any record or document of
such character that its falsification may affect the civil status of
SECTION SIX
persons.

Manufacturing, Importing and Possession of Instruments or

ARTICLE 172. Falsification by Private Individuals and Use of Falsified
Implements Intended for the Commission of Falsification
Documents. — The penalty of prisión correccional in its medium and
maximum periods and a fine of not more than 5,000 pesos shall be
imposed upon: ARTICLE 176. Manufacturing and Possession of Instruments or
Implements for Falsification. — The penalty of prisión correccional in
its medium and maximum periods and a fine not to exceed 10,000
pesos shall be imposed upon any person who shall make or introduce 4. The penalty of arresto mayor, if the defendant shall have been
into the Philippine Islands any stamps, dies, marks, or other sentenced to a correctional penalty or a fine, or shall have been
instruments or implements intended to be used in the commission of acquitted.
the offenses of counterfeiting or falsification mentioned in the
preceding sections of this chapter. In cases provided in subdivisions 3 and 4 of this article the offender
shall further suffer a fine not to exceed 1,000 pesos.
Any person who, with the intention of using them, shall have in his
possession any of the instruments or implements mentioned in the ARTICLE 181. False Testimony Favorable to the Defendant. — Any
preceding paragraph, shall suffer the penalty next lower in degree person who shall give false testimony in favor of the defendant in a
than that provided therein. criminal case, shall suffer the penalties of arresto mayor in its
maximum period to prisión correccional in its minimum period and a
CHAPTER TWO fine not to exceed 1,000 pesos, if the prosecution is for a felony
punishable by an afflictive penalty, and the penalty of arresto mayor
Other Falsities in any other case.

SECTION ONE ARTICLE 182. False Testimony in Civil Cases. — Any person found
guilty of false testimony in a civil case shall suffer the penalty of
prisión correccional in its minimum period and a fine not to exceed
Usurpation of Authority, Rank, Title, and Improper Use of Names,
6,000 pesos, if the amount in controversy shall exceed 5,000 pesos,
Uniforms and Insignia
and the penalty of arresto mayor in its maximum period to prisión
correccional in its minimum period and a fine not to exceed 1,000
ARTICLE 177. Usurpation of Official Functions. — Any person who, pesos, if the amount in controversy shall not exceed said amount or
under pretense of official position, shall perform any act pertaining to cannot be estimated.
any person in authority or public officer, without being lawfully
entitled to do so, shall suffer the penalty of prision correccional in its
ARTICLE 183. False Testimony in Other Cases and Perjury in Solemn
minimum and medium periods.
Affirmation. — The penalty of arresto mayor in its maximum period
to prisión correccional in its minimum period shall be imposed upon
ARTICLE 178. Using Fictitious Name and Concealing True Name. — any person who, knowingly making untruthful statements and not
The penalty of arresto mayor and a fine not to exceed 500 pesos shall being included in the provisions of the next preceding articles, shall
be imposed upon any person who shall publicly use a fictitious name testify under oath, or make an affidavit, upon any material matter
for the purpose of concealing a crime, evading the execution of a before a competent person authorized to administer an oath in cases
judgment or causing damage. in which the law so requires.

Any person who conceals his true name and other personal Any person who, in case of a solemn affirmation made in lieu of an
circumstances shall be punished by arresto menor or a fine not to oath, shall commit any of the falsehoods mentioned in this and the
exceed 200 pesos. three preceding articles of this section, shall suffer the respective
penalties provided therein.
ARTICLE 179. Illegal Use of Uniforms or Insignia. — The penalty of
arresto mayor shall be imposed upon any person who shall publicly ARTICLE 184. Offering False Testimony in Evidence. — Any person
and improperly make use of insignia, uniforms or dress pertaining to who shall knowingly offer in evidence a false witness or testimony in
an office not held by such person or to a class of persons of which he any judicial or official proceeding, shall be punished as guilty of false
is not a member. testimony and shall suffer the respective penalties provided in this
section.
SECTION TWO
CHAPTER THREE
False Testimony
Frauds
ARTICLE 180. False Testimony Against a Defendant. — Any person
who shall give false testimony against the defendant in any criminal SECTION ONE
case shall suffer:
Machinations, Monopolies, and Combinations
1. The penalty of reclusión temporal, if the defendant in said case
shall have been sentenced to death;
ARTICLE 185. Machinations in Public Auctions. — Any person who
shall solicit any gift or a promise as a consideration for refraining from
2. The penalty of prisión mayor, if the defendant shall have been taking part in any public auction, and any person who shall attempt to
sentenced to reclusión temporal or perpetua; cause bidders to stay away from an auction by threats, gifts,
promises, or any other artifice, with intent to cause the reduction of
3. The penalty of prisión correccional, if the defendant shall have the price of the thing auctioned, shall suffer the penalty of prisión
been sentenced to any other afflictive penalty; and correccional in its minimum period and a fine ranging from 10 to 50
per centum of the value of the thing auctioned.
ARTICLE 186. Monopolies and Combinations in Restraint of Trade. — case of watch cases and flatware made of gold, the actual fineness of
The penalty of prision correccional in its minimum period or a fine such gold shall not be less by more than three one-thousandth than
ranging from 200 to 6,000 pesos, or both, shall be imposed upon: the fineness indicated by said stamp, brand, label, or mark.

1. Any person who shall enter into any contract or agreement or shall ARTICLE 188. Substituting and Altering Trade-marks and Trade-
take part in any conspiracy or combination in the form of a trust or names. — The penalty of prisión correccional in its minimum period
otherwise, in restraint of trade or commerce or to prevent by artificial or a fine ranging from 200 to 1,000 pesos or both, shall be imposed
means free competition in the market; upon:

2. Any person who shall monopolize any merchandise or object of 1. Any person who shall substitute the name or mark of some other
trade or commerce, or shall combine with any other person or manufacturer for the name or mark of the real manufacturer upon
persons to monopolize said merchandise or object in order to alter any article of commerce and shall sell the same;
the price thereof by spreading false rumors or making use of any
other artifice to restrain free competition in the market; 2. Any person who shall sell such articles of commerce or offer the
same for sale, knowing that the trade-mark has been fraudulently
3. Any person who, being an importer of any merchandise or object used in such goods as described in the preceding subdivision; or
of commerce from any foreign country or from the United States,
shall combine in any manner with other persons for the purpose of 3. Any person who, knowing the purposes for which the trade-mark
making transactions prejudicial to lawful commerce, or of increasing or trade-name of a person is to be used, prints, lithographs, or in any
the market price in any part of the Philippine Islands of any article or way reproduces such trade-mark or trade-name, or a colorable
articles imported or intended to be imported into said Islands, or of imitation thereof, for another person, to enable that other person to
any article in the manufacture of which an imported article is used. fraudulently use such trade-mark or trade-name on his own goods.

If the offense mentioned in this article affects any food substance or A trade-name or trade-mark is a word or words, name, emblem, sign,
other article of prime necessity, the penalty shall be that of prisión or device used as an advertisement, sign, label, poster or otherwise,
correccional in its medium and maximum periods, it being sufficient for the purpose of enabling the public to distinguish the business of
for the imposition thereof that the initial steps have been taken the person who owns and uses said trade-name or trade-mark.
toward carrying out the purposes of the combination.
ARTICLE 189. Unfair Competition and Fraudulent Registration of
Any property possessed under any contract or by any combination Trade-mark or Trade-name. — The penalty provided in the next
mentioned in the preceding paragraphs, and being the subject preceding article shall be imposed upon any person who, in unfair
thereof, shall be forfeited to the Government of the Philippine competition and for the purpose of deceiving or defrauding another
Islands. of his legitimate trade or the public in general, shall sell his goods
giving them the general appearance of goods of another
Whenever any of the offenses described above is committed by a manufacturer or dealer, either in the wrapping of the packages in
corporation or association, the president and each one of the which they are contained, or the device or words thereon, or in any
directors or managers of said corporation or association, or its agents other feature of their appearance which would be likely to induce the
or representative in the Philippine Islands, in case of a foreign public to believe that the goods offered are those of a manufacturer
corporation or association, who shall have knowingly permitted or or dealer other than the actual manufacturer or dealer, or shall give
failed to prevent the commission of such offenses, shall be held liable other persons a chance or opportunity to do the same with a like
as principals thereof. purpose.

SECTION TWO The penalty of prisión correccional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, shall be imposed upon any
Frauds in Commerce and Industry person who, by means of false or fraudulent representations or
declarations, orally or in writing, or by other fraudulent means shall
procure from the Office of Patents, Copyrights, and trade-marks the
ARTICLE 187. Importation and Disposition of Falsely Marked Articles
registry of a trade-mark, or of himself as the owner of a trade-mark or
or Merchandise Made of Gold, Silver, or Other Precious Metals or
trade-name, or an entry respecting a trade-mark or trade-name.
Their Alloys. — The penalty of prisión correccional or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon any person
who shall knowingly import or sell or dispose of any article or TITLE FIVE
merchandise made of gold, silver, or other precious metals, or their
alloys, with stamps, brands, or marks, which fail to indicate the actual Crimes Relative to Opium and Other Prohibited Drugs
fineness or quality of said metals or alloys.
ARTICLE 190. Possession, Preparation and Use of Prohibited Drugs,
Any stamp, brand, label, or mark shall be deemed to fail to indicate and Maintenance of Opium Dens. — The penalty of arresto mayor in
the actual fineness of the article on which it is engraved, printed, its medium period to prisión correccional in its minimum period and a
stamped, labeled or attached, when the test of the article shows that fine ranging from 300 to 1,000 pesos shall be imposed upon:
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 1. Anyone who, unless lawfully authorized shall possess, prepare,
silver, than what is shown by said stamp, brand, label, or mark. But in administer, or otherwise use any prohibited drug.
“Prohibited drug,” as used herein, includes opium, cocaine, alpha and ARTICLE 195. What Acts are Punishable in Gambling. — The penalty of
beta eucaine, their derivatives, and all preparations made from them arresto menor or a fine not exceeding 200 pesos, and, in case of
or any of them. recidivism, the penalty of arresto mayor or a fine ranging from 200 to
6,000 pesos, shall be imposed upon:
“Opium” embraces every kind, class, and character of opium, whether
crude or prepared; the ashes or refuse of the same; narcotic 1. Any person who, in any manner, shall directly or indirectly take
preparations thereof or therefrom; morphine or alkaloid of opium; part in any game of monte, jueteng or any other form of lottery,
preparation in which opium, morphine or alkaloid of opium, enter as policy, banking or percentage game, dog races or any other game or
an ingredient, and also opium leaves or wrappings of opium leaves, scheme the result of which depends wholly or chiefly upon chance or
whether prepared or not, for their use. hazard; or wherein wagers consisting of money, articles of value or
representative of value are made; or in the exploitation or use of any
2. Anyone who shall maintain a dive or resort where any prohibited other mechanical invention or contrivance to determine by chance
drug is used in any form, in violation of the law. the loser or winner of money or any object or representative of value.

ARTICLE 191. Keeper, Watchman and Visitor of Opium Den. — The 2. Any person who shall knowingly permit any form of gambling
penalty of arresto mayor and a fine ranging from 100 to 300 pesos referred to in the preceding subdivision to be carried on in any
shall be imposed upon: inhabited or uninhabited place or any building, vessel or other means
of transportation owned or controlled by him. If the place where
gambling is carried on has the reputation of a gambling place or that
1. Anyone who shall act as a keeper or watchman of a dive or resort
prohibited gambling is frequently carried on therein, the culprit shall
where any prohibited drug is used in any manner contrary to law; and
be punished by the penalty provided for in this article in its maximum
period.
2. Any person who, not being included in the provisions of the next
preceding article, shall knowingly visit any dive or resort of the
3. Any person who shall, knowingly and without lawful purpose, have
character referred to above.
in his possession any lottery list, paper or other matter containing
letters, figures, signs or symbols which pertain to or are in any
ARTICLE 192. Importation and Sale of Prohibited Drugs. — The manner used in the game of jueteng or any similar game which has
penalty of prisión correccional in its medium and maximum periods taken place or is about to take place.
and a fine ranging from 300 to 10,000 pesos shall be imposed upon
any person who shall import or bring into the Philippine Islands any
ARTICLE 196. Importation, Sale and Possession of Lottery Tickets or
prohibited drug.
Advertisements. — The penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period or a fine ranging
The same penalty shall be imposed upon any person who shall from 200 to 2,000 pesos, or both, in the discretion of the court, shall
unlawfully sell or deliver to another any prohibited drug. be imposed upon any person who shall import into the Philippine
Islands from any foreign place or port any lottery ticket or
ARTICLE 193. Illegal Possession of Opium Pipe or Other Paraphernalia advertisement or, in connivance with the importer, shall sell or
for the Use of Any Prohibited Drug. — The penalty of arresto mayor distribute the same.
and a fine not exceeding 500 pesos shall be imposed upon any person
who, not being authorized by law, shall possess any opium pipe or Any person who shall knowingly and with intent to use them, have in
other paraphernalia for smoking, injecting, administering or using his possession lottery tickets or advertisements, or shall sell or
opium or any prohibited drug. distribute the same without connivance with the importer of the
same, shall be punished by arresto menor, or a fine not exceeding
The illegal possession of an opium pipe or other paraphernalia for 200 pesos, or both, in the discretion of the court.
using any other prohibited drug shall be prima facie evidence that its
possessor has used said drug. The possession of any lottery ticket or advertisement shall be prima
facie evidence of an intent to sell, distribute or use the same in the
ARTICLE 194. Prescribing Opium Unnecessarily for a Patient. — The Philippine Islands.
penalty of prisión correccional or a fine ranging from 300 to 10,000
pesos, or both, shall be imposed upon any physician or dentist who ARTICLE 197. Betting in Sports Contests. — The penalty of arresto
shall prescribe opium for any person whose physical condition does menor or a fine not exceeding 200 pesos, or both, shall be imposed
not require the use of the same. upon any person who shall bet money or any object or article of value
or representative of value upon the result of any boxing or other
TITLE SIX sports contests.

Crimes Against Public Morals ARTICLE 198. Illegal Betting on Horse Races. — The penalty of arresto
menor or a fine not exceeding 200 pesos, or both, shall be imposed
CHAPTER ONE upon any person who, except during the periods allowed by law, shall
bet on horse races. The penalty of arresto mayor or a fine ranging
from 200 to 2,000 pesos, or both, shall be imposed upon any person
Gambling and Betting who, under the same circumstances, shall maintain or employ a
totalizer or other device or scheme for betting on horse races or
realizing any profit therefrom.
For the purpose of this article, any race held on the same day and at 4. Any person who, not being included in the provisions of other
the same place shall be held punishable as a separate offense, and if articles of this Code, shall be found loitering in any inhabited or
the same be committed by any partnership, corporation or uninhabited place belonging to another without any lawful or
association, the president and the directors or managers thereof shall justifiable purpose;
be deemed to be principals in the offense if they have consented to
or knowingly tolerated its commission. 5. Prostitutes.

ARTICLE 199. Illegal Cockfighting. — The penalty of arresto menor or For the purposes of this article, women who, for money or profit,
a fine not exceeding 200 pesos, or both, in the discretion of the court, habitually indulge in sexual intercourse or lascivious conduct, are
shall be imposed upon: deemed to be prostitutes.

1. Any person who directly or indirectly participates in cockfights, by Any person found guilty of any of the offenses covered by this article
betting money or other valuable things, or who organizes cockfights shall be punished by arresto menor or a fine not exceeding 200 pesos,
at which bets are made, on a day other than those permitted by law. and in case of recidivism, by arresto mayor in its medium period to
prisión correccional in its minimum period or a fine ranging from 200
2. Any person who directly or indirectly participates in cockfights, by to 2,000 pesos, or both, in the discretion of the court.
betting money or other valuable things, or organizes such cockfights,
at a place other than a licensed cockpit. TITLE SEVEN

CHAPTER TWO Crimes Committed by Public Officers

Offenses Against Decency and Good Customs CHAPTER ONE

ARTICLE 200. Grave Scandal. — The penalties of arresto mayor and Preliminary Provisions
public censure shall be imposed upon any person who shall offend
against decency or good customs by any highly scandalous conduct
ARTICLE 203. Who are Public Officers. — For the purpose of applying
not expressly falling within any other article of this Code.
the provisions of this and the preceding titles of this book, any person
who, by direct provision of the law, popular election or appointment
ARTICLE 201. Immoral Doctrines, Obscene Publications and by competent authority, shall take part in the performance of public
Exhibitions. — The penalty of prisión correccional in its minimum functions in the Government of the Philippine Islands, or shall
period, or a fine ranging from 200 to 2,000 pesos, or both, shall be perform in said Government or in any of its branches public duties as
imposed upon: an employee, agent or subordinate official, of any rank or class, shall
be deemed to be a public officer.
1. Those who shall publicly expound or proclaim doctrines openly
contrary to public morals; CHAPTER TWO

2. The authors of obscene literature, published with their knowledge Malfeasance and Misfeasance in Office
in any form, and the editors publishing such literature;
SECTION ONE
3. Those who in theaters, fairs, cinematographs or any other place
open to public view, shall exhibit indecent or immoral plays, scenes,
Dereliction of Duty
acts or shows; and

ARTICLE 204. Knowingly Rendering Unjust Judgment. — Any judge

4. Those who shall sell, give away or exhibit prints, engravings,
who shall knowingly render an unjust judgment in any case submitted
sculptures or literature which are offensive to morals.
to him for decision, shall be punished by prisión mayor and perpetual
absolute disqualification.
ARTICLE 202. Vagrants and Prostitutes — Penalty. — The following
are vagrants:
ARTICLE 205. Judgment Rendered Through Negligence. — Any judge
who, by reason of inexcusable negligence or ignorance, shall render a
1. Any person having no apparent means of subsistence, who has the manifestly unjust judgment in any case submitted to him for decision
physical ability to work and who neglects to apply himself or herself shall be punished by arresto mayor and temporary special
to some lawful calling; disqualification.

2. Any person found loitering about public or semi-public buildings or ARTICLE 206. Unjust Interlocutory Order. — Any judge who shall
places or tramping or wandering about the country or the streets knowingly render an unjust interlocutory order or decree shall suffer
without visible means of support; the penalty of arresto mayor in its minimum period and suspension;
but if he shall have acted by reason of inexcusable negligence or
3. Any idle or dissolute person who lodges in houses of ill-fame; ignorance and the interlocutory order or decree be manifestly unjust,
ruffians or pimps and those who habitually associate with prostitutes; the penalty shall be suspension.
ARTICLE 207. Malicious Delay in the Administration of Justice. — The commissioners, experts or any other persons performing public
penalty of prisión correccional in its minimum period shall be duties.
imposed upon any judge guilty of malicious delay in the
administration of justice. ARTICLE 211. Indirect Bribery. — The penalties of arresto mayor,
suspension in its minimum and medium periods, and public censure
ARTICLE 208. Prosecution of Offenses; Negligence and Tolerance. — shall be imposed upon any public officer who shall accept gifts
The penalty of prisión correccional in its minimum period and offered to him by reason of his office.
suspension shall be imposed upon any public officer, or officer of the
law, who, in dereliction of the duties of his office, shall maliciously ARTICLE 212. Corruption of Public Officials. — The same penalties
refrain from instituting prosecution for the punishment of violators of imposed upon the officer corrupted, except those of disqualification
the law, or shall tolerate the commission of offenses. and suspension, shall be imposed upon any person who shall have
made the offers or promises or given the gifts or presents as
ARTICLE 209. Betrayal of Trust by an Attorney or Solicitor — described in the preceding articles.
Revelation of Secrets. — In addition to the proper administrative
action, the penalty of prisión correccional in its minimum period, or a CHAPTER THREE
fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon
any attorney-at-law or solicitor (procurador judicial) who, by any
Frauds and Illegal Exactions and Transactions
malicious breach of professional duty or inexcusable negligence or
ignorance, shall prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity. ARTICLE 213. Frauds Against the Public Treasury and Similar Offenses.
— The penalty of prisión correccional in its medium period to prisión
mayor in its minimum period, or a fine ranging from 200 to 10,000
The same penalty shall be imposed upon an attorney-at-law or
pesos, or both, shall be imposed upon any public officer who:
solicitor (procurador judicial) 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 1. In his official capacity, in dealing with any person with regard to
case, without the consent of his first client. 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
SECTION TWO
make use of any other scheme, to defraud the Government;

Bribery
2. Being entrusted with the collection of taxes, licenses, fees and
other imposts, shall be guilty of any of the following acts or
ARTICLE 210. Direct Bribery. — Any public officer who shall agree to omissions:
perform an act constituting a crime, in connection with the
performance of his official duties, in consideration of any offer,
(a) Demanding, directly or indirectly, the payment of sums different
promise, gift or present received by such officer, personally or
from or larger than those authorized by law.
through the mediation of another, shall suffer the penalty of prisión
correccional in its minimum and medium periods and a fine of not
less than the value of the gift and not more than three times such (b) Failing voluntarily to issue a receipt, as provided by law, for any
value, in addition to the penalty corresponding to the crime agreed sum of money collected by him officially.
upon, if the same shall have been committed.
(c) Collecting or receiving, directly or indirectly, by way of payment or
If the gift was accepted by the officer in consideration of the otherwise, things or objects of a nature different from that provided
execution of an act which does not constitute a crime, and the officer by law.
executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been When the culprit is an officer or employee of the Bureau of Internal
accomplished, the officer shall suffer the penalties of arresto mayor in Revenue or the Bureau of Customs, the provisions of the
its maximum period and a fine of not less than the value of the gift Administrative Code shall be applied.
and not more than twice such value.
ARTICLE 214. Other Frauds. — In addition to the penalties prescribed
If the object for which the gift was received or promised was to make in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the
the public officer refrain from doing something which it was his penalty of temporary special disqualification in its maximum period to
official duty to do, he shall suffer the penalties of arresto mayor in its perpetual special disqualification shall be imposed upon any public
medium and maximum periods and a fine of not less than the value of officer who, taking advantage of his official position, shall commit any
the gift and not more than three times such value. of the frauds or deceits enumerated in said provisions.

In addition to the penalties provided in the preceding paragraphs, the ARTICLE 215. Prohibited Transactions. — The penalty of prisión
culprit shall suffer the penalty of special temporary disqualification. correccional in its minimum period or a fine ranging from 200 to
1,000 pesos, or both, shall be imposed upon any appointive public
The provisions contained in the preceding paragraphs shall be made officer who, during his incumbency, shall directly or indirectly become
applicable to assessors, arbitrators, appraisal and claim interested in any transaction of exchange or speculation within the
territory subject to his jurisdiction.
ARTICLE 216. Possession of Prohibited Interest by a Public Officer. — ARTICLE 219. Failure of a Responsible Public Officer to Render
The penalty of arresto mayor in its medium period to prisión Accounts Before Leaving the Country. — Any public officer who
correccional in its minimum period, or a fine ranging from 200 to unlawfully leaves or attempts to leave the Philippine Islands without
1,000 pesos, or both, shall be imposed upon a public officer who, securing a certificate from the Insular Auditor showing that his
directly or indirectly, shall become interested in any contract or accounts have been finally settled, shall be punished by arresto
business in which it is his official duty to intervene. mayor, or a fine ranging from 200 to 1,000 pesos, or both.

This provision is applicable to experts, arbitrators and private ARTICLE 220. Illegal Use of Public Funds or Property. — Any public
accountants who, in like manner, shall take part in any contract or officer who shall apply any public fund or property under his
transaction connected with the estate or property in the appraisal, administration to any public use other than that for which such fund
distribution or adjudication of which they shall have acted, and to the or property were appropriated by law or ordinance shall suffer the
guardians and executors with respect to the property belonging to penalty of prisión correccional in its minimum period or a fine ranging
their wards or estate. from one-half to the total of the sum misapplied, if by reason of such
misapplication, any damage or embarrassment shall have resulted to
CHAPTER FOUR the public service. In either case, the offender shall also suffer the
penalty of temporary special disqualification.
Malversation of Public Funds or Property
If no damage or embarrassment to the public service has resulted,
the penalty shall be a fine from 5 to 50 per cent of the sum
ARTICLE 217. Malversation of Public Funds or Property —
misapplied.
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 ARTICLE 221. Failure to Make Delivery of Public Funds or Property. —
consent, or through abandonment or negligence, shall permit any Any public officer under obligation to make payment from
other person to take such public funds or property, wholly or Government funds in his possession, who shall fail to make such
partially, or shall otherwise be guilty of the misappropriation or payment, shall be punished by arresto mayor and a fine of from 5 to
malversation of such funds or property, shall suffer: 25 per cent of the sum which he failed to pay.

1. The penalty of prisión correccional in its minimum and medium This provision shall apply to any public officer who, being ordered by
periods, if the amount involved in the misappropriation or competent authority to deliver any property in his custody or under
malversation does not exceed 200 pesos. his administration, shall refuse to make such delivery.

2. The penalty of prisión correccional in its maximum period to prisión The fine shall be graduated in such case by the value of the thing,
mayor in its minimum period, if the amount involved is more than provided that it shall not be less than 50 pesos.
200 pesos but does not exceed 6,000 pesos.
ARTICLE 222. Officers Included in the Preceding Provisions. — The
3. The penalty of prisión mayor in its medium and maximum periods, provisions of this chapter shall apply to private individuals who, in any
if the amount involved is more than 6,000 pesos but is less than capacity whatever, have charge of any Insular, provincial or municipal
12,000 pesos. funds, revenues or property and to any administrator or depository of
funds or property attached, seized or deposited by public authority,
even if such property belongs to a private individual.
4. The penalty of reclusión temporal in its minimum and medium
periods, if the amount involved is more than 12,000 pesos but is less
than 22,000 pesos. If the amount exceeds the latter, the penalty shall CHAPTER FIVE
be reclusión temporal in its medium and maximum periods.
Infidelity of Public Officers
In all cases, persons guilty of malversation shall also suffer the penalty
of perpetual special disqualification and a fine ranging from one-half SECTION ONE
to the total value of the funds or property embezzled.
Infidelity in the Custody of Prisoners
The failure of a public officer to have duly forthcoming any public
funds or property with which he is chargeable, upon demand by any ARTICLE 223. Conniving With or Consenting to Evasion. — Any public
duly authorized officer, shall be prima facie evidence that he has put officer who shall consent to the escape of a prisoner in his custody or
such missing funds or property to personal uses. charge, shall be punished:

ARTICLE 218. Failure of Accountable Officer to Render Accounts. — 1. By prisión correccional in its medium and maximum periods and
Any public officer, whether in the service or separated therefrom by temporary special disqualification in its maximum period to perpetual
resignation or any other cause, who is required by law or regulation special disqualification, if the fugitive shall have been sentenced by
to render account to the Insular Auditor, or to a provincial auditor final judgment to any penalty.
and who fails to do so for a period of two months after such accounts
should be rendered, shall be punished by prisión correccional in its
2. By prision correccional in its minimum period and temporary
minimum period, or by a fine ranging from 200 to 6,000 pesos, or
special disqualification, in case the fugitive shall not have been finally
both.
convicted but only held as a detention prisoner for any crime or suffer the penalties of prisión correccional in its medium and
violation of law or municipal ordinance. maximum periods, perpetual special disqualification and a fine not
exceeding 2,000 pesos if the revelation of such secrets or the delivery
ARTICLE 224. Evasion Through Negligence. — If the evasion of the of such papers shall have caused serious damage to the public
prisoner shall have taken place through the negligence of the officer interest; otherwise, the penalties of prisión correccional in its
charged with the conveyance or custody of the escaping prisoner, minimum period, temporary special disqualification and a fine not
said officer shall suffer the penalties of arresto mayor in its maximum exceeding 500 pesos shall be imposed.
period to prisión correccional in its minimum period and temporary
special disqualification. ARTICLE 230. Public Officer Revealing Secrets of Private Individual. —
Any public officer to whom the secrets of any private individual shall
ARTICLE 225. Escape of Prisoner Under the Custody of a Person Not a become known by reason of his office who shall reveal such secrets,
Public Officer. — Any private person to whom the conveyance or shall suffer the penalties of arresto mayor and a fine not exceeding
custody of a prisoner or person under arrest shall have been 1,000 pesos.
confided, who shall commit any of the offenses mentioned in the two
preceding articles, shall suffer the penalty next lower in degree than CHAPTER SIX
that prescribed for the public officer.
Other Offenses or Irregularities by Public Officers
SECTION TWO
SECTION ONE
Infidelity in the Custody of Documents
Disobedience, Refusal of Assistance and Maltreatment of Prisoners
ARTICLE 226. Removal, Concealment or Destruction of Documents. —
Any public officer who shall remove, destroy or conceal documents or ARTICLE 231. Open Disobedience. — Any judicial or executive officer
papers officially entrusted to him, shall suffer: who shall openly refuse to execute the judgment, decision or order of
any superior authority made within the scope of the jurisdiction of
1. The penalty of prisión mayor and a fine not exceeding 1,000 pesos, the latter and issued with all the legal formalities, shall suffer the
whenever serious damage shall have been caused thereby to a third penalties of arresto mayor in its medium period to prisión
party or to the public interest. correccional in its minimum period, temporary special disqualification
in its maximum period and a fine not exceeding 1,000 pesos.
2. The penalty of prisión correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos, whenever the damage ARTICLE 232. Disobedience to Order of Superior Officer, When Said
caused to a third party or to the public interest shall not have been Order Was Suspended by Inferior Officer. — Any public officer who,
serious. having for any reason suspended the execution of the orders of his
superiors, shall disobey such superiors after the latter have
In either case, the additional penalty of temporary special disapproved the suspension, shall suffer the penalties of prisión
disqualification in its maximum period to perpetual special correccional in its minimum and medium periods and perpetual
disqualification shall be imposed. special disqualification.

ARTICLE 227. Officer Breaking Seal. — Any public officer charged with ARTICLE 233. Refusal of Assistance. — The penalties of arresto mayor
the custody of papers or property sealed by proper authority, who in its medium period to prisión correccional in its minimum period,
shall break the seals or permit them to be broken, shall suffer the perpetual special disqualification and a fine not exceeding 1,000
penalties of prisión correccional in its minimum and medium periods, pesos, shall be imposed upon a public officer who, upon demand
temporary special disqualification and a fine not exceeding 2,000 from competent authority, shall fail to lend his cooperation towards
pesos. 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
ARTICLE 228. Opening of Closed Documents. — Any public officer not
and a fine not exceeding 500 pesos shall be imposed.
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 ARTICLE 234. Refusal to Discharge Elective Office. — The penalty of
the penalties of arresto mayor, temporary special disqualification and arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be
a fine not exceeding 2,000 pesos. 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.
SECTION THREE

ARTICLE 235. Maltreatment of Prisoners. — The penalty of arresto

Revelation of Secrets
mayor in its medium period to prision correccional in its minimum
period, in addition to his liability for the physical injuries or damage
ARTICLE 229. Revelation of Secrets by an Officer. — Any public officer caused, shall be imposed upon any public officer or employee who
who shall reveal any secret known to him by reason of his official shall overdo himself in the correction or handling of a prisoner or
capacity, or shall wrongfully deliver papers or copies of papers of detention prisoner under his charge, by the imposition of punishment
which he may have charge and which should not be published, shall
not authorized by the regulations, or by inflicting such punishment in ARTICLE 241. Usurpation of Judicial Functions. — The penalty of
a cruel and humiliating manner. arresto mayor in its medium period to prisión correccional in its
minimum period shall be imposed upon any officer of the executive
If the purpose of the maltreatment is to extort a confession, or to branch of the Government who shall assume judicial powers or shall
obtain some information from the prisoner, the offender shall be obstruct the execution of any order or decision rendered by any judge
punished by prision correccional in its minimum period, temporary within his jurisdiction.
special disqualification and a fine not exceeding 500 pesos, in
addition to his liability for the physical injuries or damage caused. ARTICLE 242. Disobeying Request for Disqualification. — Any public
officer who, before the question of jurisdiction is decided, shall
SECTION TWO continue any proceeding after having been lawfully required to
refrain from so doing, shall be punished by arresto mayor and a fine
not exceeding 500 pesos.
Anticipation, Prolongation and Abandonment of the Duties and
Powers of Public Office
ARTICLE 243. Orders or Requests by Executive Officers to Any Judicial
Authority. — Any executive officer who shall address any order or
ARTICLE 236. Anticipation of Duties of a Public Office. — Any person
suggestion to any judicial authority with respect to any case or
who shall assume the performance of the duties and powers of any
business coming within the exclusive jurisdiction of the courts of
public office or employment without first being sworn in or having
justice shall suffer the penalty of arresto mayor and a fine not
given the bond required by law, shall be suspended from such office
exceeding 500 pesos.
or employment until he shall have complied with the respective
formalities and shall be fined from 200 to 500 pesos.
ARTICLE 244. Unlawful Appointments. — Any public officer who shall
knowingly nominate or appoint to any public office any person lacking
ARTICLE 237. Prolonging Performance of Duties and Powers. — Any
the legal qualifications therefor, shall suffer the penalty of arresto
public officer who shall continue to exercise the duties and powers of
mayor and a fine not exceeding 1,000 pesos.
his office, employment or commission, beyond the period provided
by law, regulations or special provisions applicable to the case, shall
suffer the penalties of prisión correccional in its minimum period, SECTION FOUR
special temporary disqualification in its minimum period and a fine
not exceeding 500 pesos. Abuses Against Chastity

ARTICLE 238. Abandonment of Office or Position. — Any public officer ARTICLE 245. Abuses Against Chastity — Penalties. — The penalties of
who, before the acceptance of his resignation, shall abandon his prisión correccional in its medium and maximum periods and
office to the detriment of the public service shall suffer the penalty of temporary special disqualification shall be imposed:
arresto mayor.
1. Upon any public officer who shall solicit or make immoral or
If such office shall have been abandoned in order to evade the indecent advances to a woman interested in matters pending before
discharge of the duties of preventing, prosecuting or punishing any of such officer for decision, or with respect to which he is required to
the crimes falling within Title One, and Chapter One of Title Three of submit a report to or consult with a superior officer;
Book Two of this Code, the offender shall be punished by prisión
correccional in its minimum and medium periods, and by arresto 2. Any warden or other public officer directly charged with the care
mayor if the purpose of such abandonment is to evade the duty of and custody of prisoners or persons under arrest who shall solicit or
preventing, prosecuting or punishing any other crime. make immoral or indecent advances to a woman under his custody.

SECTION THREE If the person solicited be the wife, daughter, sister or relative within
the same degree by affinity of any person in the custody of such
Usurpation of Powers and Unlawful Appointments warden or officer, the penalties shall be prisión correccional in its
minimum and medium periods and temporary special disqualification.
ARTICLE 239. Usurpation of Legislative Powers. — The penalties of
prisión correccional in its minimum period, temporary special TITLE EIGHT
disqualification and a fine not exceeding 1,000 pesos, shall be
imposed upon any public officer who shall encroach upon the powers Crimes Against Persons
of the legislative branch of the Government, either by making general
rules or regulations beyond the scope of his authority, or by
CHAPTER ONE
attempting to repeal a law or suspending the execution thereof.

Destruction of Life
ARTICLE 240. Usurpation of Executive Functions. — Any judge who
shall so assume any power pertaining to the executive authorities, or
shall obstruct the latter in the lawful exercise of their powers, shall SECTION ONE
suffer the penalty of arresto mayor in its medium period to prisión
correccional in its minimum period. Parricide, Murder, Homicide
ARTICLE 246. Parricide. — Any person who shall kill his father, lower by one degree than that which should be imposed under the
mother, or child, whether legitimate or illegitimate, or any of his provision of article 50.
ascendants, or descendants, or his spouse, shall be guilty of parricide
and shall be punished by the penalty of reclusión perpetua to death. The courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under article 51 should be imposed for
ARTICLE 247. Death or Physical Injuries Inflicted Under Exceptional an attempt to commit any of such crimes.
Circumstances. — Any legally married person who, having surprised
his spouse in the act of committing sexual intercourse with another ARTICLE 251. Death Caused in a Tumultuous Affray. — When, while
person, shall kill any of them or both of them in the act or several persons, not composing groups organized for the common
immediately thereafter, or shall inflict upon them any serious physical purpose of assaulting and attacking each other reciprocally, quarrel
injury, shall suffer the penalty of destierro. and assault each other in a confused and tumultuous manner, and in
the course of the affray someone is killed, and it cannot be
If he shall inflict upon them physical injuries of any other kind, he ascertained who actually killed the deceased, but the person or
shall be exempt from punishment. persons who inflicted serious physical injuries can be identified, such
person or persons shall be punished by prisión mayor.
These rules shall be applicable, under the same circumstances, to
parents with respect to their daughters under eighteen years of age, If it cannot be determined who inflicted the serious physical injuries
and their seducers, while the daughters are living with their parents. on the deceased, the penalty of prisión correccional in its medium
and maximum periods shall be imposed upon all those who shall have
Any person who shall promote or facilitate the prostitution of his wife used violence upon the person of the victim.
or daughter, or shall otherwise have consented to the infidelity of the
other spouse shall not be entitled to the benefits of this article. ARTICLE 252. Physical Injuries Inflicted in a Tumultuous Affray. —
When in a tumultuous affray as referred to in the preceding article,
ARTICLE 248. Murder. — Any person who, not falling within the only serious physical injuries are inflicted upon the participants
provisions of article 246 shall kill another, shall be guilty of murder thereof and the person responsible therefor cannot be identified, all
and shall be punished by reclusión temporal in its maximum period to those who appear to have used violence upon the person of the
death, if committed with any of the following attendant offended party shall suffer the penalty next lower in degree than that
circumstances: provided for the physical injuries so inflicted.

1. With treachery, taking advantage of superior strength, with the aid When the physical injuries inflicted are of a less serious nature and
of armed men, or employing means to weaken the defense or of the person responsible therefor cannot be identified, all those who
means or persons to insure or afford impunity. appear to have used any violence upon the person of the offended
party shall be punished by arresto from five to fifteen days.
2. In consideration of a price, reward or promise.
ARTICLE 253. Giving Assistance to Suicide. — Any person who shall
assist another to commit suicide shall suffer the penalty of prisión
3. By means of inundation, fire, poison, explosion, shipwreck,
mayor; if such person lends his assistance to another to the extent of
stranding of a vessel, derailment or assault upon a street car or
doing the killing himself, he shall suffer the penalty of reclusión
locomotive, fall of an airship, by means of motor vehicles, or with the
temporal. However, if the suicide is not consummated, the penalty of
use of any other means involving great waste and ruin.
arresto mayor in its medium and maximum periods shall be imposed.

4. On occasion of any of the calamities enumerated in the preceding

ARTICLE 254. Discharge of Firearms. — Any person who shall shoot at
paragraph, or of an earthquake, eruption of a volcano, destructive
another with any firearm shall suffer the penalty of prisión
cyclone, epidemic, or any other public calamity.
correccional in its minimum and medium periods, unless the facts of
the case are such that the act can be held to constitute frustrated or
5. With evident premeditation. attempted parricide, murder, homicide or any other crime for which a
higher penalty is prescribed by any of the articles of this Code.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or SECTION TWO
corpse.
Infanticide and Abortion
ARTICLE 249. Homicide. — Any person who, not falling within the
provisions of article 246 shall kill another without the attendance of
ARTICLE 255. Infanticide. — The penalty provided for parricide in
any of the circumstances enumerated in the next preceding article,
article 246 and for murder in article 248 shall be imposed upon any
shall be deemed guilty of homicide and be punished by reclusion
person who shall kill any child less than three days of age.
temporal.

If the crime penalized in this article be committed by the mother of

ARTICLE 250. Penalty for Frustrated Parricide, Murder or Homicide. —
the child for the purpose of concealing her dishonor, she shall suffer
The courts, in view of the facts of the case, may impose upon the
the penalty of prisión correccional in its medium and maximum
person guilty of the frustrated crime of parricide, murder or
periods, and if said crime be committed for the same purpose by the
homicide, defined and penalized in the preceding articles, a penalty
maternal grandparents or either of them, the penalty shall be prisión The seconds shall in all events be punished as accomplices.
mayor.
ARTICLE 261. Challenging to a Duel. — The penalty of prisión
ARTICLE 256. Intentional Abortion. — Any person who shall correccional in its minimum period shall be imposed upon any person
intentionally cause an abortion shall suffer: who shall challenge another, or incite another to give or accept a
challenge to a duel, or shall scoff at or decry another publicly for
1. The penalty of reclusión temporal, if he shall use any violence upon having refused to accept a challenge to fight a duel.
the person of the pregnant woman.
CHAPTER TWO
2. The penalty of prisión mayor if, without using violence, he shall act
without the consent of the woman. Physical Injuries

3. The penalty of prisión correccional in its medium and maximum ARTICLE 262. Mutilation. — The penalty of reclusión temporal to
periods, if the woman shall have consented. reclusión perpetua shall be imposed upon any person who shall
intentionally mutilate another by depriving him, either totally or
ARTICLE 257. Unintentional Abortion. — The penalty of prisión partially, of some essential organ for reproduction.
correccional in its minimum and medium period shall be imposed
upon any person who shall cause an abortion by violence, but Any other intentional mutilation shall be punished by prisión mayor in
unintentionally. its medium and maximum periods.

ARTICLE 258. Abortion Practiced by the Woman Herself or by Her ARTICLE 263. Serious Physical Injuries. — Any person who shall
Parents. — The penalty of prisión correccional in its medium and wound, beat, or assault another, shall be guilty of the crime of serious
maximum periods shall be imposed upon a woman who shall practice physical injuries and shall suffer:
an abortion upon herself or shall consent that any other person
should do so. 1. The penalty of prisión mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
Any woman who shall commit this offense to conceal her dishonor, impotent, or blind;
shall suffer the penalty of prisión correccional in its minimum and
medium periods. 2. The penalty of prisión correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the person
If this crime be committed by the parents of the pregnant woman or injured shall have lost the use of speech or the power to hear or to
either of them, and they act with the consent of said woman for the smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall
purpose of concealing her dishonor, the offenders shall suffer the have lost the use of any such member, or shall have become
penalty of prisión correccional in its medium and maximum periods. incapacitated for the work in which he was theretofore habitually
engaged;
ARTICLE 259. Abortion Practiced by a Physician or Midwife and
Dispensing of Abortives. — The penalties provided in article 256 shall 3. The penalty of prisión correccional in its minimum and medium
be imposed in its maximum period, respectively, upon any physician periods, if in consequence of the physical injuries inflicted, the person
or midwife who, taking advantage of their scientific knowledge or injured shall have become deformed, or shall have lost any other part
skill, shall cause an abortion or assist in causing the same. of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he was
Any pharmacist who, without the proper prescription from a habitually engaged for a period of more than ninety days;
physician, shall dispense any abortive shall suffer arresto mayor and a
fine not exceeding 1,000 pesos. 4. The penalty of arresto mayor in its maximum period to prisión
correccional in its minimum period, if the physical injuries inflicted
SECTION THREE shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.
Duel
If the offense shall have been committed against any of the persons
enumerated in article 246, or with attendance of any of the
ARTICLE 260. Responsibility of Participants in a Duel. — The penalty of
circumstances mentioned in article 248, the case covered by
reclusión temporal shall be imposed upon any person who shall kill
subdivision number 1 of this article shall be punished by reclusión
his adversary in a duel.
temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prisión correccional in its maximum period
If he shall inflict upon the latter physical injuries only, he shall suffer to prisión mayor in its minimum period; the case covered by
the penalty provided therefor, according to their nature. subdivision number 3 by prisión correccional in its medium and
maximum periods; and the case covered by subdivision number 4 by
In any other case, the combatants shall suffer the penalty of arresto prisión correccional in its minimum and medium periods.
mayor, although no physical injuries have been inflicted.
The provisions of the preceding paragraph shall not be applicable to a ARTICLE 267. Serious Illegal Detention. — Any private individual who
parent who shall inflict physical injuries upon his child by excessive shall kidnap or detain another, or in any other manner deprive him of
chastisement. his liberty, shall suffer the penalty of reclusión temporal:

ARTICLE 264. Administering Injurious Substances or Beverages. — The 1. If the locking up or detention shall have lasted more than twenty
penalties established by the next preceding article shall be applicable days.
in the respective cases to any person who, without intent to kill, shall
inflict upon another any serious physical injury, by knowingly 2. If it shall have been committed simulating public authority.
administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind or credulity.
3. If any serious physical injuries shall have been inflicted upon the
person locked up or detained, or if threats to kill him shall have been
ARTICLE 265. Less Serious Physical Injuries. — Any person who shall made.
inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor for
ARTICLE 268. Slight Illegal Detention. — The penalty of prisión mayor
ten days or more, or shall require medical attendance for the same
shall be imposed upon any private individual who shall commit the
period, shall be guilty of less serious physical injuries and shall suffer
crimes described in the next preceding article without the attendance
the penalty of arresto mayor.
of any of the circumstances enumerated therein.

Whenever less serious physical injuries shall have been inflicted with
The same penalty shall be incurred by anyone who shall furnish the
the manifest intent to insult or offend the injured person, or under
place for the perpetration of the crime.
circumstances adding ignominy to the offense, in addition to the
penalty of arresto mayor, a fine not exceeding 500 pesos shall be
imposed. If the offender shall voluntarily release the person so locked up or
detained within three days from the commencement of the
detention, without having attained the purpose intended, and before
Any less serious physical injuries inflicted upon the offender’s
the institution of criminal proceedings against him, the penalty shall
parents, ascendants, guardians, curators, teachers, or persons of
be prisión correccional in its minimum and medium periods and a fine
rank, or persons in authority, shall be punished by prisión
not exceeding 500 pesos.
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. ARTICLE 269. Unlawful Arrest. — The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be imposed upon any person who,
in any case other than those authorized by law, or without reasonable
ARTICLE 266. Slight Physical Injuries and Maltreatment. — The crime
ground therefor, shall arrest or detain another for the purpose of
of slight physical injuries shall be punished:
delivering him to the proper authorities.

1. By arresto menor when the offender has inflicted physical injuries

SECTION TWO
which shall incapacitate the offended party for labor from one to nine
days, or shall require medical attendance during the same period.
Kidnapping of Minors
2. By arresto menor or a fine not exceeding 200 pesos and censure
when the offender has caused physical injuries which do not prevent ARTICLE 270. Kidnapping and Failure to Return a Minor. — The
the offended party from engaging in his habitual work nor require penalty of reclusión temporal shall be imposed upon:
medical attendance.
1. Anyone who shall kidnap a child under seven years for the purpose
3. By arresto menor in its minimum period or a fine not exceeding 50 of permanently separating said child from his parents or guardians or
pesos when the offender shall ill-treat another by deed without the persons charged with his custody.
causing any injury.
2. Any person who, being entrusted with the custody of a minor
TITLE NINE person, shall deliberately fail to restore the latter to his parents or
guardians.
Crimes Against Personal Liberty and Security
ARTICLE 271. Inducing a Minor to Abandon his Home. — The penalty
of arresto mayor and a fine not exceeding 500 pesos shall be imposed
CHAPTER ONE
upon anyone who shall induce a person under age but over seven
years to abandon the home of his parents or guardians or the persons
Crimes Against Liberty entrusted with his custody.

SECTION ONE If the person committing any of the crimes covered by the two
preceding articles shall be the father or the mother of the minor, the
Illegal Detention penalty shall be arresto menor or a fine not exceeding 200 pesos, or
both.
 SECTION THREE danger only, the penalty shall be prisión correccional in its minimum
and medium periods.
Slavery and Servitude
The provisions contained in the two preceding paragraphs shall not
ARTICLE 272. Slavery. — The penalty of prisión mayor and a fine of prevent the imposition of the penalty provided for the act committed,
not exceeding 10,000 pesos shall be imposed upon anyone who shall when the same shall constitute a more serious offense.
purchase, sell, kidnap or detain a human being for the purpose of
enslaving him. ARTICLE 277. Abandonment of Minor by Person Entrusted with his
Custody; Indifference of Parents. — The penalty of arresto mayor and
If the crime be committed for the purpose of assigning the offended a fine not exceeding 500 pesos shall be imposed upon anyone who,
party to some immoral traffic, the penalty shall be imposed in its having charge of the rearing or education of a minor, shall deliver said
maximum period. 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.
ARTICLE 273. Exploitation of Child Labor. — The penalty of prisión
correccional in its minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon anyone who, under the The same penalty shall be imposed upon the parents who shall
pretext of reimbursing himself of a debt incurred by an ascendant, neglect their children by not giving them the education which their
guardian or person entrusted with the custody of a minor, shall, station in life require and financial condition permit.
against the latter’s will, retain him in his service.
ARTICLE 278. Exploitation of Minors. — The penalty of prisión
ARTICLE 274. Services Rendered Under Compulsion in Payment of correccional in its minimum and medium periods and a fine not
Debts. — The penalty of arresto mayor in its maximum period to exceeding 500 pesos shall be imposed upon:
prisión correccional in its minimum period shall be imposed upon any
person who, in order to require or enforce the payment of a debt, 1. Any person who shall cause any boy or girl under sixteen years of
shall compel the debtor to work for him, against his will, as household age to perform any dangerous feat of balancing, physical strength or
servant or farm laborer. contortion.

CHAPTER TWO 2. Any person who, being an acrobat, gymnast, rope-walker, diver,
wild-animal tamer or circus manager or engaged in a similar calling,
Crimes Against Security shall employ in exhibitions of these kinds of children under sixteen
years of age who are not his children or descendants.
SECTION ONE
3. Any person engaged in any of the callings enumerated in the next
preceding paragraph who shall employ any descendant of his under
Abandonment of Helpless Persons and Exploitation of Minors
twelve years of age in such dangerous exhibitions.

ARTICLE 275. Abandonment of Persons in Danger and Abandonment

4. Any ascendant, guardian, teacher or person entrusted in any
of One’s Own Victim. — The penalty of arresto mayor shall be
capacity with the care of a child under sixteen years of age, who shall
imposed upon:
deliver such child gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to any habitual vagrant
1. Anyone who shall fail to render assistance to any person whom he or beggar.
shall find in an uninhabited place wounded or in danger of dying,
when he can render such assistance without detriment to himself,
If the delivery shall have been made in consideration of any price,
unless such omission shall constitute a more serious offense.
compensation, or promise, the penalty shall in every case be imposed
in its maximum period.
2. Anyone who shall fail to help or render assistance to another
whom he has accidentally wounded or injured.
In either case, the guardian or curator convicted shall also be
removed from office as guardian or curator; and in the case of the
3. Anyone who, having found an abandoned child under seven years parents of the child, they may be deprived, temporarily or
of age, shall fail to deliver said child to the authorities or to his family, perpetually, in the discretion of the court, of their parental authority.
or shall fail to take him to a safe place.
5. Any person who shall induce any child under sixteen years of age to
ARTICLE 276. Abandoning a Minor. — The penalty of arresto mayor abandon the home of its ascendants, guardians, curators or teachers
and a fine not exceeding 500 pesos shall be imposed upon anyone to follow any person engaged in any of the callings mentioned in
who shall abandon a child under seven years of age, the custody of paragraph 2 hereof, or to accompany any habitual vagrant or beggar.
which is incumbent upon him.
ARTICLE 279. Additional Penalties for Other Offenses. — The
When the death of the minor shall result from such abandonment, imposition of the penalties prescribed in the preceding articles, shall
the culprit shall be punished by prisión correccional in its medium and not prevent the imposition upon the same person of the penalty
maximum periods; but if the life of the minor shall have been in provided for any other felonies defined and punished by this Code.
 SECTION TWO 1. Any person who, without being included in the provisions of the
next preceding article, shall threaten another with a weapon, or draw
Trespass to Dwelling such weapon in a quarrel, unless it be in lawful self-defense.

ARTICLE 280. Qualified Trespass to Dwelling. — Any private person 2. Any person who, in the heat of anger, shall orally threaten another
who shall enter the dwelling of another against the latter’s will, shall with some harm not constituting a crime, and who by subsequent
be punished by arresto mayor and a fine not exceeding 1,000 pesos. 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.
If the offense be committed by means of violence or intimidation, the
penalty shall be prisión correccional in its medium and maximum
periods and a fine not exceeding 1,000 pesos. 3. Any person who shall orally threaten to do another any harm not
constituting a felony.
The provisions of this article shall not be applicable to any person
who shall enter another’s dwelling for the purpose of preventing ARTICLE 286. Grave Coercions. — The penalty of arresto mayor and a
some serious harm to himself, the occupants of the dwelling or a fine not exceeding 500 pesos shall be imposed upon any person who,
third person, nor shall it be applicable to any person who shall enter a without authority of law, shall, by means of violence, prevent another
dwelling for the purpose of rendering some service to humanity or from doing something not prohibited by law, or compel him to do
justice, nor to anyone who shall enter cafés, taverns, inns and other something against his will, whether it be right or wrong.
public houses, while the same are open.
If the coercion be committed for the purpose of compelling another
ARTICLE 281. Other Forms of Trespass. — The penalty of arresto to perform any religious act or to prevent him from so doing, the
menor or a fine not exceeding 200 pesos, or both, shall be imposed penalty next higher in degree shall be imposed.
upon any person who shall enter the closed premises or the fenced
estate of another, while either of them are uninhabited, if the ARTICLE 287. Light Coercions. — Any person who, by means of
prohibition to enter be manifest and the trespasser has not secured violence, shall seize anything belonging to his debtor for the purpose
the permission of the owner or the caretaker thereof. 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
SECTION THREE to the value of the thing, but in no case less than 75 pesos.

Threats and Coercion Any other coercions or unjust vexations shall be punished by arresto
menor or a fine ranging from 5 to 200 pesos, or both.
ARTICLE 282. Grave Threats. — Any person who shall threaten
another with the infliction upon the person, honor or property of the ARTICLE 288. Other Similar Coercions — (Compulsory Purchase of
latter or of his family of any wrong amounting to a crime, shall suffer: Merchandise and Payment of Wages by Means of Tokens). — The
penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or
both, shall be imposed upon any person, agent or officer of any
1. The penalty next lower in degree than that prescribed by law for
association or corporation who shall force or compel, directly or
the crime he threatened to commit, if the offender shall have made
indirectly, or shall knowingly permit any laborer or employee
the threat demanding money or imposing any other condition, even
employed by him or by such firm or corporation to be forced or
though not unlawful, and said offender shall have attained his
compelled, to purchase merchandise or commodities of any kind.
purpose. If the offender shall not have attained his purpose, the
penalty lower by two degrees shall be imposed.
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
If the threat be made in writing or through a middleman, the penalty
tokens or objects other than the legal tender currency of the
shall be imposed in its maximum period.
Philippine Islands, unless expressly requested by the laborer or
employee.
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if
the threat shall not have been made subject to a condition.
ARTICLE 289. Formation, Maintenance and Prohibition of
Combination of Capital or Labor Through Violence or Threats. — The
ARTICLE 283. Light Threats. — A threat to commit a wrong not penalty of arresto mayor and a fine not exceeding 300 pesos shall be
constituting a crime, made in the manner expressed in subdivision 1 imposed upon any person who, for the purpose of organizing,
of the next preceding article, shall be punished by arresto mayor. maintaining or preventing coalitions of capital or labor, strike of
laborers or lock-out of employees, shall employ violence or threats in
ARTICLE 284. Bond for Good Behavior. — In all cases falling within the such a degree as to compel or force the laborers or employers in the
two next preceding articles, the person making the threats may also free and legal exercise of their industry or work, if the act shall not
be required to give bail not to molest the person threatened, or if he constitute a more serious offense in accordance with the provisions
shall fail to give such bail, he shall be sentenced to destierro. of this Code.

ARTICLE 285. Other Light Threats. — The penalty of arresto menor in CHAPTER THREE
its minimum period or a fine not exceeding 200 pesos shall be
imposed upon: Discovery and Revelation of Secrets
ARTICLE 290. Discovering Secrets Through Seizure of Correspondence. 3. The penalty of reclusión temporal, when by reason or on occasion
— The penalty of prisión correccional in its minimum and medium of the robbery, any of the physical injuries penalized in subdivision 2
periods and a fine not exceeding 500 pesos shall be imposed upon of the article mentioned in the next preceding paragraph, shall have
any private individual who in order to discover secrets of another, been inflicted.
shall seize his papers or letters and reveal the contents thereof.
4. The penalty of prisión mayor in its medium period to reclusión
If the offender shall not reveal such secrets, the penalty shall be temporal in its medium period, if the violence or intimidation
arresto mayor and a fine not exceeding 500 pesos. employed in the commission of the robbery shall have been carried to
a degree clearly unnecessary for the commission of the crime, or
This provision shall not be applicable to parents, guardians, or when in the course of its execution, the offender shall have inflicted
persons entrusted with the custody of minors with respect to the upon any person not responsible for its commission any of the
papers or letters of the children or minors placed under their care or physical injuries covered by subdivisions 3 and 4 of said Article 263.
custody, nor to spouses with respect to the papers or letters of either
of them. 5. The penalty of prisión correccional to prisión mayor in its medium
period in other cases.
ARTICLE 291. Revealing Secrets With Abuse of Office. — The penalty
of arresto mayor and a fine not exceeding 500 pesos shall be imposed ARTICLE 295. Robbery with Physical Injuries, Committed in an
upon any manager, employee, or servant who, in such capacity, shall Uninhabited Place and by a Band. — If the offenses mentioned in
learn the secrets of his principal or master and shall reveal such subdivisions 3, 4, and 5 of the next preceding article shall have been
secrets. committed in an uninhabited place and by a band, or by attacking a
moving train, street car, motor vehicle or airship, or by entering the
ARTICLE 292. Revelation of Industrial Secrets. — The penalty of passenger’s compartments in a train or, in any manner, taking the
prisión correccional in its minimum and medium periods and a fine passengers thereof by surprise in the respective conveyances, the
not exceeding 500 pesos shall be imposed upon the person in charge, offender shall be punished by the maximum period of the proper
employee or workman of any manufacturing or industrial penalties.
establishment who, to the prejudice of the owner thereof, shall
reveal the secrets of the industry of the latter. In the same cases, the penalty next higher in degree shall be imposed
upon the leader of the band.
TITLE TEN
ARTICLE 296. Definition of a Band and Penalty Incurred by the
Crimes Against Property Members Thereof . — When more than three armed malefactors take
part in the commission of a robbery, it shall be deemed to have been
committed by a band (cuadrilla).
CHAPTER ONE

Any member of a band who is present at the commission of a robbery

Robbery in General
in an uninhabited place and by a band, shall be punished as principal
of any of the assaults committed by the band, unless it be shown that
ARTICLE 293. Who are Guilty of Robbery. — Any person who, with he attempted to prevent the same.
intent to gain, shall take any personal property belonging to another,
by means of violence against or intimidation of any person, or using
ARTICLE 297. Attempted and Frustrated Robbery Committed Under
force upon anything, shall be guilty of robbery.
Certain Circumstances. — When by reason or on occasion of an
attempted or frustrated robbery a homicide is committed the person
SECTION ONE guilty of such offenses shall be punished by reclusión temporal in its
maximum period to reclusión perpetua, unless the homicide
Robbery with Violence Against or Intimidation of Persons committed shall deserve a higher penalty under the provisions of this
Code.
ARTICLE 294. Robbery with Violence Against or Intimidation of
Persons — Penalties. — Any person guilty of robbery with the use of ARTICLE 298. Execution of deeds by means of violence or
violence against or intimidation of any person shall suffer: intimidation. — Any person who, with intent to defraud another, by
means of violence or intimidation, shall compel him to sign, execute
1. The penalty of reclusión perpetua to death, when by reason or on or deliver any public instrument or document, shall be held guilty of
occasion of the robbery, the crime of homicide shall have been robbery and punished by the penalties respectively prescribed in this
committed. Chapter.

2. The penalty of reclusión temporal in its medium period to reclusión SECTION TWO
perpetua, when the robbery shall have been accompanied by rape or
intentional mutilation, or if by reason or on occasion of such robbery, Robbery by the Use of Force Upon Things
any of the physical injuries penalized in subdivision 1 of article 263
shall have been inflicted, or the person robbed shall have been held ARTICLE 299. Robbery in an Inhabited House or Public Building or
for ransom or deprived of his liberty for more than one day. 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 prisión mayor in its medium therewith, and which form part of the whole, shall be deemed
period to reclusión temporal in its minimum period, if the value of the dependencies of an inhabited house, public building or building
property taken shall exceed 250 pesos, and if — dedicated to religious worship.

(a) The malefactors shall enter the house or building in which the Orchards and other lands used for cultivation or production are not
robbery was committed, by any of the following means: included in the terms of the next preceding paragraph, even if closed,
contiguous to the building and having direct connection therewith.
1. Through an opening not intended for entrance or egress;
The term “public building” includes every building owned by the
2. By breaking any wall, roof, or floor or breaking any door or Government or belonging to a private person but used or rented by
window; the Government, although temporarily unoccupied by the same.

3. By using false keys, picklocks or similar tools; ARTICLE 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
4. By using any fictitious name or pretending the exercise of public
value of the property taken exceeds 250 pesos, shall be punished by
authority;
prisión correccional in its medium and maximum periods provided
that any of the following circumstances is present:
or if —
1. If the entrance has been effected through any opening not
(b) The robbery be committed under any of the following intended for entrance or egress.
circumstances:
2. If any wall, roof, floor or outside door or window has been broken.
1. By the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle;
3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools.
2. By taking such furniture or objects away to be broken or forced
open outside the place of the robbery.
4. If any door, wardrobe, chest, or any sealed or closed furniture or
receptacle has been broken.
When the offenders do not carry arms, and the value of the property
taken exceeds 250 pesos, the penalty next lower in degree shall be
5. If any closed or sealed receptacle, as mentioned in the preceding
imposed.
paragraph, has been removed, even if the same be broken open
elsewhere.
The same rule shall be applied when the offenders are armed, but the
value of the property taken does not exceed 250 pesos.
When the value of the property taken does not exceed 250 pesos, the
penalty next lower in degree shall be imposed.
When said offenders do not carry arms and the value of the property
taken does not exceed 250 pesos, they shall suffer the penalty
In the cases specified in articles 294, 295, 297, 299, 300, and 302 of
prescribed in the two next preceding paragraphs, in its minimum
this Code, when the property taken is large cattle, the offender shall
period.
suffer the penalties next higher in degree than those provided in said
articles.
If the robbery be committed in one of the dependencies of an
inhabited house, public building, or building dedicated to religious
ARTICLE 303. Robbery of Cereals, Fruits, or Firewood in an
worship, the penalties next lower in degree than those prescribed in
Uninhabited Place or Private Building. — In the cases enumerated in
this article shall be imposed.
articles 299 and 302, when the robbery consists in the taking of
cereals, fruits, or firewood, the culprit shall suffer the penalty next
ARTICLE 300. Robbery in an Uninhabited Place and by a Band. — The lower in degree than that prescribed in said articles.
robbery mentioned in the next preceding article, if committed in an
uninhabited place and by a band, shall be punished by the maximum
ARTICLE 304. Possession of Picklocks or Similar Tools. — Any person
period of the penalty provided therefor.
who shall without lawful cause have in his possession picklocks or
similar tools especially adapted to the commission of the crime of
ARTICLE 301. What is an Inhabited House, Public Building or Building robbery, shall be punished by arresto mayor in its maximum period to
Dedicated to Religious Worship and Their Dependencies. — Inhabited prisión correccional in its minimum period.
house means any shelter, ship or vessel constituting the dwelling of
one or more persons, even though the inhabitants thereof shall
The same penalty shall be imposed upon any person who shall make
temporarily be absent therefrom when the robbery is committed.
such tools. If the offender be a locksmith, he shall suffer the penalty
of prisión correccional in its medium and maximum periods.
All interior courts, corrals, warehouses, granaries, barns, coach-
houses, stables or other departments or inclosed places contiguous to
ARTICLE 305. False Keys. — The term “false keys” shall be deemed to
the building or edifice, having an interior entrance connected
include:
1. The tools mentioned in the next preceding articles. ARTICLE 309. Penalties. — Any person guilty of theft shall be punished
by:
2. Genuine keys stolen from the owner.
1. The penalty of prisión mayor in its minimum and medium periods,
3. Any keys other than those intended by the owner for use in the if the value of the thing stolen is more than 12,000 pesos but does
lock forcibly opened by the offender. not exceed 22,000 pesos; 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 year for each additional ten
CHAPTER TWO
thousand pesos, but the total of the penalty which may be imposed
shall not exceed twenty years. In such cases, and in connection with
Brigandage the accessory penalties which may be imposed and for the purpose of
the other provisions of this Code, the penalty shall be termed prisión
ARTICLE 306. Who are Brigands — Penalty. — When three or more mayor or reclusión temporal, as the case may be.
armed persons form a band of robbers for the purpose of committing
robbery in the highway, or kidnapping persons for the purpose of 2. The penalty of prisión correccional in its medium and maximum
extortion or to obtain ransom, for any other purpose to be attained periods, if the value of the thing stolen is more than 6,000 pesos but
by means of force and violence, they shall be deemed highway does not exceed 12,000 pesos.
robbers or brigands.
3. The penalty of prisión correccional in its minimum and medium
Persons found guilty of this offense shall be punished by prisión periods, if the value of the property stolen is more than 200 pesos but
mayor in its medium period to reclusión temporal in its minimum does not exceed 6,000 pesos.
period if the act or acts committed by them are not punishable by
higher penalties, in which case, they shall suffer such higher penalties.
4. Arresto mayor in its medium period to prisión correccional in its
minimum period, if the value of the property stolen is over 50 pesos
ARTICLE 307. Aiding and Abetting a Band of Brigands. — Any person but does not exceed 200 pesos.
knowingly and in any manner aiding, abetting or protecting a band of
brigands as described in the next preceding article, or giving them
5. Arresto mayor to its full extent, if such value is over 5 pesos but
information of the movements of the police or other peace officers of
does not exceed 50 pesos.
the Government or of the forces of the United States Army, when the
latter are acting in aid of the Government, or acquiring or receiving
the property taken by such brigands, shall be punished by prisión 6. Arresto mayor in its minimum and medium periods, if such value
correccional in its medium period to prisión mayor in its minimum does not exceed 5 pesos.
period.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is
It shall be presumed that the person performing any of the acts committed under the circumstances enumerated in paragraph 3 of
provided in this article has performed them knowingly, unless the the next preceding article and the value of the thing stolen does not
contrary is proven. exceed 5 pesos. If such value exceeds said amount, the provisions of
any of the five preceding subdivisions shall be made applicable.
CHAPTER THREE
8. Arresto menor in its minimum period or a fine not exceeding 50
pesos, when the value of the thing stolen is not over 5 pesos, and the
Theft
offender shall have acted under the impulse of hunger, poverty, or
the difficulty of earning a livelihood for the support of himself or his
ARTICLE 308. Who are Liable for Theft. — Theft is committed by any family.
person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal
ARTICLE 310. Qualified Theft. — The crime of theft shall be punished
property of another without the latter’s consent.
by the penalties next higher in degree than those respectively
specified in the next preceding article, if committed by a domestic
Theft is likewise committed by: servant, or with grave abuse of confidence, or if the property stolen is
large cattle or consists of coconuts, or fish taken from a fishpond or
1. Any person who, having found lost property, shall fail to deliver the fishery.
same to the local authorities or to its owner;
ARTICLE 311. Theft of the Property of the National Library and
2. Any person who, after having maliciously damaged the property of National Museum. — If the property stolen be any property of the
another, shall remove or make use of the fruits or object of the National Library or of the National Museum, the penalty shall be
damage caused by him; and arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless
a higher penalty should be provided under other provisions of this
3. Any person who shall enter an enclosed estate or a field where Code, in which case, the offender shall be punished by such higher
trespass is forbidden or which belongs to another and without the penalty.
consent of its owner, shall hunt or fish upon the same or shall gather
fruits, cereals, or other forest or farm products. CHAPTER FOUR
 Usurpation 1. With unfaithfulness or abuse of confidence, namely:

ARTICLE 312. Occupation of Real Property or Usurpation of Real (a) By altering the substance, quantity, or quality of anything of value
Rights in Property. — Any person who, by means of violence against which the offender shall deliver by virtue of an obligation to do so,
or intimidation of persons, shall take possession of any real property even though such obligation be based on an immoral or illegal
or shall usurp any real rights in property belonging to another, in consideration.
addition to the penalty incurred for the acts of violence executed by
him, shall be punished by a fine of from 50 to 100 per centum of the (b) By misappropriating or converting, to the prejudice of another,
gain which he shall have obtained, but not less than 75 pesos. money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under
If the value of the gain cannot be ascertained, a fine of from 200 to any other obligation involving the duty to make delivery of or to
500 pesos shall be imposed. return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money,
ARTICLE 313. Altering Boundaries or Landmarks. — Any person who goods, or other property.
shall alter the boundary marks or monuments of towns, provinces, or
estates, or any other marks intended to designate the boundaries of (c) By taking undue advantage of the signature of the offended party
the same, shall be punished by arresto menor or a fine not exceeding in blank, and by writing any document above such signature in blank,
100 pesos, or both. to the prejudice of the offended party or any third person.

CHAPTER FIVE 2. By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the fraud:
Culpable Insolvency
(a) By using fictitious name, or falsely pretending to possess power,
ARTICLE 314. Fraudulent Insolvency. — Any person who shall abscond influence, qualifications, property, credit, agency, business or
with his property to the prejudice of his creditors, shall suffer the imaginary transactions, or by means of other similar deceits.
penalty of prisión mayor, if he be a merchant, and the penalty of
prisión correccional in its maximum period to prisión mayor in its (b) By altering the quality, fineness or weight of anything pertaining
medium period, if he be not a merchant. to his art or business.

CHAPTER SIX (c) By pretending to have bribed any Government employee, without
prejudice to the action for calumny which the offended party may
Swindling and Other Deceits deem proper to bring against the offender. In this case, the offender
shall be punished by the maximum period of the penalty.
ARTICLE 315. Swindling (Estafa). — Any person who shall defraud
another by any of the means mentioned hereinbelow shall be (d) By post-dating a check, or issuing such check in payment of an
punished by: obligation, the offender knowing that at the time he had no funds in
the bank, or the funds deposited by him in the bank were not
sufficient to cover the amount of the check, and without informing
1st. The penalty of prisión correccional in its maximum period to
the payee of such circumstances.
prisión mayor in its minimum period, if the amount of the fraud is
over 12,000 pesos but does not exceed 22,000 pesos, and if such
amount exceeds the latter sum, the penalty provided in this 3. Through any of the following fraudulent means:
paragraph shall be imposed in its maximum period, adding one year
for each additional 10,000 pesos; but the total penalty which may be (a) By inducing another, by means of deceit, to sign any document.
imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed and (b) By resorting to some fraudulent practice to insure success in a
for the purpose of the other provisions of this Code, the penalty shall gambling game.
be termed prisión mayor or reclusión temporal, as the case may be.
(c) By removing, concealing or destroying, in whole or in part, any
2nd. The penalty of prisión correccional in its minimum and medium court record, office files, document or any other papers.
periods, if the amount of the fraud is over 6,000 pesos but does not
exceed 12,000 pesos.
ARTICLE 316. Other Forms of Swindling. — The penalty of arresto
mayor in its minimum and medium periods and a fine of not less than
3rd. The penalty of arresto mayor in its maximum period to prisión the value of the damage caused and not more than three times such
correccional in its minimum period, if such amount is over 200 pesos value, shall be imposed upon:
but does not exceed 6,000 pesos; and
1. Any person who, pretending to be the owner of any real property,
4th. By arresto mayor in its medium and maximum periods, if such shall convey, sell, encumber or mortgage the same.
amount does not exceed 200 pesos, provided that in the four cases
mentioned, the fraud be committed by any of the following means:
2. Any person who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it Arson and Other Crimes Involving Destruction
from its lawful possessor, to the prejudice of the latter or any third
person. ARTICLE 320. Destructive Arson. — The penalty of reclusión temporal
in its maximum period to reclusión perpetua shall be imposed upon
4. Any person who, to the prejudice of another, shall execute any any person who shall burn:
fictitious contract.
1. Any arsenal, shipyard, storehouse or military powder or fireworks
5. Any person who shall accept any compensation given him under factory, ordnance storehouse, archives or general museum of the
the belief that it was in payment of services rendered or labor government.
performed by him, when in fact he did not actually perform such
services or labor. 2. Any passenger train or motor vehicle in motion or vessel out of
port.
6. Any person who, while being a surety in a bond given in a criminal
or civil action, without express authority from the court or before the 3. In an inhabited place, any storehouse or factory of inflammable or
cancellation of his bond or before being relieved from the obligation explosive materials.
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed
4. Any theater, church, cockpit, or other building where meetings are
the fulfillment of such obligation.
held, when occupied by a numerous assemblage.

ARTICLE 317. Swindling a Minor. — Any person who, taking advantage

ARTICLE 321. Other Forms of Arson. — When the arson consists in the
of the inexperience or emotions or feelings of a minor, to his
burning of other property and under the circumstances given
detriment, shall induce him to assume any obligation or to give any
hereunder, the offender shall be punished:
release or execute a transfer of any property right in consideration of
some loan of money, credit or other personal property, whether the
loan clearly appears in the document or is shown in any other form, 1. By reclusión temporal or reclusión perpetua, if the offender shall
shall suffer the penalty of arresto mayor and a fine of a sum ranging set fire to any building, farmhouse, warehouse, hut, shelter, or vessel
from 10 to 50 per cent of the value of the obligation contracted by in port, knowing it to be occupied at the time by one or more
the minor. persons.

ARTICLE 318. Other Deceits. — The penalty of arresto mayor and a 2. By reclusión temporal:
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 (a) If the building burned is a public building and the value of the
defraud or damage another by any other deceit not mentioned in the damage caused exceeds 6,000 pesos;
preceding articles of this chapter.
(b) If an inhabited house or any other building in which people are
Any person who, for profit or gain, shall interpret dreams, make accustomed to meet is set on fire, and the culprit did not know that
forecasts, tell fortunes, or take advantage of the credulity of the such house or building was occupied at the time, or if he shall set fire
public in any other similar manner, shall suffer the penalty of arresto to a moving freight train or motor vehicle, and the value of the
menor or a fine not exceeding 200 pesos. damage caused exceeds 6,000 pesos.

CHAPTER SEVEN 3. By prisión mayor:

Chattel Mortgage (a) If the value of the damage caused in the cases mentioned in the
next preceding subdivision does not exceed 6,000 pesos.
ARTICLE 319. Removal, Sale or Pledge of Mortgaged Property. — The
penalty or arresto mayor or a fine amounting to twice the value of (b) If a building not used as a dwelling or place of assembly, located in
the property shall be imposed upon: a populated place, is set on fire, and the damage caused exceeds
6,000 pesos.
1. Any person who shall knowingly remove any personal property
mortgaged under the Chattel Mortgage Law to any province or city (c) If a farm, sugar mill, cane mill, central, mill, bamboo groves or any
other than the one in which it was located at the time of the similar plantation is set on fire, and the damage caused exceeds 6,000
execution of the mortgage, without the written consent of the pesos.
mortgagee, or his executors, administrators or assigns.
4. By prisión correccional in its maximum period to prisión mayor in
2. Any mortgagor who shall sell or pledge personal property already its medium period, when the damage caused exceeds 6,000 pesos
pledged, or any part thereof, under the terms of the Chattel and the following are set on fire:
Mortgage Law, without the consent of the mortgagee written on the
back of the mortgage and noted on the record thereof in the office of (a) A building used as a dwelling located in an uninhabited place; or
the register of deeds of the province where such property is located.

(b) Grain fields, pasture lands, forests, or plantings.

CHAPTER EIGHT
5. By prisión correccional in its medium period to prisión mayor in its property belonging to another shall suffer the penalties prescribed in
minimum period, when the damage caused is over 200 pesos but this chapter, even though he shall have set fire to or destroyed his
does not exceed 1,000 pesos, and any of the property referred to in own property for the purpose of committing the crime.
paragraphs (a) and (b) of the next preceding subdivision is set on fire;
but when the value of such property does not exceed 200 pesos, the ARTICLE 326. Setting Fire to Property Exclusively Owned by the
penalty next lower in degree than that prescribed in this subdivision Offender. — If the property burned shall be the exclusive property of
shall be imposed when the property burned is a building used as a the offender, he shall be punished by arresto mayor in its maximum
dwelling in an uninhabited place, and the penalty of arresto menor period to prisión correccional in its minimum period, if the arson shall
and a fine ranging from fifty to one hundred per centum of the have been committed for the purpose of defrauding or causing
damage caused shall be imposed, when the property burned consist damage to another, or if, though such purpose be lacking, said
of grain fields, pasture lands, forests or plantations. damage or prejudice shall actually have been caused, or if the thing
burned shall have been a building in an inhabited place.
6. The penalty of prisión correccional in its medium and maximum
periods, if the damage caused in the cases mentioned in paragraphs CHAPTER NINE
(b) and (c) of subdivision 3 of this article does not exceed 6,000 pesos
but is over 200.
Malicious Mischief

7. The penalty of prisión correccional in its minimum and medium

ARTICLE 327. Who are Liable for Malicious Mischief . — Any person
periods, if the damage caused in the cases mentioned in paragraphs
who shall deliberately cause to the property of another any damage
(b) and (c) of subdivision 3 of this article does not exceed 200 pesos.
not falling within the terms of the next preceding chapter shall be
guilty of malicious mischief.
ARTICLE 322. Cases of Arson Not Included in the Preceding Articles. —
Cases of arson not included in the next preceding articles shall be
ARTICLE 328. Special Cases of Malicious Mischief . — Any person who
punished:
shall cause damage to obstruct the performance of public functions,
or using any poisonous or corrosive substance; or spreading any
1. By arresto mayor in its medium and maximum periods, when the infection or contagion among cattle; or who causes damage to the
damage caused does not exceed 50 pesos; property of the National Museum or National Library, or to any
archive or registry, waterworks, road, promenade, or any other thing
2. By arresto mayor in its maximum period to prisión correccional in used in common by the public, shall be punished:
its minimum period, when the damage caused is over 50 pesos but
does not exceed 200 pesos; 1. By prisión correccional in its minimum and medium periods, if the
value of the damage caused exceeds 1,000 pesos;
3. By prisión correccional in its minimum and medium periods, if the
damage caused is over 200 pesos but does not exceed 1,000 pesos; 2. By arresto mayor, if such value does not exceed the
and abovementioned amount but is over 200 pesos; and

4. By prisión correccional in its medium and maximum periods, if it is 3. By arresto menor, if such value does not exceed 200 pesos.
over 1,000 pesos.
ARTICLE 329. Other Mischiefs. — The mischiefs not included in the
ARTICLE 323. Arson of Property of Small Value. — The arson of any next preceding article shall be punished:
uninhabited hut, storehouse, barn, shed, or any other property the
value of which does not exceed 25 pesos, committed at a time or
1. By arresto mayor in its medium and maximum periods, if the value
under circumstances which clearly exclude all danger of the fire
of the damage caused exceeds 1,000 pesos;
spreading, shall not be punished by the penalties respectively
prescribed in this chapter, but in accordance with the damage caused
and under the provisions of the following chapter. 2. By arresto mayor in its minimum and medium periods, if such value
is over 200 pesos but does not exceed 1,000 pesos; and
ARTICLE 324. Crimes Involving Destruction. — Any person who shall
cause destruction by means of explosion, discharge of electric 3. By arresto menor or fine of not less than the value of the damage
current, inundation, sinking or stranding of a vessel, intentional caused and not more than three times such value, if the amount
damaging of the engine of said vessel, taking up the rails from a involved exceeds 200 pesos or cannot be estimated.
railway track, maliciously changing railway signals for the safety of
moving trains, destroying telegraph wires and telegraph posts, or ARTICLE 330. Damages and Obstruction to Means of Communication.
those of any other system, and, in general, by using any other agency — The penalty of prisión correccional in its medium and maximum
or means of destruction as effective as those above enumerated, shall periods shall be imposed upon any person who shall damage any
be punished by reclusión temporal if the commission has endangered railway, telegraph or telephone lines.
the safety of any person; otherwise, the penalty of prisión mayor shall
be imposed. If the damage shall result in any derailment of cars, collision or other
accident, the penalty of prisión mayor shall be imposed, without
ARTICLE 325. Burning One’s Own Property as a Means to Commit prejudice to the criminal liability of the offender for the other
Arson. — Any person guilty of arson or causing great destruction of consequences of his criminal act.
For the purpose of the provisions of this article, the electric wires, ARTICLE 334. Concubinage. — Any husband who shall keep a mistress
traction cables, signal system and other things pertaining to railways, in the conjugal dwelling, or, shall have sexual intercourse, under
shall be deemed to constitute an integral part of a railway system. scandalous circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place, shall be punished by prisión
ARTICLE 331. Destroying or Damaging Statues, Public Monuments or correccional in its minimum and medium periods.
Paintings. — Any person who shall destroy or damage statues or any
other useful or ornamental public monument, shall suffer the penalty The concubine shall suffer the penalty of destierro.
of arresto mayor in its medium period to prisión correccional in its
minimum period. CHAPTER TWO

Any person who shall destroy or damage any useful or ornamental Rape and Acts of Lasciviousness
painting of a public nature shall suffer the penalty of arresto menor or
a fine not exceeding 200 pesos, or both such fine and imprisonment,
ARTICLE 335. When and How Rape is Committed. — Rape is
in the discretion of the court.
committed by having carnal knowledge of a woman under any of the
following circumstances:
CHAPTER TEN
1. By using force or intimidation;
Exemption from Criminal Liability in Crimes Against Property
2. When the woman is deprived of reason or otherwise unconscious;
ARTICLE 332. Persons Exempt from Criminal Liability. — No criminal, and
but only civil liability, shall result from the commission of the crime of
theft, swindling or malicious mischief committed or caused mutually
3. When the woman is under twelve years of age, even though
by the following persons:
neither of the circumstances mentioned in the two next preceding
paragraphs shall be present.
1. Spouses, ascendants and descendants, or relatives by affinity in the
same line;
The crime of rape shall be punished by reclusión temporal.

2. The widowed spouse with respect to the property which belonged

ARTICLE 336. Acts of Lasciviousness. — Any person who shall commit
to the deceased spouse before the same shall have passed into the
any act of lasciviousness upon other persons of either sex, under any
possession of another; and
of the circumstances mentioned in the preceding article, shall be
punished by prisión correccional.
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.
CHAPTER THREE

The exemption established by this article shall not be applicable to

Seduction, Corruption of Minors and White Slave Trade
strangers participating in the commission of the crime.

ARTICLE 337. Qualified Seduction. — The seduction of a virgin over

TITLE ELEVEN
twelve years and under eighteen years of age, committed by any
person in public authority, priest, house-servant, domestic, guardian,
Crimes Against Chastity teacher, or any person who, in any capacity, shall be entrusted with
the education or custody of the woman seduced, shall be punished by
CHAPTER ONE prisión correccional in its minimum and medium periods.

Adultery and Concubinage The penalty next higher in degree shall be imposed upon any person
who shall seduce his sister or descendant, whether or not she be a
ARTICLE 333. Who are Guilty of Adultery. — Adultery is committed by virgin or over eighteen years of age.
any married woman who shall have sexual intercourse with a man not
her husband and by the man who has carnal knowledge of her, Under the provisions of this Chapter, seduction is committed when
knowing her to be married, even if the marriage be subsequently the offender has carnal knowledge of any of the persons and under
declared void. the circumstances described herein.

Adultery shall be punished by prisión correccional in its medium and ARTICLE 338. Simple Seduction. — The seduction of a woman who is
maximum periods. single or a widow of good reputation, over twelve but under eighteen
years of age, committed by means of deceit, shall be punished by
If the person guilty of adultery committed this offense while being arresto mayor.
abandoned without justification by the offended spouse, the penalty
next lower in degree than that provided in the next preceding ARTICLE 339. Acts of Lasciviousness with the Consent of the Offended
paragraph shall be imposed. Party. — The penalty of arresto mayor shall be imposed to punish any
other acts of lasciviousness committed by the same persons and the ARTICLE 345. Civil Liability of Persons Guilty of Crimes Against
same circumstances as those provided in articles 337 and 338. Chastity. — Person guilty of rape, seduction or abduction, shall also
be sentenced:
ARTICLE 340. Corruption of Minors. — Any person who shall
habitually or with abuse of authority or confidence, promote or 1. To indemnify the offended woman.
facilitate the prostitution or corruption of persons underage to satisfy
the lust of another, shall be punished by prisión correccional in its 2. To acknowledge the offspring, unless the law should prevent him
minimum and medium periods, and if the culprit be a public officer, from so doing.
he shall also suffer the penalty of temporary absolute disqualification.
3. In every case to support the offspring.
ARTICLE 341. White Slave Trade. — The penalty of prisión
correccional in its medium and maximum periods shall be imposed
The adulterer and the concubine in the case provided for in articles
upon any person who, in any manner, or under any pretext, shall
333 and 334 may also be sentenced, in the same proceeding or in a
engage in the business or shall profit by prostitution or shall enlist the
separate civil proceeding, to indemnify for damages caused to the
services of women for the purpose of prostitution.
offended spouse.

CHAPTER FOUR
ARTICLE 346. Liability of Ascendants, Guardians, Teachers, or Other
Persons Entrusted with the Custody of the Offended Party. — The
Abduction ascendants, guardians, curators, teachers and any person who, by
abuse of authority or confidential relationship, shall cooperate as
ARTICLE 342. Forcible Abduction. — The abduction of any woman accomplices in the perpetration of the crimes embraced in chapters
against her will and with lewd designs shall be punished by reclusión second, third and fourth of this title, shall be punished as principals.
temporal.
Teachers or other persons in any other capacity entrusted with the
The same penalty shall be imposed in every case, if the female education and guidance of youth, shall also suffer the penalty of
abducted be under twelve years of age. temporary special disqualification in its maximum period to perpetual
special disqualification.
ARTICLE 343. Consented Abduction. — The abduction of a virgin over
twelve years and under eighteen years of age, carried out with her Any person falling within the terms of this article, and any other
consent and with lewd designs, shall be punished by the penalty of person guilty of corruption of minors for the benefit of another, shall
prisión correccional in its minimum and medium periods. be punished by special disqualification from filling the office of
guardian.
CHAPTER FIVE
TITLE TWELVE
Provisions Relative to the Preceding Chapters of Title Eleven
Crimes Against the Civil Status of Persons
ARTICLE 344. Prosecution of the Crimes of Adultery, Concubinage,
Seduction, Abduction, Rape and Acts of Lasciviousness. — The crimes CHAPTER ONE
of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. Simulation of Births and Usurpation of Civil Status

The offended party cannot institute criminal prosecution without ARTICLE 347. Simulation of Births, Substitution of One Child for
including both the guilty parties, if they are both alive, nor, in any Another and Concealment or Abandonment of a Legitimate Child. —
case, if he shall have consented or pardoned the offenders. The simulation of births and the substitution of one child for another
shall be punished by prisión mayor and a fine of not exceeding 1,000
The offenses of seduction, abduction, rape or acts of lasciviousness, pesos.
shall not be prosecuted except upon a complaint filed by the
offended party or her parents, grandparents, or guardian, nor, in any The same penalties shall be imposed upon any person who shall
case, if the offender has been expressly pardoned by the above conceal or abandon any legitimate child with intent to cause such
named persons, as the case may be. child to lose its civil status.

In cases of seduction, abduction, acts of lasciviousness and rape, the Any physician or surgeon or public officer who, in violation of the
marriage of the offender with the offended party shall extinguish the duties of his profession or office, shall cooperate in the execution of
criminal action or remit the penalty already imposed upon him. The any of the crimes mentioned in the two next preceding paragraphs,
provisions of this paragraph shall also be applicable to the co- shall suffer the penalties therein prescribed and also the penalty of
principals, accomplices and accessories after the fact of the temporary special disqualification.
abovementioned crimes.
ARTICLE 348. Usurpation of Civil Status. — The penalty of prisión
mayor shall be imposed upon any person who shall usurp the civil
status of another, should he do so for the purpose of defrauding the
offended party or his heirs; otherwise, otherwise, the penalty of ARTICLE 354. Requirement for Publicity. — Every defamatory
prisión correccional in its medium and maximum periods shall be imputation is presumed to be malicious, even if it be true, if no good
imposed. intention and justifiable motive for making it is shown, except in the
following cases:
CHAPTER TWO
1. A private communication made by any person to another in the
Illegal Marriages performance of any legal, moral or social duty; and

ARTICLE 349. Bigamy. — The penalty of prisión mayor shall be 2. A fair and true report, made in good faith, without any comments
imposed upon any person who shall contract a second or subsequent or remarks, of any judicial, legislative or other official proceedings
marriage before the former marriage has been legally dissolved, or which are not of confidential nature, or of any statement, report or
before the absent spouse has been declared presumptively dead by speech delivered in said proceedings, or of any other act performed
means of a judgment rendered in the proper proceedings. by public officers in the exercise of their functions.

ARTICLE 350. Marriage Contracted Against Provisions of Laws. — The ARTICLE 355. Libel by Means of Writing or Similar Means. — A libel
penalty of prisión correccional in its medium and maximum periods committed by means of writing, printing, lithography, engraving,
shall be imposed upon any person who, without being included in the radio, phonograph, painting, theatrical exhibition, cinematographic
provisions of the next preceding article, shall contract marriage exhibition, or any similar means, shall be punished by prisión
knowing that the requirements of the law have not been complied correccional in its minimum and medium periods or a fine ranging
with or that the marriage is in disregard of a legal impediment. from 200 to 6,000 pesos, or both, in addition to the civil action which
may be brought by the offended party.
If either of the contracting parties shall obtain the consent of the
other by means of violence, intimidation or fraud, he shall be ARTICLE 356. Threatening to Publish and Offer to Prevent Such
punished by the maximum period of the penalty provided in the next Publication for a Compensation. — The penalty of arresto mayor or a
preceding paragraph. fine of from 200 to 2,000 pesos, or both, shall be imposed upon any
person who threatens another to publish a libel concerning him or
the parents, spouse, child, or other members of the family of the
ARTICLE 351. Premature Marriages. — Any widow who shall marry
latter, or upon anyone who shall offer to prevent the publication of
within three hundred and one days from the date of the death of her
such libel for a compensation or money consideration.
husband, or before having delivered if she shall have been pregnant
at the time of his death, shall be punished by arresto mayor and fine
not exceeding 500 pesos. ARTICLE 357. Prohibited Publication of Acts Referred to in the Course
of Official Proceedings. — The penalty of arresto mayor or a fine of
from 200 to 2,000 pesos, or both, shall be imposed upon any
The same penalties shall be imposed upon any woman whose
reporter, editor or manager of a newspaper, daily or magazine, who
marriage shall have been annulled or dissolved, if she shall marry
shall publish facts connected with the private life of another and
before her delivery or before the expiration of the period of three
offensive to the honor, virtue and reputation of said person, even
hundred and one days after the legal separation.
though said publication be made in connection with or under the
pretext that it is necessary in the narration of any judicial or
ARTICLE 352. Performance of Illegal Marriage Ceremony. — Priests or administrative proceedings wherein such facts have been mentioned.
ministers of any religious denomination or sect, or civil authorities
who shall perform or authorize any illegal marriage ceremony shall be
ARTICLE 358. Slander. — Oral defamation shall be punished by
punished in accordance with the provisions of the marriage law.
arresto mayor in its maximum period to prisión correccional in its
minimum period if it is of a serious and insulting nature; otherwise
TITLE THIRTEEN the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Crimes Against Honor ARTICLE 359. Slander by Deed. — The penalty of arresto mayor in its
maximum period to prisión correccional in its minimum period or a
CHAPTER ONE fine ranging from 200 to 1,000 pesos shall be imposed upon any
person who shall perform any act not included and punished in this
Libel 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 200 pesos.
SECTION ONE
SECTION TWO
Definitions, Forms and Punishment of this Crime
General Provisions
ARTICLE 353. Definition of Libel. — A libel is a public and malicious
imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstance tending to cause the ARTICLE 360. Persons Responsible. — Any person who shall publish,
dishonor, discredit, or contempt of a natural or juridical person, or to exhibit or cause the publication or exhibition of any defamation in
blacken the memory of one who is dead. writing or by similar means, shall be responsible for the same.
The author or editor of a book or pamphlet, or the editor or business intentional, would constitute a grave felony, shall suffer the penalty
manager of a daily newspaper, magazine or serial publication, shall be of arresto mayor in its maximum period to prisión correccional in its
responsible for the defamation contained therein to the same extent medium period; if it would have constituted a less grave felony, the
as if he were the author thereof. penalty of arresto mayor in its minimum and medium periods shall be
imposed.
The criminal action and the civil action for damages in cases of
written defamation, as provided in this chapter, may be filed Any person who, by simple imprudence or negligence, shall commit
simultaneously or separately with the Court of First Instance of the an act which would otherwise constitute a grave felony, shall suffer
province wherein the libel was published, displayed or exhibited, the penalty of arresto mayor in its medium and maximum periods; if
regardless of the place where the same was written, printed or it would have constituted a less serious felony, the penalty of arresto
composed. mayor in its minimum period shall be imposed.

No criminal action for defamation which consists in the imputation of When the execution of the act covered by this article shall have only
a crime which cannot be prosecuted de officio shall be brought resulted in damage to the property of another, the offender shall be
except at the instance of and upon complaint expressly filed by the punished by a fine ranging from an amount equal to the value of said
offended party. damages to three times such value, but which shall in no case be less
than 25 pesos.
ARTICLE 361. Proof of the Truth. — In every criminal prosecution for
libel, the truth may be given in evidence to the court and if it appears A fine not exceeding 200 pesos and censure shall be imposed upon
that the matter charged as libelous is true, and, moreover, that it was any person who, by simple imprudence or negligence, shall cause
published with good motives and for justifiable ends, the defendants some wrong which, if done maliciously, would have constituted a light
shall be acquitted. felony.

Proof of the truth of an imputation of an act or omission not In the imposition of these penalties, the court shall exercise their
constituting a crime shall not be admitted, unless the imputation shall sound discretion, without regard to the rules prescribed in article 62.
have been made against Government employees with respect to facts
related to the discharge of their official duties. The provisions contained in this article shall not be applicable:

In such cases if the defendant proves the truth of the imputation 1. When the penalty provided for the offense is equal to or lower
made by him, he shall be acquitted. than those provided in the first two paragraphs of this article, in
which case the court shall impose the penalty next lower in degree
ARTICLE 362. Libelous Remarks. — Libelous remarks or comments than that which should be imposed, in the period which they may
connected with the matter privileged under the provisions of article deem proper to apply.
354, if made with malice, shall not exempt the author thereof nor the
editor or managing editor of a newspaper from criminal liability. 2. When, by imprudence or negligence and with violation of the
Automobile Law, the death of a person shall be caused, in which case
CHAPTER TWO the defendant shall be punished by prisión correccional in its medium
and maximum periods.
Incriminatory Machinations
Reckless imprudence consists in voluntary, but without malice, doing
ARTICLE 363. Incriminating Innocent Person. — Any person who, by or falling to do an act from which material damage results by reason
any act not constituting perjury, shall directly incriminate or impute of inexcusable lack of precaution on the part of the person
to an innocent person the commission of a crime, shall be punished performing or failing to perform such act, taking into consideration
by arresto mayor. his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and place.
ARTICLE 364. Intriguing Against Honor. — The penalty of arresto
menor or fine not exceeding 200 pesos shall be imposed for any Simple imprudence consists in the lack of precaution displayed in
intrigue which has for its principal purpose to blemish the honor or those cases in which the damage impending to be caused is not
reputation of a person. immediate nor the danger clearly manifest

TITLE FOURTEEN

Quasi Offenses

SOLE CHAPTER

Criminal Negligence

ARTICLE 365. Imprudence and Negligence. — Any person who, by

reckless imprudence, shall commit any act which, had it been