ACT No 3815 Revised Penal Code

7/31/2019 ACT No 3815 Revised Penal Code

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T No. 3815 (December 8, 1930)

AN ACT REVISING THE PENAL CODE AND

OTHER PENAL LAWS

liminary Article - This law shall be known as "The

vised Penal Code."

OK ONE

NERAL PROVISIONS REGARDING THE

TE OF ENFORCEMENT AND APPLICATION

THE PROVISIONS OF THIS CODE, ANDGARDING THE OFFENSES, THE PERSONS

ABLE AND THE PENALTIES

liminary Title

TE OF EFFECTIVENESS AND APPLICATION

THE PROVISIONS OF THIS CODE

ticle 1.Time when Act takes effect. - This Code shalle effect on the first day of January, nineteen hundred

thirty-two.

ticle 2.Application of its provisions. - Except as

vided in the treaties and laws of preferentiallication, the provisions of this Code shall be enforced

only within the Philippine Archipelago, including its

mosphere, its interior waters and maritime zone, buto outside of its jurisdiction, against those who:

1. Should commit an offense while on a

Philippine ship or airship

2. Should forge or counterfeit any coin or

currency note of the Philippine Islands orobligations and securities issued by the

Government of the Philippine Islands;

3. Should be liable for acts connected with the

introduction into these islands of the obligations
http://www.lawphil.net/legalink/legalink.html


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and securities mentioned in the presiding

number;

4. While being public officers or employees,

should commit an offense in the exercise of theirfunctions; or

5. Should commit any of the crimes against

national security and the law of nations, defined

in Title One of Book Two of this Code.

le One

LONIES AND CIRCUMSTANCES WHICH

FECT CRIMINAL LIABILITY

apter One

LONIES

ticle 3.Definitions. - Acts and omissions punishable

law are felonies (delitos).

onies are committed not only be means of deceit

lo) but also by means of fault (culpa).

ere is deceit when the act is performed with deliberate

ent and there is fault when the wrongful act resultsm imprudence, negligence, lack of foresight, or lack

kill.

ticle 4.Criminal liability. - Criminal liability shall be

urred:

1. By any person committing a felony (delito)

although the wrongful act done be different fromthat which he intended.

2. By any person performing an act which wouldbe an offense against persons or property, were it

not for the inherent impossibility of itsaccomplishment or an account of the

employment of inadequate or ineffectual means.

ticle 5.Duty of the court in connection with acts

ch should be repressed but which are not covered by


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law, and in cases of excessive penalties. - Whenever

ourt has knowledge of any act which it may deem

per to repress and which is not punishable by law, itll render the proper decision, and shall report to the

ef Executive, through the Department of Justice, thesons which induce the court to believe that said act

uld be made the subject of legislation.

he same way, the court shall submit to the Chief

ecutive, through the Department of Justice, such

ement as may be deemed proper, without suspendingexecution of the sentence, when a strict enforcement

he provisions of this Code would result in the

position of a clearly excessive penalty, taking into

sideration the degree of malice and the injury caused

the offense.

ticle 6.Consummated, frustrated, and attempted

onies. - Consummated felonies as well as those which

frustrated and attempted, are punishable.

elony is consummated when all the elements

essary for its execution and accomplishment are

sent; and it is frustrated when the offender performsthe acts of execution which would produce the felony

a consequence but which, nevertheless, do not

duce it by reason of causes independent of the will ofperpetrator.

ere is an attempt when the offender commences the

mmission of a felony directly or over acts, and does

perform all the acts of execution which should

duce the felony by reason of some cause or accidenter than this own spontaneous desistance.

ticle 7.When light felonies are punishable. - Light

onies are punishable only when they have been

summated, with the exception of those committedinst person or property.

ticle 8.Conspiracy and proposal to commit felony. -

nspiracy and proposal to commit felony arenishable only in the cases in which the law specially

vides a penalty therefor.


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onspiracy exists when two or more persons come to

agreement concerning the commission of a felony and

ide to commit it.

ere is proposal when the person who has decided tommit a felony proposes its execution to some other

son or persons.

ticle 9.Grave felonies, less grave felonies and light

onies. - Grave felonies are those to which the lawches the capital punishment or penalties which in any

heir periods are afflictive, in accordance with Art. 25

his Code.

s grave felonies are those which the law punishes

h penalties which in their maximum period arerectional, in accordance with the above-mentioned

..

ht felonies are those infractions of law for the

mmission of which a penalty of arrest menor or a fine

exceeding 200 pesos or both; is provided.

ticle 10.Offenses not subject to the provisions of thisde. - Offenses which are or in the future may be

nishable under special laws are not subject to the

visions of this Code. This Code shall beplementary to such laws, unless the latter shouldcially provide the contrary.

apter Two

STIFYING CIRCUMSTANCES AND

RCUMSTANCES WHICH EXEMPT FROM

RIMINAL LIABILITY

ticle 11.Justifying circumstances. - The following do

incur any criminal liability:

1. Anyone who acts in defense of his person orrights, provided that the following circumstances

concur;

First. Unlawful aggression.

Second. Reasonable necessity of the


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means employed to prevent or repel it.

Third. Lack of sufficient provocation on

the part of the person defending himself.

2. Any one who acts in defense of the person orrights of his spouse, ascendants, descendants, or

legitimate, natural or adopted brothers or sisters,

or his relatives by affinity in the same degrees

and those consanguinity within the fourth civildegree, provided that the first and second

requisites prescribed in the next preceding

circumstance are present, and the furtherrequisite, in case the revocation was given by the

person attacked, that the one making defense had

no part therein.

3. Anyone who acts in defense of the person orrights of a stranger, provided that the first and

second requisites mentioned in the first

circumstance of this Article are present and thatthe person defending be not induced by revenge,

resentment, or other evil motive.

4. Any person who, in order to avoid an evil or

injury, does not act which causes damage to

another, provided that the following requisitesare present;

First. That the evil sought to be avoided

actually exists;

Second. That the injury feared be greater

than that done to avoid it;

Third. That there be no other practical

and less harmful means of preventing it.

5. Any person who acts in the fulfillment of aduty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order

issued by a superior for some lawful purpose.

ticle 12.Circumstances which exempt from criminal


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bility. - the following are exempt from criminal

ility:

1. An imbecile or an insane person, unless the

latter has acted during a lucid interval.

When the imbecile or an insane person has

committed an act which the law defines as a

felony (delito), the court shall order his

confinement in one of the hospitals or asylumsestablished for persons thus afflicted, which he

shall not be permitted to leave without first

obtaining the permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under

fifteen, unless he has acted with discernment, in

which case, such minor shall be proceededagainst in accordance with the provisions of Art.

80 of this Code.

When such minor is adjudged to be criminally

irresponsible, the court, in conformably with theprovisions of this and the preceding paragraph,

shall commit him to the care and custody of his

family who shall be charged with his surveillanceand education otherwise, he shall be committedto the care of some institution or person

mentioned in said Art. 80.

4. Any person who, while performing a lawfulact with due care, causes an injury by mere

accident without fault or intention of causing it.

5. Any person who act under the compulsion of

irresistible force.

6. Any person who acts under the impulse of anuncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act

required by law, when prevented by some lawful

insuperable cause.


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apter Three

RCUMSTANCES WHICH MITIGATE

RIMINAL LIABILITY

ticle 13.Mitigating circumstances. - The followingmitigating circumstances;

1. Those mentioned in the preceding chapter,

when all the requisites necessary to justify or to

exempt from criminal liability in the respectivecases are not attendant.

2. That the offender is under eighteen year of age

or over seventy years. In the case of the minor,

he shall be proceeded against in accordance with

the provisions of Art. 80.

3. That the offender had no intention to commit

so grave a wrong as that committed.

4. That sufficient provocation or threat on thepart of the offended party immediately preceded

the act.

5. That the act was committed in the immediate

vindication of a grave offense to the one

committing the felony (delito), his spouse,ascendants, or relatives by affinity within the

same degrees.

6. That of having acted upon an impulse sopowerful as naturally to have produced passion

or obfuscation.

7. That the offender had voluntarily surrendered

himself to a person in authority or his agents, orthat he had voluntarily confessed his guilt before

the court prior to the presentation of the evidencefor the prosecution;

8. That the offender is deaf and dumb, blind or

otherwise suffering some physical defect which

thus restricts his means of action, defense, or

communications with his fellow beings.


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9. Such illness of the offender as would diminish

the exercise of the will-power of the offender

without however depriving him of theconsciousness of his acts.

10. And, finally, any other circumstances of a

similar nature and analogous to those above

mentioned.

apter Four

RCUMSTANCE WHICH AGGRAVATE

RIMINAL LIABILITY

ticle 14.Aggravating circumstances. - The following

aggravating circumstances:

1. That advantage be taken by the offender of his

public position.

2. That the crime be committed in contempt or

with insult to the public authorities.

3. That the act be committed with insult or indisregard of the respect due the offended party on

account of his rank, age, or sex, or that is be

committed in the dwelling of the offended party,

if the latter has not given provocation.

4. That the act be committed with abuse of

confidence or obvious ungratefulness.

5. That the crime be committed in the palace ofthe Chief Executive or in his presence, or where

public authorities are engaged in the discharge of

their duties, or in a place dedicated to religious

worship.

6. That the crime be committed in the night time,or in an uninhabited place, or by a band,

whenever such circumstances may facilitate thecommission of the offense.

Whenever more than three armed malefactors

shall have acted together in the commission of an

offense, it shall be deemed to have been


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committed by a band.

7. That the crime be committed on the occasion

of a conflagration, shipwreck, earthquake,

epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of

armed men or persons who insure or afford

impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial forone crime, shall have been previously convicted

by final judgment of another crime embraced in

the same title of this Code.

10. That the offender has been previouslypunished by an offense to which the law attaches

an equal or greater penalty or for two or more

crimes to which it attaches a lighter penalty.

11. That the crime be committed in considerationof a price, reward, or promise.

12. That the crime be committed by means of

inundation, fire, poison, explosion, stranding of avessel or international damage thereto,

derailment of a locomotive, or by the use of any

other artifice involving great waste and ruin.

13. That the act be committed with evidencepremeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength,

or means be employed to weaken the defense.

16. That the act be committed with treachery(alevosia).

There is treachery when the offender commits

any of the crimes against the person, employing

means, methods, or forms in the execution


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thereof which tend directly and specially to

insure its execution, without risk to himself

arising from the defense which the offendedparty might make.

17. That means be employed or circumstances

brought about which add ignominy to the natural

effects of the act.

18. That the crime be committed after anunlawful entry.

There is an unlawful entry when an entrance of a

crime a wall, roof, floor, door, or window be

broken.

20. That the crime be committed with the aid of

persons under fifteen years of age or by means of

motor vehicles, motorized watercraft, airships, orother similar means. (As amended by RA 5438).

21. That the wrong done in the commission of

the crime be deliberately augmented by causing

other wrong not necessary for its commissions.

apter Five

TERNATIVE CIRCUMSTANCES

ticle 15.Their concept. - Alternative circumstances

those which must be taken into consideration as

ravating or mitigating according to the nature andects of the crime and the other conditions attending its

mmission. They are the relationship, intoxication and

degree of instruction and education of the offender.

e alternative circumstance of relationship shall been into consideration when the offended party in the

use, ascendant, descendant, legitimate, natural, orpted brother or sister, or relative by affinity in theme degrees of the offender.

e intoxication of the offender shall be taken into

sideration as a mitigating circumstances when the

ender has committed a felony in a state ofoxication, if the same is not habitual or subsequent to


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plan to commit said felony but when the intoxication

abitual or intentional, it shall be considered as an

ravating circumstance.

le Two

RSONS CRIMINALLY LIABLE FOR

LONIES

ticle 16.Who are criminally liable. - The following

criminally liable for grave and less grave felonies:

1. Principals.

2. Accomplices.

3. Accessories.

e following are criminally liable for light felonies:

1. Principals

2. Accomplices.

ticle 17.Principals. - The following are consideredncipals:

1. Those who take a direct part in the execution

of the act;

2. Those who directly force or induce others to

commit it;

3. Those who cooperate in the commission of the

offense by another act without which it would

not have been accomplished.

ticle 18.Accomplices. - Accomplices are thosesons who, not being included in Article 17, cooperate

he execution of the offense by previous or

ultaneous acts.

ticle 19.Accessories. - Accessories are those who,ing knowledge of the commission of the crime, and

hout having participated therein, either as principals


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accomplices, take part subsequent to its commission

any of the following manners:

1. By profiting themselves or assisting the

offender to profit by the effects of the crime.

2. By concealing or destroying the body of the

crime, or the effects or instruments thereof, in

order to prevent its discovery.

3. By harboring, concealing, or assisting in theescape of the principals of the crime, provided

the accessory acts with abuse of his public

functions or whenever the author of the crime is

guilty of treason, parricide, murder, or an attempt

to take the life of the Chief Executive, or isknown to be habitually guilty of some other

crime.

ticle 20.Accessories who are exempt from criminalbility. - The penalties prescribed for accessories shall

be imposed upon those who are such with respect to

r spouses, ascendants, descendants, legitimate,ural, and adopted brothers and sisters, or relatives by

nity within the same degrees, with the single

eption of accessories falling within the provisions of

agraph 1 of the next preceding article.

le Three

E N A L T I E S

apter One

NALTIES IN GENERAL

ticle 21.Penalties that may be imposed. - No felonyll be punishable by any penalty not prescribed by law

or to its commission.

ticle 22.Retroactive effect of penal laws. - Penalws shall have a retroactive effect insofar as they favor

persons guilty of a felony, who is not a habitual

minal, as this term is defined in Rule 5 of Article 62

his Code, although at the time of the publication ofh laws a final sentence has been pronounced and the


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vict is serving the same.

ticle 23.Effect of pardon by the offended party. - A

don of the offended party does not extinguish

minal action except as provided in Article 344 of thisde; but civil liability with regard to the interest of the

ured party is extinguished by his express waiver.

ticle 24.Measures of prevention or safety which are

considered penalties. - The following shall not besidered as penalties:

1. The arrest and temporary detention of accused

persons, as well as their detention by reason of

insanity or imbecility, or illness requiring their

confinement in a hospital.

2. The commitment of a minor to any of the

institutions mentioned in Article 80 and for thepurposes specified therein.

3. Suspension from the employment of public

office during the trial or in order to institute

proceedings.

4. Fines and other corrective measures which, in

the exercise of their administrative disciplinarypowers, superior officials may impose upon their

subordinates.

5. Deprivation of rights and the reparationswhich the civil laws may establish in penal form.

apter Two

ASSIFICATION OF PENALTIES

ticle 25.Penalties which may be imposed. - The

alties which may be imposed according to this Code,their different classes, are those included in the

owing:

le

ncipal Penalties


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Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,Perpetual or temporary absolute

disqualification,

Perpetual or temporary specialdisqualification,

Prision mayor.

Correctional penalties:

Prision correccional,

Arresto mayor,Suspension,

Destierro.

Light penalties:

Arresto menor,Public censure.

Penalties common to the three preceding classes:

Fine, and

Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,Perpetual or temporary special disqualification,

Suspension from public office, the right to vote

and be voted for, the profession or calling.

Civil interdiction,Indemnification,

Forfeiture or confiscation of instruments andproceeds of the offense,

Payment of costs.

ticle 26.When afflictive, correctional, or light

alty. - A fine, whether imposed as a single of as an


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rnative penalty, shall be considered an afflictive

alty, if it exceeds 6,000 pesos; a correctional penalty,

does not exceed 6,000 pesos but is not less than 200os; and a light penalty if it less than 200 pesos.

apter Three

RATION AND EFFECTS OF PENALTIES

tion One. -Duration of Penalties

ticle 27.Reclusion perpetua. - Any person sentencedany of the perpetual penalties shall be pardoned after

dergoing the penalty for thirty years, unless such

son by reason of his conduct or some other serious

se shall be considered by the Chief Executive as

worthy of pardon.

clusion temporal. - The penalty of reclusion temporal

ll be from twelve years and one day to twenty years.

sion mayor and temporary disqualification. - Theation of the penalties of prision mayor and temporary

qualification shall be from six years and one day to

lve years, except when the penalty of disqualificationmposed as an accessory penalty, in which case its

ation shall be that of the principal penalty.

sion correccional, suspension, and destierro. - The

ation of the penalties of prision correccional,pension and destierro shall be from six months and

day to six years, except when suspension is imposed

an accessory penalty, in which case, its duration shallthat of the principal penalty.

esto mayor. - The duration of the penalty ofarresto

yorshall be from one month and one day to six

nths.

esto menor. - The duration of the penalty ofarrestonorshall be from one day to thirty days.

nd to keep the peace. - The bond to keep the peace

ll be required to cover such period of time as the

rt may determine.


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ticle 28.Computation of penalties. - If the offender

ll be in prison, the term of the duration of the

mporary penalties shall be computed from the day onich the judgment of conviction shall have become

al.

he offender be not in prison, the term of the duration

he penalty consisting of deprivation of liberty shallcomputed from the day that the offender is placed at

disposal of the judicial authorities for the

orcement of the penalty. The duration of the otheralties shall be computed only from the day on which

defendant commences to serve his sentence.

ticle 29.Period of preventive imprisonment deducted

m term of imprisonment. - Offenders who havedergone preventive imprisonment shall be credited in

service of their sentence consisting of deprivation of

erty, with the full time during which they have

dergone preventive imprisonment, if the detentionsoner agrees voluntarily in writing to abide by the

me disciplinary rules imposed upon convicted

soners, except in the following cases:

1. When they are recidivists or have been

convicted previously twice or more times of any

crime; and

2. When upon being summoned for the executionof their sentence they have failed to surrender

voluntarily.

he detention prisoner does not agree to abide by the

me disciplinary rules imposed upon convictedsoners, he shall be credited in the service of his

tence with four-fifths of the time during which he has

dergone preventive imprisonment. (As amended by

public Act 6127, June 17, 1970).

enever an accused has undergone preventive

prisonment for a period equal to or more than the

sible maximum imprisonment of the offense chargedwhich he may be sentenced and his case is not yet

minated, he shall be released immediately without

judice to the continuation of the trial thereof or the


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ceeding on appeal, if the same is under review. In

e the maximum penalty to which the accused may be

tenced is destierro, he shall be released after thirty) days of preventive imprisonment. (As amended by

O. No. 214, July 10, 1988).

tion Two. -Effects of the penalties according to

ir respective nature

ticle 30.Effects of the penalties of perpetual orporary absolute disqualification. - The penalties of

petual or temporary absolute disqualification for

blic office shall produce the following effects:

1. The deprivation of the public offices and

employments which the offender >may have heldeven if conferred by popular election.

2. The deprivation of the right to vote in anyelection for any popular office or to be elected to

such office.

3. The disqualification for the offices or public

employments and for the exercise of any of therights mentioned.

In case of temporary disqualification, suchdisqualification as is comprised in paragraphs 2

and 3 of this article shall last during the term ofthe sentence.

4. The loss of all rights to retirement pay or other

pension for any office formerly held.

ticle 31.Effect of the penalties of perpetual or

porary special disqualification. - The penalties ofpetual or temporal special disqualification for public

ce, profession or calling shall produce the followingects:

1. The deprivation of the office, employment,

profession or calling affected;

2. The disqualification for holding similar offices

or employments either perpetually or during the


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term of the sentence according to the extent of

such disqualification.

ticle 32.Effect of the penalties of perpetual or

porary special disqualification for the exercise of theht of suffrage. - The perpetual or temporary special

qualification for the exercise of the right of suffrage

ll deprive the offender perpetually or during the termhe sentence, according to the nature of said penalty,

he right to vote in any popular election for any public

ce or to be elected to such office. Moreover, theender shall not be permitted to hold any public office

ing the period of his disqualification.

ticle 33.Effects of the penalties of suspension from

public office, profession or calling, or the right offrage. - The suspension from public office, profession

calling, and the exercise of the right of suffrage shall

qualify the offender from holding such office or

rcising such profession or calling or right of suffrageing the term of the sentence.

e person suspended from holding public office shall

hold another having similar functions during theiod of his suspension.

ticle 34.Civil interdiction. - Civil interdiction shallrive the offender during the time of his sentence of

rights of parental authority, or guardianship, either ashe person or property of any ward, of marital

hority, of the right to manage his property and of the

ht to dispose of such property by any act or any

veyance inter vivos.

ticle 35.Effects of bond to keep the peace. - It shall be

duty of any person sentenced to give bond to keep

peace, to present two sufficient sureties who shall

dertake that such person will not commit the offenseght to be prevented, and that in case such offense be

mmitted they will pay the amount determined by the

rt in the judgment, or otherwise to deposit suchount in the office of the clerk of the court to guarantee

d undertaking.

e court shall determine, according to its discretion, the


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iod of duration of the bond.

ould the person sentenced fail to give the bond as

uired he shall be detained for a period which shall in

case exceed six months, is he shall have beensecuted for a grave or less grave felony, and shall not

eed thirty days, if for a light felony.

ticle 36.Pardon; its effect. - A pardon shall not work

restoration of the right to hold public office, or theht of suffrage, unless such rights be expressly restored

the terms of the pardon.

ardon shall in no case exempt the culprit from the

ment of the civil indemnity imposed upon him by the

tence.

ticle 37.Cost; What are included. - Costs shall

lude fees and indemnities in the course of the judicialceedings, whether they be fixed or unalterable

ounts previously determined by law or regulations in

ce, or amounts not subject to schedule.

ticle 38.Pecuniary liabilities; Order of payment. - Ine the property of the offender should not be sufficient

the payment of all his pecuniary liabilities, the same

ll be met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.

4. The cost of the proceedings.

ticle 39.Subsidiary penalty. - If the convict has no

perty with which to meet the fine mentioned in theagraph 3 of the nest preceding article, he shall beject to a subsidiary personal liability at the rate of one

for each eight pesos, subject to the following rules:

1. If the principal penalty imposed be prisioncorreccional or arresto and fine, he shall remain

under confinement until his fine referred to in the


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preceding paragraph is satisfied, but his

subsidiary imprisonment shall not exceed one-

third of the term of the sentence, and in no caseshall it continue for more than one year, and no

fraction or part of a day shall be counted againstthe prisoner.

2. When the principal penalty imposed be only afine, the subsidiary imprisonment shall not

exceed six months, if the culprit shall have been

prosecuted for a grave or less grave felony, andshall not exceed fifteen days, if for a light felony.

3. When the principal imposed is higher than

prision correccional, no subsidiary imprisonment

shall be imposed upon the culprit.

4. If the principal penalty imposed is not to beexecuted by confinement in a penal institution,

but such penalty is of fixed duration, the convict,

during the period of time established in thepreceding rules, shall continue to suffer the same

deprivations as those of which the principal

penalty consists.

5. The subsidiary personal liability which the

convict may have suffered by reason of hisinsolvency shall not relieve him, from the fine in

case his financial circumstances should improve.(As amended by RA 5465, April 21, 1969).

tion Three. -Penalties in which other accessory

alties are inherent

ticle 40.Death; Its accessory penalties. - The death

alty, when it is not executed by reason ofmmutation or pardon shall carry with it that of

petual absolute disqualification and that of civilerdiction during thirty years following the datetence, unless such accessory penalties have been

ressly remitted in the pardon.

ticle 41.Reclusion perpetua and reclusion temporal;

eir accessory penalties. - The penalties of reclusionpetua and reclusion temporal shall carry with them


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t of civil interdiction for life or during the period of

sentence as the case may be, and that of perpetual

olute disqualification which the offender shall suffern though pardoned as to the principal penalty, unless

same shall have been expressly remitted in thedon.

ticle 42.Prision mayor; Its accessory penalties. - Thealty of prision mayor, shall carry with it that of

mporary absolute disqualification and that of perpetual

cial disqualification from the right of suffrage whichoffender shall suffer although pardoned as to the

ncipal penalty, unless the same shall have been

ressly remitted in the pardon.

ticle 43.Prision correccional; Its accessoryalties. - The penalty of prision correccional shall

ry with it that of suspension from public office, from

right to follow a profession or calling, and that of

petual special disqualification from the right offrage, if the duration of said imprisonment shall

eed eighteen months. The offender shall suffer the

qualification provided in the article althoughdoned as to the principal penalty, unless the same

ll have been expressly remitted in the pardon.

ticle 44.Arresto; Its accessory penalties. - Thealty of arresto shall carry with it that of suspension ofright too hold office and the right of suffrage during

term of the sentence.

ticle 45.Confiscation and forfeiture of the proceeds

nstruments of the crime. - Every penalty imposed forcommission of a felony shall carry with it the

feiture of the proceeds of the crime and the

ruments or tools with which it was committed.

ch proceeds and instruments or tools shall befiscated and forfeited in favor of the Government,

ess they be property of a third person not liable for

offense, but those articles which are not subject offul commerce shall be destroyed.

apter Four


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PLICATION OF PENALTIES

tion One. -Rules for the application of penalties to

persons criminally liable and for the graduation of

same.

ticle 46.Penalty to be imposed upon principals ineral. - The penalty prescribed by law for the

mmission of a felony shall be imposed upon the

ncipals in the commission of such felony.

enever the law prescribes a penalty for a felony is

eral terms, it shall be understood as applicable to the

summated felony.

ticle 47.In what cases the death penalty shall not beposed. - The death penalty shall be imposed in all

es in which it must be imposed under existing laws,

ept in the following cases:

1. When the guilty person be more than seventyyears of age.

2. When upon appeal or revision of the case by

the Supreme court, all the members thereof are

not unanimous in their voting as to the propriety

of the imposition of the death penalty. For theimposition of said penalty or for the confirmation

of a judgment of the inferior court imposing thedeath sentence, the Supreme Court shall render

its decision per curiam, which shall be signed by

all justices of said court, unless some member ormembers thereof shall have been disqualified

from taking part in the consideration of the case,

in which even the unanimous vote and signature

of only the remaining justices shall be required.

ticle 48.Penalty for complex crimes. - When a singleconstitutes two or more grave or less grave felonies,

when an offense is a necessary means for committing

other, the penalty for the most serious crime shall beposed, the same to be applied in its maximum period.

ticle 49.Penalty to be imposed upon the principals

en the crime committed is different from that


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ended. - In cases in which the felony committed is

ferent from that which the offender intended to

mmit, the following rules shall be observed:

1. If the penalty prescribed for the felonycommitted be higher than that corresponding to

the offense which the accused intended to

commit, the penalty corresponding to the lattershall be imposed in its maximum period.

2. If the penalty prescribed for the felony

committed be lower than that corresponding to

the one which the accused intended to commit,the penalty for the former shall be imposed in its

maximum period.

3. The rule established by the next preceding

paragraph shall not be applicable if the actscommitted by the guilty person shall also

constitute an attempt or frustration of another

crime, if the law prescribes a higher penalty foreither of the latter offenses, in which case the

penalty provided for the attempted or the

frustrated crime shall be imposed in its maximumperiod.

ticle 50.Penalty to be imposed upon principals of astrated crime. - The penalty next lower in degree than

t prescribed by law for the consummated felony shallmposed upon the principal in a frustrated felony.

ticle 51.Penalty to be imposed upon principals of

empted crimes. - A penalty lower by two degrees than

t prescribed by law for the consummated felony shallmposed upon the principals in an attempt to commit

elony.

ticle 52.Penalty to be imposed upon accomplices insummated crime. - The penalty next lower in degreen that prescribed by law for the consummated shall be

posed upon the accomplices in the commission of a

summated felony.

ticle 53.Penalty to be imposed upon accessories tocommission of a consummated felony. - The penalty


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wer by two degrees than that prescribed by law for the

summated felony shall be imposed upon the

essories to the commission of a consummated felony.

ticle 54.Penalty to imposed upon accomplices in astrated crime. - The penalty next lower in degree than

scribed by law for the frustrated felony shall be

posed upon the accomplices in the commission of astrated felony.

ticle 55.Penalty to be imposed upon accessories of a

strated crime. - The penalty lower by two degrees

n that prescribed by law for the frustrated felony shallmposed upon the accessories to the commission of a

strated felony.

ticle 56.Penalty to be imposed upon accomplices in

attempted crime. - The penalty next lower in degreen that prescribed by law for an attempt to commit a

ony shall be imposed upon the accomplices in an

mpt to commit the felony.

ticle 57.Penalty to be imposed upon accessories ofattempted crime. - The penalty lower by two degrees

n that prescribed by law for the attempted felony shall

mposed upon the accessories to the attempt to

mmit a felony.

ticle 58.Additional penalty to be imposed upon

tain accessories. - Those accessories falling within

terms of paragraphs 3 of Article 19 of this Code whould act with abuse of their public functions, shall

fer the additional penalty of absolute perpetual

qualification if the principal offender shall be guiltya grave felony, and that of absolute temporary

qualification if he shall be guilty of a less grave

ony.

ticle 59.Penalty to be imposed in case of failure tommit the crime because the means employed or the

s sought are impossible. - When the person intending

ommit an offense has already performed the acts forexecution of the same but nevertheless the crime was

produced by reason of the fact that the act intended

s by its nature one of impossible accomplishment or


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ause the means employed by such person are

entially inadequate to produce the result desired by

m, the court, having in mind the social danger and theree of criminality shown by the offender, shall

pose upon him the penalty ofarresto mayoror a finem 200 to 500 pesos.

ticle 60.Exception to the rules established in Articlesto 57. - The provisions contained in Articles 50 to 57,

lusive, of this Code shall not be applicable to cases in

ich the law expressly prescribes the penalty provideda frustrated or attempted felony, or to be imposed

n accomplices or accessories.

ticle 61.Rules for graduating penalties. - For the

pose of graduating the penalties which, according toprovisions of Articles 50 to 57, inclusive, of this

de, are to be imposed upon persons guilty as

ncipals of any frustrated or attempted felony, or as

omplices or accessories, the following rules shall beerved:

1. When the penalty prescribed for the felony is

single and indivisible, the penalty next lower indegrees shall be that immediately following that

indivisible penalty in the respective graduated

scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime iscomposed of two indivisible penalties, or of one

or more divisible penalties to be impose to their

full extent, the penalty next lower in degree shall

be that immediately following the lesser of thepenalties prescribed in the respective graduated

scale.

3. When the penalty prescribed for the crime is

composed of one or two indivisible penalties andthe maximum period of another divisible penalty,

the penalty next lower in degree shall be

composed of the medium and minimum periodsof the proper divisible penalty and the maximum

periods of the proper divisible penalty and the

maximum period of that immediately following


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in said respective graduated scale.

4. when the penalty prescribed for the crime is

composed of several periods, corresponding to

different divisible penalties, the penalty nextlower in degree shall be composed of the period

immediately following the minimum prescribed

and of the two next following, which shall betaken from the penalty prescribed, if possible;

otherwise from the penalty immediately

following in the above mentioned respectivegraduated scale.

5. When the law prescribes a penalty for a crime

in some manner not especially provided for in the

four preceding rules, the courts, proceeding byanalogy, shall impose corresponding penalties

upon those guilty as principals of the frustrated

felony, or of attempt to commit the same, and

upon accomplices and accessories.

TABULATION OF THE PROVISIONS OF

THE CHAPTER

PenaltyPrescribe for

the crime

Penalty to be

imposed upon theprincipal in a

frustrated crime, and

accomplice in aconsummated crime

First

CaseDeath Reclusion Perpetua

Second

Case

Reclusion

Perpetua to

Death

Reclusion Temporal

Third

Case

ReclusionTemporal in its

maximum

period to death

Prision Mayor in itsmaximum period to

reclusion temporal in

its medium period

Fourth

Case

Prision Mayor

in its maximum

Prision correccional

in its maximum


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period to

reclusion

temporal in itsmedium period.

period to prision

mayor in its medium

period.

Section Two. - Rules for the application ofpenalties with regard to the mitigating and

aggravating circumstances, and habitual

delinquency.

ticle 62.Effect of the attendance of mitigating orgravating circumstances and of habitual delinquency.

Mitigating or aggravating circumstances and habitual

nquency shall be taken into account for the purposediminishing or increasing the penalty in conformity

h the following rules:

1. Aggravating circumstances which in

themselves constitute a crime speciallypunishable by law or which are included by the

law in defining a crime and prescribing the

penalty therefor shall not be taken into account

for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any

aggravating circumstance inherent in the crime to

such a degree that it must of necessityaccompany the commission thereof.

3. Aggravating or mitigating circumstances

which arise from the moral attributes of the

offender, or from his private relations with theoffended party, or from any other personal cause,

shall only serve to aggravate or mitigate the

liability of the principals, accomplices and

accessories as to whom such circumstances areattendant.

4. The circumstances which consist in the

material execution of the act, or in the meansemployed to accomplish it, shall serve to

aggravate or mitigate the liability of those

persons only who had knowledge of them at the

time of the execution of the act or their


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cooperation therein.

5. Habitual delinquency shall have the following

effects:

(a) Upon a third conviction the culpritshall be sentenced to the penalty provided

by law for the last crime of which he be

found guilty and to the additional penalty

of prision correccional in its medium andmaximum periods;

(b) Upon a fourth conviction, the culprit

shall be sentenced to the penalty provided

for the last crime of which he be found

guilty and to the additional penalty ofprision mayor in its minimum and

medium periods; and

(c) Upon a fifth or additional conviction,

the culprit shall be sentenced to the

penalty provided for the last crime of

which he be found guilty and to theadditional penalty of prision mayor in its

maximum period to reclusion temporal in

its minimum period.

twithstanding the provisions of this article, the total oftwo penalties to be imposed upon the offender, in

formity herewith, shall in no case exceed 30 years.

the purpose of this article, a person shall be deemedbe habitual delinquent, is within a period of ten years

m the date of his release or last conviction of the

mes of serious or less serious physical injuries, robo,

to, estafa or falsification, he is found guilty of any ofd crimes a third time or oftener.

ticle 63.Rules for the application of indivisible

alties. - In all cases in which the law prescribes a

gle indivisible penalty, it shall be applied by therts regardless of any mitigating or aggravating

cumstances that may have attended the commission of

deed.


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3. When an aggravating circumstance is present

in the commission of the act, they shall impose

the penalty in its maximum period.

4. When both mitigating and aggravatingcircumstances are present, the court shall

reasonably offset those of one class against the

other according to their relative weight.

5. When there are two or more mitigatingcircumstances and no aggravating circumstances

are present, the court shall impose the penalty

next lower to that prescribed by law, in theperiod that it may deem applicable, according to

the number and nature of such circumstances.

6. Whatever may be the number and nature of the

aggravating circumstances, the courts shall notimpose a greater penalty than that prescribed by

law, in its maximum period.

7. Within the limits of each period, the court

shall determine the extent of the penaltyaccording to the number and nature of the

aggravating and mitigating circumstances and the

greater and lesser extent of the evil produced by

the crime.

ticle 65.Rule in cases in which the penalty is not

mposed of three periods. - In cases in which the

alty prescribed by law is not composed of threeiods, the courts shall apply the rules contained in the

egoing articles, dividing into three equal portions of

e included in the penalty prescribed, and forming oneiod of each of the three portions.

ticle 66.Imposition of fines. - In imposing fines the

rts may fix any amount within the limits establishedlaw; in fixing the amount in each case attention shallgiven, not only to the mitigating and aggravating

cumstances, but more particularly to the wealth or

ans of the culprit.

ticle 67.Penalty to be imposed when not all theuisites of exemption of the fourth circumstance of


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icle 12 are present. - When all the conditions required

ircumstances Number 4 of Article 12 of this Code to

mpt from criminal liability are not present, thealty ofarresto mayorin its maximum period to

sion correccional in its minimum period shall beposed upon the culprit if he shall have been guilty of a

ve felony, and arresto mayorin its minimum anddium periods, if of a less grave felony.

ticle 68.Penalty to be imposed upon a person under

hteen years of age. - When the offender is a minorder eighteen years and his case is one coming under

provisions of the paragraphs next to the last of

icle 80 of this Code, the following rules shall be

erved:

1. Upon a person under fifteen but over nine

years of age, who is not exempted from liability

by reason of the court having declared that he

acted with discernment, a discretionary penaltyshall be imposed, but always lower by two

degrees at least than that prescribed by law for

the crime which he committed.

2. Upon a person over fifteen and under eighteen

years of age the penalty next lower than that

prescribed by law shall be imposed, but alwaysin the proper period.

ticle 69.Penalty to be imposed when the crime

mmitted is not wholly excusable. - A penalty lower by

or two degrees than that prescribed by law shall be

posed if the deed is not wholly excusable by reason oflack of some of the conditions required to justify the

me or to exempt from criminal liability in the several

es mentioned in Article 11 and 12, provided that theority of such conditions be present. The courts shall

pose the penalty in the period which may be deemed

per, in view of the number and nature of theditions of exemption present or lacking.

ticle 70.Successive service of sentence. - When the

prit has to serve two or more penalties, he shall serve

m simultaneously if the nature of the penalties will so


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mit otherwise, the following rules shall be observed:

he imposition of the penalties, the order of their

pective severity shall be followed so that they may be

cuted successively or as nearly as may be possible,uld a pardon have been granted as to the penalty or

alties first imposed, or should they have been served

the purpose of applying the provisions of the nextceding paragraph the respective severity of the

alties shall be determined in accordance with the

owing scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to

vote and be voted for, the right to follow a

profession or calling, and

12. Public censure.

twithstanding the provisions of the rule next

ceding, the maximum duration of the convict's

tence shall not be more than three-fold the length ofe corresponding to the most severe of the penalties

posed upon him. No other penalty to which he may be


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le shall be inflicted after the sum total of those

posed equals the same maximum period.

ch maximum period shall in no case exceed forty

rs.

applying the provisions of this rule the duration of

petual penalties (pena perpetua) shall be computed at

ty years. (As amended).

ticle 71.Graduated scales. - In the case in which theprescribed a penalty lower or higher by one or more

rees than another given penalty, the rules prescribed

Article 61 shall be observed in graduating such

alty.

e lower or higher penalty shall be taken from the

duated scale in which is comprised the given penalty.

e courts, in applying such lower or higher penalty,

ll observe the following graduated scales:

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.


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SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the

right to vote and be voted for, the right tofollow a profession or calling,

4. Public censure,

5. Fine.

ticle 72Preference in the payment of the civil

bilities. - The civil liabilities of a person found guiltywo or more offenses shall be satisfied by following

chronological order of the dates of the judgments

dered against him, beginning with the first in order ofe.

tion Three. -Provisions common in the last two

ceding sections

ticle 73.Presumption in regard to the imposition of

essory penalties. - Whenever the courts shall impose

enalty which, by provision of law, carries with it otheralties, according to the provisions of Articles 40, 41,

43 and 44 of this Code, it must be understood that theessory penalties are also imposed upon the convict.

ticle 74.Penalty higher than reclusion perpetua in

tain cases. - In cases in which the law prescribes a

alty higher than another given penalty, withoutcially designating the name of the former, if such

her penalty should be that of death, the same penalty

the accessory penalties of Article 40, shall be

sidered as the next higher penalty.

ticle 75.Increasing or reducing the penalty of fine by

or more degrees. - Whenever it may be necessary to

rease or reduce the penalty of fine by one or morerees, it shall be increased or reduced, respectively,

each degree, by one-fourth of the maximum amount

scribed by law, without however, changing the


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nimum.

e same rules shall be observed with regard of fines

t do not consist of a fixed amount, but are made

portional.

ticle 76.Legal period of duration of divisiblealties. - The legal period of duration of divisible

alties shall be considered as divided into three parts,

ming three periods, the minimum, the medium, andmaximum in the manner shown in the following

le:

BLE SHOWING THE DURATION OF

VISIBLE PENALTIES AND THE TIME

CLUDED IN EACH OF THEIR PERIODS

Time Time

he penalty

y

included in its

minimum period

included in its medium

period

rs and 1

ars.

From 12 years and 1

day to 14 years and 8

months.

From 14 years, 8

months and 1 day to 17

years and 4 months.

s and 1 day From 6 years and 1 dayto 8 years.

From 8 years and 1 dayto 10 years.

ths and 1rs.

From 6 months and 1

day to 2 years and 4months.

From 2 years, 4 months

and 1 day to 4 yearsand 2 months.

th and 1

hs.From 1 to 2 months.

From 2 months and 1

day to 4 months.

0 days. From 1 to 10 days. From 11 to 20 days.

ticle 77.When the penalty is a complex one composedhree distinct penalties. - In cases in which the law

scribes a penalty composed of three distinct penalties,

h one shall form a period; the lightest of them shallthe minimum the next the medium, and the most


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ere the maximum period.

enever the penalty prescribed does not have one of

forms specially provided for in this Code, the periods

ll be distributed, applying by analogy the prescribedes.

apter Five

ECUTION AND SERVICE OF PENALTIES

tion One. - General Provisions

ticle 78.When and how a penalty is to be executed. -penalty shall be executed except by virtue of a final

gment.

enalty shall not be executed in any other form than

t prescribed by law, nor with any other circumstancesncidents than those expressly authorized thereby.

addition to the provisions of the law, the special

ulations prescribed for the government of the

itutions in which the penalties are to be suffered shallobserved with regard to the character of the work to

performed, the time of its performance, and other

dents connected therewith, the relations of the

victs among themselves and other persons, the reliefich they may receive, and their diet.

e regulations shall make provision for the separation

he sexes in different institutions, or at least intoferent departments and also for the correction and

orm of the convicts.

ticle 79.Suspension of the execution and service of

penalties in case of insanity. - When a convict shallome insane or an imbecile after final sentence has

n pronounced, the execution of said sentence shall bepended only with regard to the personal penalty, thevisions of the second paragraph of circumstance

mber 1 of Article 12 being observed in the

responding cases.

t any time the convict shall recover his reason, histence shall be executed, unless the penalty shall have


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scribed in accordance with the provisions of this

de.

e respective provisions of this section shall also be

erved if the insanity or imbecility occurs while thevict is serving his sentence.

ticle 80.Suspension of sentence of minor delinquents.

Whenever a minor of either sex, under sixteen years of

at the date of the commission of a grave or less graveony, is accused thereof, the court, after hearing the

dence in the proper proceedings, instead of

nouncing judgment of conviction, shall suspend allher proceedings and shall commit such minor to the

tody or care of a public or private, benevolent or

ritable institution, established under the law of thee, correction or education of orphaned, homeless,

ective, and delinquent children, or to the custody or

e of any other responsible person in any other place

ject to visitation and supervision by the Director ofblic Welfare or any of his agents or representatives, if

re be any, or otherwise by the superintendent of

blic schools or his representatives, subject to suchditions as are prescribed hereinbelow until such

nor shall have reached his majority age or for such

period as the court may deem proper. The court, in

mmitting said minor as provided above, shall take intosideration the religion of such minor, his parents or

t of kin, in order to avoid his commitment to anyvate institution not under the control and supervision

he religious sect or denomination to which they

ong.

e Director of Public Welfare or his duly authorizedresentatives or agents, the superintendent of public

ools or his representatives, or the person to whose

tody or care the minor has been committed, shall

mit to the court every four months and as often asuired in special cases, a written report on the good or

d conduct of said minor and the moral and intellectual

gress made by him.

e suspension of the proceedings against a minor may

extended or shortened by the court on the

ommendation of the Director of Public Welfare or his


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horized representative or agents, or the superintendent

public schools or his representatives, according as to

ether the conduct of such minor has been good or notwhether he has complied with the conditions

posed upon him, or not. The provisions of the firstagraph of this article shall not, however, be affected

those contained herein.

he minor has been committed to the custody or care

any of the institutions mentioned in the first paragraph

his article, with the approval of the Director of Publiclfare and subject to such conditions as this official in

ordance with law may deem proper to impose, such

nor may be allowed to stay elsewhere under the care

a responsible person.

he minor has behaved properly and has complied with

conditions imposed upon him during his

finement, in accordance with the provisions of this

cle, he shall be returned to the court in order that theme may order his final release.

case the minor fails to behave properly or to comply

h the regulations of the institution to which he hasn committed or with the conditions imposed upon

m when he was committed to the care of a responsible

son, or in case he should be found incorrigible or histinued stay in such institution should be inadvisable,shall be returned to the court in order that the same

y render the judgment corresponding to the crime

mmitted by him.

e expenses for the maintenance of a minor delinquentfined in the institution to which he has been

mmitted, shall be borne totally or partially by his

ents or relatives or those persons liable to supportm, if they are able to do so, in the discretion of the

rt; Provided, That in case his parents or relatives or

se persons liable to support him have not beenered to pay said expenses or are found indigent and

not pay said expenses, the municipality in which the

ense was committed shall pay one-third of saidenses; the province to which the municipality

ongs shall pay one-third; and the remaining one-third

ll be borne by the National Government: Provided,


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wever, That whenever the Secretary of Finance

tifies that a municipality is not able to pay its share in

expenses above mentioned, such share which is notd by said municipality shall be borne by the National

vernment. Chartered cities shall pay two-thirds of saidenses; and in case a chartered city cannot pay said

enses, the internal revenue allotments which may beto said city shall be withheld and applied in

lement of said indebtedness in accordance with

tion five hundred and eighty-eight of theministrative Code.

tion Two. -Execution of principal penalties.

ticle 81.When and how the death penalty is to be

cuted. - The death sentence shall be executed witherence to any other and shall consist in putting the

son under sentence to death by electrocution. The

th sentence shall be executed under the authority of

Director of Prisons, endeavoring so far as possible toigate the sufferings of the person under sentence

ing electrocution as well as during the proceedings

or to the execution.

he person under sentence so desires, he shall be

esthetized at the moment of the electrocution.

ticle 82.Notification and execution of the sentence

d assistance to the culprit. - The court shall designateorking day for the execution but not the hour thereof;

such designation shall not be communicated to the

ender before sunrise of said day, and the execution

ll not take place until after the expiration of at leastht hours following the notification, but before sunset.

ring the interval between the notification and the

cution, the culprit shall, in so far as possible, benished such assistance as he may request in order to

attended in his last moments by priests or ministers of

religion he professes and to consult lawyers, as welln order to make a will and confer with members of

family or persons in charge of the management of his

iness, of the administration of his property, or of thee of his descendants.

ticle 83.Suspension of the execution of the death


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tence. - The death sentence shall not be inflicted upon

oman within the three years next following the date

he sentence or while she is pregnant, nor upon anyson over seventy years of age. In this last case, the

th sentence shall be commuted to the penalty oflusion perpetua with the accessory penalties provided

Article 40.

ticle 84.Place of execution and persons who may

ness the same. - The execution shall take place in the

itentiary of Bilibid in a space closed to the publicw and shall be witnessed only by the priests assisting

offender and by his lawyers, and by his relatives, not

eeding six, if he so request, by the physician and the

essary personnel of the penal establishment, and by

h persons as the Director of Prisons may authorize.

ticle 85.Provisions relative to the corpse of the

son executed and its burial. - Unless claimed by his

mily, the corpse of the culprit shall, upon thempletion of the legal proceedings subsequent to the

cution, be turned over to the institute of learning or

entific research first applying for it, for the purpose ofdy and investigation, provided that such institute shall

e charge of the decent burial of the remains.

herwise, the Director of Prisons shall order the burial

he body of the culprit at government expense,nting permission to be present thereat to the members

he family of the culprit and the friends of the latter.no case shall the burial of the body of a person

tenced to death be held with pomp.

ticle 86.Reclusion perpetua, reclusion temporal,

sion mayor, prision correccional and arresto mayor. -e penalties of reclusion perpetua, reclusion temporal,

sion mayor, prision correccional and arresto mayor,

ll be executed and served in the places and penal

ablishments provided by the Administrative Code ince or which may be provided by law in the future.

ticle 87.Destierro. - Any person sentenced to

tierro shall not be permitted to enter the place orces designated in the sentence, nor within the radius

rein specified, which shall be not more than 250 and


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less than 25 kilometers from the place designated.

ticle 88.Arresto menor. - The penalty ofarresto

norshall be served in the municipal jail, or in the

use of the defendant himself under the surveillance ofofficer of the law, when the court so provides in its

ision, taking into consideration the health of the

ender and other reasons which may seem satisfactoryt.

le Four

TINCTION OF CRIMINAL LIABILITY

apter One

TAL EXTINCTION OF CRIMINAL LIABILITY

ticle 89.How criminal liability is totally extinguished.riminal liability is totally extinguished:

1. By the death of the convict, as to the personal

penalties and as to pecuniary penalties, liability

therefor is extinguished only when the death ofthe offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes

the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as

provided in Article 344 of this Code.

ticle 90.Prescription of crime. - Crimes punishabledeath, reclusion perpetua or reclusion temporal shall

scribe in twenty years.

mes punishable by other afflictive penalties shall


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scribe in fifteen years.

ose punishable by a correctional penalty shall

scribe in ten years; with the exception of those

nishable by arresto mayor, which shall prescribe ine years.

e crime of libel or other similar offenses shall

scribe in one year.

e crime of oral defamation and slander by deed shallscribe in six months.

ht offenses prescribe in two months.

en the penalty fixed by law is a compound one, thehest penalty shall be made the basis of the application

he rules contained in the first, second and thirdagraphs of this article. (As amended by RA 4661,

roved June 19, 1966).

ticle 91.Computation of prescription of offenses. -

e period of prescription shall commence to run fromday on which the crime is discovered by the offended

ty, the authorities, or their agents, and shall be

errupted by the filing of the complaint or information,

shall commence to run again when such proceedingsminate without the accused being convicted or

uitted, or are unjustifiably stopped for any reason notputable to him.

e term of prescription shall not run when the offender

bsent from the Philippine Archipelago.

ticle 92.When and how penalties prescribe. - The

alties imposed by final sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the

exception of the penalty ofarresto mayor, whichprescribes in five years;


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4. Light penalties, in one year.

ticle 93.Computation of the prescription of penalties.

he period of prescription of penalties shall commence

un from the date when the culprit should evade thevice of his sentence, and it shall be interrupted if the

endant should give himself up, be captured, should go

ome foreign country with which this Government hasextradition treaty, or should commit another crime

ore the expiration of the period of prescription.

apter Two

RTIAL EXTINCTION OF CRIMINAL

ABILITY

ticle 94.Partial Extinction of criminal liability. -minal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culpritmay earn while he is serving his sentence.

ticle 95.Obligation incurred by person granted

ditional pardon. - Any person who has been grantedditional pardon shall incur the obligation of

mplying strictly with the conditions imposed therein

erwise, his non-compliance with any of the conditions

cified shall result in the revocation of the pardon andprovisions of Article 159 shall be applied to him.

ticle 96.Effect of commutation of sentence. - The

mmutation of the original sentence for another of a

ferent length and nature shall have the legal effect ofstituting the latter in the place of the former.

ticle 97.Allowance for good conduct. - The good

duct of any prisoner in any penal institution shalltle him to the following deductions from the period

his sentence:

1. During the first two years of his imprisonment,

he shall be allowed a deduction of five days for


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each month of good behavior;

2. During the third to the fifth year, inclusive, of

his imprisonment, he shall be allowed a

deduction of eight days for each month of goodbehavior;

3. During the following years until the tenth year,

inclusive, of his imprisonment, he shall be

allowed a deduction of ten days for each monthof good behavior; and

4. During the eleventh and successive years of

his imprisonment, he shall be allowed a

deduction of fifteen days for each month of good

behaviour.

ticle 98.Special time allowance for loyalty. - A

uction of one-fifth of the period of his sentence shallgranted to any prisoner who, having evaded the

vice of his sentence under the circumstances

ntioned in Article 58 of this Code, gives himself up to

authorities within 48 hours following the issuance ofroclamation announcing the passing away of the

amity or catastrophe to in said article.

ticle 99.Who grants time allowances. - Wheneverfully justified, the Director of Prisons shall grantwances for good conduct. Such allowances once

nted shall not be revoked.

le Five

VIL LIABILITY

apter One

RSON CIVILLY LIABLE FOR FELONIES

ticle 100.Civil liability of a person guilty of felony. -

ery person criminally liable for a felony is also civillyle.

ticle 101.Rules regarding civil liability in certain

es. - The exemption from criminal liability

ablished in subdivisions 1, 2, 3, 5 and 6 of Article 12


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in subdivision 4 of Article 11 of this Code does not

lude exemption from civil liability, which shall be

orced subject to the following rules:

st. In cases of subdivisions 1, 2, and 3 of Article 12,civil liability for acts committed by an imbecile or

ane person, and by a person under nine years of age,

by one over nine but under fifteen years of age, whoacted without discernment, shall devolve upon those

ing such person under their legal authority or control,

ess it appears that there was no fault or negligence onr part.

ould there be no person having such insane, imbecile

minor under his authority, legal guardianship or

trol, or if such person be insolvent, said insane,becile, or minor shall respond with their own property,

epting property exempt from execution, in

ordance with the civil law.

ond. In cases falling within subdivision 4 of Articlethe persons for whose benefit the harm has been

vented shall be civilly liable in proportion to the

efit which they may have received.

e courts shall determine, in sound discretion, the

portionate amount for which each one shall be liable.

en the respective shares cannot be equitably

ermined, even approximately, or when the liability

o attaches to the Government, or to the majority of theabitants of the town, and, in all events, whenever the

mages have been caused with the consent of the

horities or their agents, indemnification shall be madehe manner prescribed by special laws or regulations.

rd. In cases falling within subdivisions 5 and 6 of

icle 12, the persons using violence or causing thers shall be primarily liable and secondarily, or, ifre be no such persons, those doing the act shall be

le, saving always to the latter that part of their

perty exempt from execution.

ticle 102.Subsidiary civil liability of innkeepers,ernkeepers and proprietors of establishments. - In


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ault of the persons criminally liable, innkeepers,

ernkeepers, and any other persons or corporations

ll be civilly liable for crimes committed in theirablishments, in all cases where a violation of

nicipal ordinances or some general or special policeulation shall have been committed by them or their

ployees.

keepers are also subsidiarily liable for the restitution

goods taken by robbery or theft within their houses

m guests lodging therein, or for the payment of theue thereof, provided that such guests shall have

ified in advance the innkeeper himself, or the person

resenting him, of the deposit of such goods within the

; and shall furthermore have followed the directions

ich such innkeeper or his representative may haveen them with respect to the care and vigilance over

h goods. No liability shall attach in case of robberyh violence against or intimidation of persons unless

mmitted by the innkeeper's employees.

ticle 103.Subsidiary civil liability of other persons. -

e subsidiary liability established in the next precedingcle shall also apply to employers, teachers, persons,

corporations engaged in any kind of industry for

onies committed by their servants, pupils, workmen,

rentices, or employees in the discharge of theiries.

apter Two

HAT CIVIL LIABILITY INCLUDES

ticle 104.What is included in civil liability. - The civilility established in Articles 100, 101, 102, and 103 of

Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

ticle 105.Restitution; How made. - The restitution of

thing itself must be made whenever possible, with

wance for any deterioration, or diminution of value


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accessories, each within their respective class, shall

liable severally (in solidum) among themselves for

r quotas, and subsidiaries for those of the othersons liable.

e subsidiary liability shall be enforced, first against

property of the principals; next, against that of the

omplices, and, lastly, against that of the accessories.

enever the liability in solidum or the subsidiaryility has been enforced, the person by whom payment

been made shall have a right of action against the

ers for the amount of their respective shares.

ticle 111.Obligation to make restitution in certain

es. - Any person who has participated gratuitously inproceeds of a felony shall be bound to make

itution in an amount equivalent to the extent of suchticipation.

apter Three

TINCTION AND SURVIVAL OF CIVIL

ABILITY

ticle 112.Extinction of civil liability. - Civil liability

ablished in Articles 100, 101, 102, and 103 of this

de shall be extinguished in the same manner asigations, in accordance with the provisions of theil Law.

ticle 113.Obligation to satisfy civil liability. - Except

ase of extinction of his civil liability as provided innext preceding article the offender shall continue to

obliged to satisfy the civil liability resulting from the

me committed by him, notwithstanding the fact that

has served his sentence consisting of deprivation oferty or other rights, or has not been required to serve

same by reason of amnesty, pardon, commutation oftence or any other reason.

OK TWO

RIMES AND PENALTIES

le One


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RIMES AGAINST NATIONAL SECURITY AND

E LAW OF NATIONS

apter One

RIMES AGAINST NATIONAL SECURITY

tion One. - Treason and espionage

ticle 114.Treason. - Any person who, owing

giance to (the United States or) the Government of

Philippine Islands, not being a foreigner, levies warinst them or adheres to their enemies, giving them aid

comfort within the Philippine Islands or elsewhere,

ll be punished by reclusion temporal to death and

ll pay a fine not to exceed P20,000 pesos.

person shall be convicted of treason unless on the

imony of two witnesses at least to the same overt act

on confession of the accused in open court.

ewise, an alien, residing in the Philippine Islands,o commits acts of treason as defined in paragraph 1 of

Article shall be punished by prision mayor to death

shall pay a fine not to exceed P20,000 pesos. (Asended by E.O. No. 44, May 31, 1945).

ticle 115.Conspiracy and proposal to commitason; Penalty. - The conspiracy or proposal to

mmit the crime of treason shall be punishedpectively, by prision mayor and a fine not exceeding

0,000 pesos, and prision correccional and a fine not

eeding P5,000 pesos.

ticle 116.Misprision of treason. - Every person owinggiance to (the United States) the Government of the

lippine Islands, without being a foreigner, and having

wledge of any conspiracy against them, conceals or

s not disclose and make known the same, as soon assible to the governor or fiscal of the province, or the

yor or fiscal of the city in which he resides, as the

e may be, shall be punished as an accessory to theme of treason.

ticle 117.Espionage. - The penalty of prision


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carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information

be given thereby which might be useful to the

enemy. If the offender intended to aid the enemyby giving such notice or information, he shall

suffer the penalty of reclusion temporal to death.

ticle 121.Flight to enemy country. - The penalty of

esto mayorshall be inflicted upon any person who,ing allegiance to the Government, attempts to flee or

to an enemy country when prohibited by competent

hority.

tion Three. -Piracy and mutiny on the high seas or

Philippine waters

ticle 122.Piracy in general and mutiny on the high

s. - The penalty of reclusion temporal shall beicted upon any person who, on the high seas, shall

ck or seize a vessel or, not being a member of its

mplement nor a passenger, shall seize the whole or

t of the cargo of said vessel, its equipment, orsonal belongings of its complement or passengers.

e same penalty shall be inflicted in case of mutiny on

high seas or in Philippine waters.

ticle 123.Qualified piracy. - The penalty of reclusionmporal to death shall be imposed upon those who

mmit any of the crimes referred to in the preceding

cle, under any of the following circumstances:

1. Whenever they have seized a vessel byboarding or firing upon the same;

2. Whenever the pirates have abandoned their

victims without means of saving themselves; or

3. Whenever the crime is accompanied bymurder, homicide, physical injuries or rape.

le Two

RIMES AGAINST THE FUNDAMENTAL LAWS


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THE STATE

apter One

RBITRARY DETENTION OR EXPULSION,OLATION OF DWELLING, PROHIBITION,

TERRUPTION, AND DISSOLUTION OF

ACEFUL MEETINGS AND CRIMES AGAINST

LIGIOUS WORSHIP

tion One. -Arbitrary detention and expulsion

ticle 124.Arbitrary detention. - Any public officer orployee who, without legal grounds, detains a person,

ll suffer;

1. The penalty ofarresto mayorin its maximum

period to prision correccional in its minimumperiod, if the detention has not exceeded three

days;

2. The penalty of prision correccional in its

medium and maximum periods, if the detentionhas continued more than three but not more than

fifteen days;

3. The penalty of prision mayor, if the detentionhas continued for more than fifteen days but not

more than six months; and

4. That of reclusion temporal, if the detention

shall have exceeded six months.

e commission of a crime, or violent insanity or anyer ailment requiring the compulsory confinement of

patient in a hospital, shall be considered legal

unds for the detention of any person.

ticle 125.Delay in the delivery of detained persons toproper judicial authorities. - The penalties provided

he next preceding article shall be imposed upon the

blic officer or employee who shall detain any personsome legal ground and shall fail to deliver such

son to the proper judicial authorities within the period

twelve (12) hours, for crimes or offenses punishable


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light penalties, or their equivalent; eighteen (18)

urs, for crimes or offenses punishable by correctional

alties, or their equivalent and thirty-six (36) hours,crimes, or offenses punishable by afflictive or capital

alties, or their equivalent. In every case, the personained shall be informed of the cause of his detention

shall be allowed upon his request, to communicateconfer at any time with his attorney or counsel. (As

ended by E.O. Nos. 59 and 272, Nov. 7, 1986 and

y 25, 1987, respectively).

ticle 126.Delaying release. - The penalties provided

in Article 124 shall be imposed upon any public

cer or employee who delays for the period of time

cified therein the performance of any judicial or

cutive order for the release of a prisoner or detentionsoner, or unduly delays the service of the notice of

h order to said prisoner or the proceedings upon anyition for the liberation of such person.

ticle 127.Expulsion. - The penalty of prision

reccional shall be imposed upon any public officer or

ployee who, not being thereunto authorized by law,ll expel any person from the Philippine Islands or

ll compel such person to change his residence.

tion Two. - Violation of domicile

ticle 128.Violation of domicile. - The penalty ofsion correccional in its minimum period shall be

posed upon any public officer or employee who, not

ng authorized by judicial order, shall enter any

elling against the will of the owner thereof, searchers or other effects found therein without the

vious consent of such owner, or having

reptitiously entered said dwelling, and being requiredeave the premises, shall refuse to do so.

he offense be committed in the night-time, or if any

ers or effects not constituting evidence of a crime be

returned immediately after the search made by theender, the penalty shall be prision correccional in its

dium and maximum periods.

ticle 129.Search warrants maliciously obtained and


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use in the service of those legally obtained. - In

ition to the liability attaching to the offender for the

mmission of any other offense, the penalty ofarrestoyorin its maximum period to prision correccional in

minimum period and a fine not exceeding P1,000os shall be imposed upon any public officer or

ployee who shall procure a search warrant withoutt cause, or, having legally procured the same, shall

eed his authority or use unnecessary severity in

cuting the same.

ticle 130.Searching domicile without witnesses. - The

alty ofarresto mayorin its medium and maximum

iods shall be imposed upon a public officer or

ployee who, in cases where a search is proper, shall

rch the domicile, papers or other belongings of anyson, in the absence of the latter, any member of his

mily, or in thei

ACT No 3815 Revised Penal Code

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Transcript of ACT No 3815 Revised Penal Code