Criminal Law 1 RPC :)

8/12/2019 Criminal Law 1 RPC :)

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Criminal law RPC (Book 1)

Criminal Law 1

Revised Penal Code Book I

Criminal Law- a branch of municipal law which defines crimes,treats of their

nature and provides for their punishment.

Characteristics of Criminal Law

1. Generality2. Territorial

3. Prospective

General - binding on all persons who reside or soourn in the Philippines.!"ceptions#

1. Treaty stipulation

2. $aws of preferential application3. Principles of Public international law.

!"amples# a. %overeigns and other head of state.

b. &mbassador,minister plenipotentiary,minister resident and chargesd' affaires.

(ut consuls,vice-consuls and other foreign commercial representatives can

not claim the privileges and immunities accorded to ambassadors and

ministers

Territorial - penal laws of the Philippines are enforceable only within its territory.

!"ceptions# &rticle 2 of the )P* - binding even on crimes committed outside of thePhilippines.

1. +ffenses committed while on Philippine ship or airship.

2. orging or counterfeiting any coin or currency note of the Philippines or theobligations and securities issued by

the government.

3. ntroduction into the country of the above mentioned obligations and securities.

. /hile being public officers and employees,an offense is committed in thee"ercise of their functions.

0. *rimes against national security and the law of the nations defined in title of

(oo .

Prospective- the law does not have retroactive effect.

!"ceptions# /hen the law is favorable to the accused.!"ception to the e"ception#

1. The new law is e"pressly made inapplicable to pending actions or e"istingcauses of action

2. +ffender is a habitual criminal.

Theories of Criminal Law

1. *lassical Theory - basis is man's free will to choose between good and evil,thatis why more stress is placed upon

the result of the felonious act than upon the criminal himself.The purpose of

penalty is retribution.The )P* isgenerally governed by this theory.

2. Positivist Theory - basis is the sum of social and economic phenomena which

conditions man to do wrong in spite of or contrary to his volition.This is e"emplified in the provisions on impossible

crimes and habitual delinuency.

3. i"ed theory - combination of the classical and positivist theories wherein

crimes that are economic and social innature should be dealt in a positive manner.The law is thus more compassionate.

Construction of Penal Laws

1. $iberally construed in favor of offender

!"ample# a. The offender must clearly fall within the terms of the law.

b. &n act is criminal only when made so by the statute

2. n cases of conflict with official translation,original %panish te"t is controlling.3. 4o interpretation by analogy.

Limitations on power of congress to enact penal laws


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1. !" post facto law2. (ill of attainder

3. $aw that violates the eual protection clause of the constitution.

. $aw which imposes cruel and unusual punishment nor e"cessive fines.

Art 1 Time !hen Act Takes effect- )P* too effect eb. 1,1532.

Art " Application of its provisions

)ules#1. Philippine vessel or airship - Philippine laws shall apply to offenses committed

in vessels registered with thePhilippine (ureau of *ustoms.t is the registration not citi6enship of the owner

which matters.

2. oreign vessel

a. rench rule - General )ule - *rimes committed aboard a foreign vessel withinthe territorial waters of a country

are not triable in the courts of such country.

!"ception# *ommission affects the peace and security of the territory or thesafety of the state is endangered

b. !nglish )ule - General )ule - *rimes committed aboard a foreign vesselwithin the territorial waters of a

country are triable in the courts of such country.

!"ceptions# /hen the crime merely affects things within the vessel or it refers

to the internal managementthereof.This is applicable in the Philippines.

Title 1

#elonies and Circumstances which Affect Criminal Lia$ilit%

Chapter &ne'#elonies

Art ( )efinitions

#elonies- &cts and omissions punishable by the )P*.

Crime- &cts and omissions punishable by any law.

Act- &n overt or e"ternal act.

&mission- ailure to perform a duty reuired by law.

*lements'#elonies

1. There must be an act or omission

2. This must be punishable by the )P*

3. &ct or omission was done by means of dolo or culpa

+ullum Crimen,+ulla Poena -ine Lege- There is no crime when there is no law

punishing it.

Classification of #elonies According to the means $% which the% are

committed'

1. ntentional felonies - by means of deceit 7dolo8

)euisites#

a. reedom

b. ntelligence c. ntent

istae of fact - misapprehension of fact on the part of the person who causedinury to another.9e is not criminally liable.

)euisites#

a. The act done would have been lawful had the facts been as the accused believethem to be

b. ntention is lawful.

c. istae must be without fault or carelessness by the accused.

2. *ulpable felonies - by means of fault 7culpa8.

)euisites#

a. reedom b. ntelligence

c. 4egligence 7lac of foresight8 and imprudence 7lac of sill8.

.ala In -e .ala Prohi$ita


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1. oral trait of offender2. Good faith as a defense

3. :egree of accomplishment of

the crime

. itigating and aggravating circumstance

0. :egree of participation

;. $aws violated

*onsidered


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c. ut the felony is not produced. d. y reason of causes independent of the %ill of the perpetrator.

*. $ttempted " !lements a. 0ffender commences the felony directly by oert acts.

b. oes not perform all acts %hich %ould produce the felony. . His acts are not stopped by is o%n spontaneous desistance.

&ttempted1. +vert acts of e"ecution are

started.2. 4ot all acts of e"ecution arepresent

3. :ue to reasons other than the

spontaneous desistance of the perpetrator.

rustrated1. &ll acts of e"ecution are

present.2. *rime sought to be committed is not achieved

3. :ue to intervening causes

independent of the will of theperpetrator.

*onsummated1. all acts of e"ecution are

present.2. The result sought is achieved.

Crimes which do not admit of frustrated and attempted stages.1. 0ffenses punishable by special penal la%s unless the la% proides other%ise.2. Formal crimes " consummated in one instance e'ample.slander,adultery etc.*. Impossible crimes+. rimes consummated by mere attempt e'amples.attempt to flee to an enemy country,treason,etc.-. felonies by omission

3. rimes committed by mere agreement e'ample.corruption of public officers,betting in sports suchas 4ending5

Crimes which do not admit of frustrated stage

1.Rape2. ribery

*. orruption of public officers+. $dultery

-. &hysical injury

2 'tages in the !e"elopment of a Crime1. Internal acts " e'. mere ideas of the mind " not punishable.

2. e'ternal acts "a. &reparatory acts " ordinarily not punishable e'cept %hen considered by la% as independent

crimes. e'. possession of pic#loc#s and similar tools. b. $cts of e'ecution " punishable under the R&.

Art. ( )hen Light &elonies are Punishable6eneral rule: &unishable only %hen they hae been consummated.!'ception : !en if not consummated if committed against persons or property.!'amples: slight physical injuries,theft,malicious mischief,intriguing against honor,alteration ofboundary mar#s.7ote: 0nly principals and accomplices are liable,accessories are not liable een if committed against

persons or property.

Art. * Conspiracy and Proposal to Commit &elonyonspiracy " Requisites

1. )%o or more persons come to an agreement2. For the commission of a felony

*. )hey decide to commit it

Concepts of conspiracy1. $s a crime itself " e'. conspiracy to commit rebellion,insurrection,treason,sedition,coup d4 etat2. 8erely as means to commit a crime " Requisites a. $ prior and e'press agreement

b. &articipants acted in concert or simultaneously,%hich is indicatie of a meeting of the mindsto%ards a common criminal objectie.7ote: onspiracy to commit a felony is different from conspiracy as a manner of incurring criminalliability.

6eneral rule: onspiracy to commit a felony is not punishable since it is merely a preparatory act.!'ception: hen the la% specifically proides for apenalty.!'ample,rebellion,insurrection,sedition,coup d4 etat.

6eneral rule: )he act of one is the act of all.!'ception: 9nless one or some of the conspirators committed some other crime %hich is not part of

the intended crime.!'ception to the e'ception: hen the act constitutes an indiisible offense.

+"ert Acts In Conspiracy ,ust Consists +f


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1. $ctie participation in the actual commission of the crime itself or2. 8oral assistance to his co"conspirators by being present at the time of the commission of the

crime or*. !'erting a moral ascendance oer the other co"conspirators by moing them to e'ecute or

implement thecriminal plan.

Proposal to commit a felonyRequisites:1. $ person has decided to commit a felony and2. &roposes its e'ecution to some other personpersons

1. !lements

2. *rimes

*onspiracy

&greement to commit and commission

*onspiracy to commit

sedition,treason,rebellion,coup d' etat

Proposal

Person decides to commit a crime aproposes the same to another

Proposal to commit treason,rebellio

d' etat

no proposal to commit sedi

Art. /ra"e &elonies%Less /ra"e &elonies%and Light &eloniesImportance of lassification

1. )o determine %hether the felonies can be comple'ed or not.2. )o determine the prescription of the crime and of the penalty.

&enalties ;Imprisonment>+< " ictim"suriors %ho are

found by the courts to be suffering from / ;attered oman /yndrome< do not incur any

criminal or ciil liability despite absence of the necessary elements for the justifying circumstance of self defense

in the R&. / is a scientifically defined pattern of psychological and behaioral symptoms found in %omen

liing in battering relationships as a result of cumulatie abuse.

Paragraph 2 !efense of relati"es!lements:1. 9nla%ful aggression ;indispensable requirement/hat is affected2. 4ature of act

3. !"istence of a crime

. $iability

?ustifying&ct&ct is considered legal

4one

4o criminal and civil liability but there is

civil liability as to &rt.11787%tate of

4ecessity8

!"empting&ctor&ct is wrongful but actor not liable

=es,but since voluntariness is absen

actor is not liable4o *riminal liability but there is ci

liability e"cept as to &rt.12787nur

mere accident8 and 7@8 7lawful caus

Paragraph 1 Imbecility or Insanity

Imbecile " one %hile adance in age has a mental deelopment comparable to that of childrenbet%een 2 and C years old.He is e'empt in all case from criminal liability.

Insane " one %ho acts %ith complete depriation of intelligencereason or %ithout the leastdiscernment or %ith total depriation of freedom of %ill.8ere abnormality of the mental faculties %illnot e'clude imputability.

6eneral Rule: !'empt from criminal liability!'ception: )he act %as done during the lucid interal.7ote: efense must proe that the accused %as insane at the time of the commission of the crimebecause the

presumption is al%ays in faor of sanity.

Paragraph 2 8nder years of age

Requisites: 0ffender is under A years of age at the time of the commission of the crime.)here isabsolute criminal irresponsibility in the case of a minor under A years of age.

7ote: 9nder R$ A*++ or the Duenile Dustice and elfare $ct,a minor 1- years old and belo% is


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e'empt from criminal liability.

Paragraph Person o"er and under 1 acting without discernment7ote: /uch minor must hae acted %ithout discernment to be e'empt.If %ith discernment,he is

criminally liable.

&resumption " the minor committed the crime %ithout discernment.

iscernment " mental capacity to fully appreciate the consequences of the unla%ful act %hich issho%n by the1. manner the crime %as committed.2. conduct of the offender after its commission.7ote: under R$ A*++,a minor oer 1- but belo% 1E %ho acted %ithout discernment is e'empt fromcriminal liability.

Paragraph 4 Accident without fault or intention of causing it.!lements:1. $ person is performing a la%ful act.2. %ith due care*. He causes injury to another by mere accident+. %ithout fault or intention of causing it.

Paragraph Irresistible &orce " 0ffender uses iolence or physical force to compel anotherperson to commit a crime.

!lements:1. )he compulsion is by means of physical force.

2. )he physical force must be irresistible.*. )he physical force must come from a *rd person.

7ote: Force must be irresistible so as to reduce the indiidual to a mere instrument.

Paragraph $ 8ncontrollable &ear " 0ffender employs intimidation or threat in compelling anotherto commit a

crime. !lements: 1. )he threat %hich causes the fear is of an eil greater than or at least equal to that %hich he isrequired to

commit. 2. It promises an eil of such graity and imminence that an ordinary man %ould hae succumbedto it.

7ote: uress to be alid defense should be based on real imminent or reasonable fear for one4slife or limb.It

should not be inspired by speculatie,fanciful or remote fear.$ threat of future injury is notenough.

uress " use of iolence or physical force.

$ctus me inito factus non est meus actus " $ny act done by me against my %ill is not my act.

Paragraph ( Insuperable Cause " some motie,%hich has la%fully,morally,or physically preented

a person todo %hat the la% command.

!lements: 1. $n act is required by la% to be done. 2. $ person fails to perform such act. *. His failure to perform such act %as due to some la%ful or insuperable cause. !'ample: a. $ priest cant be compelled to reeal %hat %as confessed to him. b. 7o aailable transportation " officer not liable for arbitrary detention. c. 8other %ho %as oercome by seere di??iness and e'treme debility,leaing child todie " not liable for infanticide.

Absolutory causes" %here the act committed is a crime but for some reason of public policy andsentiment,there is no penalty imposed.!'empting and justifying circumstances are absolutorycauses.!'amples of such other circumstances are:1. /pontaneous desistance2. $ccessories e'empt from criminal liability*. eath or physical injuries inflicted under e'ceptional circumstances+. &erson e'empt from criminal liability from theft,s%indling,malicious mischief-. Instigation

7ote: !ntrapment is not an absolutory cause.$ buy"bust operation conducted in connection %ithillegal drug"related

offenses is a form of entrapment.


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9ntrapment

Instigation1. )he %ays ans means are resorted to for the purpose 1. Instigator practically induces the

%ould be accused of trapping and capturing the la%brea#er in the into the commission of theoffense and himself e'ecution of his criminal plan. becomes a co"principal.2. 7ot a bar to accused prosecution and coniction 2. $ccused %ill be acquitted*. 7ot an absolutory cause *. $bsolutory cause

Chapter Circumstances which ,itigate criminal Liability Pri"ileged ,itigating +rdinary,itigating1.0ffset by any aggraating can not be offset can be offset by ageneric

circumstance aggraatingcircumstance2. !ffect on penalty effect of imposing the penalty by 1 or if not offset, has theeffect of

2 degrees lo%er than that proided imposing the

minimum period of the by la% penalty

*. @inds ;sources< minority,incomplete self defense, 2 or thosecircumstances enumerated in

more mitigating circumstance %ithout in paragraph 1to 1> of art. 1*

any aggraating circumstance ;has the effect of lo%ering the penalty by one degree

Age Criminal esponsibility:9ffect 1- years old absolute irresponsibility,e'empting circumstance 1- and 1E years old conditional responsibility

%ithout discernment " not criminally liable %ith discernment " criminally liable minor delinquent sentence is suspended 1E and C> years old full responsibility C> years old mitigated responsibility,no imposition of deathpenalty,e'ecution of death sentence may be suspended and commuted.Art. 1. ,itigating circumstances" those %hich if present in the commission of the crime reducesthe penaltyof the crime but does not erase criminal liability nor change the nature of the crime.

7ote: $ mitigating circumstance arising from a single fact absorbs all the other mitigating

circumstances arising from that same fact.

Paragraph 1 Incomplete 3ustifying or 9#empting Circumstances7ote: )his applies %hen not all the requisites are present.If 2 requisites are present,it is considered a

priilegemitigating circumstance.Ho%eer,in reference to $rt.11;+< if any of the last 2 requisites is

absent,there isonly an ordinary mitigating circumstance.Remember though,that in self"defense,defense of

relatie or stranger,unla%ful aggression must al%ays be present as it is an indispensable requirement.

Paragraph 2 8nder 1* or o"er (0 years old7ote: $ge of accused is determined by his age at the date of commission of crime,not date of trial.

Paragraph 5o intention to commit so gra"e a wrong7ote: an be used only %hen the proen facts sho% that there is a notable and eidentdisproportion bet%een the means employed to e'ecute the criminal act and its consequences.

Factors that can be considered are: 1. %eapons used 2. injury inflicted

*. part of the body injured +. mindset of offender at the time of commission of crime.

" this proision addresses the intention of the offender at the particular moment %hen the offender


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e'ecutes orcommits the criminal act,not to his intention during the planning stage.

7ote: In crimes against persons " if ictim does not die,the absence of the intent to #ill reduces

the felony to merephysical injuries.It is not considered as mitigating.It is mitigating only %hen the ictim dies.

7ote: It is not applicable to felonies by negligence because in felonies through negligence,theoffender acts %ithout intent.)he intent in intentional felonies is replaced by negligence orimprudence.)here is no intent

on the part of the offender %hich may be considered as diminished.Paragraph 4 Pro"ocation or threat" any unjust or improper conduct or act of the offendedparty,capable of e'citing,inciting,or irritating anyone. Requisites: 1. &roocation must be sufficient. 2. It must originate from the offended party. *. 8ust be immediate to the commission of the crime by the person %ho is proo#ed.

7ote: )hreat should not be offensie and positiely strong other%ise it %ould be an unla%fulaggression %hich

may gie rise to self"defense and thus no longer a mitigating circumstance.

Pro"ocation ;indication 1. 8ade directly only to the person committing 1. 6rae offense maybe also against the

offenders the felony. relaties mentioned by la%.

2. ause that brought about the proocation.7eed 2. 0ffended party must hae done a graeoffense to not be a grae offense. the offender or his relaties. *. 7ecessary that proocation or threat immediately *. 8ay be pro'imate.)ime interalallo%ed. preceded the act.7o time interal.

Paragraph ;indication of gra"e offense Requisites: 1. $ grae offense done to the one committing the felony,hisspouse,ascendants,descendants,legitimate, natural,or adopted brothers or sisters or relaties by affinity %ithin the same degrees. 2. )he felony is committed in immediate indication of such grae offense.

7ote: 5Immediate5 allo%s for a lapse of time as long as the offender is still suffering from themental agony

brought about by the offense to him.;&ro'imate time,not just immediately after,1AC-< " there %as treachery as the ictim %as stabbed %hilelying face up and defenseless and nighttime %as considered upon proof that it facilitated the commission ofthe offense and

%as ta#en adantage of by the accused.

9ninhabited place ;despoblado< " one %here there are no houses at all,a place at a considerable

distance fromto%n,%here the houses are scattered at a great distance from each other.

/olitude must be sought to better attain the criminal purpose. hat should be considered here is %hether in the place of the commission of the offense,there

%as areasonable possibility of the ictim receiing some help.

and ;en uadrilla< " %heneer there are more than * armed malefactors that shall hae actedtogether in the commission of an offense. 7ote: )here must be + or more armed men. If one of the + armed malefactors is a principal by inducement,they do not form a band becauseit is undoubtedly connoted that he had no direct participation. y a band " is aggraating in crimes against property or against persons or in the crime of illegaldetention or treason but does not apply to crimes against chastity. y a band is inherent in brigandage. )his aggraating circumstance is absorbed in the circumstance of abuse of superior strength.

Par. ( =hat the crime be committed on the occasion ofa conflagration%shipwrec%earthDuae% epidemic or calamity or misfortune.

Requisites: 1. )hat the crime %as committed %hen there %as a calamity or misfortune.

2. )hat offender too# adantage of the state of confusion or chaotic condition from such misfortune.


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*. If the offender %as proo#ed by the offended party during the calamitymisfortune,thisaggraating

circumstance may not be ta#en into consideration.

Par. * =hat the crime be committed with the aid of a. Armed men or b. Persons who insure or afford impunity Requisites: 1. )hat armed men or persons too# part in the commission of the crime directly or indirectly. 2. )hat the accused aailed himself of their aid or relied upon them %hen the crime %as committed. 7ote: )his aggraating circumstance requires that the armed men are accomplices %ho ta#e partin a minor capacity directly or indirectly and not %hen they %ere merely present at the crimescene.7either should they constitute a band,for then the proper aggraating circumstance %ould be cuadrilla.

hen this aggraating circumstance shall not be considered: 1. hen both the attac#ing party and the party attac#ed %ere equally armed. 2. hen the accused as %ell as those %ho cooperated %ith him in the commission of the crimeacted under the

same plan and for the same purpose. *. hen the others %ere only casually present and the offender did not aail himself of any of

their aid or %hen he did not #no%ingly count upon their assistance in the commission of the crime.

&ar. 3 y a band &ar. E ith the aid of armed men

$s to their number" requires more than * armed " $t least 2

malefactors $s to their action " requires that more than * armed " this circumstance is presenteen if one of the

malefactors shall hae acted offenders merely relied on theiraid for actual together in the commission of aid is not necessary. an offense

If there are + armed men,aid of armed men is absorbed in employment of a band.If there are *armed men or

less,aid of armed men may be the aggraating circumstance.

$id of armed men includes armed %omen.

Par. =hat the accused is a recidi"ist Recidiist " one %ho at the time of his trial for one crime shall hae been preiously conicted byfinal judgement

of another crime embraced in the same title of the R&.

Requisites: 1. )hat the offender is on trial for an offense

2. )hat he %as preiously conicted by final judgement of another crime *. )hat both the first and the second offenses are embraced in the same title of the R&

+. )hat the offender is conicted of the ne% offense8eaning of 5at the time of is trial for one crime5 " it is employed in its general sense,including

the rendering of judgement.It is meant to include eerything that is done in the course of the trial,fromarraignment until after sentence is announced by the judge in open court. hat is controlling is the time of the trial,not the time of the commission of the offense.

6eneral rule: )o proe recidiism,it is necessary to allege the same in the information and toattach thereto certified copy of the sentences rendered against the accused. !'ception: If the accused does not object and %hen he admits in his confession and on the %itnessstand.

7otes: Recidiism must be ta#en into account no matter ho% many years hae interened bet%een thefirst and second felonies.

$mnesty e'tinguishes the penalty and its effects.Ho%eer,pardon does not obliterate the fact thatthe accused

%as a recidiist.)hus,een if the accused %as granted a pardon for the first offense but he


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commits another felony embraced in the dame title of the R&,the first coniction is still counted to ma#e him a

recidiist. eing an ordinary aggraating circumstance,recidiism affects only the periods of a penalty e'cept

in prostitution and agrancy and gambling %herein recidiism increases the penalties by degrees.7o othergeneric aggraating

circumstances produces this effect. In recidiism,it is sufficient that the succeeding offense be committed after the commission of thepreceding

offense proided that at the time of his trial for the second offense,the accused had already beenconicted of

the first offense. If both offenses %ere committed on the same date,they shall be considered as onlyone,hence,they can not be separately counted in order to constitute recidiism.$lso,judgements of coniction handed do%non the same day shall be considered as only one coniction.Reason " because the R& requires that to beconsidered as separate conictions at the time of his trial for one crime the accused shall hae been preiouslyconicted by final judgement of the other.

1>. )hat the offender has been preiously punished by an offense to %hich the la% attaches an

equal or greater penalty or for t%o or more crimes to %hich it attaches a lighter penalty.

11. )hat the crime be committed in consideration of a price, re%ard, or promise.

12. )hat the crime be committed by means of inundation, fire, poison, e'plosion, stranding of aessel or international damage thereto, derailment of a locomotie, or by the use of any other artificeinoling great %aste and ruin.

1*. )hat the act be committed %ith eidence premeditation.

1+. )hat the craft, fraud or disguise be employed.

1-. )hat adantage be ta#en of superior strength, or means be employed to %ea#en the defense.

13. )hat the act be committed %ith treachery ;aleosia. )hat the crime be committed %ith the aid of persons under fifteen years of age or by means ofmotor ehicles, motori?ed %atercraft, airships, or other similar means. ;$s amended by R$ -+*E


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shall be considered as an aggraating circumstance.

)itle )%o

&!R/07/ RI8I7$==K =I$=! F0R F!=07I!/$rt. 13. ho are criminally liable. J )he follo%ing are criminally liable for grae and less graefelonies:

1. &rincipals.

2. $ccomplices.

*. $ccessories.

)he follo%ing are criminally liable for light felonies:

1. &rincipals

2. $ccomplices.

$rt. 1C. &rincipals. J )he follo%ing are considered principals:

1. )hose %ho ta#e a direct part in the e'ecution of the act(

2. )hose %ho directly force or induce others to commit it(

*. )hose %ho cooperate in the commission of the offense by another act %ithout %hich it %ould

not hae been accomplished.

$rt. 1E. $ccomplices. J $ccomplices are those persons %ho, not being included in $rt. 1C, cooperatein the e'ecution of the offense by preious or simultaneous acts.

$rt. 1A. $ccessories. J $ccessories are those %ho, haing #no%ledge of the commission of the crime,and %ithout haing participated therein, either as principals or accomplices, ta#e part subsequent toits commission in any of the follo%ing manners:chan robles irtual la% library

1. y profiting themseles or assisting the offender to profit by the effects of the crime.

2. y concealing or destroying the body of the crime, or the effects or instruments thereof, inorder to preent its discoery.

*. y harboring, concealing, or assisting in the escape of the principals of the crime, proided theaccessory acts %ith abuse of his public functions or %heneer the author of the crime is guilty oftreason, parricide, murder, or an attempt to ta#e the life of the hief !'ecutie, or is #no%n to behabitually guilty of some other crime.

$rt. 2>. $ccessories %ho are e'empt from criminal liability. J )he penalties prescribed for

accessories shall not be imposed upon those %ho are such %ith respect to their spouses, ascendants,descendants, legitimate, natural, and adopted brothers and sisters, or relaties by affinity %ithin the

same degrees, %ith the single e'ception of accessories falling %ithin the proisions of paragraph 1 ofthe ne't preceding article.

)itle )hree& ! 7 $ = ) I ! /hapter 0ne&!7$=)I!/ I7 6!7!R$=$rt. 21. &enalties that may be imposed. J 7o felony shall be punishable by any penalty notprescribed by la% prior to its commission.

$rt. 22. Retroactie effect of penal la%s. J &enal =a%s shall hae a retroactie effect insofar as theyfaor the persons guilty of a felony, %ho is not a habitual criminal, as this term is defined in Rule - of$rticle 32 of this ode, although at the time of the publication of such la%s a final sentence has beenpronounced and the conict is sering the same.

$rt. 2*. !ffect of pardon by the offended party. J $ pardon of the offended party does not e'tinguishcriminal action e'cept as proided in $rticle *++ of this ode( but ciil liability %ith regard to the

interest of the injured party is e'tinguished by his e'press %aier.

$rt. 2+. 8easures of preention or safety %hich are nor considered penalties. J )he follo%ing shall


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not be considered as penalties:

1. )he arrest and temporary detention of accused persons, as %ell as their detention by reason ofinsanity or imbecility, or illness requiring their confinement in a hospital.

2. )he commitment of a minor to any of the institutions mentioned in $rticle E> and for thepurposes specified therein.

*. /uspension from the employment of public office during the trial or in order to instituteproceedings.

+. Fines and other correctie measures %hich, in the e'ercise of their administratie disciplinarypo%ers, superior officials may impose upon their subordinates.

-. epriation of rights and the reparations %hich the ciil la%s may establish in penal form.

hapter )%o=$//IFI$)I07 0F &!7$=)I!/$rt. 2-. &enalties %hich may be imposed. J )he penalties %hich may be imposed according to thisode, and their different classes, are those included in the follo%ing:

/cale

&rincipal &enalties

apital punishment:eath.

$fflictie penalties:

Reclusion perpetua,Reclusion temporal,&erpetual or temporary absolute disqualification,&erpetual or temporary special disqualification,&rision mayor.

orrectional penalties:

&rision correccional,$rresto mayor,/uspension,estierro.

=ight penalties:

$rresto menor,&ublic censure.

&enalties common to the three preceding classes:

Fine, and

ond to #eep the peace.

$ccessory &enalties

&erpetual or temporary absolute disqualification,&erpetual or temporary special disqualification,/uspension from public office, the right to ote and be oted for, the profession or calling.iil interdiction,Indemnification,Forfeiture or confiscation of instruments and proceeds of the offense,&ayment of costs.

$rt. 23. hen afflictie, correctional, or light penalty. J $ fine, %hether imposed as a single of as analternatie penalty, shall be considered an afflictie penalty, if it e'ceeds 3,>>> pesos( a correctionalpenalty, if it does not e'ceed 3,>>> pesos but is not less than 2>> pesos( and a light penalty if it lessthan 2>> pesos.hapter )hree

9R$)I07 $7 !FF!)/ 0F &!7$=)I!/

/ection 0ne. J uration of &enalties


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$rt. 2C. Reclusion perpetua. J $ny person sentenced to any of the perpetual penalties shall be

pardoned after undergoing the penalty for thirty years, unless such person by reason of his conductor some other serious cause shall be considered by the hief !'ecutie as un%orthy of pardon.

Reclusion temporal. J )he penalty of reclusion temporal shall be from t%ele years and one day tot%enty years.

&rision mayor and temporary disqualification. J )he duration of the penalties of prision mayor andtemporary disqualification shall be from si' years and one day to t%ele years, e'cept %hen thepenalty of disqualification is imposed as an accessory penalty, in %hich case its duration shall be thatof the principal penalty.

&rision correccional, suspension, and destierro. J )he duration of the penalties of prisioncorreccional, suspension and destierro shall be from si' months and one day to si' years, e'cept%hen suspension is imposed as an accessory penalty, in %hich case, its duration shall be that of theprincipal penalty.

$rresto mayor. J )he duration of the penalty of arresto mayor shall be from one month and one dayto si' months.

$rresto menor. J )he duration of the penalty of arresto menor shall be from one day to thirty days.

ond to #eep the peace. J )he bond to #eep the peace shall be required to coer such period of time

as the court may determine.

$rt. 2E. omputation of penalties. J If the offender shall be in prison, the term of the duration of thetemporary penalties shall be computed from the day on %hich the judgment of coniction shall hae

become final.

If the offender be not in prison, the term of the duration of the penalty consisting of depriation ofliberty shall be computed from the day that the offender is placed at the disposal of the judicialauthorities for the enforcement of the penalty. )he duration of the other penalties shall be computedonly from the day on %hich the defendant commences to sere his sentence.

$rt. 2A. &eriod of preentie imprisonment deducted from term of imprisonment. J 0ffenders %hohae undergone preentie imprisonment shall be credited in the serice of their sentence consistingof depriation of liberty, %ith the full time during %hich they hae undergone preentieimprisonment, if the detention prisoner agrees oluntarily in %riting to abide by the same disciplinaryrules imposed upon conicted prisoners, e'cept in the follo%ing cases:

1. hen they are recidiists or hae been conicted preiously t%ice or more times of any crime(and

2. hen upon being summoned for the e'ecution of their sentence they hae failed to surrenderoluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon

conicted prisoners, he shall be credited in the serice of his sentence %ith four"fifths of the timeduring %hich he has undergone preentie imprisonment. ;$s amended by Republic $ct 312C, Dune

1C, 1AC>< days ofpreentie imprisonment. ;$s amended by !.0. 7o. 21+, Duly 1>, 1AEE. !ffects of the penalties of perpetual or temporary absolute disqualification. J )he penaltiesof perpetual or temporary absolute disqualification for public office shall produce the follo%ingeffects:

1. )he depriation of the public offices and employments %hich the offender may hae held een ifconferred by popular election.

2. )he depriation of the right to ote in any election for any popular office or to be elected to

such office.

*. )he disqualification for the offices or public employments and for the e'ercise of any of the


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rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and *of this article shall last during the term of the sentence.

+. )he loss of all rights to retirement pay or other pension for any office formerly held.

$rt. *1. !ffect of the penalties of perpetual or temporary special disqualification. J )he penalties ofperpetual or temporal special disqualification for public office, profession or calling shall produce thefollo%ing effects:

1. )he depriation of the office, employment, profession or calling affected(

2. )he disqualification for holding similar offices or employments either perpetually or during theterm of the sentence according to the e'tent of such disqualification.

$rt. *2. !ffect of the penalties of perpetual or temporary special disqualification for the e'ercise ofthe right of suffrage. J )he perpetual or temporary special disqualification for the e'ercise of theright of suffrage shall deprie the offender perpetually or during the term of the sentence, accordingto the nature of said penalty, of the right to ote in any popular election for any public office or to beelected to such office. 8oreoer, the offender shall not be permitted to hold any public office duringthe period of his disqualification.

$rt. **. !ffects of the penalties of suspension from any public office, profession or calling, or the right

of suffrage. J )he suspension from public office, profession or calling, and the e'ercise of the right ofsuffrage shall disqualify the offender from holding such office or e'ercising such profession or calling

or right of suffrage during the term of the sentence.

)he person suspended from holding public office shall not hold another haing similar functionsduring the period of his suspension.

$rt. *+. iil interdiction. J iil interdiction shall deprie the offender during the time of hissentence of the rights of parental authority, or guardianship, either as to the person or property ofany %ard, of marital authority, of the right to manage his property and of the right to dispose of suchproperty by any act or any coneyance inter ios.

$rt. *-. !ffects of bond to #eep the peace. J It shall be the duty of any person sentenced to giebond to #eep the peace, to present t%o sufficient sureties %ho shall underta#e that such person %illnot commit the offense sought to be preented, and that in case such offense be committed they %illpay the amount determined by the court in the judgment, or other%ise to deposit such amount in theoffice of the cler# of the court to guarantee said underta#ing.

)he court shall determine, according to its discretion, the period of duration of the bond.

/hould the person sentenced fail to gie the bond as required he shall be detained for a period %hichshall in no case e'ceed si' months, is he shall hae been prosecuted for a grae or less grae felony,

and shall not e'ceed thirty days, if for a light felony.

$rt. *3. &ardon( its effect. J $ pardon shall not %or# the restoration of the right to hold public office,or the right of suffrage, unless such rights be e'pressly restored by the terms of the pardon.

$ pardon shall in no case e'empt the culprit from the payment of the ciil indemnity imposed upon

him by the sentence.

$rt. *C. ost( hat are included. J osts shall include fees and indemnities in the course of thejudicial proceedings, %hether they be fi'ed or unalterable amounts preiously determined by la% orregulations in force, or amounts not subject to schedule.

$rt. *E. &ecuniary liabilities( 0rder of payment. J In case the property of the offender should not besufficient for the payment of all his pecuniary liabilities, the same shall be met in the follo%ing order:

1. )he reparation of the damage caused.

2. Indemnification of consequential damages.

*. )he fine.

+. )he cost of the proceedings.

$rt. *A. /ubsidiary penalty. J If the conict has no property %ith %hich to meet the fine mentioned

in the paragraph * of the nest preceding article, he shall be subject to a subsidiary personal liabilityat the rate of one day for each eight pesos, subject to the follo%ing rules:


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1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remainunder confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary

imprisonment shall not e'ceed one"third of the term of the sentence, and in no case shall it continuefor more than one year, and no fraction or part of a day shall be counted against the prisoner.

2. hen the principal penalty imposed be only a fine, the subsidiary imprisonment shall note'ceed si' months, if the culprit shall hae been prosecuted for a grae or less grae felony, andshall not e'ceed fifteen days, if for a light felony.

*. hen the principal imposed is higher than prision correccional, no subsidiary imprisonment shallbe imposed upon the culprit.

+. If the principal penalty imposed is not to be e'ecuted by confinement in a penal institution, butsuch penalty is of fi'ed duration, the conict, during the period of time established in the precedingrules, shall continue to suffer the same depriations as those of %hich the principal penaltyconsists.chan robles irtual la% library

-. )he subsidiary personal liability %hich the conict may hae suffered by reason of his insolencyshall not reliee him, from the fine in case his financial circumstances should improe. ;$s amendedby R$ -+3-, $pril 21, 1A3A. eath( Its accessory penalties. J )he death penalty, %hen it is not e'ecuted by reason ofcommutation or pardon shall carry %ith it that of perpetual absolute disqualification and that of ciil

interdiction during thirty years follo%ing the date sentence, unless such accessory penalties haebeen e'pressly remitted in the pardon.

$rt. +1. Reclusion perpetua and reclusion temporal( )heir accessory penalties. J )he penalties ofreclusion perpetua and reclusion temporal shall carry %ith them that of ciil interdiction for life orduring the period of the sentence as the case may be, and that of perpetual absolute disqualification%hich the offender shall suffer een though pardoned as to the principal penalty, unless the sameshall hae been e'pressly remitted in the pardon.

$rt. +2. &rision mayor( Its accessory penalties. J )he penalty of prision mayor, shall carry %ith itthat of temporary absolute disqualification and that of perpetual special disqualification from the rightof suffrage %hich the offender shall suffer although pardoned as to the principal penalty, unless thesame shall hae been e'pressly remitted in the pardon.

$rt. +*. &rision correccional( Its accessory penalties. J )he penalty of prision correccional shall carry%ith it that of suspension from public office, from the right to follo% a profession or calling, and thatof perpetual special disqualification from the right of suffrage, if the duration of said imprisonmentshall e'ceed eighteen months. )he offender shall suffer the disqualification proided in the articlealthough pardoned as to the principal penalty, unless the same shall hae been e'pressly remitted inthe pardon.

$rt. ++. $rresto( Its accessory penalties. J )he penalty of arresto shall carry %ith it that of

suspension of the right too hold office and the right of suffrage during the term of the sentence.

$rt. +-. onfiscation and forfeiture of the proceeds or instruments of the crime. J !ery penaltyimposed for the commission of a felony shall carry %ith it the forfeiture of the proceeds of the crime

and the instruments or tools %ith %hich it %as committed.

/uch proceeds and instruments or tools shall be confiscated and forfeited in faor of the 6oernment,unless they be property of a third person not liable for the offense, but those articles %hich are notsubject of la%ful commerce shall be destroyed.hapter Four$&&=I$)I07 0F &!7$=)I!//ection 0ne. J Rules for the application of penaltiesto the persons criminally liable and for the graduation of the same.$rt. +3. &enalty to be imposed upon principals in general. J )he penalty prescribed by la% for thecommission of a felony shall be imposed upon the principals in the commission of such felony.

heneer the la% prescribes a penalty for a felony is general terms, it shall be understood asapplicable to the consummated felony.

$rt. +C. In %hat cases the death penalty shall not be imposed. J )he death penalty shall be imposedin all cases in %hich it must be imposed under e'isting la%s, e'cept in the follo%ing cases:


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1. hen the guilty person be more than seenty years of age.

2. hen upon appeal or reision of the case by the /upreme court, all the members thereof arenot unanimous in their oting as to the propriety of the imposition of the death penalty. For the

imposition of said penalty or for the confirmation of a judgment of the inferior court imposing thedeath sentence, the /upreme ourt shall render its decision per curiam, %hich shall be signed by alljustices of said court, unless some member or members thereof shall hae been disqualified fromta#ing part in the consideration of the case, in %hich een the unanimous ote and signature of onlythe remaining justices shall be required.

$rt. +E. &enalty for comple' crimes. J hen a single act constitutes t%o or more grae or less graefelonies, or %hen an offense is a necessary means for committing the other, the penalty for the mostserious crime shall be imposed, the same to be applied in its ma'imum period.

$rt. +A. &enalty to be imposed upon the principals %hen the crime committed is different from thatintended. J In cases in %hich the felony committed is different from that %hich the offenderintended to commit, the follo%ing rules shall be obsered:

1. If the penalty prescribed for the felony committed be higher than that corresponding to theoffense %hich the accused intended to commit, the penalty corresponding to the latter shall beimposed in its ma'imum period.

2. If the penalty prescribed for the felony committed be lo%er than that corresponding to the one%hich the accused intended to commit, the penalty for the former shall be imposed in its ma'imum

period.

*. )he rule established by the ne't 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

la% prescribes a higher penalty for either of the latter offenses, in %hich case the penalty proidedfor the attempted or the frustrated crime shall be imposed in its ma'imum period.

$rt. ->. &enalty to be imposed upon principals of a frustrated crime. J )he penalty ne't lo%er indegree than that prescribed by la% for the consummated felony shall be imposed upon the principalin a frustrated felony.

$rt. -1. &enalty to be imposed upon principals of attempted crimes. J $ penalty lo%er by t%odegrees than that prescribed by la% for the consummated felony shall be imposed upon the principalsin an attempt to commit a felony.

$rt. -2. &enalty to be imposed upon accomplices in consummated crime. J )he penalty ne't lo%er indegree than that prescribed by la% for the consummated shall be imposed upon the accomplices inthe commission of a consummated felony.

$rt. -*. &enalty to be imposed upon accessories to the commission of a consummated felony. J )hepenalty lo%er by t%o degrees than that prescribed by la% for the consummated felony shall beimposed upon the accessories to the commission of a consummated felony.

$rt. -+. &enalty to imposed upon accomplices in a frustrated crime. J )he penalty ne't lo%er in

degree than prescribed by la% for the frustrated felony shall be imposed upon the accomplices in thecommission of a frustrated felony.

$rt. --. &enalty to be imposed upon accessories of a frustrated crime. J )he penalty lo%er by t%o

degrees than that prescribed by la% for the frustrated felony shall be imposed upon the accessoriesto the commission of a frustrated felony.

$rt. -3. &enalty to be imposed upon accomplices in an attempted crime. J )he penalty ne't lo%er indegree than that prescribed by la% for an attempt to commit a felony shall be imposed upon theaccomplices in an attempt to commit the felony.

$rt. -C. &enalty to be imposed upon accessories of an attempted crime. J )he penalty lo%er by t%odegrees than that prescribed by la% for the attempted felony shall be imposed upon the accessoriesto the attempt to commit a felony.

$rt. -E. $dditional penalty to be imposed upon certain accessories. J )hose accessories falling %ithinhe terms of paragraphs * of $rticle 1A of this ode %ho should act %ith abuse of their publicfunctions, shall suffer the additional penalty of absolute perpetual disqualification if the principaloffender shall be guilty of a grae felony, and that of absolute temporary disqualification if he shall beguilty of a less grae felony.

$rt. -A. &enalty to be imposed in case of failure to commit the crime because the means employed or

the aims sought are impossible. J hen the person intending to commit an offense has alreadyperformed the acts for the e'ecution of the same but neertheless the crime %as not produced by

reason of the fact that the act intended %as by its nature one of impossible accomplishment or


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because the means employed by such person are essentially inadequate to produce the result desiredby him, the court, haing in mind the social danger and the degree of criminality sho%n by the

offender, shall impose upon him the penalty of arresto mayor or a fine from 2>> to ->> pesos.

$rt. 3>. !'ception to the rules established in $rticles -> to -C. J )he proisions contained in $rticles-> to -C, inclusie, of this ode shall not be applicable to cases in %hich the la% e'pressly prescribesthe penalty proided for a frustrated or attempted felony, or to be imposed upon accomplices oraccessories.

$rt. 31. Rules for graduating penalties. J For the purpose of graduating the penalties %hich,according to the proisions of $rticles -> to -C, inclusie, of this ode, are to be imposed uponpersons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories,the follo%ing rules shall be obsered:

1. hen the penalty prescribed for the felony is single and indiisible, the penalty ne't lo%er indegrees shall be that immediately follo%ing that indiisible penalty in the respectie graduated scaleprescribed in $rticle C1 of this ode.

2. hen the penalty prescribed for the crime is composed of t%o indiisible penalties, or of one ormore diisible penalties to be impose to their full e'tent, the penalty ne't lo%er in degree shall bethat immediately follo%ing the lesser of the penalties prescribed in the respectie graduated scale.

*. hen the penalty prescribed for the crime is composed of one or t%o indiisible penalties andthe ma'imum period of another diisible penalty, the penalty ne't lo%er in degree shall be composed

of the medium and minimum periods of the proper diisible penalty and the ma'imum periods of theproper diisible penalty and the ma'imum period of that immediately follo%ing in said respectie

graduated scale.

+. %hen the penalty prescribed for the crime is composed of seeral periods, corresponding todifferent diisible penalties, the penalty ne't lo%er in degree shall be composed of the periodimmediately follo%ing the minimum prescribed and of the t%o ne't follo%ing, %hich shall be ta#enfrom the penalty prescribed, if possible( other%ise from the penalty immediately follo%ing in theaboe mentioned respectie graduated scale.

-. hen the la% prescribes a penalty for a crime in some manner not especially proided for in thefour preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties uponthose guilty as principals of the frustrated felony, or of attempt to commit the same, and uponaccomplices and accessories.

)$9=$)I07 0F )H! &R0BI/I07/ 0F )H! H$&)!R

&enalty &rescribe for the crime

&enalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated

crime

&enalty to be imposed upon the principal in an attempted crime, the accessory in the

consummated crime and the accomplices in a frustrated crime.

&enalty to be imposed upon the accessory in a frustrated crime, and the accomplices in anattempted crime

&enalty to be imposed upon the accessory in an attempted crime

First ase eath Reclusion &erpetua Reclusion )emporal &rision 8ayor &risionorreccional /econd ase Reclusion &erpetua to eath Reclusion )emporal &rision 8ayor &risionorreccional $rresto 8ayor )hird ase Reclusion )emporal in its ma'imum period to death &rision 8ayor in its ma'imumperiod to reclusion temporal in its medium period &rision correccional in its ma'imum period toprision mayor in its medium period $rresto 8ayor in it s ma'imum period to prision correccional inits medium period Fine and $rresto 8ayor in its minimum and medium periods Fourth ase &rision 8ayor in its ma'imum period to reclusion temporal in its medium period.&rision correccional in its ma'imum period to prision mayor in its medium period. $rresto mayor inits ma'imum period to prision correccional in its medium period. Fine and $rresto 8ayor in itsminimum and medium periods Fine.

/ection )%o. J Rules for the application of penalties %ith regard to the mitigating and aggraatingcircumstances, and habitual delinquency.

$rt. 32. !ffect of the attendance of mitigating or aggraating circumstances and of habitual

delinquency. J 8itigating or aggraating circumstances and habitual delinquency shall be ta#en into


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account for the purpose of diminishing or increasing the penalty in conformity %ith the follo%ingrules:

1. $ggraating circumstances %hich in themseles constitute a crime specially punishable by la%

or %hich are included by the la% in defining a crime and prescribing the penalty therefor shall not beta#en into account for the purpose of increasing the penalty.

2. )he same rule shall apply %ith respect to any aggraating circumstance inherent in the crime tosuch a degree that it must of necessity accompany the commission thereof.

*. $ggraating or mitigating circumstances %hich arise from the moral attributes of the offender,or from his priate relations %ith the offended party, or from any other personal cause, shall onlysere to aggraate or mitigate the liability of the principals, accomplices and accessories as to %homsuch circumstances are attendant.

+. )he circumstances %hich consist in the material e'ecution of the act, or in the means employedto accomplish it, shall sere to aggraate or mitigate the liability of those persons only %ho had#no%ledge of them at the time of the e'ecution of the act or their cooperation therein.

-. Habitual delinquency shall hae the follo%ing effects:

;a< 9pon a third coniction the culprit shall be sentenced to the penalty proided by la% for the

last crime of %hich he be found guilty and to the additional penalty of prision correccional in itsmedium and ma'imum periods(

;b< 9pon a fourth coniction, the culprit shall be sentenced to the penalty proided for the last

crime of %hich he be found guilty and to the additional penalty of prision mayor in its minimum andmedium periods( and

;c< 9pon a fifth or additional coniction, the culprit shall be sentenced to the penalty proidedfor the last crime of %hich he be found guilty and to the additional penalty of prision mayor in itsma'imum period to reclusion temporal in its minimum period.

7ot%ithstanding the proisions of this article, the total of the t%o penalties to be imposed upon theoffender, in conformity here%ith, shall in no case e'ceed *> years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is %ithin a periodof ten years from the date of his release or last coniction of the crimes of serious or less seriousphysical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a thirdtime or oftener.

$rt. 3*. Rules for the application of indiisible penalties. J In all cases in %hich the la% prescribes asingle indiisible penalty, it shall be applied by the courts regardless of any mitigating or aggraatingcircumstances that may hae attended the commission of the deed.

In all cases in %hich the la% prescribes a penalty composed of t%o indiisible penalties, the follo%ing

rules shall be obsered in the application thereof:

1. hen in the commission of the deed there is present only one aggraating circumstance, thegreater penalty shall be applied.

2. hen there are neither mitigating nor aggraating circumstances and there is no aggraating

circumstance, the lesser penalty shall be applied.

*. hen the commission of the act is attended by some mitigating circumstances and there is noaggraating circumstance, the lesser penalty shall be applied.

+. hen both mitigating and aggraating circumstances attended the commission of the act, thecourt shall reasonably allo% them to offset one another in consideration of their number andimportance, for the purpose of applying the penalty in accordance %ith the preceding rules, accordingto the result of such compensation.

$rt. 3+. Rules for the application of penalties %hich contain three periods. J In cases in %hich thepenalties prescribed by la% contain three periods, %hether it be a single diisible penalty orcomposed of three different penalties, each one of %hich forms a period in accordance %ith theproisions of $rticles C3 and CC, the court shall obsere for the application of the penalty thefollo%ing rules, according to %hether there are or are not mitigating or aggraating circumstances:

1. hen there are neither aggraating nor mitigating circumstances, they shall impose the penaltyprescribed by la% in its medium period.

2. hen only a mitigating circumstances is present in the commission of the act, they shall impose

the penalty in its minimum period.


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*. hen an aggraating circumstance is present in the commission of the act, they shall impose

the penalty in its ma'imum period.

+. hen both mitigating and aggraating circumstances are present, the court shall reasonablyoffset those of one class against the other according to their relatie %eight.

-. hen there are t%o or more mitigating circumstances and no aggraating circumstances arepresent, the court shall impose the penalty ne't lo%er to that prescribed by la%, in the period that itmay deem applicable, according to the number and nature of such circumstances.

3. hateer may be the number and nature of the aggraating circumstances, the courts shall notimpose a greater penalty than that prescribed by la%, in its ma'imum period.

C. ithin the limits of each period, the court shall determine the e'tent of the penalty according tothe number and nature of the aggraating and mitigating circumstances and the greater and lessere'tent of the eil produced by the crime.

$rt. 3-. Rule in cases in %hich the penalty is not composed of three periods. J In cases in %hich thepenalty prescribed by la% is not composed of three periods, the courts shall apply the rules containedin the foregoing articles, diiding into three equal portions of time included in the penalty prescribed,and forming one period of each of the three portions.

$rt. 33. Imposition of fines. J In imposing fines the courts may fi' any amount %ithin the limits

established by la%( in fi'ing the amount in each case attention shall be gien, not only to themitigating and aggraating circumstances, but more particularly to the %ealth or means of the

culprit.

$rt. 3C. &enalty to be imposed %hen not all the requisites of e'emption of the fourth circumstance of$rticle 12 are present.J hen all the conditions required in circumstances 7umber + of $rticle 12 ofthis ode to e'empt from criminal liability are not present, the penalty of arresto mayor in itsma'imum period to prision correccional in its minimum period shall be imposed upon the culprit if heshall hae been guilty of a grae felony, and arresto mayor in its minimum and medium periods, if ofa less grae felony.chan robles irtual la% library

$rt. 3E. &enalty to be imposed upon a person under eighteen years of age. J hen the offender is aminor under eighteen years and his case is one coming under the proisions of the paragraphs ne'tto the last of $rticle E> of this ode, the follo%ing rules shall be obsered:

1. 9pon a person under fifteen but oer nine years of age, %ho is not e'empted from liability byreason of the court haing declared that he acted %ith discernment, a discretionary penalty shall beimposed, but al%ays lo%er by t%o degrees at least than that prescribed by la% for the crime %hich hecommitted.

2. 9pon a person oer fifteen and under eighteen years of age the penalty ne't lo%er than thatprescribed by la% shall be imposed, but al%ays in the proper period.

$rt. 3A. &enalty to be imposed %hen the crime committed is not %holly e'cusable. J $ penalty lo%er

by one or t%o degrees than that prescribed by la% shall be imposed if the deed is not %hollye'cusable by reason of the lac# of some of the conditions required to justify the same or to e'empt

from criminal liability in the seeral cases mentioned in $rticle 11 and 12, proided that the majorityof such conditions be present. )he courts shall impose the penalty in the period %hich may be

deemed proper, in ie% of the number and nature of the conditions of e'emption present or lac#ing.

$rt. C>. /uccessie serice of sentence. J hen the culprit has to sere t%o or more penalties, heshall sere them simultaneously if the nature of the penalties %ill so permit other%ise, the follo%ingrules shall be obsered:

In the imposition of the penalties, the order of their respectie seerity shall be follo%ed so that theymay be e'ecuted successiely or as nearly as may be possible, should a pardon hae been grantedas to the penalty or penalties first imposed, or should they hae been sered out.

For the purpose of applying the proisions of the ne't preceding paragraph the respectie seerity ofthe penalties shall be determined in accordance %ith the follo%ing scale:

1. eath,

2. Reclusion perpetua,

*. Reclusion temporal,

+. &rision mayor,


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-. &rision correccional,chan robles irtual la% library

3. $rresto mayor,

C. $rresto menor,

E. estierro,

A. &erpetual absolute disqualification,

1> )emporal absolute disqualification.

11. /uspension from public office, the right to ote and be oted for, the right to follo% aprofession or calling, and

12. &ublic censure.

7ot%ithstanding the proisions of the rule ne't preceding, the ma'imum duration of the conict4ssentence shall not be more than three"fold the length of time corresponding to the most seere ofthe penalties imposed upon him. 7o other penalty to %hich he may be liable shall be inflicted afterthe sum total of those imposed equals the same ma'imum period.

/uch ma'imum period shall in no case e'ceed forty years.

In applying the proisions of this rule the duration of perpetual penalties ;pena perpetua< shall becomputed at thirty years. ;$s amended. Fine.

/$=! 70. 2 1. &erpetual absolute disqualification,

2. )emporal absolute disqualification

*. /uspension from public office, the right to ote and be

oted for, the right to follo% a profession or calling,

+. &ublic censure,

-. Fine.

$rt. C2. &reference in the payment of the ciil liabilities. J )he ciil liabilities of a person found guiltyof t%o or more offenses shall be satisfied by follo%ing the chronological order of the dates of the

judgments rendered against him, beginning %ith the first in order of time.


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/ection )hree. J &roisions common in the last t%o preceding sections

$rt. C*. &resumption in regard to the imposition of accessory penalties. J heneer the courts shall

impose a penalty %hich, by proision of la%, carries %ith it other penalties, according to theproisions of $rticles +>, +1, +2, +* and ++ of this ode, it must be understood that the accessorypenalties are also imposed upon the conict.

$rt. C+. &enalty higher than reclusion perpetua in certain cases. J In cases in %hich the la%prescribes a penalty higher than another gien penalty, %ithout specially designating the name of theformer, if such higher penalty should be that of death, the same penalty and the accessory penaltiesof $rticle +>, shall be considered as the ne't higher penalty.

$rt. C-. Increasing or reducing the penalty of fine by one or more degrees. J heneer it may benecessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased orreduced, respectiely, for each degree, by one"fourth of the ma'imum amount prescribed by la%,%ithout ho%eer, changing the minimum.

)he same rules shall be obsered %ith regard of fines that do not consist of a fi'ed amount, but aremade proportional.

$rt. C3. =egal period of duration of diisible penalties. J )he legal period of duration of diisible

penalties shall be considered as diided into three parts, forming three periods, the minimum, themedium, and the ma'imum in the manner sho%n in the follo%ing table:

)$=! /H0I76 )H! 9R$)I07 0F IBI/I=! &!7$=)I!/ $7 )H! )I8! I7=9! I7 !$H 0F

)H!IR &!RI0/

&enalties)ime included in the penalty in its entirety)ime included in its minimum period)ime included in its medium period)ime included in its ma'imumReclusion temporal From 12 years and 1 day to 2> years. From 12 years and 1 day to 1+ yearsand E months. From 1+ years, E months and 1 day to 1C years and + months. From 1C years, +months and 1 day to 2> years.&rision mayor, absolute disqualification and special temporary disqualification From 3 years and 1day to 12 years. From 3 years and 1 day to E years. From E years and 1 day to 1> years.From 1> years and 1 day to 12 years.&rision correccional, suspension and destierro From 3 months and 1 day to 3 years. From 3months and 1 day to 2 years and + months. From 2 years, + months and 1 day to + years and 2months. From + years, 2 months and 1 day to 3 years.

$rresto mayor From 1 month and 1 day to months. From 1 to 2 months. From 2 months and1 day to + months. From + months and 1 day to 3 months.

$rresto menor From 1 to *> days. From 1 to 1> days. From 11 to 2> days. From 21 to *>days.

$rt. CC. hen the penalty is a comple' one composed of three distinct penalties. J In cases in %hichthe la% prescribes a penalty composed of three distinct penalties, each one shall form a period( thelightest of them shall be the minimum the ne't the medium, and the most seere the ma'imumperiod.

heneer the penalty prescribed does not hae one of the forms specially proided for in this ode,the periods shall be distributed, applying by analogy the prescribed rules.hapter Fie!L!9)I07 $7 /!RBI! 0F &!7$=)I!//ection 0ne. J 6eneral &roisions$rt. CE. hen and ho% a penalty is to be e'ecuted. J 7o penalty shall be e'ecuted e'cept by irtueof a final judgment.

$ penalty shall not be e'ecuted in any other form than that prescribed by la%, nor %ith any other

circumstances or incidents than those e'pressly authori?ed thereby.

In addition to the proisions of the la%, the special regulations prescribed for the goernment of the


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institutions in %hich the penalties are to be suffered shall be obsered %ith regard to the character ofthe %or# to be performed, the time of its performance, and other incidents connected there%ith, the

relations of the conicts among themseles and other persons, the relief %hich they may receie, andtheir diet.

)he regulations shall ma#e proision for the separation of the se'es in different institutions, or atleast into different departments and also for the correction and reform of the conicts.

$rt. CA. /uspension of the e'ecution and serice of the penalties in case of insanity. J hen aconict shall become insane or an imbecile after final sentence has been pronounced, the e'ecutionof said sentence shall be suspended only %ith regard to the personal penalty, the proisions of thesecond paragraph of circumstance number 1 of $rticle 12 being obsered in the corresponding cases.

If at any time the conict shall recoer his reason, his sentence shall be e'ecuted, unless the penaltyshall hae prescribed in accordance %ith the proisions of this ode.

)he respectie proisions of this section shall also be obsered if the insanity or imbecility occurs%hile the conict is sering his sentence.

$rt. E>. /uspension of sentence of minor delinquents. J heneer a minor of either se', undersi'teen years of age at the date of the commission of a grae or less grae felony, is accused thereof,the court, after hearing the eidence in the proper proceedings, instead of pronouncing judgment of

coniction, shall suspend all further proceedings and shall commit such minor to the custody or careof a public or priate, beneolent or charitable institution, established under the la% of the care,

correction or education of orphaned, homeless, defectie, and delinquent children, or to the custodyor care of any other responsible person in any other place subject to isitation and superision by the

irector of &ublic elfare or any of his agents or representaties, if there be any, or other%ise by thesuperintendent of public schools or his representaties, subject to such conditions as are prescribed

hereinbelo% until such minor shall hae reached his majority age or for such less period as the courtmay deem proper. chan robles irtual la% library

)he court, in committing said minor as proided aboe, shall ta#e into consideration the religion ofsuch minor, his parents or ne't of #in, in order to aoid his commitment to any priate institution notunder the control and superision of the religious sect or denomination to %hich they belong.

)he irector of &ublic elfare or his duly authori?ed representaties or agents, the superintendent ofpublic schools or his representaties, or the person to %hose custody or care the minor has beencommitted, shall submit to the court eery four months and as often as required in special cases, a%ritten report on the good or bad conduct of said minor and the moral and intellectual progress madeby him.

)he suspension of the proceedings against a minor may be e'tended or shortened by the court onthe recommendation of the irector of &ublic elfare or his authori?ed representatie or agents, orthe superintendent of public schools or his representaties, according as to %hether the conduct ofsuch minor has been good or not and %hether he has complied %ith the conditions imposed uponhim, or not. )he proisions of the first paragraph of this article shall not, ho%eer, be affected by

those contained herein.

If the minor has been committed to the custody or care of any of the institutions mentioned in thefirst paragraph of this article, %ith the approal of the irector of &ublic elfare and subject to such

conditions as this official in accordance %ith la% may deem proper to impose, such minor may beallo%ed to stay else%here under the care of a responsible person.

If the minor has behaed properly and has complied %ith the conditions imposed upon him during hisconfinement, in accordance %ith the proisions of this article, he shall be returned to the court inorder that the same may order his final release.

In case the minor fails to behae properly or to comply %ith the regulations of the institution to %hichhe has been committed or %ith the conditions imposed upon him %hen he %as committed to the careof a responsible person, or in case he should be found incorrigible or his continued stay in suchinstitution should be inadisable, he shall be returned to the court in order that the same may renderthe judgment corresponding to the crime committed by him.

)he e'penses for the maintenance of a minor delinquent confined in the institution to %hich he hasbeen committed, shall be borne totally or partially by his parents or relaties or those persons liableto support him, if they are able to do so, in the discretion of the court( &roided, )hat in case hisparents or relaties or those persons liable to support him hae not been ordered to pay saide'penses or are found indigent and cannot pay said e'penses, the municipality in %hich the offense%as committed shall pay one"third of said e'penses( the proince to %hich the municipality belongsshall pay one"third( and the remaining one"third shall be borne by the 7ational 6oernment:

&roided, ho%eer, )hat %heneer the /ecretary of Finance certifies that a municipality is not able topay its share in the e'penses aboe mentioned, such share %hich is not paid by said municipality

shall be borne by the 7ational 6oernment. hartered cities shall pay t%o"thirds of said e'penses(


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and in case a chartered city cannot pay said e'penses, the internal reenue allotments %hich may bedue to said city shall be %ithheld and applied in settlement of said indebtedness in accordance %ith

section fie hundred and eighty"eight of the $dministratie ode. chan robles irtual la% library

/ection )%o. J !'ecution of principal penalties.$rt. E1. hen and ho% the death penalty is to be e'ecuted. J )he death sentence shall be e'ecuted%ith reference to any other and shall consist in putting the person under sentence to death byelectrocution. )he death sentence shall be e'ecuted under the authority of the irector of &risons,endeaoring so far as possible to mitigate the sufferings of the person under sentence duringelectrocution as %ell as during the proceedings prior to the e'ecution.

If the person under sentence so desires, he shall be anaestheti?ed at the moment of theelectrocution.

$rt. E2. 7otification and e'ecution of the sentence and assistance to the culprit. J )he court shalldesignate a %or#ing day for the e'ecution but not the hour thereof( and such designation shall not becommunicated to the offender before sunrise of said day, and the e'ecution shall not ta#e place untilafter the e'piration of at least eight hours follo%ing the notification, but before sunset. uring theinteral bet%een the notification and the e'ecution, the culprit shall, in so far as possible, befurnished such assistance as he may request in order to be attended in his last moments by priestsor ministers of the religion he professes and to consult la%yers, as %ell as in order to ma#e a %ill and

confer %ith members of his family or persons in charge of the management of his business, of theadministration of his property, or of the care of his descendants.

$rt. E*. /uspension of the e'ecution of the death sentence. J )he death sentence shall not be

inflicted upon a %oman %ithin the three years ne't follo%ing the date of the sentence or %hile she ispregnant, nor upon any person oer seenty years of age. In this last case, the death sentence shall

be commuted to the penalty of reclusion perpetua %ith the accessory penalties proided in $rticle +>.

$rt. E+. &lace of e'ecution and persons %ho may %itness the same. J )he e'ecution shall ta#e placein the penitentiary of ilibid in a space closed to the public ie% and shall be %itnessed only by thepriests assisting the offender and by his la%yers, and by his relaties, not e'ceeding si', if he sorequest, by the physician and the necessary personnel of the penal establishment, and by suchpersons as the irector of &risons may authori?e.

$rt. E-. &roisions relatie to the corpse of the person e'ecuted and its burial. J 9nless claimed byhis family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent tothe e'ecution, be turned oer to the institute of learning or scientific research first applying for it, forthe purpose of study and inestigation, proided that such institute shall ta#e charge of the decentburial of the remains. 0ther%ise, the irector of &risons shall order the burial of the body of theculprit at goernment e'pense, granting permission to be present thereat to the members of thefamily of the culprit and the friends of the latter. In no case shall the burial of the body of a personsentenced to death be held %ith pomp.chan robles irtual la% library

$rt. E3. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto

mayor. J )he penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccionaland arresto mayor, shall be e'ecuted and sered in the places and penal establishments proided by

the $dministratie ode in force or %hich may be proided by la% in the future.

$rt. EC. estierro. J $ny person sentenced to destierro shall not be permitted to enter the place orplaces designated in the sentence, nor %ithin the radius therein specified, %hich shall be not more

than 2-> and not less than 2- #ilometers from the place designated.

$rt. EE. $rresto menor. J )he penalty of arresto menor shall be sered in the municipal jail, or in thehouse of the defendant himself under the sureillance of an officer of the la%, %hen the court soproides in its decision, ta#ing into consideration the health of the offender and other reasons %hichmay seem satisfactory to it.)itle Four!L)I7)I07 0F RI8I7$= =I$I=I)Khapter 0ne)0)$= !L)I7)I07 0F RI8I7$= =I$I=I)K$rt. EA. Ho% criminal liability is totally e'tinguished. J riminal liability is totally e'tinguished:

1. y the death of the conict, as to the personal penalties and as to pecuniary penalties, liabilitytherefor is e'tinguished only %hen the death of the offender occurs before final judgment.

2. y serice of the sentence(


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*. y amnesty, %hich completely e'tinguishes the penalty and all its effects(

+. y absolute pardon(

-. y prescription of the crime(

3. y prescription of the penalty(

C. y the marriage of the offended %oman, as proided in $rticle *++ of this ode.

$rt. A>. &rescription of crime. J rimes punishable by death, reclusion perpetua or reclusiontemporal shall prescribe in t%enty years.

rimes punishable by other afflictie penalties shall prescribe in fifteen years.

)hose punishable by a correctional penalty shall prescribe in ten years( %ith the e'ception of thosepunishable by arresto mayor, %hich shall prescribe in fie years.

)he crime of libel or other similar offenses shall prescribe in one year.

)he crime of oral defamation and slander by deed shall prescribe in si' months.

=ight offenses prescribe in t%o months.chan robles irtual la% library

hen the penalty fi'ed by la% is a compound one, the highest penalty shall be made the basis of theapplication of the rules contained in the first, second and third paragraphs of this article. ;$s

amended by R$ +331, approed Dune 1A, 1A33


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$rt. AC. $llo%ance for good conduct. J )he good conduct of any prisoner in any penal institutionshall entitle him to the follo%ing deductions from the period of his sentence:

1. uring the first t%o years of his imprisonment, he shall be allo%ed a deduction of fie days for

each month of good behaior(

2. uring the third to the fifth year, inclusie, of his imprisonment, he shall be allo%ed a deductionof eight days for each month of good behaior(

*. uring the follo%ing years until the tenth year, inclusie, of his imprisonment, he shall beallo%ed a deduction of ten days for each month of good behaior( and

+. uring the eleenth and successie years of his imprisonment, he shall be allo%ed a deductionof fifteen days for each month of good behaior.chan robles irtual la% library

$rt. AE. /pecial time allo%ance for loyalty. J $ deduction of one"fifth of the period of his sentenceshall be granted to any prisoner %ho, haing eaded the serice of his sentence under thecircumstances mentioned in $rticle -E of this ode, gies himself up to the authorities %ithin +Ehours follo%ing the issuance of a proclamation announcing the passing a%ay of the calamity orcatastrophe to in said article.

$rt. AA. ho grants time allo%ances. J heneer la%fully justified, the irector of &risons shall

grant allo%ances for good conduct. /uch allo%ances once granted shall not be reo#ed.

)itle Fie

IBI= =I$I=I)K

hapter 0ne&!R/07 IBI==K =I$=! F0R F!=07I!/$rt. 1>>. iil liability of a person guilty of felony. J !ery person criminally liable for a felony is alsociilly liable.

$rt. 1>1. Rules regarding ciil liability in certain cases. J )he e'emption from criminal liabilityestablished in subdiisions 1, 2, *, - and 3 of $rticle 12 and in subdiision + of $rticle 11 of this odedoes not include e'emption from ciil liability, %hich shall be enforced subject to the follo%ing rules:

First. In cases of subdiisions 1, 2, and * of $rticle 12, the ciil liability for acts committed by animbecile or insane person, and by a person under nine years of age, or by one oer nine but underfifteen years of age, %ho has acted %ithout discernment, shall deole upon those haing suchperson under their legal authority or control, unless it appears that there %as no faultor negligenceon their part.

/hould there be no person haing such insane, imbecile or minor under his authority, legalguardianship or control, or if such person be insolent, said insane, imbecile, or minor shall respond

%ith their o%n property, e'cepting property e'empt from e'ecution, in accordance %ith the ciil la%.

/econd. In cases falling %ithin subdiision + of $rticle 11, the persons for %hose benefit the harm hasbeen preented shall be ciilly liable in proportion to the benefit %hich they may hae receied.

)he courts shall determine, in sound discretion, the proportionate amount for %hich each one shall be

liable.

hen the respectie shares cannot be equitably determined, een appro'imately, or %hen theliability also attaches to the 6oernment, or to the majority of the inhabitants of the to%n, and, in alleents, %heneer the damages hae been caused %ith the consent of the authorities or their agents,indemnification shall be made in the manner prescribed by special la%s or regulations.

)hird. In cases falling %ithin subdiisions - and 3 of $rticle 12, the persons using iolence or causingthe fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the actshall be liable, saing al%ays to the latter that part of their property e'empt from e'ecution.

$rt. 1>2. /ubsidiary ciil liability of inn#eepers, taern#eepers and proprietors of establishments. JIn default of the persons criminally liable, inn#eepers, taern#eepers, and any other persons orcorporations shall be ciilly liable for crimes committed in their establishments, in all cases %here aiolation of municipal ordinances or some general or special police regulation shall hae beencommitted by them or their employees.

Inn#eepers are also subsidiarily liable for the restitution of goods ta#en by robbery or theft %ithin

their houses from guests lodging therein, or for the payment of the alue thereof, proided that suchguests shall hae notified in adance the inn#eeper himself, or the person representing him, of the

deposit of such goods %ithin the inn( and shall furthermore hae follo%ed the directions %hich such


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inn#eeper or his representatie may hae gien them %ith respect to the care and igilance oersuch goods. 7o liability shall attach in case of robbery %ith iolence against or intimidation of persons

unless committed by the inn#eeper4s employees.chan robles irtual la% library

$rt. 1>*. /ubsidiary ciil liability of other persons. J )he subsidiary liability established in the ne'tpreceding article shall also apply to employers, teachers, persons, and corporations engaged in any#ind of industry for felonies committed by their serants, pupils, %or#men, apprentices, or employeesin the discharge of their duties.hapter )%oH$) IBI= =I$I=I)K I7=9!/$rt. 1>+. hat is included in ciil liability. J )he ciil liability established in $rticles 1>>, 1>1, 1>2,and 1>* of this ode includes:

1. Restitution(

2. Reparation of the damage caused(

*. Indemnification for consequential damages.

$rt. 1>-. Restitution( Ho% made. J )he restitution of the thing itself must be made %heneer

possible, %ith allo%ance for any deterioration, or diminution of alue as determined by the court.

)he thing itself shall be restored, een though it be found in the possession of a third person %ho hasacquired it by la%ful means, saing to the latter his action against the proper person, %ho may be

liable to him.

)his proision is not applicable in cases in %hich the thing has been acquired by the third person inthe manner and under the requirements %hich, by la%, bar an action for its recoery.

$rt. 1>3. Reparation( Ho% made. J )he court shall determine the amount of damage, ta#ing intoconsideration the price of the thing, %heneer possible, and its special sentimental alue to theinjured party, and reparation shall be made accordingly.chan robles irtual la% library

$rt. 1>C. Indemnification( hat is included. J Indemnification for consequential damages shallinclude not only those caused the injured party, but also those suffered by his family or by a thirdperson by reason of the crime.

$rt. 1>E. 0bligation to ma#e restoration, reparation for damages, or indemnification forconsequential damages and actions to demand the same( 9pon %hom it deoles. J )he obligationto ma#e restoration or reparation for damages and indemnification for consequential damagesdeoles upon the heirs of the person liable.

)he action to demand restoration, reparation, and indemnification li#e%ise descends to the heirs ofthe person injured.

$rt. 1>A. /hare of each person ciilly liable. J If there are t%o or more persons ciilly liable for a

felony, the courts shall determine the amount for %hich each must respond.

$rt. 11>. /eeral and subsidiary liability of principals, accomplices and accessories of a felony(&reference in payment. J 7ot%ithstanding the proisions of the ne't preceding article, the principals,

accomplices, and accessories, each %ithin their respectie class, shall be liable seerally ;in solidum

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