Revised Penal Code file 1

7/31/2019 Revised Penal Code file 1

1/44

REVISED PENAL CODE

ACT NO. 3815AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS(December 8, 1930)

Preliminary Article This law shall be known as "TheRevised Penal Code."

BOOK ONEGENERAL PROVISIONS REGARDING THE DATE OF

ENFORCEMENT AND APPLICATION OF THE PROVISIONSOF THIS CODE, AND REGARDING THE OFFENSES, THE

PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS AND APPLICATIONOF THEPROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. This Code shalltake effect on the first day of January, nineteen hundredand thirty-two.

Art. 2.Application of its provisions. Except as providedin the treaties and laws of preferential application, theprovisions of this Code shall be enforced not only withinthe Philippine Archipelago, including its atmosphere, itsinterior waters and maritime zone, but also outside of its

jurisdiction, against those who:

1. Should commit an offense while on a Philippineship or airship

2. Should forge or counterfeit any coin or currencynote of the Philippine Islands or obligations and


2/44

securities issued by the Government of thePhilippine Islands;chan robles virtual law library

3. Should be liable for acts connected with theintroduction into these islands of the obligations

and securities mentioned in the presiding number;

4. While being public officers or employees, shouldcommit an offense in the exercise of their functions;or

5. Should commit any of the crimes against nationalsecurity and the law of nations, defined in Title Oneof Book Two of this Code.

Title One

FELONIES AND CIRCUMSTANCESWHICHAFFECT CRIMINAL LIABILITY

Chapter OneFELONIES

Art. 3. Definitions. Acts and omissions punishable bylaw are felonies (delitos).

Felonies are committed not only be means of deceit(dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberateintent and there is fault when the wrongful act resultsfrom imprudence, negligence, lack of foresight, or lack ofskill.

Art. 4. Criminal liability. Criminal liability shall beincurred:

1. By any person committing a felony (delito)although the wrongful act done be different fromthat which he intended.


3/44

2. By any person performing an act which would bean offense against persons or property, were it notfor the inherent impossibility of its accomplishmentor an account of the employment of inadequate orineffectual means.

Art. 5. Duty of the court in connection with acts whichshould be repressed but which are not covered by thelaw, and in cases of excessivepenalties. Whenever acourt has knowledge of any act which it may deemproper to repress and which is not punishable by law, itshall render the proper decision, and shall report to theChief Executive, through the Department of Justice, thereasons which induce the court to believe that said act

should be made the subject of legislation.In the same way, the court shall submit to the ChiefExecutive, through the Department of Justice, suchstatement as may be deemed proper, withoutsuspending the execution of the sentence, when a strictenforcement of the provisions of this Code would resultin the imposition of a clearly excessive penalty, takinginto consideration the degree of malice and the injurycaused by the offense.

Art. 6. Consummated, frustrated, and attemptedfelonies. Consummated felonies as well as those whichare frustrated and attempted, are punishable.

A felony is consummated when all the elementsnecessary for its execution and accomplishment arepresent; and it is frustrated when the offender performsall the acts of execution which would produce the felonyas a consequence but which, nevertheless, do not

produce it by reason of causes independent of the will ofthe perpetrator.

There is an attempt when the offender commences thecommission of a felony directly or over acts, and doesnot perform all the acts of execution which should


4/44

produce the felony by reason of some cause or accidentother than this own spontaneous desistance.

Art. 7. When light felonies are punishable. Lightfelonies are punishable only when they have been

consummated, with the exception of those committedagainst person or property.chan robles virtual law library

Art. 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishableonly in the cases in which the law specially provides apenalty therefor.

A conspiracy exists when two or more persons come toan agreement concerning the commission of a felony and

decide to commit it.

There is proposal when the person who has decided tocommit a felony proposes its execution to some otherperson or persons.

Art. 9. Grave felonies, less grave felonies and lightfelonies. Grave felonies are those to which the lawattaches the capital punishment or penalties which inany of their periods are afflictive, in accordance with Art.25 of this Code.

Less grave felonies are those which the law punisheswith penalties which in their maximum period arecorrectional, in accordance with the above-mentionedArt..

Light felonies are those infractions of law for thecommission of which a penalty of arrest menor or a finenot exceeding 200 pesos or both; is provided.

Art. 10. Offenses not subject to the provisions of thisCode. Offenses which are or in the future may bepunishable under special laws are not subject to theprovisions of this Code. This Code shall besupplementary to such laws, unless the latter should


5/44

specially provide the contrary.

Chapter TwoJUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCESWHICH EXEMPT FROM CRIMINALLIABILITY

Art. 11.Justifying circumstances. The following do notincur any criminal liability:

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

First. Unlawful aggression.

Second. Reasonable necessity of the meansemployed to prevent or repel it.

Third. Lack of sufficient provocation on the partof the person defending himself.

2. Any one who acts in defense of the person orrights of his spouse, ascendants, descendants, orlegitimate, natural or adopted brothers or sisters, orhis relatives by affinity in the same degrees andthose consanguinity within the fourth civil degree,provided that the first and second requisitesprescribed in the next preceding circumstance arepresent, and the further requisite, in case therevocation was given by the person attacked, thatthe one making defense had no part therein.

3. Anyone who acts in defense of the person orrights of a stranger, provided that the first andsecond requisites mentioned in the firstcircumstance of this Art. are present and that theperson defending be not induced by revenge,resentment, or other evil motive.


6/44

4. Any person who, in order to avoid an evil orinjury, does not act which causes damage toanother, provided that the following requisites arepresent;

First. That the evil sought to be avoidedactually exists;

Second. That the injury feared be greater thanthat done to avoid it;

Third. That there be no other practical and lessharmful means of preventing it.

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

6. Any person who acts in obedience to an orderissued by a superior for some lawful purpose.

Art. 12. Circumstances which exempt from criminalliability. the following are exempt from criminalliability:

1. An imbecile or an insane person, unless the latter

has acted during a lucid interval.

When the imbecile or an insane person hascommitted an act which the law defines as a felony(delito), the court shall order his confinement in oneof the hospitals or asylums established for personsthus afflicted, which he shall not be permitted toleave without first obtaining the permission of thesame court.

2. A person under nine years of age.

3. A person over nine years of age and underfifteen, unless he has acted with discernment, inwhich case, such minor shall be proceeded againstin accordance with the provisions of Art. 80 of thisCode.


7/44

When such minor is adjudged to be criminallyirresponsible, the court, in conformably with theprovisions of this and the preceding paragraph,shall commit him to the care and custody of hisfamily who shall be charged with his surveillanceand education otherwise, he shall be committed tothe care of some institution or person mentioned insaidArt. 80.

4. Any person who, while performing a lawful actwith due care, causes an injury by mere accidentwithout fault or intention ofcausing it.

5. Any person who act under the compulsion ofirresistible 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 requiredby law, when prevented by some lawful insuperablecause.

Chapter ThreeCIRCUMSTANCES WHICH MITIGATECRIMINAL LIABILITY

Art. 13. Mitigating circumstances. The following aremitigating circumstances;

1. Those mentioned in the preceding chapter, whenall the requisites necessary to justify or to exemptfrom criminal liability in the respective cases are notattendant.

2. That the offender is under eighteen year of age or

over seventy years. In the case of the minor, heshall be proceeded against in accordance with theprovisions of Art. 80.

3. That the offender had no intention to commit sograve a wrong as that committed.


8/44

4. That sufficient provocation or threat on the partof the offended party immediately preceded the act.

5. That the act was committed in the immediatevindication of a grave offense to the one committing

the felony (delito), his spouse, ascendants, orrelatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerfulas naturally to have produced passion orobfuscation.

7. That the offender had voluntarily surrenderedhimself 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 orotherwise suffering some physical defect which thusrestricts his means of action, defense, orcommunications with his fellow beings.

9. Such illness of the offender as would diminish theexercise of the will-power of the offender withouthowever depriving him of the consciousness of hisacts.chan robles virtual law library

10. And, finally, any other circumstances of a similarnature and analogous to those above mentioned.

Chapter FourCIRCUMSTANCE WHICH AGGRAVATECRIMINAL LIABILITY

Art. 14.Aggravating circumstances. The following areaggravating circumstances:

1. That advantage be taken by the offender of hispublic position.

2. That the crime be committed in contempt or withinsult to the public authorities.


9/44

3. That the act be committed with insult or indisregard of the respect due the offended party onaccount of his rank, age, or sex, or that is becommitted in the dwelling of the offended party, ifthe latter has not given provocation.

4. That the act be committed with abuse ofconfidence or obvious ungratefulness.

5. That the crime be committed in the palace of theChief Executive or in his presence, or where publicauthorities are engaged in the discharge of theirduties, 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, wheneversuch circumstances may facilitate the commission ofthe offense.

Whenever more than three armed malefactors shallhave acted together in the commission of anoffense, it shall be deemed to have been committedby a band.

7. That the crime be committed on the occasion of aconflagration, shipwreck, earthquake, epidemic orother calamity or misfortune.

8. That the crime be committed with the aid ofarmed men or persons who insure or affordimpunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for

one crime, shall have been previously convicted byfinal judgment of another crime embraced in thesame title of this Code.

10. That the offender has been previously punishedby an offense to which the law attaches an equal or


10/44

greater penalty or for two or more crimes to which itattaches a lighter penalty.

11. That the crime be committed in consideration ofa price, reward, or promise.

12. That the crime be committed by means ofinundation, fire, poison, explosion, stranding of avessel or international damage thereto, derailmentof a locomotive, or by the use of any other artificeinvolving 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 anyof the crimes against the person, employing means,

methods, or forms in the execution thereof whichtend directly and specially to insure its execution,without risk to himself arising from the defensewhich the offended party might make.

17. That means be employed or circumstancesbrought about which add ignominy to the naturaleffects of the act.

18. That the crime be committed after an unlawful

entry.

There is an unlawful entry when an entrance of acrime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid ofpersons under fifteen years of age or by means of


11/44

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

21. That the wrong done in the commission of thecrime be deliberately augmented by causing other

wrong not necessary for its commissions.

Chapter FiveALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. Alternative circumstances arethose which must be taken into consideration asaggravating or mitigating according to the nature andeffects of the crime and the other conditions attendingits commission. They are the relationship, intoxicationand the degree of instruction and education of theoffender.

The alternative circumstance of relationship shall betaken into consideration when the offended party in thespouse, ascendant, descendant, legitimate, natural, oradopted brother or sister, or relative by affinity in thesame degrees of the offender.

The intoxication of the offender shall be taken intoconsideration as a mitigating circumstances when theoffender has committed a felony in a state ofintoxication, if the same is not habitual or subsequent tothe plan to commit said felony but when the intoxicationis habitual or intentional, it shall be considered as anaggravating circumstance.

Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. The following arecriminally liable for grave and less grave felonies:

1. Principals.


12/44

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.

Art. 17. Principals. The following are consideredprincipals:

1. Those who take a direct part in the execution ofthe act;

2. Those who directly force or induce others to

commit it;

3. Those who cooperate in the commission of theoffense by another act without which it would nothave been accomplished.

Art. 18.Accomplices. Accomplices are those personswho, not being included in Art. 17, cooperate in theexecution of the offense by previous or simultaneousacts.

Art. 19.Accessories. Accessories are those who,having knowledge of the commission of the crime, andwithout having participated therein, either as principalsor accomplices, take part subsequent to its commissionin any of the following manners:chan robles virtual law library

1. By profiting themselves or assisting the offenderto profit by the effects of the crime.

2. By concealing or destroying the body of thecrime, or the effects or instruments thereof, inorder to prevent its discovery.

3. By harboring, concealing, or assisting in theescape of the principals of the crime, provided theaccessory acts with abuse of his public functions or


13/44

whenever the author of the crime is guilty oftreason, parricide, murder, or an attempt to takethe life of the Chief Executive, or is known to behabitually guilty of some other crime.

Art. 20.Accessories who are exempt from criminalliability. The penalties prescribed for accessories shallnot be imposed upon those who are such with respect totheir spouses, ascendants, descendants, legitimate,natural, and adopted brothers and sisters, or relatives byaffinity within the same degrees, with the singleexception of accessories falling within the provisions ofparagraph 1 of the next preceding article.

Title Three

P E N A L T I E S

Chapter OnePENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. No felony shallbe punishable by any penalty not prescribed by law priorto its commission.

Art. 22. Retroactive effect of penal laws. Penal Lawsshall have a retroactive effect insofar as they favor thepersons guilty of a felony, who is not a habitual criminal,as this term is defined in Rule 5 of Article 62 of thisCode, although at the time of the publication of suchlaws a final sentence has been pronounced and theconvict is serving the same.

Art. 23. Effect of pardon by the offended party. A

pardon of the offended party does not extinguishcriminal action except as provided in Article 344 of thisCode; but civil liability with regard to the interest of theinjured party is extinguished by his express waiver.


14/44

Art. 24. Measures of prevention or safety which are norconsidered penalties. The following shall not beconsidered as penalties:

1. The arrest and temporary detention of accused

persons, as well as their detention by reason ofinsanity or imbecility, or illness requiring theirconfinement in a hospital.

2. The commitment of a minor to any of theinstitutions mentioned in Article 80 and for thepurposes specified therein.

3. Suspension from the employment of public officeduring the trial or in order to institute proceedings.

4. Fines and other corrective measures which, in theexercise of their administrative disciplinary powers,superior officials may impose upon theirsubordinates.

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

Chapter Two

CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. Thepenalties which may be imposed according to this Code,and their different classes, are those included in thefollowing:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:


15/44

Reclusion perpetua,Reclusion temporal,Perpetual or temporary absolutedisqualification,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, andBond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,Perpetual or temporary special disqualification,Suspension from public office, the right to vote andbe voted for, the profession or calling.Civil interdiction,Indemnification,Forfeiture or confiscation of instruments andproceeds of the offense,

Payment of costs.

Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an alternativepenalty, shall be considered an afflictive penalty, if itexceeds 6,000 pesos; a correctional penalty, if it doesnot exceed 6,000 pesos but is not less than 200 pesos;


16/44

and a light penalty if it less than 200 pesos.

Chapter ThreeDURATION AND EFFECTS OF PENALTIES

Section One. Duration of Penalties

Art. 27. Reclusion perpetua. Any person sentenced toany of the perpetual penalties shall be pardoned afterundergoing the penalty for thirty years, unless suchperson by reason of his conduct or some other seriouscause shall be considered by the Chief Executive asunworthy of pardon.

Reclusion temporal. The penalty of reclusion temporalshall be from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. Theduration of the penalties of prision mayor and temporarydisqualification shall be from six years and one day totwelve years, except when the penalty of disqualificationis imposed as an accessory penalty, in which case itsduration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. Theduration of the penalties of prision correccional,suspension and destierro shall be from six months andone day to six years, except when suspension is imposedas an accessory penalty, in which case, its duration shallbe that of the principal penalty.

Arresto mayor. The duration of the penalty of arrestomayor shall be from one month and one day to six

months.

Arresto menor. The duration of the penalty of arrestomenor shall be from one day to thirty days.

Bond to keep the peace. The bond to keep the peaceshall be required to cover such period of time as thecourt may determine.


17/44

Art. 28. Computation of penalties. If the offender shallbe in prison, the term of the duration of the temporarypenalties shall be computed from the day on which the

judgment of conviction shall have become final.

If the offender be not in prison, the term of the durationof the penalty consisting of deprivation of liberty shall becomputed from the day that the offender is placed at thedisposal of the judicial authorities for the enforcement ofthe penalty. The duration of the other penalties shall becomputed only from the day on which the defendantcommences to serve his sentence.

Art. 29. Period of preventive imprisonment deductedfrom term of imprisonment. Offenders who haveundergone preventive imprisonment shall be credited inthe service of their sentence consisting of deprivation ofliberty, with the full time during which they haveundergone preventive imprisonment, if the detentionprisoner agrees voluntarily in writing to abide by thesame disciplinary rules imposed upon convictedprisoners, 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 execution oftheir sentence they have failed to surrendervoluntarily.

If the detention prisoner does not agree to abide by thesame disciplinary rules imposed upon convictedprisoners, he shall be credited in the service of hissentence with four-fifths of the time during which he has

undergone preventive imprisonment. (As amended by RepublicAct 6127, June 17, 1970).

Whenever an accused has undergone preventiveimprisonment for a period equal to or more than thepossible maximum imprisonment of the offense chargedto which he may be sentenced and his case is not yet


18/44

terminated, he shall be released immediately withoutprejudice to the continuation of the trial thereof or theproceeding on appeal, if the same is under review. Incase the maximum penalty to which the accused may besentenced is destierro, he shall be released after thirty(30) days of preventive imprisonment. (As amended by E.O. No.214, July 10, 1988).

Section Two. Effects of the penaltiesaccording totheir respective nature

Art. 30. Effects of the penalties of perpetual ortemporary absolute disqualification. The penalties ofperpetual or temporary absolute disqualification forpublic office shall produce the following effects:

1. The deprivation of the public offices andemployments 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 tosuch office.

3. The disqualification for the offices or publicemployments and for the exercise of any of therights mentioned.

In case of temporary disqualification, suchdisqualification as is comprised in paragraphs 2 and3 of this article shall last during the term of thesentence.

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

pension for any office formerly held.

Art. 31. Effect of the penalties of perpetual or temporaryspecial disqualification. The penalties of perpetual ortemporal special disqualification for public office,profession or calling shall produce the following effects:


19/44

1. The deprivation of the office, employment,profession or calling affected;

2. The disqualification for holding similar offices oremployments either perpetually or during the term

of the sentence according to the extent of suchdisqualification.

Art. 32. Effect of the penalties of perpetual or temporaryspecial disqualification for the exercise of the right ofsuffrage. The perpetual or temporary specialdisqualification for the exercise of the right of suffrageshall deprive the offender perpetually or during the termof the sentence, according to the nature of said penalty,of the right to vote in any popular election for any publicoffice or to be elected to such office. Moreover, theoffender shall not be permitted to hold any public officeduring the period of his disqualification.

Art. 33. Effects of the penalties of suspension from anypublic office, profession or calling, or the right ofsuffrage. The suspension from public office, professionor calling, and the exercise of the right of suffrage shalldisqualify the offender from holding such office or

exercising such profession or calling or right of suffrageduring the term of the sentence.

The person suspended from holding public office shallnot hold another having similar functions during theperiod of his suspension.

Art. 34. Civil interdiction. Civil interdiction shalldeprive the offender during the time of his sentence ofthe rights of parental authority, or guardianship, either

as to the person or property of any ward, of maritalauthority, of the right to manage his property and of theright to dispose of such property by any act or anyconveyance inter vivos.

Art. 35. Effects of bond to keep the peace. It shall bethe duty of any person sentenced to give bond to keep


20/44

the peace, to present two sufficient sureties who shallundertake that such person will not commit the offensesought to be prevented, and that in case such offense becommitted they will pay the amount determined by thecourt in the judgment, or otherwise to deposit suchamount in the office of the clerk of the court toguarantee said undertaking.

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

Should the person sentenced fail to give the bond asrequired he shall be detained for a period which shall inno case exceed six months, is he shall have beenprosecuted for a grave or less grave felony, and shall notexceed thirty days, if for a light felony.

Art. 36. Pardon; its effect. A pardon shall not work therestoration of the right to hold public office, or the rightof suffrage, unless such rights be expressly restored bythe terms of the pardon.

A pardon shall in no case exempt the culprit from thepayment of the civil indemnity imposed upon him by thesentence.

Art. 37. Cost; What are included. Costs shall includefees and indemnities in the course of the judicialproceedings, whether they be fixed or unalterableamounts previously determined by law or regulations inforce, or amounts not subject to schedule.

Art. 38. Pecuniary liabilities; Order of payment. In casethe property of the offender should not be sufficient forthe payment of all his pecuniary liabilities, the sameshall be met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.


21/44

4. The cost of the proceedings.

Art. 39. Subsidiary penalty. If the convict has noproperty with which to meet the fine mentioned in theparagraph 3 of the nest preceding article, he shall be

subject to a subsidiary personal liability at the rate ofone day for each eight pesos, subject to the followingrules:

1. If the principal penalty imposed be prisioncorreccional or arresto and fine, he shall remainunder confinement until his fine referred to in thepreceding paragraph is satisfied, but his subsidiaryimprisonment shall not exceed one-third of the termof the sentence, and in no case shall it continue formore than one year, and no fraction or part of a dayshall be counted against the prisoner.

2. When the principal penalty imposed be only afine, the subsidiary imprisonment shall not exceedsix months, if the culprit shall have been prosecutedfor a grave or less grave felony, and shall notexceed fifteen days, if for a light felony.

3. When the principal imposed is higher than prision

correccional, no subsidiary imprisonment shall beimposed upon the culprit.

4. If the principal penalty imposed is not to beexecuted by confinement in a penal institution, butsuch penalty is of fixed duration, the convict, duringthe period of time established in the precedingrules, shall continue to suffer the same deprivationsas those of which the principal penalty consists.chanrobles virtual law library

5. The subsidiary personal liability which the convictmay have suffered by reason of his insolvency shallnot relieve him, from the fine in case his financialcircumstances should improve. (As amended by RA 5465,April 21, 1969).


22/44

Section Three. Penalties in which otheraccessorypenalties

are inherent

Art. 40. Death; Its accessory penalties. The deathpenalty, when it is not executed by reason ofcommutation or pardon shall carry with it that ofperpetual absolute disqualification and that of civilinterdiction during thirty years following the datesentence, unless such accessory penalties have beenexpressly remitted in the pardon.

Art. 41. Reclusion perpetua and reclusion temporal;Their accessory penalties. The penalties of reclusionperpetua and reclusion temporal shall carry with themthat of civil interdiction for life or during the period ofthe sentence as the case may be, and that of perpetualabsolute disqualification which the offender shall suffereven though pardoned as to the principal penalty, unlessthe same shall have been expressly remitted in thepardon.

Art. 42. Prision mayor; Its accessory penalties. Thepenalty of prision mayor, shall carry with it that of

temporary absolute disqualification and that of perpetualspecial disqualification from the right of suffrage whichthe offender shall suffer although pardoned as to theprincipal penalty, unless the same shall have beenexpressly remitted in the pardon.

Art. 43. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with it thatof suspension from public office, from the right to followa profession or calling, and that of perpetual special

disqualification from the right of suffrage, if the durationof said imprisonment shall exceed eighteen months. Theoffender shall suffer the disqualification provided in thearticle although pardoned as to the principal penalty,unless the same shall have been expressly remitted inthe pardon.


23/44

Art. 44.Arresto; Its accessory penalties. The penaltyof arresto shall carry with it that of suspension of theright too hold office and the right of suffrage during theterm of the sentence.

Art. 45. Confiscation and forfeiture of the proceeds orinstruments of the crime. Every penalty imposed forthe commission of a felony shall carry with it theforfeiture of the proceeds of the crime and theinstruments or tools with which it was committed.

Such proceeds and instruments or tools shall beconfiscated and forfeited in favor of the Government,unless they be property of a third person not liable forthe offense, but those articles which are not subject oflawful commerce shall be destroyed.

Chapter FourAPPLICATION OF PENALTIES

Section One. Rules for the application of penaltiesto the personscriminally liable and for the graduation of

the same.

Art. 46. Penalty to be imposed upon principals ingeneral. The penalty prescribed by law for thecommission of a felony shall be imposed upon theprincipals in the commission of such felony.

Whenever the law prescribes a penalty for a felony isgeneral terms, it shall be understood as applicable to theconsummated felony.

Art. 47. In what cases the death penalty shall not beimposed. The death penalty shall be imposed in allcases in which it must be imposed under existing laws,except in the following cases:

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


24/44

2. When upon appeal or revision of the case by theSupreme court, all the members thereof are notunanimous in their voting as to the propriety of theimposition of the death penalty. For the impositionof said penalty or for the confirmation of a judgmentof the inferior court imposing the death sentence,the Supreme Court shall render its decision percuriam, which shall be signed by all justices of saidcourt, unless some member or members thereofshall have been disqualified from taking part in theconsideration of the case, in which even theunanimous vote and signature of only the remaining

justices shall be required.

Art. 48. Penalty for complex crimes. When a single actconstitutes two or more grave or less grave felonies, orwhen an offense is a necessary means for committingthe other, the penalty for the most serious crime shall beimposed, the same to be applied in its maximum period.

Art. 49. Penalty to be imposed upon the principals whenthe crime committed is different from that intended. Incases in which the felony committed is different fromthat which the offender intended to commit, the

following rules shall be observed:

1. If the penalty prescribed for the felony committedbe higher than that corresponding to the offensewhich the accused intended to commit, the penaltycorresponding to the latter shall be imposed in itsmaximum period.

2. If the penalty prescribed for the felony committedbe lower than that corresponding to the one which

the accused intended to commit, the penalty for theformer shall be imposed in its maximum period.

3. The rule established by the next precedingparagraph shall not be applicable if the actscommitted by the guilty person shall also constitutean attempt or frustration of another crime, if the


25/44

law prescribes a higher penalty for either of thelatter offenses, in which case the penalty providedfor the attempted or the frustrated crime shall beimposed in its maximum period.

Art. 50. Penalty to be imposed upon principals of afrustrated crime. The penalty next lower in degreethan that prescribed by law for the consummated felonyshall be imposed upon the principal in a frustratedfelony.

Art. 51. Penalty to be imposed upon principals ofattempted crimes. A penalty lower by two degreesthan that prescribed by law for the consummated felonyshall be imposed upon the principals in an attempt tocommit a felony.

Art. 52. Penalty to be imposed upon accomplices inconsummatedcrime. The penalty next lower in degreethan that prescribed by law for the consummated shallbe imposed upon the accomplices in the commission of aconsummated felony.

Art. 53. Penalty to be imposed upon accessories to thecommission of a consummated felony. The penaltylower by two degrees than that prescribed by law for theconsummated felony shall be imposed upon theaccessories to the commission of a consummated felony.

Art. 54. Penalty to imposed upon accomplices in afrustrated crime. The penalty next lower in degreethan prescribed by law for the frustrated felony shall beimposed upon the accomplices in the commission of afrustrated felony.

Art. 55. Penalty to be imposed upon accessories of afrustrated crime. The penalty lower by two degreesthan that prescribed by law for the frustrated felonyshall be imposed upon the accessories to the commissionof a frustrated felony.


26/44

Art. 56. Penalty to be imposed upon accomplices in anattemptedcrime. The penalty next lower in degreethan that prescribed by law for an attempt to commit afelony shall be imposed upon the accomplices in anattempt to commit the felony.

Art. 57. Penalty to be imposed upon accessories of anattemptedcrime. The penalty lower by two degreesthan that prescribed by law for the attempted felonyshall be imposed upon the accessories to the attempt tocommit a felony.

Art. 58.Additional penalty to be imposed uponcertainaccessories. Those accessories falling withinthe terms of paragraphs 3 of Article 19 of this Code whoshould act with abuse of their public functions, shallsuffer the additional penalty of absolute perpetualdisqualification if the principal offender shall be guilty ofa grave felony, and that of absolute temporarydisqualification if he shall be guilty of a less gravefelony.

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

aims sought are impossible. When the personintending to commit an offense has already performedthe acts for the execution of the same but neverthelessthe crime was not produced by reason of the fact thatthe act intended was by its nature one of impossibleaccomplishment or because the means employed by suchperson are essentially inadequate to produce the resultdesired by him, the court, having in mind the socialdanger and the degree of criminality shown by theoffender, shall impose upon him the penalty of arresto

mayor or a fine from 200 to 500 pesos.

Art. 60. Exception to the rules established in Articles 50to 57. The provisions contained in Articles 50 to 57,inclusive, of this Code shall not be applicable to cases inwhich the law expressly prescribes the penalty provided


27/44

for a frustrated or attempted felony, or to be imposedupon accomplices or accessories.

Art. 61. Rules for graduating penalties. For thepurpose of graduating the penalties which, according to

the provisions of Articles 50 to 57, inclusive, of thisCode, are to be imposed upon persons guilty asprincipals of any frustrated or attempted felony, or asaccomplices or accessories, the following rules shall beobserved:

1. When the penalty prescribed for the felony issingle and indivisible, the penalty next lower indegrees shall be that immediately following thatindivisible penalty in the respective graduated scaleprescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime iscomposed of two indivisible penalties, or of one ormore divisible penalties to be impose to their fullextent, the penalty next lower in degree shall bethat immediately following the lesser of thepenalties prescribed in the respective graduatedscale.

3. When the penalty prescribed for the crime iscomposed of one or two indivisible penalties andthe maximum period of another divisible penalty,the penalty next lower in degree shall be composedof the medium and minimum periods of the properdivisible penalty and the maximum periods of theproper divisible penalty and the maximum period ofthat immediately following in said respectivegraduated scale.

4. when the penalty prescribed for the crime iscomposed of several periods, corresponding todifferent divisible penalties, the penalty next lowerin degree shall be composed of the periodimmediately following the minimum prescribed andof the two next following, which shall be taken from


28/44

the penalty prescribed, if possible; otherwise fromthe penalty immediately following in the abovementioned respective graduated scale.

5. When the law prescribes a penalty for a crime in

some manner not especially provided for in the fourpreceding rules, the courts, proceeding by analogy,shall impose corresponding penalties upon thoseguilty as principals of the frustrated felony, or ofattempt to commit the same, and upon accomplicesand accessories.

TABULATION OF THE PROVISIONS OF THE CHAPTER

PenaltyPrescribe

for thecrime

Penalty to beimposedupon the

principal in afrustratedcrime, andaccomplice

in aconsummate

d crime

Penalty to beimposedupon the

principal inan

attemptedcrime, the

accessory inthe

consummate

d crime andtheaccomplices

in afrustrated

crime.

Penalty tobe imposed

upon theaccessory

in afrustratedcrime, and

theaccomplices

in an

attemptedcrime

Penalty tobe

imposedupon theaccessory

in anattempted

crime

FirstCase

Death ReclusionPerpetua

ReclusionTemporal

Prision Mayor PrisionCorreccional

SecondCase

ReclusionPerpetuato

Death

ReclusionTemporal

Prision Mayor PrisionCorreccional

ArrestoMayor

ThirdCase

ReclusionTemporalin itsmaximumperiod todeath

PrisionMayorin itsmaximumperiodtoreclusiontemporal in its

Prisioncorreccional inits maximumperiodtoprisionmayorin its

ArrestoMayorin it smaximumperiodtoprisioncorreccionali

FineandArrestoMayorin itsminimumand mediumperiods


29/44

mediumperiod

mediumperiod

n its mediumperiod

FourthCase

PrisionMayorin

itsmaximumperiodtoreclusiontemporalin itsmediumperiod.

Prisioncorreccional in

its maximumperiodtoprisionmayorin itsmediumperiod.

Arrestomayorin its

maximumperiodtoprisioncorreccional inits mediumperiod.

FineandArresto

Mayorin itsminimumand mediumperiods

Fine.

Section Two. Rules for the application of penalties

with regard to the mitigating and aggravatingcircumstances, and habitual delinquency.

Art. 62. Effect of the attendance of mitigating oraggravating circumstances and of habitualdelinquency. Mitigating or aggravating circumstancesand habitual delinquency shall be taken into account forthe purpose of diminishing or increasing the penalty inconformity with the following rules:

1. Aggravating circumstances which in themselvesconstitute a crime specially punishable by law orwhich are included by the law in defining a crimeand prescribing the penalty therefor shall not betaken into account for the purpose of increasing thepenalty.

2. The same rule shall apply with respect to anyaggravating circumstance inherent in the crime to

such a degree that it must of necessity accompanythe commission thereof.

3. Aggravating or mitigating circumstances whicharise from the moral attributes of the offender, orfrom his private relations with the offended party,or from any other personal cause, shall only serve to


30/44

aggravate or mitigate the liability of the principals,accomplices and accessories as to whom suchcircumstances are attendant.

4. The circumstances which consist in the material

execution of the act, or in the means employed toaccomplish it, shall serve to aggravate or mitigatethe liability of those persons only who hadknowledge of them at the time of the execution ofthe act or their cooperation therein.

5. Habitual delinquency shall have the followingeffects:

(a) Upon a third conviction the culprit shall besentenced to the penalty provided by law forthe last crime of which he be found guilty andto the additional penalty of prision correccionalin its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shallbe sentenced to the penalty provided for thelast crime of which he be found guilty and tothe additional penalty of prision mayor in itsminimum and medium periods; and

(c) Upon a fifth or additional conviction, theculprit shall be sentenced to the penaltyprovided for the last crime of which he befound guilty and to the additional penalty ofprision mayor in its maximum period toreclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the totalof the two penalties to be imposed upon the offender, inconformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemedto be habitual delinquent, is within a period of ten yearsfrom the date of his release or last conviction of thecrimes of serious or less serious physical injuries, robo,


31/44

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

Art. 63. Rules for the application of indivisiblepenalties. In all cases in which the law prescribes a

single indivisible penalty, it shall be applied by thecourts regardless of any mitigating or aggravatingcircumstances that may have attended the commissionof the deed.

In all cases in which the law prescribes a penaltycomposed of two indivisible penalties, the following rulesshall be observed in the application thereof:

1. When in the commission of the deed there is

present only one aggravating circumstance, thegreater penalty shall be applied.

2. When there are neither mitigating noraggravating circumstances and there is noaggravating circumstance, the lesser penalty shallbe applied.

3. When the commission of the act is attended bysome mitigating circumstances and there is noaggravating circumstance, the lesser penalty shallbe applied.

4. When both mitigating and aggravatingcircumstances attended the commission of the act,the court shall reasonably allow them to offset oneanother in consideration of their number andimportance, for the purpose of applying the penaltyin accordance with the preceding rules, according tothe result of such compensation.

Art. 64. Rules for the application of penalties whichcontain three periods. In cases in which the penaltiesprescribed by law contain three periods, whether it be asingle divisible penalty or composed of three differentpenalties, each one of which forms a period inaccordance with the provisions of Articles 76 and 77, the


32/44

court shall observe for the application of the penalty thefollowing rules, according to whether there are or arenot mitigating or aggravating circumstances:

1. When there are neither aggravating normitigating circumstances, they shall impose thepenalty prescribed by law in its medium period.

2. When only a mitigating circumstances is presentin the commission of the act, they shall impose thepenalty in its minimum period.

3. When an aggravating circumstance is present inthe commission of the act, they shall impose thepenalty in its maximum period.

4. When both mitigating and aggravatingcircumstances are present, the court shallreasonably offset those of one class against theother according to their relative weight.

5. When there are two or more mitigatingcircumstances and no aggravating circumstancesare present, the court shall impose the penalty nextlower to that prescribed by law, in the period that itmay deem applicable, according to the number andnature of such circumstances.

6. Whatever may be the number and nature of theaggravating circumstances, the courts shall notimpose a greater penalty than that prescribed bylaw, in its maximum period.

7. Within the limits of each period, the court shalldetermine the extent of the penalty according tothe number and nature of the aggravating andmitigating circumstances and the greater and lesserextent of the evil produced by the crime.

Art. 65. Rule in cases in which the penalty is notcomposed of three periods. In cases in which thepenalty prescribed by law is not composed of threeperiods, the courts shall apply the rules contained in the


33/44

foregoing articles, dividing into three equal portions oftime included in the penalty prescribed, and forming oneperiod of each of the three portions.

Art. 66. Imposition of fines. In imposing fines the

courts may fix any amount within the limits establishedby law; in fixing the amount in each case attention shallbe given, not only to the mitigating and aggravatingcircumstances, but more particularly to the wealth ormeans of the culprit.

Art. 67. Penalty to be imposed when not all therequisites of exemption of the fourth circumstance of

Article 12 are present. When all the conditions requiredin circumstances Number 4 of Article 12 of this Code toexempt from criminal liability are not present, thepenalty of arresto mayor in its maximum period toprision correccional in its minimum period shall beimposed upon the culprit if he shall have been guilty of agrave felony, and arresto mayor in its minimum andmedium periods, if of a less grave felony.chan robles virtual lawlibrary

Art. 68. Penalty to be imposed upon a person undereighteen years of age. When the offender is a minor

under eighteen years and his case is one coming underthe provisions of the paragraphs next to the last ofArticle 80 of this Code, the following rules shall beobserved:

1. Upon a person under fifteen but over nine yearsof age, who is not exempted from liability by reasonof the court having declared that he acted withdiscernment, a discretionary penalty shall beimposed, but always lower by two degrees at least

than that prescribed by law for the crime which hecommitted.

2. Upon a person over fifteen and under eighteenyears of age the penalty next lower than thatprescribed by law shall be imposed, but always inthe proper period.


34/44

Art. 69. Penalty to be imposed when the crimecommitted is not wholly excusable. A penalty lower byone or two degrees than that prescribed by law shall beimposed if the deed is not wholly excusable by reason ofthe lack of some of the conditions required to justify thesame or to exempt from criminal liability in the severalcases mentioned in Article 11 and 12, provided that themajority of such conditions be present. The courts shallimpose the penalty in the period which may be deemedproper, in view of the number and nature of theconditions of exemption present or lacking.

Art. 70. Successive service of sentence. When theculprit has to serve two or more penalties, he shall servethem simultaneously if the nature of the penalties will sopermit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of theirrespective severity shall be followed so that they may beexecuted successively or as nearly as may be possible,should a pardon have been granted as to the penalty orpenalties first imposed, or should they have been servedout.

For the purpose of applying the provisions of the nextpreceding paragraph the respective severity of thepenalties shall be determined in accordance with thefollowing scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,chan robles virtual law library

6. Arresto mayor,

7. Arresto menor,


35/44

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to voteand be voted for, the right to follow a profession orcalling, and

12. Public censure.

Notwithstanding the provisions of the rule nextpreceding, the maximum duration of the convict'ssentence shall not be more than three-fold the length of

time corresponding to the most severe of the penaltiesimposed upon him. No other penalty to which he may beliable shall be inflicted after the sum total of thoseimposed equals the same maximum period.

Such maximum period shall in no case exceed fortyyears.

In applying the provisions of this rule the duration ofperpetual penalties (pena perpetua) shall be computed

at thirty years. (As amended).

Art. 71. Graduated scales. In the case in which the lawprescribed a penalty lower or higher by one or moredegrees than another given penalty, the rules prescribedin Article 61 shall be observed in graduating suchpenalty.

The lower or higher penalty shall be taken from thegraduated scale in which is comprised the given penalty.

The courts, in applying such lower or higher penalty,shall observe the following graduated scales:

SCALE NO. 11. Death,


36/44

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.

SCALE NO. 21. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to

vote and be

voted for, the right to follow a profession orcalling,

4. Public censure,

5. Fine.

Art. 72. Preference in the payment of the civil

liabilities. The civil liabilities of a person found guiltyof two or more offenses shall be satisfied by followingthe chronological order of the dates of the judgmentsrendered against him, beginning with the first in order oftime.


37/44

Section Three. Provisions common in the lasttwopreceding sections

Art. 73. Presumption in regard to the imposition ofaccessorypenalties. Whenever the courts shall imposea penalty which, by provision of law, carries with it otherpenalties, according to the provisions of Articles 40, 41,42, 43 and 44 of this Code, it must be understood thatthe accessory penalties are also imposed upon theconvict.

Art. 74. Penalty higher than reclusion perpetua in certaincases. In cases in which the law prescribes a penaltyhigher than another given penalty, without speciallydesignating the name of the former, if such higherpenalty should be that of death, the same penalty andthe accessory penalties of Article 40, shall be consideredas the next higher penalty.

Art. 75. Increasing or reducing the penalty of fine by oneor more degrees. Whenever it may be necessary toincrease or reduce the penalty of fine by one or moredegrees, it shall be increased or reduced, respectively,for each degree, by one-fourth of the maximum amount

prescribed by law, without however, changing theminimum.

The same rules shall be observed with regard of finesthat do not consist of a fixed amount, but are madeproportional.

Art. 76. Legal period of duration of divisible penalties. The legal period of duration of divisible penalties shallbe considered as divided into three parts, forming three

periods, the minimum, the medium, and the maximum inthe manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIESAND THE TIME INCLUDED IN EACH OF THEIR PERIODS


38/44

Penalties Timeincluded in thepenaltyin its

entirety

Timeincluded

in itsminimum

period

Timeincluded in itsmediumperiod

Timeincluded

in itsmaximum

Reclusion temporal From 12yearsand 1day to20 years.

From 12years and1 day to14 yearsand 8months.

From 14years, 8monthsand 1day to17 yearsand 4

months.

From 17years, 4monthsand 1 dayto 20years.

Prision mayor,absolutedisqualification andspecial temporarydisqualification

From 6yearsand 1day to12 years.

From 6years and1 day to 8years.

From 8yearsand 1day to10 years.

From 10years and1 day to12 years.

Prisioncorreccional,suspension and destierro

From 6monthsand 1day to 6

years.

From 6monthsand 1 dayto 2 years

and 4months.

From 2years, 4monthsand 1

day to 4yearsand 2months.

From 4years, 2monthsand 1 day

to 6 years.

Arresto mayor From 1monthand 1day tomonths.

From 1 to2 months.

From 2monthsand 1day to 4months.

From 4monthsand 1 dayto 6months.

Arresto menor From 1

to 30days.

From 1 to

10 days.

From 11

to 20days.

From 21 to

30 days.

Art. 77. When the penalty is a complex one composed ofthree distinct penalties. In cases in which the law


39/44

prescribes a penalty composed of three distinctpenalties, each one shall form a period; the lightest ofthem shall be the minimum the next the medium, andthe most severe the maximum period.

Whenever the penalty prescribed does not have one ofthe forms specially provided for in this Code, the periodsshall be distributed, applying by analogy the prescribedrules.

Chapter FiveEXECUTION AND SERVICE OF PENALTIES

Section One. General Provisions

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

judgment.

A penalty shall not be executed in any other form thanthat prescribed by law, nor with any other circumstancesor incidents than those expressly authorized thereby.

In addition to the provisions of the law, the specialregulations prescribed for the government of theinstitutions in which the penalties are to be sufferedshall be observed with regard to the character of thework to be performed, the time of its performance, andother incidents connected therewith, the relations of theconvicts among themselves and other persons, the reliefwhich they may receive, and their diet.

The regulations shall make provision for the separation

of the sexes in different institutions, or at least intodifferent departments and also for the correction andreform of the convicts.

Art. 79. Suspension of the execution and service of thepenalties in case of insanity. When a convict shallbecome insane or an imbecile after final sentence has


40/44

been pronounced, the execution of said sentence shallbe suspended only with regard to the personal penalty,the provisions of the second paragraph of circumstancenumber 1 of Article 12 being observed in thecorresponding cases.

If at any time the convict shall recover his reason, hissentence shall be executed, unless the penalty shallhave prescribed in accordance with the provisions of thisCode.

The respective provisions of this section shall also beobserved if the insanity or imbecility occurs while theconvict is serving his sentence.

Art. 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex, under sixteen years ofage at the date of the commission of a grave or lessgrave felony, is accused thereof, the court, after hearingthe evidence in the proper proceedings, instead ofpronouncing judgment of conviction, shall suspend allfurther proceedings and shall commit such minor to thecustody or care of a public or private, benevolent orcharitable institution, established under the law of the

care, correction or education of orphaned, homeless,defective, and delinquent children, or to the custody orcare of any other responsible person in any other placesubject to visitation and supervision by the Director ofPublic Welfare or any of his agents or representatives, ifthere be any, or otherwise by the superintendent ofpublic schools or his representatives, subject to suchconditions as are prescribed hereinbelow until suchminor shall have reached his majority age or for suchless period as the court may deem proper. chan robles virtual lawlibrary

The court, in committing said minor as provided above,shall take into consideration the religion of such minor,his parents or next of kin, in order to avoid hiscommitment to any private institution not under thecontrol and supervision of the religious sect ordenomination to which they belong.


41/44

The Director of Public Welfare or his duly authorizedrepresentatives or agents, the superintendent of publicschools or his representatives, or the person to whosecustody or care the minor has been committed, shallsubmit to the court every four months and as often asrequired in special cases, a written report on the good orbad conduct of said minor and the moral and intellectualprogress made by him.

The suspension of the proceedings against a minor maybe extended or shortened by the court on therecommendation of the Director of Public Welfare or hisauthorized representative or agents, or thesuperintendent of public schools or his representatives,according as to whether the conduct of such minor hasbeen good or not and whether he has complied with theconditions imposed upon him, or not. The provisions ofthe first paragraph of this article shall not, however, beaffected by those contained herein.

If the minor has been committed to the custody or careof any of the institutions mentioned in the firstparagraph of this article, with the approval of theDirector of Public Welfare and subject to such conditions

as this official in accordance with law may deem properto impose, such minor may be allowed to stay elsewhereunder the care of a responsible person.

If the minor has behaved properly and has complied withthe conditions imposed upon him during hisconfinement, in accordance with the provisions of thisarticle, he shall be returned to the court in order that thesame may order his final release.

In case the minor fails to behave properly or to complywith the regulations of the institution to which he hasbeen committed or with the conditions imposed uponhim when he was committed to the care of a responsibleperson, or in case he should be found incorrigible or hiscontinued stay in such institution should be inadvisable,he shall be returned to the court in order that the same


42/44

may render the judgment corresponding to the crimecommitted by him.

The expenses for the maintenance of a minor delinquentconfined in the institution to which he has been

committed, shall be borne totally or partially by hisparents or relatives or those persons liable to supporthim, if they are able to do so, in the discretion of thecourt; Provided, That in case his parents or relatives orthose persons liable to support him have not beenordered to pay said expenses or are found indigent andcannot pay said expenses, the municipality in which theoffense was committed shall pay one-third of saidexpenses; the province to which the municipality belongsshall pay one-third; and the remaining one-third shall beborne by the National Government: Provided, however,That whenever the Secretary of Finance certifies that amunicipality is not able to pay its share in the expensesabove mentioned, such share which is not paid by saidmunicipality shall be borne by the National Government.Chartered cities shall pay two-thirds of said expenses;and in case a chartered city cannot pay said expenses,the internal revenue allotments which may be due tosaid city shall be withheld and applied in settlement of

said indebtedness in accordance with section fivehundred and eighty-eight of the Administrative Code.chanrobles virtual law library

Section Two. Execution of principal penalties.

Art. 81. When and how the death penalty is to beexecuted. The death sentence shall be executed withreference to any other and shall consist in putting theperson under sentence to death by electrocution. Thedeath sentence shall be executed under the authority ofthe Director of Prisons, endeavoring so far as possible tomitigate the sufferings of the person under sentenceduring electrocution as well as during the proceedingsprior to the execution.


43/44

If the person under sentence so desires, he shall beanaesthetized at the moment of the electrocution.

Art. 82. Notification and execution of the sentence andassistance to the culprit. The court shall designate a

working day for the execution but not the hour thereof;and such designation shall not be communicated to theoffender before sunrise of said day, and the executionshall not take place until after the expiration of at leasteight hours following the notification, but before sunset.During the interval between the notification and theexecution, the culprit shall, in so far as possible, befurnished such assistance as he may request in order tobe attended in his last moments by priests or ministersof the religion he professes and to consult lawyers, aswell as in order to make a will and confer with membersof his family or persons in charge of the management ofhis business, of the administration of his property, or ofthe care of his descendants.

Art. 83. Suspension of the execution of the deathsentence. The death sentence shall not be inflictedupon a woman within the three years next following thedate of the sentence or while she is pregnant, nor upon

any person over seventy years of age. In this last case,the death sentence shall be commuted to the penalty ofreclusion perpetua with the accessory penalties providedin Article 40.

Art. 84. Place of execution and persons who may witnessthesame. The execution shall take place in thepenitentiary of Bilibid in a space closed to the publicview and shall be witnessed only by the priests assistingthe offender and by his lawyers, and by his relatives, not

exceeding six, if he so request, by the physician and thenecessary personnel of the penal establishment, and bysuch persons as the Director of Prisons may authorize.

Art. 85. Provisions relative to the corpse of the personexecuted and its burial. Unless claimed by his family,the corpse of the culprit shall, upon the completion of


44/44

the legal proceedings subsequent to the execution, beturned over to the institute of learning or scientificresearch first applying for it, for the purpose of studyand investigation, provided that such institute shall takecharge of the decent burial of the remains. Otherwise,the Director of Prisons shall order the burial of the bodyof the culprit at government expense, grantingpermission to be present thereat to the members of thefamily of the culprit and the friends of the latter. In nocase shall the burial of the body of a person sentenced todeath be held with pomp.chan robles virtual law library

Art. 86. Reclusion perpetua, reclusion temporal, prisionmayor, prision correccional and arresto mayor. Thepenalties of reclusion perpetua, reclusion temporal,prision mayor, prision correccional and arresto mayor,shall be executed and served in the places and penalestablishments provided by the Administrative Code inforce or which may be provided by law in the future.

Art. 87. Destierro. Any person sentenced to destierroshall not be permitted to enter the place or placesdesignated in the sentence, nor within the radius thereinspecified, which shall be not more than 250 and not less

than 25 kilometers from the place designated.

Art. 88.Arresto menor. The penalty of arresto menorshall be served in the municipal jail, or in the house ofthe defendant himself under the surveillance of anofficer of the law, when the court so provides in itsdecision, taking into consideration the health of theoffender and other reasons which may seemsatisfactoryto it.

Documents

Revised Penal Code file 1