Art. 114. Treason.— Any person who, owing allegiance to (the United States or) theGovernmentof the Philippine Islands, not being a foreigner, levies war againstthemor adheres to their enemies, giving them aid or comfort within thePhilippineIslands or elsewhere, shall be punished by reclusion temporal to deathand shall pay a fine not to exceed P20,000 pesos.
No person shallbe convicted of treason unless on the testimony of two witnesses atleastto the same overt act or on confession of the accused in open court.chanrobles virtual law library
Likewise, analien, residing in the Philippine Islands, who commits acts of treasonas defined in paragraph 1 of this Article shall be punished by prisionmayor to death and shall pay a fine not to exceed P20,000 pesos. (Asamended by E.O. No. 44, May 31, 1945).
Art. 115. Conspiracyand proposal to commit treason; Penalty. — The conspiracy orproposalto commit the crime of treason shall be punished respectively, byprisionmayor and a fine not exceeding P10,000 pesos, and prision correccionaland a fine not exceeding P5,000 pesos.chanrobles virtual law library
Art. 116. Misprisionof treason. — Every person owing allegiance to (the United States)the Government of the Philippine Islands, without being a foreigner,andhaving knowledge of any conspiracy against them, conceals or does notdiscloseand make known the same, as soon as possible to the governor or fiscalof the province, or the mayor or fiscal of the city in which heresides,as the case may be, shall be punished as an accessory to the crime oftreason.chanrobles virtual law library
Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon anypersonwho:
- 1. Withoutauthority therefor, enters a warship, fort, or naval or militaryestablishmentor reservation to obtain any information, plans, photographs, or otherdata of a confidential nature relative to the defense of the PhilippineArchipelago; or
2. Being inpossession, by reason of the public office he holds, of the articles,data,or information referred to in the preceding paragraph, discloses theircontents to a representative of a foreign nation.chanrobles virtual law library
The penalty nexthigher in degree shall be imposed if the offender be a public officeroremployee.
Art.118. Incitingto war or giving motives for reprisals. — The penalty of reclusiontemporal shall be imposed upon any public officer or employee, and thatof prision mayor upon any private individual, who, by unlawful orunauthorizedacts provokes or gives occasion for a war involving or liable toinvolvethe Philippine Islands or exposes Filipino citizens to reprisals ontheirpersons or property.
Art. 119. Violationof neutrality. — The penalty of prision correccional shall beinflictedupon anyone who, on the occasion of a war in which the Government isnotinvolved, violates any regulation issued by competent authority for thepurpose of enforcing neutrality.chanrobles virtual law library
Art. 120. Correspondencewith hostile country. — Any person who in time of war, shall havecorrespondencewith an enemy country or territory occupied by enemy troops shall bepunished:
- 1. By prisioncorreccional, if the correspondence has been prohibited by theGovernment;
2. By prisionmayor, if such correspondence be carried on in ciphers or conventionalsigns; and
3. By reclusiontemporal, if notice or information be given thereby which might beusefulto the enemy. If the offender intended to aid the enemy by giving suchnotice or information, he shall suffer the penalty of reclusiontemporalto death.chanrobles virtual law library
Art. 121. Flightto enemy country. — The penalty of arresto mayor shall beinflictedupon any person who, owing allegiance to the Government, attempts tofleeor go to an enemy country when prohibited by competent authority.
Art.122. Piracyin general and mutiny on the high seas. — The penalty of reclusiontemporal shall be inflicted upon any person who, on the high seas,shallattack or seize a vessel or, not being a member of its complement nor apassenger, shall seize the whole or part of the cargo of said vessel,itsequipment, or personal belongings of its complement or passengers.
The same penaltyshall be inflicted in case of mutiny on the high seas.chanrobles virtual law library
Art. 123. Qualifiedpiracy. — The penalty of reclusion temporal to death shall beimposedupon those who commit any of the crimes referred to in the precedingarticle,under any of the following circ*mstances:
- 1. Wheneverthey have seized a vessel by boarding or firing upon the same;
2. Wheneverthe pirates have abandoned their victims without means of savingthemselves;or
3. Wheneverthe crime is accompanied by murder, homicide, physical injuries or rape.chanrobles virtual law library
Art.124. Arbitrarydetention. — Any public officer or employee who, without legalgrounds,detains a person, shall suffer;
- 1. The penaltyof arresto mayor in its maximum period to prision correccional in itsminimumperiod, if the detention has not exceeded three days;
2. The penaltyof prision correccional in its medium and maximum periods, if thedetentionhas continued more than three but not more than fifteen days;
3. The penaltyof prision mayor, if the detention has continued for more than fifteendays but not more than six months; and
4. That of reclusiontemporal, if the detention shall have exceeded six months.chanrobles virtual law library
The commissionof a crime, or violent insanity or any other ailment requiring thecompulsoryconfinement of the patient in a hospital, shall be considered legalgroundsfor the detention of any person.
Art. 125. Delayin the delivery of detained persons to the proper judicial authorities.— The penalties provided in the next preceding article shall be imposedupon the public officer or employee who shall detain any person forsomelegal ground and shall fail to deliver such person to the properjudicialauthorities within the period of; twelve (12) hours, for crimes oroffensespunishable by light penalties, or their equivalent; eighteen (18)hours,for crimes or offenses punishable by correctional penalties, or theirequivalentand thirty-six (36) hours, for crimes, or offenses punishable byafflictiveor capital penalties, or their equivalent.chanrobles virtual law librarychan robles virtual law library
In every case,the person detained shall be informed of the cause of his detention andshall be allowed upon his request, to communicate and confer at anytimewith his attorney or counsel. (As amended by E.O. Nos.59and 272, Nov. 7, 1986 and July 25, 1987, respectively).
Art. 126. Delayingrelease. — The penalties provided for in Article 124 shall beimposedupon any public officer or employee who delays for the period of timespecifiedtherein the performance of any judicial or executive order for thereleaseof a prisoner or detention prisoner, or unduly delays the service ofthenotice of such order to said prisoner or the proceedings upon anypetitionfor the liberation of such person.chanrobles virtual law library
Art. 127. Expulsion. — The penalty of prision correccional shall be imposed upon any publicofficer or employee who, not being thereunto authorized by law, shallexpelany person from the Philippine Islands or shall compel such person tochangehis residence.chanrobles virtual law library
Art.128. Violationof domicile. — The penalty of prision correccional in its minimumperiodshall be imposed upon any public officer or employee who, not beingauthorizedby judicial order, shall enter any dwelling against the will of theownerthereof, search papers or other effects found therein without thepreviousconsent of such owner, or having surreptitiously entered said dwelling,and being required to leave the premises, shall refuse to do so.
If the offensebe committed in the night-time, or if any papers or effects notconstitutingevidence of a crime be not returned immediately after the search madebythe offender, the penalty shall be prision correccional in its mediumandmaximum periods.chanrobles virtual law library
Art. 129. Searchwarrants maliciously obtained and abuse in the service of those legallyobtained. — In addition to the liability attaching to the offenderfor the commission of any other offense, the penalty of arresto mayorinits maximum period to prision correccional in its minimum period and afine not exceeding P1,000 pesos shall be imposed upon any publicofficeror employee who shall procure a search warrant without just cause, or,having legally procured the same, shall exceed his authority or useunnecessaryseverity in executing the same.chanrobles virtual law library
Art. 130. Searchingdomicile without witnesses. — The penalty of arresto mayor in itsmediumand maximum periods shall be imposed upon a public officer or employeewho, in cases where a search is proper, shall search the domicile,papersor other belongings of any person, in the absence of the latter, anymemberof his family, or in their default, without the presence of twowitnessesresiding in the same locality.chanrobles virtual law library
Art.131. Prohibition,interruption and dissolution of peaceful meetings. — The penalty ofprision correccional in its minimum period shall be imposed upon anypublicofficer or employee who, without legal ground, shall prohibit orinterruptthe holding of a peaceful meeting, or shall dissolve the same.
The same penaltyshall be imposed upon a public officer or employee who shall hinder anyperson from joining any lawful association or from attending any of itsmeetings.chanrobles virtual law library
The same penaltyshall be imposed upon any public officer or employee who shall prohibitor hinder any person from addressing, either alone or together withothers,any petition to the authorities for the correction of abuses or redressof grievances.chanrobles virtual law library
Art.132. Interruptionof religious worship. — The penalty of prision correccional in itsminimum period shall be imposed upon any public officer or employee whoshall prevent or disturb the ceremonies or manifestations of anyreligion.
If the crimeshall have been committed with violence or threats, the penalty shallbeprision correccional in its medium and maximum periods.chanrobles virtual law library
Art. 133. Offendingthe religious feelings. — The penalty of arresto mayor in itsmaximumperiod to prision correccional in its minimum period shall be imposeduponanyone who, in a place devoted to religious worship or during thecelebrationof any religious ceremony shall perform acts notoriously offensive tothefeelings of the faithful.chanrobles virtual law library
Art.134. Rebellionor insurrection; How committed. — The crime of rebellion orinsurrectionis committed by rising publicly and taking arms against the Governmentfor the purpose of removing from the allegiance to said Government oritslaws, the territory of the Philippine Islands or any part thereof, ofanybody of land, naval or other armed forces, depriving the ChiefExecutiveor the Legislature, wholly or partially, of any of their powers orprerogatives. (As amended by R.A. 6968).
Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is aswiftattack accompanied by violence, intimidation, threat, strategy orstealth,directed against duly constituted authorities of the Republic of thePhilippines,or any military camp or installation, communications network, publicutilitiesor other facilities needed for the exercise and continued possession ofpower, singly or simultaneously carried out anywhere in the Philippinesby any person or persons, belonging to the military or police orholdingany public office of employment with or without civilian support orparticipationfor the purpose of seizing or diminishing state power. (Asamended by R.A. 6968).
Art. 135. Penaltyfor rebellion, insurrection or coup d'etat. — Any person whopromotes,maintains, or heads rebellion or insurrection shall suffer the penaltyof reclusion perpetua.chanrobles virtual law library
Any person merelyparticipating or executing the commands of others in a rebellion shallsuffer the penalty of reclusion temporal.chanrobles virtual law library
Any person wholeads or in any manner directs or commands others to undertake a coupd'etatshall suffer the penalty of reclusion perpetua.chanrobles virtual law library
Any person inthe government service who participates, or executes directions orcommandsof others in undertaking a coup d'etat shall suffer the penaltyof prision mayor in its maximum period.chanrobles virtual law library
Any person notin the government service who participates, or in any manner supports,finances, abets or aids in undertaking a coup d'etat shallsufferthe penalty of reclusion temporal in its maximum period.chanrobles virtual law library
When the rebellion,insurrection, or coup d'etat shall be under the command ofunknownleaders, any person who in fact directed the others, spoke for them,signedreceipts and other documents issued in their name, as performed similaracts, on behalf or the rebels shall be deemed a leader of such arebellion,insurrection, or coup d'etat. (As amended byR.A.6968, approved on October 24, 1990).
Art. 136. Conspiracyand proposal to commit coup d'etat, rebellion or insurrection. —Theconspiracy and proposal to commit coup d'etat shall bepunishedby prision mayor in minimum period and a fine which shall not exceedeightthousand pesos (P8,000.00).chanrobles virtual law library
The conspiracyand proposal to commit rebellion or insurrection shall be punishedrespectively,by prision correccional in its maximum period and a fine which shallnotexceed five thousand pesos (P5,000.00) and by prision correccional initsmedium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).
Art. 137. Disloyaltyof public officers or employees. — The penalty of prisioncorreccionalin its minimum period shall be imposed upon public officers oremployeeswho have failed to resist a rebellion by all the means in their power,or shall continue to discharge the duties of their offices under thecontrolof the rebels or shall accept appointment to office under them. (Reinstatedby E.O. No. 187).
Art. 138. Incitinga rebellion or insurrection. — The penalty of prision mayor in itsminimum period shall be imposed upon any person who, without takingarmsor being in open hostility against the Government, shall incite othersto the execution of any of the acts specified in article 134 of thisCode,by means of speeches, proclamations, writings, emblems, banners orotherrepresentations tending to the same end. (Reinstatedby E.O.No. 187).
Art. 139. Sedition;How committed. — The crime of sedition is committed by persons whorise publicly and tumultuously in order to attain by force,intimidation,or by other means outside of legal methods, any of the followingobjects:
- 1. To preventthe promulgation or execution of any law or the holding of any popularelection;
2. To preventthe National Government, or any provincial or municipal government oranypublic officer thereof from freely exercising its or his functions, orprevent the execution of any administrative order;
3. To inflictany act of hate or revenge upon the person or property of any publicofficeror employee;
4. To commit,for any political or social end, any act of hate or revenge againstprivatepersons or any social class; and
5. To despoil,for any political or social end, any person, municipality or province,or the National Government (or the Government of the United States), ofall its property or any part thereof.chanrobles virtual law library
Art. 140. Penaltyfor sedition. — The leader of a sedition shall suffer the penaltyofprision mayor in its minimum period and a fine not exceeding 10,000pesos.
Other personsparticipating therein shall suffer the penalty of prision correccionalin its maximum period and a fine not exceeding 5,000 pesos. (Reinstatedby E.O. No. 187).
Art. 141. Conspiracyto commit sedition. — Persons conspiring to commit the crime ofseditionshall be punished by prision correccional in its medium period and afinenot exceeding 2,000 pesos. (Reinstated by E.O. No.187).
Art. 142. Incitingto sedition. — The penalty of prision correccional in its maximumperiodand a fine not exceeding 2,000 pesos shall be imposed upon any personwho,without taking any direct part in the crime of sedition, should inciteothers to the accomplishment of any of the acts which constitutesedition,by means of speeches, proclamations, writings, emblems, cartoons,banners,or other representations tending to the same end, or upon any person orpersons who shall utter seditious words or speeches, write, publish, orcirculate scurrilous libels against the Government (of the UnitedStatesor the Government of the Commonwealth) of the Philippines, or any oftheduly constituted authorities thereof, or which tend to disturb orobstructany lawful officer in executing the functions of his office, or whichtendto instigate others to cabal and meet together for unlawful purposes,orwhich suggest or incite rebellious conspiracies or riots, or which leador tend to stir up the people against the lawful authorities or todisturbthe peace of the community, the safety and order of the Government, orwho shall knowingly conceal such evil practices. (Reinstatedby E.O. No. 187).
Art.143. Acttending to prevent the meeting of the Assembly and similar bodies. —The penalty of prision correccional or a fine ranging from 200 to 2,000pesos, or both, shall be imposed upon any person who, by force orfraud,prevents the meeting of the National Assembly (Congress of thePhilippines)or of any of its committees or subcommittees, constitutionalcommissionsor committees or divisions thereof, or of any provincial board or cityor municipal council or board. (Reinstated by E.O. No.187).
Art. 144. Disturbanceof proceedings. — The penalty of arresto mayor or a fine from 200to1,000 pesos shall be imposed upon any person who disturbs the meetingsof the National Assembly (Congress of the Philippines) or of any of itscommittees or subcommittees, constitutional commissions or committeesordivisions thereof, or of any provincial board or city or municipalcouncilor board, or in the presence of any such bodies should behave in suchmanneras to interrupt its proceedings or to impair the respect due it. (Reinstatedby E.O. No. 187).
Art.145. Violationof parliamentary immunity. — The penalty of prision mayor shall beimposed upon any person who shall use force, intimidation, threats, orfraud to prevent any member of the National Assembly (Congress of thePhilippines)from attending the meetings of the Assembly (Congress) or of any of itscommittees or subcommittees, constitutional commissions or committeesordivisions thereof, from expressing his opinions or casting his vote;andthe penalty of prision correccional shall be imposed upon any publicofficeror employee who shall, while the Assembly (Congress) is in regular orspecialsession, arrest or search any member thereof, except in case suchmemberhas committed a crime punishable under this Code by a penalty higherthanprision mayor.
Art.146. Illegalassemblies. — The penalty of prision correccional in its maximumperiodto prision mayor in its medium period shall be imposed upon theorganizersor leaders of any meeting attended by armed persons for the purpose ofcommitting any of the crimes punishable under this Code, or of anymeetingin which the audience is incited to the commission of the crime oftreason,rebellion or insurrection, sedition or assault upon a person inauthorityor his agents. Persons merely present at such meeting shall suffer thepenalty of arresto mayor, unless they are armed, in which case thepenaltyshall be prision correccional.chan robles virtual law library
If any personpresent at the meeting carries an unlicensed firearm, it shall bepresumedthat the purpose of said meeting, insofar as he is concerned, is tocommitacts punishable under this Code, and he shall be considered a leader ororganizer of the meeting within the purview of the preceding paragraph.chanrobles virtual law library
As used in thisarticle, the word "meeting" shall be understood to include agatheringor group, whether in a fixed place or moving. (Reinstatedby E.O. No. 187).
Art. 147. Illegalassociations. — The penalty of prision correccional in its minimumand medium periods and a fine not exceeding 1,000 pesos shall beimposedupon the founders, directors, and presidents of associations totally orpartially organized for the purpose of committing any of the crimespunishableunder this Code or for some purpose contrary to public morals. Meremembersof said associations shall suffer the penalty of arresto mayor.(Reinstated by E.O. No. 187).
Art.148. Directassaults. — Any person or persons who, without a public uprising,shallemploy force or intimidation for the attainment of any of the purposeenumeratedin defining the crimes of rebellion and sedition, or shall attack,employforce, or seriously intimidate or resist any person in authority or anyof his agents, while engaged in the performance of official duties, oron occasion of such performance, shall suffer the penalty of prisioncorreccionalin its medium and maximum periods and a fine not exceeding P1,000pesos,when the assault is committed with a weapon or when the offender is apublicofficer or employee, or when the offender lays hands upon a person inauthority.If none of these circ*mstances be present, the penalty of prisioncorreccionalin its minimum period and a fine not exceeding P500 pesos shall beimposed.
Art. 149. Indirectassaults. — The penalty of prision correccional in its minimum andmedium periods and a fine not exceeding P500 pesos shall be imposeduponany person who shall make use of force or intimidation upon any personcoming to the aid of the authorities or their agents on occasion of thecommission of any of the crimes defined in the next preceding article.chanrobles virtual law library
Art. 150. Disobedienceto summons issued by the National Assembly, its committees orsubcommittees,by the Constitutional Commissions, its committees, subcommittees ordivisions. — The penalty of arresto mayor or a fine ranging from two hundred toonethousand pesos, or both such fine and imprisonment shall be imposeduponany person who, having been duly summoned to attend as a witness beforethe National Assembly, (Congress), its special or standing committeesandsubcommittees, the Constitutional Commissions and its committees,subcommittees,or divisions, or before any commission or committee chairman or memberauthorized to summon witnesses, refuses, without legal excuse, to obeysuch summons, or being present before any such legislative orconstitutionalbody or official, refuses to be sworn or placed under affirmation or toanswer any legal inquiry or to produce any books, papers, documents, orrecords in his possession, when required by them to do so in theexerciseof their functions. The same penalty shall be imposed upon any personwhoshall restrain another from attending as a witness, or who shall inducedisobedience to a summon or refusal to be sworn by any such body orofficial.chanrobles virtual law library
Art. 151. Resistanceand disobedience to a person in authority or the agents of such person. — The penalty of arresto mayor and a fine not exceeding 500 pesosshallbe imposed upon any person who not being included in the provisions ofthe preceding articles shall resist or seriously disobey any person inauthority, or the agents of such person, while engaged in theperformanceof official duties.chanrobles virtual law library
When the disobedienceto an agent of a person in authority is not of a serious nature, thepenaltyof arresto menor or a fine ranging from 10 to P100 pesos shall beimposedupon the offender.chanrobles virtual law library
Art. 152. Personsin authority and agents of persons in authority;Who shall bedeemedas such. — In applying the provisions of the preceding and otherarticlesof this Code, any person directly vested with jurisdiction, whether asan individual or as a member of some court or governmental corporation,board, or commission, shall be deemed a person in authority. A barriocaptainand a barangay chairman shall also be deemed a person in authority.chanrobles virtual law library
A person who,by direct provision of law or by election or by appointment bycompetentauthority, is charged with the maintenance of public order and theprotectionand security of life and property, such as a barrio councilman, barriopoliceman and barangay leader and any person who comes to the aid ofpersonsin authority, shall be deemed an agent of a person in authority.chanrobles virtual law library
In applyingthe provisions of Articles 148 and 151 of this Code, teachers,professorsand persons charged with the supervision of public or duly recognizedprivateschools, colleges and universities, and lawyers in the actualperformanceof their professional duties or on the occasion of such performance,shallbe deemed persons in authority.(As amended by PD No.299,Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).
Art.153. Tumultsand other disturbance of public orders; Tumultuous disturbance orinterruptionliable to cause disturbance. — The penalty of arresto mayor in itsmedium period to prision correccional in its minimum period and a finenot exceeding 1,000 pesos shall be imposed upon any person who shallcauseany serious disturbance in a public place, office, or establishment, orshall interrupt or disturb public performances, functions orgatherings,or peaceful meetings, if the act is not included in the provisions ofArticles131 and 132.
The penaltynext higher in degree shall be imposed upon persons causing anydisturbanceor interruption of a tumultuous character.chanrobles virtual law library
The disturbanceor interruption shall be deemed to be tumultuous if caused by more thanthree persons who are armed or provided with means of violence.chanrobles virtual law library
The penaltyof arresto mayor shall be imposed upon any person who in any meeting,association,or public place, shall make any outcry tending to incite rebellion orseditionor in such place shall display placards or emblems which provoke adisturbanceof the public order.chanrobles virtual law library
The penaltyof arresto menor and a fine not to exceed P200 pesos shall be imposeduponthese persons who in violation of the provisions contained in the lastclause of Article 85, shall bury with pomp the body of a person who hasbeen legally executed.chanrobles virtual law library
Art. 154. Unlawfuluse of means of publication and unlawful utterances. — The penaltyof arresto mayor and a fine ranging from P200 to P1,000 pesos shall beimposed upon:
- 1. Any personwho by means of printing, lithography, or any other means ofpublicationshall publish or cause to be published as news any false news which mayendanger the public order, or cause damage to the interest or credit ofthe State;
2. Any personwho by the same means, or by words, utterances or speeches shallencouragedisobedience to the law or to the constituted authorities or praise,justify,or extol any act punished by law;
3. Any personwho shall maliciously publish or cause to be published any officialresolutionor document without proper authority, or before they have beenpublishedofficially; or
4. Any personwho shall print, publish, or distribute or cause to be printed,published,or distributed books, pamphlets, periodicals, or leaflets which do notbear the real printer's name, or which are classified as anonymous.chanrobles virtual law library
Art. 155. Alarmsand scandals. — The penalty of arresto menor or a fine notexceedingP200 pesos shall be imposed upon:
- 1. Any personwho within any town or public place, shall discharge any firearm,rocket,firecracker, or other explosives calculated to cause alarm or danger;
2. Any personwho shall instigate or take an active part in any charivari or otherdisorderlymeeting offensive to another or prejudicial to public tranquility;
3. Any personwho, while wandering about at night or while engaged in any othernocturnalamusem*nts, shall disturb the public peace; or
4. Any personwho, while intoxicated or otherwise, shall cause any disturbance orscandalin public places, provided that the circ*mstances of the case shall notmake the provisions of Article 153 applicable.chanrobles virtual law library
Art. 156. Deliveryof prisoners from jails. — The penalty of arresto mayor in itsmaximumperiod of prision correccional in its minimum period shall be imposeduponany person who shall remove from any jail or penal establishment anypersonconfined therein or shall help the escape of such person, by means ofviolence,intimidation, or bribery. If other means are used, the penalty ofarrestomayor shall be imposed.
If the escapeof the prisoner shall take place outside of said establishments bytakingthe guards by surprise, the same penalties shall be imposed in theirminimumperiod.chanrobles virtual law library
Art.157. Evasionof service of sentence. — The penalty of prision correccional initsmedium and maximum periods shall be imposed upon any convict who shallevade service of his sentence by escaping during the term of hisimprisonmentby reason of final judgment. However, if such evasion or escape shallhavetaken place by means of unlawful entry, by breaking doors, windows,gates,walls, roofs, or floors, or by using picklocks, false keys, deceit,violenceor intimidation, or through connivance with other convicts or employeesof the penal institution, the penalty shall be prision correccional inits maximum period.
Art. 158. Evasionof service of sentence on the occasion of disorder, conflagrations,earthquakes,or other calamities. — A convict who shall evade the service of hissentence, by leaving the penal institution where he shall have beenconfined,on the occasion of disorder resulting from a conflagration, earthquake,explosion, or similar catastrophe, or during a mutiny in which he hasnotparticipated, shall suffer an increase of one-fifth of the time stillremainingto be served under the original sentence, which in no case shall exceedsix months, if he shall fail to give himself up to the authoritieswithinforty-eight hours following the issuance of a proclamation by the ChiefExecutive announcing the passing away of such calamity.chanrobles virtual law library
Convicts who,under the circ*mstances mentioned in the preceding paragraph, shallgivethemselves up to the authorities within the above mentioned period of48hours, shall be entitled to the deduction provided in Article 98.chanrobles virtual law library
Art. 159. Othercases of evasion of service of sentence. — The penalty of prisioncorreccionalin its minimum period shall be imposed upon the convict who, havingbeengranted conditional pardon by the Chief Executive, shall violate any ofthe conditions of such pardon. However, if the penalty remitted by thegranting of such pardon be higher than six years, the convict shallthensuffer the unexpired portion of his original sentence.chanrobles virtual law library
Art.160. Commissionof another crime during service of penalty imposed for another offense;Penalty. — Besides the provisions of Rule 5 of Article 62, anypersonwho shall commit a felony after having been convicted by finaljudgment,before beginning to serve such sentence, or while serving the same,shallbe punished by the maximum period of the penalty prescribed by law forthe new felony.chan robles virtual law library
Any convictof the class referred to in this article, who is not a habitualcriminal,shall be pardoned at the age of seventy years if he shall have alreadyserved out his original sentence, or when he shall complete it afterreachingthe said age, unless by reason of his conduct or other circ*mstances heshall not be worthy of such clemency.chanrobles virtual law library
Art. 161. Counterfeitingthe great seal of the Government of the Philippine Islands, forging thesignature or stamp of the Chief Executive. — The penalty ofreclusiontemporal shall be imposed upon any person who shall forge the GreatSealof the Government of the Philippine Islands or the signature or stampofthe Chief Executive.chanrobles virtual law library
Art. 162. Usingforged signature or counterfeit seal or stamp. — The penalty ofprisionmayor shall be imposed upon any person who shall knowingly make use ofthe counterfeit seal or forged signature or stamp mentioned in theprecedingarticle.chanrobles virtual law library
Art.163. Makingand importing and uttering false coins. — Any person who makes,imports,or utters, false coins, in connivance with counterfeiters, orimporters,shall suffer:
- 1. Prisionmayor in its minimum and medium periods and a fine not to exceedP10,000pesos, if the counterfeited coin be silver coin of the Philippines orcoinof the Central Bank of the Philippines of ten centavo denomination orabove.chanrobles virtual law library
2. Prision correccionalin its minimum and medium periods and a fine of not to exceed P2,000pesos,if the counterfeited coins be any of the minor coinage of thePhilippinesor of the Central Bank of the Philippines below ten-centavodenomination.chanrobles virtual law library
3. Prision correccionalin its minimum period and a fine not to exceed P1,000 pesos, if thecounterfeitedcoin be currency of a foreign country. (As amended byR.A.No. 4202, approved June 19, 1965).
Art. 164. Mutilationof coins; Importation and utterance of mutilated coins. — Thepenaltyof prision correccional in its minimum period and a fine not to exceedP2,000 pesos shall be imposed upon any person who shall mutilate coinsof the legal currency of the United States or of the Philippine Islandsor import or utter mutilated current coins, or in connivance withmutilatorsor importers.
Art. 165. Sellingof false or mutilated coin, without connivance. — The person whoknowingly,although without the connivance mentioned in the preceding articles,shallpossess false or mutilated coin with intent to utter the same, or shallactually utter such coin, shall suffer a penalty lower by one degreethanthat prescribed in said articles.chanrobles virtual law library
Art.166. Forgingtreasury or bank notes on other documents payable to bearer; importing,and uttering such false or forged notes and documents. — Theforgingor falsification of treasury or bank notes or certificates or otherobligationsand securities payable to bearer and the importation and uttering inconnivancewith forgers or importers of such false or forged obligations or notes,shall be punished as follows:
- 1. By reclusiontemporal in its minimum period and a fine not to exceed P10,000 pesos,if the document which has been falsified, counterfeited, or altered, isan obligations or security of the United States or of the PhilippinesIslands.chanrobles virtual law library
The word "obligationor security of the United States or of the Philippine Islands" shallbe held to mean all bonds, certificates of indebtedness, national banknotes, fractional notes, certificates of deposit, bills, checks, ordraftsfor money, drawn by or upon authorized officers of the United States orof the Philippine Islands, and other representatives of value, ofwhateverdenomination, which have been or may be issued under any act of theCongressof the United States or of the Philippine Legislature.chanrobles virtual law library
2. By prisionmayor in its maximum period and a fine not to exceed P5,000 pesos, ifthefalsified or altered document is a circulating note issued by anybankingassociation duly authorized by law to issue the same.chanrobles virtual law library
3. By prisionmayor in its medium period and a fine not to exceed P5,000 pesos, ifthefalsified or counterfeited document was issued by a foreign government.chanrobles virtual law library
4. By prisionmayor in its minimum period and a fine not to exceed P2,000 pesos, whenthe forged or altered document is a circulating note or bill issued bya foreign bank duly authorized therefor.chanrobles virtual law library
Art. 167. Counterfeiting,importing and uttering instruments not payable to bearer. — Anypersonwho shall forge, import or utter, in connivance with the forgers orimporters,any instrument payable to order or other document of credit not payableto bearer, shall suffer the penalties of prision correccional in itsmediumand maximum periods and a fine not exceeding P6,000 pesos.
Art. 168. Illegalpossession and use of false treasury or bank notes and otherinstrumentsof credit. — Unless the act be one of those coming under theprovisionsof any of the preceding articles, any person who shall knowingly use orhave in his possession, with intent to use any of the false orfalsifiedinstruments referred to in this section, shall suffer the penalty nextlower in degree than that prescribed in said articles.chanrobles virtual law library
Art. 169. Howforgery is committed. — The forgery referred to in this sectionmaybe committed by any of the following means:
- 1. By givingto a treasury or bank note or any instrument, payable to bearer orordermentioned therein, the appearance of a true genuine document.chanrobles virtual law library
2. By erasing,substituting, counterfeiting or altering by any means the figures,letters,words or signs contained therein.chanrobles virtual law library
Art.170. Falsificationof legislative documents. — The penalty of prision correccional inits maximum period and a fine not exceeding P6,000 pesos shall beimposedupon any person who, without proper authority therefor alters any bill,resolution, or ordinance enacted or approved or pending approval byeitherHouse of the Legislature or any provincial board or municipal council.
Art. 171. Falsificationby public officer, employee or notary or ecclesiastic minister. —Thepenalty of prision mayor and a fine not to exceed P5,000 pesos shall beimposed upon any public officer, employee, or notary who, takingadvantageof his official position, shall falsify a document by committing any ofthe following acts:
- 1. Counterfeitingor imitating any handwriting, signature or rubric;
2. Causing itto appear that persons have participated in any act or proceeding whenthey did not in fact so participate;
3. Attributingto persons who have participated in an act or proceeding statementsotherthan those in fact made by them;
4. Making untruthfulstatements in a narration of facts;
5. Alteringtrue dates;
6. Making anyalteration or intercalation in a genuine document which changes itsmeaning;
7. Issuing inan authenticated form a document purporting to be a copy of an originaldocument when no such original exists, or including in such a copy astatementcontrary to, or different from, that of the genuine original; or
8. Intercalatingany instrument or note relative to the issuance thereof in a protocol,registry, or official book.chanrobles virtual law library
The same penaltyshall be imposed upon any ecclesiastical minister who shall commit anyof the offenses enumerated in the preceding paragraphs of this article,with respect to any record or document of such character that itsfalsificationmay affect the civil status of persons.
Art. 172. Falsificationby private individual and use of falsified documents. — The penaltyof prision correccional in its medium and maximum periods and a fine ofnot more than P5,000 pesos shall be imposed upon:
- 1. Any privateindividual who shall commit any of the falsifications enumerated in thenext preceding article in any public or official document or letter ofexchange or any other kind of commercial document; and
2. Any personwho, to the damage of a third party, or with the intent to cause suchdamage,shall in any private document commit any of the acts of falsificationenumeratedin the next preceding article.chanrobles virtual law library
Any person whoshall knowingly introduce in evidence in any judicial proceeding or tothe damage of another or who, with the intent to cause such damage,shalluse any of the false documents embraced in the next preceding article,or in any of the foregoing subdivisions of this article, shall bepunishedby the penalty next lower in degree.
Art. 173. Falsificationof wireless, cable, telegraph and telephone messages, and use of saidfalsifiedmessages. — The penalty of prision correccional in its medium andmaximumperiods shall be imposed upon officer or employee of the Government orof any private corporation or concern engaged in the service of sendingor receiving wireless, cable or telephone message who utters afictitiouswireless, telegraph or telephone message of any system or falsifies thesame.chanrobles virtual law library
Any person whoshall use such falsified dispatch to the prejudice of a third party orwith the intent of cause such prejudice, shall suffer the penalty nextlower in degree.chanrobles virtual law library
Art.174. Falsemedical certificates, false certificates of merits or service, etc. — The penalties of arresto mayor in its maximum period to prisioncorreccionalin its minimum period and a fine not to exceed P1,000 pesos shall beimposedupon:
- 1. Any physicianor surgeon who, in connection, with the practice of his profession,shallissue a false certificate; and
2. Any publicofficer who shall issue a false certificate of merit of service, goodconductor similar circ*mstances.chanrobles virtual law library
The penalty ofarresto mayor shall be imposed upon any private person who shallfalsifya certificate falling within the classes mentioned in the two precedingsubdivisions.
Art. 175. Usingfalse certificates. — The penalty of arresto menor shall be imposedupon any one who shall knowingly use any of the false certificatesmentionedin the next preceding article.chanrobles virtual law library
Art.176. Manufacturingand possession of instruments or implements for falsification. —Thepenalty of prision correccional in its medium and maximum periods and afine not to exceed P10,000 pesos shall be imposed upon any person whoshallmake or introduce into the Philippine Islands any stamps, dies, marks,or other instruments or implements intended to be used in thecommissionof the offenses of counterfeiting or falsification mentioned in theprecedingsections of this Chapter.chan robles virtual law library
Any person who,with the intention of using them, shall have in his possession any oftheinstruments or implements mentioned in the preceding paragraphs, shallsuffer the penalty next lower in degree than that provided therein.chanrobles virtual law library
Art.177. Usurpationof authority or official functions. — Any person who shallknowinglyand falsely represent himself to be an officer, agent or representativeof any department or agency of the Philippine Government or of anyforeigngovernment, or who, under pretense of official position, shall performany act pertaining to any person in authority or public officer of thePhilippine Government or any foreign government, or any agency thereof,without being lawfully entitled to do so, shall suffer the penalty ofprisioncorreccional in its minimum and medium periods.
Art. 178. Usingfictitious name and concealing true name. — The penalty of arrestomayor and a fine not to exceed 500 pesos shall be imposed upon anypersonwho shall publicly use a fictitious name for the purpose of concealinga crime, evading the execution of a judgment or causing damage.chanrobles virtual law library
Any person whoconceals his true name and other personal circ*mstances shall bepunishedby arresto menor or a fine not to exceed 200 pesos.chanrobles virtual law library
Art. 179. Illegaluse of uniforms or insignia. — The penalty of arresto mayor shallbeimposed upon any person who shall publicly and improperly make use ofinsignia,uniforms or dress pertaining to an office not held by such person or toa class of persons of which he is not a member.chanrobles virtual law library
Art.180. Falsetestimony against a defendant. — Any person who shall give falsetestimonyagainst the defendant in any criminal case shall suffer:
- 1. The penaltyof reclusion temporal, if the defendant in said case shall have beensentencedto death;
2. The penaltyof prision mayor, if the defendant shall have been sentenced toreclusiontemporal or reclusion perpetua;
3. The penaltyof prision correccional, if the defendant shall have been sentenced toany other afflictive penalty; and
4. The penaltyof arresto mayor, if the defendant shall have been sentenced to acorrectionalpenalty or a fine, or shall have been acquitted.chanrobles virtual law library
In cases providedin subdivisions 3 and 4 of this article the offender shall furthersuffera fine not to exceed 1,000 pesos.
Art. 181. Falsetestimony favorable to the defendants. — Any person who shall givefalse testimony in favor of the defendant in a criminal case, shallsufferthe penalties of arresto mayor in its maximum period to prisioncorreccionalin its minimum period a fine not to exceed 1,000 pesos, if theprosecutionis for a felony punishable by an afflictive penalty, and the penalty ofarresto mayor in any other case.chanrobles virtual law library
Art. 182. Falsetestimony in civil cases. — Any person found guilty of falsetestimonyin a civil case shall suffer the penalty of prision correccional in itsminimum period and a fine not to exceed 6,000 pesos, if the amount incontroversyshall exceed 5,000 pesos, and the penalty of arresto mayor in itsmaximumperiod to prision correccional in its minimum period and a fine not toexceed 1,000 pesos, if the amount in controversy shall not exceed saidamount or cannot be estimated.chanrobles virtual law library
Art. 183. Falsetestimony in other cases and perjury in solemn affirmation. — Thepenaltyof arresto mayor in its maximum period to prision correccional in itsminimumperiod shall be imposed upon any person, who knowingly makes untruthfulstatements and not being included in the provisions of the nextprecedingarticles, shall testify under oath, or make an affidavit, upon anymaterialmatter before a competent person authorized to administer an oath incasesin which the law so requires.chanrobles virtual law library
Any person who,in case of a solemn affirmation made in lieu of an oath, shall commitanyof the falsehoods mentioned in this and the three preceding articles ofthis section, shall suffer the respective penalties provided therein.chanrobles virtual law library
Art. 184. Offeringfalse testimony in evidence. — Any person who shall knowinglyofferin evidence a false witness or testimony in any judicial or officialproceeding,shall be punished as guilty of false testimony and shall suffer therespectivepenalties provided in this section.chanrobles virtual law library
Art.185. Machinationsin public auctions. — Any person who shall solicit any gift orpromiseas a consideration for refraining from taking part in any publicauction,and any person who shall attempt to cause bidders to stay away from anauction by threats, gifts, promises, or any other artifice, with intentto cause the reduction of the price of the thing auctioned, shallsufferthe penalty of prision correccional in its minimum period and a finerangingfrom 10 to 50 per centum of the value of the thing auctioned.
Art. 186. Monopoliesand combinations in restraint of trade. — The penalty of prisioncorreccionalin its minimum period or a fine ranging from 200 to 6,000 pesos, orboth,shall be imposed upon:
- 1. Any personwho shall enter into any contract or agreement or shall take part inanyconspiracy or combination in the form of a trust or otherwise, inrestraintof trade or commerce or to prevent by artificial means free competitionin the market;
2. Any personwho shall monopolize any merchandise or object of trade or commerce, orshall combine with any other person or persons to monopolize andmerchandiseor object in order to alter the price thereof by spreading false rumorsor making use of any other article to restrain free competition in themarket;
3. Any personwho, being a manufacturer, producer, or processor of any merchandise orobject of commerce or an importer of any merchandise or object ofcommercefrom any foreign country, either as principal or agent, wholesaler orretailer,shall combine, conspire or agree in any manner with any person likewiseengaged in the manufacture, production, processing, assembling orimportationof such merchandise or object of commerce or with any other persons notso similarly engaged for the purpose of making transactions prejudicialto lawful commerce, or of increasing the market price in any part ofthePhilippines, of any such merchandise or object of commercemanufactured,produced, processed, assembled in or imported into the Philippines, orof any article in the manufacture of which such manufactured, produced,or imported merchandise or object of commerce is used.chanrobles virtual law library
If the offensem*ntioned in this article affects any food substance, motor fuel orlubricants,or other articles of prime necessity, the penalty shall be that ofprisionmayor in its maximum and medium periods it being sufficient for theimpositionthereof that the initial steps have been taken toward carrying out thepurposes of the combination.
Any propertypossessed under any contract or by any combination mentioned in theprecedingparagraphs, and being the subject thereof, shall be forfeited to theGovernmentof the Philippines.chanrobles virtual law library
Whenever anyof the offenses described above is committed by a corporation orassociation,the president and each one of its agents or representatives in thePhilippinesin case of a foreign corporation or association, who shall haveknowinglypermitted or failed to prevent the commission of such offense, shall beheld liable as principals thereof.chanrobles virtual law library
Art.187. Importationand disposition of falsely marked articles or merchandise made of gold,silver, or other precious metals or their alloys. — The penalty ofprision correccional or a fine ranging from 200 to 1,000 pesos, orboth,shall be imposed on any person who shall knowingly import or sell ordisposeof any article or merchandise made of gold, silver, or other preciousmetals,or their alloys, with stamps, brands, or marks which fail to indicatetheactual fineness or quality of said metals or alloys.
Any stamp, brand,label, or mark shall be deemed to fail to indicate the actual finenessof the article on which it is engraved, printed, stamped, labeled orattached,when the rest of the article shows that the quality or fineness thereofis less by more than one-half karat, if made of gold, and less by morethan four one-thousandth, if made of silver, than what is shown by saidstamp, brand, label or mark. But in case of watch cases and flatwaremadeof gold, the actual fineness of such gold shall not be less by morethanthree one-thousandth than the fineness indicated by said stamp, brand,label, or mark.chanrobles virtual law library
Art. 188. Subsistingand altering trade-mark, trade-names, or service marks. — Thepenaltyof prision correccional in its minimum period or a fine ranging from 50to 2,000 pesos, or both, shall be imposed upon:
- 1. Any personwho shall substitute the trade name or trade-mark of some othermanufactureror dealer or a colorable imitation thereof, for the trademark of therealmanufacturer or dealer upon any article of commerce and shall sell thesame;
2. Any personwho shall sell such articles of commerce or offer the same for sale,knowingthat the trade-name or trade- mark has been fraudulently used in suchgoodsas described in the preceding subdivision;
3. Any personwho, in the sale or advertising of his services, shall use orsubstitutethe service mark of some other person, or a colorable imitation of suchmark; or
4. Any personwho, knowing the purpose for which the trade-name, trade-mark, orservicemark of a person is to be used, prints, lithographs, or in any wayreproducessuch trade-name, trade-mark, or service mark, or a colorable imitationthereof, for another person, to enable that other person tofraudulentlyuse such trade-name, trade-mark, or service mark on his own goods or inconnection with the sale or advertising of his services.chanrobles virtual law library
A trade-name ortrade-mark as herein used is a word or words, name, title, symbol,emblem,sign or device, or any combination thereof used as an advertisem*nt,sign,label, poster, or otherwise, for the purpose of enabling the public todistinguish the business of the person who owns and uses saidtrade-nameor trade-mark.
A service markas herein used is a mark used in the sale or advertising of services toidentify the services of one person and distinguish them from theservicesof others and includes without limitation the marks, names, symbols,titles,designations, slogans, character names, and distinctive features ofradioor other advertising.chanrobles virtual law library
Art. 189. Unfaircompetition, fraudulent registration of trade-mark, trade-name orservicemark, fraudulent designation of origin, and false description. —Thepenalty provided in the next proceeding article shall be imposed upon:
- 1. Any personwho, in unfair competition and for the purposes of deceiving ordefraudinganother of his legitimate trade or the public in general, shall sellhisgoods giving them the general appearance of goods of anothermanufactureror dealer, either as to the goods themselves, or in the wrapping of thepackages in which they are contained or the device or words thereon orin any other features of their appearance which would be likely toinducethe public to believe that the goods offered are those of amanufactureror dealer other than the actual manufacturer or dealer or shall giveotherpersons a chance or opportunity to do the same with a like purpose.chanrobles virtual law library
2. Any personwho shall affix, apply, annex or use in connection with any goods orservicesor any container or containers for goods a false designation of originor any false description or representation and shall sell such goods orservices.chanrobles virtual law library
3. Any personwho by means of false or fraudulent representation or declarationsorallyor in writing or by other fraudulent means shall procure from thepatentoffice or from any other office which may hereafter be established bylawfor the purposes the registration of a trade-name, trade-mark orservicemark or of himself as the owner of such trade-name, trade-mark orservicemark or an entry respecting a trade-name, trade-mark or service mark.chanrobles virtual law library
[Art.190. Possession, preparation and use of prohibited drugs and maintenanceof opium dens. — The penalty of arresto mayor in its medium periodto prision correccional in its minimum period and a fine ranging from300to 1,000 pesos shall be imposed upon:
- 1. Anyone whounless lawfully authorized shall possess, prepare, administer, orotherwiseuse any prohibited drug.chanrobles virtual law library
"Prohibiteddrug," as used herein includes opium, cocaine, alpha and beta eucaine,Indian hemp, their derivatives, and all preparations made from them orany of them, and such other drugs, whether natural or synthetic, havingphysiological action as a narcotic drug.chanrobles virtual law library
"Opium" embracesevery kind, class, and character of opium, whether crude or prepared;theashes on refuse of the same; narcotic preparations thereof ortherefrom;morphine or any alkaloid of opium, preparation in which opium, morphineor any kind of opium, enter as an ingredient, and also opium leaves orwrappings of opium leaves, whether prepared or not for their use.chanrobles virtual law librarychan robles virtual law library
"Indian hemp"otherwise known as marijuana, cannabis, Americana, hashish, bhang,guaza,churruz, and ganjah embraces every kind, class and character of Indianhemp, whether dried or fresh, flowering or fruiting tops of thepistillateplant cannabis satival, from which the resin has not been extracted,includingall other geographic varieties whether used as reefers, resin, extract,tincture or in any other form whatsoever.chanrobles virtual law library
By narcoticdrug is meant a drug that produces a condition of insensibility andmelancholydullness of mind with delusions and may be habit-forming.chanrobles virtual law library
2. Anyone whoshall maintain a dive or resort where any prohibited drug is used inanyform, in violation of the law.]
[Art. 191. Keeper,watchman and visitor of opium den. — The penalty of arresto mayoranda fine ranging from 100 to 300 pesos shall be imposed upon:
- 1. Anyone whoshall act as a keeper or watchman of a dive or resort where anyprohibiteddrug is used in any manner contrary to law; and
2. Any personwho, not being included in the provisions of the next precedingarticle,shall knowingly visit any dive or resort of the character referred toabove.]
[Art. 192. Importationand sale of prohibited drugs. — The penalty of prision correccionalin its medium and maximum periods and a fine ranging from 300 to 10,000pesos shall be imposed upon any person who shall import or bring intothePhilippine Islands any prohibited drug.]
[The same penaltyshall be imposed upon any person who shall unlawfully sell or delivertoanother prohibited drug.]
[Art. 193. Illegalpossession of opium pipe or other paraphernalia for the use of anyprohibiteddrug. — The penalty of arresto mayor and a fine not exceeding 500pesosshall be imposed upon any person who, not being authorized by law,shallpossess any opium pipe or other paraphernalia for smoking, injecting,administeringor using opium or any prohibited drug.chanrobles virtual law library
[The illegalpossession of an opium pipe or other paraphernalia for using any otherprohibited drug shall be prima facie evidence that its possessor hasusedsaid drug.]
[Art. 194. Prescribingopium unnecessary for a patient. — The penalty of prisioncorreccionalor a fine ranging from 300 to 10,000 pesos, or both shall be imposeduponany physician or dentist who shall prescribe opium for any person whosephysical condition does not require the use of the same.]
Art.195. Whatacts are punishable in gambling. — (a) The penalty of arresto mayoror a fine not exceeding two hundred pesos, and, in case of recidivism,the penalty of arresto mayor or a fine ranging from two hundred or sixthousand pesos, shall be imposed upon:
- 1. Any personother than those referred to in subsections (b) and (c) who, in anymannershall directly, or indirectly take part in any game of monte, juetengorany other form of lottery, policy, banking, or percentage game, dograces,or any other game of scheme the result of which depends wholly orchieflyupon chance or hazard; or wherein wagers consisting of money, articlesof value or representative of value are made; or in the exploitation oruse of any other mechanical invention or contrivance to determine bychancethe loser or winner of money or any object or representative of value.chanrobles virtual law library
2. Any personwho shall knowingly permit any form of gambling referred to in theprecedingsubdivision to be carried on in any unhabited or uninhabited place ofanybuilding, vessel or other means of transportation owned or controlledbyhim. If the place where gambling is carried on has the reputation of agambling place or that prohibited gambling is frequently carried ontherein,the culprit shall be punished by the penalty provided for in thisarticlein its maximum period.chanrobles virtual law library
(b) The penaltyof prision correccional in its maximum degree shall be imposed upon themaintainer, conductor, or banker in a game of jueteng or any similargame.
(c) The penaltyof prision correccional in its medium degree shall be imposed upon anyperson who shall, knowingly and without lawful purpose, have in hispossessionand lottery list, paper or other matter containing letters, figures,signsor symbols which pertain to or are in any manner used in the game ofjuetengor any similar game which has taken place or about to take place.chanrobles virtual law library
Art. 196. Importation, sale and possession of lottery tickets or advertisem*nts. — The penalty of arresto mayor in its maximum period to prisioncorreccionalin its minimum period or a fine ranging from 200 to 2,000 pesos, orboth,in the discretion of the court, shall be imposed upon any person whoshallimport into the Philippine Islands from any foreign place or port anylotteryticket or advertisem*nt or, in connivance with the importer, shall sellor distribute the same.chanrobles virtual law library
Any person whoshall knowingly and with intent to use them, have in his possessionlotterytickets or advertisem*nts, or shall sell or distribute the same withoutconnivance with the importer of the same, shall be punished by arrestomenor, or a fine not exceeding 200 pesos, or both, in the discretion ofthe court.chanrobles virtual law library
The possessionof any lottery ticket or advertisem*nt shall be prima facie evidence ofan intent to sell, distribute or use the same in the Philippine Islands.chanrobles virtual law library
Art. 197. Bettingin sports contests. — The penalty of arresto menor or a fine notexceeding200 pesos, or both, shall be imposed upon any person who shall betmoneyor any object or article of value or representative of value upon theresultof any boxing or other sports contests.chanrobles virtual law library
Art. 198. Illegal betting on horse race. — The penalty of arresto menor or afine not exceeding 200 pesos, or both, shall be imposed upon any personwho except during the period allowed by law, shall be on horse races.Thepenalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, orboth, shall be imposed upon any person who, under the samecirc*mstances,shall maintain or employ a totalizer or other device or scheme forbettingon horse races or realizing any profit therefrom.chanrobles virtual law library
For the purposesof this article, any race held in the same day at the same place shallbe held punishable as a separate offense, and if the same be committedby any partnership, corporation or association, the president and thedirectorsor managers thereof shall be deemed to be principals in the offense ifthey have consented to or knowingly tolerated its commission.chanrobles virtual law library
Art. 199. Illegal co*ckfighting. — The penalty of arresto menor or a fine notexceeding 200 pesos, or both, in the discretion of the court, shall beimposed upon:
- 1. Any personwho directly or indirectly participates in co*ckfights, by betting moneyor other valuable things, or who organizes co*ckfights at which bets aremade, on a day other than those permitted by law.chanrobles virtual law library
2. Any personwho directly or indirectly participates in co*ckfights, at a place otherthan a licensed co*ckpit.chanrobles virtual law library
Art.200. Gravescandal. — The penalties of arresto mayor and public censure shallbe imposed upon any person who shall offend against decency or goodcustomsby any highly scandalous conduct not expressly falling within any otherarticle of this Code.
Art. 201. Immoraldoctrines, obscene publications and exhibitions and indecent shows.— The penalty of prision mayor or a fine ranging from six thousand totwelvethousand pesos, or both such imprisonment and fine, shall be imposedupon:
- (1) Those whoshall publicly expound or proclaim doctrines openly contrary to publicmorals;
(2) (a) theauthors of obscene literature, published with their knowledge in anyform;the editors publishing such literature; and the owners/operators of theestablishment selling the same;
(b) Those who,in theaters, fairs, cinematographs or any other place, exhibit,indecentor immoral plays, scenes, acts or shows, whether live or in film, whichare prescribed by virtue hereof, shall include those which (1) glorifycriminals or condone crimes; (2) serve no other purpose but to satisfythe market for violence, lust or p*rnography; (3) offend any race orreligion;(4) tend to abet traffic in and use of prohibited drugs; and (5) arecontraryto law, public order, morals, and good customs, established policies,lawfulorders, decrees and edicts;
(3) Those whoshall sell, give away or exhibit films, prints, engravings, sculptureorliterature which are offensive to morals.(As amendedbyPD Nos. 960 and 969).
Art. 202. Vagrantsand prostitutes; penalty. — The following are vagrants:
- 1. Any personhaving no apparent means of subsistence, who has the physical abilitytowork and who neglects to apply himself or herself to some lawfulcalling;
2. Any personfound loitering about public or semi-public buildings or places ortramplingor wandering about the country or the streets without visible means ofsupport;
3. Any idleor dissolute person who ledges in houses of ill fame; ruffians or pimpsand those who habitually associate with prostitutes;
4. Any personwho, not being included in the provisions of other articles of thisCode,shall be found loitering in any inhabited or uninhabited placebelongingto another without any lawful or justifiable purpose;
5. Prostitutes.chanrobles virtual law library
For the purposesof this article, women who, for money or profit, habitually indulge insexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person foundguilty of any of the offenses covered by this articles shall bepunishedby arresto menor or a fine not exceeding 200 pesos, and in case ofrecidivism,by arresto mayor in its medium period to prision correccional in itsminimumperiod or a fine ranging from 200 to 2,000 pesos, or both, in thediscretionof the court.chanrobles virtual law library
Art.203. Whoare public officers. — For the purpose of applying the provisionsofthis and the preceding titles of this book, any person who, by directprovisionof the law, popular election or appointment by competent authority,shalltake part in the performance of public functions in the Government ofthePhilippine Islands, of shall perform in said Government or in any ofitsbranches public duties as an employee, agent or subordinate official,ofany rank or class, shall be deemed to be a public officer.
Art.204. Knowinglyrendering unjust judgment. — Any judge who shall knowingly renderanunjust judgment in any case submitted to him for decision, shall bepunishedby prision mayor and perpetual absolute disqualification.
Art. 205. Judgmentrendered through negligence. — Any judge who, by reason ofinexcusablenegligence or ignorance shall render a manifestly unjust judgment inanycase submitted to him for decision shall be punished by arresto mayorandtemporary special disqualification.chanrobles virtual law library
Art. 206. Unjustinterlocutory order. — Any judge who shall knowingly render anunjustinterlocutory order or decree shall suffer the penalty of arresto mayorin its minimum period and suspension; but if he shall have acted byreasonof inexcusable negligence or ignorance and the interlocutory order ordecreebe manifestly unjust, the penalty shall be suspension.chanrobles virtual law library
Art. 207. Maliciousdelay in the administration of justice. — The penalty of prisioncorreccionalin its minimum period shall be imposed upon any judge guilty ofmaliciousdelay in the administration of justice.chanrobles virtual law library
Art. 208. Prosecutionof offenses; negligence and tolerance. — The penalty of prisioncorreccionalin its minimum period and suspension shall be imposed upon any publicofficer,or officer of the law, who, in dereliction of the duties of his office,shall maliciously refrain from instituting prosecution for thepunishmentof violators of the law, or shall tolerate the commission of offenses.chanrobles virtual law library
Art. 209. Betrayalof trust by an attorney or solicitor. — Revelation of secrets. —Inaddition to the proper administrative action, the penalty of prisioncorreccionalin its minimum period, or a fine ranging from 200 to 1,000 pesos, orboth, shall be imposed upon any attorney-at-law or solicitor ( procuradorjudicial)who, by any malicious breach of professional duty or of inexcusablenegligenceor ignorance, shall prejudice his client, or reveal any of the secretsof the latter learned by him in his professional capacity.chanrobles virtual law library
The same penaltyshall be imposed upon an attorney-at-law or solicitor
(procuradorjudicial) who, having undertaken the defense of a client or havingreceived confidential information from said client in a case, shallundertakethe defense of the opposing party in the same case, without the consentof his first client.chanrobles virtual law library
Art.210. Directbribery. — Any public officer who shall agree to perform an actconstitutinga crime, in connection with the performance of this official duties, inconsideration of any offer, promise, gift or present received by suchofficer,personally or through the mediation of another, shall suffer thepenaltyof prision mayor in its medium and maximum periods and a fine [of notlessthan the value of the gift and] not less than three times the value ofthe gift in addition to the penalty corresponding to the crime agreedupon,if the same shall have been committed.
If the giftwas accepted by the officer in consideration of the execution of an actwhich does not constitute a crime, and the officer executed said act,heshall suffer the same penalty provided in the preceding paragraph; andif said act shall not have been accomplished, the officer shall sufferthe penalties of prision correccional, in its medium period and a fineof not less than twice the value of such gift.chanrobles virtual law library
If the objectfor which the gift was received or promised was to make the publicofficerrefrain from doing something which it was his official duty to do, heshallsuffer the penalties of prision correccional in its maximum period anda fine [of not less than the value of the gift and] not less than threetimes the value of such gift.chanrobles virtual law library
In additionto the penalties provided in the preceding paragraphs, the culpritshallsuffer the penalty of special temporary disqualification.chanrobles virtual law librarychan robles virtual law library
The provisions contained in the preceding paragraphs shall be made applicable toassessors,arbitrators, appraisal and claim commissioners, experts or any otherpersonsperforming public duties. (As amended by BatasPambansa Blg.872, June 10, 1985).
Art. 211. Indirectbribery. — The penalties of prision correccional in its medium andmaximum periods, and public censure shall be imposed upon any publicofficerwho shall accept gifts offered to him by reason of his office. (Asamended by Batas Pambansa Blg. 872, June 10, 1985).
Art. 212. Corruptionof public officials. — The same penalties imposed upon the officercorrupted, except those of disqualification and suspension, shall beimposedupon any person who shall have made the offers or promises or given thegifts or presents as described in the preceding articles.chanrobles virtual law library
- 1. In his officialcapacity, in dealing with any person with regard to furnishingsupplies,the making of contracts, or the adjustment or settlement of accountsrelatingto public property or funds, shall enter into an agreement with anyinterestedparty or speculator or make use of any other scheme, to defraud theGovernment;
2. Being entrustedwith the collection of taxes, licenses, fees and other imposts, shallbeguilty or any of the following acts or omissions:
- (a) Demanding,directly, or indirectly, the payment of sums different from or largerthanthose authorized by law.chanrobles virtual law library
(b) Failingvoluntarily to issue a receipt, as provided by law, for any sum ofmoneycollected by him officially.chanrobles virtual law library
(c) Collectingor receiving, directly or indirectly, by way of payment or otherwisethingsor objects of a nature different from that provided by law.chanrobles virtual law library
When the culpritis an officer or employee of the Bureau of Internal Revenue or theBureauof Customs, the provisions of the Administrative Code shall be applied.
Art. 214. Otherfrauds. — In addition to the penalties prescribed in the provisionsof Chapter Six, Title Ten, Book Two, of this Code, the penalty oftemporaryspecial disqualification in its maximum period to perpetual specialdisqualificationshall be imposed upon any public officer who, taking advantage of hisofficialposition, shall commit any of the frauds or deceits enumerated in saidprovisions.chanrobles virtual law library
Art. 215. Prohibitedtransactions. — The penalty of prision correccional in its maximumperiod or a fine ranging from 200 to 1,000 pesos, or both, shall beimposedupon any appointive public officer who, during his incumbency, shalldirectlyor indirectly become interested in any transaction of exchange orspeculationwithin the territory subject to his jurisdiction.chanrobles virtual law library
Art. 216. Possessionof prohibited interest by a public officer. — The penalty ofarrestomayor in its medium period to prision correccional in its minimumperiod,or a fine ranging from 200 to 1,000 pesos, or both, shall be imposedupona public officer who directly or indirectly, shall become interested inany contract or business in which it is his official duty to intervene.chanrobles virtual law library
This provisionsis applicable to experts, arbitrators and private accountants who, inlikemanner, shall take part in any contract or transaction connected withtheestate or property in appraisal, distribution or adjudication of whichthey shall have acted, and to the guardians and executors with respectto the property belonging to their wards or estate.chanrobles virtual law library
Art.217. Malversationof public funds or property; Presumption of malversation. — Anypublicofficer who, by reason of the duties of his office, is accountable forpublic funds or property, shall appropriate the same or shall take ormisappropriateor shall consent, through abandonment or negligence, shall permit anyotherperson to take such public funds, or property, wholly or partially, orshall otherwise be guilty of the misappropriation or malversation ofsuchfunds or property, shall suffer:
- 1. The penaltyof prision correccional in its medium and maximum periods, if theamountinvolved in the misappropriation or malversation does not exceed twohundredpesos.chanrobles virtual law library
2. The penaltyof prision mayor in its minimum and medium periods, if the amountinvolvedis more than two hundred pesos but does not exceed six thousand pesos.chanrobles virtual law library
3. The penaltyof prision mayor in its maximum period to reclusion temporal in itsminimumperiod, if the amount involved is more than six thousand pesos but islessthan twelve thousand pesos.chanrobles virtual law library
4. The penaltyof reclusion temporal, in its medium and maximum periods, if the amountinvolved is more than twelve thousand pesos but is less than twenty-twothousand pesos. If the amount exceeds the latter, the penalty shall bereclusion temporal in its maximum period to reclusion perpetua.chanrobles virtual law library
In all cases, personsguilty of malversation shall also suffer the penalty of perpetualspecialdisqualification and a fine equal to the amount of the funds malversedor equal to the total value of the property embezzled.
The failureof a public officer to have duly forthcoming any public funds orpropertywith which he is chargeable, upon demand by any duly authorizedofficer,shall be prima facie evidence that he has put such missing funds orpropertyto personal use. (As amended by RA 1060).
Art. 218. Failureof accountable officer to render accounts. — Any public officer,whetherin the service or separated therefrom by resignation or any othercause,who is required by law or regulation to render account to the InsularAuditor,or to a provincial auditor and who fails to do so for a period of twomonthsafter such accounts should be rendered, shall be punished by prisioncorreccionalin its minimum period, or by a fine ranging from 200 to 6,000 pesos, orboth.chanrobles virtual law library
Art. 219. Failureof a responsible public officer to render accounts before leaving thecountry. — Any public officer who unlawfully leaves or attempts to leave thePhilippineIslands without securing a certificate from the Insular Auditor showingthat his accounts have been finally settled, shall be punished byarrestomayor, or a fine ranging from 200 to 1,000 pesos or both.chanrobles virtual law library
Art. 220. Illegaluse of public funds or property. — Any public officer who shallapplyany public fund or property under his administration to any public useother than for which such fund or property were appropriated by law orordinance shall suffer the penalty of prision correccional in itsminimumperiod or a fine ranging from one-half to the total of the summisapplied,if by reason of such misapplication, any damages or embarrassment shallhave resulted to the public service. In either case, the offender shallalso suffer the penalty of temporary special disqualification.chanrobles virtual law library
If no damageor embarrassment to the public service has resulted, the penalty shallbe a fine from 5 to 50 per cent of the sum misapplied.chanrobles virtual law library
Art. 221. Failureto make delivery of public funds or property. — Any public officerunder obligation to make payment from Government funds in hispossession,who shall fail to make such payment, shall be punished by arresto mayorand a fine from 5 to 25 per cent of the sum which he failed to pay.chanrobles virtual law library
This provisionshall apply to any public officer who, being ordered by competentauthorityto deliver any property in his custody or under his administration,shallrefuse to make such delivery.chanrobles virtual law library
The fine shallbe graduated in such case by the value of the thing, provided that itshallnot less than 50 pesos.chanrobles virtual law library
Art. 222. Officersincluded in the preceding provisions. — The provisions of thischaptershall apply to private individuals who in any capacity whatever, havechargeof any insular, provincial or municipal funds, revenues, or propertyandto any administrator or depository of funds or property attached,seizedor deposited by public authority, even if such property belongs to aprivateindividual.chanrobles virtual law library
Art.223. Connivingwith or consenting to evasion. — Any public officer who shallconsentto the escape of a prisoner in his custody or charge, shall be punished:
- 1. By prisioncorreccional in its medium and maximum periods and temporary specialdisqualificationin its maximum period to perpetual special disqualification, if thefugitiveshall have been sentenced by final judgment to any penalty.chanrobles virtual law library
2. By prisioncorreccional in its minimum period and temporary specialdisqualification,in case the fugitive shall not have been finally convicted but onlyheldas a detention prisoner for any crime or violation of law or municipalordinance.chanrobles virtual law library
Art. 224. Evasionthrough negligence. — If the evasion of the prisoner shall havetakenplace through the negligence of the officer charged with the conveyanceor custody of the escaping prisoner, said officer shall suffer thepenaltiesof arresto mayor in its maximum period to prision correccional in itsminimumperiod and temporary special disqualification.
Art. 225. Escapeof prisoner under the custody of a person not a public officer. —Anyprivate person to whom the conveyance or custody or a prisoner orpersonunder arrest shall have been confided, who shall commit any of theoffensesmentioned in the two preceding articles, shall suffer the penalty nextlower in degree than that prescribed for the public officer.chanrobles virtual law library
Art.226. Removal,concealment or destruction of documents. — Any public officer whoshallremove, destroy or conceal documents or papers officially entrusted tohim, shall suffer:
- 1. The penaltyof prision mayor and a fine not exceeding 1,000 pesos, whenever seriousdamage shall have been caused thereby to a third party or to the publicinterest.chanrobles virtual law library
2. The penaltyof prision correccional in its minimum and medium period and a fine notexceeding 1,000 pesos, whenever the damage to a third party or to thepublicinterest shall not have been serious.chanrobles virtual law library
In either case, the additional penalty of temporary special disqualification in itsmaximumperiod to perpetual disqualification shall be imposed.
Art. 227. Officerbreaking seal. — Any public officer charged with the custody ofpapersor property sealed by proper authority, who shall break the seals orpermitthem to be broken, shall suffer the penalties of prision correccionalinits minimum and medium periods, temporary special disqualification anda fine not exceeding 2,000 pesos.chanrobles virtual law library
Art. 228. Openingof closed documents. — Any public officer not included in theprovisionsof the next preceding article who, without proper authority, shall openor shall permit to be opened any closed papers, documents or objectsentrustedto his custody, shall suffer the penalties or arresto mayor, temporaryspecial disqualification and a fine of not exceeding 2,000 pesos.chanrobles virtual law library
Art.229. Revelationof secrets by an officer. — Any public officer who shall reveal anysecret known to him by reason of his official capacity, or shallwrongfullydeliver papers or copies of papers of which he may have charge andwhichshould not be published, shall suffer the penalties of prisioncorreccionalin its medium and maximum periods, perpetual special disqualificationanda fine not exceeding 2,000 pesos if the revelation of such secrets orthedelivery of such papers shall have caused serious damage to the publicinterest; otherwise, the penalties of prision correccional in itsminimumperiod, temporary special disqualification and a fine not exceeding 50pesos shall be imposed.
Art. 230. Publicofficer revealing secrets of private individual. — Any publicofficerto whom the secrets of any private individual shall become known byreasonof his office who shall reveal such secrets, shall suffer the penaltiesof arresto mayor and a fine not exceeding 1,000 pesos.chanrobles virtual law librarychan robles virtual law library
Art.231. Opendisobedience. — Any judicial or executive officer who shall openlyrefuse to execute the judgment, decision or order of any superior authoritymade within the scope of the jurisdiction of the latter and issued withall the legal formalities, shall suffer the penalties of arresto mayorin its medium period to prision correccional in its minimum period,temporaryspecial disqualification in its maximum period and a fine not exceeding1,000 pesos.
Art. 232. Disobedienceto order of superior officers, when said order was suspended byinferiorofficer. — Any public officer who, having for any reason suspendedthe execution of the orders of his superiors, shall disobey suchsuperiorsafter the latter have disapproved the suspension, shall suffer thepenaltiesof prision correccional in its minimum and medium periods and perpetualspecial disqualification.chanrobles virtual law library
Art. 233. Refusalof assistance. — The penalties of arresto mayor in its mediumperiodto prision correccional in its minimum period, perpetual specialdisqualificationand a fine not exceeding 1,000 pesos, shall be imposed upon a publicofficerwho, upon demand from competent authority, shall fail to lend hiscooperationtowards the administration of justice or other public service, if suchfailure shall result in serious damage to the public interest, or to athird party; otherwise, arresto mayor in its medium and maximum periodsand a fine not exceeding 500 pesos shall be imposed.chanrobles virtual law library
Art. 234. Refusalto discharge elective office. — The penalty of arresto mayor or afinenot exceeding 1,000 pesos, or both, shall be imposed upon any personwho,having been elected by popular election to a public office, shallrefusewithout legal motive to be sworn in or to discharge the duties of saidoffice.chanrobles virtual law library
Art. 235. Maltreatmentof prisoners. — The penalty of arresto mayor in its medium periodtoprision correccional in its minimum period, in addition to hisliabilityfor the physical injuries or damage caused, shall be imposed upon anypublicofficer or employee who shall overdo himself in the correction orhandlingof a prisoner or detention prisoner under his charge, by the impositionof punishment not authorized by the regulations, or by inflicting suchpunishment in a cruel and humiliating manner.chanrobles virtual law library
If the purposeof the maltreatment is to extort a confession, or to obtain someinformationfrom the prisoner, the offender shall be punished by prisioncorreccionalin its minimum period, temporary special disqualification and a finenotexceeding 500 pesos, in addition to his liability for the physicalinjuriesor damage caused.chanrobles virtual law library
Art.236. Anticipationof duties of a public office. — Any person who shall assume theperformanceof the duties and powers of any public officer or employment withoutfirstbeing sworn in or having given the bond required by law, shall besuspendedfrom such office or employment until he shall have complied with therespectiveformalities and shall be fined from 200 to 500 pesos.
Art. 237. Prolongingperformance of duties and powers. — Any public officer shallcontinueto exercise the duties and powers of his office, employment orcommission,beyond the period provided by law, regulation or special provisionsapplicableto the case, shall suffer the penalties of prision correccional in itsminimum period, special temporary disqualification in its minimumperiodand a fine not exceeding 500 pesos.chanrobles virtual law library
Art. 238. Abandonmentof office or position. — Any public officer who, before theacceptanceof his resignation, shall abandon his office to the detriment of thepublicservice shall suffer the penalty of arresto mayor.chanrobles virtual law library
If such officeshall have been abandoned in order to evade the discharge of the dutiesof preventing, prosecuting or punishing any of the crime falling withinTitle One, and Chapter One of Title Three of Book Two of this Code, theoffender shall be punished by prision correccional in its minimum andmediumperiods, and by arresto mayor if the purpose of such abandonment is toevade the duty of preventing, prosecuting or punishing any other crime.chanrobles virtual law library
Art.239. Usurpationof legislative powers. — The penalties of prision correccional initsminimum period, temporary special disqualification and a fine notexceeding1,000 pesos, shall be imposed upon any public officer who shallencroachupon the powers of the legislative branch of the Government, either bymaking general rules or regulations beyond the scope of his authority,or by attempting to repeal a law or suspending the execution thereof.
Art. 240. Usurpationof executive functions. — Any judge who shall assume any powerpertainingto the executive authorities, or shall obstruct the latter in thelawfulexercise of their powers, shall suffer the penalty of arresto mayor inits medium period to prision correccional in its minimum period.chanrobles virtual law library
Art. 241. Usurpationof judicial functions. — The penalty of arresto mayor in itsmediumperiod to prision correccional in its minimum period and shall beimposedupon any officer of the executive branch of the Government who shallassumejudicial powers or shall obstruct the execution of any order ordecisionrendered by any judge within its jurisdiction.chanrobles virtual law library
Art. 242. Disobeyingrequest for disqualification. — Any public officer who, before thequestion of jurisdiction is decided, shall continue any proceedingafterhaving been lawfully required to refrain from so doing, shall bepunishedby arresto mayor and a fine not exceeding 500 pesos.chanrobles virtual law library
Art. 243. Ordersor requests by executive officers to any judicial authority. — Anyexecutive officer who shall address any order or suggestion to anyjudicialauthority with respect to any case or business coming within theexclusivejurisdiction of the courts of justice shall suffer the penalty ofarrestomayor and a fine not exceeding 500 pesos.chanrobles virtual law library
Art. 244. Unlawfulappointments. — Any public officer who shall knowingly nominate orappoint to any public office any person lacking the legalqualificationstherefor, shall suffer the penalty of arresto mayor and a fine notexceeding1,000 pesos.chanrobles virtual law library
Art.245. Abusesagainst chastity; Penalties. — The penalties of prisioncorreccionalin its medium and maximum periods and temporary specialdisqualificationshall be imposed:
- 1. Upon anypublic officer who shall solicit or make immoral or indecent advancestoa woman interested in matters pending before such officer for decision,or with respect to which he is required to submit a report to orconsultwith a superior officer;
2. Any wardenor other public officer directly charged with the care and custody ofprisonersor persons under arrest who shall solicit or make immoral or indecentadvancesto a woman under his custody.chanrobles virtual law library
If the person solicitedbe the wife, daughter, sister of relative within the same degree byaffinityof any person in the custody of such warden or officer, the penaltiesshallbe prision correccional in its minimum and medium periods and temporaryspecial disqualification.
Art.246. Parricide.— Any person who shall kill his father, mother, or child, whetherlegitimateor illegitimate, or any of his ascendants, or descendants, or hisspouse,shall be guilty of parricide and shall be punished by the penalty ofreclusionperpetua to death.
Art. 247. Deathor physical injuries inflicted under exceptional circ*mstances. —Anylegally married person who having surprised his spouse in the act ofcommittingsexual intercourse with another person, shall kill any of them or bothof them in the act or immediately thereafter, or shall inflict uponthemany serious physical injury, shall suffer the penalty of destierro.chanrobles virtual law library
If he shallinflict upon them physical injuries of any other kind, he shall beexemptfrom punishment.chanrobles virtual law library
These rulesshall be applicable, under the same circ*mstances, to parents withrespectto their daughters under eighteen years of age, and their seducer,whilethe daughters are living with their parents.chanrobles virtual law library
Any person whoshall promote or facilitate the prostitution of his wife or daughter,orshall otherwise have consented to the infidelity of the other spouseshallnot be entitled to the benefits of this article.chanrobles virtual law library
Art. 248. Murder.— Any person who, not falling within the provisions of Article 246shallkill another, shall be guilty of murder and shall be punished byreclusiontemporal in its maximum period to death, if committed with any of thefollowingattendant circ*mstances:
- 1. With treachery,taking advantage of superior strength, with the aid of armed men, oremployingmeans to weaken the defense or of means or persons to insure or affordimpunity.chanrobles virtual law library
2. In considerationof a price, reward, or promise.chanrobles virtual law library
3. By meansof inundation, fire, poison, explosion, shipwreck, stranding of avessel,derailment or assault upon a street car or locomotive, fall of anairship,by means of motor vehicles, or with the use of any other meansinvolvinggreat waste and ruin.chanrobles virtual law library
4. On occasionof any of the calamities enumerated in the preceding paragraph, or ofanearthquake, eruption of a volcano, destructive cyclone, epidemic orotherpublic calamity.chanrobles virtual law library
5. With evidentpremeditation.chanrobles virtual law library
6. With cruelty,by deliberately and inhumanly augmenting the suffering of the victim,oroutraging or scoffing at his person or corpse.chanrobles virtual law library
Art. 249. Homicide.— Any person who, not falling within the provisions of Article 246,shallkill another without the attendance of any of the circ*mstancesenumeratedin the next preceding article, shall be deemed guilty of homicide andbepunished by reclusion temporal.
Art. 250. Penaltyfor frustrated parricide, murder or homicide. — The courts, in viewof the facts of the case, may impose upon the person guilty of thefrustratedcrime of parricide, murder or homicide, defined and penalized in theprecedingarticles, a penalty lower by one degree than that which should beimposedunder the provision of Article 50.chanrobles virtual law library
The courts,considering the facts of the case, may likewise reduce by one degreethepenalty which under Article 51 should be imposed for an attempt tocommitany of such crimes.chanrobles virtual law library
Art. 251. Deathcaused in a tumultuous affray. — When, while several persons, notcomposinggroups organized for the common purpose of assaulting and attackingeachother reciprocally, quarrel and assault each other in a confused andtumultuousmanner, and in the course of the affray someone is killed, and itcannotbe ascertained who actually killed the deceased, but the person orpersonswho inflicted serious physical injuries can be identified, such personor persons shall be punished by prision mayor.chanrobles virtual law library
If it cannotbe determined who inflicted the serious physical injuries on thedeceased,the penalty of prision correccional in its medium and maximum periodsshallbe imposed upon all those who shall have used violence upon the personof the victim.chanrobles virtual law library
Art. 252. Physicalinjuries inflicted in a tumultuous affray. — When in a tumultuousaffrayas referred to in the preceding article, only serious physical injuriesare inflicted upon the participants thereof and the person responsiblethereof cannot be identified, all those who appear to have usedviolenceupon the person of the offended party shall suffer the penalty nextlowerin degree than that provided for the physical injuries so inflicted.chanrobles virtual law library
When the physicalinjuries inflicted are of a less serious nature and the personresponsibletherefor cannot be identified, all those who appear to have used anyviolenceupon the person of the offended party shall be punished by arrestomayorfrom five to fifteen days.chanrobles virtual law library
Art. 253. Givingassistance to suicide. — Any person who shall assist another tocommitsuicide shall suffer the penalty of prision mayor; if such person leadshis assistance to another to the extent of doing the killing himself,heshall suffer the penalty of reclusion temporal. However, if the suicideis not consummated, the penalty of arresto mayor in its medium andmaximumperiods, shall be imposed.chanrobles virtual law library
Art. 254. Dischargeof firearms. — Any person who shall shoot at another with anyfirearmshall suffer the penalty of prision correccional in its minimum andmediumperiods, unless the facts of the case are such that the act can be heldto constitute frustrated or attempted parricide, murder, homicide oranyother crime for which a higher penalty is prescribed by any of thearticlesof this Code.chanrobles virtual law librarychan robles virtual law library
Art.255. Infanticide. — The penalty provided for parricide in Article 246 and for murder inArticle248 shall be imposed upon any person who shall kill any child less thanthree days of age.
If the crimepenalized in this article be committed by the mother of the child forthepurpose of concealing her dishonor, she shall suffer the penalty ofprisioncorreccional in its medium and maximum periods, and if said crime becommittedfor the same purpose by the maternal grandparents or either of them,thepenalty shall be prision mayor.chanrobles virtual law library
Art. 256. Intentionalabortion. — Any person who shall intentionally cause an abortionshallsuffer:
- 1. The penaltyof reclusion temporal, if he shall use any violence upon the person ofthe pregnant woman.chanrobles virtual law library
2. The penaltyof prision mayor if, without using violence, he shall act without theconsentof the woman.chanrobles virtual law library
3. The penaltyof prision correccional in its medium and maximum periods, if the womanshall have consented.chanrobles virtual law library
Art. 257. Unintentionalabortion. — The penalty of prision correccional in its minimum andmedium period shall be imposed upon any person who shall cause anabortionby violence, but unintentionally.
Art. 258. Abortionpracticed by the woman herself of by her parents. — The penalty ofprision correccional in its medium and maximum periods shall be imposedupon a woman who shall practice abortion upon herself or shall consentthat any other person should do so.chanrobles virtual law library
Any woman whoshall commit this offense to conceal her dishonor, shall suffer thepenaltyof prision correccional in its minimum and medium periods.chanrobles virtual law library
If this crimebe committed by the parents of the pregnant woman or either of them,andthey act with the consent of said woman for the purpose of concealingherdishonor, the offenders shall suffer the penalty of prisioncorreccionalin its medium and maximum periods.chanrobles virtual law library
Art. 259. Abortionpracticed by a physician or midwife and dispensing of abortives. —The penalties provided in Article 256 shall be imposed in its maximumperiod,respectively, upon any physician or midwife who, taking advantage oftheirscientific knowledge or skill, shall cause an abortion or assist incausingthe same.chanrobles virtual law library
Any pharmacistwho, without the proper prescription from a physician, shall dispenseanyabortive shall suffer arresto mayor and a fine not exceeding 1,000pesos.chanrobles virtual law library
Art.260. Responsibilityof participants in a duel. — The penalty of reclusion temporalshallbe imposed upon any person who shall kill his adversary in a duel.
If he shallinflict upon the latter physical injuries only, he shall suffer thepenaltyprovided therefor, according to their nature.chanrobles virtual law library
In any othercase, the combatants shall suffer the penalty of arresto mayor,althoughno physical injuries have been inflicted.chanrobles virtual law library
The secondsshall in all events be punished as accomplices.chanrobles virtual law library
Art. 261. Challengingto a duel. — The penalty of prision correccional in its minimumperiodshall be imposed upon any person who shall challenge another, or inciteanother to give or accept a challenge to a duel, or shall scoff at ordecryanother publicly for having refused to accept a challenge to fight aduel.chanrobles virtual law library
Art.262. Mutilation.— The penalty of reclusion temporal to reclusion perpetua shall beimposedupon any person who shall intentionally mutilate another by deprivinghim,either totally or partially, or some essential organ of reproduction.
Any other intentionalmutilation shall be punished by prision mayor in its medium and maximumperiods.chanrobles virtual law library
Art. 263. Seriousphysical injuries. — Any person who shall wound, beat, or assaultanother,shall be guilty of the crime of serious physical injuries and shallsuffer:
- 1. The penaltyof prision mayor, if in consequence of the physical injuries inflicted,the injured person shall become insane, imbecile, impotent, or blind;
2. The penaltyof prision correccional in its medium and maximum periods, if inconsequenceof the physical injuries inflicted, the person injured shall have lostthe use of speech or the power to hear or to smell, or shall have lostan eye, a hand, a foot, an arm, or a leg or shall have lost the use ofany such member, or shall have become incapacitated for the work inwhichhe was therefor habitually engaged;
3. The penaltyof prision correccional in its minimum and medium periods, if inconsequenceof the physical injuries inflicted, the person injured shall havebecomedeformed, or shall have lost any other part of his body, or shall havelost the use thereof, or shall have been ill or incapacitated for theperformanceof the work in which he as habitually engaged for a period of more thanninety days;
4. The penaltyof arresto mayor in its maximum period to prision correccional in itsminimumperiod, if the physical injuries inflicted shall have caused theillnessor incapacity for labor of the injured person for more than thirty days.chanrobles virtual law library
If the offenseshall have been committed against any of the persons enumerated inArticle246, or with attendance of any of the circ*mstances mentioned inArticle248, the case covered by subdivision number 1 of this Article shall bepunished by reclusion temporal in its medium and maximum periods; thecasecovered by subdivision number 2 by prision correccional in its maximumperiod to prision mayor in its minimum period; the case covered bysubdivisionnumber 3 by prision correccional in its medium and maximum periods; andthe case covered by subdivision number 4 by prision correccional in itsminimum and medium periods.
The provisionsof the preceding paragraph shall not be applicable to a parent whoshallinflict physical injuries upon his child by excessive chastisem*nt.chanrobles virtual law library
Art. 264. Administeringinjurious substances or beverages. — The penalties established bythenext preceding article shall be applicable in the respective case toanyperson who, without intent to kill, shall inflict upon another anyserious,physical injury, by knowingly administering to him any injurioussubstanceor beverages or by taking advantage of his weakness of mind orcredulity.chanrobles virtual law library
Art. 265. Lessserious physical injuries. — Any person who shall inflict uponanotherphysical injuries not described in the preceding articles, but whichshallincapacitate the offended party for labor for ten days or more, orshallrequire medical assistance for the same period, shall be guilty of lessserious physical injuries and shall suffer the penalty of arresto mayor.chanrobles virtual law library
Whenever lessserious physical injuries shall have been inflicted with the manifestintentto kill or offend the injured person, or under circ*mstances addingignominyto the offense in addition to the penalty of arresto mayor, a fine notexceeding 500 pesos shall be imposed.chanrobles virtual law library
Any less seriousphysical injuries inflicted upon the offender's parents, ascendants,guardians,curators, teachers, or persons of rank, or persons in authority, shallbe punished by prision correccional in its minimum and medium periods,provided that, in the case of persons in authority, the deed does notconstitutethe crime of assault upon such person.chanrobles virtual law library
Art. 266. Slightphysical injuries and maltreatment. — The crime of slight physicalinjuries shall be punished:
- 1. By arrestomenor when the offender has inflicted physical injuries which shallincapacitatethe offended party for labor from one to nine days, or shall requiremedicalattendance during the same period.chanrobles virtual law library
2. By arrestomenor or a fine not exceeding 20 pesos and censure when the offenderhascaused physical injuries which do not prevent the offended party fromengagingin his habitual work nor require medical assistance.chanrobles virtual law library
3. By arrestomenor in its minimum period or a fine not exceeding 50 pesos when theoffendershall ill-treat another by deed without causing any injury.chanrobles virtual law library
Art.267. Kidnappingand serious illegal detention. — Any private individual who shallkidnapor detain another, or in any other manner deprive him of his liberty,shallsuffer the penalty of reclusion perpetua to death:
- 1. If the kidnappingor detention shall have lasted more than five days.chanrobles virtual law library
2. If it shallhave been committed simulating public authority.chanrobles virtual law library
3. If any seriousphysical injuries shall have been inflicted upon the person kidnappedordetained; or if threats to kill him shall have been made.chanrobles virtual law library
4. If the personkidnapped or detained shall be a minor, female or a public officer.chanrobles virtual law library
The penalty shallbe death where the kidnapping or detention was committed for thepurposeof extorting ransom from the victim or any other person, even if noneofthe circ*mstances above-mentioned were present in the commission of theoffense.
Art. 268. Slightillegal detention. — The penalty of reclusion temporal shall beimposedupon any private individual who shall commit the crimes described inthenext preceding article without the attendance of any of circ*mstancesenumeratedtherein.chanrobles virtual law library
The same penaltyshall be incurred by anyone who shall furnish the place for theperpetrationof the crime.chanrobles virtual law library
If the offendershall voluntarily release the person so kidnapped or detained withinthreedays from the commencement of the detention, without having attainedthepurpose intended, and before the institution of criminal proceedingsagainsthim, the penalty shall be prision mayor in its minimum and mediumperiodsand a fine not exceeding seven hundred pesos.chanrobles virtual law library
Art. 269. Unlawfularrest. — The penalty of arresto mayor and a fine not exceeding 500pesos shall be imposed upon any person who, in any case other thanthoseauthorized by law, or without reasonable ground therefor, shall arrestor detain another for the purpose of delivering him to the properauthorities.chanrobles virtual law library
Art.270. Kidnappingand failure to return a minor. — The penalty of reclusion perpetuashall be imposed upon any person who, being entrusted with the custodyof a minor person, shall deliberately fail to restore the latter to hisparents or guardians.
Art. 271. Inducinga minor to abandon his home. — The penalty of prision correccionaland a fine not exceeding seven hundred pesos shall be imposed uponanyonewho shall induce a minor to abandon the home of his parent or guardiansor the persons entrusted with his custody.chanrobles virtual law library
If the personcommitting any of the crimes covered by the two preceding articlesshallbe the father or the mother of the minor, the penalty shall be arrestomayor or a fine not exceeding three hundred pesos, or both.chanrobles virtual law library
Art. 272. Slavery.— The penalty of prision mayor and a fine of not exceeding 10,000 pesosshall be imposed upon anyone who shall purchase, sell, kidnap or detaina human being for the purpose of enslaving him.chanrobles virtual law library
If the crimebe committed for the purpose of assigning the offended party to someimmoraltraffic, the penalty shall be imposed in its maximum period.chanrobles virtual law library
Art. 273. Exploitationof child labor. — The penalty of prision correccional in itsminimumand medium periods and a fine not exceeding 500 pesos shall be imposedupon anyone who, under the pretext of reimbursing himself of a debtincurredby an ascendant, guardian or person entrusted with the custody of aminor,shall, against the latter's will, retain him in his service.chanrobles virtual law library
Art. 274. Servicesrendered under compulsion in payment of debt. — The penalty ofarrestomayor in its maximum period to prision correccional in its minimumperiodshall be imposed upon any person who, in order to require or enforce thepayment of a debt, shall compel the debtor to work for him, against hiswill, as household servant or farm laborer.chanrobles virtual law library
Art. 275. Abandonmentof person in danger and abandonment of one's own victim. — Thepenaltyof arresto mayor shall be imposed upon:
- 1. Any onewho shall fail to render assistance to any person whom he shall find inan uninhabited place wounded or in danger of dying, when he can rendersuch assistance without detriment to himself, unless such omissionshallconstitute a more serious offense.chanrobles virtual law library
2. Anyone whoshall fail to help or render assistance to another whom he hasaccidentallywounded or injured.chanrobles virtual law library
3. Anyone who,having found an abandoned child under seven years of age, shall fail todeliver said child to the authorities or to his family, or shall failtotake him to a safe place.chanrobles virtual law library
Art. 276. Abandoninga minor. — The penalty of arresto mayor and a fine not exceeding500pesos shall be imposed upon any one who shall abandon a child undersevenyears of age, the custody of which is incumbent upon him.
When the deathof the minor shall result from such abandonment, the culprit shall bepunishedby prision correccional in its medium and maximum periods; but if thelifeof the minor shall have been in danger only, the penalty shall beprisioncorreccional in its minimum and medium periods.chanrobles virtual law library
The provisionscontained in the two preceding paragraphs shall not prevent theimpositionof the penalty provided for the act committed, when the same shallconstitutea more serious offense.chanrobles virtual law library
Art. 277. Abandonmentof minor by person entrusted with his custody; indifference of parents. — The penalty of arresto mayor and a fine not exceeding 500 pesos shallbe imposed upon anyone who, having charge of the rearing or educationofa minor, shall deliver said minor to a public institution or otherpersons,without the consent of the one who entrusted such child to his care orin the absence of the latter, without the consent of the properauthorities.chanrobles virtual law library
The same penaltyshall be imposed upon the parents who shall neglect their children bynotgiving them the education which their station in life require andfinancialconditions permit.chanrobles virtual law library
Art. 278. Exploitationof minors. — The penalty of prision correccional in its minimum andmedium periods and a fine not exceeding 500 pesos shall be imposed upon:
- 1. Any personwho shall cause any boy or girl under sixteen years of age to performanydangerous feat of balancing, physical strength, or contortion.chanrobles virtual law library
2. Any personwho, being an acrobat, gymnast, rope-walker, diver, wild-animal tamerorcircus manager or engaged in a similar calling, shall employ inexhibitionsof these kinds children under sixteen years of age who are not hischildrenor descendants.chanrobles virtual law library
3. Any personengaged in any of the callings enumerated in the next paragraphprecedingwho shall employ any descendant of his under twelve years of age insuchdangerous exhibitions.chanrobles virtual law library
4. Any ascendant,guardian, teacher or person entrusted in any capacity with the care ofa child under sixteen years of age, who shall deliver such childgratuitouslyto any person following any of the callings enumerated in paragraph 2hereof,or to any habitual vagrant or beggar.chanrobles virtual law library
If the deliveryshall have been made in consideration of any price, compensation, orpromise,the penalty shall in every case be imposed in its maximum period.chanrobles virtual law library
In either case,the guardian or curator convicted shall also be removed from office asguardian or curator; and in the case of the parents of the child, theymay be deprived, temporarily or perpetually, in the discretion of thecourt,of their parental authority.chanrobles virtual law library
5. Any personwho shall induce any child under sixteen years of age to abandon thehomeof its ascendants, guardians, curators, or teachers to follow anypersonengaged in any of the callings mentioned in paragraph 2 hereof, or toaccompanyany habitual vagrant or beggar.chanrobles virtual law library
Art. 279. Additionalpenalties for other offenses. — The imposition of the penaltiesprescribedin the preceding articles, shall not prevent the imposition upon thesameperson of the penalty provided for any other felonies defined andpunishedby this Code.
Art.280. Qualifiedtrespass to dwelling. — Any private person who shall enter thedwellingof another against the latter's will shall be punished by arresto mayorand a fine not exceeding 1,000 pesos.
If the offensebe committed by means of violence or intimidation, the penalty shall beprision correccional in its medium and maximum periods and a fine notexceeding1,000 pesos.chanrobles virtual law library
The provisionsof this article shall not be applicable to any person who shall enteranother'sdwelling for the purpose of preventing some serious harm to himself,theoccupants of the dwelling or a third person, nor shall it be applicableto any person who shall enter a dwelling for the purpose of renderingsomeservice to humanity or justice, nor to anyone who shall enter cafes,taverns,inn and other public houses, while the same are open.chanrobles virtual law library
Art. 281. Otherforms of trespass. — The penalty of arresto menor or a fine notexceeding200 pesos, or both, shall be imposed upon any person who shall entertheclosed premises or the fenced estate of another, while either or themareuninhabited, if the prohibition to enter be manifest and the trespasserhas not secured the permission of the owner or the caretaker thereof.chanrobles virtual law library
Art.282. Gravethreats. — Any person who shall threaten another with theinflictionupon the person, honor or property of the latter or of his family ofanywrong amounting to a crime, shall suffer:
- 1. The penaltynext lower in degree than that prescribed by law for the crime bethreatenedto commit, if the offender shall have made the threat demanding moneyorimposing any other condition, even though not unlawful, and saidoffendershall have attained his purpose. If the offender shall not haveattainedhis purpose, the penalty lower by two degrees shall be imposed.chanrobles virtual law library
If the threatbe made in writing or through a middleman, the penalty shall be imposedin its maximum period.chanrobles virtual law library
2. The penaltyof arresto mayor and a fine not exceeding 500 pesos, if the threatshallnot have been made subject to a condition.chanrobles virtual law library
Art. 283. Lightthreats. — Any threat to commit a wrong not constituting a crime,madein the manner expressed in subdivision 1 of the next preceding article,shall be punished by arresto mayor.
Art. 284. Bondfor good behavior. — In all cases falling within the two nextprecedingarticles, the person making the threats may also be required to givebailnot to molest the person threatened, or if he shall fail to give suchbail,he shall be sentenced to destierro.chanrobles virtual law library
Art. 285. Otherlight threats. — The penalty of arresto menor in its minimum periodor a fine not exceeding 200 pesos shall be imposed upon:
- 1. Any personwho, without being included in the provisions of the next precedingarticle,shall threaten another with a weapon or draw such weapon in a quarrel,unless it be in lawful self-defense.chanrobles virtual law library
2. Any personwho, in the heat of anger, shall orally threaten another with some harmnot constituting a crime, and who by subsequent acts show that he didnotpersist in the idea involved in his threat, provided that thecirc*mstancesof the offense shall not bring it within the provisions of Article 282of this Code.chanrobles virtual law library
3. Any personwho shall orally threaten to do another any harm not constituting afelony.chanrobles virtual law library
Art. 286. Gravecoercions. — The penalty of arresto mayor and a fine not exceeding500 pesos shall be imposed upon any person who, without authority oflaw,shall, by means of violence, prevent another from doing something notprohibitedby law, or compel him to do something against his will, whether it berightor wrong.
If the coercionbe committed for the purpose of compelling another to perform anyreligiousact or to prevent him from so doing, the penalty next higher in degreeshall be imposed.chanrobles virtual law library
Art. 287. Lightcoercions. — Any person who, by means of violence, shall seizeanythingbelonging to his debtor for the purpose of applying the same to thepaymentof the debt, shall suffer the penalty of arresto mayor in its minimumperiodand a fine equivalent to the value of the thing, but in no case lessthan75 pesos.chanrobles virtual law library
Any other coercionsor unjust vexations shall be punished by arresto menor or a finerangingfrom 5 pesos to 200 pesos, or both.chanrobles virtual law library
Art. 288. Othersimilar coercions; (Compulsory purchase of merchandise and payment ofwagesby means of tokens.) — The penalty of arresto mayor or a finerangingfrom 200 to 500 pesos, or both, shall be imposed upon any person, agentor officer, of any association or corporation who shall force orcompel,directly or indirectly, or shall knowingly permit any laborer oremployeeemployed by him or by such firm or corporation to be forced orcompelled,to purchase merchandise or commodities of any kind.chanrobles virtual law library
The same penaltiesshall be imposed upon any person who shall pay the wages due a laboreror employee employed by him, by means of tokens or objects other thanthelegal tender currency of the laborer or employee.chanrobles virtual law library
Art. 289. Formation,maintenance and prohibition of combination of capital or labor throughviolence or threats. — The penalty of arresto mayor and a fine notexceeding 300 pesos shall be imposed upon any person who, for thepurposeof organizing, maintaining or preventing coalitions or capital orlabor,strike of laborers or lock-out of employees, shall employ violence orthreatsin such a degree as to compel or force the laborers or employers in thefree and legal exercise of their industry or work, if the act shall notconstitute a more serious offense in accordance with the provisions ofthis Code.chanrobles virtual law library
Art.290. Discoveringsecrets through seizure of correspondence. — The penalty of prisioncorreccional in its minimum and medium periods and a fine not exceeding500 pesos shall be imposed upon any private individual who in order todiscover the secrets of another, shall seize his papers or letters andreveal the contents thereof.
If the offendershall not reveal such secrets, the penalty shall be arresto mayor and afine not exceeding 500 pesos.chanrobles virtual law library
The provisionshall not be applicable to parents, guardians, or persons entrustedwiththe custody of minors with respect to the papers or letters of thechildrenor minors placed under their care or study, nor to spouses with respectto the papers or letters of either of them.chanrobles virtual law library
Art. 291. Revealingsecrets with abuse of office. — The penalty of arresto mayor and afine not exceeding 500 pesos shall be imposed upon any manager,employee,or servant who, in such capacity, shall learn the secrets of hisprincipalor master and shall reveal such secrets.chanrobles virtual law library
Art. 292. Revelationof industrial secrets. — The penalty of prision correccional in itsminimum and medium periods and a fine not exceeding 500 pesos shall beimposed upon the person in charge, employee or workman of anymanufacturingor industrial establishment who, to the prejudice of the owner thereof,shall reveal the secrets of the industry of the latter.chanrobles virtual law library
Art.293. Whoare guilty of robbery. — Any person who, with intent to gain, shalltake any personal property belonging to another, by means of violenceorintimidation of any person, or using force upon anything shall beguiltyof robbery.
Art.295. Robberywith violence against or intimidation of persons; Penalties. — Anyperson guilty of robbery with the use of violence against orintimidationof any person shall suffer:
- 1. The penaltyof reclusion perpetua to death, when by reason or on occasion of therobbery,the crime of homicide shall have been committed.chanrobles virtual law library
2. The penaltyof reclusion temporal in its medium period to reclusion perpetua whentherobbery shall have been accompanied by rape or intentional mutilation,or if by reason or on occasion of such robbery, any of the physicalinjuriespenalized in subdivision 1 of Article 263 shall have been inflicted;Provided,however, that when the robbery accompanied with rape is committed witha use of a deadly weapon or by two or more persons, the penalty shallbereclusion perpetua to death (As amended by PD No. 767).
3. The penaltyof reclusion temporal, when by reason or on occasion of the robbery,anyof the physical injuries penalized in subdivision 2 of the articlementionedin the next preceding paragraph, shall have been inflicted.chanrobles virtual law library
4. The penaltyof prision mayor in its maximum period to reclusion temporal in itsmediumperiod, if the violence or intimidation employed in the commission of therobbery shall have been carried to a degree clearly unnecessary for thecommission of the crime, or when the course of its execution, theoffendershall have inflicted upon any person not responsible for its commissionany of the physical injuries covered by sub-divisions 3 and 4 of saidArticle23.chanrobles virtual law library
5. The penaltyof prision correccional in its maximum period to prision mayor in itsmediumperiod in other cases.(As amended by R. A. 18).
Art. 295. Robberywith physical injuries, committed in an uninhabited place and by aband,or with the use of firearm on a street, road or alley. — If theoffensesmentioned in subdivisions three, four, and five of the next precedingarticleshall have been committed in an uninhabited place or by a band, or byattackinga moving train, street car, motor vehicle or airship, or by enteringthepassenger's compartments in a train or, in any manner, taking thepassengersthereof by surprise in the respective conveyances, or on a street,road,highway, or alley, and the intimidation is made with the use of afirearm,the offender shall be punished by the maximum period of the properpenalties.
In the samecases, the penalty next higher in degree shall be imposed upon theleaderof the band.chanrobles virtual law library
Art. 296. Definitionof a band and penalty incurred by the members thereof. — When morethan three armed malefactors take part in the commission of a robbery,it shall be deemed to have been committed by a band. When any of thearmsused in the commission of the offense be an unlicensed firearm, thepenaltyto be imposed upon all the malefactors shall be the maximum of thecorrespondingpenalty provided by law, without prejudice of the criminal liabilityforillegal possession of such unlicensed firearms.chanrobles virtual law library
Any member ofa band who is present at the commission of a robbery by the band, shallbe punished as principal of any of the assaults committed by the band,unless it be shown that he attempted to prevent the same.chanrobles virtual law library
Art. 297. Attemptedand frustrated robbery committed under certain circ*mstances. —Whenby reason or on occasion of an attempted or frustrated robbery ahomicideis committed, the person guilty of such offenses shall be punished byreclusiontemporal in its maximum period to reclusion perpetua, unless thehomicidecommitted shall deserve a higher penalty under the provisions of thisCode.chanrobles virtual law library
Art. 298. Executionof deeds by means of violence or intimidation. — Any person who,withintent to defraud another, by means of violence or intimidation, shallcompel him to sign, execute or deliver any public instrument ordocuments,shall be held guilty of robbery and punished by the penaltiesrespectivelyprescribed in this Chapter.chanrobles virtual law library
Art.299. Robberyin an inhabited house or public building or edifice devoted to worship.— Any armed person who shall commit robbery in an inhabited house orpublicbuilding or edifice devoted to religious worship, shall be punished byreclusion temporal, if the value of the property taken shall exceed 250pesos, and if:
- (a) The malefactorsshall enter the house or building in which the robbery was committed,byany of the following means:
- 1. Througha opening not intended for entrance or egress.chanrobles virtual law library
2. By breakingany wall, roof, or floor or breaking any door or window.chanrobles virtual law library
3. By usingfalse keys, picklocks or similar tools.chanrobles virtual law library
4. By usingany fictitious name or pretending the exercise of public authority.chanrobles virtual law library
Or if —
- (b) The robberybe committed under any of the following circ*mstances:
- 1. By the breakingof doors, wardrobes, chests, or any other kind of locked or sealedfurnitureor receptacle;
2. By takingsuch furniture or objects to be broken or forced open outside the placeof the robbery.chanrobles virtual law library
When the offendersdo not carry arms, and the value of the property taken exceeds 250pesos,the penalty next lower in degree shall be imposed.
The same ruleshall be applied when the offenders are armed, but the value of thepropertytaken does not exceed 250 pesos.chanrobles virtual law library
When said offendersdo not carry arms and the value of the property taken does not exceed250pesos, they shall suffer the penalty prescribed in the two nextprecedingparagraphs, in its minimum period.chanrobles virtual law librarychan robles virtual law library
If the robberybe committed in one of the dependencies of an inhabited house, publicbuilding,or building dedicated to religious worship, the penalties next lower indegree than those prescribed in this article shall be imposed.chanrobles virtual law library
Art. 300. Robberyin an uninhabited place and by a band. — The robbery mentioned inthenext preceding article, if committed in an uninhabited place and by aband,shall be punished by the maximum period of the penalty providedtherefor.chanrobles virtual law library
Art. 301. Whatis an inhabited house, public building or building dedicated toreligiousworship and their dependencies. — Inhabited house means anyshelter,ship or vessel constituting the dwelling of one or more persons, eventhoughthe inhabitants thereof shall temporarily be absent therefrom when therobbery is committed.chanrobles virtual law library
All interiorcourts, corrals, waterhouses, granaries, barns, coach-houses, stablesorother departments or inclosed places contiguous to the building oredifice,having an interior entrance connected therewith, and which form part ofthe whole, shall be deemed dependencies of an inhabited house, publicbuildingor building dedicated to religious worship.chanrobles virtual law library
Orchards andother lands used for cultivation or production are not included in theterms of the next preceding paragraph, even if closed, contiguous tothebuilding and having direct connection therewith.chanrobles virtual law library
The term "publicbuilding" includes every building owned by the Government orbelongingto a private person not included used or rented by the Government,althoughtemporarily unoccupied by the same.chanrobles virtual law library
Art. 302. Robberyis an uninhabited place or in a private building. — Any robberycommittedin an uninhabited place or in a building other than those mentioned inthe first paragraph of Article 299, if the value of the property takenexceeds 250 pesos, shall be punished by prision correccional if any ofthe following circ*mstances is present:
- 1. If the entrancehas been effected through any opening not intended for entrance oregress.chanrobles virtual law library
2. If any wall,roof, flour or outside door or window has been broken.chanrobles virtual law library
3. If the entrancehas been effected through the use of false keys, picklocks or othersimilartools.chanrobles virtual law library
4. If any dorm,wardrobe, chest or by sealed or closed furniture or receptacle has beenbroken.chanrobles virtual law library
5. If any closedor sealed receptacle, as mentioned in the preceding paragraph, has beenremoved even if the same to broken open elsewhere.chanrobles virtual law library
When the valueof the property takes does not exceed 250 pesos, the penalty next lowerin degree shall be imposed.
In the casesspecified in Articles 294, 295, 297, 299, 300, and 302 of this Code,whenthe property taken is mail matter or large cattle, the offender shallsufferthe penalties next higher in degree than those provided in saidarticles.chanrobles virtual law library
Art. 303. Robberyof cereals, fruits, or firewood in an uninhabited place or privatebuilding. — In the cases enumerated in Articles 299 and 302, when the robberyconsistsin the taking of cereals, fruits, or firewood, the culprit shall sufferthe penalty next lower in degree than that prescribed in said articles.chanrobles virtual law library
Art. 304. Possessionof picklocks or similar tools. — Any person who shall withoutlawfulcause have in his possession picklocks or similar tools especiallyadoptedto the commission of the crime of robbery, shall be punished by arrestomayor in its maximum period to prision correccional in its minimumperiod.chanrobles virtual law library
The same penaltyshall be imposed upon any person who shall make such tools. If theoffenderbe a locksmith, he shall suffer the penalty of prision correccional inits medium and maximum periods.chanrobles virtual law library
Art. 305. Falsekeys. — The term "false keys" shall be deemed to include:
- 1. The toolsmentioned in the next preceding articles.chanrobles virtual law library
2. Genuine keysstolen from the owner.chanrobles virtual law library
3. Any keysother than those intended by the owner for use in the lock forciblyopenedby the offender.chanrobles virtual law library
Art.306. Whoare brigands; Penalty. — When more than three armed persons form aband of robbers for the purpose of committing robbery in the highway,orkidnapping persons for the purpose of extortion or to obtain ransom orfor any other purpose to be attained by means of force and violence,theyshall be deemed highway robbers or brigands.
Persons foundguilty of this offense shall be punished by prision mayor in its mediumperiod to reclusion temporal in its minimum period if the act or actscommittedby them are not punishable by higher penalties, in which case, theyshallsuffer such high penalties.chanrobles virtual law library
If any of thearms carried by any of said persons be an unlicensed firearms, it shallbe presumed that said persons are highway robbers or brigands, and incaseof convictions the penalty shall be imposed in the maximum period.chanrobles virtual law library
Art. 307. Aidingand abetting a band of brigands. — Any person knowingly and in anymanner aiding, abetting or protecting a band of brigands as describedinthe next preceding article, or giving them information of the movementsof the police or other peace officers of the Government (or of theforcesof the United States Army), when the latter are acting in aid of theGovernment,or acquiring or receiving the property taken by such brigands shall bepunished by prision correccional in its medium period to prision mayorin its minimum period.chanrobles virtual law library
It shall bepresumed that the person performing any of the acts provided in thisarticlehas performed them knowingly, unless the contrary is proven.chanrobles virtual law library
Art.308. Whoare liable for theft. — Theft is committed by any person who, withintent to gain but without violence against or intimidation of personsnor force upon things, shall take personal property of another withoutthe latter's consent.
Theft is likewisecommitted by:
- 1. Any personwho, having found lost property, shall fail to deliver the same to thelocal authorities or to its owner;
2. Any personwho, after having maliciously damaged the property of another, shallremoveor make use of the fruits or object of the damage caused by him; and
3. Any personwho shall enter an inclosed estate or a field where trespass isforbiddenor which belongs to another and without the consent of its owner, shallhunt or fish upon the same or shall gather cereals, or other forest orfarm products.chanrobles virtual law library
Art. 309. Penalties.— Any person guilty of theft shall be punished by:
- 1. The penaltyof prision mayor in its minimum and medium periods, if the value of thething stolen is more than 12,000 pesos but does not exceed 22,000pesos,but if the value of the thing stolen exceeds the latter amount thepenaltyshall be the maximum period of the one prescribed in this paragraph,andone year for each additional ten thousand pesos, but the total of thepenaltywhich may be imposed shall not exceed twenty years. In such cases, andin connection with the accessory penalties which may be imposed and forthe purpose of the other provisions of this Code, the penalty shall betermed prision mayor or reclusion temporal, as the case may be.chanrobles virtual law library
2. The penaltyof prision correccional in its medium and maximum periods, if the valueof the thing stolen is more than 6,000 pesos but does not exceed 12,000pesos.chanrobles virtual law library
3. The penaltyof prision correccional in its minimum and medium periods, if the valueof the property stolen is more than 200 pesos but does not exceed 6,000pesos.chanrobles virtual law library
4. Arresto mayorin its medium period to prision correccional in its minimum period, ifthe value of the property stolen is over 50 pesos but does not exceed200pesos.chanrobles virtual law library
5. Arresto mayorto its full extent, if such value is over 5 pesos but does not exceed50pesos.chanrobles virtual law library
6. Arresto mayorin its minimum and medium periods, if such value does not exceed 5pesos.chanrobles virtual law library
7. Arresto menoror a fine not exceeding 200 pesos, if the theft is committed under thecirc*mstances enumerated in paragraph 3 of the next preceding articleandthe value of the thing stolen does not exceed 5 pesos. If such valueexceedssaid amount, the provision of any of the five preceding subdivisionsshallbe made applicable.chanrobles virtual law library
8. Arresto menorin its minimum period or a fine not exceeding 50 pesos, when the valueof the thing stolen is not over 5 pesos, and the offender shall haveactedunder the impulse of hunger, poverty, or the difficulty of earning alivelihoodfor the support of himself or his family.chanrobles virtual law library
Art. 310. Qualifiedtheft. — The crime of theft shall be punished by the penaltiesnexthigher by two degrees than those respectively specified in the nextprecedingarticle, if committed by a domestic servant, or with grave abuse ofconfidence,or if the property stolen is motor vehicle, mail matter or large cattleor consists of coconuts taken from the premises of the plantation orfishtaken from a fishpond or fishery, or if property is taken on theoccasionof fire, earthquake, typhoon, volcanic erruption, or any othercalamity,vehicular accident or civil disturbance. (As amendedby R.A.120 and B.P. Blg. 71. May 1, 1980).
Art. 311. Theftof the property of the National Library and National Museum. — Iftheproperty stolen be any property of the National Library or the NationalMuseum, the penalty shall be arresto mayor or a fine ranging from 200to500 pesos, or both, unless a higher penalty should be provided underotherprovisions of this Code, in which case, the offender shall be punishedby such higher penalty.chanrobles virtual law library
Art.312. Occupationof real property or usurpation of real rights in property. — Anypersonwho, by means of violence against or intimidation of persons, shalltakepossession of any real property or shall usurp any real rights inpropertybelonging to another, in addition to the penalty incurred for the actsof violence executed by him, shall be punished by a fine from 50 to 100per centum of the gain which he shall have obtained, but not less than75 pesos.
If the valueof the gain cannot be ascertained, a fine of from 200 to 500 pesosshallbe imposed.chanrobles virtual law library
Art. 313. Alteringboundaries or landmarks. — Any person who shall alter the boundarymarks or monuments of towns, provinces, or estates, or any other marksintended to designate the boundaries of the same, shall be punished byarresto menor or a fine not exceeding 100 pesos, or both.chanrobles virtual law library
Art.314. Fraudulentinsolvency. — Any person who shall abscond with his property totheprejudice of his creditors, shall suffer the penalty of prision mayor,if he be a merchant and the penalty of prision correccional in itsmaximumperiod to prision mayor in its medium period, if he be not a merchant.
Art.315. Swindling(estafa). — Any person who shall defraud another by any of themeansmentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prisionmayorin its minimum period, if the amount of the fraud is over 12,000 pesosbut does not exceed 22,000 pesos, and if such amount exceeds the lattersum, the penalty provided in this paragraph shall be imposed in itsmaximumperiod, adding one year for each additional 10,000 pesos; but the totalpenalty which may be imposed shall not exceed twenty years. In suchcases,and in connection with the accessory penalties which may be imposedunderthe provisions of this Code, the penalty shall be termed prision mayoror reclusion temporal, as the case may be.chanrobles virtual law library
2nd. The penalty of prision correccional in its minimum and medium periods,if the amount of the fraud is over 6,000 pesos but does not exceed12,000pesos;
3rd. The penalty of arresto mayor in its maximum period to prisioncorreccionalin its minimum period if such amount is over 200 pesos but does notexceed6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does not exceed200 pesos, provided that in the four cases mentioned, the fraud becommittedby any of the following means:
- 1. With unfaithfulnessor abuse of confidence, namely:
- (a) By alteringthe substance, quantity, or quality or anything of value which theoffendershall deliver by virtue of an obligation to do so, even though suchobligationbe based on an immoral or illegal consideration.chanrobles virtual law library
(b) By misappropriatingor converting, to the prejudice of another, money, goods, or any otherpersonal property received by the offender in trust or on commission,orfor administration, or under any other obligation involving the duty tomake delivery of or to return the same, even though such obligation betotally or partially guaranteed by a bond; or by denying havingreceivedsuch money, goods, or other property.chanrobles virtual law librarychan robles virtual law library
(c) By takingundue advantage of the signature of the offended party in blank, and bywriting any document above such signature in blank, to the prejudice ofthe offended party or of any third person.chanrobles virtual law library
- (a) By usingfictitious name, or falsely pretending to possess power, influence,qualifications,property, credit, agency, business or imaginary transactions, or bymeansof other similar deceits.chanrobles virtual law library
(b) By alteringthe quality, fineness or weight of anything pertaining to his art orbusiness.chanrobles virtual law library
(c) By pretendingto have bribed any Government employee, without prejudice to the actionfor calumny which the offended party may deem proper to bring againsttheoffender. In this case, the offender shall be punished by the maximumperiodof the penalty.chanrobles virtual law library
(d) [By post-datinga check, or issuing a check in payment of an obligation when theoffendertherein were not sufficient to cover the amount of the check. Thefailureof the drawer of the check to deposit the amount necessary to cover hischeck within three (3) days from receipt of notice from the bank and/orthe payee or holder that said check has been dishonored for lack ofinsufficiencyof funds shall be prima facie evidence of deceit constituting falsepretenseor fraudulent act. (As amended by R.A. 4885, approvedJune17, 1967.)]
(e) By obtainingany food, refreshment or accommodation at a hotel, inn, restaurant,boardinghouse, lodging house, or apartment house and the like without payingtherefor,with intent to defraud the proprietor or manager thereof, or byobtainingcredit at hotel, inn, restaurant, boarding house, lodging house, orapartmenthouse by the use of any false pretense, or by abandoning orsurreptitiouslyremoving any part of his baggage from a hotel, inn, restaurant,boardinghouse, lodging house or apartment house after obtaining credit, food,refreshmentor accommodation therein without paying for his food, refreshment oraccommodation.chanrobles virtual law library
- (a) By inducinganother, by means of deceit, to sign any document.chanrobles virtual law library
(b) By resortingto some fraudulent practice to insure success in a gambling game.chanrobles virtual law library
(c) By removing,concealing or destroying, in whole or in part, any court record, officefiles, document or any other papers.chanrobles virtual law library
Art. 316. Otherforms of swindling. — The penalty of arresto mayor in its minimumandmedium period and a fine of not less than the value of the damagecausedand not more than three times such value, shall be imposed upon:
- 1. Any personwho, pretending to be owner of any real property, shall convey, sell,encumberor mortgage the same.chanrobles virtual law library
2. Any person,who, knowing that real property is encumbered, shall dispose of thesame,although such encumbrance be not recorded.chanrobles virtual law library
3. The ownerof any personal property who shall wrongfully take it from its lawfulpossessor,to the prejudice of the latter or any third person.chanrobles virtual law library
4. Any personwho, to the prejudice of another, shall execute any fictitious contract.chanrobles virtual law library
5. Any personwho shall accept any compensation given him under the belief that itwasin payment of services rendered or labor performed by him, when in facthe did not actually perform such services or labor.chanrobles virtual law library
6. Any personwho, while being a surety in a bond given in a criminal or civilaction,without express authority from the court or before the cancellation ofhis bond or before being relieved from the obligation contracted byhim,shall sell, mortgage, or, in any other manner, encumber the realpropertyor properties with which he guaranteed the fulfillment of suchobligation.chanrobles virtual law library
Art. 317. Swindlinga minor. — Any person who taking advantage of the inexperience oremotionsor feelings of a minor, to his detriment, shall induce him to assumeanyobligation or to give any release or execute a transfer of any propertyright in consideration of some loan of money, credit or other personalproperty, whether the loan clearly appears in the document or is shownin any other form, shall suffer the penalty of arresto mayor and a fineof a sum ranging from 10 to 50 per cent of the value of the obligationcontracted by the minor.
Art. 318. Otherdeceits. — The penalty of arresto mayor and a fine of not less thanthe amount of the damage caused and not more than twice such amountshallbe imposed upon any person who shall defraud or damage another by anyotherdeceit not mentioned in the preceding articles of this chapter.chanrobles virtual law library
Any person who,for profit or gain, shall interpret dreams, make forecasts, tellfortunes,or take advantage of the credulity of the public in any other similarmanner,shall suffer the penalty of arresto mayor or a fine not exceeding 200pesos.chanrobles virtual law library
Art.319. Removal,sale or pledge of mortgaged property. — The penalty or arrestomayoror a fine amounting to twice the value of the property shall be imposedupon:
- 1. Any personwho shall knowingly remove any personal property mortgaged under theChattelMortgage Law to any province or city other than the one in which it waslocated at the time of the execution of the mortgage, without thewrittenconsent of the mortgagee, or his executors, administrators or assigns.chanrobles virtual law library
2. Any mortgagorwho shall sell or pledge personal property already pledged, or any partthereof, under the terms of the Chattel Mortgage Law, without theconsentof the mortgagee written on the back of the mortgage and noted on therecordhereof in the office of the Register of Deeds of the province wheresuchproperty is located.chanrobles virtual law library
Art.320. Destructive arson. — The penalty of reclusion temporal in itsmaximumperiod to reclusion perpetua shall be imposed upon any person who shallburn:
- 1. Any arsenal,shipyard, storehouse or military powder or fireworks factory,ordinance,storehouse, archives or general museum of the Government.chanrobles virtual law library
2. Any passengertrain or motor vehicle in motion or vessel out of port.chanrobles virtual law library
3. In an inhabitedplace, any storehouse or factory of inflammable or explosive materials.chanrobles virtual law library
Art. 321. Otherforms of arson. — When the arson consists in the burning of otherpropertyand under the circ*mstances given hereunder, the offender shall bepunishable:
- 1. By reclusiontemporal or reclusion perpetua:
- (a) if theoffender shall set fire to any building, farmhouse, warehouse, hut,shelter,or vessel in port, knowing it to be occupied at the time by one or morepersons;
(b) If the buildingburned is a public building and value of the damage caused exceeds6,000pesos;
(c) If the buildingburned is a public building and the purpose is to destroy evidence kepttherein to be used in instituting prosecution for the punishment ofviolatorsof the law, irrespective of the amount of the damage;chan robles virtual law library
(d) If the buildingburned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrativeproceedings,irrespective of the amount of the damage; Provided, however, That iftheevidence destroyed is to be used against the defendant for theprosecutionof any crime punishable under existing laws, the penalty shall bereclusionperpetua;
(e) If the arsonshall have been committed with the intention of collecting under aninsurancepolicy against loss or damage by fire.chanrobles virtual law library
- (a) If an inhabitedhouse or any other building in which people are accustomed to meet isseton fire, and the culprit did not know that such house or building wasoccupiedat the time, or if he shall set fire to a moving freight train or motorvehicle, and the value of the damage caused exceeds 6,000 pesos;
(b) If the valueof the damage caused in paragraph (b) of the preceding subdivision doesnot exceed 6,000 pesos;
(c) If a farm,sugar mill, cane mill, mill central, bamboo groves or any similarplantationis set on fire and the damage caused exceeds 6,000 pesos; and
(d) If grainfields, pasture lands, or forests, or plantings are set on fire, andthedamage caused exceeds 6,000 pesos.chanrobles virtual law library
- (a) If thevalue of the damage caused in the case mentioned in paragraphs (a),(c),and (d) in the next preceding subdivision does not exceed 6,000 pesos;
(b) If a buildingnot used as a dwelling or place of assembly, located in a populatedplace,is set on fire, and the damage caused exceeds 6,000 pesos;
- (a) If a buildingused as dwelling located in an uninhabited place is set on fire and thedamage caused exceeds 1,000 pesos;
(b) If the valueor the damage caused in the case mentioned in paragraphs (c) and (d) ofsubdivision 2 of this article does not exceed 200 pesos.chanrobles virtual law library
6. The penaltyof prision correccional in its medium and maximum periods, if thedamagecaused in the case mentioned in paragraph (b) of subdivision 3 of thisarticle does not exceed 6,000 pesos but is over 200 pesos.chanrobles virtual law library
7. The penaltyof prision correccional in its minimum and medium periods, if thedamagecaused in the case mentioned paragraph (b) subdivision 3 of thisarticledoes not exceed 200 pesos.chanrobles virtual law library
8. The penaltyof arresto mayor and a fine ranging from fifty to one hundred percentumif the damage caused shall be imposed, when the property burnedconsistsof grain fields, pasture lands, forests, or plantations when the valueof such property does not exceed 200 pesos. (Asamended byR.A. 5467, approved May 12, 1969).
Art. 322. Casesof arson not included in the preceding articles. — Cases of arson notincludedin the next preceding articles shall be punished:
- 1. By arrestomayor in its medium and maximum periods, when the damage caused doesnotexceed 50 pesos;
2. By arrestomayor in its maximum period to prision correccional in its minimumperiod,when the damage caused is over 50 pesos but does not exceed 200 pesos;
3. By prisioncorreccional in its minimum and medium periods, if the damage caused isover 200 pesos but does not exceed 1,000 pesos; and
4. By prisioncorreccional in its medium and maximum periods, if it is over 1,000pesos.chanrobles virtual law library
Art. 323. Arsonof property of small value. — The arson of any uninhabited hut,storehouse,barn, shed, or any other property the value of which does not exceed 25pesos, committed at a time or under circ*mstances which clearly excludeall danger of the fire spreading, shall not be punished by thepenaltiesrespectively prescribed in this chapter, but in accordance with thedamagecaused and under the provisions of the following chapter.
Art. 324. Crimesinvolving destruction. — Any person who shall cause destruction bymeans of explosion, discharge of electric current, inundation, sinkingor stranding of a vessel, intentional damaging of the engine of saidvessel,taking up the rails from a railway track, maliciously changing railwaysignals for the safety of moving trains, destroying telegraph wires andtelegraph posts, or those of any other system, and, in general, byusingany other agency or means of destruction as effective as those aboveenumerated,shall be punished by reclusion temporal if the commission hasendangeredthe safety of any person, otherwise, the penalty of prision mayor shallbe imposed.chanrobles virtual law library
Art. 325. Burningone's own property as means to commit arson. — Any person guilty ofarson or causing great destruction of the property belonging to anothershall suffer the penalties prescribed in this chapter, even though heshallhave set fire to or destroyed his own property for the purposes ofcommittingthe crime.chanrobles virtual law library
Art. 326. Settingfire to property exclusively owned by the offender. — If thepropertyburned shall be the exclusive property of the offender, he shall bepunishedby arresto mayor in its maximum period to prision correccional in itsminimumperiod, if the arson shall have been committed for the purpose ofdefraudingor causing damage to another, or prejudice shall actually have beencaused,or if the thing burned shall have been a building in an inhabited place.chanrobles virtual law library
Art. 326-A. In cases where death resulted as a consequence of arson. — Ifdeathresulted as a consequence of arson committed on any of the propertiesandunder any of the circ*mstances mentioned in the preceding articles, thecourt shall impose the death penalty.chanrobles virtual law library
Art. 326-B. Prima facie evidence of arson. — Any of the followingcirc*mstancesshall constitute prima facie evidence of arson:
- 1. If afterthe fire, are found materials or substances soaked in gasoline,kerosene,petroleum, or other inflammables, or any mechanical, electricalchemicalor traces or any of the foregoing.chanrobles virtual law library
2. That substantialamount of inflammable substance or materials were stored within thebuildingnot necessary in the course of the defendant's business; and
3. That thefire started simultaneously in more than one part of the building orlocaleunder circ*mstances that cannot normally be due to accidental orunintentionalcauses: Provided, however, That at least one of the following ispresentin any of the three above-mentioned circ*mstances:
- (a) That thetotal insurance carried on the building and/or goods is more than 80percent of the value of such building and/or goods at the time of the fire;
(b) That thedefendant after the fire has presented a fraudulent claim for loss.chanrobles virtual law library
The penalty ofprision correccional shall be imposed on one who plants the articlesabove-mentioned,in order to secure a conviction, or as a means of extortion orcoercion. (As amended by R.A. 5467, approved May 12, 1969).
Art.327. Whoare liable for malicious mischief. — Any person who shalldeliberatelycause the property of another any damage not falling within the termsofthe next preceding chapter shall be guilty of malicious mischief.
Art. 328. Specialcases of malicious mischief. — Any person who shall cause damage toobstruct the performance of public functions, or using any poisonous orcorrosive substance; or spreading any infection or contagion amongcattle;or who cause damage to the property of the National Museum or NationalLibrary, or to any archive or registry, waterworks, road, promenade, orany other thing used in common by the public, shall be punished:
- 1. By prisioncorreccional in its minimum and medium periods, if the value of thedamagecaused exceeds 1,000 pesos;
2. By arrestomayor, if such value does not exceed the abovementioned amount but itisover 200 pesos; and
3. By arrestomenor, in such value does not exceed 200 pesos.chanrobles virtual law library
Art. 329. Othermischiefs. — The mischiefs not included in the next precedingarticleshall be punished:
- 1. By arrestomayor in its medium and maximum periods, if the value of the damagecausedexceeds 1,000 pesos;
2. By arrestomayor in its minimum and medium periods, if such value is over 200pesosbut does not exceed 1,000 pesos; and
3. By arrestomenor or fine of not less than the value of the damage caused and notmorethan 200 pesos, if the amount involved does not exceed 200 pesos orcannotbe estimated.chanrobles virtual law library
Art. 330. Damageand obstruction to means of communication. — The penalty of prisioncorreccional in its medium and maximum periods shall be imposed uponanyperson who shall damage any railway, telegraph or telephone lines.
If the damageshall result in any derailment of cars, collision or other accident,thepenalty of prision mayor shall be imposed, without prejudice to thecriminalliability of the offender for the other consequences of his criminalact.chanrobles virtual law library
For the purposeof the provisions of the article, the electric wires, traction cables,signal system and other things pertaining to railways, shall be deemedto constitute an integral part of a railway system.chanrobles virtual law library
Art. 331. Destroyingor damaging statues, public monuments or paintings. — Any personwhoshall destroy or damage statues or any other useful or ornamentalpublicmonument shall suffer the penalty of arresto mayor in its medium periodto prision correccional in its minimum period.chanrobles virtual law library
Any person whoshall destroy or damage any useful or ornamental painting of a publicnatureshall suffer the penalty of arresto menor or a fine not exceeding 200pesos,or both such fine and imprisonment, in the discretion of the court.chanrobles virtual law library
Art.332. Personsexempt from criminal liability. — No criminal, but only civilliability,shall result from the commission of the crime of theft, swindling ormaliciousmischief committed or caused mutually by the following persons:
- 1. Spouses,ascendants and descendants, or relatives by affinity in the same line.chanrobles virtual law library
2. The widowedspouse with respect to the property which belonged to the deceasedspousebefore the same shall have passed into the possession of another; and
3. Brothersand sisters and brothers-in-law and sisters-in-law, if living together.chanrobles virtual law library
The exemption establishedby this article shall not be applicable to strangers participating inthecommission of the crime.
Art.333. Whoare guilty of adultery. — Adultery is committed by any marriedwomanwho shall have sexual intercourse with a man not her husband and by theman who has carnal knowledge of her knowing her to be married, even ifthe marriage be subsequently declared void.
Adultery shallbe punished by prision correccional in its medium and maximum periods.chanrobles virtual law library
If the personguilty of adultery committed this offense while being abandoned withoutjustification by the offended spouse, the penalty next lower in degreethan that provided in the next preceding paragraph shall be imposed.chanrobles virtual law library
Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling,orshall have sexual intercourse, under scandalous circ*mstances, with awomanwho is not his wife, or shall cohabit with her in any other place,shallbe punished by prision correccional in its minimum and medium periods.chanrobles virtual law library
The concubineshall suffer the penalty of destierro.chanrobles virtual law library
Art.335. Whenand how rape is committed. — Rape is committed by having carnalknowledgeof a woman under any of the following circ*mstances:
- 1. By usingforce or intimidation;
2. When thewoman is deprived of reason or otherwise unconscious; and
3. When thewoman is under twelve years of age, even though neither of thecirc*mstancesmentioned in the two next preceding paragraphs shall be present.chanrobles virtual law library
The crime of rapeshall be punished by reclusion perpetua.
Whenever thecrime of rape is committed with the use of a deadly weapon or by two ormore persons, the penalty shall be reclusion perpetua to death.chanrobles virtual law library
When by reasonor on the occasion of the rape, the victim has become insane, thepenaltyshall be death.chanrobles virtual law library
When rape isattempted or frustrated and a homicide is committed by reason or on theoccasion thereof, the penalty shall be likewise death.chanrobles virtual law library
When by reasonor on the occasion of the rape, a homicide is committed, the penaltyshallbe death. (As amended by R.A. 2632, approved June 18,1960,and R.A. 4111, approved June 20, 1964).
Art. 336. Actsof lasciviousness. — Any person who shall commit any act oflasciviousnessupon other persons of either sex, under any of the circ*mstancesmentionedin the preceding article, shall be punished by prision correccional.chanrobles virtual law library
Art.337. Qualifiedseduction. — The seduction of a virgin over twelve years and undereighteen years of age, committed by any person in public authority,priest,home-servant, domestic, guardian, teacher, or any person who, in anycapacity,shall be entrusted with the education or custody of the woman seduced,shall be punished by prision correccional in its minimum and mediumperiods.
The penaltynext higher in degree shall be imposed upon any person who shall seducehis sister or descendant, whether or not she be a virgin or overeighteenyears of age.chanrobles virtual law library
Under the provisionsof this Chapter, seduction is committed when the offender has carnalknowledgeof any of the persons and under the circ*mstances described herein.chanrobles virtual law library
Art. 338. Simpleseduction. — The seduction of a woman who is single or a widow ofgoodreputation, over twelve but under eighteen years of age, committed bymeansof deceit, shall be punished by arresto mayor.chanrobles virtual law library
Art. 339. Actsof lasciviousness with the consent of the offended party. — Thepenaltyof arresto mayor shall be imposed to punish any other acts oflasciviousnesscommitted by the same persons and the same circ*mstances as thoseprovidedin Articles 337 and 338.chanrobles virtual law librarychan robles virtual law library
Art. 340. Corruptionof minors. — Any person who shall promote or facilitate theprostitutionor corruption of persons underage to satisfy the lust of another, shallbe punished by prision mayor, and if the culprit is a pubic officer oremployee, including those in government-owned or controlledcorporations,he shall also suffer the penalty of temporary absolutedisqualification. (As amended by Batas Pambansa Blg. 92).
Art. 341. Whiteslave trade. — The penalty of prision mayor in its medium andmaximumperiod shall be imposed upon any person who, in any manner, or underanypretext, shall engage in the business or shall profit by prostitutionorshall enlist the services of any other for the purpose of prostitution(As amended by Batas Pambansa Blg. 186.)
Art.342. Forcibleabduction. — The abduction of any woman against her will and withlewddesigns shall be punished by reclusion temporal.
The same penaltyshall be imposed in every case, if the female abducted be under twelveyears of age.chanrobles virtual law library
Art. 343. Consentedabduction. — The abduction of a virgin over twelve years and undereighteen years of age, carried out with her consent and with lewddesigns,shall be punished by the penalty of prision correccional in its minimumand medium periods.chanrobles virtual law library
Art.344. Prosecutionof the crimes of adultery, concubinage, seduction, abduction, rape andacts of lasciviousness. — The crimes of adultery and concubinageshallnot be prosecuted except upon a complaint filed by the offended spouse.
The offendedparty cannot institute criminal prosecution without including both theguilty parties, if they are both alive, nor, in any case, if he shallhaveconsented or pardoned the offenders.chanrobles virtual law library
The offensesof seduction, abduction, rape or acts of lasciviousness, shall not beprosecutedexcept upon a complaint filed by the offended party or her parents,grandparents,or guardian, nor, in any case, if the offender has been expresslypardonedby the above named persons, as the case may be.chanrobles virtual law library
In cases ofseduction, abduction, acts of lasciviousness and rape, the marriage ofthe offender with the offended party shall extinguish the criminalactionor remit the penalty already imposed upon him. The provisions of thisparagraphshall also be applicable to the co-principals, accomplices andaccessoriesafter the fact of the above-mentioned crimes.chanrobles virtual law library
Art. 345. Civilliability of persons guilty of crimes against chastity. — Personguiltyof rape, seduction or abduction, shall also be sentenced:
- 1. To indemnifythe offended woman.chanrobles virtual law library
2. To acknowledgethe offspring, unless the law should prevent him from so doing.chanrobles virtual law library
3. In everycase to support the offspring.chanrobles virtual law library
The adulterer andthe concubine in the case provided for in Articles 333 and 334 may alsobe sentenced, in the same proceeding or in a separate civil proceeding,to indemnify for damages caused to the offended spouse.
Art. 346. Liabilityof ascendants, guardians, teachers, or other persons entrusted with thecustody of the offended party. — The ascendants, guardians,curators,teachers and any person who, by abuse of authority or confidentialrelationships,shall cooperate as accomplices in the perpetration of the crimesembracedin chapters, second, third and fourth, of this title, shall be punishedas principals.chanrobles virtual law librarychan robles virtual law library
Teachers orother persons in any other capacity entrusted with the education andguidanceof youth, shall also suffer the penalty of temporary specialdisqualificationin its maximum period to perpetual special disqualification.chanrobles virtual law library
Any person fallingwithin the terms of this article, and any other person guilty ofcorruptionof minors for the benefit of another, shall be punished by specialdisqualificationfrom filling the office of guardian.chanrobles virtual law library
Art. 347. Simulationof births, substitution of one child for another and concealment orabandonmentof a legitimate child. — The simulation of births and thesubstitutionof one child for another shall be punished by prision mayor and a fineof not exceeding 1,000 pesos.chanrobles virtual law library
The same penaltiesshall be imposed upon any person who shall conceal or abandon anylegitimatechild with intent to cause such child to lose its civil status.chanrobles virtual law library
Any physicianor surgeon or public officer who, in violation of the duties of hisprofessionor office, shall cooperate in the execution of any of the crimesmentionedin the two next preceding paragraphs, shall suffer the penaltiesthereinprescribed and also the penalty of temporary special disqualification.chanrobles virtual law library
Art. 348. Usurpationof civil status. — The penalty of prision mayor shall be imposeduponany person who shall usurp the civil status of another, should he do sofor the purpose of defrauding the offended part or his heirs;otherwise,the penalty of prision correccional in its medium and maximum periodsshallbe imposed.chanrobles virtual law library
Art.349. Bigamy. — The penalty of prision mayor shall be imposed upon any person whoshall contract a second or subsequent marriage before the formermarriagehas been legally dissolved, or before the absent spouse has beendeclaredpresumptively dead by means of a judgment rendered in the properproceedings.
Art. 350. Marriagecontracted against provisions of laws. — The penalty of prisioncorreccionalin its medium and maximum periods shall be imposed upon any person who,without being included in the provisions of the next proceedingarticle,shall have not been complied with or that the marriage is in disregardof a legal impediment.chanrobles virtual law library
If either ofthe contracting parties shall obtain the consent of the other by meansof violence, intimidation or fraud, he shall be punished by the maximumperiod of the penalty provided in the next preceding paragraph.chanrobles virtual law library
Art. 351. Prematuremarriages. — Any widow who shall marry within three hundred and oneday from the date of the death of her husband, or before havingdeliveredif she shall have been pregnant at the time of his death, shall bepunishedby arresto mayor and a fine not exceeding 500 pesos.chanrobles virtual law library
The same penaltiesshall be imposed upon any woman whose marriage shall have been annulledor dissolved, if she shall marry before her delivery or before theexpirationof the period of three hundred and one day after the legal separation.chanrobles virtual law library
Art. 352. Performanceof illegal marriage ceremony. — Priests or ministers of anyreligiousdenomination or sect, or civil authorities who shall perform orauthorizeany illegal marriage ceremony shall be punished in accordance with theprovisions of the Marriage Law.chanrobles virtual law library
Art.353. Definitionof libel. — A libel is public and malicious imputation of a crime,or of a vice or defect, real or imaginary, or any act, omission,condition,status, or circ*mstance tending to cause the dishonor, discredit, orcontemptof a natural or juridical person, or to blacken the memory of one whoisdead.
Art. 354. Requirementfor publicity. — Every defamatory imputation is presumed to bemalicious,even if it be true, if no good intention and justifiable motive formakingit is shown, except in the following cases:
- 1. A privatecommunication made by any person to another in the performance of anylegal,moral or social duty; and
2. A fair andtrue report, made in good faith, without any comments or remarks, ofanyjudicial, legislative or other official proceedings which are not ofconfidentialnature, or of any statement, report or speech delivered in saidproceedings,or of any other act performed by public officers in the exercise oftheirfunctions.chanrobles virtual law library
Art. 355. Libelmeans by writings or similar means. — A libel committed by meansofwriting, printing, lithography, engraving, radio, phonograph, painting,theatrical exhibition, cinematographic exhibition, or any similarmeans,shall be punished by prision correccional in its minimum and mediumperiodsor a fine ranging from 200 to 6,000 pesos, or both, in addition to thecivil action which may be brought by the offended party.
Art. 356. Threateningto publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine from 200 to 2,000 pesos, orboth,shall be imposed upon any person who threatens another to publish alibelconcerning him or the parents, spouse, child, or other members of thefamilyof the latter or upon anyone who shall offer to prevent the publicationof such libel for a compensation or money consideration.chanrobles virtual law library
Art. 357. Prohibitedpublication of acts referred to in the course of official proceedings. — The penalty of arresto mayor or a fine of from 20 to 2,000 pesos,or both, shall be imposed upon any reporter, editor or manager or anewspaper,daily or magazine, who shall publish facts connected with the privatelifeof another and offensive to the honor, virtue and reputation of saidperson,even though said publication be made in connection with or under thepretextthat it is necessary in the narration of any judicial or administrativeproceedings wherein such facts have been mentioned.chanrobles virtual law library
Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximumperiodto prision correccional in its minimum period if it is of a serious andinsulting nature; otherwise the penalty shall be arresto menor or afinenot exceeding 200 pesos.chanrobles virtual law library
Art. 359. Slanderby deed. — The penalty of arresto mayor in its maximum period toprisioncorreccional in its minimum period or a fine ranging from 200 to 1,000pesos shall be imposed upon any person who shall perform any act notincludedand punished in this title, which shall cast dishonor, discredit orcontemptupon another person. If said act is not of a serious nature, thepenaltyshall be arresto menor or a fine not exceeding 200 pesos.chanrobles virtual law library
Art.360. Personsresponsible. — Any person who shall publish, exhibit, or cause thepublication or exhibition of any defamation in writing or by similarmeans,shall be responsible for the same.
The author oreditor of a book or pamphlet, or the editor or business manager of adailynewspaper, magazine or serial publication, shall be responsible for thedefamations contained therein to the same extent as if he were theauthorthereof.chanrobles virtual law library
The criminaland civil action for damages in cases of written defamations asprovidedfor in this chapter, shall be filed simultaneously or separately withthecourt of first instance of the province or city where the libelousarticleis printed and first published or where any of the offended partiesactuallyresides at the time of the commission of the offense: Provided,however,That where one of the offended parties is a public officer whose officeis in the City of Manila at the time of the commission of the offense,the action shall be filed in the Court of First Instance of the City ofManila, or of the city or province where the libelous article isprintedand first published, and in case such public officer does not holdofficein the City of Manila, the action shall be filed in the Court of FirstInstance of the province or city where he held office at the time ofthecommission of the offense or where the libelous article is printed andfirst published and in case one of the offended parties is a privateindividual,the action shall be filed in the Court of First Instance of theprovinceor city where he actually resides at the time of the commission of theoffense or where the libelous matter is printed and first published: Provided,further, That the civil action shall be filed in the same courtwherethe criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action fordamagesis first filed, shall acquire jurisdiction to the exclusion of othercourts:And, provided, finally, That this amendment shall not apply to cases ofwritten defamations, the civil and/or criminal actions which have beenfiled in court at the time of the effectivity of this law.chanrobles virtual law library
Preliminaryinvestigation of criminal action for written defamations as providedforin the chapter shall be conducted by the provincial or city fiscal oftheprovince or city, or by the municipal court of the city or capital oftheprovince where such action may be instituted in accordance with theprovisionsof this article.chanrobles virtual law library
No criminalaction for defamation which consists in the imputation of a crime whichcannot be prosecuted de oficio shall be brought except at the instanceof and upon complaint expressly filed by the offended party. (Asamended by R.A. 1289, approved June 15, 1955, R.A.4363, approved June 19, 1965).
Art. 361. Proofof the truth. — In every criminal prosecution for libel, the truthmay be given in evidence to the court and if it appears that the mattercharged as libelous is true, and, moreover, that it was published withgood motives and for justifiable ends, the defendants shall beacquitted.chanrobles virtual law library
Proof of thetruth of an imputation of an act or omission not constituting a crimeshallnot be admitted, unless the imputation shall have been made againstGovernmentemployees with respect to facts related to the discharge of theirofficialduties.chanrobles virtual law library
In such casesif the defendant proves the truth of the imputation made by him, heshallbe acquitted.chanrobles virtual law library
Art. 362. Libelousremarks. — Libelous remarks or comments connected with the matterprivilegedunder the provisions of Article 354, if made with malice, shall notexemptthe author thereof nor the editor or managing editor of a newspaperfromcriminal liability.chanrobles virtual law library
Art.363. Incriminatinginnocent person. — Any person who, by any act not constitutingperjury,shall directly incriminate or impute to an innocent person thecommissionof a crime, shall be punished by arresto menor.
Art. 364. Intriguingagainst honor. — The penalty of arresto menor or fine notexceeding200 pesos shall be imposed for any intrigue which has for its principalpurpose to blemish the honor or reputation of a person.chanrobles virtual law library
Art.365. Imprudenceand negligence. — Any person who, by reckless imprudence, shallcommitany act which, had it been intentional, would constitute a gravefelony,shall suffer the penalty of arresto mayor in its maximum period toprisioncorreccional in its medium period; if it would have constituted a lessgrave felony, the penalty of arresto mayor in its minimum and mediumperiods shall be imposed; if it would have constituted a light felony, thepenaltyof arresto menor in its maximum period shall be imposed.
Any person who,by simple imprudence or negligence, shall commit an act which wouldotherwiseconstitute a grave felony, shall suffer the penalty of arresto mayor inits medium and maximum periods; if it would have constituted a lessseriousfelony, the penalty of arresto mayor in its minimum period shall beimposed.chanrobles virtual law library
When the executionof the act covered by this article shall have only resulted in damagetothe property of another, the offender shall be punished by a finerangingfrom an amount equal to the value of said damages to three times suchvalue,but which shall in no case be less than twenty-five pesos.chanrobles virtual law library
A fine not exceedingtwo hundred pesos and censure shall be imposed upon any person who, bysimple imprudence or negligence, shall cause some wrong which, if donemaliciously, would have constituted a light felony.chanrobles virtual law library
In the impositionof these penalties, the court shall exercise their sound discretion,withoutregard to the rules prescribed in Article sixty-four.chanrobles virtual law library
The provisionscontained in this article shall not be applicable:
- 1. When thepenalty provided for the offense is equal to or lower than thoseprovidedin the first two paragraphs of this article, in which case the courtshallimpose the penalty next lower in degree than that which should beimposedin the period which they may deem proper to apply.chanrobles virtual law library
2. When, byimprudence or negligence and with violation of the Automobile Law, todeathof a person shall be caused, in which case the defendant shall bepunishedby prision correccional in its medium and maximum periods.chanrobles virtual law library
Reckless imprudenceconsists in voluntary, but without malice, doing or falling to do anactfrom which material damage results by reason of inexcusable lack ofprecautionon the part of the person performing of failing to perform such act,takinginto consideration his employment or occupation, degree ofintelligence,physical condition and other circ*mstances regarding persons, time andplace.
Simple imprudenceconsists in the lack of precaution displayed in those cases in whichthedamage impending to be caused is not immediate nor the danger clearlymanifest.chanrobles virtual law library
The penaltynext higher in degree to those provided for in this article shall beimposedupon the offender who fails to lend on the spot to the injured partiessuch help as may be in this hand to give.(As amendedbyR.A. 1790, approved June 21, 1957).
Art.366. Applicationof laws enacted prior to this Code. — Without prejudice to theprovisionscontained in Article 22 of this Code, felonies and misdemeanors,committedprior to the date of effectiveness of this Code shall be punished inaccordancewith the Code or Acts in force at the time of their commission.
Art. 367. RepealingClause. — Except as is provided in the next preceding article, thepresent Penal Code, the Provisional Law for the application of itsprovisions,and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559,1692,1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364,2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397,3559, and 3586, are hereby repealed.chanrobles virtual law library
The provisionsof the Acts which are mentioned hereunder are also repealed, namely:
- Act 666, Sections6 and 18.chanrobles virtual law library
Act 1508, Sections9, 10, 11, and 12.chanrobles virtual law library
Act 1524, Sections1, 2, and 6.chanrobles virtual law library
Act 1697, Sections3 and 4.chanrobles virtual law library
Act 1757, Sections1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.chanrobles virtual law library
Act 2381, Sections2, 3, 4, 6, 8, and 9.chanrobles virtual law library
Act 2711, Sections102, 2670, 2671, and 2672.chan robles virtual law library
Act 3247, Sections1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.chanrobles virtual law library
And all laws andparts of laws which are contrary to the provisions of this Code areherebyrepealed.
Approved:December 8, 1930
Titleof actsrepealed by the Revised Penal Code are:
- 1.Act No.277. Law on Libel and threats to publish libel, etc., now provided forin Arts. 353, 362.
2.Act No. 292,amended by Act No. 1692. Law defining and penalizing the crimes oftreason,insurrection, sedition, etc., now provided for in Arts. 114-116 andArts134-142.chanrobles virtual law library
3.Act No. 480.Law governing co*ckfighting and co*ckpits, now governed by Art. 199 andspeciallaws.chanrobles virtual law library
4.Act No. 518,amended by Act Nos. 1121 and 2036. Law defining and penalizing highwayrobbery or brigandage, now covered by Arts. 306-307.chanrobles virtual law library
5.Act No. 519.Law on vagrancy now penalized by Art. 202.chanrobles virtual law library
6.Act No. 666,Secs. and 6 and 18. Law on trade-marks and trade-names now provided forin Arts. 188-189.chanrobles virtual law library
7.Act No. 899,Law regarding suspension on sentence, etc., upon U.S. citizens.chanrobles virtual law library
8.Act No. 1438,amended by Act Nos. 3203, 3309, and 3559, provisions governing juvenileoffenders and delinquent children, their care and custody, now governedby Art. 80.chanrobles virtual law library
9.Act No. 1508,Secs. 9, 10, 11, and 12. The Chattel Mortgage Law, now penalized inArt.319.chanrobles virtual law library
10.Act No.1523. Law prohibiting importation, sale etc., of lottery tickets andlottery,now penalized in Arts. 195-196.chanrobles virtual law library
11.Act No.1524. Sec. 4. Law governing discretion of Governor-General in grantingconditional pardons, now covered by Art. 159.chanrobles virtual law library
12.Act No.15533, Secs. 1, 2, and 6 amended by Act No. 1559. Law providing fordiminutionof sentences by reason of good conduct and diligence, now governed byArt.97.chanrobles virtual law librarychan robles virtual law library
13.Act No.1697, Secs. 3 and 4. Act for the punishment of perjury in officialinvestigations,now provided for in Arts. 180-183.chanrobles virtual law library
14.Act No.1754. Law on counterfeiting and forgery, now defined and penalized inArts.160-169.chanrobles virtual law library
15.Act No.1775. Act penalizing crimes against legislative bodies, now providedforin Arts. 143-145.chanrobles virtual law library
16.Act No.1757. Secs. 1, 2, 3, 4, 5, 6, 7, (first clause), 11 and 12 amended byActNo. 3242. Act prohibiting gambling, now provided for in Arts. 195-199.chanrobles virtual law library
17.Act No.1173. Law on the crime of adulterio, estupro, rapto, violacion,calumnia,injuria, etc., now governed by Arts. 333-346.chanrobles virtual law library
18.Act Nos.2071 and 2300. Act governing slavery, involuntary servitude, peonage,andthe sale or purchase of human beings, now penalized in Arts. 272-274.chanrobles virtual law library
19.Act No.2212. Act providing for the confiscation and disposition of money,articles,instruments, appliances and devices in gambling, now provided for inArt.45.chanrobles virtual law library
20.Act No.293. Act penalizing willful destruction, injury, or taking or carryingaway any property of the Philippine Library, now provided for in Art.311.chanrobles virtual law library
21.Act No.2364. Act penalizing infidelity in the custody of prisoners detainedforor a convicted of a crime, now governed by Arts. 223-225.chanrobles virtual law library
22.Act No.2381. Secs. 2, 3, 4, 5, 6, 8, and 9. Act restricting the use of opium,etc., now provided for in Arts. 190-194.chanrobles virtual law library
23.Act No.2549. Act prohibiting the forcing, compelling, or obliging of anylaboreror other employee to purchase merchandise, commodities, or personalpropertyunder certain conditions, and the payment of wages of a laborer oremployeeby means of tokens or objects other than legal tender currency, nowpenalizedby Art. 288, and also governed by Com. Act No. 303 and the Minimum WageLaw, Rep. Act No. 602, as amended by Rep. Act. No. 812.chanrobles virtual law librarychan robles virtual law library
24.Act No.2557. Act providing for the allowance to persons convicted ofpreventiveimprisonment, etc., now embodied in Art. 29.chanrobles virtual law library
25.Act No.2595. Law fixing prescription of the crime of libel and of a civilactionarising therefrom, now provided in Art. 90.chanrobles virtual law library
26.Act No.2711, Secs. 102, 2670, 2671, and 2672. Act amending the RevisedAdministrativeCode.chanrobles virtual law library
27.Act No.3104 amending Acts 2726. Law governing manner in which the deathpenaltyshall be executed, now embodied in Arts. 18-85.chanrobles virtual law library
28.Act No.3586 and 3397. Law governing habitual delinquency, now provided in Art.62, par. 5.chanrobles virtual law library
29.GeneralOrders No. 58, series of 1900, Sec. 106. Code of Criminal Procedure.chanrobles virtual law library
30.Other lawsrepealed by the Revised Penal Code are Acts Nos. 2030, 2142, 2298,2712,3195, 3244, 3298, and 3313, which are merely amendatory laws on the oldPenal Code.chan robles virtual law library
WHEREAS,Philippine Gambling Laws particularly Articles 195-199, the RevisedPenalCode, Republic Act No. 3063 (Horse Racing Bookies), Presidential DecreeNo. 499 (co*ckfighting), Presidential Decree No. 483, (Game Fixing),PresidentialDecree No., 519 (Slot Machines) and Presidential Decree No. 1036(Jai-alaiBookies) and other City and Municipal Ordinances gambling all over thecountry have become ineffective and easily circumvented in view of theconfusing and inappropriate system of penalties imposed on violationsthereof.
WHEREAS,there is an urgent need to update these gambling laws for simplicityandclearer understanding and to standardize and provide stiffer penaltiesfor their violations to make them more effective and responsive to thepresent norms of conduct and behavior of the people.
NOW,THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, byvirtueof the powers vested in me by the Constitution and in order to effectthedesired and necessary changes and reforms in the social and economicstructureof our society, do hereby order and declare to be part of the laws oftheland, the following:chanroblesvirtuallawlibrary
Sec.1. Violations and Penalties. — The penalty of prision mayor in itsmediumdegree or a fine ranging from Five Hundred Pesos to Two Thousand Pesosand in case of recidivism the penalty of prision correccional in itsmediumdegree or a fine of ranging from One Thousand Pesos to Six ThousandPesosshall be imposed upon:chanroblesvirtuallawlibrary
(a)Any person other than those referred to in the succeeding subsectionwhoin any manner, shall directly or indirectly take part in any game ofco*ckfighting,jueteng, bookies (jai- alai or horse racing to include game fixing) andother lotteries, cara y cruz or pompiang and the like, black jack,luckynine, "pusoy" or Russian Poker, monte, baccarat and other card games,palkque, domino, mahjong, high and low, slot machines, roullette, pinballandother mechanical inventories or devices, dog racing, boat racing, carraisingand other races, basketball, volleyball, boxing, seven-eleven dicegamesand the like and other contests to include game fixing, point shavingandother machinations banking or percentage game, or any other game orscheme,whether upon chance or skill, which do not have a franchise from thenationalgovernment, wherein wagers consisting of money, articles of value ofrepresentativeof value are made;
(b)Any person who shall knowingly permit any form of gambling referred toin the preceding subdivision to be carried on in inhabited oruninhabitedplaces or any building, vessel or other means of transportation ownedorcontrolled by him. If the place where gambling is carried on has areputationof a gambling place or that prohibited gambling is frequently carriedontherein or the place is a public or government building or barangayhall,the culprit shall be punished by the penalty provided for in itsmaximumperiod and a fine of Six Thousand Pesos.
Thepenalty of prision correccional in its maximum degree and a fine of SixThousand Pesos shall be imposed upon the maintainer, conductor of theabovegambling schemes.
Thepenalty of prision mayor in its medium degree and temporary absolutedisqualificationand a fine of Six Thousand Pesos shall be imposed if the maintainer,conductoror banker is a government official, or if a player, promoter, referee,umpire, judge or coach in cases of game-fixing, point-shaving and othergame machination.
Thepenalty of prision correccional in its medium degree and a fine rangingfrom Five Hundred pesos to Two Thousand Pesos shall be imposed upon anyperson who shall knowingly and without lawful purpose in any hour ofanyday shall have in his possession any lottery list, paper, or othermattercontaining letter, figures, signs or symbols which pertain to or in anymanner used in the game of jueteng, jai-alai or horse racing bookiesandsimilar game or lottery which has taken place or about to take place.
Sec.2. Barangay Official. — Any barangay official in whose jurisdictionsuchgambling house is found and which house has the reputation of agamblingplace shall suffer the penalty of prision correccional in its mediumperiodand a fine ranging from Five Hundred to Two Thousand Pesos andtemporaryabsolute disqualifications.
Sec.3. Informer's Reward. — Any person who shall give the information thatwill lead to the arrest and final conviction of the offender shall berewardedan amount equivalent to Twenty Per Centum (20%) of the cash moneyconfiscatedform the offender.
Sec.4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199of the Revised Penal Code, as amended, Republic Act No. 3063,PresidentialDecree Nos. 483, 499, 510, 1306, Letter of Instructions, laws,executiveorders, rules and regulations, City and Municipal Ordinances which areinconsistent with this Decree are hereby repealed or accordinglymodified.
Sec.5. Effectivity. — This Decree shall take effect immediately uponpublicationthereof by the Minister of the Ministry of Public Information at leastonce in a newspaper of general circulation.
DONEin the City of Manila, this 11th day of June in the year of Our Lord,nineteenhundred and seventy-eight.
WHEREAS,findings of the police and intelligence agencies of the governmentrevealthat fires and other crimes involving destruction in Metro Manila andotherurban centers in the country are being perpetuated by criminalsyndicates,some of which have foreign connections;
WHEREAS,the current law on arson suffer from certain inadequacies that impedethesuccessful enforcement and prosecution of arsonists;
WHEREAS,it is imperative that the high incidence of fires and other crimesinvolvingdestruction be prevented to protect the national economy and preservethesocial economic and political stability of the country;
NOW,THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, byvirtueof the powers vested in me by the Constitution do hereby order anddecreeas part of the law of the land, the following:chanroblesvirtuallawlibrary
Sec.1. Arson. — Any person who burns or sets fire to the property ofanothershall be punished by Prision mayor.
Thesame penalty shall be imposed when a person sets fire to his ownpropertyunder circ*mstances which expose to danger the life or property ofanother.
Sec.2. Destructive Arson. — The penalty of Reclusion temporal in itsmaximumperiod to Reclusion perpetua shall be imposed if the property burned isany of the following:chanroblesvirtuallawlibrary
1.Any ammunition factory and other establishment where explosives,inflammableor combustible materials are stored.
2.Any archive, museum, whether public or private or any edifice devotedtoculture, education or social services.
3.Any church or place or worship or other building where people usuallyassemble.
4.Any train, airplane or any aircraft, vessel or watercraft, orconveyancefor transportation of persons or property.
5.Any building where evidence is kept for use in any legislative,judicial,administrative or other official proceedings.
6.Any hospital, hotel, dormitory, lodging house, housing tenement,shoppingcenter, public or private market, theater or movie house or any similar place or building.
7.Any building, whether used as dwelling or not, situated in a populatedor congested area.
Sec.3. Other Cases of Arson. — The penalty of Reclusion temporal toReclusionperpetua shall be imposed if the property burned is any of thefollowing:chanroblesvirtuallawlibrary
1.Any building used as offices of the government or any of its agencies;
2.Any uninhabited house or dwelling;
3.Any industrial establishment, shipyard, oil well or mine shaft,platformor tunnel;
4.Any plantation, farm, pastureland, growing crop, grain filed, orchard,bamboo grove or forest;
5.Any rice mill, cane mill or mill central; and
6.Any railway or bus station, airport, wharf or warehouse.
Sec.4. Special Aggravating Circ*mstances in Arson. — The penalty in anycaseof arson shall be imposed in its maximum period:chanroblesvirtuallawlibrary
1.If committed with intent to gain;
2.If committed for the benefit of another;
3.If the offender is motivated by spite or hatred towards the owner oroccupantof the property burned;
4.If committed by a syndicate.
Theoffense is committed by a syndicate if it is planned or carried out bya group of three (3) or more persons.
Sec.5. Where Death Results From Arson. — If by reason of or on the occasionof arson death results, the penalty of Reclusion perpetua to deathshallbe imposed.
Sec.6. Prima Facie Evidence of Arson. — Any of the following circ*mstancesshall constitute prima facie evidence of arson:chanroblesvirtuallawlibrary
1.If the fire started simultaneously in more than one part of thebuildingor establishment.
2.If substantial amount of flammable substances or materials are storedwithinthe building not necessary in the business of the offender nor forhouseholduse.
3.Gasoline, kerosene, petroleum or other flammable or combustiblesubstancesor materials soaked therewith or containers, thereof, or anymechanical,electrical, chemical, or electronic contrivance designed to start afire,or ashes or traces of any of the foregoing are found in the ruins orpremisesof the burned building or property.
4.If the building or property is insured for substantially more than itsactual value at the time of the issuance of the policy.
5.If during the lifetime of the corresponding fire insurance policy morethan two fires have occurred in the same or other premises owned orunderthe control of the offender and/or insured.
6.If shortly before the fire a substantial portion of the effects insuredand stored in building or property had been withdrawn from the premisesexcept in the ordinary course of business.
7.If a demand for money or other valuable consideration was made beforethefire in exchange for the desistance of the offender or for the safetyofother person or property of the victim.
Sec.7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall bepunishedby prision mayor in its minimum period.
Sec.8. Confiscation of Object of Arson. — The building which is the objectof arson including the land on which it is situated shall beconfiscatedand escheated to the State, unless the owner thereof can prove that hehas no participation in nor knowledge of such arson despite theexerciseof due diligence on his part.
Sec.9. Repealing Clause. — The provisions of Articles 320 to 326-B of theRevisedPenal Code and all laws, executive orders, rules and regulations, orpartsthereof, inconsistent with the provisions of this Decree are herebyrepealedor amended accordingly.
Sec.10. Effectivity. — This Decree shall take effect immediately uponpublicationthereof at least once in a newspaper of general circulation.
Donein the City of Manila this 7th day of March nineteen hundred andseventynine.
WHEREAS,there have been rampant and wanton burnings of residential houses,publicbuildings, markets, hotels and other commercial establishments;
WHEREAS,to effectively discourage and deter the commission of arson, and topreventdestruction of properties and protect the lives of innocent people, itis necessary that the capital punishment be imposed upon arsonists;
NOW,THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines byvirtueof the power vested in me by the Constitution, do hereby order anddecreethat Article 320, Revised Penal Code be amended:chanroblesvirtuallawlibrary
Sec.1. Article 320 of the Revised Penal Code shall read as follows:chanroblesvirtuallawlibrary
"Art.320. Destructive Arson. — The penalty of reclusion temporal in itsmaximumperiod to death shall be imposed upon any person who shall burn:chanroblesvirtuallawlibrary
1.One (1) or more buildings or edifices, consequent to one single act ofburning or as a result of simultaneous burnings, or committed onseveralor different occasions;
2.Any building of public or private ownership, devoted to the public ingeneralor where people usually gather or congregate for a definite purposesuchas but not limited to official governmental function or business,privatetransaction, commerce, trade workshop, meetings and conferences, ormerelyincidental to a definite purpose such as but not limited to hotels,motels,transient dwellings, public conveyance or stops or terminals,regardlessof whether the offender had knowledge that there are persons in saidbuildingor edifice at the time it is set on fire and regardless also of whetherthe building is actually inhabited or not.
3.Any train or locomotive, ship or vessel, airship or airplane, devotedtotransportation or conveyance, or for public use, entertainment orleisure.
4.Any building, factory, warehouse installation and any appurtenancesthereto,which are devoted to the service of public utilities.
5.Any building the burning of which is for the purpose of concealing ordestroyingevidence of another violation of law, or for the purpose of concealingbankruptcy or defrauding creditors or to collect from insurance.
Irrespectiveof the application of the above enumerated qualifying circ*mstances,thepenalty of death shall likewise be imposed when the arson isperpetratedor committed by two (2) or more persons or by a group of persons,regardlessof whether their purpose is merely to burn or destroy the building ortheburning merely constitutes an overt act in the commission or anotherviolationof law.
Thepenalty of reclusion temporal in its maximum period to death shall alsobe imposed upon any person who shall burn:chanroblesvirtuallawlibrary
1.Any arsenal, shipyard, storehouse or military powder or fireworksfactory,ordinance, storehouse, archives or general museum of the government.
2.In an inhabited place, any storehouse or factory of inflammable orexplosivematerials.
Ifas a consequence of his commission of any of the acts penalized underthisArticle, death or injury results, or any valuable documents, equipment,machineries, apparatus, or other valuable properties were burned ordestroyed,the mandatory penalty of death shall be imposed."
Sec.2. Provisions of Articles 320, 321 and 322 of the Revised Penal Codewhichare or may be inconsistent herewith are hereby repealed.
Sec.3. Effectivity. — This Decree shall take effect immediately.
Donein the City of Manila, this 11th day of November, in the year of OurLord,nineteen hundred and eighty.
Sec.2. If any section or sections of this Act shall be declaredunconstitutionalor invalid it shall not invalidate the other sections hereof.
Sec.3. This Act shall take effect only if and when, within thirty days fromits approval, the newspapermen in the Philippines shall organize, andelectthe members of, a Philippine Press Council, a private agency of thesaidnewspapermen, whose function shall be to promulgate a Code of Ethicsforthem and the Philippines press, investigate violations thereof, andcensureany newspaperman or newspaper guilty of any violation of the said Code,and the fact that such Philippine Press council has been organized andits members have been duly elected in accordance herewith shall beascertainedand proclaimed by the President of the Philippines.
