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This web page contains the full text of

Act No. 3815December 8, 1930

The Revised Penal Code of the Philippines
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AN ACT REVISING THE PENAL CODE AND OTHERPENAL LAWS

Revised Penal Code of the

Philippines

Book OneArticles 1- 113

Book TwoArticles 114-367

Appendices

THE ANTI-BOUNCINGCHECK LAW

Batas Pambansa Bilang

22

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ACT NO. 3815AN ACT REVISING THE PENAL CODE ANDOTHER PENAL LAWS

(December 8, 1930)

Preliminary Article This law shall beknown as "The Revised Penal Code."

BOOK ONEGENERAL PROVISIONS REGARDING THE

DATE OFENFORCEMENT AND APPLICATION OF THE

PROVISIONSOF THIS CODE, AND REGARDING THE

OFFENSES, THE
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PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS AND APPLICATION

OF THEPROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. This Code shall take effect on the first dayof January, nineteen hundred and thirty-two.

Art. 2. Application of its provisions. Except as provided in the treaties and lawsof preferential application, the provisions ofthis Code shall be enforced not only withinthe Philippine Archipelago, including its

atmosphere, its interior waters andmaritime zone, but also outside of itsjurisdiction, against those who:

1. Should commit an offense while ona Philippine ship or airship

2. Should forge or counterfeit any coinor currency note of the PhilippineIslands or obligations and securitiesissued by the Government of thePhilippine Islands;chan robles virtual law library

3. Should be liable for acts connectedwith the introduction into theseislands of the obligations andsecurities mentioned in the presidingnumber;

4. While being public officers oremployees, should commit an offensein the exercise of their functions; or

5. Should commit any of the crimesagainst national security and the law

of nations, defined in Title One of BookTwo of this Code.

Title One

FELONIES AND CIRCUMSTANCESWHICHAFFECT CRIMINAL LIABILITY


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Chapter OneFELONIES

Art. 3. Definitions. Acts and omissionspunishable by law are felonies (delitos).

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

There is deceit when the act is performedwith deliberate intent and there is faultwhen the wrongful act results fromimprudence, negligence, lack of foresight,or lack of skill.

Art. 4. Criminal liability. Criminal liabilityshall be incurred:

1. By any person committing a felony(delito) although the wrongful actdone be different from that which heintended.

2. By any person performing an actwhich would be an offense againstpersons or property, were it not forthe inherent impossibility of itsaccomplishment or an account of theemployment of inadequate or

ineffectual means.Art. 5. Duty of the court in connection withacts which should be repressed but whichare not covered by the law, and in cases ofexcessivepenalties. Whenever a courthas knowledge of any act which it maydeem proper to repress and which is notpunishable by law, it shall render theproper decision, and shall report to theChief Executive, through the Department ofJustice, the reasons which induce the court

to believe that said act should be made thesubject of legislation.

In the same way, the court shall submit tothe Chief Executive, through theDepartment of Justice, such statement asmay be deemed proper, without suspendingthe execution of the sentence, when a strict


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enforcement of the provisions of this Codewould result in the imposition of a clearlyexcessive penalty, taking into considerationthe degree of malice and the injury caused

by the offense.Art. 6. Consummated, frustrated, andattempted felonies. Consummatedfelonies as well as those which arefrustrated and attempted, are punishable.

A felony is consummated when all theelements necessary for its execution andaccomplishment are present; and it isfrustrated when the offender performs allthe acts of execution which would produce

the felony as a consequence but which,nevertheless, do not produce it by reason ofcauses independent of the will of theperpetrator.

There is an attempt when the offendercommences the commission of a felonydirectly or over acts, and does not performall the acts of execution which shouldproduce the felony by reason of some causeor accident other than this ownspontaneous desistance.

Art. 7. When light felonies are punishable. Light felonies are punishable only whenthey have been consummated, with theexception of those committed againstperson or property.chan robles virtual law library

Art. 8. Conspiracy and proposal to commitfelony. Conspiracy and proposal tocommit felony are punishable only in thecases in which the law specially provides apenalty therefor.

A conspiracy exists when two or morepersons come to an agreement concerningthe commission of a felony and decide tocommit it.

There is proposal when the person who hasdecided to commit a felony proposes itsexecution to some other person or persons.


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Art. 9. Grave felonies, less grave feloniesand light felonies. Grave felonies arethose to which the law attaches the capitalpunishment or penalties which in any oftheir periods are afflictive, in accordancewith Art. 25 of this Code.

Less grave felonies are those which the lawpunishes with penalties which in theirmaximum period are correctional, inaccordance with the above-mentioned Art..

Light felonies are those infractions of lawfor the commission of which a penalty ofarrest menor or a fine not exceeding 200pesos or both; is provided.

Art. 10. Offenses not subject to theprovisions of this Code. Offenses whichare or in the future may be punishableunder special laws are not subject to theprovisions of this Code. This Code shall besupplementary to such laws, unless thelatter should specially provide the contrary.

Chapter TwoJUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCESWHICH EXEMPT FROM

CRIMINAL LIABILITY

Art. 11. Justifying circumstances. Thefollowing do not incur any criminal liability:

1. Anyone who acts in defense of hisperson or rights, provided that thefollowing circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of

the means employed to preventor repel it.

Third. Lack of sufficientprovocation on the part of theperson defending himself.

2. Any one who acts in defense of theperson or rights of his spouse,


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ascendants, descendants, orlegitimate, natural or adoptedbrothers or sisters, or his relatives byaffinity in the same degrees and thoseconsanguinity within the fourth civil

degree, provided that the first andsecond requisites prescribed in thenext preceding circumstance arepresent, and the further requisite, incase the revocation was given by theperson attacked, that the one makingdefense had no part therein.

3. Anyone who acts in defense of theperson or rights of a stranger,provided that the first and secondrequisites mentioned in the firstcircumstance of this Art. are presentand that the person defending be notinduced by revenge, resentment, orother evil motive.

4. Any person who, in order to avoidan evil or injury, does not act whichcauses damage to another, providedthat the following requisites arepresent;

First. That the evil sought to beavoided actually exists;

Second. That the injury feared begreater than that done to avoidit;

Third. That there be no otherpractical and less harmful meansof preventing it.

5. Any person who acts in thefulfillment of a duty or in the lawfulexercise of a right or office.

6. Any person who acts in obedience toan order issued by a superior for somelawful purpose.

Art. 12. Circumstances which exempt fromcriminal liability. the following areexempt from criminal liability:


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1. An imbecile or an insane person,unless the latter has acted during alucid interval.

When the imbecile or an insane person

has committed an act which the lawdefines as a felony (delito), the courtshall order his confinement in one ofthe hospitals or asylums establishedfor persons thus afflicted, which heshall not be permitted to leave withoutfirst obtaining the permission of thesame court.

2. A person under nine years of age.

3. A person over nine years of age andunder fifteen, unless he has acted withdiscernment, in which case, suchminor shall be proceeded against inaccordance with the provisions of Art.80 of this Code.

When such minor is adjudged to becriminally irresponsible, the court, inconformably with the provisions of thisand the preceding paragraph, shallcommit him to the care and custody ofhis family who shall be charged with

his surveillance and educationotherwise, he shall be committed tothe care of some institution or personmentioned in saidArt. 80.

4. Any person who, while performing alawful act with due care, causes aninjury by mere accident without faultor intention ofcausing it.

5. Any person who act under thecompulsion of irresistible force.

6. Any person who acts under theimpulse of an uncontrollable fear of anequal or greater injury.

7. Any person who fails to perform anact required by law, when preventedby some lawful insuperable cause.

Chapter Three


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CIRCUMSTANCES WHICH MITIGATECRIMINAL LIABILITY

Art. 13. Mitigating circumstances. Thefollowing are mitigating circumstances;

1. Those mentioned in the precedingchapter, when all the requisitesnecessary to justify or to exempt fromcriminal liability in the respectivecases are not attendant.

2. That the offender is under eighteenyear of age or over seventy years. Inthe case of the minor, he shall beproceeded against in accordance withthe provisions of Art. 80.

3. That the offender had no intentionto commit so grave a wrong as thatcommitted.

4. That sufficient provocation or threaton the part of the offended partyimmediately preceded the act.

5. That the act was committed in theimmediate vindication of a graveoffense to the one committing thefelony (delito), his spouse,ascendants, or relatives by affinitywithin the same degrees.

6. That of having acted upon animpulse so powerful as naturally tohave produced passion or obfuscation.

7. That the offender had voluntarilysurrendered himself to a person inauthority or his agents, or that he hadvoluntarily confessed his guilt beforethe court prior to the presentation ofthe evidence for the prosecution;

8. That the offender is deaf and dumb,blind or otherwise suffering somephysical defect which thus restricts hismeans of action, defense, orcommunications with his fellowbeings.

9. Such illness of the offender as


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would diminish the exercise of the will-power of the offender without howeverdepriving him of the consciousness ofhis acts.chan robles virtual law library

10. And, finally, any othercircumstances of a similar nature andanalogous to those above mentioned.

Chapter FourCIRCUMSTANCE WHICH AGGRAVATE

CRIMINAL LIABILITY

Art. 14. Aggravating circumstances. Thefollowing are aggravating circumstances:

1. That advantage be taken by theoffender of his public position.

2. That the crime be committed incontempt or with insult to the publicauthorities.

3. That the act be committed withinsult or in disregard of the respectdue the offended party on account ofhis rank, age, or sex, or that is becommitted in the dwelling of theoffended party, if the latter has notgiven provocation.

4. That the act be committed withabuse of confidence or obviousungratefulness.

5. That the crime be committed in thepalace of the Chief Executive or in hispresence, or where public authoritiesare engaged in the discharge of theirduties, or in a place dedicated toreligious worship.

6. That the crime be committed in the

night time, or in an uninhabited place,or by a band, whenever suchcircumstances may facilitate thecommission of the offense.

Whenever more than three armedmalefactors shall have acted togetherin the commission of an offense, itshall be deemed to have been


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committed by a band.

7. That the crime be committed on theoccasion of a conflagration, shipwreck,earthquake, epidemic or other

calamity or misfortune.8. That the crime be committed withthe aid of armed men or persons whoinsure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time ofhis trial for one crime, shall have beenpreviously convicted by final judgmentof another crime embraced in thesame title of this Code.

10. That the offender has beenpreviously punished by an offense towhich the law attaches an equal orgreater penalty or for two or morecrimes to which it attaches a lighterpenalty.

11. That the crime be committed inconsideration of a price, reward, orpromise.

12. That the crime be committed by

means of inundation, fire, poison,explosion, stranding of a vessel orinternational damage thereto,derailment of a locomotive, or by theuse of any other artifice involvinggreat waste and ruin.

13. That the act be committed withevidence premeditation.

14. That the craft, fraud or disguise beemployed.

15. That advantage be taken ofsuperior strength, or means beemployed to weaken the defense.

16. That the act be committed withtreachery (alevosia).

There is treachery when the offendercommits any of the crimes against the


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person, employing means, methods, orforms in the execution thereof whichtend directly and specially to insure itsexecution, without risk to himselfarising from the defense which theoffended party might make.

17. That means be employed orcircumstances brought about whichadd ignominy to the natural effects ofthe act.

18. That the crime be committed afteran unlawful entry.

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

20. That the crime be committed withthe aid of persons under fifteen yearsof age or by means of motor vehicles,motorized watercraft, airships, orother similar means. (As amended by RA5438).

21. That the wrong done in thecommission of the crime bedeliberately augmented by causingother wrong not necessary for its

commissions.

Chapter FiveALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. Alternativecircumstances are those which must betaken into consideration as aggravating ormitigating according to the nature andeffects of the crime and the otherconditions attending its commission. They

are the relationship, intoxication and thedegree of instruction and education of theoffender.

The alternative circumstance of relationshipshall be taken into consideration when theoffended party in the spouse, ascendant,descendant, legitimate, natural, or adoptedbrother or sister, or relative by affinity in


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the same degrees of the offender.

The intoxication of the offender shall betaken into consideration as a mitigatingcircumstances when the offender hascommitted a felony in a state of intoxication, if the same is not habitual orsubsequent to the plan to commit saidfelony but when the intoxication is habitualor intentional, it shall be considered as anaggravating circumstance.

Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. Thefollowing are criminally liable for grave andless grave felonies:

1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for lightfelonies:

1. Principals

2. Accomplices.

Art. 17. Principals. The following areconsidered principals:

1. Those who take a direct part in theexecution of the act;

2. Those who directly force or induceothers to commit it;

3. Those who cooperate in thecommission of the offense by anotheract without which it would not havebeen accomplished.

Art. 18. Accomplices. Accomplices arethose persons who, not being included inArt. 17, cooperate in the execution of theoffense by previous or simultaneous acts.

Art. 19. Accessories. Accessories arethose who, having knowledge of thecommission of the crime, and without


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having participated therein, either asprincipals or accomplices, take partsubsequent to its commission in any of thefollowing manners:chan robles virtual law library

1. By profiting themselves or assistingthe offender to profit by the effects ofthe crime.

2. By concealing or destroying thebody of the crime, or the effects orinstruments thereof, in order toprevent its discovery.

3. By harboring, concealing, orassisting in the escape of theprincipals of the crime, provided the

accessory acts with abuse of his publicfunctions or whenever the author ofthe crime is guilty of treason,parricide, murder, or an attempt totake the life of the Chief Executive, oris known to be habitually guilty ofsome other crime.

Art. 20. Accessories who are exempt fromcriminal liability. The penalties prescribedfor accessories shall not be imposed uponthose who are such with respect to their

spouses, ascendants, descendants,legitimate, natural, and adopted brothersand sisters, or relatives by affinity withinthe same degrees, with the single exceptionof accessories falling within the provisionsof paragraph 1 of the next precedingarticle.

Title Three

P E N A L T I E S

Chapter OnePENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. No felony shall be punishable by anypenalty not prescribed by law prior to itscommission.


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Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effectinsofar as they favor the persons guilty of afelony, who is not a habitual criminal, asthis term is defined in Rule 5 of Article 62 of

this Code, although at the time of thepublication of such laws a final sentencehas been pronounced and the convict isserving the same.

Art. 23. Effect of pardon by the offendedparty. A pardon of the offended partydoes not extinguish criminal action exceptas provided in Article 344 of this Code; butcivil liability with regard to the interest ofthe injured party is extinguished by his

express waiver.Art. 24. Measures of prevention or safetywhich are nor considered penalties. Thefollowing shall not be considered aspenalties:

1. The arrest and temporary detentionof accused persons, as well as theirdetention by reason of insanity orimbecility, or illness requiring theirconfinement in a hospital.

2. The commitment of a minor to anyof the institutions mentioned in Article80 and for the purposes specifiedtherein.

3. Suspension from the employment ofpublic office during the trial or in orderto institute proceedings.

4. Fines and other corrective measureswhich, in the exercise of theiradministrative disciplinary powers,

superior officials may impose upontheir subordinates.

5. Deprivation of rights and thereparations which the civil laws mayestablish in penal form.

Chapter TwoCLASSIFICATION OF PENALTIES


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Art. 25. Penalties which may be imposed. The penalties which may be imposedaccording to this Code, and their differentclasses, are those included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,Reclusion temporal,Perpetual or temporary absolutedisqualification,Perpetual or temporary special disqualification,

Prision mayor.Correctional penalties:

Prision correccional,Arresto mayor,Suspension,Destierro.

Light penalties:

Arresto menor,Public censure.

Penalties common to the three preceding classes:

Fine, andBond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,Perpetual or temporary special disqualification,Suspension from public office, the right to vote and bevoted for, the profession or calling.Civil interdiction,Indemnification,Forfeiture or confiscation of instruments and proceeds

of the offense,Payment of costs.

Art. 26. When afflictive, correctional, orlight penalty. A fine, whether imposed asa single of as an alternative penalty, shallbe considered an afflictive penalty, if itexceeds 6,000 pesos; a correctionalpenalty, if it does not exceed 6,000 pesos


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but is not less than 200 pesos; and a lightpenalty if it less than 200 pesos.

Chapter Three

DURATION AND EFFECTS OF PENALTIES

Section One. Duration of Penalties

Art. 27. Reclusion perpetua. Any personsentenced to any of the perpetual penaltiesshall be pardoned after undergoing thepenalty for thirty years, unless such personby reason of his conduct or some otherserious cause shall be considered by theChief Executive as unworthy of pardon.

Reclusion temporal. The penalty ofreclusion temporal shall be from twelveyears and one day to twenty years.

Prision mayor and temporary disqualification. The duration of thepenalties of prision mayor and temporarydisqualification shall be from six years andone day to twelve years, except when thepenalty of disqualification is imposed as anaccessory penalty, in which case itsduration shall be that of the principalpenalty.

Prision correccional, suspension, anddestierro. The duration of the penalties ofprision correccional, suspension anddestierro shall be from six months and oneday to six years, except when suspension isimposed as an accessory penalty, in whichcase, its duration shall be that of theprincipal penalty.

Arresto mayor. The duration of the

penalty of arresto mayor shall be from onemonth and one day to six months.

Arresto menor. The duration of thepenalty of arresto menor shall be from oneday to thirty days.

Bond to keep the peace. The bond tokeep the peace shall be required to cover


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such period of time as the court maydetermine.

Art. 28. Computation of penalties. If theoffender shall be in prison, the term of the

duration of the temporary penalties shall becomputed from the day on which the judgment of conviction shall have becomefinal.

If the offender be not in prison, the term ofthe duration of the penalty consisting ofdeprivation of liberty shall be computedfrom the day that the offender is placed atthe disposal of the judicial authorities forthe enforcement of the penalty. Theduration of the other penalties shall be

computed only from the day on which thedefendant commences to serve hissentence.

Art. 29. Period of preventive imprisonmentdeducted from term of imprisonment. Offenders who have undergone preventiveimprisonment shall be credited in theservice of their sentence consisting ofdeprivation of liberty, with the full timeduring which they have undergone

preventive imprisonment, if the detentionprisoner agrees voluntarily in writing toabide by the same disciplinary rulesimposed upon convicted prisoners, exceptin the following cases:

1. When they are recidivists or havebeen convicted previously twice ormore times of any crime; and

2. When upon being summoned for theexecution of their sentence they have

failed to surrender voluntarily.If the detention prisoner does not agree toabide by the same disciplinary rulesimposed upon convicted prisoners, he shallbe credited in the service of his sentencewith four-fifths of the time during which hehas undergone preventive imprisonment.(As amended by Republic Act 6127, June 17, 1970).


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Whenever an accused has undergonepreventive imprisonment for a period equalto or more than the possible maximumimprisonment of the offense charged towhich he may be sentenced and his case is

not yet terminated, he shall be releasedimmediately without prejudice to thecontinuation of the trial thereof or theproceeding on appeal, if the same is underreview. In case the maximum penalty towhich the accused may be sentenced isdestierro, he shall be released after thirty(30) days of preventive imprisonment. (Asamended by E.O. No. 214, July 10, 1988).

Section Two. Effects of the penaltiesaccording totheir respective nature

Art. 30. Effects of the penalties of perpetualor temporary absolute disqualification. The penalties of perpetual or temporaryabsolute disqualification for public officeshall produce the following effects:

1. The deprivation of the public officesand employments which the offendermay have held even if conferred by

popular election.2. The deprivation of the right to votein any election for any popular officeor to be elected to such office.

3. The disqualification for the officesor public employments and for theexercise of any of the rightsmentioned.

In case of temporary disqualification,such disqualification as is comprised inparagraphs 2 and 3 of this article shalllast during the term of the sentence.

4. The loss of all rights to retirementpay or other pension for any officeformerly held.

Art. 31. Effect of the penalties of perpetualor temporary special disqualification. The


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penalties of perpetual or temporal specialdisqualification for public office, professionor calling shall produce the followingeffects:

1. The deprivation of the office,

employment, profession or callingaffected;

2. The disqualification for holdingsimilar offices or employments eitherperpetually or during the term of thesentence according to the extent ofsuch disqualification.

Art. 32. Effect of the penalties of perpetualor temporary special disqualification for theexercise of the right of suffrage. The

perpetual or temporary specialdisqualification for the exercise of the rightof suffrage shall deprive the offenderperpetually or during the term of thesentence, according to the nature of saidpenalty, of the right to vote in any popularelection for any public office or to beelected to such office. Moreover, theoffender shall not be permitted to hold anypublic office during the period of hisdisqualification.

Art. 33. Effects of the penalties ofsuspension from any public office, profession or calling, or the right ofsuffrage. The suspension from publicoffice, profession or calling, and theexercise of the right of suffrage shalldisqualify the offender from holding suchoffice or exercising such profession orcalling or right of suffrage during the termof the sentence.

The person suspended from holding publicoffice shall not hold another having similarfunctions during the period of hissuspension.

Art. 34. Civil interdiction. Civilinterdiction shall deprive the offenderduring the time of his sentence of the rightsof parental authority, or guardianship,


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either as to the person or property of anyward, of marital authority, of the right tomanage his property and of the right todispose of such property by any act or anyconveyance inter vivos.

Art. 35. Effects of bond to keep the peace. It shall be the duty of any personsentenced to give bond to keep the peace,to present two sufficient sureties who shallundertake that such person will not committhe offense sought to be prevented, andthat in case such offense be committed theywill pay the amount determined by thecourt in the judgment, or otherwise todeposit such amount in the office of the

clerk of the court to guarantee saidundertaking.

The court shall determine, according to itsdiscretion, the period of duration of thebond.

Should the person sentenced fail to give thebond as required he shall be detained for aperiod which shall in no case exceed sixmonths, is he shall have been prosecutedfor a grave or less grave felony, and shall

not exceed thirty days, if for a light felony.Art. 36. Pardon; its effect. A pardon shallnot work the restoration of the right to holdpublic office, or the right of suffrage, unlesssuch rights be expressly restored by theterms of the pardon.

A pardon shall in no case exempt the culpritfrom the payment of the civil indemnityimposed upon him by the sentence.

Art. 37. Cost; What are included. Costs

shall include fees and indemnities in thecourse of the judicial proceedings, whetherthey be fixed or unalterable amountspreviously determined by law or regulationsin force, or amounts not subject toschedule.

Art. 38. Pecuniary liabilities; Order ofpayment. In case the property of the


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offender should not be sufficient for thepayment of all his pecuniary liabilities, thesame shall be met in the following order:

1. The reparation of the damage

caused.2. Indemnification of consequentialdamages.

3. The fine.

4. The cost of the proceedings.

Art. 39. Subsidiary penalty. If the convicthas no property with which to meet the finementioned in the paragraph 3 of the nestpreceding article, he shall be subject to asubsidiary personal liability at the rate ofone day for each eight pesos, subject to thefollowing rules:

1. If the principal penalty imposed beprision correccional or arresto andfine, he shall remain underconfinement until his fine referred toin the preceding paragraph issatisfied, but his subsidiaryimprisonment shall not exceed one-third of the term of the sentence, and

in no case shall it continue for morethan one year, and no fraction or partof a day shall be counted against theprisoner.

2. When the principal penalty imposedbe only a fine, the subsidiaryimprisonment shall not exceed sixmonths, if the culprit shall have beenprosecuted for a grave or less gravefelony, and shall not exceed fifteendays, if for a light felony.

3. When the principal imposed ishigher than prision correccional, nosubsidiary imprisonment shall beimposed upon the culprit.

4. If the principal penalty imposed isnot to be executed by confinement in apenal institution, but such penalty is


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of fixed duration, the convict, duringthe period of time established in thepreceding rules, shall continue tosuffer the same deprivations as thoseof which the principal penaltyconsists.chan robles virtual law library

5. The subsidiary personal liabilitywhich the convict may have sufferedby reason of his insolvency shall notrelieve him, from the fine in case hisfinancial circumstances shouldimprove. (As amended by RA 5465, April 21,1969).

Section Three. Penalties in which otheraccessorypenalties

are inherent

Art. 40. Death; Its accessory penalties. The death penalty, when it is not executedby reason of commutation or pardon shallcarry with it that of perpetual absolutedisqualification and that of civil interdictionduring thirty years following the datesentence, unless such accessory penaltieshave been expressly remitted in the pardon.

Art. 41. Reclusion perpetua and reclusiontemporal; Their accessory penalties. Thepenalties of reclusion perpetua andreclusion temporal shall carry with themthat of civil interdiction for life or duringthe period of the sentence as the case maybe, and that of perpetual absolutedisqualification which the offender shallsuffer even though pardoned as to theprincipal penalty, unless the same shallhave been expressly remitted in the pardon.

Art. 42. Prision mayor; Its accessorypenalties. The penalty of prision mayor,shall carry with it that of temporaryabsolute disqualification and that ofperpetual special disqualification from theright of suffrage which the offender shallsuffer although pardoned as to the principalpenalty, unless the same shall have been


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expressly remitted in the pardon.

Art. 43. Prision correccional; Its accessorypenalties. The penalty of prisioncorreccional shall carry with it that of

suspension from public office, from theright to follow a profession or calling, andthat of perpetual special disqualificationfrom the right of suffrage, if the duration ofsaid imprisonment shall exceed eighteenmonths. The offender shall suffer thedisqualification provided in the articlealthough pardoned as to the principalpenalty, unless the same shall have beenexpressly remitted in the pardon.

Art. 44. Arresto; Its accessory penalties.

The penalty of arresto shall carry with itthat of suspension of the right too holdoffice and the right of suffrage during theterm of the sentence.

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. Every penalty imposed for the commissionof a felony shall carry with it the forfeitureof the proceeds of the crime and theinstruments or tools with which it wascommitted.

Such proceeds and instruments or toolsshall be confiscated and forfeited in favor ofthe Government, unless they be property ofa third person not liable for the offense, butthose articles which are not subject oflawful commerce shall be destroyed.

Chapter FourAPPLICATION OF PENALTIES

Section One. Rules for the application ofpenalties

to the personscriminally liable and for thegraduation of the same.

Art. 46. Penalty to be imposed upon principals in general. The penaltyprescribed by law for the commission of a


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felony shall be imposed upon the principalsin the commission of such felony.

Whenever the law prescribes a penalty for afelony is general terms, it shall beunderstood as applicable to the

consummated felony.

Art. 47. In what cases the death penaltyshall not be imposed. The death penaltyshall be imposed in all cases in which itmust be imposed under existing laws,except in the following cases:

1. When the guilty person be morethan seventy years of age.

2. When upon appeal or revision of thecase by the Supreme court, all themembers thereof are not unanimous intheir voting as to the propriety of theimposition of the death penalty. Forthe imposition of said penalty or forthe confirmation of a judgment of theinferior court imposing the deathsentence, the Supreme Court shallrender its decision per curiam, whichshall be signed by all justices of saidcourt, unless some member ormembers thereof shall have beendisqualified from taking part in theconsideration of the case, in whicheven the unanimous vote andsignature of only the remainingjustices shall be required.

Art. 48. Penalty for complex crimes. When a single act constitutes two or moregrave or less grave felonies, or when anoffense is a necessary means forcommitting the other, the penalty for the

most serious crime shall be imposed, thesame to be applied in its maximum period.

Art. 49. Penalty to be imposed upon the principals when the crime committed isdifferent from that intended. In cases inwhich the felony committed is differentfrom that which the offender intended tocommit, the following rules shall be


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observed:

1. If the penalty prescribed for thefelony committed be higher than thatcorresponding to the offense which

the accused intended to commit, thepenalty corresponding to the lattershall be imposed in its maximumperiod.

2. If the penalty prescribed for thefelony committed be lower than thatcorresponding to the one which theaccused intended to commit, thepenalty for the former shall beimposed in its maximum period.

3. The rule established by the nextpreceding paragraph shall not beapplicable if the acts committed by theguilty person shall also constitute anattempt or frustration of anothercrime, if the law prescribes a higherpenalty for either of the latteroffenses, in which case the penaltyprovided for the attempted or thefrustrated crime shall be imposed inits maximum period.

Art. 50. Penalty to be imposed upon principals of a frustrated crime. Thepenalty next lower in degree than thatprescribed by law for the consummatedfelony shall be imposed upon the principalin a frustrated felony.

Art. 51. Penalty to be imposed uponprincipals of attempted crimes. A penaltylower by two degrees than that prescribedby law for the consummated felony shall be

imposed upon the principals in an attemptto commit a felony.

Art. 52. Penalty to be imposed uponaccomplices in consummated crime. Thepenalty next lower in degree than thatprescribed by law for the consummatedshall be imposed upon the accomplices inthe commission of a consummated felony.


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Art. 53. Penalty to be imposed uponaccessories to the commission of aconsummated felony. The penalty lowerby two degrees than that prescribed by law

for the consummated felony shall beimposed upon the accessories to thecommission of a consummated felony.

Art. 54. Penalty to imposed uponaccomplices in a frustrated crime. Thepenalty next lower in degree thanprescribed by law for the frustrated felonyshall be imposed upon the accomplices inthe commission of a frustrated felony.

Art. 55. Penalty to be imposed uponaccessories of a frustrated crime. Thepenalty lower by two degrees than thatprescribed by law for the frustrated felonyshall be imposed upon the accessories tothe commission of a frustrated felony.

Art. 56. Penalty to be imposed uponaccomplices in an attempted crime. Thepenalty next lower in degree than thatprescribed by law for an attempt to commita felony shall be imposed upon theaccomplices in an attempt to commit the

felony.Art. 57. Penalty to be imposed uponaccessories of an attempted crime. Thepenalty lower by two degrees than thatprescribed by law for the attempted felonyshall be imposed upon the accessories tothe attempt to commit a felony.

Art. 58. Additional penalty to be imposedupon certain accessories. Thoseaccessories falling within the terms of

paragraphs 3 of Article 19 of this Code whoshould act with abuse of their publicfunctions, shall suffer the additional penaltyof absolute perpetual disqualification if theprincipal offender shall be guilty of a gravefelony, and that of absolute temporarydisqualification if he shall be guilty of a lessgrave felony.


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Art. 59. Penalty to be imposed in case offailure to commit the crime because themeans employed or the aims sought areimpossible. When the person intending tocommit an offense has already performedthe acts for the execution of the same butnevertheless the crime was not produced byreason of the fact that the act intended wasby its nature one of impossibleaccomplishment or because the meansemployed by such person are essentiallyinadequate to produce the result desired byhim, the court, having in mind the socialdanger and the degree of criminality shownby the offender, shall impose upon him thepenalty of arresto mayor or a fine from 200to 500 pesos.

Art. 60. Exception to the rules establishedin Articles 50 to 57. The provisionscontained in Articles 50 to 57, inclusive, ofthis Code shall not be applicable to cases inwhich the law expressly prescribes thepenalty provided for a frustrated orattempted felony, or to be imposed uponaccomplices or accessories.

Art. 61. Rules for graduating penalties.

For the purpose of graduating the penaltieswhich, according to the provisions ofArticles 50 to 57, inclusive, of this Code, areto be imposed upon persons guilty asprincipals of any frustrated or attemptedfelony, or as accomplices or accessories,the following rules shall be observed:

1. When the penalty prescribed for thefelony is single and indivisible, thepenalty next lower in degrees shall be

that immediately following thatindivisible penalty in the respectivegraduated scale prescribed in Article71 of this Code.

2. When the penalty prescribed for thecrime is composed of two indivisiblepenalties, or of one or more divisiblepenalties to be impose to their full


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extent, the penalty next lower indegree shall be that immediatelyfollowing the lesser of the penaltiesprescribed in the respective graduatedscale.

3. When the penalty prescribed for thecrime is composed of one or twoindivisible penalties and the maximumperiod of another divisible penalty, thepenalty next lower in degree shall becomposed of the medium andminimum periods of the properdivisible penalty and the maximumperiods of the proper divisible penaltyand the maximum period of that

immediately following in saidrespective graduated scale.

4. when the penalty prescribed for thecrime is composed of several periods,corresponding to different divisiblepenalties, the penalty next lower indegree shall be composed of theperiod immediately following theminimum prescribed and of the twonext following, which shall be takenfrom the penalty prescribed, if

possible; otherwise from the penaltyimmediately following in the abovementioned respective graduated scale.

5. When the law prescribes a penaltyfor a crime in some manner notespecially provided for in the fourpreceding rules, the courts,proceeding by analogy, shall imposecorresponding penalties upon thoseguilty as principals of the frustratedfelony, or of attempt to commit thesame, and upon accomplices andaccessories.

TABULATION OF THE PROVISIONS OF THECHAPTER

Penalt Penalty Penalty Penalty Penalty


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yPrescribe for

thecrime

to beimposedupon the

principalin a

frustratedcrime,and

accomplice in a

consummated

crime

to beimposedupon the

principalin an

attemptedcrime,the

accessoryin the

consummated

crimeand the

accomplices in a

frustrated

crime.

to beimposedupon theaccessor

y in a

frustrated crime,and the

accomplices in anattempted crime

to beimposedupon theaccessory in an

attempted crime

FirstCase

Death ReclusionPerpetua

ReclusionTemporal

PrisionMayor

PrisionCorreccional

SecondCase

ReclusionPerpetua toDeath

ReclusionTemporal

PrisionMayor

PrisionCorreccional

ArrestoMayor

ThirdCase

ReclusionTemporalinitsmaximumperiodtodeath

PrisionMayorinitsmaximum periodtoreclusiontemporalin itsmediumperiod

Prisioncorreccionalin itsmaximum periodtoprisionmayorinitsmediumperiod

ArrestoMayorinit smaximum periodtoprisioncorreccionalinitsmediumperiod

Fine andArrestoMayorinitsminimum andmediumperiods

FourthCase

PrisionMayorin itsmaximumperiod

Prisioncorreccionalin itsmaximum periodtoprision

Arrestomayorinitsmaximum periodtoprision

Fine andArrestoMayorinitsminimum andmedium

Fine.


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toreclusiontemporal in

itsmediumperiod.

mayorinitsmediumperiod.

correccionalin itsmediumperiod.

periods

Section Two. Rules for theapplication of penalties with regard to

the mitigating and aggravatingcircumstances, and habitual

delinquency.

Art. 62. Effect of the attendance ofmitigating or aggravating circumstancesand of habitual delinquency. Mitigating oraggravating circumstances and habitualdelinquency shall be taken into account forthe purpose of diminishing or increasing thepenalty in conformity with the followingrules:

1. Aggravating circumstances which in

themselves constitute a crimespecially punishable by law or whichare included by the law in defining acrime and prescribing the penaltytherefor shall not be taken intoaccount for the purpose of increasingthe penalty.

2. The same rule shall apply withrespect to any aggravatingcircumstance inherent in the crime tosuch a degree that it must of necessityaccompany the commission thereof.

3. Aggravating or mitigatingcircumstances which arise from themoral attributes of the offender, orfrom his private relations with theoffended party, or from any otherpersonal cause, shall only serve to


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aggravate or mitigate the liability ofthe principals, accomplices andaccessories as to whom suchcircumstances are attendant.

4. The circumstances which consist inthe material execution of the act, or inthe means employed to accomplish it,shall serve to aggravate or mitigatethe liability of those persons only whohad knowledge of them at the time ofthe execution of the act or theircooperation therein.

5. Habitual delinquency shall have thefollowing effects:

(a) Upon a third conviction theculprit shall be sentenced to thepenalty provided by law for thelast crime of which he be foundguilty and to the additionalpenalty of prision correccional inits medium and maximumperiods;

(b) Upon a fourth conviction, theculprit shall be sentenced to the

penalty provided for the lastcrime of which he be found guiltyand to the additional penalty ofprision mayor in its minimum andmedium periods; and

(c) Upon a fifth or additionalconviction, the culprit shall besentenced to the penaltyprovided for the last crime ofwhich he be found guilty and tothe additional penalty of prisionmayor in its maximum period toreclusion temporal in itsminimum period.

Notwithstanding the provisions of thisarticle, the total of the two penalties to beimposed upon the offender, in conformityherewith, shall in no case exceed 30 years.


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For the purpose of this article, a personshall be deemed to be habitual delinquent,is within a period of ten years from the dateof his release or last conviction of thecrimes of serious or less serious physical

injuries, robo, hurto, estafa or falsification,he is found guilty of any of said crimes athird time or oftener.

Art. 63. Rules for the application ofindivisible penalties. In all cases in whichthe law prescribes a single indivisiblepenalty, it shall be applied by the courtsregardless of any mitigating or aggravatingcircumstances that may have attended thecommission of the deed.

In all cases in which the law prescribes apenalty composed of two indivisiblepenalties, the following rules shall beobserved in the application thereof:

1. When in the commission of the deedthere is present only one aggravatingcircumstance, the greater penaltyshall be applied.

2. When there are neither mitigatingnor aggravating circumstances and

there is no aggravating circumstance,the lesser penalty shall be applied.

3. When the commission of the act isattended by some mitigatingcircumstances and there is noaggravating circumstance, the lesserpenalty shall be applied.

4. When both mitigating andaggravating circumstances attendedthe commission of the act, the court

shall reasonably allow them to offsetone another in consideration of theirnumber and importance, for thepurpose of applying the penalty inaccordance with the preceding rules,according to the result of suchcompensation.

Art. 64. Rules for the application of


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penalties which contain three periods. Incases in which the penalties prescribed bylaw contain three periods, whether it be asingle divisible penalty or composed ofthree different penalties, each one of which

forms a period in accordance with theprovisions of Articles 76 and 77, the courtshall observe for the application of thepenalty the following rules, according towhether there are or are not mitigating oraggravating circumstances:

1. When there are neither aggravatingnor mitigating circumstances, theyshall impose the penalty prescribed bylaw in its medium period.

2. When only a mitigatingcircumstances is present in thecommission of the act, they shallimpose the penalty in its minimumperiod.

3. When an aggravating circumstanceis present in the commission of theact, they shall impose the penalty inits maximum period.

4. When both mitigating andaggravating circumstances are

present, the court shall reasonablyoffset those of one class against theother according to their relativeweight.

5. When there are two or moremitigating circumstances and noaggravating circumstances arepresent, the court shall impose thepenalty next lower to that prescribedby law, in the period that it may deem

applicable, according to the numberand nature of such circumstances.

6. Whatever may be the number andnature of the aggravatingcircumstances, the courts shall notimpose a greater penalty than thatprescribed by law, in its maximumperiod.


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7. Within the limits of each period, thecourt shall determine the extent of thepenalty according to the number andnature of the aggravating andmitigating circumstances and thegreater and lesser extent of the evilproduced by the crime.

Art. 65. Rule in cases in which the penalty isnot composed of three periods. In casesin which the penalty prescribed by law isnot composed of three periods, the courtsshall apply the rules contained in theforegoing articles, dividing into three equalportions of time included in the penaltyprescribed, and forming one period of each

of the three portions.Art. 66. Imposition of fines. In imposingfines the courts may fix any amount withinthe limits established by law; in fixing theamount in each case attention shall begiven, not only to the mitigating andaggravating circumstances, but moreparticularly to the wealth or means of theculprit.

Art. 67. Penalty to be imposed when not all

the requisites of exemption of the fourthcircumstance of Article 12 are present.When all the conditions required incircumstances Number 4 of Article 12 of thisCode to exempt from criminal liability arenot present, the penalty of arresto mayor inits maximum period to prision correccionalin its minimum period shall be imposedupon the culprit if he shall have been guiltyof a grave felony, and arresto mayor in itsminimum and medium periods, if of a less

grave felony.chan robles virtual law libraryArt. 68. Penalty to be imposed upon a person under eighteen years of age. When the offender is a minor undereighteen years and his case is one comingunder the provisions of the paragraphs nextto the last of Article 80 of this Code, thefollowing rules shall be observed:


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1. Upon a person under fifteen butover nine years of age, who is notexempted from liability by reason ofthe court having declared that heacted with discernment, a

discretionary penalty shall beimposed, but always lower by twodegrees at least than that prescribedby law for the crime which hecommitted.

2. Upon a person over fifteen andunder eighteen years of age thepenalty next lower than thatprescribed by law shall be imposed,but always in the proper period.

Art. 69. Penalty to be imposed when thecrime committed is not wholly excusable. A penalty lower by one or two degrees thanthat prescribed by law shall be imposed ifthe deed is not wholly excusable by reasonof the lack of some of the conditionsrequired to justify the same or to exemptfrom criminal liability in the several casesmentioned in Article 11 and 12, providedthat the majority of such conditions bepresent. The courts shall impose the

penalty in the period which may be deemedproper, in view of the number and nature ofthe conditions of exemption present orlacking.

Art. 70. Successive service of sentence. When the culprit has to serve two or morepenalties, he shall serve themsimultaneously if the nature of thepenalties will so permit otherwise, thefollowing rules shall be observed:

In the imposition of the penalties, the orderof their respective severity shall befollowed so that they may be executedsuccessively or as nearly as may bepossible, should a pardon have beengranted as to the penalty or penalties firstimposed, or should they have been servedout.


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For the purpose of applying the provisionsof the next preceding paragraph therespective severity of the penalties shall bedetermined in accordance with thefollowing scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,chan robles virtual lawlibrary

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, theright to vote and be voted for, theright to follow a profession or calling,and

12. Public censure.

Notwithstanding the provisions of the rule

next preceding, the maximum duration ofthe convict's sentence shall not be morethan three-fold the length of timecorresponding to the most severe of thepenalties imposed upon him. No otherpenalty to which he may be liable shall beinflicted after the sum total of thoseimposed equals the same maximum period.

Such maximum period shall in no caseexceed forty years.

In applying the provisions of this rule theduration of perpetual penalties (penaperpetua) shall be computed at thirty years.(As amended).

Art. 71. Graduated scales. In the case inwhich the law prescribed a penalty lower orhigher by one or more degrees than anothergiven penalty, the rules prescribed in


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Article 61 shall be observed in graduatingsuch penalty.

The lower or higher penalty shall be takenfrom the graduated scale in which is

comprised the given penalty.The courts, in applying such lower or higherpenalty, shall observe the followinggraduated scales:

SCALE NO. 11. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.

SCALE NO. 21. Perpetual absolute

disqualification, 2. Temporal absolutedisqualification

3. Suspension from public office,the right to vote and be

voted for, the right to follow aprofession or calling,

4. Public censure,

5. Fine.

Art. 72. Preference in the payment of thecivil liabilities. The civil liabilities of aperson found guilty of two or more offensesshall be satisfied by following thechronological order of the dates of thejudgments rendered against him, beginningwith the first in order of time.


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Section Three. Provisions common in thelast twopreceding sections

Art. 73. Presumption in regard to theimposition of accessory penalties.

Whenever the courts shall impose a penaltywhich, by provision of law, carries with itother penalties, according to the provisionsof Articles 40, 41, 42, 43 and 44 of thisCode, it must be understood that theaccessory penalties are also imposed uponthe convict.

Art. 74. Penalty higher than reclusion perpetua in certain cases. In cases inwhich the law prescribes a penalty higherthan another given penalty, without

specially designating the name of theformer, if such higher penalty should bethat of death, the same penalty and theaccessory penalties of Article 40, shall beconsidered as the next higher penalty.

Art. 75. Increasing or reducing the penaltyof fine by one or more degrees. Whenever it may be necessary to increaseor reduce the penalty of fine by one or moredegrees, it shall be increased or reduced,

respectively, for each degree, by one-fourthof the maximum amount prescribed by law,without however, changing the minimum.

The same rules shall be observed withregard of fines that do not consist of a fixedamount, but are made proportional.

Art. 76. Legal period of duration of divisiblepenalties. The legal period of duration ofdivisible penalties shall be considered asdivided into three parts, forming three

periods, the minimum, the medium, and themaximum in the manner shown in thefollowing table:

TABLE SHOWING THE DURATION OF DIVISIBLEPENALTIES AND THE TIME INCLUDED IN EACH OF

THEIR PERIODS


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Penalties Timeincluded

in thepenalty

in its

entirety

Timeincluded

in itsminimu

m period

Timeincluded

in itsmediumperiod

Timeincluded

in itsmaximu

m

Reclusiontemporal

From 12years and1 day to20 years.

From 12years and1 day to14 yearsand 8months.

From 14years, 8monthsand 1 dayto 17years and4 months.

From 17years, 4monthsand 1 dayto 20years.

Prisionmayor,absolute

disqualification andspecialtemporarydisqualification

From 6years and1 day to

12 years.

From 6years and1 day to 8

years.


10 years.


12 years.

Prisioncorreccional,suspensionand

destierro

From 6monthsand 1 dayto 6years.

From 6monthsand 1 dayto 2 yearsand 4

months.

From 2years, 4monthsand 1 dayto 4 years

and 2months.

From 4years, 2monthsand 1 dayto 6

years.

Arrestomayor

From 1monthand 1 daytomonths.

From 1 to2 months.

From 2monthsand 1 dayto 4months.

From 4monthsand 1 dayto 6months.

Arrestomenor

From 1 to30 days.

From 1 to10 days.

From 11to 20days.

From 21to 30days.

Art. 77. When the penalty is a complex onecomposed of three distinct penalties. Incases in which the law prescribes a penaltycomposed of three distinct penalties, eachone shall form a period; the lightest of themshall be the minimum the next the medium,


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and the most severe the maximum period.

Whenever the penalty prescribed does nothave one of the forms specially provided forin this Code, the periods shall bedistributed, applying by analogy theprescribed rules.

Chapter FiveEXECUTION AND SERVICE OF PENALTIES

Section One. General Provisions

Art. 78. When and how a penalty is to beexecuted. No penalty shall be executedexcept by virtue of a final judgment.

A penalty shall not be executed in any otherform than that prescribed by law, nor withany other circumstances or incidents thanthose expressly authorized thereby.

In addition to the provisions of the law, thespecial regulations prescribed for thegovernment of the institutions in which thepenalties are to be suffered shall beobserved with regard to the character ofthe work to be performed, the time of its

performance, and other incidents connectedtherewith, the relations of the convictsamong themselves and other persons, therelief which they may receive, and theirdiet.

The regulations shall make provision for theseparation of the sexes in differentinstitutions, or at least into differentdepartments and also for the correction andreform of the convicts.

Art. 79. Suspension of the execution andservice of the penalties in case of insanity. When a convict shall become insane or animbecile after final sentence has beenpronounced, the execution of said sentenceshall be suspended only with regard to thepersonal penalty, the provisions of thesecond paragraph of circumstance number


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1 of Article 12 being observed in thecorresponding cases.

If at any time the convict shall recover hisreason, his sentence shall be executed,unless the penalty shall have prescribed inaccordance with the provisions of this Code.

The respective provisions of this sectionshall also be observed if the insanity orimbecility occurs while the convict isserving his sentence.

Art. 80. Suspension of sentence of minordelinquents. Whenever a minor of eithersex, under sixteen years of age at the dateof the commission of a grave or less gravefelony, is accused thereof, the court, after

hearing the evidence in the properproceedings, instead of pronouncing judgment of conviction, shall suspend allfurther proceedings and shall commit suchminor to the custody or care of a public orprivate, benevolent or charitableinstitution, established under the law of thecare, correction or education of orphaned,homeless, defective, and delinquentchildren, or to the custody or care of anyother responsible person in any other placesubject to visitation and supervision by theDirector of Public Welfare or any of hisagents or representatives, if there be any,or otherwise by the superintendent ofpublic schools or his representatives,subject to such conditions as are prescribedhereinbelow until such minor shall havereached his majority age or for such lessperiod as the court may deem proper. chanrobles virtual law library

The court, in committing said minor asprovided above, shall take intoconsideration the religion of such minor, hisparents or next of kin, in order to avoid hiscommitment to any private institution notunder the control and supervision of thereligious sect or denomination to whichthey belong.


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The Director of Public Welfare or his dulyauthorized representatives or agents, thesuperintendent of public schools or hisrepresentatives, or the person to whosecustody or care the minor has been

committed, shall submit to the court everyfour months and as often as required inspecial cases, a written report on the goodor bad conduct of said minor and the moraland intellectual progress made by him.

The suspension of the proceedings againsta minor may be extended or shortened bythe court on the recommendation of theDirector of Public Welfare or his authorizedrepresentative or agents, or the

superintendent of public schools or hisrepresentatives, according as to whetherthe conduct of such minor has been good ornot and whether he has complied with theconditions imposed upon him, or not. Theprovisions of the first paragraph of thisarticle shall not, however, be affected bythose contained herein.

If the minor has been committed to thecustody or care of any of the institutionsmentioned in the first paragraph of this

article, with the approval of the Director ofPublic Welfare and subject to suchconditions as this official in accordance withlaw may deem proper to impose, such minormay be allowed to stay elsewhere under thecare of a responsible person.

If the minor has behaved properly and hascomplied with the conditions imposed uponhim during his confinement, in accordancewith the provisions of this article, he shallbe returned to the court in order that thesame may order his final release.

In case the minor fails to behave properly orto comply with the regulations of theinstitution to which he has been committedor with the conditions imposed upon himwhen he was committed to the care of aresponsible person, or in case he should be


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found incorrigible or his continued stay insuch institution should be inadvisable, heshall be returned to the court in order thatthe same may render the judgmentcorresponding to the crime committed by

him.

The expenses for the maintenance of aminor delinquent confined in the institutionto which he has been committed, shall beborne totally or partially by his parents orrelatives or those persons liable to supporthim, if they are able to do so, in thediscretion of the court; Provided, That incase his parents or relatives or thosepersons liable to support him have not been

ordered to pay said expenses or are foundindigent and cannot pay said expenses, themunicipality in which the offense wascommitted shall pay one-third of saidexpenses; the province to which themunicipality belongs shall pay one-third;and the remaining one-third shall be borneby the National Government: Provided,however, That whenever the Secretary ofFinance certifies that a municipality is notable to pay its share in the expenses above

mentioned, such share which is not paid bysaid municipality shall be borne by theNational Government. Chartered cities shallpay two-thirds of said expenses; and in casea chartered city cannot pay said expenses,the internal revenue allotments which maybe due to said city shall be withheld andapplied in settlement of said indebtednessin accordance with section five hundred andeighty-eight of the Administrative Code.chanrobles virtual law library

Section Two. Execution of principalpenalties.

Art. 81. When and how the death penalty isto be executed. The death sentence shallbe executed with reference to any otherand shall consist in putting the person


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under sentence to death by electrocution.The death sentence shall be executed underthe authority of the Director of Prisons,endeavoring so far as possible to mitigatethe sufferings of the person under sentence

during electrocution as well as during theproceedings prior to the execution.

If the person under sentence so desires, heshall be anaesthetized at the moment of theelectrocution.

Art. 82. Notification and execution of thesentence and assistance to the culprit. The court shall designate a working day forthe execution but not the hour thereof; andsuch designation shall not be communicated

to the offender before sunrise of said day,and the execution shall not take place untilafter the expiration of at least eight hoursfollowing the notification, but beforesunset. During the interval between thenotification and the execution, the culpritshall, in so far as possible, be furnishedsuch assistance as he may request in orderto be attended in his last moments bypriests or ministers of the religion heprofesses and to consult lawyers, as well as

in order to make a will and confer withmembers of his family or persons in chargeof the management of his business, of theadministration of his property, or of thecare of his descendants.

Art. 83. Suspension of the execution of thedeath sentence. The death sentence shallnot be inflicted upon a woman within thethree years next following the date of thesentence or while she is pregnant, nor uponany person over seventy years of age. In

this last case, the death sentence shall becommuted to the penalty of reclusionperpetua with the accessory penaltiesprovided in Article 40.

Art. 84. Place of execution and persons whomay witness the same. The executionshall take place in the penitentiary of Bilibid


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in a space closed to the public view andshall be witnessed only by the priestsassisting the offender and by his lawyers,and by his relatives, not exceeding six, if heso request, by the physician and the

necessary personnel of the penalestablishment, and by such persons as theDirector of Prisons may authorize.

Art. 85. Provisions relative to the corpse ofthe person executed and its burial. Unless claimed by his family, the corpse ofthe culprit shall, upon the completion of thelegal proceedings subsequent to theexecution, be turned over to the institute oflearning or scientific research first applying

for it, for the purpose of study andinvestigation, provided that such instituteshall take charge of the decent burial of theremains. Otherwise, the Director of Prisonsshall order the burial of the body of theculprit at government expense, grantingpermission to be present thereat to themembers of the family of the culprit and thefriends of the latter. In no case shall theburial of the body of a person sentenced todeath be held with pomp.chan robles virtual law library

Art. 86. Reclusion perpetua, reclusiontemporal, prision mayor, prisioncorreccional and arresto mayor. Thepenalties of reclusion perpetua, reclusiontemporal, prision mayor, prisioncorreccional and arresto mayor, shall beexecuted and served in the places andpenal establishments provided by theAdministrative Code in force or which maybe provided by law in the future.

Art. 87. Destierro. Any person sentencedto destierro shall not be permitted to enterthe place or places designated in thesentence, nor within the radius thereinspecified, which shall be not more than 250and not less than 25 kilometers from theplace designated.

Art. 88. Arresto menor. The penalty of


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arresto menor shall be served in themunicipal jail, or in the house of thedefendant himself under the surveillance ofan officer of the law, when the court soprovides in its decision, taking into

consideration the health of the offender andother reasons which may seemsatisfactoryto it.

Title Four

EXTINCTION OF CRIMINAL LIABILITY

Chapter OneTOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totallyextinguished. Criminal liability is totallyextinguished:

1. By the death of the convict, as tothe personal penalties and as topecuniary penalties, liability thereforis extinguished only when the death ofthe offender occurs before finaljudgment.

2. By service of the sentence;

3. By amnesty, which completelyextinguishes the penalty and all itseffects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offendedwoman, as provided in Article 344 ofthis Code.

Art. 90. Prescription of crime. Crimespunishable by death, reclusion perpetua orreclusion temporal shall prescribe in twentyyears.

Crimes punishable by other afflictivepenalties shall prescribe in fifteen years.

Those punishable by a correctional penalty


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shall prescribe in ten years; with theexception of those punishable by arrestomayor, which shall prescribe in five years.

The crime of libel or other similar offensesshall prescribe in one year.

The crime of oral defamation and slander bydeed shall prescribe in six months.

Light offenses prescribe in two months.chanrobles virtual law library

When the penalty fixed by law is acompound one, the highest penalty shall bemade the basis of the application of therules contained in the first, second andthird paragraphs of this article. (As amended

by RA 4661, approved June 19, 1966).Art. 91. Computation of prescription ofoffenses. The period of prescription shallcommence to run from the day on which thecrime is discovered by the offended party,the authorities, or their agents, and shall beinterrupted by the filing of the complaint orinformation, and shall commence to runagain when such proceedings terminatewithout the accused being convicted oracquitted, or are unjustifiably stopped for

any reason not imputable to him.

The term of prescription shall not run whenthe offender is absent from the PhilippineArchipelago.

Art. 92. When and how penalties prescribe. The penalties imposed by final sentenceprescribe as follows:

1. Death and reclusion perpetua, intwenty years;

2. Other afflictive penalties, in fifteenyears;

3. Correctional penalties, in ten years;with the exception of the penalty ofarresto mayor, which prescribes in fiveyears;

4. Light penalties, in one year.


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Art. 93. Computation of the prescription ofpenalties. The period of prescription ofpenalties shall commence to run from thedate when the culprit should evade theservice of his sentence, and it shall be

interrupted if the defendant should givehimself up, be captured, should go to someforeign country with which this Governmenthas no extradition treaty, or should commitanother crime before the expiration of theperiod of prescription.

Chapter TwoPARTIAL EXTINCTION OF CRIMINALLIABILITY

Art. 94. Partial Extinction of criminalliability. Criminal liability is extinguishedpartially:

1. By conditional pardon;

2. By commutation of the sentence;and

3. For good conduct allowances whichthe culprit may earn while he isserving his sentence.

Art. 95. Obligation incurred by persongranted conditionalpardon. Any personwho has been granted conditional pardon

shall incur the obligation of complyingstrictly with the conditions imposed thereinotherwise, his non-compliance with any ofthe conditions specified shall result in therevocation of the pardon and the provisionsof Article 159 shall be applied to him.

Art. 96. Effect of commutation of sentence. The commutation of the original sentencefor another of a different length and natureshall have the legal effect of substitutingthe latter in the place of the former.

Art. 97.Allowance for good conduct. Thegood conduct of any prisoner in any penalinstitution shall entitle him to the followingdeductions from the period of his sentence:

1. During the first two years of hisimprisonment, he shall be allowed adeduction of five days for each month


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of good behavior;

2. During the third to the fifth year,inclusive, of his imprisonment, he shallbe allowed a deduction of eight daysfor each month of good behavior;

3. During the following years until thetenth year, inclusive, of hisimprisonment, he shall be allowed adeduction of ten days for each monthof good behavior; and

4. During the eleventh and successiveyears of his imprisonment, he shall beallowed a deduction of fifteen days foreach month of good behavior.chan roblesvirtual law library

Art. 98. Special time allowance for loyalty. A deduction of one-fifth of the period ofhis sentence shall be granted to anyprisoner who, having evaded the service ofhis sentence under the circumstancesmentioned in Article 58 of this Code, giveshimself up to the authorities within 48hours following the issuance of aproclamation announcing the passing awayof the calamity or catastrophe to in saidarticle.

Art. 99. Who grants time allowances. Whenever lawfully justified, the Director ofPrisons shall grant allowances for goodconduct. Such allowances once grantedshall not be revoked.

Title Five

CIVIL LIABILITY

Chapter OnePERSON CIVILLY LIABLE FOR FELONIES

Art. 100. Civil liability of a person guilty offelony. Every person criminally liable fora felony is also civilly liable.

Art. 101. Rules regarding civil liability incertain cases. The exemption from


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criminal liability established in subdivisions1, 2, 3, 5 and 6 of Article 12 and insubdivision 4 of Article 11 of this Code doesnot include exemption from civil liability,which shall be enforced subject to the

following rules:

First. In cases of subdivisions 1, 2, and 3 ofArticle 12, the civil liability for actscommitted by an imbecile or insane person,and by a person under nine years of age, orby one over nine but under fifteen years ofage, who has acted without discernment,shall devolve upon those having suchperson under their legal authority orcontrol, unless it appears that there was no

fault or negligence on their part.Should there be no person having suchinsane, imbecile or minor under hisauthority, legal guardianship or control, orif such person be insolvent, said insane,imbecile, or minor shall respond with theirown property, excepting property exemptfrom execution, in accordance with the civillaw.

Second. In cases falling within subdivision 4of Article 11, the persons for whose benefitthe harm has been prevented shall be civillyliable in proportion to the benefit whichthey may have received.

The courts shall determine, in sounddiscretion, the proportionate amount forwhich each one shall be liable.

When the respective shares cannot beequitably determined, even approximately,or when the liability also attaches to theGovernment, or to the majority of the

inhabitants of the town, and, in all events,whenever the damages have been causedwith the consent of the authorities or theiragents, indemnification shall be made inthe manner prescribed by special laws orregulations.

Third. In cases falling within subdivisions 5


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and 6 of Article 12, the persons usingviolence or causing the fears shall beprimarily liable and secondarily, or, if therebe no such persons, those doing the actshall be liable, saving always to the latter

that part of their property exempt fromexecution.

Art. 102. Subsidiary civil liability ofinnkeepers, tavernkeepers and proprietorsof establishments. In default of thepersons criminally liable, innkeepers,tavernkeepers, and any other persons orcorporations shall be civilly liable for crimescommitted in their establishments, in allcases where a violation of municipal

ordinances or some general or specialpolice regulation shall have been committedby them or their employees.

Innkeepers are also subsidiarily liable forthe restitution of goods taken by robbery ortheft within their houses from guestslodging therein, or for the payment of thevalue thereof, provided that such guestsshall have notified in advance the innkeeperhimself, or the person representing him, ofthe deposit of such goods within the inn;

and shall furthermore have followed thedirections which such innkeeper or hisrepresentative may have given them withrespect to the care and vigilance over suchgoods. No liability shall attach in case ofrobbery with violence against orintimidation of persons unless committedby the innkeeper's employees.chan robles virtuallaw library

Art. 103. Subsidiary civil liability of otherpersons. The subsidiary liabilityestablished in the next preceding articleshall also apply to employers, teachers,persons, and corporations engaged in anykind of industry for felonies committed bytheir servants, pupils, workmen,apprentices, or employees in the dischargeof their duties.


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Chapter TwoWHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability. The civil liability established in Articles 100,101, 102, and 103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequentialdamages.

Art. 105. Restitution; How made. Therestitution of the thing itself must be madewhenever possible, with allowance for any

deterioration, or diminution of value asdetermined by the court.

The thing itself shall be restored, eventhough it be found in the possession of athird person who has acquired it by lawfulmeans, saving to the latter his actionagainst the proper person, who may beliable to him.

This provision is not applicable in cases inwhich the thing has been acquired by thethird person in the manner and under therequirements which, by law, bar an actionfor its recovery.

Art. 106. Reparation; How made. Thecourt shall determine the amount ofdamage, taking into consideration the priceof the thing, whenever possible, and itsspecial sentimental value to the injuredparty, and reparation shall be madeaccordingly.chan robles virtual law library

Art. 107. Indemnification; What is included.

Indemnification for consequentialdamages shall include not only thosecaused the injured party, but also thosesuffered by his family or by a third personby reason of the crime.

Art. 108. Obligation to make restoration,reparation for damages, or indemnification


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for consequential damages and actions todemand the same; Upon whom it devolves. The obligation to make restoration orreparation for damages and indemnificationfor consequential damages devolves upon

the heirs of the person liable.

The action to demand restoration,reparation, and indemnification likewisedescends to the heirs of the person injured.

Art. 109. Share of each person civilly liable. If there are two or more persons civillyliable for a felony, the courts shalldetermine the amount for which each mustrespond.

Art. 110. Several and subsidiary liability of

principals, accomplices and accessories of afelony; Preference in payment. Notwithstanding the provisions of the nextpreceding article, the principals,accomplices, and accessories, each withintheir respective class, shall be liableseverally (in solidum) among themselves fortheir quotas, and subsidiaries for those ofthe other persons liable.

The subsidiary liability shall be enforced,

first against the property of the principals;next, against that of the accomplices, and,lastly, against that of the accessories.

Whenever the liability in solidum or thesubsidiary liability has been enforced, theperson by whom payment has been madeshall have a right of action against theothers for the amount of their respectiveshares.

Art. 111. Obligation to make restitution in

certain cases. Any person who hasparticipated gratuitously in the proceeds ofa felony shall be bound to make restitutionin an amount equivalent to the extent ofsuch participation.

Chapter ThreeEXTINCTION AND SURVIVAL OF CIVIL


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LIABILITY

Art. 112. Extinction of civil liability. Civilliability established in Articles 100, 101,102, and 103 of this Code shall be

extinguished in the same manner asobligations, in accordance with theprovisions of the Civil Law.

.Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civilliability as provided in the next precedingarticle the offender shall continue to beobliged to satisfy the civil liability resultingfrom the crime committed by him,notwithstanding the fact that he has served

his sentence consisting of deprivation ofliberty or other rights, or has not beenrequired to serve the same by reason ofamnesty, pardon, commutation of sentenceor any other reason.chan robles virtual law library

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