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BOOK ONEGENERAL PROVISIONS REGARDING THE

DATE OFENFORCEMENT AND APPLICATION OF THE

PROVISIONSOF THIS CODE, AND REGARDING THE

OFFENSES, THE

PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS ANDAPPLICATION

OF THE PROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. ThisCode shall take effect on the first day of

January, nineteen hundred and thirty-two.

Art. 2. Application of its provisions. Except

as provided in the treaties and laws ofpreferential application, the provisions of thisCode shall be enforced not only within thePhilippine Archipelago, including itsatmosphere, its interior waters and maritimezone, but also outside of its jurisdiction,against those who:

1. Should commit an offense while on aPhilippine ship or airship

2. Should forge or counterfeit any coinor currency note of the Philippine

Islands or obligations and securitiesissued by the Government of thePhilippine Islands;chan robles virtuallaw library

3. Should be liable for acts connectedwith the introduction into these islandsof the obligations and securitiesmentioned in the presiding number;

4. While being public officers oremployees, should commit an offense

in the exercise of their functions; or

5. Should commit any of the crimesagainst national security and the law ofnations, defined in Title One of Book

Two of this Code.

Title One

FELONIES AND CIRCUMSTANCESWHICHAFFECT CRIMINAL LIABILITY

Chapter One

FELONIES

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

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

There is deceit when the act is performed withdeliberate intent and there is fault when thewrongful act results from imprudence,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 act donebe different from that which heintended.

2. By any person performing an actwhich would be an offense against

persons or property, were it not for theinherent impossibility of itsaccomplishment or an account of theemployment of inadequate orineffectual means.

Art. 5. Duty of the court in connection with actswhich should be repressed but which are notcovered by the law, and in cases ofexcessivepenalties. Whenever a court hasknowledge of any act which it may deemproper to repress and which is not punishableby law, it shall render the proper decision,

and shall report to the Chief Executive,through the Department of Justice, thereasons which induce the court to believe thatsaid act should be made the subject oflegislation.

In the same way, the court shall submit to theChief Executive, through the Department of

Justice, such statement as may be deemedproper, without suspending the execution ofthe sentence, when a strict enforcement of theprovisions of this Code would result in theimposition of a clearly excessive penalty,

taking into consideration the degree of maliceand the injury caused by the offense.

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Art. 6. Consummated, frustrated, andattempted felonies. Consummated feloniesas well as those which are frustrated andattempted, are punishable.

A felony is consummated when all theelements necessary for its execution and

accomplishment are present; and it isfrustrated when the offender performs all theacts of execution which would produce thefelony 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 perform allthe acts of execution which should producethe felony by reason of some cause or accident

other than this own spontaneous desistance.

Art. 7. When light felonies are punishable.Light felonies are punishable only when theyhave been consummated, with the exceptionof those committed against person orproperty.chan robles virtual law library

Art. 8. Conspiracy and proposal to commitfelony. Conspiracy and proposal to commitfelony are punishable only in the cases inwhich the law specially provides a penaltytherefor.

A conspiracy exists when two or more personscome to an agreement concerning the

commission of a felony and decide to commitit.

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

Art. 9. Grave felonies, less grave felonies andlight felonies. Grave felonies are those towhich the law attaches the capitalpunishment or penalties which in any of theirperiods are afflictive, in accordance with 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 law for

the commission of which a penalty of arrestmenor or a fine not exceeding 200 pesos orboth; is provided.

Art. 10. Offenses not subject to the provisionsof this Code. Offenses which are or in thefuture may be punishable under special lawsare not subject to the provisions of this Code.

This Code shall be supplementary to suchlaws, unless the latter should speciallyprovide the contrary.

Chapter TwoJUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCESWHICH EXEMPTFROM 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 ofthe 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,

ascendants, descendants, or legitimate,natural or adopted brothers or sisters,or his relatives by affinity in the samedegrees and those consanguinitywithin the fourth civil degree, providedthat the first and second requisitesprescribed in the next precedingcircumstance are present, and thefurther requisite, in case the revocationwas given by the person attacked, thatthe one making defense had no parttherein.

3. Anyone who acts in defense of theperson or rights of a stranger, providedthat the first and second requisitesmentioned in the first circumstance of

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this Art. are present and that theperson defending be not induced byrevenge, resentment, or other evilmotive.

4. Any person who, in order to avoid anevil or injury, does not act which

causes damage to another, providedthat the following requisites arepresent;

First. That the evil sought to beavoided actually exists;

Second. That the injury fearedbe greater than that done toavoid it;

Third. That there be no other

practical and less harmfulmeans of 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 are exempt

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

When the imbecile or an insane personhas 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 without

first 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 be

criminally 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 withhis surveillance and educationotherwise, he shall be committed to thecare 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 fault

or 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 prevented bysome lawful insuperable cause.

Chapter ThreeCIRCUMSTANCES 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 respective casesare not attendant.

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

3. That the offender had no intention tocommit 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 the

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

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 fellow beings.

9. Such illness of the offender as woulddiminish the exercise of the will-powerof 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

AGGRAVATECRIMINAL 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 respect duethe offended party on account of hisrank, 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 the

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

Whenever more than three armed

malefactors shall have acted togetherin the commission of an offense, itshall be deemed to have beencommitted by a band.

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

8. That the crime be committed withthe aid of armed men or persons who

insure or afford impunity.

9. That the accused is a recidivist.

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

10. That the offender has beenpreviously punished by an offense towhich the law attaches an equal or

greater 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 bymeans of inundation, fire, poison,explosion, stranding of a vessel orinternational damage thereto,derailment of a locomotive, or by the

use of any other artifice involving greatwaste and ruin.

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13. That the act be committed withevidence premeditation.

14. That the craft, fraud or disguise beemployed.

15. That advantage be taken of

superior 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 theperson, employing means, methods, orforms in the execution thereof whichtend directly and specially to insure itsexecution, without risk to himselfarising from the defense which the

offended 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 years

of age or by means of motor vehicles,motorized watercraft, airships, or othersimilar means. (As amended by RA5438).

21. That the wrong done in thecommission of the crime be deliberately

augmented by causing other wrong notnecessary for its commissions.

Chapter FiveALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. Alternativecircumstances are those which must be takeninto consideration as aggravating or mitigatingaccording to the nature and effects of thecrime and the other conditions attending itscommission. They are the relationship,intoxication and the degree of instruction and

education of the offender.

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 thesame degrees of the offender.

The intoxication of the offender shall be takeninto consideration as a mitigatingcircumstances when the offender hascommitted a felony in a state of intoxication, if

the same is not habitual or subsequent to theplan to commit said felony but when theintoxication is habitual or intentional, it shallbe considered as an aggravating

circumstance.

Title Two

PERSONS CRIMINALLY LIABLE FORFELONIES

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 another

act without which it would not havebeen accomplished.

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Art. 18. Accomplices.Accomplices are thosepersons who, not being included in Art. 17,cooperate in the execution of the offense byprevious or simultaneous acts.

Art. 19. Accessories. Accessories are thosewho, having knowledge of the commission of

the crime, and without having participatedtherein, either as principals or accomplices,take part subsequent to its commission in anyof the following manners:chan robles virtuallaw library

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

2. By concealing or destroying the bodyof the crime, or the effects orinstruments thereof, in order to

prevent its discovery.

3. By harboring, concealing, orassisting in the escape of the principalsof the crime, provided the accessoryacts with abuse of his public functionsor whenever the author of the crime isguilty of treason, parricide, murder, oran attempt to take the life of the ChiefExecutive, or is known to be habituallyguilty of some other crime.

Art. 20. Accessories who are exempt from

criminal liability.

The penalties prescribedfor accessories shall not be imposed uponthose who are such with respect to theirspouses, ascendants, descendants, legitimate,

natural, and adopted brothers and sisters, orrelatives by affinity within the same degrees,with the single exception of accessories fallingwithin the provisions of paragraph 1 of thenext preceding article.

Title Three

P E N A L T I E S

Chapter OnePENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. Nofelony shall be punishable by any penalty notprescribed by law prior to its commission.

Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effectinsofar as they favor the persons guilty of a

felony, who is not a habitual criminal, as thisterm is defined in Rule 5 of Article 62 of thisCode, although at the time of the publicationof such laws a final sentence has beenpronounced and the convict is serving thesame.

Art. 23. Effect of pardon by the offended party. A pardon of the offended party does notextinguish criminal action except as providedin Article 344 of this Code; but civil liabilitywith regard to the interest of the injured partyis extinguished by his express waiver.

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

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 any of

the institutions mentioned in Article 80and for the purposes specified therein.

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

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

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Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,Perpetual or temporary absolute

disqualification,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 precedingclasses:

Fine, andBond to keep the peace.

Accessory Penalties

Perpetual or temporary absolutedisqualification,Perpetual or temporary special disqualification,

Suspension from public office, the right to voteand be voted 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, or lightpenalty. A fine, whether imposed as a singleof as an alternative penalty, shall beconsidered an afflictive penalty, if it exceeds6,000 pesos; a correctional penalty, if it doesnot exceed 6,000 pesos but is not less than200 pesos; and a light penalty if it less than200 pesos.

Chapter ThreeDURATION 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 person byreason of his conduct or some other seriouscause shall be considered by the ChiefExecutive as unworthy of pardon.

Reclusion temporal. The penalty of reclusiontemporal shall be from twelve years and oneday to twenty years.

Prision mayor and temporary disqualification. The duration of the penalties of prision

mayor and temporary disqualification shall befrom six years and one day to twelve years,except when the penalty of disqualification isimposed as an accessory penalty, in whichcase its duration shall be that of the principalpenalty.

Prision correccional, suspension, and destierro. The duration of the penalties of prisioncorreccional, suspension and destierro shallbe from six months and one day to six years,except when suspension is imposed as anaccessory penalty, in which case, its durationshall be that of the principal penalty.

Arresto mayor. The duration of the penaltyof arresto mayor shall be from one month andone day to six months.

Arresto menor. The duration of the penalty

of arresto menor shall be from one day tothirty days.

Bond to keep the peace. The bond to keepthe peace shall be required to cover suchperiod of time as the court may determine.

Art. 28. Computation of penalties. If theoffender shall be in prison, the term of theduration 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 of theduration of the penalty consisting ofdeprivation of liberty shall be computed from

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the day that the offender is placed at thedisposal of the judicial authorities for theenforcement of the penalty. The duration ofthe other penalties shall be computed onlyfrom the day on which the defendantcommences to serve his sentence.

Art. 29. Period of preventive imprisonmentdeducted from term of imprisonment. Offenders who have undergone preventiveimprisonment shall be credited in the serviceof their sentence consisting of deprivation ofliberty, with the full time during which theyhave undergone preventive imprisonment, ifthe detention prisoner agrees voluntarily inwriting to abide by the same disciplinary rulesimposed upon convicted prisoners, except inthe following cases:

1. When they are recidivists or have

been convicted previously twice ormore times of any crime; and

2. When upon being summoned for theexecution of their sentence they havefailed to surrender voluntarily.

If the detention prisoner does not agree toabide by the same disciplinary rules imposedupon convicted prisoners, he shall be creditedin the service of his sentence with four-fifthsof the time during which he has undergonepreventive imprisonment. (As amended by

Republic Act 6127, June 17, 1970).

Whenever an accused has undergonepreventive imprisonment for a period equal to

or more than the possible maximumimprisonment of the offense charged to whichhe may be sentenced and his case is not yetterminated, he shall be released immediatelywithout prejudice to the continuation of thetrial thereof or the proceeding on appeal, if thesame is under review. In case the maximum

penalty to which the accused may besentenced is destierro, he shall be releasedafter thirty (30) days of preventiveimprisonment. (As amended by E.O. No. 214,

July 10, 1988).

Section Two. Effects of the penaltiesaccording totheir respective nature

Art. 30. Effects of the penalties of perpetual ortemporary absolute disqualification. Thepenalties of perpetual or temporary absolute

disqualification for public office shall producethe following effects:1. The deprivation of the public officesand employments which the offendermay have held even if conferred bypopular election.

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

3. The disqualification for the offices orpublic employments and for theexercise of any of the rights mentioned.

In case of temporary disqualification,such disqualification as is comprised in

paragraphs 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 perpetual ortemporary special disqualification. Thepenalties of perpetual or temporal specialdisqualification for public office, profession orcalling shall produce the following effects:

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 of

such disqualification.

Art. 32. Effect of the penalties of perpetual ortemporary special disqualification for theexercise of the right of suffrage. Theperpetual or temporary special disqualificationfor the exercise of the right of suffrage shalldeprive the offender perpetually or during theterm of the sentence, according to the natureof said penalty, of the right to vote in anypopular election for any public office or to beelected to such office. Moreover, the offendershall not be permitted to hold any public office

during the period of his disqualification.

Art. 33. Effects of the penalties of suspensionfrom any public office, profession or calling, or

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the right of suffrage. The suspension frompublic office, profession or calling, and theexercise of the right of suffrage shall disqualifythe offender from holding such office orexercising such profession or calling or rightof suffrage during the term of the sentence.

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

Art. 34. Civil interdiction. Civil interdictionshall deprive the offender during the time ofhis sentence of the rights of parentalauthority, or guardianship, either as to theperson or property of any ward, of maritalauthority, of the right to manage his propertyand of the right to dispose of such property byany act or any conveyance inter vivos.

Art. 35. Effects of bond to keep the peace.

Itshall be the duty of any person sentenced togive bond to keep the peace, to present twosufficient sureties who shall undertake thatsuch person will not commit the offensesought to be prevented, and that in case suchoffense be committed they will pay the amountdetermined by the court in the judgment, orotherwise to deposit such amount in the officeof the clerk of the court to guarantee saidundertaking.

The court shall determine, according to its

discretion, the period of duration of the bond.

Should the person sentenced fail to give thebond as required he shall be detained for a

period which shall in no case exceed sixmonths, is he shall have been prosecuted for agrave or less grave felony, and shall notexceed thirty days, if for a light felony.

Art. 36. Pardon; its effect. A pardon shallnot work the restoration of the right to hold

public office, or the right of suffrage, unlesssuch rights be expressly restored by the termsof 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. Costsshall include fees and indemnities in thecourse of the judicial proceedings, whetherthey be fixed or unalterable amountspreviously determined by law or regulations in

force, or amounts not subject to schedule.

Art. 38. Pecuniary liabilities; Order of payment. In case the property of the offender shouldnot be sufficient for the payment of all hispecuniary liabilities, the same shall be met inthe following order:

1. The reparation of the damagecaused.

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 of one

day for each eight pesos, subject to thefollowing rules:

1. If the principal penalty imposed beprision correccional or arresto and fine,he shall remain under confinementuntil his fine referred to in thepreceding paragraph is satisfied, buthis subsidiary imprisonment shall notexceed one-third of the term of thesentence, and in no case shall itcontinue for more than one year, andno fraction or part of a day shall becounted against the prisoner.

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 of

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fixed duration, the convict, during theperiod 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 suffered byreason 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 executed byreason of commutation or pardon shall carrywith 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 and reclusiontemporal shall carry with them that of civilinterdiction for life or during the period of thesentence as the case may be, and that ofperpetual absolute disqualification which theoffender shall suffer even though pardoned as

to the principal penalty, unless the same shallhave been expressly remitted in the pardon.

Art. 42. Prision mayor; Its accessory penalties. The penalty of prision mayor, shall carrywith it that of temporary absolutedisqualification and that of perpetual special

disqualification from the right of suffragewhich the offender shall suffer althoughpardoned as to the principal penalty, unlessthe same shall have been expressly remittedin the pardon.

Art. 43. Prision correccional; Its accessorypenalties. The penalty of prisioncorreccional shall carry with it that ofsuspension from public office, from the rightto follow a profession or calling, and that ofperpetual special disqualification from theright of suffrage, if the duration of said

imprisonment shall exceed eighteen months.The offender shall suffer the disqualificationprovided in the article although pardoned asto the principal penalty, unless the same shallhave been expressly remitted in the pardon.

Art. 44. Arresto; Its accessory penalties.Thepenalty of arresto shall carry with it that ofsuspension of the right too hold office and theright of suffrage during the term of thesentence.

Art. 45. Confiscation and forfeiture of the

proceeds or instruments of the crime.

Everypenalty imposed for the commission of afelony shall carry with it the forfeiture of the

proceeds of the crime and the instruments ortools with which it was committed.

Such proceeds and instruments or tools shallbe confiscated and forfeited in favor of theGovernment, unless they be property of athird person not liable for the offense, but

those articles which are not subject of lawfulcommerce 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 penalty prescribed by lawfor the commission of a felony shall beimposed upon the principals in thecommission of such felony.

Whenever the law prescribes a penalty for afelony is general terms, it shall be understoodas applicable to the consummated felony.

Art. 47. In what cases the death penalty shallnot be imposed. The death penalty shall beimposed in all cases in which it must beimposed under existing laws, except in the

following cases:

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

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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. For theimposition of said penalty or for theconfirmation of a judgment of the

inferior 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 and signatureof only the remaining justices shall berequired.

Art. 48. Penalty for complex crimes. When asingle act constitutes two or more grave orless grave felonies, or when an offense is anecessary means for committing the other, thepenalty for the most serious crime shall beimposed, the same to be applied in itsmaximum period.

Art. 49. Penalty to be imposed upon theprincipals when the crime committed isdifferent from that intended. In cases inwhich the felony committed is different fromthat which the offender intended to commit,the following rules shall be 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 that

corresponding to the one which theaccused intended to commit, thepenalty for the former shall be imposedin 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 another crime,if the law prescribes a higher penaltyfor either of the latter offenses, inwhich case the penalty provided for the

attempted or the frustrated crime shallbe imposed in its maximum period.

Art. 50. Penalty to be imposed upon principalsof a frustrated crime. The penalty nextlower in degree than that prescribed by law forthe consummated felony shall be imposedupon the principal in a frustrated felony.

Art. 51. Penalty to be imposed upon principalsof attempted crimes. A penalty lower by twodegrees than that prescribed by law for theconsummated felony shall be imposed upon

the principals in an attempt to commit afelony.

Art. 52. Penalty to be imposed uponaccomplices in consummatedcrime. Thepenalty next lower in degree than thatprescribed by law for the consummated shallbe imposed upon the accomplices in thecommission of a consummated felony.

Art. 53. Penalty to be imposed uponaccessories to the commission of aconsummated felony. The penalty lower bytwo degrees than that prescribed by law forthe consummated felony shall be imposedupon the accessories to the commission of aconsummated felony.

Art. 54. Penalty to imposed upon accomplicesin a frustrated crime. The penalty nextlower in degree than prescribed by law for thefrustrated felony shall be imposed upon theaccomplices in the 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 to thecommission of a frustrated felony.

Art. 56. Penalty to be imposed uponaccomplices in an attemptedcrime. Thepenalty next lower in degree than thatprescribed by law for an attempt to commit a

felony shall be imposed upon the accomplicesin an attempt to commit the felony.

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

Art. 58. Additional penalty to be imposed uponcertainaccessories. Those accessories fallingwithin the terms of paragraphs 3 of Article 19of this Code who should act with abuse oftheir public functions, shall suffer theadditional penalty of absolute perpetualdisqualification if the principal offender shallbe guilty of a grave felony, and that ofabsolute temporary disqualification if he shallbe guilty of a less grave felony.

Art. 59. Penalty to be imposed in case of failureto commit the crime because the means

employed or the aims sought are impossible.

When the person intending to commit anoffense has already performed the acts for theexecution of the same but nevertheless thecrime was not produced by reason of the factthat the act intended was by its nature one ofimpossible accomplishment or because themeans employed by such person areessentially inadequate to produce the resultdesired by him, the court, having in mind thesocial danger and the degree of criminalityshown by the offender, shall impose upon himthe penalty of arresto mayor or a fine from200 to 500 pesos.

Art. 60. Exception to the rules established inArticles 50 to 57. The provisions contained

in Articles 50 to 57, inclusive, of this Codeshall not be applicable to cases in which thelaw expressly prescribes the penalty providedfor a frustrated or attempted felony, or to beimposed upon accomplices or accessories.

Art. 61. Rules for graduating penalties. For

the purpose of graduating the penalties which,according to the provisions of Articles 50 to57, inclusive, of this Code, are to be imposedupon persons guilty as principals of anyfrustrated or attempted felony, or asaccomplices or accessories, the following rulesshall be observed:

1. When the penalty prescribed for thefelony is single and indivisible, thepenalty next lower in degrees shall bethat immediately following thatindivisible penalty in the respective

graduated 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 fullextent, the penalty next lower in degreeshall be that immediately following thelesser of the penalties prescribed in therespective graduated scale.

3. When the penalty prescribed for the

crime is composed of one or twoindivisible penalties and the maximumperiod of another divisible penalty, thepenalty next lower in degree shall be

composed of the medium andminimum periods of the properdivisible penalty and the maximumperiods of the proper divisible penaltyand the maximum period of thatimmediately following in said respectivegraduated 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 the periodimmediately following the minimumprescribed and of the two nextfollowing, which shall be taken fromthe penalty prescribed, if possible;otherwise from the penalty immediatelyfollowing in the above mentionedrespective graduated scale.

5. When the law prescribes a penaltyfor a crime in some manner notespecially provided for in the fourpreceding rules, the courts, proceedingby analogy, shall impose correspondingpenalties upon those guilty asprincipals of the frustrated felony, or ofattempt to commit the same, and uponaccomplices and accessories.

TABULATION OF THE PROVISIONS OFTHE CHAPTER

Penalty Penalty to be Penalty to be Penalty to be Pen

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Prescribefor thecrime

imposedupon the

principal in afrustrated

crime, andaccomplice

in a

consummatedcrime

imposedupon the

principal inan attempted

crime, theaccessory in

the

consummatedcrime and the

accomplicesin a frustrated

crime.

imposedupon the

accessory ina frustrated

crime, andthe

accomplices

in anattempted

crime

imposedupon the

accessory inan attempted

crime

FirstCase

Death ReclusionPerpetua

ReclusionTemporal

PrisionMayor

PrisionCorreccional

SecondCase

ReclusionPerpetua

to Death

ReclusionTemporal

PrisionMayor

PrisionCorreccional

ArrestoMayor

ThirdCase

ReclusionTemporal

in itsmaximumperiod todeath

PrisionMayorin its

maximumperiod toreclusiontemporalinits medium

period

Prisioncorreccional

in itsmaximumperiod toprisionmayorin itsmedium

period

ArrestoMayorin it s

maximumperiod toprisioncorreccionalin itsmedium

period

Fine andArresto

Mayorin itsminimumand medium

periods

Fourth

Case

Prision

Mayorinitsmaximum

period toreclusion

temporalin itsmedium

period.

Prision

correccionalin itsmaximum

period toprision

mayorin itsmediumperiod.

Arresto

mayorin itsmaximum

period toprisioncorreccional

in its mediumperiod.

Fine and

ArrestoMayorin itsminimumand medium

periods

Fine.

Section Two. Rules for theapplication of penalties with regard to

the mitigating and aggravatingcircumstances, and habitual

delinquency.

Art. 62. Effect of the attendance of mitigatingor aggravating circumstances and of habitualdelinquency. Mitigating or aggravatingcircumstances and habitual delinquency shallbe taken into account for the purpose ofdiminishing or increasing the penalty inconformity with the following rules:

1. Aggravating circumstances which inthemselves constitute a crime speciallypunishable by law or which areincluded by the law in defining a crime

and prescribing the penalty thereforshall not be taken into account for thepurpose of increasing the 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 toaggravate or mitigate the liability of the

principals, accomplices and accessoriesas to whom such circumstances areattendant.

4. The circumstances which consist inthe material execution of the act, or inthe means employed to accomplish it,

shall serve to aggravate or mitigate theliability of those persons only who hadknowledge of them at the time of theexecution 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 the

last crime of which he be foundguilty and to the additionalpenalty of prision correccionalin its medium and maximumperiods;

(b) Upon a fourth conviction, theculprit shall be sentenced to thepenalty provided for the lastcrime of which he be foundguilty and to the additionalpenalty of prision mayor in itsminimum and medium periods;and

(c) Upon a fifth or additionalconviction, the culprit shall be

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sentenced 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 this article,the total of the two penalties to be imposedupon the offender, in conformity herewith,shall in no case exceed 30 years.

For the purpose of this article, a person shallbe deemed to be habitual delinquent, is withina period of ten years from the date of hisrelease or last conviction of the crimes ofserious or less serious physical injuries, robo,hurto, estafa or falsification, he is found guiltyof any of said crimes a third time or oftener.

Art. 63. Rules for the application of indivisiblepenalties. In all cases in which the lawprescribes a single indivisible penalty, it shallbe applied by the courts regardless of anymitigating or aggravating circumstances thatmay have attended the commission of thedeed.

In all cases in which the law prescribes apenalty composed of two indivisible penalties,the following rules shall be observed in theapplication thereof:

1. When in the commission of the deedthere is present only one aggravating

circumstance, the greater penalty shallbe applied.

2. When there are neither mitigatingnor aggravating circumstances andthere 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 courtshall reasonably allow them to offsetone another in consideration of theirnumber and importance, for the

purpose of applying the penalty inaccordance with the preceding rules,according to the result of suchcompensation.

Art. 64. Rules for the application of penaltieswhich contain three periods. In cases inwhich the penalties prescribed by law containthree periods, whether it be a single divisiblepenalty or composed of three differentpenalties, each one of which forms a period inaccordance with the provisions of Articles 76and 77, the court shall observe for theapplication of the penalty the following rules,according to whether there are or are notmitigating or aggravating 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 the

commission of the act, they shallimpose the penalty in its minimumperiod.

3. When an aggravating circumstanceis present in the commission of the act,they shall impose the penalty in itsmaximum period.

4. When both mitigating andaggravating circumstances are present,the court shall reasonably offset thoseof one class against the other according

to their relative weight.

5. When there are two or moremitigating circumstances and noaggravating circumstances are present,the court shall impose the penalty nextlower to that prescribed by law, in theperiod that it may deem applicable,according to the number and nature ofsuch circumstances.

6. Whatever may be the number andnature of the aggravating

circumstances, 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 cases inwhich the penalty prescribed by law is notcomposed of three periods, the courts shallapply the rules contained in the foregoingarticles, dividing into three equal portions oftime included in the penalty prescribed, andforming one period of each of the threeportions.

Art. 66. Imposition of fines. In imposingfines the courts may fix any amount within

the limits established by law; in fixing theamount in each case attention shall be given,not only to the mitigating and aggravatingcircumstances, but more particularly to thewealth or means of the culprit.

Art. 67. Penalty to be imposed when not all therequisites of exemption of the fourthcircumstance of Article 12 are present.Whenall the conditions required in circumstancesNumber 4 of Article 12 of this Code to exemptfrom criminal liability are not present, thepenalty of arresto mayor in its maximumperiod to prision correccional in its minimumperiod shall be imposed upon the culprit if heshall have been guilty of a grave felony, andarresto mayor in its minimum and medium

periods, if of a less grave felony.chan roblesvirtual law library

Art. 68. Penalty to be imposed upon a personunder eighteen years of age. When theoffender is a minor under eighteen years andhis case is one coming under the provisions of

the paragraphs next to the last of Article 80 ofthis Code, the following rules shall beobserved:

1. Upon a person under fifteen but overnine years of age, who is not exemptedfrom liability by reason of the courthaving declared that he acted withdiscernment, a discretionary penaltyshall be imposed, but always lower bytwo degrees at least than thatprescribed by law for the crime whichhe committed.

2. Upon a person over fifteen andunder eighteen years of age the penaltynext lower than that prescribed by lawshall be imposed, but always in theproper period.

Art. 69. Penalty to be imposed when the crimecommitted is not wholly excusable. Apenalty lower by one or two degrees than thatprescribed by law shall be imposed if the deedis not wholly excusable by reason of the lackof some of the conditions required to justifythe same or to exempt from criminal liabilityin the several cases mentioned in Article 11and 12, provided that the majority of suchconditions be present. The courts shall impose

the penalty in the period which may bedeemed proper, in view of the number andnature of the conditions of exemption presentor lacking.

Art. 70. Successive service of sentence. When the culprit has to serve two or more

penalties, he shall serve them simultaneouslyif the nature of the penalties will so permitotherwise, the following rules shall beobserved:

In the imposition of the penalties, the order oftheir respective severity shall be followed sothat they may be executed successively or asnearly as may be possible, should a pardonhave been granted as to the penalty orpenalties first imposed, or should they havebeen served out.

For the purpose of applying the provisions ofthe next preceding paragraph the respectiveseverity of the penalties shall be determined inaccordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,chan roblesvirtual law library

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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, the rightto follow a profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rulenext preceding, the maximum duration of theconvict's sentence shall not be more thanthree-fold the length of time corresponding to

the most severe of the penalties imposed uponhim. No other penalty to which he may beliable shall be inflicted after the sum total ofthose imposed equals the same maximumperiod.

Such maximum period shall in no case exceedforty 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 or

higher by one or more degrees than anothergiven penalty, the rules prescribed in Article61 shall be observed in graduating suchpenalty.

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 following graduatedscales:

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. 2

1. Perpetual absolutedisqualification,

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 the civilliabilities. The civil liabilities of a personfound guilty of two or more offenses shall besatisfied by following the chronological order

of the dates of the judgments rendered againsthim, beginning with the first in order of time.

Section Three. Provisions common in thelast twopreceding sections

Art. 73. Presumption in regard to the impositionof accessorypenalties. Whenever the courtsshall impose a penalty which, by provision oflaw, carries with it other penalties, accordingto the provisions of Articles 40, 41, 42, 43 and44 of this Code, it must be understood thatthe accessory penalties are also imposed upon

the convict.

Art. 74. Penalty higher than reclusion perpetuain certain cases. In cases in which the law

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prescribes a penalty higher than anothergiven penalty, without specially designatingthe name of the former, if such higher penaltyshould be that of death, the same penalty andthe accessory penalties of Article 40, shall beconsidered as the next higher penalty.

Art. 75. Increasing or reducing the penalty offine by one or more degrees. Whenever itmay be necessary to increase or reduce thepenalty of fine by one or more degrees, it shallbe increased or reduced, respectively, for eachdegree, by one-fourth of the maximumamount prescribed by law, without however,changing the minimum.

The same rules shall be observed with regardof fines that do not consist of a fixed amount,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 threeperiods, 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

Penalties Timeincluded in the

Timeincluded

in its

Timeincluded in its

Timeincluded

in its

penaltyin its

entirety

minimum period

mediumperiod

maximum

Reclusion

temporal

From

12 yearsand 1day to

20years.

From 12

yearsand 1day to 14

yearsand 8

months.

From

14years, 8months

and 1day to

17 yearsand 4months.

From 17

years, 4monthsand 1 day

to 20years.

Prision mayor,absolutedisqualification and special

temporarydisqualification

From 6yearsand 1day to

12years.

From 6yearsand 1day to 8

years.

From 8yearsand 1day to

10years.

From 10years and1 day to12 years.

Prision

correccional,suspensionand destierro

From 6

monthsand 1day to 6years.

From 6

monthsand 1day to 2yearsand 4

months.

From 2

years, 4monthsand 1day to 4years

and 2months.

From 4

years, 2monthsand 1 dayto 6years.

Arresto mayor From 1monthand 1day tomonths.

From 1to 2months.

From 2monthsand 1day to 4months.

From 4monthsand 1 dayto 6months.

Arresto menor From 1to 30days.

From 1to 10days.

From11 to 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, each oneshall form a period; the lightest of them shall

be the minimum the next the medium, andthe most severe the maximum period.

Whenever the penalty prescribed does nothave one of the forms specially provided for inthis Code, the periods shall be distributed,applying by analogy the prescribed 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 be observedwith regard to the character of the work to beperformed, the time of its performance, andother incidents connected therewith, the

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relations of the convicts among themselvesand other persons, the relief which they mayreceive, and their diet.

The regulations shall make provision for theseparation of the sexes in differentinstitutions, or at least into different

departments 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 the secondparagraph of circumstance number 1 ofArticle 12 being observed in the correspondingcases.

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

The respective provisions of this section shallalso be observed if the insanity or imbecilityoccurs while the convict is serving hissentence.

Art. 80. Suspension of sentence of minordelinquents. Whenever a minor of eithersex, under sixteen years of age at the date ofthe commission of a grave or less grave felony,is accused thereof, the court, after hearing theevidence in the proper proceedings, instead of

pronouncing judgment of conviction, shallsuspend all further proceedings and shallcommit such minor to the custody or care of apublic or private, benevolent or charitableinstitution, established under the law of thecare, correction or education of orphaned,homeless, defective, and delinquent children,or to the custody or care of any otherresponsible person in any other place subjectto visitation and supervision by the Director ofPublic Welfare or any of his agents orrepresentatives, if there be any, or otherwiseby the superintendent of public schools or hisrepresentatives, subject to such conditions asare prescribed hereinbelow until such minorshall have reached his majority age or forsuch less period as the court may deemproper. chan robles virtual law library

The court, in committing said minor asprovided above, shall take into consideration

the religion of such minor, his parents or nextof kin, in order to avoid his commitment toany private institution not under the controland supervision of the religious sect ordenomination to which they belong.

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 beencommitted, shall submit to the court everyfour months and as often as required in

special cases, a written report on the good orbad conduct of said minor and the moral andintellectual progress made by him.

The suspension of the proceedings against aminor may be extended or shortened by thecourt on the recommendation of the Directorof Public Welfare or his authorizedrepresentative or agents, or thesuperintendent of public schools or hisrepresentatives, according as to whether theconduct of such minor has been good or notand whether he has complied with theconditions imposed upon him, or not. Theprovisions of the first paragraph of this articleshall not, however, be affected by thosecontained herein.

If the minor has been committed to thecustody or care of any of the institutionsmentioned in the first paragraph of thisarticle, with the approval of the Director ofPublic Welfare and subject to such conditionsas this official in accordance with law maydeem proper to impose, such minor may be

allowed to stay elsewhere under the care of aresponsible 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 shall bereturned to the court in order that the samemay order his final release.

In case the minor fails to behave properly or tocomply with the regulations of the institutionto which he has been committed or with the

conditions imposed upon him when he wascommitted to the care of a responsible person,or in case he should be found incorrigible or

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his continued stay in such institution shouldbe inadvisable, he shall be returned to thecourt in order that the same may render the

judgment corresponding to the crimecommitted by him.

The expenses for the maintenance of a minor

delinquent confined in the institution to whichhe has been committed, shall be borne totallyor partially by his parents or relatives or thosepersons liable to support him, if they are ableto do so, in the discretion of the court;Provided, That in case his parents or relativesor those persons liable to support him havenot been ordered to pay said expenses or arefound indigent and cannot pay said expenses,the municipality in which the offense wascommitted shall pay one-third of saidexpenses; the province to which themunicipality belongs shall pay one-third; andthe remaining one-third shall be borne by the

National Government: Provided, however, Thatwhenever the Secretary of Finance certifiesthat a municipality is not able to pay its sharein the expenses above mentioned, such sharewhich is not paid by said municipality shall beborne by the National Government. Charteredcities shall pay two-thirds of said expenses;and in case a chartered city cannot pay saidexpenses, the internal revenue allotmentswhich may be due to said city shall bewithheld and applied in settlement of saidindebtedness in accordance with section fivehundred and eighty-eight of the

Administrative Code.chan robles virtual lawlibrary

Section Two. Execution of principalpenalties.

Art. 81. When and how the death penalty is tobe executed. The death sentence shall beexecuted with reference to any other and shallconsist in putting the person under sentenceto death by electrocution. The death sentenceshall be executed under the authority of theDirector of Prisons, endeavoring so far aspossible to mitigate the sufferings of theperson under sentence during electrocution aswell as during the proceedings prior to theexecution.

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. Thecourt shall designate a working day for theexecution but not the hour thereof; and suchdesignation shall not be communicated to theoffender before sunrise of said day, and theexecution shall not take place until after theexpiration of at least eight hours following thenotification, but before sunset. During theinterval between the notification and theexecution, the culprit shall, in so far aspossible, be furnished such assistance as hemay request in order to be attended in his lastmoments by priests or ministers of thereligion he professes and to consult lawyers,

as well as in order to make a will and conferwith members of his family or persons incharge of the management of his business, of

the administration 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 the

sentence or while she is pregnant, nor uponany person over seventy years of age. In thislast 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 thesame. The execution shalltake place in the penitentiary of Bilibid in aspace closed to the public view and shall bewitnessed only by the priests assisting theoffender and by his lawyers, and by hisrelatives, not exceeding six, if he so request,by the physician and the necessary personnelof the penal establishment, and by suchpersons as the Director of Prisons mayauthorize.

Art. 85. Provisions relative to the corpse of theperson executed and its burial. Unlessclaimed by his family, the corpse of the culpritshall, upon the completion of the legalproceedings subsequent to the execution, beturned over to the institute of learning orscientific research first applying for it, for thepurpose of study and investigation, provided

that such institute shall take charge of thedecent burial of the remains. Otherwise, theDirector of Prisons shall order the burial of

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the body of the culprit at government expense,granting permission to be present thereat tothe members of the family of the culprit andthe friends of the latter. In no case shall theburial of the body of a person sentenced todeath be held with pomp.chan robles virtuallaw library

Art. 86. Reclusion perpetua, reclusiontemporal, prision mayor, prision correccionaland arresto mayor. The penalties ofreclusion perpetua, reclusion temporal,prision mayor, prision correccional andarresto mayor, shall be executed and served inthe places and penal establishments providedby the Administrative Code in force or whichmay be provided by law in the future.

Art. 87. Destierro.Any person sentenced todestierro shall not be permitted to enter theplace or places designated in the sentence,nor within the radius therein specified, whichshall be not more than 250 and not less than25 kilometers from the place designated.

Art. 88. Arresto menor. The penalty ofarresto menor shall be served in themunicipal jail, or in the house of thedefendant himself under the surveillance of anofficer of the law, when the court so providesin its decision, taking into consideration thehealth of the offender and other reasonswhich may seemsatisfactory to 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 to thepersonal penalties and as to pecuniarypenalties, liability therefor isextinguished only when the death ofthe offender occurs before final

judgment.

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 or

reclusion temporal shall prescribe in twentyyears.

Crimes punishable by other afflictive penaltiesshall prescribe in fifteen years.

Those punishable by a correctional penaltyshall 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 a compoundone, the highest penalty shall be made thebasis of the application of the rules contained

in the first, second and third paragraphs ofthis 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, theauthorities, or their agents, and shall beinterrupted by the filing of the complaint orinformation, and shall commence to run againwhen such proceedings terminate without theaccused being convicted or acquitted, or are

unjustifiably stopped for any reason notimputable to him.

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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 five

years;

4. Light penalties, in one year.

Art. 93. Computation of the prescription ofpenalties. The period of prescription ofpenalties shall commence to run from the datewhen the culprit should evade the service ofhis sentence, and it shall be interrupted if thedefendant should give himself up, becaptured, should go to some foreign countrywith which this Government has noextradition treaty, or should commit anothercrime before the expiration of the period ofprescription.

Chapter Two

PARTIAL EXTINCTION OFCRIMINALLIABILITY

Art. 94. Partial Extinction of criminal liability.Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence;and

3. For good conduct allowances whichthe culprit may earn while he is servinghis sentence.

Art. 95. Obligation incurred by person grantedconditionalpardon. Any person who hasbeen granted conditional pardon shall incurthe obligation of complying strictly with theconditions imposed therein otherwise, hisnon-compliance with any of the conditionsspecified shall result in the revocation of thepardon and the provisions of Article 159 shall

be applied to him.

Art. 96. Effect of commutation of sentence. The commutation of the original sentence foranother of a different length and nature shallhave the legal effect of substituting the latterin 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 monthof good behavior;

2. During the third to the fifth year,inclusive, of his imprisonment, he shallbe allowed a deduction of eight days foreach 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.chanrobles virtual law library

Art. 98. Special time allowance for loyalty. Adeduction of one-fifth of the period of hissentence shall be granted to any prisonerwho, having evaded the service of his sentenceunder the circumstances mentioned in Article58 of this Code, gives himself up to theauthorities within 48 hours following theissuance of a proclamation announcing thepassing away of the calamity or catastrophe toin said article.

Art. 99. Who grants time allowances. Whenever lawfully justified, the Director ofPrisons shall grant allowances for goodconduct. Such allowances once granted shallnot be revoked.

Title Five

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CIVIL LIABILITY

Chapter OnePERSON CIVILLY LIABLE FOR FELONIES

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

Art. 101. Rules regarding civil liability incertain cases. The exemption from criminalliability established in subdivisions 1, 2, 3, 5and 6 of Article 12 and in subdivision 4 ofArticle 11 of this Code does not includeexemption from civil liability, which shall beenforced subject to the following rules:

First. In cases of subdivisions 1, 2, and 3 ofArticle 12, the civil liability for acts committedby an imbecile or insane person, and by aperson under nine years of age, or by one over

nine but under fifteen years of age, who hasacted without discernment, shall devolve uponthose having such person under their legalauthority or control, unless it appears thatthere was no fault or negligence on their part.

Should there be no person having suchinsane, imbecile or minor under his authority,legal guardianship or control, or if suchperson be insolvent, said insane, imbecile, orminor shall respond with their own property,excepting property exempt from execution, inaccordance with the civil law.

Second. In cases falling within subdivision 4 ofArticle 11, the persons for whose benefit the

harm has been prevented shall be civilly liablein proportion to the benefit which they mayhave 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, orwhen the liability also attaches to theGovernment, or to the majority of theinhabitants of the town, and, in all events,whenever the damages have been caused withthe consent of the authorities or their agents,indemnification shall be made in the mannerprescribed by special laws or regulations.

Third. In cases falling within subdivisions 5and 6 of Article 12, the persons using violenceor causing the fears shall be primarily liableand secondarily, or, if there be no suchpersons, those doing the act shall be liable,saving always to the latter that part of theirproperty exempt from execution.

Art. 102. Subsidiary civil liability ofinnkeepers, tavernkeepers and proprietors ofestablishments. In default of the personscriminally liable, innkeepers, tavernkeepers,and any other persons or corporations shallbe civilly liable for crimes committed in theirestablishments, in all cases where a violationof municipal ordinances or some general or

special police regulation shall have beencommitted by them or their employees.

Innkeepers are also subsidiarily liable for therestitution of goods taken by robbery or theftwithin their houses from guests lodgingtherein, or for the payment of the valuethereof, provided that such guests shall havenotified in advance the innkeeper himself, orthe person representing him, of the deposit ofsuch goods within the inn; and shallfurthermore have followed the directionswhich such innkeeper or his representativemay have given them with respect to the careand vigilance over such goods. No liabilityshall attach in case of robbery with violenceagainst or intimidation of persons unlesscommitted by the innkeeper's employees.chanrobles virtual law library

Art. 103. Subsidiary civil liability of otherpersons.The subsidiary liability establishedin the next preceding article shall also applyto employers, teachers, persons, and

corporations engaged in any kind of industryfor felonies committed by their servants,pupils, workmen, apprentices, or employees inthe discharge of their duties.

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;

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3. Indemnification for consequentialdamages.

Art. 105. Restitution; How made. Therestitution of the thing itself must be madewhenever possible, with allowance for anydeterioration, or diminution of value asdetermined by the court.

The thing itself shall be restored, even thoughit be found in the possession of a third personwho has acquired it by lawful means, savingto the latter his action against the properperson, who may be liable 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 action forits recovery.

Art. 106. Reparation; How made. The courtshall determine the amount of damage, takinginto consideration the price of the thing,whenever possible, and its special sentimentalvalue to the injured party, and reparationshall be made accordingly.chan robles virtuallaw library

Art. 107. Indemnification; What is included. Indemnification for consequential damagesshall include not only those caused theinjured party, but also those suffered by hisfamily or by a third person by reason of thecrime.

Art. 108. Obligation to make restoration,reparation for damages, or indemnification forconsequential damages and actions to demandthe same; Upon whom it devolves. Theobligation to make restoration or reparationfor damages and indemnification forconsequential damages devolves upon theheirs of the person liable.

The action to demand restoration, reparation,and indemnification likewise descends to theheirs of the person injured.

Art. 109. Share of each person civilly liable. If there are two or more persons civilly liablefor a felony, the courts shall determine theamount for which each must respond.

Art. 110. Several and subsidiary liability ofprincipals, accomplices and accessories of afelony; Preference in payment. Notwithstanding the provisions of the nextpreceding article, the principals, accomplices,and accessories, each within their respectiveclass, shall be liable severally (in solidum)among themselves for their quotas, andsubsidiaries for those of the other personsliable.

The subsidiary liability shall be enforced, firstagainst 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 made

shall have a right of action against the othersfor the amount of their respective shares.

Art. 111. Obligation to make restitution incertain cases. Any person who hasparticipated gratuitously in the proceeds of afelony shall be bound to make restitution inan amount equivalent to the extent of suchparticipation.

Chapter ThreeEXTINCTION AND SURVIVAL OF

CIVILLIABILITY

Art. 112. Extinction of civil liability. Civilliability established in Articles 100, 101, 102,and 103 of this Code shall be extinguished inthe same manner as obligations, inaccordance with the provisions of the CivilLaw.

.Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liabilityas provided in the next preceding article theoffender shall continue to be obliged to satisfythe civil liability resulting from the crimecommitted by him, notwithstanding the factthat he has served his sentence consisting ofdeprivation of liberty or other rights, or hasnot been required to serve the same by reasonof amnesty, pardon, commutation of sentenceor any other reason.

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