Book 1 Criminal Law

7/31/2019 Book 1 Criminal Law

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ACT NO. 3815AN ACT REVISING THE PENAL CODE AND OTHER

PENAL LAWS(December 8, 1930)

Preliminary ArticleThis law shall be knownas "The Revised Penal Code."

BOOK ONEGENERAL PROVISIONS REGARDING THE DATE OF

ENFORCEMENT AND APPLICATION OF THEPROVISIONS

OF THIS CODE, AND REGARDING THE OFFENSES,

THE

PERSONS LIABLE AND THE PENALTIESPreliminary Title

DATE OF EFFECTIVENESS AND APPLICATIONOF THEPROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. This Codeshall 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 of preferentialapplication, the provisions of this Code shall beenforced not only within the Philippine Archipelago,including its atmosphere, its interior waters andmaritime zone, but also outside of its jurisdiction,against those who:

1. Should commit an offense while on aPhilippine ship or airship2. Should forge or counterfeit any coin orcurrency note of the Philippine Islands orobligations and securities issued by theGovernment of the Philippine Islands;chanrobles virtual law library3. Should be liable for acts connected with theintroduction into these islands of theobligations and securities mentioned in the

presiding number;4. While being public officers or employees,

should commit an offense in the exercise oftheir functions; or5. Should commit any of the crimes againstnational security and the law of nations,defined in Title One of Book Two of this Code.

Title OneFELONIES AND CIRCUMSTANCES

WHICHAFFECT CRIMINAL LIABILITYChapter OneFELONIES

Art. 3. Definitions.Acts and omissions punishableby law are felonies (delitos).Felonies are committed not only be means of deceit(dolo) but also by means of fault (culpa).


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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 liability shall

be incurred:1. By any person committing a felony (delito)although the wrongful act done be differentfrom that which he intended.2. By any person performing an act which

would be an offense against persons orproperty, were it not for the inherent

impossibility of its accomplishment or anaccount of the employment 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 deem proper torepress and which is not punishable by law, it shallrender the proper decision, and shall report to the

Chief Executive, through the Department of Justice,the reasons which induce the court to believe thatsaid act should be made the subject of legislation.In the same way, the court shall submit to the ChiefExecutive, through the Department of Justice, suchstatement as may be deemed proper, withoutsuspending the execution of the sentence, when astrict enforcement of the provisions of this Code

would result in the imposition of a clearly excessivepenalty, taking into consideration the degree ofmalice and the injury caused by the offense.Art. 6. Consummated, frustrated, and attempted

felonies.

Consummated felonies as well as thosewhich are frustrated and attempted, are punishable.A felony is consummated when all the elementsnecessary for its execution and accomplishment arepresent; and it is frustrated when the offenderperforms all the acts of execution which would

produce the felony as a consequence but which,nevertheless, do not produce it by reason of causesindependent of the will of the perpetrator.There is an attempt when the offender commencesthe commission of a felony directly or over acts, anddoes not perform all the acts of execution whichshould produce the felony by reason of some cause

or accident other than this own spontaneousdesistance.Art. 7. When light felonies are punishable. Lightfelonies are punishable only when they have beenconsummated, with the exception of those

committed against person or property.chan roblesvirtual law libraryArt. 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony arepunishable only in the cases in which the lawspecially provides a penalty therefor.


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A conspiracy exists when two or more persons cometo an agreement concerning the commission of afelony and decide to commit it.There is proposal when the person who has decidedto commit a felony proposes its execution to someother person or persons.Art. 9. Grave felonies, less grave felonies and light

felonies. Grave felonies are those to which the lawattaches the capital punishment or penalties whichin any of their periods are afflictive, in accordance

with Art. 25 of this Code.Less grave felonies are those which the law punishes

with penalties which in their maximum period arecorrectional, in accordance with the above-mentioned Art..Light felonies are those infractions of law for thecommission of which a penalty of arrest menor or afine not exceeding 200 pesos or both; is provided.Art. 10. Offenses not subject to the provisions ofthis Code.Offenses which are or in the future maybe punishable under special laws are not subject to

the provisions of this Code. This Code shall besupplementary to such laws, unless the latter shouldspecially provide the contrary.

Chapter TwoJUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCESWHICH EXEMPT FROMCRIMINAL LIABILITY

Art. 11. Justifying circumstances.The followingdo not incur any criminal liability:

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

First. Unlawful aggression.Second. Reasonable necessity of themeans employed to prevent or repel it.Third. Lack of sufficient provocation onthe part of the person defendinghimself.

2. Any one who acts in defense of the personor rights of his spouse, ascendants,descendants, or legitimate, natural or adopted

brothers or sisters, or his relatives by affinityin the same degrees and those consanguinitywithin the fourth civil degree, provided thatthe first and second requisites prescribed inthe next preceding circumstance are present,and the further requisite, in case therevocation was given by the person attacked,that the one making defense had no parttherein.


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3. Anyone who acts in defense of the person orrights of a stranger, provided that the first andsecond requisites mentioned in the firstcircumstance of this Art. are present and thatthe person defending be not induced by

revenge, resentment, or other evil motive.4. Any person who, in order to avoid an evil orinjury, does not act which causes damage toanother, provided that the following requisitesare present;

First. That the evil sought to be avoidedactually exists;Second. That the injury feared begreater than that done to avoid it;Third. That there be no other practicaland less harmful means of preventing it.

5. Any person who acts in the fulfillment of aduty or in the lawful exercise of a right oroffice.6. Any person who acts in obedience to anorder issued by a superior for some lawfulpurpose.

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

liability:1. An imbecile or an insane person, unless thelatter has acted during a lucid interval.

When the imbecile or an insane person hascommitted an act which the law defines as afelony (delito), the court shall order hisconfinement in one of the hospitals orasylums established for persons thus afflicted,

which he shall not be permitted to leavewithout first obtaining the permission of the

same court.2. A person under nine years of age.3. A person over nine years of age and under

fifteen, unless he has acted with discernment,in which case, such minor shall be proceededagainst in accordance with the provisions of

Art. 80 of this Code.

When such minor is adjudged to be criminallyirresponsible, the court, in conformably withthe provisions of this and the preceding

paragraph, shall commit him to the care andcustody of his family who shall be chargedwith his surveillance and education otherwise,he shall be committed to the care of someinstitution or person mentioned in saidArt.80.4. Any person who, while performing a lawfulact with due care, causes an injury by mereaccident without fault or intention ofcausingit.5. Any person who act under the compulsionof irresistible force.


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6. Any person who acts under the impulse ofan uncontrollable fear of an equal or greaterinjury.7. Any person who fails to perform an actrequired by law, when prevented by somelawful insuperable cause.

Chapter ThreeCIRCUMSTANCES WHICH MITIGATECRIMINAL

LIABILITYArt. 13. Mitigating circumstances. The followingare mitigating circumstances;

1. Those mentioned in the preceding chapter,

when all the requisites necessary to justify orto exempt from criminal liability in therespective cases are not attendant.2. That the offender is under eighteen year ofage or over seventy years. In the case of theminor, he shall be proceeded against in

accordance with the provisions of Art. 80.3. That the offender had no intention tocommit so grave a wrong as that committed.4. That sufficient provocation or threat on thepart of the offended party immediatelypreceded the act.5. That the act was committed in theimmediate vindication of a grave offense tothe one committing the felony (delito), his

spouse, ascendants, or relatives by affinitywithin the same degrees.6. That of having acted upon an impulse sopowerful as naturally to have producedpassion or obfuscation.7. That the offender had voluntarilysurrendered himself to a person in authorityor his agents, or that he had voluntarilyconfessed his guilt before the court prior tothe presentation of the evidence for the

prosecution;8. That the offender is deaf and dumb, blind or

otherwise suffering some physical defectwhich thus restricts his means of action,defense, or communications with his fellowbeings.9. Such illness of the offender as woulddiminish the exercise of the will-power of theoffender without however depriving him of theconsciousness of his acts.chan robles virtuallaw library10. And, finally, any other circumstances of asimilar nature and analogous to those abovementioned.

Chapter FourCIRCUMSTANCE WHICH AGGRAVATECRIMINAL

LIABILITY


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

1. That advantage be taken by the offender ofhis public position.2. That the crime be committed in contempt

or with insult to the public authorities.3. That the act be committed with insult or indisregard of the respect due the offendedparty on account of his rank, age, or sex, orthat is be committed in the dwelling of theoffended party, if the latter has not givenprovocation.4. That the act be committed with abuse ofconfidence or obvious ungratefulness.5. That the crime be committed in the palaceof the Chief Executive or in his presence, orwhere public authorities are engaged in thedischarge of their duties, or in a placededicated to religious worship.6. That the crime be committed in the night

time, or in an uninhabited place, or by a band,

whenever such circumstances may facilitatethe commission of the offense.Whenever more than three armed malefactorsshall have acted together in the commissionof an offense, it shall be deemed to have beencommitted by a band.

7. That the crime be committed on theoccasion of a conflagration, shipwreck,earthquake, epidemic or other calamity ormisfortune.8. That the crime be committed with the aidof armed men or persons who insure or affordimpunity.9. That the accused is a recidivist.A recidivist is one who, at the time of his trialfor one crime, shall have been previouslyconvicted by final judgment of another crimeembraced in the same title of this Code.10. That the offender has been previously

punished by an offense to which the lawattaches an equal or greater penalty or for twoor more crimes to which it attaches a lighterpenalty.11. That the crime be committed inconsideration of a price, reward, or promise.12. That the crime be committed by means of

inundation, fire, poison, explosion, strandingof a vessel or international damage thereto,derailment of a locomotive, or by the use ofany other artifice involving great waste andruin.13. That the act be committed with evidencepremeditation.


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14. That the craft, fraud or disguise beemployed.15. That advantage be taken of superiorstrength, or means be employed to weaken thedefense.16. That the act be committed with treachery(alevosia).There is treachery when the offender commitsany of the crimes against the person,employing means, methods, or forms in theexecution thereof which tend directly andspecially to insure its execution, without risk

to himself arising from the defense which theoffended party might make.17. That means be employed or circumstancesbrought about which add ignominy to thenatural effects of the act.18. That the crime be committed after anunlawful entry.There is an unlawful entry when an entrance

of a crime a wall, roof, floor, door, or windowbe broken.20. That the crime be committed with the aidof persons under fifteen years of age or bymeans of motor vehicles, motorizedwatercraft, airships, or other similarmeans. (As amended by RA 5438).

21. That the wrong done in the commission ofthe crime be deliberately augmented bycausing other wrong not necessary for itscommissions.

Chapter FiveALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. Alternative circumstancesare those which must be taken into consideration asaggravating or mitigating according to the natureand effects of the crime and the other conditionsattending its commission. They are the relationship,intoxication and the degree of instruction andeducation of the offender.The alternative circumstance of relationship shall betaken into consideration when the offended party inthe spouse, ascendant, descendant, legitimate,natural, or adopted brother or sister, or relative byaffinity in the same degrees of the offender.The intoxication of the offender shall be taken intoconsideration as a mitigating circumstances whenthe offender has committed a felony in a state ofintoxication, if the same is not habitual or

subsequent to the plan to commit said felony butwhen the intoxication is habitual or intentional, itshall be considered as an aggravating circumstance.


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Title TwoPERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. The following

are criminally liable for grave and less grave felonies:1. Principals.2. Accomplices.3. Accessories.

The following are criminally liable for light felonies:1. Principals2. Accomplices.

Art. 17. Principals. The following are consideredprincipals:

1. Those who take a direct part in theexecution of the act;2. Those who directly force or induce othersto commit it;3. Those who cooperate in the commission of

the offense by another act without which itwould not have been accomplished.

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 those who,having knowledge of the commission of the crime,and without having participated therein, either asprincipals or accomplices, take part subsequent toits commission in any of the following manners:chan

robles virtual law library1. By profiting themselves or assisting theoffender to profit by the effects of the crime.2. By concealing or destroying the body of thecrime, or the effects or instruments thereof,in order to prevent its discovery.3. By harboring, concealing, or assisting in the

escape of the principals of the crime, providedthe accessory acts with abuse of his publicfunctions or whenever the author of the crimeis guilty of treason, parricide, murder, or anattempt to take the life of the ChiefExecutive, or is known to be habitually guiltyof some other crime.

Art. 20. Accessories who are exempt from criminalliability. The penalties prescribed for accessoriesshall not be imposed upon those who are such with

respect to their spouses, ascendants, descendants,legitimate, natural, and adopted brothers andsisters, or relatives by affinity within the samedegrees, with the single exception of accessoriesfalling within the provisions of paragraph 1 of thenext preceding article.


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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 precedingclasses:

Fine, andBond to keep the peace.

Accessory Penalties

Perpetual or temporary absolutedisqualification,Perpetual or temporary specialdisqualification,Suspension from public office, the right to

vote and be voted for, the profession orcalling.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 single of asan alternative penalty, shall be considered anafflictive penalty, if it exceeds 6,000 pesos; acorrectional penalty, if it does not exceed 6,000pesos but is not less than 200 pesos; and a lightpenalty if it less than 200 pesos.

Chapter ThreeDURATION AND EFFECTS OF PENALTIES

Section One. Duration of PenaltiesArt. 27. Reclusion perpetua. Any personsentenced to any of the perpetual penalties shall bepardoned after undergoing the penalty for thirtyyears, unless such person by reason of his conduct

or some other serious cause shall be considered bythe Chief Executive as unworthy of pardon.Reclusion temporal. The penalty of reclusiontemporal shall be from twelve years and one day totwenty years.Prision mayor and temporary disqualification.The duration of the penalties of prision mayor and


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temporary disqualification shall be from six yearsand one day to twelve years, except when thepenalty of disqualification is imposed as anaccessory penalty, in which case its duration shallbe that of the principal penalty.Prision correccional, suspension, and destierro.The duration of the penalties of prision correccional,suspension and destierro shall be from six monthsand one day to six years, except when suspension isimposed as an accessory penalty, in which case, itsduration shall be that of the principal penalty.Arresto mayor. The duration of the penalty ofarresto mayor shall be from one month and one day

to six months.

Arresto menor. The duration of the penalty ofarresto menor shall be from one day to thirty days.Bond to keep the peace. The bond to keep thepeace shall be required to cover such period of timeas the court may determine.Art. 28. Computation of penalties. If the offendershall be in prison, the term of the duration of the

temporary penalties shall be computed from the dayon which the judgment of conviction shall havebecome final.If the offender be not in prison, the term of theduration of the penalty consisting of deprivation ofliberty shall be computed from the day that theoffender is placed at the disposal of the judicialauthorities for the enforcement of the penalty. The

duration of the other penalties shall be computedonly from the day on which the defendantcommences to serve his sentence.Art. 29. Period of preventive imprisonment deducted

from term of imprisonment.

Offenders who haveundergone preventive imprisonment shall becredited in the service of their sentence consistingof deprivation of liberty, with the full time duringwhich they have undergone preventiveimprisonment, if the detention prisoner agreesvoluntarily in writing to abide by the samedisciplinary rules imposed upon convicted prisoners,except in the following cases:

1. When they are recidivists or have beenconvicted previously twice or more times ofany crime; and2. When upon being summoned for theexecution of their sentence they have failed tosurrender voluntarily.

If the detention prisoner does not agree to abide bythe same disciplinary rules imposed upon convictedprisoners, he shall be credited in the service of his

sentence with four-fifths of the time during which hehas undergone preventive imprisonment. (Asamended by Republic Act 6127, June 17, 1970).Whenever an accused has undergone preventiveimprisonment for a period equal to or more than thepossible maximum imprisonment of the offensecharged to which he may be sentenced and his caseis not yet terminated, he shall be released


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immediately without prejudice to the continuationof the trial thereof or the proceeding on appeal, ifthe same is under review. In case the maximumpenalty to which the accused may be sentenced isdestierro, he shall be released after thirty (30) days

of preventive imprisonment. (As amended by E.O.No. 214, July 10, 1988).

Section Two. Effects of the penaltiesaccording totheir respective nature

Art. 30. Effects of the penalties of perpetual ortemporary absolute disqualification. Thepenalties of perpetual or temporary absolutedisqualification for public office shall produce thefollowing effects:

1. The deprivation of the public offices andemployments which the offender may haveheld even if conferred by popular election.2. The deprivation of the right to vote in anyelection for any popular office or to be electedto such office.3. The disqualification for the offices or public

employments and for the exercise of any ofthe rights mentioned.In case of temporary disqualification, suchdisqualification as is comprised in paragraphs2 and 3 of this article shall last during theterm of the sentence.

4. The loss of all rights to retirement pay orother pension for any office formerly held.

Art. 31. Effect of the penalties of perpetual ortemporary special disqualification. The penalties

of perpetual or temporal special disqualification forpublic office, profession or calling shall produce thefollowing effects:

1. The deprivation of the office, employment,profession or calling affected;2. The disqualification for holding similaroffices or employments either perpetually orduring the term of the sentence according tothe extent of such disqualification.

Art. 32. Effect of the penalties of perpetual ortemporary special disqualification for the exerciseof the right of suffrage. The perpetual ortemporary special disqualification for the exercise ofthe right of suffrage shall deprive the offenderperpetually or during the term of the sentence,according to the nature of said penalty, of the rightto vote in any popular election for any public officeor to be elected to such office. Moreover, theoffender shall not be permitted to hold any public

office during the period of his disqualification.Art. 33. Effects of the penalties of suspension fromany public office, profession or calling, or the rightof suffrage. The suspension from public office,profession or calling, and the exercise of the right ofsuffrage shall disqualify the offender from holdingsuch office or exercising such profession or callingor right of suffrage during the term of the sentence.


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The person suspended from holding public officeshall not hold another having similar functionsduring the period of his suspension.Art. 34. Civil interdiction. Civil interdiction shall

deprive the offender during the time of his sentenceof the rights of parental authority, or guardianship,either as to the person or property of any ward, ofmarital authority, of the right to manage hisproperty and of the right to dispose of such propertyby any act or any conveyance inter vivos.Art. 35. Effects of bond to keep the peace. It shallbe the duty of any person sentenced to give bond tokeep the peace, to present two sufficient sureties

who shall undertake that such person will notcommit the offense sought to be prevented, and thatin case such offense be committed they will pay theamount determined by the court in the judgment, orotherwise to deposit such amount in the office ofthe clerk of the court to guarantee said undertaking.The court shall determine, according to itsdiscretion, the period of duration of the bond.Should the person sentenced fail to give the bond as

required he shall be detained for a period which shallin no case exceed six months, is he shall have beenprosecuted for a grave or less grave felony, and shallnot exceed thirty days, if for a light felony.Art. 36. Pardon; its effect. A pardon shall notwork the restoration of the right to hold publicoffice, or the right of suffrage, unless such rights beexpressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit fromthe payment of the civil indemnity imposed uponhim by the sentence.Art. 37. Cost; What are included. Costs shall

include fees and indemnities in the course of thejudicial proceedings, whether they be fixed orunalterable amounts previously determined by lawor regulations in force, or amounts not subject toschedule.Art. 38. Pecuniary liabilities; Order of payment.In case the property of the offender should not besufficient for the payment of all his pecuniaryliabilities, the same shall be met in the following

order:1. The reparation of the damage caused.2. Indemnification of consequential damages.3. The fine.4. The cost of the proceedings.

Art. 39. Subsidiary penalty. If the convict has no

property with which to meet the fine mentioned inthe paragraph 3 of the nest preceding article, heshall be subject to a subsidiary personal liability atthe rate of one day for each eight pesos, subject tothe following rules:

1. If the principal penalty imposed be prisioncorreccional or arresto and fine, he shallremain under confinement until his finereferred to in the preceding paragraph is


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satisfied, but his subsidiary imprisonmentshall not exceed one-third of the term of thesentence, and in no case shall it continue formore than one year, and no fraction or part ofa day shall be counted against the prisoner.2. When the principal penalty imposed be onlya fine, the subsidiary imprisonment shall notexceed six months, if the culprit shall havebeen prosecuted for a grave or less gravefelony, and shall not exceed fifteen days, if fora light felony.3. When the principal imposed is higher thanprision correccional, no subsidiary

imprisonment shall be imposed upon theculprit.4. If the principal penalty imposed is not to beexecuted by confinement in a penalinstitution, but such penalty is of fixedduration, the convict, during the period oftime established in the preceding rules, shallcontinue to suffer the same deprivations asthose of which the principal penaltyconsists.chan robles virtual law library5. The subsidiary personal liability which theconvict may have suffered by reason of hisinsolvency shall not relieve him, from the finein case his financial circumstances shouldimprove. (As amended by RA 5465, April 21,1969).

Section Three. Penalties in which otheraccessorypenalties

are inherentArt. 40. Death; Its accessory penalties. The death

penalty, when it is not executed by reason ofcommutation or pardon shall carry with it that ofperpetual absolute disqualification and that of civilinterdiction during thirty years following the datesentence, unless such accessory penalties have beenexpressly remitted in the pardon.Art. 41. Reclusion perpetua and reclusion temporal;Their accessory penalties. The penalties ofreclusion perpetua and reclusion temporal shallcarry with them that of civil interdiction for life orduring the period of the sentence as the case maybe, and that of perpetual absolute disqualificationwhich the offender shall suffer even thoughpardoned as to the principal penalty, unless thesame shall have been expressly remitted in thepardon.Art. 42. Prision mayor; Its accessory penalties.The penalty of prision mayor, shall carry with it thatof temporary absolute disqualification and that of

perpetual special disqualification from the right ofsuffrage which the offender shall suffer althoughpardoned as to the principal penalty, unless thesame shall have been expressly remitted in thepardon.Art. 43. Prision correccional; Its accessory

penalties. The penalty of prision correccionalshall carry with it that of suspension from publicoffice, from the right to follow a profession or


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calling, and that of perpetual special disqualificationfrom the right of suffrage, if the duration of saidimprisonment shall exceed eighteen months. Theoffender shall suffer the disqualification provided inthe article although pardoned as to the principal

penalty, unless the same shall have been expresslyremitted 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 the rightof suffrage during the term of the sentence.Art. 45. Confiscation and forfeiture of the proceedsor instruments of the crime. Every penalty

imposed for the commission of a felony shall carrywith it the forfeiture of the proceeds of the crimeand the instruments or tools with which it wascommitted.Such proceeds and instruments or tools shall beconfiscated and forfeited in favor of theGovernment, unless they be property of a thirdperson not liable for the offense, but those articleswhich are not subject of lawful commerce shall bedestroyed.

Chapter FourAPPLICATION OF PENALTIES

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

graduation of the same.

Art. 46. Penalty to be imposed upon principals ingeneral. The penalty prescribed by law for thecommission of a felony shall be imposed upon theprincipals in the commission of such felony.Whenever the law prescribes a penalty for a felony isgeneral terms, it shall be understood as applicable tothe consummated felony.Art. 47. In what cases the death penalty shall notbe imposed.The death penalty shall be imposed inall cases in which it must be imposed under existinglaws, except in the following cases:

1. When the guilty person be more thanseventy years of age.2. When upon appeal or revision of the case bythe Supreme court, all the members thereofare not unanimous in their voting as to thepropriety of the imposition of the deathpenalty. For the imposition of said penalty orfor the confirmation of a judgment of theinferior court imposing the death sentence,the Supreme Court shall render its decision

per curiam, which shall be signed by alljustices of said court, unless some member ormembers thereof shall have been disqualifiedfrom taking part in the consideration of thecase, in which even the unanimous vote andsignature of only the remaining justices shallbe required.


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Art. 48. Penalty for complex crimes. When asingle act constitutes two or more grave or lessgrave felonies, or when an offense is a necessarymeans for committing the other, the penalty for themost serious crime shall be imposed, the same to be

applied in its maximum period.Art. 49. Penalty to be imposed upon the principalswhen the crime committed is different from thatintended. In cases in which the felony committedis different from that which the offender intended tocommit, the following rules shall be observed:

1. If the penalty prescribed for the felonycommitted be higher than that corresponding

to the offense which the accused intended tocommit, the penalty corresponding to thelatter shall be imposed in its maximum period.2. If the penalty prescribed for the felonycommitted be lower than that correspondingto the one which the accused intended tocommit, the penalty for the former shall beimposed in its maximum period.3. The rule established by the next preceding

paragraph shall not be applicable if the actscommitted by the guilty person shall alsoconstitute an attempt or frustration ofanother crime, if the law prescribes a higherpenalty for either of the latter offenses, inwhich case the penalty provided for theattempted or the frustrated crime shall beimposed in its maximum period.

Art. 50. Penalty to be imposed upon principals of afrustrated crime. The penalty next lower indegree than that prescribed by law for theconsummated felony shall be imposed upon theprincipal in a frustrated felony.Art. 51. Penalty to be imposed upon principals ofattempted crimes. A penalty lower by two degreesthan that prescribed by law for the consummatedfelony shall be imposed upon the principals in anattempt to commit a felony.Art. 52. Penalty to be imposed upon accomplices inconsummatedcrime. The penalty next lower indegree than that prescribed by law for the

consummated shall be imposed upon theaccomplices in the commission of a consummatedfelony.Art. 53. Penalty to be imposed upon accessories tothe commission of a consummated felony. Thepenalty lower by two degrees than that prescribed bylaw for the consummated felony shall be imposedupon the accessories to the commission of aconsummated felony.Art. 54. Penalty to imposed upon accomplices in a

frustrated crime. The penalty next lower indegree than prescribed by law for the frustratedfelony shall be imposed upon the accomplices in thecommission of a frustrated felony.Art. 55. Penalty to be imposed upon accessories of a

frustrated crime. The penalty lower by twodegrees than that prescribed by law for the


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frustrated felony shall be imposed upon theaccessories to the commission of a frustrated felony.Art. 56. Penalty to be imposed upon accomplices inan attemptedcrime. The penalty next lower indegree than that prescribed by law for an attempt tocommit a felony shall be imposed upon theaccomplices in an attempt to commit the felony.Art. 57. Penalty to be imposed upon accessories ofan attemptedcrime. The penalty lower by twodegrees than that prescribed by law for theattempted felony shall be imposed upon theaccessories to the attempt to commit a felony.Art. 58. Additional penalty to be imposed uponcertainaccessories. Those accessories fallingwithin the terms of paragraphs 3 of Article 19 of thisCode who should act with abuse of their publicfunctions, shall suffer the additional penalty ofabsolute perpetual disqualification if the principaloffender shall be guilty of a grave felony, and that ofabsolute temporary disqualification if he shall beguilty of a less grave felony.Art. 59. Penalty to be imposed in case of failure to

commit the crime because the means employed orthe aims sought are impossible.When the personintending to commit an offense has alreadyperformed the acts for the execution of the same butnevertheless the crime was not produced by reasonof the fact that the act intended was by its natureone of impossible accomplishment or because themeans employed by such person are essentiallyinadequate to produce the result desired by him, the

court, having in mind the social danger and thedegree of criminality shown by the offender, shallimpose upon him the penalty of arresto mayor or afine from 200 to 500 pesos.Art. 60. Exception to the rules established inArticles 50 to 57. The provisions contained inArticles 50 to 57, inclusive, of this Code shall not beapplicable to cases in which the law expresslyprescribes the penalty provided for a frustrated orattempted felony, or to be imposed uponaccomplices or accessories.Art. 61. Rules for graduating penalties. For thepurpose of graduating the penalties which, according

to the provisions of Articles 50 to 57, inclusive, ofthis Code, are to be imposed upon persons guilty asprincipals of any frustrated or attempted felony, oras accomplices or accessories, the following rulesshall be observed:

1. When the penalty prescribed for the felonyis single and indivisible, the penalty nextlower in degrees shall be that immediatelyfollowing that indivisible penalty in therespective graduated scale prescribed in

Article 71 of this Code.2. When the penalty prescribed for the crimeis composed of two indivisible penalties, or ofone or more divisible penalties to be impose totheir full extent, the penalty next lower indegree shall be that immediately following thelesser of the penalties prescribed in therespective graduated scale.


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3. When the penalty prescribed for the crimeis composed of one or two indivisible penalties andthe maximum period of another divisible penalty,the penalty next lower in degree shall be composedof the medium and minimum periods of the proper

divisible penalty and the maximum periods of theproper divisible penalty and the maximum periodof that immediately following in said respectivegraduated scale.

4. when the penalty prescribed for the crime iscomposed of several periods, corresponding todifferent divisible penalties, the penalty next lowerin degree shall be composed of the periodimmediately following the minimum prescribedand of the two next following, which shall be takenfrom the penalty prescribed, if possible; otherwisefrom the penalty immediately following in theabove mentioned respective graduated scale.

5. When the law prescribes a penalty for acrime in some manner not especially provided forin the four preceding rules, the courts, proceedingby analogy, shall impose corresponding penaltiesupon those guilty as principals of the frustratedfelony, or of attempt to commit the same, and

upon accomplices and accessories.

OF THE PROVISIONS OF THECHAPTER

PenaltyPrescribefor thecrime

Penalty to beimposed uponthe principal

in a

frustratedcrime, and

accomplice ina

consummatedcrime

Penalty to beimposed uponthe principal

in an

attemptedcrime, the

accessory inthe

consummatedcrime and theaccomplices

in afrustrated

crime.

Penalty tobe imposedupon the

accessory in

a frustratedcrime, and

theaccomplices

in anattempted

crime

Penalty tbe imposeupon theaccessory

in anattempte

crime

FirstCase Death ReclusionPerpetua ReclusionTemporal Prision Mayor PrisionCorreccionSecondCase ReclusionPerpetuato

DeathReclusionTemporal Prision Mayor PrisionCorreccional ArrestoMayor

ThirdCase ReclusionTemporalin

itsmaximumperiod todeath

PrisionMayorin itsmaximumperiodtoreclusiontemporalin itsmediumperiod

Prisioncorreccionalinits maximumperiodtoprisionmayorin itsmediumperiod

ArrestoMayorin it smaximumperiodtoprisioncorreccionalinits mediumperiod

FineandArrestoMayorin itminimumandmediumperiods

FourthCase PrisionMayorin

its

Prisioncorreccionalinits maximum

Arrestomayorin itsmaximum

FineandArrestoMayorin its

Fine.


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maximumperiodtoreclusiontemporal in

its mediumperiod.

periodtoprisionmayorin itsmedium

period.

periodtoprisioncorreccionalinits medium

period.

minimumand mediumperiods

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.Mitigatingor aggravating circumstances and habitualdelinquency shall be taken into accountfor the purpose ofdiminishing or increasing thepenalty in conformity with the following rules:

1. Aggravating circumstances which inthemselves constitute a crime speciallypunishable by law or which are included by thelaw in defining a crime and prescribing thepenalty therefor shall not be taken intoaccount for the purpose of increasing thepenalty.

2. The same rule shall apply with respect toany aggravating circumstance inherent in thecrime to such a degree that it must ofnecessity accompany the commission thereof.3. Aggravating or mitigating circumstanceswhich arise from the moral attributes of theoffender, or from his private relations with theoffended party, or from any other personalcause, shall only serve to aggravate ormitigate the liability of the principals,accomplices and accessories as to whom suchcircumstances are attendant.4. The circumstances which consist in thematerial execution of the act, or in the meansemployed to accomplish it, shall serve toaggravate or mitigate the liability of thosepersons only who had knowledge of them atthe time of the execution of the act or theircooperation therein.5. Habitual delinquency shall have thefollowing effects:

(a) Upon a third conviction the culpritshall be sentenced to the penaltyprovided by law for the last crime ofwhich he be found guilty and to theadditional penalty of prisioncorreccional in its medium andmaximum periods;


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(b) Upon a fourth conviction, the culpritshall be sentenced to the penaltyprovided for the last crime of which hebe found guilty and to the additionalpenalty of prision mayor in its

minimum and medium periods; and(c) Upon a fifth or additional conviction,the culprit shall be sentenced to thepenalty provided for the last crime ofwhich he be found guilty and to theadditional penalty of prision mayor inits maximum period to reclusiontemporal in its minimum period.

Notwithstanding the provisions of this article, thetotal of the two penalties to be imposed upon theoffender, in conformity herewith, shall in no caseexceed 30 years.For the purpose of this article, a person shall bedeemed to be habitual delinquent, is within a periodof ten years from the date of his release or lastconviction of the crimes of serious or less seriousphysical injuries, robo, hurto, estafa or falsification,he is found guilty of any of said crimes a third time

or oftener.Art. 63. Rules for the application of indivisible

penalties. In all cases in which the law prescribesa single indivisible penalty, it shall be applied by thecourts regardless of any mitigating or aggravatingcircumstances that may have attended thecommission of the deed.

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

1. When in the commission of the deed there

is present only one aggravating circumstance,the greater penalty shall be applied.2. When there are neither mitigating noraggravating circumstances and there is noaggravating circumstance, the lesser penaltyshall be applied.3. When the commission of the act is attendedby some mitigating circumstances and there is

no aggravating circumstance, the lesserpenalty shall be applied.4. When both mitigating and aggravatingcircumstances attended the commission ofthe act, the court shall reasonably allow themto offset one another in consideration of theirnumber and importance, for the purpose ofapplying the penalty in accordance with thepreceding rules, according to the result ofsuch compensation.

Art. 64. Rules for the application of penalties whichcontain three periods. In cases in which thepenalties prescribed by law contain three periods,whether it be a single divisible penalty or composedof three different penalties, each one of which formsa period in accordance with the provisions ofArticles 76 and 77, the court shall observe for theapplication of the penalty the following rules,


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according to whether there are or are not mitigatingor aggravating circumstances:

1. When there are neither aggravating normitigating circumstances, they shall imposethe penalty prescribed by law in its medium

period.2. When only a mitigating circumstances ispresent in the commission of the act, theyshall impose the penalty in its minimumperiod.3. When an aggravating circumstance ispresent in the commission of the act, theyshall impose the penalty in its maximumperiod.4. When both mitigating and aggravatingcircumstances are present, the court shallreasonably offset those of one class againstthe other according to their relative weight.5. When there are two or more mitigatingcircumstances and no aggravatingcircumstances are present, the court shallimpose the penalty next lower to that

prescribed by law, in the period that it maydeem applicable, according to the number andnature of such circumstances.6. Whatever may be the number and nature ofthe aggravating circumstances, the courtsshall not impose a greater penalty than thatprescribed by law, in its maximum period.

7. Within the limits of each period, the courtshall determine the extent of the penaltyaccording to the number and nature of theaggravating and mitigating circumstances andthe greater and lesser extent of the evil

produced by the crime.Art. 65. Rule in cases in which the penalty is notcomposed of three periods. In cases in which thepenalty prescribed by law is not composed of threeperiods, the courts shall apply the rules contained inthe foregoing articles, dividing into three equalportions of time included in the penalty prescribed,and forming one period of each of the threeportions.Art. 66. Imposition of fines. In imposing fines thecourts may fix any amount within the limitsestablished by law; in fixing the amount in each caseattention shall be given, not only to the mitigatingand aggravating circumstances, but moreparticularly to the wealth or means of the culprit.Art. 67. Penalty to be imposed when not all therequisites of exemption of the fourth circumstanceof Article 12 are present.When all the conditions

required in circumstances Number 4 of Article 12 ofthis Code to exempt from criminal liability are notpresent, the penalty of arresto mayor in itsmaximum period to prision correccional in itsminimum period shall be imposed upon the culprit ifhe shall have been guilty of a grave felony, andarresto mayor in its minimum and medium periods,if of a less grave felony.chan robles virtual lawlibrary


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Art. 68. Penalty to be imposed upon a person undereighteen years of age. When the offender is aminor under eighteen years and his case is onecoming under the provisions of the paragraphs nextto the last of Article 80 of this Code, the following

rules shall be observed:1. Upon a person under fifteen but over nineyears of age, who is not exempted fromliability by reason of the court having declaredthat he acted with discernment, adiscretionary penalty shall be imposed, butalways lower by two degrees at least than thatprescribed by law for the crime which hecommitted.2. Upon a person over fifteen and undereighteen years of age the penalty next lowerthan that prescribed by law shall be imposed,but always in the proper period.

Art. 69. Penalty to be imposed when the crimecommitted is not wholly excusable. A penaltylower by one or two degrees than that prescribed bylaw shall be imposed if the deed is not whollyexcusable by reason of the lack of some of the

conditions required to justify the same or to exemptfrom criminal liability in the several casesmentioned in Article 11 and 12, provided that themajority of such conditions be present. The courtsshall impose the penalty in the period which may bedeemed proper, in view of the number and nature ofthe conditions of exemption present or lacking.

Art. 70. Successive service of sentence. When theculprit has to serve two or more penalties, he shallserve them simultaneously if the nature of thepenalties will so permit otherwise, the followingrules shall be observed:In the imposition of the penalties, the order of theirrespective severity shall be followed so that theymay be executed successively or as nearly as may bepossible, should a pardon have been granted as tothe penalty or penalties first imposed, or shouldthey have been served out.For the purpose of applying the provisions of thenext preceding paragraph the respective severity ofthe penalties shall be determined in accordance withthe following scale:

1. Death,2. Reclusion perpetua,3. Reclusion temporal,4. Prision mayor,5. Prision correccional,chan robles virtual lawlibrary6. Arresto mayor,7. Arresto menor,8. Destierro,


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9. Perpetual absolute disqualification,10 Temporal absolute disqualification.11. Suspension from public office, the right to

vote and be voted for, the right to follow aprofession or calling, and12. Public censure.

Notwithstanding the provisions of the rule nextpreceding, the maximum duration of the convict'ssentence shall not be more than three-fold thelength of time corresponding to the most severe ofthe penalties imposed upon him. No other penalty to

which he may be liable shall be inflicted after thesum total of those imposed equals the samemaximum period.Such maximum period shall in no case exceed fortyyears.In applying the provisions of this rule the durationof perpetual penalties (pena perpetua) shall becomputed at thirty years. (As amended).Art. 71. Graduated scales.

In the case in which

the law prescribed a penalty lower or higher by oneor more degrees than another given penalty, therules prescribed in Article 61 shall be observed ingraduating such penalty.The lower or higher penalty shall be taken from thegraduated scale in which is comprised the givenpenalty.

The courts, in applying such lower or higher penalty,shall observe the following graduated 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 absolute disqualification3. Suspension from public office, theright to vote and bevoted for, the right to follow aprofession or calling,


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4. Public censure,5. Fine.

Art. 72. Preference in the payment of the civil

liabilities.

The civil liabilities of a person foundguilty of two or more offenses shall be satisfied byfollowing the chronological order of the dates of the

judgments rendered against him, beginning with thefirst in order of time.Section Three. Provisions common in the lasttwopreceding sectionsArt. 73. Presumption in regard to the imposition ofaccessorypenalties. Whenever the courts shallimpose a penalty which, by provision of law, carrieswith it other penalties, according to the provisionsof Articles 40, 41, 42, 43 and 44 of this Code, itmust be understood that the accessory penalties arealso imposed upon the convict.Art. 74. Penalty higher than reclusion perpetua incertain cases. In cases in which the lawprescribes a penalty higher than another givenpenalty, without specially designating the name of

the former, if such higher penalty should be that ofdeath, the same penalty and the accessory penaltiesof Article 40, shall be considered as the next higherpenalty.Art. 75. Increasing or reducing the penalty of fineby one or more degrees. Whenever it may benecessary to increase or reduce the penalty of fineby one or more degrees, it shall be increased or

reduced, respectively, for each degree, by one-fourthof the maximum amount prescribed by law, withouthowever, changing the minimum.The same rules shall be observed with regard of fines

that do not consist of a fixed amount, but are madeproportional.Art. 76. Legal period of duration of divisible

penalties.The legal period of duration of divisiblepenalties shall be considered as divided into threeparts, forming three periods, the minimum, themedium, and the maximum in the manner shown inthe following table:

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

THEIR PERIODS

Penalties Timeincluded inthe

penalty in itsentiret

y

Timeincluded in itsminimu

mperiod

Timeincluded inits

medium

period

Timeincluded in itsmaximu

m

Reclusion temporal From12yearsand 1day to

From 12yearsand 1day to14 years

From14years,8months

From 17years, 4monthsand 1day to


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20years.

and 8months.

and 1day to17yearsand 4

months.

20years.

Prisionmayor,absolutedisqualificationand specialtemporarydisqualification

From 6yearsand 1day to12years.

From 6yearsand 1day to 8years.



Prisioncorreccional,suspension and destierro

From 6monthsand 1day to6years.

From 6monthsand 1day to 2yearsand 4months.

From 2years,4monthsand 1day to4 yearsand 2months.

From 4years, 2monthsand 1day to 6years.

Arresto mayor From 1month

and 1day tomonths.

From 1to 2

months.

From 2months

and 1day to4months.

From 4months

and 1day to 6months.

Arresto menor From 1to 30days.

From 1to 10days.

From11 to20

From 21to 30days.

days.

Art. 77. When the penalty is a complex onecomposed of three distinct penalties. In cases inwhich the law prescribes a penalty composed ofthree distinct penalties, each one shall form aperiod; the lightest of them shall be the minimumthe next the medium, and the most severe themaximum period.Whenever the penalty prescribed does not have oneof the forms specially provided for in this Code, theperiods shall be distributed, applying by analogy the

prescribed rules.Chapter FiveEXECUTION AND SERVICE OF PENALTIESSection One. General ProvisionsArt. 78. When and how a penalty is to be executed.No penalty shall be executed except by virtue of afinal judgment.A penalty shall not be executed in any other formthan that prescribed by law, nor with any othercircumstances or incidents than those expresslyauthorized thereby.In addition to the provisions of the law, the specialregulations prescribed for the government of the


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institutions in which the penalties are to be sufferedshall be observed with regard to the character of thework to be performed, the time of its performance,and other incidents connected therewith, therelations of the convicts among themselves and

other persons, the relief which they may receive,and their diet.The regulations shall make provision for theseparation of the sexes in different institutions, orat least into different departments and also for thecorrection and reform of the convicts.Art. 79. Suspension of the execution and service ofthe penalties in case of insanity.When a convict

shall become insane or an imbecile after finalsentence has been pronounced, the execution of saidsentence shall be suspended only with regard to thepersonal penalty, the provisions of the secondparagraph of circumstance number 1 of Article 12being observed in the corresponding cases.If at any time the convict shall recover his reason,his sentence shall be executed, unless the penaltyshall have prescribed in accordance with theprovisions of this Code.The respective provisions of this section shall alsobe observed if the insanity or imbecility occurs whilethe convict is serving his sentence.Art. 80. Suspension of sentence of minordelinquents. Whenever a minor of either sex,under sixteen years of age at the date of thecommission of a grave or less grave felony, is

accused thereof, the court, after hearing theevidence in the proper proceedings, instead ofpronouncing judgment of conviction, shall suspendall further proceedings and shall commit such minorto the custody or care of a public or private,

benevolent or charitable institution, establishedunder the law of the care, correction or education oforphaned, homeless, defective, and delinquentchildren, or to the custody or care of any otherresponsible person in any other place subject tovisitation and supervision by the Director of PublicWelfare or any of his agents or representatives, ifthere be any, or otherwise by the superintendent ofpublic schools or his representatives, subject to suchconditions as are prescribed hereinbelow until suchminor shall have reached his majority age or forsuch less period as the court may deem proper. chanrobles virtual law libraryThe court, in committing said minor as providedabove, shall take into consideration the religion ofsuch minor, his parents or next of kin, in order toavoid his commitment to any private institution notunder the control and supervision of the religioussect or denomination to which they belong.The Director of Public Welfare or his duly authorizedrepresentatives or agents, the superintendent ofpublic schools or his representatives, or the personto whose custody or care the minor has beencommitted, shall submit to the court every fourmonths and as often as required in special cases, awritten report on the good or bad conduct of saidminor and the moral and intellectual progress made


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by him.The suspension of the proceedings against a minormay be extended or shortened by the court on therecommendation of the Director of Public Welfare or

his authorized representative or agents, or thesuperintendent of public schools or hisrepresentatives, according as to whether theconduct of such minor has been good or not andwhether he has complied with the conditionsimposed upon him, or not. The provisions of thefirst paragraph of this article shall not, however, beaffected by those contained herein.If the minor has been committed to the custody or

care of any of the institutions mentioned in the firstparagraph of this article, with the approval of theDirector of Public Welfare and subject to suchconditions as this official in accordance with lawmay deem proper to impose, such minor may beallowed to stay elsewhere under the care of aresponsible person.If the minor has behaved properly and has compliedwith the conditions imposed upon him during hisconfinement, in accordance with the provisions of

this article, he shall be returned to the court inorder that the same may order his final release.In case the minor fails to behave properly or tocomply with the regulations of the institution towhich he has been committed or with the conditionsimposed upon him when he was committed to thecare of a responsible person, or in case he should befound incorrigible or his continued stay in such

institution should be inadvisable, he shall bereturned to the court in order that the same mayrender the judgment corresponding to the crimecommitted by him.The expenses for the maintenance of a minordelinquent confined in the institution to which hehas been committed, shall be borne totally orpartially by his parents or relatives or those personsliable to support him, if they are able to do so, in thediscretion of the court; Provided, That in case hisparents or relatives or those persons liable tosupport him have not been ordered to pay saidexpenses or are found indigent and cannot pay saidexpenses, the municipality in which the offense wascommitted shall pay one-third of said expenses; theprovince to which the municipality belongs shall payone-third; and the remaining one-third shall beborne by the National Government: Provided,however, That whenever the Secretary of Financecertifies that a municipality is not able to pay itsshare in the expenses above mentioned, such sharewhich is not paid by said municipality shall be borneby the National Government. Chartered cities shallpay two-thirds of said expenses; and in case achartered city cannot pay said expenses, the

internal revenue allotments which may be due tosaid city shall be withheld and applied in settlementof said indebtedness in accordance with section fivehundred and eighty-eight of the AdministrativeCode.chan robles virtual law library

Section Two. Execution of principal penalties.


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Art. 81. When and how the death penalty is to beexecuted. The death sentence shall be executedwith reference to any other and shall consist inputting the person under sentence to death byelectrocution. The death sentence shall be executed

under the authority of the Director of Prisons,endeavoring so far as possible to mitigate thesufferings of the person under sentence duringelectrocution as well as during the proceedings priorto the execution.If the person under sentence so desires, he shall beanaesthetized at the moment of the electrocution.Art. 82. Notification and execution of the sentence

and assistance to the culprit.

The court shalldesignate a working day for the execution but notthe hour thereof; and such designation shall not becommunicated to the offender before sunrise of saidday, and the execution shall not take place untilafter the expiration of at least eight hours followingthe notification, but before sunset. During theinterval between the notification and the execution,the culprit shall, in so far as possible, be furnishedsuch assistance as he may request in order to beattended in his last moments by priests or ministers

of the religion he professes and to consult lawyers,as well as in order to make a will and confer withmembers of his family or persons in charge of themanagement of his business, of the administrationof his property, or of the care of his descendants.Art. 83. Suspension of the execution of the deathsentence. The death sentence shall not beinflicted upon a woman within the three years next

following the date of the sentence or while she ispregnant, nor upon any person over seventy years ofage. In this last case, the death sentence shall becommuted to the penalty of reclusion perpetua withthe accessory penalties provided in Article 40.Art. 84. Place of execution and persons who maywitness thesame. The execution shall take placein the penitentiary of Bilibid in a space closed to thepublic view and shall be witnessed only by thepriests assisting the offender and by his lawyers, andby his relatives, not exceeding six, if he so request,by the physician and the necessary personnel of thepenal establishment, and by such persons as theDirector of Prisons may authorize.Art. 85. Provisions relative to the corpse of the

person executed and its burial.Unless claimed byhis family, the corpse of the culprit shall, upon thecompletion of the legal proceedings subsequent tothe execution, be turned over to the institute oflearning or scientific research first applying for it,for the purpose of study and investigation, providedthat such institute shall take charge of the decentburial of the remains. Otherwise, the Director ofPrisons shall order the burial of the body of the

culprit at government expense, granting permissionto be present thereat to the members of the familyof the culprit and the friends of the latter. In no caseshall the burial of the body of a person sentenced todeath be held with pomp.chan robles virtual lawlibraryArt. 86. Reclusion perpetua, reclusion temporal,

prision mayor, prision correccional and arresto


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mayor. The penalties of reclusion perpetua,reclusion temporal, prision mayor, prisioncorreccional and arresto mayor, shall be executedand served in the places and penal establishmentsprovided by the Administrative Code in force or

which may be provided by law in the future.Art. 87. Destierro. Any person sentenced todestierro shall not be permitted to enter the place orplaces designated in the sentence, nor within theradius therein specified, which shall be not morethan 250 and not less than 25 kilometers from theplace designated.Art. 88. Arresto menor. The penalty of arresto

menor shall be served in the municipal jail, or in thehouse of the defendant himself under thesurveillance of an officer of the law, when the courtso provides in its decision, taking into considerationthe health of the offender and other reasons whichmay seemsatisfactory to it.

Title FourEXTINCTION OF CRIMINAL LIABILITYChapter OneTOTAL EXTINCTION OF CRIMINAL LIABILITYArt. 89. How criminal liability is totallyextinguished. Criminal liability is totallyextinguished:

1. By the death of the convict, as to thepersonal penalties and as to pecuniary

penalties, liability therefor is extinguishedonly when the death of the offender occursbefore final judgment.2. By service of the sentence;3. By amnesty, which completely extinguishesthe penalty and all its effects;4. By absolute pardon;5. By prescription of the crime;6. By prescription of the penalty;7. By the marriage of the offended woman, asprovided in Article 344 of this Code.

Art. 90. Prescription of crime. Crimes punishableby death, reclusion perpetua or reclusion temporalshall prescribe in twenty years.Crimes punishable by other afflictive penalties shallprescribe in fifteen years.Those punishable by a correctional penalty shallprescribe in ten years; with the exception of thosepunishable by arresto mayor, which shall prescribein five years.The crime of libel or other similar offenses shallprescribe in one year.The crime of oral defamation and slander by deed


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shall prescribe in six months.Light offenses prescribe in two months.chan roblesvirtual law libraryWhen the penalty fixed by law is a compound one,the highest penalty shall be made the basis of theapplication of the rules contained in the first,second and third paragraphs of this article. (Asamended by RA 4661, approved June 19, 1966).Art. 91. Computation of prescription of offenses. The period of prescription shall commence to runfrom the day on which the crime is discovered bythe offended party, the authorities, or their agents,

and shall be interrupted by the filing of thecomplaint or information, and shall commence torun again when such proceedings terminate withoutthe accused being convicted or acquitted, or areunjustifiably stopped for any reason not imputableto him.The term of prescription shall not run when theoffender is absent from the Philippine Archipelago.Art. 92. When and how penalties prescribe. The

penalties imposed by final sentence prescribe asfollows:

1. Death and reclusion perpetua, in twentyyears;2. Other afflictive penalties, in fifteen years;3. Correctional penalties, in ten years; with

the exception of the penalty of arresto mayor,which prescribes in five years;4. Light penalties, in one year.

Art. 93. Computation of the prescription ofpenalties. The period of prescription of penaltiesshall commence to run from the date when theculprit should evade the service of his sentence, andit shall be interrupted if the defendant should givehimself up, be captured, should go to some foreigncountry with which this Government has noextradition treaty, or should commit another crimebefore the expiration of the period of prescription.Chapter TwoPARTIAL EXTINCTION OF CRIMINALLIABILITYArt. 94. Partial Extinction of criminal liability. Criminal liability is extinguished partially:

1. By conditional pardon;2. By commutation of the sentence; and3. For good conduct allowances which theculprit may earn while he is serving his

sentence.Art. 95. Obligation incurred by person grantedconditionalpardon. Any person who has beengranted conditional pardon shall incur the obligationof complying strictly with the conditions imposedtherein otherwise, his non-compliance with any ofthe conditions specified shall result in therevocation of the pardon and the provisions of


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Article 159 shall be applied to him.Art. 96. Effect of commutation of sentence. Thecommutation of the original sentence for another ofa different length and nature shall have the legal

effect of substituting the latter in the place of theformer.Art. 97. Allowance for good conduct. The goodconduct of any prisoner in any penal institutionshall entitle him to the following deductions fromthe period of his sentence:

1. During the first two years of hisimprisonment, he shall be allowed a deduction

of five days for each month of good behavior;

2. During the third to the fifth year, inclusive,of his imprisonment, he shall be allowed adeduction of eight days for each month ofgood behavior;3. During the following years until the tenthyear, inclusive, of his imprisonment, he shallbe allowed a deduction of ten days for eachmonth of good behavior; and4. During the eleventh and successive years ofhis imprisonment, he shall be allowed adeduction of fifteen days for each month ofgood behavior.chan robles virtual law library

Art. 98. Special time allowance for loyalty. Adeduction of one-fifth of the period of his sentenceshall be granted to any prisoner who, having evaded

the service of his sentence under the circumstancesmentioned in Article 58 of this Code, gives himselfup to the authorities within 48 hours following theissuance of a proclamation announcing the passingaway of the calamity or catastrophe to in said

article.Art. 99. Who grants time allowances. Wheneverlawfully justified, the Director of Prisons shall grantallowances for good conduct. Such allowances oncegranted shall not be revoked.

Title FiveCIVIL LIABILITYChapter OnePERSON CIVILLY LIABLE FOR FELONIESArt. 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is alsocivilly liable.Art. 101. Rules regarding civil liability in certaincases. The exemption from criminal liability

established in subdivisions 1, 2, 3, 5 and 6 of Article12 and in subdivision 4 of Article 11 of this Codedoes not include exemption from civil liability,which shall be enforced subject to the followingrules:First. In cases of subdivisions 1, 2, and 3 of Article12, the civil liability for acts committed by animbecile or insane person, and by a person under


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nine years of age, or by one over nine but underfifteen years of age, who has acted withoutdiscernment, shall devolve upon those having suchperson under their legal authority or control, unlessit appears that there was no fault or negligence on

their part.Should there be no person having such insane,imbecile or minor under his authority, legalguardianship or control, or if such person beinsolvent, said insane, imbecile, or minor shallrespond with their own property, excepting propertyexempt from execution, in accordance with the civillaw.Second. In cases falling within subdivision 4 ofArticle 11, the persons for whose benefit the harmhas been prevented shall be civilly liable inproportion to the benefit which they may havereceived.The courts shall determine, in sound discretion, theproportionate amount for which each one shall beliable.When the respective shares cannot be equitably

determined, even approximately, or when theliability also attaches to the Government, or to themajority of the inhabitants of the town, and, in allevents, whenever the damages have been causedwith the 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 5 and 6 of

Article 12, the persons using violence or causing thefears shall be primarily liable and secondarily, or, ifthere be no such persons, those doing the act shallbe liable, saving always to the latter that part oftheir property exempt from execution.Art. 102. Subsidiary civil liability of innkeepers,tavernkeepers and proprietors of establishments. In default of the persons criminally liable,innkeepers, tavernkeepers, and any other persons orcorporations shall be civilly liable for crimescommitted in their establishments, in all caseswhere a violation of municipal ordinances or somegeneral 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 theft withintheir houses from guests lodging therein, or for thepayment of the value thereof, provided that suchguests shall have notified in advance the innkeeperhimself, or the person representing him, of thedeposit of such goods within the inn; and shallfurthermore have followed the directions which suchinnkeeper or his representative may have giventhem with respect to the care and vigilance over

such goods. No liability shall attach in case ofrobbery with violence against or intimidation ofpersons unless committed by the innkeeper'semployees.chan robles virtual law libraryArt. 103. Subsidiary civil liability of other

persons.The subsidiary liability established in thenext preceding article shall also apply to employers,teachers, persons, and corporations engaged in any


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kind of industry for felonies committed by theirservants, pupils, workmen, apprentices, oremployees in the discharge of their duties.

Chapter TwoWHAT CIVIL LIABILITY INCLUDESArt. 104. What is included in civil liability. Thecivil liability established in Articles 100, 101, 102,and 103 of this Code includes:

1. Restitution;2. Reparation of the damage caused;

3. Indemnification for consequential damages.

Art. 105. Restitution; How made. The restitutionof the thing itself must be made whenever possible,with allowance for any deterioration, or diminutionof value as determined by the court.The thing itself shall be restored, even though it befound in the possession of a third person who hasacquired it by lawful means, saving to the latter hisaction against the proper person, who may be liable

to him.This provision is not applicable in cases in which thething has been acquired by the third person in themanner and under the requirements which, by law,bar an action for its recovery.Art. 106. Reparation; How made. The court shalldetermine the amount of damage, taking into

consideration the price of the thing, wheneverpossible, and its special sentimental value to theinjured party, and reparation shall be madeaccordingly.chan robles virtual law libraryArt. 107. Indemnification; What is included.

Indemnification for consequential damages shallinclude not only those caused the injured party, butalso those suffered by his family or by a third personby reason of the crime.Art. 108. Obligation to make restoration, reparation

for damages, or indemnification for consequentialdamages and actions to demand the same; Uponwhom it devolves. The obligation to makerestoration or reparation for damages andindemnification for consequential damages devolvesupon the heirs of the person liable.The action to demand restoration, reparation, andindemnification likewise descends to the heirs of theperson injured.Art. 109. Share of each person civilly liable. Ifthere are two or more persons civilly liable for afelony, the courts shall determine the amount for

which each must respond.Art. 110. Several and subsidiary liability of

principals, accomplices and accessories of a felony;Preference in payment. Notwithstanding theprovisions of the next preceding article, theprincipals, accomplices, and accessories, eachwithin their respective class, shall be liable severally(in solidum) among themselves for their quotas, and


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subsidiaries for those of the other persons liable.The subsidiary liability shall be enforced, firstagainst the property of the principals; next, againstthat of the accomplices, and, lastly, against that of

the accessories.Whenever the liability in solidum or the subsidiaryliability has been enforced, the person by whompayment has been made shall have a right of actionagainst the others for the amount of their respectiveshares.Art. 111. Obligation to make restitution in certaincases. Any person who has participated

gratuitously in the proceeds of a felony shall bebound to make restitution in an amount equivalentto the extent of such participation.

Chapter ThreeEXTINCTION AND SURVIVAL OF CIVILLIABILITYArt. 112. Extinction of civil liability. Civil liabilityestablished in Articles 100, 101, 102, and 103 ofthis Code shall be extinguished in the same manner

as obligations, in accordance with the provisions oftheCivil Law..Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liability asprovided in the next preceding article the offendershall continue to be obliged to satisfy the civilliability resulting from the crime committed by him,notwithstanding the fact that he has served his

sentence consisting of deprivation of liberty or otherrights, or has not been required to serve the same byreason of amnesty, pardon, commutation ofsentence or any other reason.chan robles virtual lawlibrary
http://www.chanrobles.com/civilcodeofthephilippines.htmhttp://www.chanrobles.com/civilcodeofthephilippines.htmhttp://www.chanrobles.com/civilcodeofthephilippines.htmhttp://www.chanrobles.com/civilcodeofthephilippines.htm

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Book 1 Criminal Law