

Revised Penal Code of the Philippines Book One Articles 1- 113 Book Two Articles 114-367
THE ANTI-BOUNCING CHECK LAW Batas Pambansa Bilang 22
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No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).
Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.
Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.
Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any person who:
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.
Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality.
Art. 120. Correspondence with hostile country. — Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:
2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death.
The same penalty shall be inflicted in case of mutiny on the high seas.
Art. 123. Qualified piracy. — The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances:
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.chan robles virtual law library
In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).
Art. 126. Delaying release. — The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.
Art. 127. Expulsion.
— The penalty of prision correccional shall be imposed upon any public
officer or employee who, not being thereunto authorized by law, shall
expel
any person from the Philippine Islands or shall compel such person to
change
his residence.
If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods.
Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. — In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.
Art. 130. Searching
domicile without witnesses. — The penalty of arresto mayor in its
medium
and maximum periods shall be imposed upon a public officer or employee
who, in cases where a search is proper, shall search the domicile,
papers
or other belongings of any person, in the absence of the latter, any
member
of his family, or in their default, without the presence of two
witnesses
residing in the same locality.
The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings.
The same penalty
shall be imposed upon any public officer or employee who shall prohibit
or hinder any person from addressing, either alone or together with
others,
any petition to the authorities for the correction of abuses or redress
of grievances.
If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods.
Art. 133. Offending
the religious feelings. — The penalty of arresto mayor in its
maximum
period to prision correccional in its minimum period shall be imposed
upon
anyone who, in a place devoted to religious worship or during the
celebration
of any religious ceremony shall perform acts notoriously offensive to
the
feelings of the faithful.
Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).
Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.
Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.
Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua.
Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.
Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).
Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. — The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).
Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).
Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Reinstated by E.O. No. 187).
Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.
Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).
Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).
Art. 142. Inciting
to sedition. — The penalty of prision correccional in its maximum
period
and a fine not exceeding 2,000 pesos shall be imposed upon any person
who,
without taking any direct part in the crime of sedition, should incite
others to the accomplishment of any of the acts which constitute
sedition,
by means of speeches, proclamations, writings, emblems, cartoons,
banners,
or other representations tending to the same end, or upon any person or
persons who shall utter seditious words or speeches, write, publish, or
circulate scurrilous libels against the Government (of the United
States
or the Government of the Commonwealth) of the Philippines, or any of
the
duly constituted authorities thereof, or which tend to disturb or
obstruct
any lawful officer in executing the functions of his office, or which
tend
to instigate others to cabal and meet together for unlawful purposes,
or
which suggest or incite rebellious conspiracies or riots, or which lead
or tend to stir up the people against the lawful authorities or to
disturb
the peace of the community, the safety and order of the Government, or
who shall knowingly conceal such evil practices. (Reinstated
by E.O. No. 187).
Art. 144. Disturbance
of proceedings. — The penalty of arresto mayor or a fine from 200
to
1,000 pesos shall be imposed upon any person who disturbs the meetings
of the National Assembly (Congress of the Philippines) or of any of its
committees or subcommittees, constitutional commissions or committees
or
divisions thereof, or of any provincial board or city or municipal
council
or board, or in the presence of any such bodies should behave in such
manner
as to interrupt its proceedings or to impair the respect due it. (Reinstated
by E.O. No. 187).
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph.
As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187).
Art. 147. Illegal
associations. — The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 1,000 pesos shall be
imposed
upon the founders, directors, and presidents of associations totally or
partially organized for the purpose of committing any of the crimes
punishable
under this Code or for some purpose contrary to public morals. Mere
members
of said associations shall suffer the penalty of arresto mayor.
(Reinstated by E.O. No. 187).
Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.
Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. — The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official.
Art. 151. Resistance and disobedience to a person in authority or the agents of such person. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.
When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.
Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.
In applying
the provisions of Articles 148 and 151 of this Code, teachers,
professors
and persons charged with the supervision of public or duly recognized
private
schools, colleges and universities, and lawyers in the actual
performance
of their professional duties or on the occasion of such performance,
shall
be deemed persons in authority. (As amended by PD No.
299,
Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).
The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.
The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.
The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed.
Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:
2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;
3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.
If the escape
of the prisoner shall take place outside of said establishments by
taking
the guards by surprise, the same penalties shall be imposed in their
minimum
period.
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. — A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.
Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.
Art. 159. Other
cases of evasion of service of sentence. — The penalty of prision
correccional
in its minimum period shall be imposed upon the convict who, having
been
granted conditional pardon by the Chief Executive, shall violate any of
the conditions of such pardon. However, if the penalty remitted by the
granting of such pardon be higher than six years, the convict shall
then
suffer the unexpired portion of his original sentence.
Any convict
of the class referred to in this article, who is not a habitual
criminal,
shall be pardoned at the age of seventy years if he shall have already
served out his original sentence, or when he shall complete it after
reaching
the said age, unless by reason of his conduct or other circumstances he
shall not be worthy of such clemency.
Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.
Art. 162. Using
forged signature or counterfeit seal or stamp. — The penalty of
prision
mayor shall be imposed upon any person who shall knowingly make use of
the counterfeit seal or forged signature or stamp mentioned in the
preceding
article.
2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below ten-centavo denomination.
3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).
Art. 165. Selling
of false or mutilated coin, without connivance. — The person who
knowingly,
although without the connivance mentioned in the preceding articles,
shall
possess false or mutilated coin with intent to utter the same, or shall
actually utter such coin, shall suffer a penalty lower by one degree
than
that prescribed in said articles.
The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature.
2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same.
3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited document was issued by a foreign government.
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.
Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. — Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles.
Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of the following means:
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:
2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same.
Any person who
shall use such falsified dispatch to the prejudice of a third party or
with the intent of cause such prejudice, shall suffer the penalty next
lower in degree.
2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances.
Art. 175. Using
false certificates. — The penalty of arresto menor shall be imposed
upon any one who shall knowingly use any of the false certificates
mentioned
in the next preceding article.
Any person who,
with the intention of using them, shall have in his possession any of
the
instruments or implements mentioned in the preceding paragraphs, shall
suffer the penalty next lower in degree than that provided therein.
Art. 178. Using fictitious name and concealing true name. — The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage.
Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200 pesos.
Art. 179. Illegal
use of uniforms or insignia. — The penalty of arresto mayor shall
be
imposed upon any person who shall publicly and improperly make use of
insignia,
uniforms or dress pertaining to an office not held by such person or to
a class of persons of which he is not a member.
2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua;
3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted.
Art. 181. False testimony favorable to the defendants. — Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case.
Art. 182. False testimony in civil cases. — Any person found guilty of false testimony in a civil case shall suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot be estimated.
Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.
Art. 184. Offering
false testimony in evidence. — Any person who shall knowingly
offer
in evidence a false witness or testimony in any judicial or official
proceeding,
shall be punished as guilty of false testimony and shall suffer the
respective
penalties provided in this section.
Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:
2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market;
3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, or imported merchandise or object of commerce is used.
Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.
Whenever any
of the offenses described above is committed by a corporation or
association,
the president and each one of its agents or representatives in the
Philippines
in case of a foreign corporation or association, who shall have
knowingly
permitted or failed to prevent the commission of such offense, shall be
held liable as principals thereof.
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the rest of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark.
Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon:
2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-name or trade- mark has been fraudulently used in such goods as described in the preceding subdivision;
3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark of some other person, or a colorable imitation of such mark; or
4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection with the sale or advertising of his services.
A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising.
Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description. — The penalty provided in the next proceeding article shall be imposed upon:
2. Any person who shall affix, apply, annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or representation and shall sell such goods or services.
3. Any person who by means of false or fraudulent representation or declarations orally or in writing or by other fraudulent means shall procure from the patent office or from any other office which may hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry respecting a trade-name, trade-mark or service mark.
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian hemp, their derivatives, and all preparations made from them or any of them, and such other drugs, whether natural or synthetic, having physiological action as a narcotic drug.
"Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use.chan robles virtual law library
"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza, churruz, and ganjah embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival, from which the resin has not been extracted, including all other geographic varieties whether used as reefers, resin, extract, tincture or in any other form whatsoever.
By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habit-forming.
2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law.]
2. Any person who, not being included in the provisions of the next preceding article, shall knowingly visit any dive or resort of the character referred to above.]
[The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another prohibited drug.]
[Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug.
[The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima facie evidence that its possessor has used said drug.]
[Art. 194. Prescribing
opium unnecessary for a patient. — The penalty of prision
correccional
or a fine ranging from 300 to 10,000 pesos, or both shall be imposed
upon
any physician or dentist who shall prescribe opium for any person whose
physical condition does not require the use of the same.]
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period.
(c) The penalty
of prision correccional in its medium degree shall be imposed upon any
person who shall, knowingly and without lawful purpose, have in his
possession
and lottery list, paper or other matter containing letters, figures,
signs
or symbols which pertain to or are in any manner used in the game of
jueteng
or any similar game which has taken place or about to take place.
Art. 196.
Importation, sale and possession of lottery tickets or advertisements.
— The penalty of arresto mayor in its maximum period to prision
correccional
in its minimum period or a fine ranging from 200 to 2,000 pesos, or
both,
in the discretion of the court, shall be imposed upon any person who
shall
import into the Philippine Islands from any foreign place or port any
lottery
ticket or advertisement or, in connivance with the importer, shall sell
or distribute the same.
Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.
The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.
Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests.
Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom.
For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission.
Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon:
2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon:
(2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts;
(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969).
2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;
5. Prostitutes.
Any person found
guilty of any of the offenses covered by this articles shall be
punished
by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism,
by arresto mayor in its medium period to prision correccional in its
minimum
period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion
of the court.
Art. 205. Judgment rendered through negligence. — Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification.
Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension.
Art. 207. Malicious delay in the administration of justice. — The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice.
Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.
Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets. — In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity.
The same penalty
shall be imposed upon an attorney-at-law or solicitor
(procurador
judicial) who, having undertaken the defense of a client or having
received confidential information from said client in a case, shall
undertake
the defense of the opposing party in the same case, without the consent
of his first client.
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute