ACT NO.
3815
AN
ACT REVISING
THE PENAL CODE AND OTHER PENAL LAWS(December 8,
1930)
Preliminary
Article — This law shall be known as "The Revised Penal Code."BOOK
ONEGENERAL
PROVISIONS REGARDING THE DATE OFENFORCEMENT
AND APPLICATION OF THE PROVISIONSOF
THIS
CODE, AND REGARDING THE OFFENSES, THEPERSONS
LIABLE AND THE PENALTIES
Preliminary
Title
DATE
OF
EFFECTIVENESS AND APPLICATIONOF
THE
PROVISIONS OF THIS
CODE
Article 1. Time when Act takes effect. — This Code shall take effect on the
first day of January, nineteen hundred and thirty-two.chanrobles virtual law library
Art. 2. Application
of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its atmosphere,
its
interior waters and maritime zone, but also outside of its
jurisdiction,
against those who:
1. Should commit
an offense while on a Philippine ship or airship
2. Should forge
or counterfeit any coin or currency note of the Philippine Islands or
obligations
and securities issued by the Government of the Philippine Islands;
chan robles virtual law library
3. Should be
liable for acts connected with the introduction into these islands of
the
obligations and securities mentioned in the presiding number;
4. While being
public officers or employees, should commit an offense in the exercise
of their functions; or
5. Should commit
any of the crimes against national security and the law of nations,
defined
in Title One of Book Two of this Code.chanrobles virtual law library
Title OneFELONIES
AND CIRCUMSTANCESWHICH
AFFECT CRIMINAL
LIABILITYChapter
OneFELONIES
Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).chanrobles virtual law library
Felonies are
committed not only be means of deceit (dolo) but also by means
of
fault (culpa).chanrobles virtual law library
There is deceit
when the act is performed with deliberate intent and there is fault
when
the wrongful act results from imprudence, negligence, lack of
foresight,
or lack of skill.chanrobles virtual law library
Art. 4. Criminal
liability. — Criminal liability shall be incurred:
1. By any person
committing a felony (delito) although the wrongful act done be
different
from that which he intended.chanrobles virtual law library
2. By any person
performing an act which would be an offense against persons or
property,
were it not for the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual means.chanrobles virtual law library
Art. 5. Duty
of the court in connection with acts which should be repressed but
which
are not covered by the law, and in cases of excessive
penalties.chanrobles virtual law library
— Whenever a court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the proper
decision, and shall report to the Chief Executive, through the
Department
of Justice, the reasons which induce the court to believe that said act
should be made the subject of legislation.chanrobles virtual law library
In the same
way, the court shall submit to the Chief Executive, through the
Department
of Justice, such statement as may be deemed proper, without suspending
the execution of the sentence, when a strict enforcement of the
provisions
of this Code would result in the imposition of a clearly excessive
penalty,
taking into consideration the degree of malice and the injury caused by
the offense.chanrobles virtual law library
Art. 6. Consummated,
frustrated, and attempted felonies. — Consummated felonies as well
as those which are frustrated and attempted, are punishable.chanrobles virtual law library
A felony is
consummated when all the elements necessary for its execution and
accomplishment
are present; and it is frustrated when the offender performs all the
acts
of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator.chanrobles virtual law library
There is an
attempt when the offender commences the commission of a felony directly
or over acts, and does not perform all the acts of execution which
should
produce the felony by reason of some cause or accident other than this
own spontaneous desistance.chanrobles virtual law library
Art. 7. When
light felonies are punishable. — Light felonies are punishable only
when they have been consummated, with the exception of those committed
against person or property.chanrobles virtual law librarychan robles virtual law library
Art. 8. Conspiracy
and proposal to commit felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in which the law specially
provides
a penalty therefor.chanrobles virtual law library
A conspiracy
exists when two or more persons come to an agreement concerning the
commission
of a felony and decide to commit it.chanrobles virtual law library
There is proposal
when the person who has decided to commit a felony proposes its
execution
to some other person or persons.chanrobles virtual law library
Art. 9. Grave
felonies, less grave felonies and light felonies. — Grave felonies
are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Art.
25
of this Code.chanrobles virtual law library
Less grave felonies
are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned Art..chanrobles virtual law library
Light felonies
are those infractions of law for the commission of which a penalty of
arrest
menor or a fine not exceeding 200 pesos or both; is provided.chanrobles virtual law library
Art. 10. Offenses
not subject to the provisions of this Code. — Offenses which are or
in the future may be punishable under special laws are not subject to
the
provisions of this Code. This Code shall be supplementary to such laws,
unless the latter should specially provide the contrary.chanrobles virtual law library
Chapter
TwoJUSTIFYING
CIRCUMSTANCESAND CIRCUMSTANCES
WHICH EXEMPT FROM
CRIMINAL LIABILITY
Art. 11. Justifying
circumstances. — The following do not incur any criminal liability:
1. Anyone who
acts in defense of his person or rights, provided that the following
circumstances
concur;
First. Unlawful
aggression.chanrobles virtual law library
Second. Reasonable
necessity of the means employed to prevent or repel it.chanrobles virtual law library
Third. Lack
of sufficient provocation on the part of the person defending himself.chanrobles virtual law library
2. Any one who
acts in defense of the person or rights of his spouse, ascendants,
descendants,
or legitimate, natural or adopted brothers or sisters, or his relatives
by affinity in the same degrees and those consanguinity within the
fourth
civil degree, provided that the first and second requisites prescribed
in the next preceding circumstance are present, and the further
requisite,
in case the revocation was given by the person attacked, that the one
making
defense had no part therein.chanrobles virtual law library
3. Anyone who
acts in defense of the person or rights of a stranger, provided that
the
first and second requisites mentioned in the first circumstance of this
Art. are present and that the person defending be not induced by
revenge,
resentment, or other evil motive.chanrobles virtual law library
4. Any person
who, in order to avoid an evil or injury, does an act which causes
damage
to another, provided that the following requisites are present;
First. That
the evil sought to be avoided actually exists;
Second. That
the injury feared be greater than that done to avoid it;
Third. That
there be no other practical and less harmful means of preventing it.chanrobles virtual law library
5. Any person who
acts in the fulfillment of a duty or in the lawful exercise of a right
or office.chanrobles virtual law library
6. Any person
who acts in obedience to an order issued by a superior for some lawful
purpose.chanrobles virtual law library
Art. 12. Circumstances
which exempt from criminal liability. — the following are exempt
from
criminal liability:
1. An imbecile
or an insane person, unless the latter has acted during a lucid
interval.chanrobles virtual law library
When the imbecile
or an insane person has committed an act which the law defines as a
felony
(delito), the court shall order his confinement in one of the hospitals
or asylums established for persons thus afflicted, which he shall not
be
permitted to leave without first obtaining the permission of the same
court.chanrobles virtual law library
2. A person
under nine years of age.chanrobles virtual law library
3. A person
over nine years of age and under fifteen, unless he has acted with
discernment,
in which case, such minor shall be proceeded against in accordance with
the provisions of Art. 80 of this Code.chanrobles virtual law library
When such minor
is adjudged to be criminally irresponsible, the court, in conformably
with
the provisions of this and the preceding paragraph, shall commit him to
the care and custody of his family who shall be charged with his
surveillance
and education otherwise, he shall be committed to the care of some
institution
or person mentioned in said
Art.
80.chanrobles virtual law library
4. Any person
who, while performing a lawful act with due care, causes an injury by
mere
accident without fault or intention of
causing
it.chanrobles virtual law library
5. Any person
who act under the compulsion of irresistible force.chanrobles virtual law library
6. Any person
who acts under the impulse of an uncontrollable fear of an equal or
greater
injury.chanrobles virtual law library
7. Any person
who fails to perform an act required by law, when prevented by some
lawful
insuperable cause.chanrobles virtual law library
Chapter
ThreeCIRCUMSTANCES
WHICH MITIGATE
CRIMINAL
LIABILITY
Art. 13. Mitigating
circumstances. — The following are mitigating circumstances;
1. Those mentioned
in the preceding chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective cases are not
attendant.chanrobles virtual law library
2. That the
offender is under eighteen year of age or over seventy years. In the
case
of the minor, he shall be proceeded against in accordance with the
provisions
of Art. 80.chanrobles virtual law library
3. That the
offender had no intention to commit so grave a wrong as that committed.chanrobles virtual law library
4. That sufficient
provocation or threat on the part of the offended party immediately
preceded
the act.chanrobles virtual law library
5. That the
act was committed in the immediate vindication of a grave offense to
the
one committing the felony (delito), his spouse, ascendants, or
relatives
by affinity within the same degrees.chanrobles virtual law library
6. That of having
acted upon an impulse so powerful as naturally to have produced passion
or obfuscation.chanrobles virtual law library
7. That the
offender had voluntarily surrendered himself to a person in authority
or
his agents, or that he had voluntarily confessed his guilt before the
court
prior to the presentation of the evidence for the prosecution;
8. That the
offender is deaf and dumb, blind or otherwise suffering some physical
defect
which thus restricts his means of action, defense, or communications
with
his fellow beings.chanrobles virtual law library
9. Such illness
of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.chanrobles virtual law librarychan robles virtual law library
10. And, finally,
any other circumstances of a similar nature and analogous to those
above
mentioned.chanrobles virtual law library
Chapter
FourCIRCUMSTANCE
WHICH AGGRAVATE
CRIMINAL
LIABILITY
Art. 14. Aggravating
circumstances. — The following are aggravating circumstances:
1. That advantage
be taken by the offender of his public position.chanrobles virtual law library
2. That the
crime be committed in contempt or with insult to the public authorities.chanrobles virtual law library
3. That the
act be committed with insult or in disregard of the respect due the
offended
party on account of his rank, age, or sex, or that is be committed in
the
dwelling of the offended party, if the latter has not given provocation.chanrobles virtual law library
4. That the
act be committed with abuse of confidence or obvious ungratefulness.chanrobles virtual law library
5. That the
crime be committed in the palace of the Chief Executive or in his
presence,
or where public authorities are engaged in the discharge of their
duties,
or in a place dedicated to religious worship.chanrobles virtual law library
6. That the
crime be committed in the night time, or in an uninhabited place, or by
a band, whenever such circumstances may facilitate the commission of
the
offense.chanrobles virtual law library
Whenever more
than three armed malefactors shall have acted together in the
commission
of an offense, it shall be deemed to have been committed by a band.chanrobles virtual law library
7. That the
crime be committed on the occasion of a conflagration, shipwreck,
earthquake,
epidemic or other calamity or misfortune.chanrobles virtual law library
8. That the
crime be committed with the aid of armed men or persons who insure or
afford
impunity.chanrobles virtual law library
9. That the
accused is a recidivist.chanrobles virtual law library
A recidivist
is one who, at the time of his trial for one crime, shall have been
previously
convicted by final judgment of another crime embraced in the same title
of this Code.chanrobles virtual law library
10. That the
offender has been previously punished by an offense to which the law
attaches
an equal or greater penalty or for two or more crimes to which it
attaches
a lighter penalty.chanrobles virtual law library
11. That the
crime be committed in consideration of a price, reward, or promise.chanrobles virtual law library
12. That the
crime be committed by means of inundation, fire, poison, explosion,
stranding
of a vessel or international damage thereto, derailment of a
locomotive,
or by the use of any other artifice involving great waste and ruin.chanrobles virtual law library
13. That the
act be committed with evidence premeditation.chanrobles virtual law library
14. That the
craft, fraud or disguise be employed.chanrobles virtual law library
15. That advantage
be taken of superior strength, or means be employed to weaken the
defense.chanrobles virtual law library
16. That the
act be committed with treachery (alevosia).chanrobles virtual law library
There is treachery
when the offender commits any of the crimes against the person,
employing
means, methods, or forms in the execution thereof which tend directly
and
specially to insure its execution, without risk to himself arising from
the defense which the offended party might make.chanrobles virtual law library
17. That means
be employed or circumstances brought about which add ignominy to the
natural
effects of the act.chanrobles virtual law library
18. That the
crime be committed after an unlawful entry.chanrobles virtual law library
There is an
unlawful entry when an entrance of a crime a wall, roof, floor, door,
or
window be broken.chanrobles virtual law library
20. That the
crime be committed with the aid of persons under fifteen years of age
or
by means of motor vehicles, motorized watercraft, airships, or other
similar
means. (As amended by RA 5438).
21. That the
wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.chanrobles virtual law library
Chapter
FiveALTERNATIVE
CIRCUMSTANCES
Art. 15. Their
concept. — Alternative circumstances are those which must be taken
into consideration as aggravating or mitigating according to the nature
and effects of the crime and the other conditions attending its
commission.
They are the relationship, intoxication and the degree of instruction
and
education of the offender.chanrobles virtual law library
The alternative
circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate,
natural,
or adopted brother or sister, or relative by affinity in the same
degrees
of the offender.chanrobles virtual law library
The intoxication
of the offender shall be taken into consideration as a mitigating
circumstances
when the offender has committed a felony in a state of intoxication, if
the same is not habitual or subsequent to the plan to commit said
felony
but when the intoxication is habitual or intentional, it shall be
considered
as an aggravating circumstance.chanrobles virtual law library
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.chanrobles virtual law library
2. Accomplices.chanrobles virtual law library
3. Accessories.chanrobles virtual law library
The following are
criminally liable for light felonies:
Art. 17. Principals. — The following are considered principals:
1. Those who
take a direct part in the execution of the act;
2. Those who
directly force or induce others to commit it;
3. Those who
cooperate in the commission of the offense by another act without which
it would not have been accomplished.chanrobles virtual law library
Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17,
cooperate
in the execution of the offense by previous or simultaneous acts.chanrobles virtual law library
Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or
accomplices, take part subsequent to its commission in any of the
following
manners:
chan robles virtual law library
1. By profiting
themselves or assisting the offender to profit by the effects of the
crime.chanrobles virtual law library
2. By concealing
or destroying the body of the crime, or the effects or instruments
thereof,
in order to prevent its discovery.chanrobles virtual law library
3. By harboring,
concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or
whenever
the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be
habitually
guilty of some other crime.chanrobles virtual law library
Art. 20. Accessories
who are exempt from criminal liability. — The penalties prescribed
for accessories shall not be imposed upon those who are such with
respect
to their spouses, ascendants, descendants, legitimate, natural, and
adopted
brothers and sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the provisions
of paragraph 1 of the next preceding article.chanrobles virtual law library
Title ThreeP E N A
L T I E SChapter
OnePENALTIES
IN GENERAL
Art. 21. Penalties
that may be imposed. — No felony shall be punishable by any penalty
not prescribed by law prior to its commission.chanrobles virtual law library
Art. 22. Retroactive
effect of penal laws. — Penal Laws shall have a retroactive effect
insofar as they favor the persons guilty of a felony, who is not a
habitual
criminal, as this term is defined in Rule 5 of Article 62 of this Code,
although at the time of the publication of such laws a final sentence
has
been pronounced and the convict is serving the same.chanrobles virtual law library
Art. 23. Effect
of pardon by the offended party. — A pardon of the offended party
does
not extinguish criminal action except as provided in Article 344 of
this
Code; but civil liability with regard to the interest of the injured
party
is extinguished by his express waiver.chanrobles virtual law library
Art. 24. Measures
of prevention or safety which are nor considered penalties. — The
following
shall not be considered as penalties:
1. The arrest
and temporary detention of accused persons, as well as their detention
by reason of insanity or imbecility, or illness requiring their
confinement
in a hospital.chanrobles virtual law library
2. The commitment
of a minor to any of the institutions mentioned in Article 80 and for
the
purposes specified therein.chanrobles virtual law library
3. Suspension
from the employment of public office during the trial or in order to
institute
proceedings.chanrobles virtual law library
4. Fines and
other corrective measures which, in the exercise of their
administrative
disciplinary powers, superior officials may impose upon their
subordinates.chanrobles virtual law library
5. Deprivation
of rights and the reparations which the civil laws may establish in
penal
form.chanrobles virtual law library
Chapter
TwoCLASSIFICATION
OF PENALTIES
Art. 25. Penalties
which may be imposed. — The penalties which may be imposed
according
to this Code, and their different classes, are those included in the
following:
Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace.
Accessory Penalties
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
Art. 26. When
afflictive, correctional, or light penalty. — A fine, whether
imposed
as a single of as an alternative penalty, shall be considered an
afflictive
penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does
not exceed 6,000 pesos but is not less than 200 pesos; and a light
penalty
if it less than 200 pesos.chanrobles virtual law library
Chapter
ThreeDURATION
AND EFFECTS OF PENALTIESSection
One. — Duration of Penalties
Art. 27. Reclusion
perpetua. — Any person sentenced to any of the perpetual penalties
shall be pardoned after undergoing the penalty for thirty years, unless
such person by reason of his conduct or some other serious cause shall
be considered by the Chief Executive as unworthy of pardon.chanrobles virtual law library
Reclusion
temporal. — The penalty of reclusion temporal shall be from twelve
years and one day to twenty years.chanrobles virtual law library
Prision mayor
and temporary disqualification. — The duration of the penalties of
prision mayor and temporary disqualification shall be from six years
and
one day to twelve years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case its duration shall be
that
of the principal penalty.chanrobles virtual law library
Prision correccional,
suspension, and destierro. — The duration of the penalties of
prision
correccional, suspension and destierro shall be from six months and one
day to six years, except when suspension is imposed as an accessory
penalty,
in which case, its duration shall be that of the principal penalty.chanrobles virtual law library
Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month
and one day to six months.chanrobles virtual law library
Arresto menor. — The duration of the penalty of arresto menor shall be from one day to
thirty days.chanrobles virtual law library
Bond to keep
the peace. — The bond to keep the peace shall be required to cover
such period of time as the court may determine.chanrobles virtual law library
Art. 28. Computation
of penalties. — If the offender shall be in prison, the term of the
duration of the temporary penalties shall be computed from the day on
which
the judgment of conviction shall have become final.chanrobles virtual law library
If the offender
be not in prison, the term of the duration of the penalty consisting of
deprivation of liberty shall be computed from the day that the offender
is placed at the disposal of the judicial authorities for the
enforcement
of the penalty. The duration of the other penalties shall be computed
only
from the day on which the defendant commences to serve his sentence.chanrobles virtual law library
Art. 29. Period
of preventive imprisonment deducted from term of imprisonment. —
Offenders
who have undergone preventive imprisonment shall be credited in the
service
of their sentence consisting of deprivation of liberty, with the full
time
during which they have undergone preventive imprisonment, if the
detention
prisoner agrees voluntarily in writing to abide by the same
disciplinary
rules imposed upon convicted prisoners, except in the following cases:
1. When they
are recidivists or have been convicted previously twice or more times
of
any crime; and
2. When upon
being summoned for the execution of their sentence they have failed to
surrender voluntarily.chanrobles virtual law library
If the detention
prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service of his
sentence
with four-fifths of the time during which he has undergone preventive
imprisonment. (As amended by Republic Act 6127, June 17, 1970).chanrobles virtual law library
Whenever an
accused has undergone preventive imprisonment for a period equal to or
more than the possible maximum imprisonment of the offense charged to
which
he may be sentenced and his case is not yet terminated, he shall be
released
immediately without prejudice to the continuation of the trial thereof
or the proceeding on appeal, if the same is under review. In case the
maximum
penalty to which the accused may be sentenced is destierro, 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
to
their
respective nature
Art. 30. Effects
of the penalties of perpetual or temporary absolute disqualification. — The penalties of perpetual or temporary absolute disqualification for
public office shall produce the following effects:
1. The deprivation
of the public offices and employments which the offender may have held
even if conferred by popular election.chanrobles virtual law library
2. The deprivation
of the right to vote in any election for any popular office or to be
elected
to such office.chanrobles virtual law library
3. The disqualification
for the offices or public employments and for the exercise of any of
the
rights mentioned.chanrobles virtual law library
In case of
temporary disqualification, such disqualification as is comprised in
paragraphs
2 and 3 of this article shall last during the term of the sentence.chanrobles virtual law library
4. The loss
of all rights to retirement pay or other pension for any office
formerly
held.chanrobles virtual law library
Art. 31. Effect
of the penalties of perpetual or temporary special disqualification. —
The penalties of perpetual or temporal special disqualification for
public
office, profession or calling shall produce the following effects:
1. The deprivation
of the office, employment, profession or calling affected;
2. The disqualification
for holding similar offices or employments either perpetually or during
the term of the sentence according to the extent of such
disqualification.chanrobles virtual law library
Art. 32. Effect
of the penalties of perpetual or temporary special disqualification for
the exercise of the right of suffrage. — The perpetual or temporary
special disqualification for the exercise of the right of suffrage
shall
deprive the offender perpetually or during the term of the sentence,
according
to the nature of said penalty, of the right to vote in any popular
election
for any public office or to be elected to such office. Moreover, the
offender
shall not be permitted to hold any public office during the period of
his
disqualification.chanrobles virtual law library
Art. 33. Effects
of the penalties of suspension from any public office, profession or
calling,
or the right of suffrage. — The suspension from public office,
profession
or calling, and the exercise of the right of suffrage shall disqualify
the offender from holding such office or exercising such profession or
calling or right of suffrage during the term of the sentence.chanrobles virtual law library
The person suspended
from holding public office shall not hold another having similar
functions
during the period of his suspension.chanrobles virtual law library
Art. 34. Civil
interdiction. — Civil interdiction shall deprive the offender
during
the time of his sentence of the rights of parental authority, or
guardianship,
either as to the person or property of any ward, of marital authority,
of the right to manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos.chanrobles virtual law library
Art. 35. Effects
of bond to keep the peace. — It shall be the duty of any person
sentenced
to give bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the offense sought to
be prevented, and that in case such offense be committed they will pay
the amount determined by the court in the judgment, or otherwise to
deposit
such amount in the office of the clerk of the court to guarantee said
undertaking.chanrobles virtual law library
The court shall
determine, according to its discretion, the period of duration of the
bond.chanrobles virtual law library
Should the person
sentenced fail to give the bond as required he shall be detained for a
period which shall in no case exceed six months, is he shall have been
prosecuted for a grave or less grave felony, and shall not exceed
thirty
days, if for a light felony.chanrobles virtual law library
Art. 36. Pardon;
its effect. — A pardon shall not work the restoration of the right
to hold public office, or the right of suffrage, unless such rights be
expressly restored by the terms of the pardon.chanrobles virtual law library
A pardon shall
in no case exempt the culprit from the payment of the civil indemnity
imposed
upon him by the sentence.chanrobles virtual law library
Art. 37. Cost;
What are included. — Costs shall include fees and indemnities in
the
course of the judicial proceedings, whether they be fixed or
unalterable
amounts previously determined by law or regulations in force, or
amounts
not subject to schedule.chanrobles virtual law library
Art. 38. Pecuniary
liabilities; Order of payment. — In case the property of the
offender
should not be sufficient for the payment of all his pecuniary
liabilities,
the same shall be met in the following order:
1. The reparation
of the damage caused.chanrobles virtual law library
2. Indemnification
of consequential damages.chanrobles virtual law library
3. The fine.chanrobles virtual law library
4. The cost
of the proceedings.chanrobles virtual law library
Art. 39. Subsidiary
penalty. — If the convict has no property with which to meet the
fine
mentioned in the paragraph 3 of the nest preceding article, he shall be
subject to a subsidiary personal liability at the rate of one day for
each
eight pesos, subject to the following rules:
1. If the principal
penalty imposed be prision correccional or arresto and fine, he shall
remain
under confinement until his fine referred to in the preceding paragraph
is satisfied, but his subsidiary imprisonment shall not exceed
one-third
of the term of the sentence, and in no case shall it continue for more
than one year, and no fraction or part of a day shall be counted
against
the prisoner.chanrobles virtual law library
2. When the
principal penalty imposed be only a fine, the subsidiary imprisonment
shall
not exceed six months, if the culprit shall have been prosecuted for a
grave or less grave felony, and shall not exceed fifteen days, if for a
light felony.chanrobles virtual law library
3. When the
principal imposed is higher than prision correccional, no subsidiary
imprisonment
shall be imposed upon the culprit.chanrobles virtual law library
4. If the principal
penalty imposed is not to be executed by confinement in a penal
institution,
but such penalty is of fixed duration, the convict, during the period
of
time established in the preceding rules, shall continue to suffer the
same
deprivations as those of which the principal penalty consists.chanrobles virtual law librarychan robles virtual law library
5. The subsidiary
personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in case his financial
circumstances
should improve. (As amended by RA 5465, April 21,
1969).
Section
Three. — Penalties in which other accessory
penaltiesare inherent
Art. 40. Death;
Its accessory penalties. — The death penalty, when it is not
executed
by reason of commutation or pardon shall carry with it that of
perpetual
absolute disqualification and that of civil interdiction during thirty
years following the date sentence, unless such accessory penalties have
been expressly remitted in the pardon.chanrobles virtual law library
Art. 41. Reclusion
perpetua and reclusion temporal; Their accessory penalties. — The
penalties
of reclusion perpetua and reclusion temporal shall carry with them that
of civil interdiction for life or during the period of the sentence as
the case may be, and that of perpetual absolute disqualification which
the offender shall suffer even though pardoned as to the principal
penalty,
unless the same shall have been expressly remitted in the pardon.chanrobles virtual law library
Art. 42. Prision
mayor; Its accessory penalties. — The penalty of prision mayor,
shall
carry with it that of temporary absolute disqualification and that of
perpetual
special disqualification from the right of suffrage which the offender
shall suffer although pardoned as to the principal penalty, unless the
same shall have been expressly remitted in the pardon.chanrobles virtual law library
Art. 43. Prision
correccional; Its accessory penalties. — The penalty of prision
correccional
shall carry with it that of suspension from public office, from the
right
to follow a profession or calling, and that of perpetual special
disqualification
from the right of suffrage, if the duration of said imprisonment shall
exceed eighteen months. The offender shall suffer the disqualification
provided in the article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon.chanrobles virtual law library
Art. 44. Arresto;
Its accessory penalties. — The penalty of arresto shall carry with
it that of suspension of the right too hold office and the right of
suffrage
during the term of the sentence.chanrobles virtual law library
Art. 45. Confiscation
and forfeiture of the proceeds or instruments of the crime. —
Every
penalty imposed for the commission of a felony shall carry with it the
forfeiture of the proceeds of the crime and the instruments or tools
with
which it was committed.chanrobles virtual law library
Such proceeds
and instruments or tools shall be confiscated and forfeited in favor of
the Government, unless they be property of a third person not liable
for
the offense, but those articles which are not subject of lawful
commerce
shall be destroyed.chanrobles virtual law library
Chapter
FourAPPLICATION
OF PENALTIESSection
One. — Rules for the application of penaltiesto the
persons
criminally
liable and for the graduation of the same.chanrobles virtual law library
Art. 46. Penalty
to be imposed upon principals in general. — The penalty prescribed
by law for the commission of a felony shall be imposed upon the
principals
in the commission of such felony.chanrobles virtual law library
Whenever the
law prescribes a penalty for a felony is general terms, it shall be
understood
as applicable to the consummated felony.chanrobles virtual law library
Art. 47. In
what cases the death penalty shall not be imposed. — The death
penalty
shall be imposed in all cases in which it must be imposed under
existing
laws, except in the following cases:
1. When the
guilty person be more than seventy years of age.chanrobles virtual law library
2. When upon
appeal or revision of the case by the Supreme court, all the members
thereof
are not unanimous in their voting as to the propriety of the imposition
of the death penalty. For the imposition of said penalty or for the
confirmation
of a judgment of the inferior court imposing the death sentence, the
Supreme
Court shall render its decision per curiam, which shall be signed by
all
justices of said court, unless some member or members thereof shall
have
been disqualified from taking part in the consideration of the case, in
which even the unanimous vote and signature of only the remaining
justices
shall be required.chanrobles virtual law library
Art. 48. Penalty
for complex crimes. — When a single act constitutes two or more
grave
or less grave felonies, or when an offense is a necessary means for
committing
the other, the penalty for the most serious crime shall be imposed, the
same to be applied in its maximum period.chanrobles virtual law library
Art. 49. Penalty
to be imposed upon the principals when the crime committed is different
from that intended. — In cases in which the felony committed is
different
from that which the offender intended to commit, the following rules
shall
be observed:
1. If the penalty
prescribed for the felony committed be higher than that corresponding
to
the offense which the accused intended to commit, the penalty
corresponding
to the latter shall be imposed in its maximum period.chanrobles virtual law library
2. If the penalty
prescribed for the felony committed be lower than that corresponding to
the one which the accused intended to commit, the penalty for the
former
shall be imposed in its maximum period.chanrobles virtual law library
3. The rule
established by the next preceding paragraph shall not be applicable if
the acts committed by the guilty person shall also constitute an
attempt
or frustration of another crime, if the law prescribes a higher penalty
for either of the latter offenses, in which case the penalty provided
for
the attempted or the frustrated crime shall be imposed in its maximum
period.chanrobles virtual law library
Art. 50. Penalty
to be imposed upon principals of a frustrated
crime.chanrobles virtual law library
—
The penalty next lower in degree than that prescribed by law for the
consummated
felony shall be imposed upon the principal in a frustrated felony.chanrobles virtual law library
Art. 51. Penalty
to be imposed upon principals of attempted crimes. — A penalty
lower
by two degrees than that prescribed by law for the consummated felony
shall
be imposed upon the principals in an attempt to commit a felony.chanrobles virtual law library
Art. 52. Penalty
to be imposed upon accomplices in consummated
crime.chanrobles virtual law library
— The penalty next lower in degree than that prescribed by law for the
consummated shall be imposed upon the accomplices in the commission of
a consummated felony.chanrobles virtual law library
Art. 53. Penalty
to be imposed upon accessories to the commission of a consummated
felony. — The penalty lower by two degrees than that prescribed by law for
the consummated felony shall be imposed upon the accessories to the
commission
of a consummated felony.chanrobles virtual law library
Art. 54. Penalty
to imposed upon accomplices in a frustrated
crime.chanrobles virtual law library
— The penalty next lower in degree than prescribed by law for the
frustrated
felony shall be imposed upon the accomplices in the commission of a
frustrated
felony.chanrobles virtual law library
Art. 55. Penalty
to be imposed upon accessories of a frustrated
crime.chanrobles virtual law library
— The penalty lower by two degrees than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the
commission
of a frustrated felony.chanrobles virtual law library
Art. 56. Penalty
to be imposed upon accomplices in an attempted
crime.chanrobles virtual law library
— The penalty next lower in degree than that prescribed by law for an
attempt
to commit a felony shall be imposed upon the accomplices in an attempt
to commit the felony.chanrobles virtual law library
Art. 57. Penalty
to be imposed upon accessories of an attempted
crime.chanrobles virtual law library
— The penalty lower by two degrees than that prescribed by law for the
attempted felony shall be imposed upon the accessories to the attempt
to
commit a felony.chanrobles virtual law library
Art. 58. Additional
penalty to be imposed upon certain
accessories.chanrobles virtual law library
— Those accessories falling within the terms of paragraphs 3 of Article
19 of this Code who should act with abuse of their public functions,
shall
suffer the additional penalty of absolute perpetual disqualification if
the principal offender shall be guilty of a grave felony, and that of
absolute
temporary disqualification if he shall be guilty of a less grave felony.chanrobles virtual law library
Art. 59. Penalty
to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. — When the person
intending
to commit an offense has already performed the acts for the execution
of
the same but nevertheless the crime was not produced by reason of the
fact
that the act intended was by its nature one of impossible
accomplishment
or because the means employed by such person are essentially inadequate
to produce the result desired by him, the court, having in mind the
social
danger and the degree of criminality shown by the offender, shall
impose
upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.chanrobles virtual law library
Art. 60. Exception
to the rules established in Articles 50 to 57. — The provisions
contained
in Articles 50 to 57, inclusive, of this Code shall not be applicable
to
cases in which the law expressly prescribes the penalty provided for a
frustrated or attempted felony, or to be imposed upon accomplices or
accessories.chanrobles virtual law library
Art. 61. Rules
for graduating penalties. — For the purpose of graduating the
penalties
which, according to the provisions of Articles 50 to 57, inclusive, of
this Code, are to be imposed upon persons guilty as principals of any
frustrated
or attempted felony, or as accomplices or accessories, the following
rules
shall be observed:
1. When the
penalty prescribed for the felony is single and indivisible, the
penalty
next lower in degrees shall be that immediately following that
indivisible
penalty in the respective graduated scale prescribed in Article 71 of
this
Code.chanrobles virtual law library
2. When the
penalty prescribed for the crime is composed of two indivisible
penalties,
or of one or more divisible penalties to be impose to their full
extent,
the penalty next lower in degree shall be that immediately following
the
lesser of the penalties prescribed in the respective graduated scale.chanrobles virtual law library
3. When the
penalty prescribed for the crime is composed of one or two indivisible
penalties and the maximum period of another divisible penalty, the
penalty
next lower in degree shall be composed of the medium and minimum
periods
of the proper divisible penalty and the maximum periods of the proper
divisible
penalty and the maximum period of that immediately following in said
respective
graduated scale.chanrobles virtual law library
4. when the
penalty prescribed for the crime is composed of several periods,
corresponding
to different divisible penalties, the penalty next lower in degree
shall
be composed of the period immediately following the minimum prescribed
and of the two next following, which shall be taken from the penalty
prescribed,
if possible; otherwise from the penalty immediately following in the
above
mentioned respective graduated scale.chanrobles virtual law library
5. When the
law prescribes a penalty for a crime in some manner not especially
provided
for in the four preceding rules, the courts, proceeding by analogy,
shall
impose corresponding penalties upon those guilty as principals of the
frustrated
felony, or of attempt to commit the same, and upon accomplices and
accessories.chanrobles virtual law library
TABULATION OF THE PROVISIONS OF THE CHAPTER
|
Penalty Prescribe for the crime
|
Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime
|
Penalty to be imposed upon the principal in an attempted crime, the accessory in the consummated crime and the accomplices in a frustrated crime.
|
Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crime
|
Penalty to be imposed upon the accessory in an attempted crime
|
First Case
|
Death
|
Reclusion Perpetua
|
Reclusion Temporal
|
Prision Mayor
|
Prision Correccional
|
Second Case
|
Reclusion Perpetua to Death
|
Reclusion Temporal
|
Prision Mayor
|
Prision Correccional
|
Arresto Mayor
|
Third Case
|
Reclusion Temporal in its maximum period to death
|
Prision Mayor in its maximum period to reclusion temporal in its medium period
|
Prision correccional in its maximum period to prision mayor in its medium period
|
Arresto Mayor in it s maximum period to prision correccional in its medium period
|
Fine and Arresto Mayor in its minimum and medium periods
|
Fourth Case
|
Prision Mayor in its maximum period to reclusion temporal in its medium period.
|
Prision correccional in its maximum period to prision mayor in its medium period.
|
Arresto mayor in its maximum period to prision correccional in its medium period.
|
Fine and Arresto Mayor in its minimum and medium periods
|
Fine.
|
Section
Two. — Rules for the application of penalties with regard to the
mitigating
and aggravating circumstances, and habitual delinquency.chanrobles virtual law library
Art. 62. Effect
of the attendance of mitigating or aggravating circumstances and of
habitual
delinquency. — Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of diminishing
or increasing the penalty in conformity with the following rules:
1. Aggravating
circumstances which in themselves constitute a crime specially
punishable
by law or which are included by the law in defining a crime and
prescribing
the penalty therefor shall not be taken into account for the purpose of
increasing the penalty.chanrobles virtual law library
2. The same
rule shall apply with respect to any aggravating circumstance inherent
in the crime to such a degree that it must of necessity accompany the
commission
thereof.chanrobles virtual law library
3. Aggravating
or mitigating circumstances which arise from the moral attributes of
the
offender, or from his private relations with the offended party, or
from
any other personal cause, shall only serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom
such
circumstances are attendant.chanrobles virtual law library
4. The circumstances
which consist in the material execution of the act, or in the means
employed
to accomplish it, shall serve to aggravate or mitigate the liability of
those persons only who had knowledge of them at the time of the
execution
of the act or their cooperation therein.chanrobles virtual law library
5. Habitual
delinquency shall have the following effects:
(a) Upon a
third conviction the culprit shall be sentenced to the penalty provided
by law for the last crime of which he be found guilty and to the
additional
penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth
conviction, the culprit shall be sentenced to the penalty provided for
the last crime of which he be found guilty and to the additional
penalty
of prision mayor in its minimum and medium periods; and
(c) Upon a fifth
or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the
additional
penalty of prision mayor in its maximum period to reclusion temporal in
its minimum period.chanrobles virtual law library
Notwithstanding
the provisions of this article, the total of the two penalties to be
imposed
upon the offender, in conformity herewith, shall in no case exceed 30
years.chanrobles virtual law library
For the purpose
of this article, a person shall be deemed to be habitual delinquent, is
within a period of ten years from the date of his release or last
conviction
of the crimes of serious or less serious physical injuries, robo,
hurto,
estafa or falsification, he is found guilty of any of said crimes a
third
time or oftener.chanrobles virtual law library
Art. 63. Rules
for the application of indivisible penalties. — In all cases in
which
the law prescribes a single indivisible penalty, it shall be applied by
the courts regardless of any mitigating or aggravating circumstances
that
may have attended the commission of the deed.chanrobles virtual law library
In all cases
in which the law prescribes a penalty composed of two indivisible
penalties,
the following rules 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.chanrobles virtual law library
2. When there
are neither mitigating nor aggravating circumstances and there is no
aggravating
circumstance, the lesser penalty shall be applied.chanrobles virtual law library
3. When the
commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be
applied.chanrobles virtual law library
4. When both
mitigating and aggravating circumstances attended the commission of the
act, the court shall reasonably allow them to offset one another in
consideration
of their number and importance, for the purpose of applying the penalty
in accordance with the preceding rules, according to the result of such
compensation.chanrobles virtual law library
Art. 64. Rules
for the application of penalties which contain three periods. — In
cases in which the penalties prescribed by law contain three periods,
whether
it be a single divisible penalty or composed of three different
penalties,
each one of which forms a period in accordance with the provisions of
Articles
76 and 77, the court shall observe for the application of the penalty
the
following rules, according to whether there are or are not mitigating
or
aggravating circumstances:
1. When there
are neither aggravating nor mitigating circumstances, they shall impose
the penalty prescribed by law in its medium period.chanrobles virtual law library
2. When only
a mitigating circumstances is present in the commission of the act,
they
shall impose the penalty in its minimum period.chanrobles virtual law library
3. When an aggravating
circumstance is present in the commission of the act, they shall impose
the penalty in its maximum period.chanrobles virtual law library
4. When both
mitigating and aggravating circumstances are present, the court shall
reasonably
offset those of one class against the other according to their relative
weight.chanrobles virtual law library
5. When there
are two or more mitigating circumstances and no aggravating
circumstances
are present, the court shall impose the penalty next lower to that
prescribed
by law, in the period that it may deem applicable, according to the
number
and nature of such circumstances.chanrobles virtual law library
6. Whatever
may be the number and nature of the aggravating circumstances, the
courts
shall not impose a greater penalty than that prescribed by law, in its
maximum period.chanrobles virtual law library
7. Within the
limits of each period, the court shall determine the extent of the
penalty
according to the number and nature of the aggravating and mitigating
circumstances
and the greater and lesser extent of the evil produced by the crime.chanrobles virtual law library
Art. 65. Rule
in cases in which the penalty is not composed of three periods. —
In
cases in which the penalty prescribed by law is not composed of three
periods,
the courts shall apply the rules contained in the foregoing articles,
dividing
into three equal portions of time included in the penalty prescribed,
and
forming one period of each of the three portions.chanrobles virtual law library
Art. 66. Imposition
of fines. — In imposing fines the courts may fix any amount within
the limits established by law; in fixing the amount in each case
attention
shall be given, not only to the mitigating and aggravating
circumstances,
but more particularly to the wealth or means of the culprit.chanrobles virtual law library
Art. 67. Penalty
to be imposed when not all the requisites of exemption of the fourth
circumstance
of Article 12 are present.— When all the conditions required in
circumstances
Number 4 of Article 12 of this Code to exempt from criminal liability
are
not present, the penalty of arresto mayor in its maximum period to
prision
correccional in its minimum period shall be imposed upon the culprit if
he shall have been guilty of a grave felony, and arresto mayor in its
minimum
and medium periods, if of a less grave felony.chanrobles virtual law librarychan robles virtual law library
Art. 68. Penalty
to be imposed upon a person under eighteen years of age. — When
the
offender is a minor under eighteen years and his case is one coming
under
the provisions of the paragraphs next to the last of Article 80 of this
Code, the following rules shall be observed:
1. Upon a person
under fifteen but over nine years of age, who is not exempted from
liability
by reason of the court having declared that he acted with discernment,
a discretionary penalty shall be imposed, but always lower by two
degrees
at least than that prescribed by law for the crime which he committed.chanrobles virtual law library
2. Upon a person
over fifteen and under eighteen years of age the penalty next lower
than
that prescribed by law shall be imposed, but always in the proper
period.chanrobles virtual law library
Art. 69. Penalty
to be imposed when the crime committed is not wholly excusable. — A
penalty lower by one or two degrees than that prescribed by law shall
be
imposed if the deed is not wholly excusable by reason of the lack of
some
of the conditions required to justify the same or to exempt from
criminal
liability in the several cases mentioned in Article 11 and 12, provided
that the majority of such conditions be present. The courts shall
impose
the penalty in the period which may be deemed proper, in view of the
number
and nature of the conditions of exemption present or lacking.chanrobles virtual law library
Art. 70. Successive
service of sentence. — When the culprit has to serve two or more
penalties,
he shall serve them simultaneously if the nature of the penalties will
so permit otherwise, the following rules shall be observed:
In the imposition
of the penalties, the order of their respective severity shall be
followed
so that they may be executed successively or as nearly as may be
possible,
should a pardon have been granted as to the penalty or penalties first
imposed, or should they have been served out.chanrobles virtual law library
For the purpose
of applying the provisions of the next preceding paragraph the
respective
severity of the penalties shall be determined in accordance with the
following
scale:
1. Death,
2. Reclusion
perpetua,
3. Reclusion
temporal,
4. Prision mayor,
5. Prision correccional,
chan robles virtual law library
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual
absolute disqualification,
10 Temporal
absolute disqualification.chanrobles virtual law library
11. Suspension
from public office, the right to vote and be voted for, the right to
follow
a profession or calling, and
12. Public censure.chanrobles virtual law library
Notwithstanding
the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than three-fold the length of time
corresponding to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted after the
sum
total of those imposed equals the same maximum period.chanrobles virtual law library
Such maximum
period shall in no case exceed forty years.chanrobles virtual law library
In applying
the provisions of this rule the duration of perpetual penalties (pena
perpetua)
shall be computed at thirty years. (As amended).chanrobles virtual law library
Art. 71. Graduated scales. — In the case in which the law prescribed a
penalty
lower or higher by one or more degrees than another given penalty, the
rules prescribed in Article 61 shall be observed in graduating such
penalty.chanrobles virtual law library
The lower or
higher penalty shall be taken from the graduated scale in which is
comprised
the given penalty.chanrobles virtual law library
The courts,
in applying such lower or higher penalty, shall observe the following
graduated
scales:
SCALE NO. 1
SCALE NO. 2
1. Perpetual
absolute disqualification,
2. Temporal
absolute disqualification
3. Suspension
from public office, the right to vote and be
voted for, the
right to follow a profession or calling,
4. Public censure,
5. Fine.chanrobles virtual law library
Art. 72. Preference
in the payment of the civil liabilities. — The civil liabilities
of
a person found guilty of two or more offenses shall be satisfied by
following
the chronological order of the dates of the judgments rendered against
him, beginning with the first in order of time.chanrobles virtual law library
Section
Three. — Provisions common in the last two
preceding
sectionsArt. 73. Presumption
in regard to the imposition of accessory
penalties
.
— Whenever the courts shall impose a penalty which, by provision of
law,
carries with it other penalties, according to the provisions of
Articles
40, 41, 42, 43 and 44 of this Code, it must be understood that the
accessory
penalties are also imposed upon the convict.chanrobles virtual law library
Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases
in which the law prescribes a penalty higher than another given
penalty,
without specially designating the name of the former, if such higher
penalty
should be that of death, the same penalty and the accessory penalties
of
Article 40, shall be considered as the next higher penalty.chanrobles virtual law library
Art. 75. Increasing or reducing the penalty of fine by one or more degrees.
— Whenever it may be necessary to increase or reduce the penalty of
fine
by one or more degrees, it shall be increased or reduced, respectively,
for each degree, by one-fourth of the maximum amount prescribed by law,
without however, changing the minimum.chanrobles virtual law library
The same rules
shall be observed with regard of fines that do not consist of a fixed
amount,
but are made proportional.chanrobles virtual law library
Art. 76. Legal
period of duration of divisible penalties. — The legal period of
duration
of divisible penalties shall be considered as divided into three parts,
forming three periods, the minimum, the medium, and the maximum in the
manner shown in the following table:
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS
Penalties
|
Time included in the penalty in its entirety
|
Time included in its minimum period
|
Time included in its medium period
|
Time included in its maximum
|
Reclusion temporal
|
From 12 years and 1 day to 20 years. |
From 12 years and 1 day to 14 years and 8 months. |
From 14 years, 8 months and 1 day to 17 years and 4 months. |
From 17 years, 4 months and 1 day to 20 years. |
Prision mayor, absolute disqualification and special temporary disqualification |
From 6 years and 1 day to 12 years. |
From 6 years and 1 day to 8 years. |
From 8 years and 1 day to 10 years. |
From 10 years and 1 day to 12 years. |
Prision correccional, suspension and destierro
|
From 6 months and 1 day to 6 years. |
From 6 months and 1 day to 2 years and 4 months. |
From 2 years, 4 months and 1 day to 4 years and 2 months. |
From 4 years, 2 months and 1 day to 6 years. |
Arresto mayor
|
From 1 month and 1 day to months. |
From 1 to 2 months. |
From 2 months and 1 day to 4 months. |
From 4 months and 1 day to 6 months. |
Arresto menor
|
From 1 to 30 days. |
From 1 to 10 days. |
From 11 to 20 days. |
From 21 to 30 days. |
Art. 77. When
the penalty is a complex one composed of three distinct penalties. — In cases in which the law prescribes a penalty composed of three
distinct
penalties, each one shall form a period; the lightest of them shall be
the minimum the next the medium, and the most severe the maximum period.chanrobles virtual law library
Whenever the
penalty prescribed does not have one of the forms specially provided
for
in this Code, the periods shall be distributed, applying by analogy the
prescribed rules.chanrobles virtual law library
Chapter
FiveEXECUTION
AND SERVICE OF PENALTIESSection
One. — General Provisions
Art. 78. When
and how a penalty is to be executed. — No penalty shall be executed
except by virtue of a final judgment.chanrobles virtual law library
A penalty shall
not be executed in any other form than that prescribed by law, nor with
any other circumstances or incidents than those expressly authorized
thereby.chanrobles virtual law library
In addition
to the provisions of the law, the special regulations prescribed for
the
government of the institutions in which the penalties are to be
suffered
shall be observed with regard to the character of the work to be
performed,
the time of its performance, and other incidents connected therewith,
the
relations of the convicts among themselves and other persons, the
relief
which they may receive, and their diet.chanrobles virtual law library
The regulations
shall make provision for the separation of the sexes in different
institutions,
or at least into different departments and also for the correction and
reform of the convicts.chanrobles virtual law library
Art. 79. Suspension
of the execution and service of the penalties in case of insanity. — When a convict shall become insane or an imbecile after final
sentence
has been pronounced, the execution of said sentence shall be suspended
only with regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of Article 12 being observed in the
corresponding cases.chanrobles virtual law library
If at any time
the convict shall recover his reason, his sentence shall be executed,
unless
the penalty shall have prescribed in accordance with the provisions of
this Code.chanrobles virtual law library
The respective
provisions of this section shall also be observed if the insanity or
imbecility
occurs while the convict is serving his sentence.chanrobles virtual law library
Art. 80. Suspension
of sentence of minor delinquents. — Whenever a minor of either sex,
under sixteen years of age at the date of the commission of a grave or
less grave felony, is accused thereof, the court, after hearing the
evidence
in the proper proceedings, instead of pronouncing judgment of
conviction,
shall suspend all further proceedings and shall commit such minor to
the
custody or care of a public or private, benevolent or charitable
institution,
established under the law of the care, correction or education of
orphaned,
homeless, defective, and delinquent children, or to the custody or care
of any other responsible person in any other place subject to
visitation
and supervision by the Director of Public Welfare or any of his agents
or representatives, if there be any, or otherwise by the superintendent
of public schools or his representatives, subject to such conditions as
are prescribed hereinbelow until such minor shall have reached his
majority
age or for such less period as the court may deem proper.
chan robles virtual law library
The court, in
committing said minor as provided above, shall take into consideration
the religion of such minor, his parents or next of kin, in order to
avoid
his commitment to any private institution not under the control and
supervision
of the religious sect or denomination to which they belong.chanrobles virtual law library
The Director
of Public Welfare or his duly authorized representatives or agents, the
superintendent of public schools or his representatives, or the person
to whose custody or care the minor has been committed, shall submit to
the court every four months and as often as required in special cases,
a written report on the good or bad conduct of said minor and the moral
and intellectual progress made by him.chanrobles virtual law library
The suspension
of the proceedings against a minor may be extended or shortened by the
court on the recommendation of the Director of Public Welfare or his
authorized
representative or agents, or the superintendent of public schools or
his
representatives, according as to whether the conduct of such minor has
been good or not and whether he has complied with the conditions
imposed
upon him, or not. The provisions of the first paragraph of this article
shall not, however, be affected by those contained herein.chanrobles virtual law library
If the minor
has been committed to the custody or care of any of the institutions
mentioned
in the first paragraph of this article, with the approval of the
Director
of Public Welfare and subject to such conditions as this official in
accordance
with law may deem proper to impose, such minor may be allowed to stay
elsewhere
under the care of a responsible person.chanrobles virtual law library
If the minor
has behaved properly and has complied with the conditions imposed upon
him during his confinement, in accordance with the provisions of this
article,
he shall be returned to the court in order that the same may order his
final release.chanrobles virtual law library
In case the
minor fails to behave properly or to comply with the regulations of the
institution to which he has been committed or with the conditions
imposed
upon him when he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued stay in such
institution
should be inadvisable, he shall be returned to the court in order that
the same may render the judgment corresponding to the crime committed
by
him.chanrobles virtual law library
The expenses
for the maintenance of a minor delinquent confined in the institution
to
which he has been committed, shall be borne totally or partially by his
parents or relatives or those persons liable to support him, if they
are
able to do so, in the discretion of the court; Provided, That in case
his
parents or relatives or those persons liable to support him have not
been
ordered to pay said expenses or are found indigent and cannot pay said
expenses, the municipality in which the offense was committed shall pay
one-third of said expenses; the province to which the municipality
belongs
shall pay one-third; and the remaining one-third shall be borne by the
National Government: Provided, however, That whenever the Secretary of
Finance certifies that a municipality is not able to pay its share in
the
expenses above mentioned, such share which is not paid by said
municipality
shall be borne by the National Government. Chartered cities shall pay
two-thirds
of said expenses; and in case a chartered city cannot pay said
expenses,
the internal revenue allotments which may be due to said city shall be
withheld and applied in settlement of said indebtedness in accordance
with
section five hundred and eighty-eight of the Administrative Code.chanrobles virtual law librarychan robles virtual law library
Section
Two. — Execution of principal penalties.chanrobles virtual law library
Art. 81. When
and how the death penalty is to be executed. — The death sentence
shall
be executed with reference to any other and shall consist in putting
the
person under sentence to death by electrocution. The death sentence
shall
be executed under the authority of the Director of Prisons, endeavoring
so far as possible to mitigate the sufferings of the person under
sentence
during electrocution as well as during the proceedings prior to the
execution.chanrobles virtual law library
If the person
under sentence so desires, he shall be anaesthetized at the moment of
the
electrocution.chanrobles virtual law library
Art. 82. Notification
and execution of the sentence and assistance to the culprit. — The
court shall designate a working day for the execution but not the hour
thereof; and such designation shall not be communicated to the offender
before sunrise of said day, and the execution shall not take place
until
after the expiration of at least eight hours following the
notification,
but before sunset. During the interval between the notification and the
execution, the culprit shall, in so far as possible, be furnished such
assistance as he may request in order to be attended 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 with members of his
family
or persons in charge of the management of his business, of the
administration
of his property, or of the care of his descendants.chanrobles virtual law library
Art. 83. Suspension
of the execution of the death sentence. — The death sentence shall
not be inflicted upon a woman within the three years next following the
date of the sentence or while she is pregnant, nor upon any person over
seventy years of age. In this last case, the death sentence shall be
commuted
to the penalty of reclusion perpetua with the accessory penalties
provided
in Article 40.chanrobles virtual law library
Art. 84. Place
of execution and persons who may witness the
same.chanrobles virtual law library
—
The execution shall take place in the penitentiary of Bilibid in a
space
closed to the public view and shall be witnessed only by the priests
assisting
the offender and by his lawyers, and by his relatives, not exceeding
six,
if he so request, by the physician and the necessary personnel of the
penal
establishment, and by such persons as the Director of Prisons may
authorize.chanrobles virtual law library
Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless claimed by his family, the corpse of the culprit shall, upon
the
completion of the legal proceedings subsequent to the execution, be
turned
over to the institute of learning or scientific research first applying
for it, for the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains.
Otherwise,
the Director of Prisons shall order the burial of the body of the
culprit
at government expense, granting permission to be present thereat to the
members of the family of the culprit and the friends of the latter. In
no case shall the burial of the body of a person sentenced to death be
held with pomp.chanrobles virtual law librarychan robles virtual law library
Art. 86. Reclusion
perpetua, reclusion temporal, prision mayor, prision correccional and
arresto
mayor. — The penalties of reclusion perpetua, reclusion temporal,
prision
mayor, prision correccional and arresto mayor, shall be executed and
served
in the places and penal establishments provided by the Administrative
Code
in force or which may be provided by law in the future.chanrobles virtual law library
Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the
place or places designated in the sentence, nor within the radius
therein
specified, which shall be not more than 250 and not less than 25
kilometers
from the place designated.chanrobles virtual law library
Art. 88. Arresto
menor. — The penalty of arresto menor shall be served in the
municipal
jail, or in the house of the defendant himself under the surveillance
of
an officer of the law, when the court so provides in its decision,
taking
into consideration the health of the offender and other reasons which
may
seem
satisfactory
to it.chanrobles virtual law library
Title FourEXTINCTION
OF CRIMINAL LIABILITYChapter
OneTOTAL EXTINCTION
OF CRIMINAL LIABILITY
Art. 89. How
criminal liability is totally extinguished. — Criminal liability is
totally extinguished:
1. By the death
of the convict, as to the personal penalties and as to pecuniary
penalties,
liability therefor is extinguished only when the death of the offender
occurs before final judgment.chanrobles virtual law library
2. By service
of the sentence;
3. By amnesty,
which completely extinguishes the 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, as provided in Article 344 of this Code.chanrobles virtual law library
Art. 90. Prescription
of crime. — Crimes punishable by death, reclusion perpetua or
reclusion
temporal shall prescribe in twenty years.chanrobles virtual law library
Crimes punishable
by other afflictive penalties shall prescribe in fifteen years.chanrobles virtual law library
Those punishable
by a correctional penalty shall prescribe in ten years; with the
exception
of those punishable by arresto mayor, which shall prescribe in five
years.chanrobles virtual law library
The crime of
libel or other similar offenses shall prescribe in one year.chanrobles virtual law library
The crime of
oral defamation and slander by deed shall prescribe in six months.chanrobles virtual law library
Light offenses
prescribe in two months.chanrobles virtual law librarychan robles virtual law library
When the penalty
fixed by law is a compound one, the highest penalty shall be made the
basis
of the application of the rules contained in the first, second and
third
paragraphs of this article. (As amended by RA 4661,
approved
June 19, 1966).
Art. 91. Computation
of prescription of offenses. — The period of prescription shall
commence
to run from the day on which the crime is discovered by the offended
party,
the authorities, or their agents, and shall be interrupted by the
filing
of the complaint or information, and shall commence to run again when
such
proceedings terminate without the accused being convicted or acquitted,
or are unjustifiably stopped for any reason not imputable to him.chanrobles virtual law library
The term of
prescription shall not run when the offender is absent from the
Philippine
Archipelago.chanrobles virtual law library
Art. 92. When
and how penalties prescribe. — The penalties imposed by final
sentence
prescribe as follows:
1. Death and
reclusion perpetua, in twenty years;
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.chanrobles virtual law library
Art. 93. Computation
of the prescription of penalties. — The period of prescription of
penalties
shall commence to run from the date when the culprit should evade the
service
of his sentence, and it shall be interrupted if the defendant should
give
himself up, be captured, should go to some foreign country with which
this
Government has no extradition treaty, or should commit another crime
before
the expiration of the period of prescription.chanrobles virtual law library Chapter
TwoPARTIAL
EXTINCTION OF CRIMINAL
LIABILITY
Art. 94. Partial
Extinction of criminal liability. — Criminal liability is
extinguished
partially:
1. By conditional
pardon;
2. By commutation
of the sentence; and
3. For good
conduct allowances which the culprit may earn while he is serving his
sentence.chanrobles virtual law library
Art. 95. Obligation
incurred by person granted conditional
pardon.chanrobles virtual law library
—
Any person who has been granted conditional pardon shall incur the
obligation
of complying strictly with the conditions imposed therein otherwise,
his
non-compliance with any of the conditions specified shall result in the
revocation of the pardon and the provisions of Article 159 shall be
applied
to him.chanrobles virtual law library
Art. 96. Effect
of commutation of sentence. — The commutation of the original
sentence
for another of a different length and nature shall have the legal
effect
of substituting the latter in the place of the former.chanrobles virtual law library
Art. 97. Allowance
for good conduct. — The good conduct of any prisoner in any penal
institution
shall entitle him to the following deductions from the period of his
sentence:
1. During the
first two years of his imprisonment, 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
a deduction of eight days for each month of good behavior;
3. During the
following years until the tenth year, inclusive, of his imprisonment,
he
shall be allowed a deduction of ten days for each month of good
behavior;
and
4. During the
eleventh and successive years of his imprisonment, he shall be allowed
a deduction of fifteen days for each month of good behavior.chanrobles virtual law librarychan robles virtual law library
Art. 98. Special
time allowance for loyalty. — A deduction of one-fifth of the
period
of his sentence shall be granted to any prisoner who, having evaded the
service of his sentence under the circumstances mentioned in Article 58
of this Code, gives himself up to the authorities within 48 hours
following
the issuance of a proclamation announcing the passing away of the
calamity
or catastrophe to in said article.chanrobles virtual law library
Art. 99. Who
grants time allowances. — Whenever lawfully justified, the
Director
of Prisons shall grant allowances for good conduct. Such allowances
once
granted shall not be revoked.chanrobles virtual law library
Title FiveCIVIL LIABILITYChapter
OnePERSON
CIVILLY LIABLE FOR FELONIES
Art. 100. Civil
liability of a person guilty of felony. — Every person criminally
liable
for a felony is also civilly liable.chanrobles virtual law library
Art. 101. Rules
regarding civil liability in certain cases. — The exemption from
criminal
liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12
and
in subdivision 4 of Article 11 of this Code does not include exemption
from civil liability, which shall be enforced subject to the following
rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability
for acts committed by an imbecile or insane person, and by a person
under
nine years of age, or by one over nine but under fifteen years of age,
who has acted without discernment, shall devolve upon those having such
person under their legal authority or control, unless it appears that
there
was no fault or negligence on their part.chanrobles virtual law library
Should there
be no person having such insane, imbecile or minor under his authority,
legal guardianship or control, or if such person be insolvent, said
insane,
imbecile, or minor shall respond with their own property, excepting
property
exempt from execution, in accordance with the civil law.chanrobles virtual law library
Second. In cases falling within subdivision 4 of Article 11, the persons for
whose
benefit the harm has been prevented shall be civilly liable in
proportion
to the benefit which they may have received.chanrobles virtual law library
The courts shall
determine, in sound discretion, the proportionate amount for which each
one shall be liable.chanrobles virtual law library
When the respective
shares cannot be equitably determined, even approximately, or when the
liability also attaches to the Government, or to the majority of the
inhabitants
of the town, and, in all events, whenever the damages have been caused
with the consent of the authorities or their agents, indemnification
shall
be made in the manner prescribed by special laws or regulations.chanrobles virtual law library
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons
using violence or causing the fears shall be primarily liable and
secondarily,
or, if there be no such persons, those doing the act shall be liable,
saving
always to the latter that part of their property exempt from execution.chanrobles virtual law library
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 or corporations shall be civilly liable for
crimes
committed in their establishments, in all cases where a violation of
municipal
ordinances or some general or special police regulation shall have been
committed by them or their employees.chanrobles virtual law library
Innkeepers are
also subsidiarily liable for the restitution of goods taken by robbery
or theft within their houses from guests lodging therein, or for the
payment
of the value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing him, of the
deposit
of such goods within the inn; and shall furthermore have followed the
directions
which such innkeeper or his representative may have given them with
respect
to the care and vigilance over such goods. No liability shall attach in
case of robbery with violence against or intimidation of persons unless
committed by the innkeeper's employees.chanrobles virtual law librarychan robles virtual law library
Art. 103. Subsidiary
civil liability of other persons. — The subsidiary liability
established
in the next preceding article shall also apply to employers, teachers,
persons, and corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen, apprentices, or employees
in the discharge of their duties.chanrobles virtual law library
Chapter
TwoWHAT CIVIL
LIABILITY INCLUDES
Art. 104. What
is included in civil liability. — The civil liability established
in
Articles 100, 101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation
of the damage caused;
3. Indemnification
for consequential damages.chanrobles virtual law library
Art. 105. Restitution;
How made. — The restitution of the thing itself must be made
whenever
possible, with allowance for any deterioration, or diminution of value
as determined by the court.chanrobles virtual law library
The thing itself
shall be restored, even though it be found in the possession of a third
person who has acquired it by lawful means, saving to the latter his
action
against the proper person, who may be liable to him.chanrobles virtual law library
This provision
is not applicable in cases in which the thing has been acquired by the
third person in the manner and under the requirements which, by law,
bar
an action for its recovery.chanrobles virtual law library
Art. 106. Reparation;
How made. — The court shall determine the amount of damage, taking
into consideration the price of the thing, whenever possible, and its
special
sentimental value to the injured party, and reparation shall be made
accordingly.chanrobles virtual law librarychan robles virtual law library
Art. 107. Indemnification;
What is included. — Indemnification for consequential damages
shall
include not only those caused the injured party, but also those
suffered
by his family or by a third person by reason of the crime.chanrobles virtual law library
Art. 108. Obligation
to make restoration, reparation for damages, or indemnification for
consequential
damages and actions to demand the same; Upon whom it devolves. —
The
obligation to make restoration or reparation for damages and
indemnification
for consequential damages devolves upon the heirs of the person liable.chanrobles virtual law library
The action to
demand restoration, reparation, and indemnification likewise descends
to
the heirs of the person injured.chanrobles virtual law library
Art. 109. Share
of each person civilly liable. — If there are two or more persons
civilly
liable for a felony, the courts shall determine the amount for which
each
must respond.chanrobles virtual law library
Art. 110. Several
and subsidiary liability of principals, accomplices and accessories of
a felony; Preference in payment. — Notwithstanding the provisions
of
the next preceding article, the principals, accomplices, and
accessories,
each within their respective class, shall be liable severally (in
solidum)
among themselves for their quotas, and subsidiaries for those of the
other
persons liable.chanrobles virtual law library
The subsidiary
liability shall be enforced, first against the property of the
principals;
next, against that of the accomplices, and, lastly, against that of the
accessories.chanrobles virtual law library
Whenever the
liability in solidum or the subsidiary liability has been enforced, the
person by whom payment has been made shall have a right of action
against
the others for the amount of their respective shares.chanrobles virtual law library
Art. 111. Obligation
to make restitution in certain cases. — Any person who has
participated
gratuitously in the proceeds of a felony shall be bound to make
restitution
in an amount equivalent to the extent of such participation.chanrobles virtual law library
Chapter
ThreeEXTINCTION
AND SURVIVAL OF CIVIL
LIABILITY
Art. 112. Extinction
of civil liability. — Civil liability established in Articles 100,
101, 102, and 103 of this Code shall be extinguished in the same manner
as obligations, in accordance with the provisions of the Civil
Law.
Art. 113. Obligation
to satisfy civil liability. — Except in case of extinction of his
civil
liability as provided in the next preceding article the offender shall
continue to be obliged to satisfy the civil liability resulting from
the
crime committed by him, notwithstanding the fact that he has served his
sentence consisting of deprivation of liberty or other rights, or has
not
been required to serve the same by reason of amnesty, pardon,
commutation
of sentence or any other reason.chanrobles virtual law librarychan robles virtual law library
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