EI.

EMENTS OF FELONIES
IN THE
REVISED PENAL CODE
AND THEIR PENALTIES
(2oo7)

COMPILED and EDITED

Prof . Corme[.0 V. Sison
Atty. GLsella N. Dizon-Reyes
Atttt. Appk. L. MeQan
Mr Paulo N. Born6ase

DESIGN and LAYOUT

Ms, Mo. Luisc D. kfen-Tiro[

BUSINESS and CIRCULATION

Mr.Pimo S. Arifias
Ms. Elennor Y. Arzndon
Ms. A(ano M. Rogo
Mr. Erenio P. Liwa4
 TABLE OF CONTENTS

ITLE ONE - Crimes Against National Securi$

and the Law of Nations
Chapter One - Crimes Against National Security....,.. ..,.............,,1
Att 114, Treason
Art 115, Consplracy and proposal to commit treason
Art 116, l4isprisidn of treason
Att, 117. Esplonage
Art 118, Inciting to war or giving motives for reprisals
Art. 119, Wolatfon of neutrality
At1. 120, Corespor;dence with hostile country
Art 121, Flght to enemyb country
Art. 122, Pirary in general and mutiny on the high seas
or in Phillppine waters
Att 123. Qualified phacy
TITLE TWO -
Crimes Against the Fundamental Laws of the State
Chapter One - Arbitrary Detention or Expulsion,
Violation of Dwelling, Prohibition, interruption, and
Dissolution of Peaceful Meetings and Crimes Against
Religious Worship..,.... ...........,......,........5
Art. 124. Arbitrary detention
Aft, 125. Delay in the delivery of detained persons
to the proper judicial authoritbs
Art. 126. Delaying rclease
Art 127. Expulsion
Art 128. Vlolation of domicile
Art: 129, Search warants maliciously obtainee and abuse
in the service of those legally obtained
Att, 130,; Searctting domicile
without witnesses
Ar1. 131, Prohibition, intenupilon, and dtssoludon of
peaceful meetings
Art. 132, Intenuption of religious worship
Art, 133. Otrending the religious feelings
TITLE THREE - Crimes Against Public Order
Chapter One - Rebellion, Coup dbtat, Sedition,
and Disloyalty....,........:... ........,.,.............9
Ar1, 134. Rebellion or insurrection
Art 134-A. Coup d'Ctat
Att, 135. Penalty for rebellion, insurection or mup d'dtat
 llt

Att 136. Conspinq and proposal to commit coup d'6tat, TITLE FOUR - Crimes Against Public Interest
rebellion or insurection
Aft, 137. Disloyalty o'' public officers or employees
Chapter One - Forgeries,.... ,...............22
Arl'. 138. Inciting to rebel/ion or insurrection Att, J61, Counterfeiting the great seal of the Government
Art. 139. Sedition of the Philippine Islands, forging the signature or
Att. 140. Penalty br sedition stamp of the Chief Executive
Att 141. Conspiracy to commit sedition Art, 162, Using forged signature or counteffeit seal or stamp
Art 142, Inclting to seditlon ALt. /53. l4aking and importing and uttenng false coin
Att. 164. Mutilation of coins
Chapter Two - Crimes Against Popular Representation..,,.,......13 Att. 165, Selling of false or mutilated coin, without connivance
Art, 143, AcB tendlng to prevent the meethg of the Att, 166" Forgrng treasury or bank notes or other documents
Assembly and similar bodles payable to bearer,' importing and utt.?ring such false or
Att. 144. Disturbance of proceedings forged notes and documents
Art. 145. Wotation of parliamentary immunity Art, 167. Counterfeiting, importing, and uttering instruments
no; payable to bearer
Chapter Three - Illegal
Assem blies and Associatirtns,.,,.,..,,,.,.., 1"4
Att. .168, Illegal possession and use of false treasury or bank
Art, 145. Illegal assemblies
Att, 14/. Illegal associations notes and other instruments of credit
Art. t69, How lbrgery is committed
Chapter Four - Assault Upon, and Resistance and Disobedience Art. J70. falsification of legislative documents
to, Persons in Authority and Their Agents.....,.......,....................16 Art. 171. Falsificatlon by public officer, employee or notary or
Art. 148, Direct assaults ecclesiastica I minister
Att. 149. Indirect assau/ts Art, 1n. Falsification of wlreless, cable, telegraph and telephone
Art. 150. Disobedience to sunmons issued by the Alational ntessaget and use of said falsified messages
Assembly, its committees or subcommittees, lty the Att. 174. False medical certificates, false certificates of
Constitutiona I Commrsslons, its committees, merits or service, etc.
subcommittees or divlsron s Art. J75. Using false certificates
Art. 151. Resistance and disobedtence to a person ln authorrty Art, 176. Manufacturlng and possession of instruntents or
or the agents of such person implements for fa lsrfica tion
Att. 152. Persons rn authoriry and agents of persons in authority Chapter Two - Other Fa|sities....... .......... .............,.29
Chapter Five - Public Disorders............, ..,.,,,,....,....,18 Att, / 77, Usurpation of authority or ol'ficial functlons
Att. 153. Tumults and other disturbances of public orders Art. 178, Using fictitious name and concealing true name
Aft. 154, tlnlawful use of means of publiation and Att, i79, Illegal use of unlforms or insignia
unlavvful utterances ALt. i80. False testimony against a defendant
Att, 155. Alarms and scandals Att, 181, false testimony favorable to the defendant
Att. 156. Delivering prisoners from jail Art. !82. False testimony in civil cases
i:r':,en[g.i'' Art, i83. False testimony ln other cases and perjury tn
Chapter Six - Evasiopl 91'(n 'ri1s ,20
Att. 157. Evasion gf :e' t,.- . -,: sotenm afrtrnteiicn
Art" 184, Offerrng 'i;:lse tesfimony rn evidence
Art. 158, Evasion af serulce :jt :eti:':t!i: clt r"ne 1.,-i-astot!
of disorder, canflaEiatlc':1t earthquakes, ot' ct'her calamitres Chapter Three - Frauds......... ...............32
Art. i59. Otlter cases of evaston of service of sentence Att. 185, Machinations in public auctions
Chapter Seven - Commission of Another Crime During Service Att. 186, Monopolies and combinalions in restraint of trade
Art, .18V, Importation and drsposltion of false/y marked
of Penalty imposed for Another Previous Offense1.,,...,. .,......,.,..,22. aticles or merchand,ise made of gold, si/ver, or other
Art. 160, Commission of another crime during service preclous metals or their alloys
of penalty imposed for another previous offense
 Att. 188. Substituting and a/tering trddemarks, tradenanes,
Att, 218,,Failure of accountable officer to render accounts
or seruice marks
Art. 219,' Failure of a responstble public officer to render
Att. 189. Unfair ampetition, fraudulent registtdtion of tradenanrc.
accounts before leaving the country
trademark, or servlce mark, fraudulent desig,nation of origln,
Att, 220, Illegal use of public funds or property
and fa/se description
Art. 221. Failure to make delivery of public funds of property
TITLE FIVE - crimes Relative to opium and other prohibited Drucrs
Art, 222. Officers included in the preceding provisions

TTTLE SiX - Crimes Against pubtic Morals

Chapter Five - infidelity of public Officers...,... 46
Att. 223. Connlving with or consenting to evasion
Chapter One - Gambling and Betting. ....,..,...,..,....34 Art 224, Evasion through negligence
Att 195, What acts are punishab/e in gambling Att. 225. Escape of prisoner under the custody of a person
Att. 195, Impoftation, sa/e and possession of lottery tickets not a public officer
or advertisenrents Art, 225. Renoval, concealment, or destruction of documents
Att. 197. Eetting in spolt contests Att, 227, Ofticer breaking sea/
Att, 198. Illegal bettitg on horse race Art. 228, Opening of c/osed documents
Att. 199. Iuegal cockfighting Art 229, Revelation of secrets by an officer
Art, 230, Public officer revealing secrets af private individual
Chapter Two - Offenses Against Decency and Good Customs,..37
Art 200. Grave scandal Chapter Six - Olher Offenses or lrregularities by
Art, 201, Immoral dodrines, obscene publications and Public Officers....,......,...., ......,..,...........49
exhibitions and indecent shows Att. 231. Open disobedience
Att, 202. Vagrants and prostitutes,, penalty Att, 232. Disobedience to order of superior officer when said order
was suspended by inferior offlcer
TITLE SEVEN - Crimes Committed by public Officers Att. 233. Refusal of assistance
Chapter One - Preliminary Provisions.... .................38 Att. 234'. Refusal to discharge eledive offjce
Art. 203. Wrc are public officers Att, 235. ltlaltreatmenf of prisoners
Art. 236. Anticipation of duties of a public office
Chapter Two - Malfeasance and Misfeasance in Office...,.. .......39
Art. 237. Prolonging performance of duties and oowers
Art. 204. Knowingly renderrng unlust judgment
At't. 205. Judgment rendered through negligence
Art. 238. Alsandoninent of office or Wsitan
Art. 239. Usurpation of legislative powers
Att. 207. l"lalicious delay in ihe administration of justice
Att, 240, Usurpation of executive functrons
Att. 209. Betrayal of trust by dn attorney or solicitor *
Att, 241. Usurpation of judicla/ functions
revelatton of secrets
/rrt, 24.?. Disobeying request for disqualification
Att. 210. Direct bribery
Att. ?43. Orders or request by executive officerc to any judicial
Art. 211. Indirect bribery
authority
Art. 2ll-4. Qualified brlbery
Att, 244, Unlawful appointments
Att. 212. Coruption of pub/ic officlals
Att 245. Abuses igainst chastity
Chapter Three - Frauds and Illegal Exactions
-
and Transactions.....,.,,.. ...............,....42
TTTLE EIGHT Crimes Against Persons
Att. 213, Frauds against the public treasury and sltnilar offenses CHAPTFR ONF - Destruction of life.....,,....,.. ..........S.1
Art, 2J4. Other frauds Att, 246, Paricide
Att, 215. Prohibited transactions Att. 247, Death or physical injuries inflrcted under exceptional
Att. 216, Possession of prohtbited lnterest by a putilic ofticer circumstances
Chapter Four - Malversation of Public Funds or frroperty.....,....44 Att, 248. Murder
Art.249, Honicide
Att. 217, MaA,ersatlon of public funds or property - Att. 250, Penalty for frustrated paricide, murder or homicide
presu m ptio n o f m a lve rsa tio n
Att. 251, Death caused in a tumultuous affray
vl
\,1 l

Art. 252, physical injuries infhcted in a tumultuous ,afttay

Att 253. Giving assistance to suicide Att. 283. Light threats
Art 254. Discharge of firearms Att, 284. Bond for good behavior
Att, 255. Infanticide Art 285, Other light threats
Art, 256, Intentional abortion Att 285. Grave coercions
Att. 257. Unintentional aboftlon Att 287. Llght coercions
Att. 258. Abortion practiced by the woman herself or by her parents Art. 288, Other similar coercions
Art. 259. Abortion pracilced by a physicran or midwife and clispensing
Art. 289. Formation, maintenance, and prohrbition of
combination of capital or labor through violence or threats
of abortrves
Att. 260. Responsibi/ity of ltafticipants in a duel Chapter Three -
Discovery and Revelalion of Secrets ,............,..75
Att. 261. Challenging to a due/ ArL 290. Discovering secrets through seizure ofcorespondence
Chapter Two - Physical Injuries.....,.. Art. 291. Revealing secrets with abuse of office
...................,60
Art. 252, Mutilation Att. 292, Revelation of industrial secrets
Art. 263. Serious physical lnlurtes
Art, 264. Adntinlstering injurious substances or beverages
TITLE TEN - Crimes Against Property
Att. 265. Less serious physica/ injuies Chapter One - Robbery in General.... .....................7,
Att. 256. Slight physical injurtes and ma/treatments Art, 293. Who are guilU of robbery
Att, 294. Robbery with vio/ence against or intimidation of
Chapter Three - Rape........,... ..,..,,....,63 persons
-
Penalties
Art. 266-4. Rape, when and how committed Art. 295, Rebbery with physical injuries, committed in an
Art. 266-8. Penalties uninhabited place and by a band, or with the use of
Att. 266-C. Effect of pardon firearm on a street road or alley
Att. 266-D. Presumptions Art, 296, Definition of a band and penalty incurred by the
nrcmbers thereof
TITLE NINE -
Crimes Against Personal Liberty and Securify
Art. 297, Attempted and l'rustrated robbery committed under
-
Chapter One Crimes Against Liberty..,,..,.,..........66 certa in circumsta n ce.s
Att 267. Kidnapping and serious iflegal detention Art, 298. Execution of deeds by means of violence or tntlmidation
Art. 268. Slight i//ega/ detentton Att, 299, Robbery in an inhabited house or public building
Art. 269. Unlawful arrest or edifice devoted to worship
Att 270. Kidnapping and fai/ure to return a minor Att, 300, Robbery in an uninhabited place and by a band
Art. 271, Inducing a mrnor to abandon his home Art, 301, What is an inhabited house, pubtic building or building
Att. 272. Slavery dedicated to relrgious worship and their dependencies
Art, 273. Explr:itation of child labor Att. 302. Robbery in an uninhabited place or in a private building
Alt. 274, Seruices rendered under compulsion in payment of debt Art. 303r Robbery of cereals, fruits, or firewood in an uninhabited
Chapter Two - Crimes Against Security....,.. ....,.....69
place or private buildlng
Att. 304, Possesslon of picklock or similar Tools
Art, 275, Abandonment of persons in danger and attandonment
of oneS own victim Att, 305, False keys
Att 276, Abandoning a minor Chapter Two - Brigandage.. ...,......,....81
Att, 277. Abandonment of minor by person entruste'd with his Att, 306, l,fho are brigands
custody; indifference of parents Att. 307. Aiding and abetting a band of brigands
Art 278, Euploitatlon of minors
Art 2n. Additional penalties for other offenses Chapter Three - Theft.,....,..... .........,..82
Art 280, Qualilled trespass to dwe/ling Art, 308, lilho are liable for thefr
Att, 309, Penalties
Alt 281, Other forms of trespass Art 310. Qualified theft
An', 282, Grave threats
 vnt

Art 311. Theft of the property of the National Libravy and Att, 341, White slave trade
Nalional Museum
Chapter Four - Usurpation.. .....,.....,,..85
Chapter Four - Abduction.... ................97
Att. 342. Farcible abdudion
Att 312, Orcupation of rea/ property or usurpation of Att, 343, Consented abduction
real rights in property
Art. 313. Altering boundaries or landmarks Chapter Five - Provisions Relative to the Preceding
Chapter Five *
Culpable Insolvenry... ..,..........,....,.8:;
Chapters of Title 81even,.,...... ..............ct8
Att. 314. Fraudu/ent insolvency Att. 344, Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts af lasciviousness
Chapter Six - Swindling and Other Deceits......,.,.,...... ... .........86 Art, 345, Civil liability of persons guilty of crimes against chastity
Att. 315. Swind/ing (Estafa) Art. 346. Liability of guardians, teachers, or other
"tscendants,
Att. 316. Other forms of swindling persons entrusted with the custody.of the offended pafi
Att. 317. Swinclling a minor
Art. 318. Other decelts TITLE TWELVE - Crimes Against the Civil Status of Persons
Chapter Seven - Chattel Mortgage..... ...........,.......91 Chapter One - Simulation of Births and Usurpation of
Art. 319. Remova/, sale or pledge of mortgaged pro,oerty CivilStatus.. 99
Att, substitution of one child for
-747, Simulation of births,
Chapter Eight - Arson and Other Crimes
InvolvingDestruction. ......,..........,..,,.92
another, and concealment or abandanment of a
egitimate chrld
Chapter Nine - Malicious Mischief....... ..,....,...........92 Att. 348, Usurpatton of civi/ status
Att. 327. Who are liable for malicious mischief
Art 328, Special cases of mallclous miscnlef
Chapter Two - Illegal Marriages.............. .........,....1O:)
Att. 329. )ther mischtefs
Att 349. Bigamy
Art. 350. Illegal marriage
Att 330, Damage and obstruction to means of communication Att. 351, Premature marnage
Att, 331. Destroying or damaging statues, public ntcvruntents or
paintings
Art 352, Perfomnnce of i//ega/ marriage ceremony
Chapter Ten * Exemption from Criminal Liability irr
TITLE THIRTEEN - Crimes Against Honor
Crimes Against Properg...... .....,....,...,.94 Chapter One - 1ibe1...,,...,.... .,,.,.........10i
Art 332. Persons exempt from criminal liability Att 353. Defrnition of libel
Att. 354, Requirement for publicity
TITLE ELEVEN - Crimes Against Chastity Att. 355, Libel by means of writlngs or similar means
Chapter One - Adultery and Concubinage....,....,.. ,...........,...... ..94 Art, 356, Threatening to publish and offer to prevent such
Att. 333, Wn are guilty of adu/tery publication for a compensation
Att. 334. Concubinage Att, 357, Prohibited publtcation of acts referred to in the course
of o fficia I p ro ce e din g s
Chapter Two - Rape and Acts of lascivicusness.......,................95
Art, 358. Slander
Art. 335, When and how rape ls contntitted Art, 359, Slander by deed
Chapter Three - Seduction, Corruption of Minors, and Att, 360. Perscns responslble
White Slave Trade.......... .....,................96 Art. 361, Proof of the truth
Att. 337, Qualified seduction Art 362, Libelous remarks
Att. 338. Simple seduction
Art. 339. Acts of lasciviousness with the consent of t,he offender p,zrry
Chapter Two - Incriminatory Machinations ..........101
Att. 363, Incriminating innocent persons
Att. 340. Corruption of minors Art, 354, Intriguing against honor
TITLE FOURTEEN - Quasi Offenses REVISED PENAL CODE OF THE PHILIPPINES
Sole Chapter - Criminal Negligence.. ,.....,.,..,........104
Art. 365. Imprudence and negligence BOOK TWO
CRIMES AND'PEIIALTIES
APPENDIX "A" - Grave felonies, less grave felonies and
light fe|onies.................. TITLE ONE
Crimes Against National Security
APPENDIX "B" - Classification of penalties. ..,...............107 " and the Law of Nations
APPENDIX "C" - Duration of pena|ties.....,..,,...... CHAPTER ONE
.........,108
Crimes Against National Security

Art. 114. Treason.

t . Elements:
(1) Offender is a Filipino gjlizen or tsridenl alien;
(2) There is afyal in which the Philippines is involved;
(3) Offender either -
(a) levies war against the government or
(b) ?ghgfg5 to her enemies, giving them aid or comfort.
Penalties:
(1\Reclusidn perpetua to death and a fine not to exceed
P100,000 if the offender is a Filipino citizen;
(2) Reclusidn temporal to death and a fine not to exceecr
F100,000 if the offender is a resident alien.
Art. 115. Conspiracy and proposal to commit treason.
r . Elements of cqnspiracv to commit treason;
(1) There isygg in which the Philippines is involved;
(2) At least U9JpJ persons come to an agreeneol to -
(a) ISW war against the government or
(b) adhe[g to the enemies, giving them aid-glcomfgE;
(3) They Cecide to commit it.
Penalty: Prisidn mayorand a fine not to exceed P10,000,
S. :
(1)There islvar in which the Philippines is involved;
(2) At least one person decides to -
(a) tzu war against the government or
(b) Adhge to the enemies, giving them aid-or-confo4
(3) He reBgggS its execution to some other persons.
Penalty: Prlsidn coreccionaland a fine not to exceed P5,000.
 Art. 116. Misprisi6n of treason. (b) exposure of Filipino citizens to reprisals on their
{ . Elements: persons or property,
(1) Offender rcS 4jggiA-oc to the Government, and is not a Penalties:
foreigner;
(2) He has knowledo$ of conspiracy to commit treason against
(1) Reclusidn temporal if offender is a public officer or
emptoyee;
the Government; (2) Prisi6n mayorif offender is a private individual,
(3) He conqeals or does not disclose and make known the same Art. 119, Violation of neutrality.
as soon as possible to lhe qovernor or [$aJ of the province, or the
I. Elqnents:
mgpr or fiscal of the city in which he resides. (1) Therc is a war in which the philippines is not involved;
Penalty: Punished as an accessory to the crime of treasorr, (2) There is a Egglgllgn issued by a com@Eiltl6rty ro
Art. 117. Espionage. enforce neutrality;
Acts ounished and theirlespective elements; (3) offender viglales,llg reg!g!!g!,
s . (1) Entering, without authority therefor, a warship, fort, or PenAlU: Prisidn correccional,
naval or military establishment or reseruation to abtain any Art. 120. Correspondence with hostile country.
information, plans, photographs, or other data of a confidential c . Elements:
nature relative to the defense of the philippines. (1) It is in time ofga1 in which the philippines is invotved;
(a) Offender-g$eII; any of the places mentionecl; (2) Offender makes cgrresoondenc$ with an enemy gggngy
(b) He has n0 aqthority therefor; or
tgdla|t-Qccupied by enemy troops;
(c) His purpose is to obtain any information, plans, (3) The correspondence is either
photographs, or other data of a corrfidential nature relative to -
(a) P,rrbihiled bY the Government;
the defense of the Philippines. (b) carried on in ciphgrs or conventiqnal signs; or
(" . (2) Disclosing to the representative of a foreign nailon the (c) containing qgligg._qfjnfogatio! which mighr be used
contents of the articles, data, or information referred to in paragraph
to the enemy,
1 of Article 117, which he has in possesslon by reason of the public. Penalties;
office he ho/ds:
(a) Offender is a public officer. '
(1) Prisidn correccianal if the correspondence has been
(u) ne rii il ffil*l rhe artictes, data, or
prohibited by the Government;
(2) Prisi6n mayorif the correspondence be carried on in ciphers
information referred to in paragraph 1 of Article 117,, by reason or conventional signs; and
of the public office he holds; (3) Reclusidn temporalif notice or information be given thereby
(c) He llSSleSeS their contents to a rgplgtative- of a which might be useful to the enemy, If the offender intended to aid
foreiqo-oatiao the enemy by giving such notice or information, he shall suffer the
Pe_nalty: Prisidn correccional. The penalty next higher in degree shall penalty of from reclusidn temporalto death,
be imposed if the offender is a public officer or employee.
Art. 121. Flight to enemy's country.
Art. 118. IncitinE to war or giving motives for reprisals. ao' -Elc.m.S:
r. Elements: (1) There is gg in which the Philippines is inrrolved;
(1) Offenderperforms@; (2) Offender must be Eruino alle,oiansq to the Government;
(2) The acts pgoke or glve cccasion for
(a) a yar involving or liable to involve- the phlllppines; or
(!)
(4)
Qffenaer &ne$J9-flS-gt"g9 to an enemy counrry;
Golng to th6 enemy country is prohibit4 by competent
authority.
 Penalfy: Arresto ma/or. (4) The preceding were committed under any of the following
Art. 122. Piracy in general and mutiny on the high seas
.
circumstances:
or in Philippine waters. (a) whenever they have seized a vessel by boarding or
It . Elements of Diracv: firing uporr the same;
(1) The vessel is on hiqh seas or Philippine watr$; (b) whenever the pirates have abandoned their victims
(2) Offenders are Etlgf members of its complement nor without means of saving thernselves; or
passelgers of the vessel; (c) whenever the crime is accompanied by murder,
(3) Offenders either homicide, physical in;uries, or rape.
(a) a$Kgl -
rizs a vessel on the high seas or in Philippine Penalty: Reclusldn perpetua to death.
waters;
TITLE TWO
- (b) seize in the vessel while on the high seas or in Crimes Against the Fundamental Laws of the State
Philippine waters the whole or part of the
its qgglprngnt, or personal
Sg of said vessel, CHAPTER ONE
belonoings of its complement or Arbitrary Detention or Expulsion, Violation of Dwelling,
passengers. Prohibition, Interruption, and Dissolution of peaceful
(4) There is inten! to qain, Meetings and Crimes Against Religious Worship
Penalty: Rrlusidn peryetua,
lr . Elements of mutinv:
Art. 124. Arbitrary detention.
Elements:
(1) The vessel is on Ugh seas or Philipoine wats:rs; (1) Offender is a public cfficer or employee;
(2) Offenders are members of its complement or passengers of (2) Offender detains a person;
the vessel;
(3) Offenders either - (3) The detention is without legal grounds,
Penaltigsl
(a) attack or seize a vessel on the high seas or in Philippine (1) Arresto mayorin its maximum period to prisidn coreccional
waters;
(b) in its minimum period, if the detention has not exceeded three (3)
seize in the vessel while on the high seas or in
days;
Philippine waters the whole or part of the cargo of said vessel,
its equipment, or personal belongings of its complement or (2) Prisidn correccionalin its medium and maximum periods, if
passengers.
the detention has continued for more than three (3) but not more
than fifteen (15) days;
Penaltv: R*lusi6n perpetua.
(3) Prision ma,/or, if the detention has continued for more than
Art. 123. Qualified pirary. fifteen (15) days but not more than six (6) months; and
Elements: (4) Reclusidn temporal, if the detention shall have exceeded six
(1) The vessel is on the high seas or Philippine waters; (6) months.
(2) Offenders may or may not be members of its complement, Aft. 125. Delay in the delivery of detalned persons to the
or passengers of the vessel; proper Judicial authorities.
(3) Offenders either - Elements:
(a) attack or seize the vessel; or (1) Offender is a public officer or employee;
(b) selze the whole or part of the cargo, its equipment, or (2) He detalns a person for some legal ground;
in personal belongin$s of the crew or passenEers"
 (3) He fails to deliver such person to the proper juciicial
authorities within the period of
-
(a) twelve (12) hours, for crimes or offense:; punishable iry
light penalties, or their equivalent;
(b) eighteen (18) hours, for crimes or offenses punishable
by correctional penalties, or their equivalent; and
(c) thirty-six (36) hours, for crimes or offenses punishable
by afflictive or capital penalties, or their equivalent.
Penalties:
(I) Aresto mayorin its maximum period to prisi1n correccional
in its minimum period, if the detention has not exceeded three (3)
days;
(2) Prisiin correccionalin its medium and maxirnum periods, rf
the detention has continued for more than three (31) but not more
than fifteen (15) days;
(3) Prision mayor, if the detention has continuecl for more than
fifteen (15) days but not more than six (6) months; and
(4) Reclusidn temporal, if the detention shall harre exceeded six
(6) months.
Art. 126. Delaying release,
Elements:
(1) Offender is a public officer or employee;
(2) There is a jrrdicial or executive order for lhe release of a
prisoner or detention prisoner, or tlrat there is a pror:eeding upon a
petition for the liberation of such person;
(3) Offender without good reason delays -
(a) the performance of any judicial or executive order for
the release of a prisoner or detention prisoner, or
(b) the service of the notice of suclr order lto said prisoner
or
(c) the proceedings upon any petition for the liberation of
such person.
Penalty:
(l) Anesb mayor in its maximum period to pris:i6n correccional
in its minimum perlod, if the delay has not exceeded three (3) days;
(2) Prisldn correnional in its medium and maximum periods, if
the delay has continued for more than three (3) but not more than
fifteen (15) days;
(3) Prision mayor, if the delay has continued for more than
fifteen (15) days but not more than six (6) months; and
(4) Reclusidn temporal, if the delay shall have exceeded six (6)
months.
Art. L27, Expulsion.
Elements:
(1)Offender is a public officer or employee
(2)He either
-
(a) expels any person from the Philippine; or
(b) compels such person to change his residence;
(3) Offender is not authorized to do so under law.
PenalW: Prisidn coreccional,
Art, 128, Violation of domicile.
ActsJ:Unished:
(1) Entering any dwelling against the will of the owner thereof;
(2) Searching papers or other effests found therein without the
previous consent of such owner; or
(3) Refusing to leave the premises, after having surreptitiously
entered said dwelling, and after having been required to leave the
sarne,
Common elements:
(1) Offender is a public officer or employee;
(2) He is not authorized by judicial order to enter the dwelling
or to make a search therein for papers or other effects.
PenaltieS;
(1) Prisi1n coreccionalin its minimum period, in general.
(2) Prisidn coneccionalin its medium and maximum periods, if
the offense be compritted in the nighttime, or if any papers or effects
not constituting evidence of a crime be not returned immediately
after the search made by the offender.
Art. 129. Search warrants maliciously obtained, and
abuse in the service of those legally obtained.
Acts punished and their respective elementS:
(7) Procuring a search warant without just cause.
(a) Offender is a public officer or employee;
(b) Fre procures a search warran$
(c) There is no just cause.
 (2) Exceeding authority or using unnecessary severity in Penalties;
executing a search warrant legally procured. (l) Prisidn orercionalin its minimum period, in general;
(a) Offender is a public officer or employee; (2) Prlstdi @ffeccionalin its medium and maximum perlods, if
(b) He has legally procured a search warrernt; the crime shall hdve been committed with violence or threats.
(c) He exceeds his authority or uses unnecessary severify in Art. 133. Uffending the religious feelings.
executing the same. Eleme;rts:
Penalty: In addition to the liability attaching to the offender for the (1) Acts complained'of were performed in a place devoted to
commission of any other offense, the penalEy of arresto mayorin its religious worship,or during the celebration any religious of
maximum period to prisidn coreccionalin its minimum period ancl a ceremony;
fine not exceeding P1,000. (2) The acts must be notoriously offensive to the feelings of the
Art. 130. Searching domicile without witnesses. faithful.
Elements: Penalty: Arcesto mayor in its maximum period to prision correccional
(1) Offender is a public officer or enrployee; in ils minimum period,
(2) He is arnred with a search warrant legally procured; TITLE THREE
(3) He searches the domicile, papers or other brelongings of any Crimes Against Public Order
person; CHAPTER ONE
(4) The owner, or any member of his family, or tv/o witnesses Rebellion, Coup d'etaf, Sedition, and Disloyalty
residing in the same locality are not present.
Art. 134. Rebellion or insurrection.
Penafty: Arresto mayorin its medium and maximum periods.
Elements:
Aft. 131. Prohibition, interruption, and dissolution of (1) There is a public uprising and taking arrns against the
peaceful meetings. Government;
ElemenE: (2) The purpose of the uprising or movement is -
(1) Offender is a public officer or employee; (a) to remove from the allegiance to said Government or
(2) He performs any of the following acts: its laws, the territory of the Republic of the Philippines or any
(a) prohibiting or interrupting, without legal ground, the part thereof, of any body of land, naval or other armed forces,
holding of a peaceful meeting, or by dissolving the sarne; or
(b) hindering any person from joining any lawl'ul (b) to deprive the Chief Executive or the Legislature, whollv'
association or from attending any of its meetings; or or partially, of any of their powers or prerogatives'
(c) prohibiting or hindering any person from addressing, d'tat
either alone or together with others, any petition to the
Aft, 134-A. CouP
Elements:
authorities for the correction of abuses or redres:; of grievances,
Penaltv: Prisidn coreccionalin its minimum period.
(1) Offender is a person or persons belonging to the military c'r
police or holdlng any public office or employment;
Art. 132. Interruption of religious worship. (2) It is commltted by means of a swift attack accompanied by
Elements: violence, intimldation, threat, strategy or stealth;
(1) Offender is a public officer or employee; (3) The attack is directed against the duly constitutecl
r,4 Rellgious ceremonies or manifestations of ;any religion are authorlties of the Republic of the Philippines, or any military camp or
about to take place or are going on; installatlon, communication networks, public utilities or other facilitie's
(3) Offender prevents or disturbs the same, needed for the exercise and continued possession of power;
10
II

(4) The purpose of the attack is to seize or diminish state Penalties:

power. (1) The conspiracy and proposal to commit coup d'6tat shalt b:
Art. 135. Penalty for rebellion, insurreqtion or coup punished by prisi1n mayor in its minimum period and a fine whicr
d'dtat, shal[ not exceed F8,000;
Persons liable qnd corresponding oenaltlqs: (2) The conspiracy and proposal to commit rebellion or'
(1) Any person who promotes, maintains or heads a rebellion or insurrection shall be punished, respectively, by prisi6n coreccionaltn
insurrection shall suffer the penalty of reclusr6n perp,etua. its maximum period and a fine which shall not exceed P5,000, and by
(2) Any person merely participating or executing the commands prisldn correccional in its medium period and a fine which shall nor
of others in a rebellion or insurrection shall suffen the penalty of exceed F2,000.
reclusi6n temporal. Art. 137. Disloyalty of public officers or employees.
(3) Any person who leads or in any manner directs or Eleme[ts:
commands others to undertake a coup d'dtat shall suffer the penalty (1) Offender is a pubiic officer or employee.
of rec/usidn perpetua. (2) Offender commits any of the following acts:
(4) Any person in the government service who participates, or (a) failing to resist a rebellion by all the means in therr
executes directions or commands of others in undertaking a coup power;
d'dtat shall suffer the penalty of reclusidn temporalin its maximum (b) continuing to discharge the duties of their offices under
period, the control of the rebels; or
(5) Any person not in the government service r,vho padicipates, (c) accepting appointment to office under them,
or in any manner supports, finances, abets or aids in undertaking a Penalty: Prlsidn coneccionalin its mrnimum period.
coup dEtat shall suffer the penalty of prisi6n mayor in its maximum
period. Art. 138. Inciting to rebellion or insurrection.
Elements:
Art. 136. Conspiracy and proposal to comn'it coup d'etat, (1) Offender does not take arms or is not in open hostility
rebellion or insurrection, against the (iovernment;
Acts punished and their respective elements: (2) He incites others to the execution of any of the acts ot'
(1) Conspiracy to commit coup d'dtat, rebellion or insurrection, rebellion specified in Arlicle 134 of the Revised Penal Code;
(a) Two (2) or more persons come to ern agreement to (3) The inciting is done by means of speeches, proclamations,
swiftly attack or to rise publicly and take arms against the writings, emblems, banners or other representations tending to the
Government for any of the purposes of rebellion or insurrection; same end.
(b) They decide to commit it, Penalti{: Prisidn mayorin its minimum period,
(2) Propsal to commit coup d'6tat, rebellion or insunection, Art. 139. Sedition.
(a) A person has decided to swiftly attack or to rise pubiicly Elements:
and take arms against the Governmeni for any of the purpcrse:; (L) Offenders rise publicly and tumultuously;
of rebellion or insurrection; (2) Offenders employ force, intimidation, or by other means
(b) Such person proposes its execution to some other outside of legal methods;
person or persons, (3) Purpose is to attain any of the following objects:
(a) to prevent the promulgation or execution of any law or
the holding of any popular election;
(b) to prevent the National Government, or any provinciai
or municipal government, or any public officer thereof frorn
 1J

13

freely exercising its or his functions, or prevent the execution

of meet together for unrawfur purposes,
any administrative order; or whrch suggest or incite
(c) to inflict any act of hate or revenge upon the person or rebellious conspiracies or riots, or which lead or tend'io stii up
the
people agalnst the lawful authorities or to disturb
property of any public officer or employee; the peite dr mu
(d) to ommit, for any political or social end, any act of community, the safeg and order of the Government, or who shall
hate or revenge against private persons or any sor:iai class; and knowingly conceal such evil practices.
(e) to despoil, for any political or social eM, any person, Elements:
municipality or province, or the National Government of all its (1) offencer does not take direct part in the crime of sedition;
property or any part thereof, (2) He incites others to the accomprishment of any of the acts
which constitute sedition;
Art. 14O. Penalty for sedition. (3) lnciting is done by means of speeches, proclamations,
Penaltieg: writings, emblems, cartoons, banners, or other representations.
(1) The leader of a sedition shall suffer the penalfy of prision Penahr: Prisidn coreccionalin its maximum period and a fine not to
mayorin ils minimum period and a fine not exceeding p10,000; exceed P2,000,
(2) _Other persons participating therein shall suffer the penalty .
of- prisi5n oneccional in its maximum period and a fine n,rt CHAPTER TWO
exceeding F5,000, Crimes Against popular Representation
Art. 141. Conspiracy to commit sedition.l Art. 143. Acts tenJing to prevent the meeting of the
Assembly and similar bodies.
Elements:
Elemenls:
(1) Two (2) or more persons come to an agreement ancl a
(1) 'fhere
is a projected or actual meeting of Cong;.ess or any of
decision to rise publicly and tumultuously to attain any, of the objects
of sedition;
its committees or subcommittees, constitutional Committees or
divisions thereof, or of any provincial board or city or municioal
(2) They decide to commit it.
council or boarC;
Penalty: Prisi5n corrrccionalin its medium period and a fine not to
exceed F2,000.
(2) Offender, who r,ta! be any person, prevents such meetings
by force or fraud,
Art. 142. Inciting to sedition. Penalty: Prisi5n correccionalor a fine ranging from F200 to F2,000,
Acts punished: or both,
(1) Inciting others to the accomplishment of any of the acts
which constitute sedition, by means of speeches, proclamations, Art. 144, Disturbance of proceedings.
Elements:
writings, emblems, cartoons, banners, or other representations (1) There is a meeting cf Congress of the philippines or of any
tending to the sarne end;
(2) Uttering seditious words or speeches which tend to disturb of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board or ciw or
the public peace;
municipal council or board, or;
(3) Writing, publishing, or circulating scurrilous libels against (2) Offender does any of the following acts:
the Govemrnent, or any of the duly constituted authorities thereef, or
which tend to disturb or obstruct any tawful officer in executing the
(a) He disturbs such meetings; or
functions of hls office, or which tend to instigate others to cabal ano
(b) He behaves while in the presence of any such bodies in
such manner as to interrupt its proceedings or to impalr the
respect due it.
I Therc is no
Penalty: Anesto mayor ot a fine from p200 to F1,000.
proposal lo cammil xdition,
14
Art. 145. Violation of parliamentary immunity.
Acts punighed and their respective eleme-nts:
(1) Using force, intinidation, threats, or fraud to prevent any
member of hngress ftom attending the meetings ol" Congress, or of
any of iB committees or subcommittees, constitutional commissitns
or committees or divisions thereof, from expressing his opinions' or
casting his vote.
(a) Offender uses force, intimidation, threats, or fraud;
(b) The purpose of the offender is to prevent any member of
Congress from:
(i) attending the meetings of any of its committees or
constitutional commissions, etc, ;
(ii) expressing his opinion; or
(iii) casting his vote.
(2) Arestir;g or searching any member of Congress while it is in
regular or special session, except in case such member has
committed a crime punishable under the Revised Penal Code by a
penalty higher than prisi6n mayor.
(a) Offender is a public officer or employee
(b) He arrests or searches any member of Congress;
(c) Congress, at the time of arrest or search, is in regular
or special session;
(d) The member arrested or searched has not committed a
crime punishable under the Code by a penallry higher than
prisi6n mayor,
Penalties:
(1) Prisi1n mayor if force, intimidation, threats or fraud is used
to prevent a member of Congress from attending the meetings of
Congress or any of its committees or subcommittees, constitutional
commissions or comrnittees or divisions thereof, from expressing his
opinion or casting his vote;
(2) Pnsidn orrecciona/ if a member of Congress is arrested or
searched while Congress is in regular or special session.
CHAPTER THREE
Illegal a nd Associations
"Assemblies
Art. 146. Illegal assemblies.
Acts ounishgd and ttLqir rgsqective elements:
(l) Any meeting attended by armed persons for the purpose of
ccmmitting any of the crimes punishable under this Code,
l:r
(a) There is a meeting, a gathering or group of persons,
whether in fixed place or moving;
(b) The meeting is attended by armed persons;
(c) The purpose of the meeting is to commit any of the crimes
punishable under the Revised Penal Code.
(2) Any meeting in which the audience, whether armed or not,
is incited to the commission of the crime of treason, rebellron o;
insurrection, sedition or assault upon a person in authortty or hrs
agents,
(a) There is a rneeting, gathering or group of persons,
whether in a fixed place or moving;
(b) The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection,
sedition, or direct assault.
Penalties:
(1) For organizers or leaders: prisiin coneccional in its
maximum pe;iod to prisi6n mayorin its medium period;
(2) For persons merely present at such meeting: arresto mayor,
unless they are armed, in which case the penalty shall be prisi6n
correccional.
Art. t 47, Ifiegal associations,
Illegal associations:
(1) Associations totally or paftially organized for the purpose of
committing any of the crimes punishable under the Revised Penal
Code;
(2) Ass<,,ciations totally or partially organized for some purpose
contrary to public morals.
Persgns liable:
(1) Founders, directors and president of the association;
(2) Mere members of the association.
Penalties:
(1) For founders, directors, and presidents of associations:
prisidn coreccionalin its minimum and medium periods and a fine
not to exceed P1,000;
(2) For mere members of said associations: aresto mayor.
76
CHAPTER FOUR
Assault Upon, and Resistance and Disobedlience to,
Persons in Authority and Their Agents
Art. 148. Direct assaults.
Acts punished and their respediveelements:
(1) Wthout a public uprising, by employing forae or lntimidation
for the attainment of any of the purposes enumerateo in defining the
crimes of rebellion and sedition.
(a) Offender employs force or intimidation;
(b) The aim of the offender is to attain any of the purposes of
the crime of rebellion or any of the objects of the crime cf sedition;
(c) There is no public uprising.
(2) Wthout a public uprising, by attacking, by emplctying force,
or by seriously intimidating or resisting any person in authority or any
of his agents, while engaged in the performance of official duties, or
on occasion of such pefformance,
(a) Offender makes an at[ack, employs force, makes
serious inUmidation, or makes a serious resistance;
(b) The person assaulted is a person in eruthority or his
agenr;
(c) At the time of the assault, the person in authority or his
agent is engaged in the actual performance of official duties, or
that he is assaulted by reason of the past performance of official
duties;
(d) Offender knows that the one he is essaulting is
person in authority or his agent in the exercise of his duties;
(e) There is no public uprising,
Penalties:
(1) Prisidn correccional in its medium and maximum periods
and a fine not to exceed P1,000, when the assault is committed with
a weapon or when the offender is a public officer or employee, or
when the offender lays hands upon a person in authority;
(2) If none of these circumstances be present, the penal$ of
prisidn corrcionalln its minimum period and a fine not to exceed
F500.
11
Art, 149. Indirect assaults.
Elements:
(1) A person in authority or his agent is the victim of any of the
forms of dlrect assault defined in Article 148;
(2) A person comes to the aid of such authority or his agent;
(3) Offender makes use of force or intimidation upon sucft
person coming to the aid of the authority or his agent.
Penalty: Prisifin coreccionalin its minimum and medium periods and
a fine not to exceed P500.
Art. 150. Disobedience to summons issued by the
National Assembly, its committees or subcommittees, by the
Constitutional Commissions, its committees, subcommittees
or divisions.
Acts ounished:
(1) By refusing, without legal excuse, to obey summons oi
Congress, its special or standing comrnittees and subcommittees, tht:
a Constitutional Commissions and its committees, subcommittees or
divisions, or by any commission or committee chairman or member
authorized to summon witnesses;
(2) By refusing to be sworn or placed under affirmation whik:
being before such legislative or constitutional body or official;
(3) By ;'efusing to answer any legal inquiry or to produce an'/
books, papers, documents, or records in his possession, when
required by them to do so in the exercise of their functions;
a (4) By restraining another from attending as a witness in suclr
legislative or constitutional body;
(5) By inducing disobedience to a summons or refusal to be
sworn by any such body or official.
PenalW: Anesto mayor or a fine ranging from F200 to P1,000, c't
both.
Art. 151. Resistance and disobedience to a person in
authority or the agents of such person.
Elements of resistance and serious disobedience:
(1) A person in authority or his agent is engaged in the
performance cf official duty or gives a lawful order to tlre offender;
(2) Offender resists or seriousty disobeys such person in
authority or his agent;
(3) The act of the offender is not included in the provisions of
Articles 148, 149, and 150.
Id 19

Penalty: Anesto mayorand a fine not exceeding P500" (4) Displaying placards or emblems which provoke a
Elements of simole disobgdience: disturbance of purblic order in such place;
(1) An agent of a person in authority is engaged in the (5) Burying with pomp the body of a person who has been
performance of official duty or gives a lawful order to the offender; legally executed.
(2) Offender disobeys such agent of a person in authority; Penalties:
(3) Such disobedience is not of a serious nature. (7) Arresto mayorin its medium period to prisidn coneccionalin
Penalty: Anesto menoror a fine ranging from P10 to $t100. its minimum period and a fine not to exceed F1,000;
Art. 152. Persons in authority and agents of persons in (2) The pendlty next higher in degree shall be imposed upon
authority. persons causing any disturbance or interruption of a tumultuous
(1) A person in authority is one directly vested wlth jurisdiction, character. The disturbance'or interruption shall be deemed to be
that is, the povrer and authority to govern and execute lhe laws. tumultuous if caused by more than three (3) persons who are armed
(2) An agent of a person in authority is one charged with (1) or provided with means of violence;
the maintenance of public order and (2) the protection and security (3) The penalty of aresto mayor shall be imposed upon any
of life and property, person who in any meeting, association, or public place, shall make
Examoles of persons in authority: any outcry tending to incite rebellion or sedition or in such place shall
(1) Municipal mayor; display placards or emblems which provoke a disturbance of the
(2) Division superintendent of schools; public order.
(3) Public and private school teachers; (4) The penalty of aresto menor and a fine not to exceed P200
(4) Teacher-nurse; shall be imposed upon those persons who in violation of the
(5) President of sanitary division; provisions contained in the last clause of Article 85, shall bury with
(6) Provincial fiscal; pomp the body of a person who has been legally executed.
(7) Justice of the Peace; Art, 154. Unlawful use of means of publication and
(B) Municipal councilor; unlawful utterances,
(9) Barrio captain and barangay chairman, Acts punished:
CHAPTER FIVE (1) Publishing or causing to be published, by means of printing,
Public Disorders lithography or any other means of publication, as news any false
Art, 153. Tumults and other disturbances of public news which may endanger the public order, or cause damage to the
orders. interest or credit of the State;
Acts ounished: (2) Encouraging disobedience to the law or to the constituted
(1) C-ausing any serious disturbance in a public place, office or authorities or praising, justifying or extolling any act punished by law,
establishment; by the same means or by words, utterances or speeches;
(2) Interrupting or disturbing performances, functions or (3) Maliciously publishing or causing to be published any official
gatherings, or peaceful meetings, if the act is not included in Articles resolution or document without proper authority, or before they have
131 and 132; been published officially;
(3) Making any oulcry tending to incite rebellion or seditlon in (4) Printing, publishing or distributing (or causing the same)
any meeting, association or public place; books, pamphlets, periodicals, or leaflets which do not bear the real
printer's name, or which are classified as anonymous,
Pqalty: Arresto mayorand a firre ranging from P200 to P1,000,
ZU
Art. 155. Alarms and scandals.
Acts ounished:
(1) Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to cause (which
produces) alarm of danger;
(2) Instigating or taking an active part in any charivarior :ther
disorderly meeting offensive to another or prejudicial to public
tranquility;
(3) Disturbing the public peace while wandering about at night
or while engaged in any other nocturnal amusements;
(4) Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 in not applicable.
Penaltv: Anesto menoror a fine not to exceed P200.
Art. 156. Delivering prisoners from jail.
Elements:
(1) There is a person confined in a jail cr penal establishment;
(2) Offender removes therefrom such person, or helps the
escape of such person.
Penalties:
(l) Arresto mayorin its maximum period to prisi6n correccional
in its minimum period if violence, intimidation, or bribery is used,
(2) If other means are used, the penalty of arresto mayor shall
be imposed.
(3) 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.
CHAPTER SIX
Evasion of Service of Sentence
Aft. 157. Evasion of service of sentence.
Elements:
(1) Offender is a convict by finaljudgment;
(2) He is serving sentence which consists in the deprivation of
libefi;
(3) He evades seruice of his sentence by escaping during the
term of his sentence.
PeJralties:
G\ Pnslon oneccionalin its medium and maximum periods,
general.
2l
(2) Prisi5n correccionalin its maximum period if such evasion or
escape shall have taken place by means of unlawful entry, by
breaking doors, windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, disguise, deceit, violence or intimidation, or
through connivance wrth other convicts or employees of the penal
institution.
Aft. 158. Evasion of seruice of sentence on the occasior,
of disorder, conflagrations, earthquakes, or other calamities.
Elements:
(1) Offender is a convict by final judgment, who is confined in a
penal institution;
(2) There is disorder, resulting from
(a) conllagration; -
(b) earthquake;
(c) explosion;
(d) similar catastrophe; or
(e) mutiny in which he has not participated.
(3) He evades the service of his sentence, by leaving the penal
institution where he shall have been confined, on the occasion of
such disorder or during the nrutiny;
(4) He fails to give himself up to the authorities within forty-
eight (48) hours following the issuance of a proclamation by the Chier
Executive anrrouncing the passing away of such calamity.
eCOalQ: increase of one-fifth (U5) of the time still remaining to be
served under the original sentence, which in no case shall exceed six
(6) months.
Art. 159. Other cases of evasion of service of sentence.
Elements of violation of conditional pardon:
(1) Offender was a convicfi
(2) He was granted pardon by the Chief Executive;
(3) He viotated any of the conditions of such pardon,
Penalties:
(l) Prisit5n.conercionalin its minimum period, in general.
(2) If the penalty remitted by the granting of such pardon
be
higher than slx (6) years, Ihe convict shall then suffer the unexpired
portion of his original sentence.
in
22.
CHAPTER SEVEN
Commission of Another Crime During Service
of Penalty Imposed for Another Previous Offense
Art. 160. Commission of another crime during service of
penalty imposed for another previous offense.
Elements:
(1) Offender was ali'eady convicted by final judgment
cffense;
(2) He committed a new felony before beginning to serue such
sentence or while serving the same.
Penaltv: Maximum period of the penalty prescribecl by law for the
new felony.
TITLE FOUR
Crimes Against Public Interest
CHAPTER ONE
Forgeries
Art. 161.Counterfeiting the great seal of the
Government of the Philippine Islands, forging the signature
or stamp of the Chief Executive,
Acts punished:
(1) Forging the Great Seal of the Government
Philippines;
(2) Forging the signature of the President;
(3) Forging the stamp of the President,
PenalW: Reclusi6n temporal.
Art. 162. Using forged signature or counterfeit seal or
stamp.
Elements:
(1) The Great Seal of the Republic was counterfeited or the
signature or stamp of the Chief Executive was forged by another
person;
(2) Offender knew of the counterfeiting or forgery;
(3) He used the counterfeit seal or forged signature or stamp,
(4) Offender should not be the forger,
Penalty: Prlsion mayor,
Art. 163. Maklng and importing and uttering false coin.
Elements:
(1) There be false or counterfeited coins;
(2) Offender either made, impofted or uttered such coins;
(3) In case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers.
Kinds of cojnr; the counterfeitinq of which is punished:
(1) Silver coins of the Philippines or coins of the Central Bank ol
the Philippines;
of one (2) Coins of the minor coinage of the'Philippines or of the
Central Bank of the Philippines;
(3) Coin of the currency of a foreign country.
Penalties:
(L) Prisidn mayor in its minimum and medium periods and 'r
fine not to exceed P10,000, if the counterfeited coin be silver coin cf
the Philippines or coin of the Central Bank of the Philippines of ten'
centavo denomination or above.
(2) Prisidn arreccionalin its minimum and medium periods and
a fine of not to exceed F2,000, if the counterfeited coins be any of
the minor coinage of the Philippines or of the Central Bank of th',:
Philippines below ten-centavo denomination,
(3) coreccionalin its minimum period and a fine not to
Prisit5n
exceed P1,000, if the counterfeited coin be currency of a foreign
country. (As amended by R.A. No. 4202, approved June 19, 1965).
of the Art. 164. Mutilation of coins.
Acts punished:
(1) Mutilating coins of the legal currency, with the fufther
requirement that there be intent to damage or to defraud another;
(2) Impofting or uttering such mutilated coins, with the further
reouirement that there must be connivance with the mutilator or
impofter in case of uttering.
Penaltv: Prisidn correccionalin its minimum period and a fine not to
exceed F2,000.
Aft, 165. Selling of false or mutilated coin, without
connivance.
Acts ounished and their resoective elements:
(l) Possession of coin, counterfeitdor mutilated by another
person, with intent to utter the same, knowing that it is false or
mutilated,
(a) Possession;
(b) With intent to the utter; and
(c) Kngwledge.
 ')^

(2) Actuary uttering such farse or mutirated coin, knowing Penalty: Prisidn coreccional in its medium and maximum periods
same to be false or mutilated. the
and a flne not to exceed P6,000,
(a) Actually uttering; and
(b) Knowtedge.
Art. 168. Illegal possession and use of false treasury or
Pe.nalty: penalg lower by one degree than that prescribed bank notes and other instruments of credit,
,The in Elements:
said articles.
(1) Any treasury or bank note or certificate or other obligation
Art. 166. Forging treasury or bank notes or oilrer and securi$ payable to bearer, or any instrument payable to order or
documents payab.le to bearer; importing and uttering
suctl other document of credit not payable to bearer is forged or falsified
false or forged notes and documenis.
by another person;
Acts ounished:
(1)' Forging or falsification of treasury or bank
(2) 0ffender knows that any of those instruments is forged or
,
documents payable to beare:;
notes or other falsified;
(2) Importation of such farse or forged obrigations or notes; (3) He either -
(a) uses any of such forged or falslfied instruments; or
!:l uttering of_ such farse or roried obrfiauons or noies in (b) possesses with intent to use any of such forged or falsified
connivance with the forgers or importers
instruments,
Penalties:
Penalty: Penalty next lower in degree than that prescribed in said
(1) R*lusidn temporalin its minimum period and a fine not to articles,
exceed F10,000, if the document which has been
farsified, Art. 169. How forgery is committed.
counterfeited, or artered is an obligation or security
of the (United (1) By giving to a treasury or bank note or any instrument
States or of the) philippines Islands.
payable to bearer or to order mentioned therein, the appearance of a
_Prisi6n mayor in its maximum period arrd a fine not to
(2.)
exceed R2,000, when the forged or altered document true and genuine documenU
is a circulating (2) By erasing, substituting, counterfeiting, or altering by any
note issued by any banking association dury authorizeo
oy-taw to means the figures, letters, words, or sign contained therein.
issue the same.
Pisidn mayorin its medium period and a flne not to exceed Art. 170. Falsification of legislative documents.
^- ^l:) if the farsified or counterfeited
P5,000, Elements:
document was issued by a
foreign govemment. (1) There is a bill, resolution or ordinance enacted or approvetl
(4) in its minimum period and a fine not ro or pending approval by either House of 'the Legislature or any
_Prixin
exceeo P2,000, when the rorged or altered document provincial board or municipal council;
is a circulating
note or bill issued by a foreign bank dury authorized threrefor. (2) Offender alters the same;
Art. L67, Counterfeiting, (3) He has no proper authority therefor;
importing, and uttering (4) The alteration has changed the meaning of the document.
instruments not payable to beirer.
ElementE: Penalty: Prisi6n coreccionalin its maximum period and a fine not to
(1)
There is on instrument payable to order or other documenr exceed P5,000,
of credit not payable to bearer; Art. 171, Falsification by public officer, employee or
(2) Offender either forged, imported or uttered such
notary or ecclesiastical minister.
instrumenU Elements:
(3) In case of uttering, he connived with the forger or impoder. (1) Offender is a public officer, employee, or notary public;
(2) He takes advantage of his official posltion;
26
(3) He falsifies a document by committing any of the following
acts:
(a) counterfeiting or imitating any'handwriting, signature
or rubric;
(b) causing it to appear that persons have participated in
any act or proceeding when they did not in fact so participate;
(c) attributing to persons who have pafticipated in an act
or proceeding statements other than those in fact made by
them;
(d) making untruthful statements in a narration of facts;
(e) altering true dates;
(0
making any alteration or intercalatiott in a genuine
document which changes its meanlng;
(g) 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
(h) intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official book,
(4) In case the offender is an ecclesiastical minister who shall
commit any of the offenses enumerated, with respect to any record
or document of such character that its falsification ma'y affect the civil
status of persons.
Penaltv: Prisidn mayorand a fine not to exceed P5,000.
Art. 172. Falsification by private individu;rl and use of
falsified documents.
Acts ounished and their respective elements:
(1) Falslftation of publiq official or ammercial document by a
private indivlduat.
(a) Offender is a private individual or public officer or
employee who did not take advantage of his official position;
(b) He committed any act of falsification;
(c) The falsification was committed in a public, official, or
commercial document or letter of exchange.
(2) Falslfrcation of private document by any person.
(a) Offender committed any of the acts of falsification
except Aficle L7I(7), that is, issuing in an autherrticated forn a
document purpofting to be a copy of an origlnal document when
2';
no such original exists, or including in such a copy a statement
contrary to, or different from, that of the genuine original;
(b) Falsification was committed in any private document;
(c) Falsification causes damage to a third party or at least
the falsification was committed with intent to cause suclr
damage.
(3) Use of falsified document.
In introducing in a judicial proceeding
-
(a) Offender knew that the document was falsified by
another person;
(b) The false document is embraced in Articles 17I or 172
(1 or 2);
(c) He introduced said document in evidence in any judicial
nrnroarlinn'
In use in any other transaction -
(a) Offender kr;ew that a document was falsified by
another person;
(b) The false document is embraced in Articles t7I or 172
(1 or 2);
(c) He used such document (not in judicial proceedings);
(d) The use caused damage to another or at least used
with intent to cause damage,
Pgnalty: Prisidn coreccional in its nredium and maximum periods
and a fine of not more than P5,000.
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified messages.
Acts ounished-and. their Esoective elements:
(I) Uttering fictrtious wireless, telegraph, or telephone message
and/or falsifying wireless, telegraph or telephone messages.
(a) Offender is an officer or employee of the government
or an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable, or telephone
message;
(b) He commits any of the ficllowing acts;
(i) utters fictitious wireless, cable, telegraph, or
telephone message;
(ii) falsifies wireless, cable, telegraph or telephone
message.
 ti
ft
fi 28.
ti
It
':1

ii (2)
jj Using such falsiftd messages.
I
!
(a) Offender knew that wireless, cable, telegraph, or
telephone message was falsified by an officer or employee of the
government or an officer or employee of a prirlate corporation,
engaged in the service of sending or receiving wireless, cable, or
telephone message;
(b) He used such falsifled dispatch;
(c) The use resulted in the prejudice of a third pafi or at
least there was intent to cause such prejudice.
Penalties:
Q) Pnsi6n orreoionalin its medium and maxirnum periods;
(2) Any person who shall use such falsified dispatch shall suffer
the penalty next lower in degree.
Art. 174. False medical certificates, false certificates of
merits or service, etc.
Persons liable:
(1) Physician or surgeon who, in connection with the practice of
his profession, issues a false certificate (it must refer to the illness or
injury of a person) INOTE: The crime is false Medical Certificate by a
phlsician.li
(2) Public officer who issues a false certificate of merit of
service, good conduct or similar circumstances INOTE: The crime is
False Certifiate of klerit or Service by a public officer'l;
(3) Private pe:'son who falsifies a certificate falling within the
classes mentioned in the two preceding subdivisions INOTE: The
crime is False Mdical Certificate or False Certificate of Merit or
Seruice by a private individuall.
PenalW: Anesto mayorin its maximum period to prisidn correccional
in its minimum period and a fine not to exceed F1,000.
Art, 175. Using false certificates.
Elements:
(1) 'fhe following issues a false certificate:
(a) Physician or surgeon, in connection with the practice of
his profession, issues a false medical certificate;
(b) Public officer issues a false certificate of merit of
servlce, good conduct or similar circumstances;
(c) Private person falsifies a certificate falling within the
classes mentioned in the two (2) preceding subCivisions.
(2) Offender knows that the certificate was false;
(3) He uses the same.
Penalty: Anesto menor,
Art. 176. Manufacturing and possession of instruments
or implements for falsification.
Acts punished:
(1) Making or introducing into the Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting or
falsification;
(2) Possessing with intent to use the instruments or implements
for countefeiting or falsification made in or introduced into the
Philippi4es by another person.
Penalties:
(I) Prisi1n coneccional in its medium and maximum periods
and a fine not to txceed P10,000;
(2) Any person who, with the intention of using them, shall
have in his possession any of the instruments or implements
mentioned in the preceding paragraph, shall suffer the penalty next
lower in degree than that provided therein.
CHAPTER TWO
Other Falsities
Art, L77, Usurpation of authority or official functions.
Acts punished and their resoective elements:
(1) Usupatlon of authority.
Offender knowingly and falsely represents himself as an officer,
agent or representative of any department or agency of the
Philippine Government or of any foreign government.
(2) Usurpation of official functions.
(a) Offender performs any act under pretense of official
position;
(b) The act peftains to any person in authority or public
officer of the Philipplne Government or any foreign government,
or any aEency thereof;
(c) He is not lawfully entitled to do so.
Penaltv: Prlsidn-correccionalin its minimum and medium periods.
 --, I

Aft. 178. Using fictitious name and concealing true (3) Prisidn oreccional, if the defendant shall have beerr
name. sentenced to any other afflictive penalty; and
Acts ounished and their respective elements: (4) Anesto mayon if the defendant shall have been sentenced
(1) Using fictitious name. to a correctional penalty or a fine, or shall have been acquitted,
(a) Offender uses a name other than his real name; (5) In cases provided in subdivisions 3 and 4 of this article the:
(b) He uses the fictitious name publicly; offender shall further suffer a fine not to exceed F1,000.
(c)Purpose is to conceal a crime, to evade tfre execution cf a Aft. 181, False testirnony favorable to the defendant.
judgment or to cause damage. ElementS:
(2) Conealing true name. (1) A person gives false testimony;
(a) Offender conceals his true name and other personal (2) In favor of the defendanU
circumstances; (3) In a criminal case.
(b) Purpose is only to conceal his identi$. Penalties:
Penalties: (1) Aresto mayor in its maximum period to prisi6n correccionai
(l) Anesb mayor and a fine not to exceed P500 for using in its minimum period and a fine not to exceed p1,000, if the:
fictitious name; prosecution is for a felony punishable by an afflictive penalty;
(2) Arresto menor or a fine not to exceed P200 for conccaling (2) Anesto mayorin any other case.
true name. Art. 182. False testimony in civil cases.
Art. 179. Illegal use of uniforms or insignia. Elements:
Elements: (1) Testimony is grven in a civil case;
(1) Offender makes use of insignia, uniform or'dress; (2) Testimony relates to the issues presented in said case;
(2) The insignia, uniform or dress pertains to an office not held (3) Testimony is false;
by such person or to a class of persons of which he is not a member; (4) Offender knows that testimony is false;
(3) Sald insignia, uniform or dress is used publicly and (5) Testimony is malicious and given with an intent to affect the
improperly. issues presented in said case.
Penaftv: Aresto mayon Penalties:
Aft. 180. False testimotty against a defendant. (L) frisi5n coreccionalin its minimum period and a fine not to
Elemqnts: exceed P6,000, if the amount in controversy shall exceed p5,000;
I' (1) There is a criminal Proceeding; (2) Arresto mayorin its maximum period to prisifln arrercionat
(2) Offender testifies falsely under oath against the defendant in its minimum period and a fine not to exceed p1,000, if the amount
i: in controversy shall not exceed said amount or cannot be estimated.
ll therein;
,,i
ti
(aj Offender who gives false testimony knows that it is falsd Art. 183. False testimony in other cases and perjury in
!r (+) OefenOant against whom the false testimony is given is solemn affirmation.
ili
i!i either acquitted or convicted in a final judgment. Elements:
li PenalW: (1) Offender makes s statement under oath or executes an
ll -beenttl R*lusi6n temporal, if the defendant in said case shall have
sentenced to death;
affidavlt upon a materlal matter;
(2) The statement or afftdavit is made before a competent
fi
(2) Ptlsliln mayon lf the defendant shall have been sentenced officer, authorized to receive and admlnister oaths;
to rstusldn temporalor relusi6n perpetua; (3) Offender makes a willful and deliberate assertion of a
falsehood in the statement or affidavit;
J
Jg
(4) The sworn statement or affidavit containing the falsity rs
required by law.
Penaltv: Affesto mayor in its maximum period to prisi6n coreccional
in its minimum period.
Art. 184. Offering false testimony in evidence.
Elements:
(i)
Offender offers in evidence a false witness or testimony;
(2) He knows that the witness or the testimony was false;
(3) The offer is made in any judicial or official proceeding.
Penalv: Punished as guilty of false testimony and shall suffer the
respective penalties provided in this section,
CHAPTER THREE
Frauds
Art. 185. Machinations in public auctions.
Acts punished and their respective elements:
(1) Soliciting any gift or promise as a consideration for
refraining from taking part in any public auction.
(a) There is a public auction;
(b) Offender solicits any gift or a promise from any of the
bidders;
(c) Such gift or promise is the consideration for his
refraining from taking part in that public auction;
(d) Offender has the intent to cause the reduction of the
price of the thing auctioned.
(2) Attempting to cause bidders to stay away from an auction
by threats, gifls, promises or any other artifice.
(a) There is a public auction;
(b) Offender attempts to cause the bidders to stay away
from that public auction;
(c) It is done by threats, gifts, promises or any other
artifice;
(d) Offender has the intent to cause the reduction of tlre
price of the thing auctioned.
PenalW: Prisi1n corrxcionalin its minimum period and a fine ranging
from 10 to 50 per centum of the value of the thino auctioned.
Art. 186.-Monopolies and combinations in restraint of
trade.
Acts punished and their respective elements:
(1) Combination to prevent free competition in the market
(a) Entering into any contract or agreement or taking part
in any or
conspiracy combination in the form of a trJsr or
otherwise;
(b) Said act is done in restraint of trade or commerce or ro
prevent by aftificial means free competition in the market.
(2) Monopoly to restrain free competition in the market.
(a) Monopolizing any merchandise or object of trade or.
commerce, or by combining with any other person or persons to
monopolize said merchandise or object;
(b) Said act is done in order to alter the prices thereof b,,,
spreading false rumors or making use of any other artifice tqi
restrain free competition in the market.
(3) Manufacturer, producer, or processor or importe,
combining, conspiring or agreeing with any person to make
transactions prejudicial to lawful commerce or to increase the market
price of merchandise.
(a) Manufacturer, producer, processor or importer of anv
merchandise or object of commerce;
(b) Combines, conspires or agrees with any person;
(c) Purpose is to make transactions prejudicial to lawful
commerce or to increase the market price of any merchandize o|
object of commerce manufactured, produced, processecl
assembled or impofted into the philippines,
Penalties:
- (1) Prisi5n coreccionalin its minimum period or a fine rangrnll
from P200 to P6,000, or both;
(2) Prisi5n mayor in its maximum and medium periods, if ilrn
offense affects any food substance, motor fuel or lubricants, or other
articles of prime necessity.
Art. 187. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other
precious metals or their altoys,
Elements:
(1) Offender imports, sells or disposes articles made of golcl
silver, or other precious metals or their alloys;
 34
(2) The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or quality of said
metals or alloys;
(3) Offender knows that the stamps, brands, or marks fail to
indicate the actual fineness or quality of the metals or alloys.
Penalty: Pn'sidn correccionalor a fine ranging from p200 to p1,000
pesos, or both.
Att. 188. Substituting and altering trademarks,
tradenames, or selice marks,
4ft. 189. Unfair competition, fraudulent registration of
tradename, trademark, or service mark, fraudulent
designation of origin, and false description.
NOTE: Articles 1BB-lBg have been repealed by R.A, No, 8293
(In tel/ectua I Property Code)
TITLE FIVE
Crimes Relative to Opium and Other Prohibited Drugs
NOTE: Articles 190-194 have been repealed by R.A. No. 6425 (The
Dangerous Drugs Act of 1972), as amended by P,D. No, 1683
(Amending Ceftain Sections of R.A. No, 6425, As Amended), R.A. No,
7659 (The Death Penalty Law) and further amended by R.A. /,/o.
9165 (The Comprehensive Dangerous Drugs Act of 2002)
TITLE SIX
Crimes Against Public Morals
CHAPTER ONE
Gambling and Betting
Art. 195. What acts are punishable in gambling.z
Acts punished:
(1) Taking part directly or indirectly in
(a) any game oF monte, jueteng, or any other form of
lottery, policy, banking, or percentage game, doq races, or any
other game or scheme lhe results of which depend wholly or
chiefly upon chance or hazard; or wherein wagers consisting of
money, articles of value, or representative of value are made; or
zAs ntnt'udad hy /r,D. No, 1602 (Prcscrilting !li.lj,r Pcttnlliet iu llbgnlCarlbli rrg).
. ):)
(b) the exploitation or use of any other mechanical
invention or .;:ontrivance to deternrine by chance the loser or
winner of money, or any object or representative of value.
(2) Knowingly permitting any form of gambling to be carried on
in any place owned or controlled by the offender;
(3) Being maintainer, conductor, or banker in a game of
jueteng or similar game;
(4) Knowingly and without lawful purpose possessing lottery
list, paper, or other matter containing letters, figures, signs or symbol
which pertain to or are in any manner used in the game of jueteng or
any similar game.
Penalties:
(1) Prisidn coreccionalin its medium period or a fine ranging
from F1,000 to P6,000, and, in case of recidivism, the penalty of
prisidn tnayor in its medium period or a fine ranging from P5,000 to
P10,000 shall be imposed on any person who shall directly or
indirectly take part in any of the aforementioned illegal or
unauthorized activities or games or who shall knowingly permit and
form of gambling to be carried on tn an inhabited or uninhabited
place or in any building, vessel or other means of iransoortation
owned and contrelled by him;
(2) Prisiin .coreccional in its maximum period or a fine of
P6,000 shall be imposed upon the maintainer, conductor, or banker
in the aforementioned gambling schemes;
(3) Prisi6n mayorin its medium period with temporary absolute
disqualiflcation or a fine of Pb,000 shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a government
official, or where such government official is the player, promoter,
referee, umpire, judge or coach in case of game fixing, point shaving
- and machination;
(4) Prisidn orreccionalin its medium period or a fine ranging
from Pzl00 to P2,000 shall be imposed on any person who shall,
knowingly ancj without lawful purpose, in any hour of the day, have
in his possession any lottery list, paper or other matter containing
letters, 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.
36
Art. 196. Importation, sale and possession of lottery
tickets or advertisements.
Acts punished:
(1) Importing into the Philippines from any foreign place or port
any lottery ticket or advertisemen|
(2) Selling or distributing the same in connivance with the
importer;
(3) Possessing, knowingly and with intent to use, lottery tickets
or advetisements;
(4) Selling or distributing the same without connivance with the
imoorter of the same.
Penalties:
(t) Aresto mayorin its maximum period to prisi1n correcc,'onal
/decency or,food customs;
in its minimum period or a fine ranging from F200 to P2,000, 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.
(2) Any person who shall knowingly and witlr intent to use,
have in his possession lottery tickets or advertisements, or shall sell
or distribute the same without connivance with the imoorter cf the
same, shall be punished by arresto menor, or a fine not to exceed
P200, or both, in the discretion of the court.
Art. 197. Betting in sport contests.
NOTE: Article 197 has been repealed by P,D. No, 483 (Betting,
Game-fixing or Point-shaving and Machinations in Sport Contests)
Art. 198. Illegal betting on horse race.
Acts ounished:
(1) Betting on horse races during periods not allowed by law;
(2) Maintaining or employing a totalizer or other device or
scheme for betting on races or realizing profit theref;'om during the
periods not allowed by law,
Penalties:
(t) Arresto menor or a flne not to exceed P200, or both, shall
be inrposed upon any person who, except durinq thr: period allowed
by law, shall bet on horse races.
(2) Aresto mayor or a fine ranging from P200 to P2,000, or
both, shall be imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or other device o,-
scheme for betting on horse races or realizing any profit therefrom.
Art. 199. Illegal cockfighting.
NOTE: Article J99 has been repealed by P.D. No. 449 (Cockfighting
Law of 1974) and P.D, No. 1602 (Prescribing Stiffer Penalties itt
I//ega/ GamblinE)
CHAPTER TWO
Offenses Against Decency and Good Customs
Art. 200. Grave scandal.
Elements:
(1) Offender performs an act or acts;
(2) Such act or acts be highly scandalous as offending againsl
(3) The highly scandalous conduct is not expressly falling within
any other article of the Revised Penal Code; and
(4) The act or acts complained of be committed in a public
place or withrn the public knowledge or view,
Penalties: Arresto mayor and public censure.
Art. 201. Immoral doctrines, obscene publications and
exhibitions and indecent shows.
Acts ounished:
(1) Those who shall publiciy expound or proclaim doctrine:;
openly contrary to public morals;
(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 v;ho, in theaters, fairs, cinematographs, or any other
place, exhibit indecent or immoral plays, scenes, acts, or shows, it
being understood that the obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live or in film, which are
proscribed by virtue hereof, shall include those which: (1) glorift'
criminals or condone crimes; (2) serue no other purpose but tc
satisty the market for violence, lust or pornography; (3)offend any
race, or religion; (4) tend to abet traffic in and use of prohibiteo
drugs; and (5) are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees and edicts; and
(3) Those who shall sell, give away, or exhibit fllms, prints,
engravings, sculptures, or literature which are offensive to morals,
Jd
3cl

Penalty: Prisi5n mayoror a fine ranging from p6,000 to p12,000, or (c) by appointment by competent authority.
both.
CHP.PTER TWO
Art. 202. Vagrants and prostitutes; penalty'. lvlalfeasance and Misfeasance in Office
Vaqrants:
(1) Any person having no apparent means of subsistence, who
Art. 204. Knowingly rendering unjust judgment.
Elements:
has the physical ability to work and who neglects to apply himself or
herself fo some lawful calling;
(1) Offender is a judge;
(2) Any person found loitering about public or (2) He renders a judgment in a case submitted to him for
semi-pubric decision;
buildings or places or trampling or wandering about the country or
(3) Judgment is unjust;
the streets without visible means of support;
(4) The judge knows that his judgment is unjust.
(3) Any idle or dissolute person who lodges in houses of ill-
fame; Penalg: Prisidn mayor and perpetual absolute disqualification,
(4) Ruffians or pimps and those who habitually associate rvith Art. 205. Judgment rendered through negligence.
prostitutes; Elements:
(5) Any person who, not being included in tfre provisions of
(1) Offender is a judge;
other articles of the Revised Penal Code, shall be found loitering in (2) He renders a judgment in a case submitted to him for
any inhabited or uninhabited place belonging to another without any decision;
lawful or justifiable purpose; (3) Ihe judgment is manifes;tly unjust;
(6) Prostitutes. (4) It is due to his inexcusable negligence or ignorance.
Penalties: Penalty: Aresto mayor and temporary special disqualiflcation.
(t) Aresto menoror a fine not to exceed P200; Art. 206. Unjust interlocutory order,
(2) In case of recidivism, arresto mayor in its medium period to Elementst
prisidn corrrcional in its minimum period or a fine ranging from (1) Offender is a judge;
P200 to P2,000, or both, in the discretion of the court, (2) He performs any of the following acts:
TITLE SEVEN
(a) knowingly renders an unjust interlocutory order or
decree; or
Crimes Committed by Public Officens
(b) renders a rnanifestly unjust interlocutory order or
CHAPTER ONE
decree through inexcusable negligence or ignorance,
Prelirnina ry Provisions
Penaltigs:
Art. 203. Who are public officers. (L) Aresto mayorin its minimum period and suspension;
Requisites to be a oublic offlger: (2) Suspension, if he shall have acted by reason of inexcusable
(1) Taking part in the performance of public l'unctions in tlre negligence or ignorance and the interlocutory order or decree be
Governmen$ or performing in said Government or in any ol' its manifestly unjust.
branches public duties as an employee, agent or sub,crdinate official,
Art. 2O7, Malicious delay in the administration of justice.
or any rank or class;
Elements:
(2) His aulhority to take part in the performance of public (1) Offender is a judge;
functions or to perform public duties must be *
(2) There is a p'qsgs6ing in his court;
(a) by direct provision of the law; (3) He delays in the administration of justice;
(b) by popular election; or
 !l
40

(4) The delay is malicious, that is, withdeliberate intent to (3) Such offer or promise be accepted, or gift or present
received by the public officer
inflict damage on either party in the case, -
(a) With a view to committing some crime; or
PenalW: Prisidn correccionalin its minimum period'
Art. 208. Prosecution of offenses; negligence and (b) In consideration of the execution of an act which does
not constitute a crime, but the act must be unjust; or
tolerance. (c) Io refrain from doing something which it is his official
Elements of-dereliction of duty in the prosecution of ofienses:
duty to do.
(1) Offender is a public officer or officer of the law who has a
(4) The act which offender agrees to perform or which he
dury to cause the prosecution of, or to prosecute, offenses; performance of his official duties,
executes be connected with the
(2) There is a dereliction of the duties of his office, that is, Penaltie$:
knowing the commission of the crime, he does not cause the (L) Prision mayor in its medium and maximum periods and a
prosecution of the criminal, or knowing that a crime is about to lre
fine of not less ihan three (3) times the value of the gift in addition
committed, he tolerates its commission;
to the penalty cot'responding to the crime agreed upon, if the same
(3) Offender acts with malice and deliberate intent to favor thc shall have been ccmmitted;
violator of the law, (2) Prision coneccionalin its medium period and a fine of not
PenElty: Prisidn coneccionalin its minimum period anrJ suspension, less than twice the value of the gift, if the act did not constitute a
Art. 209. Betrayal of trust by an attorney or solicitor - crime;
revelation of secrets. (3) Prisi1n mneccional in its maximum period and prisidn
Acts ounished: _ mayor in its minimum period and a fine not less than three (3) times
(1) Causing damage to his client, either-' the vatue of the gift, tf the object was to make the public officer
(a) by any malicious breach of professional duty; refrain from doing something which it was his official duty to do;
(b) by inexcusable negligence or ignorance. (4) In addition to the foregoing penalties, the offender shall
(2)
Revealing any oJ the secrets of his client learned by him in suffer the penalty of special temporary disqualiflcation.
his professional capacitY;"
(3) Undertaking the defense of the opoosing party in the same Art. 211, Indirect bribery.
Elements:
case, without the consent of his first client, after har,'ing undertaken (1) Offender is a Public officer;
the defense of said first client or after having received confidential (2) He accepts gifts;
information from said client' (3) The gifts are offered to him by reason
of his offlce.
Penaltv: Prisidn correccionalin its minimum period, or a fine ranging its medium and maximum periods,
from P200 to P1,000, or both.
Penalltgg: Prisidn coreccionalin
suspension and Public censure.
Art. 210. Direct bribery. Art. 211-A. Qualified bribery.
Elements:
Elel!ents:
(1) Offender is a public officer within the scope of Article 203; (1) Offender is a public officer entrusted with law enforcemen[
(Zi OffenOer accepts an offer or a promise or receives a gift or (2) He refrains from arresting or prosecuting an offender who
present by himself or through anolher;
has committed a crime punishable by reclusion perpetua andlor
death;
()/'
(4) Offender refrains from arresting or prosecuting in
\l.V/rr,,, l/rr, n!lonx'V nils ttullt iltnliciotts nlttst' oJ his tutployttrt'ttl or ittt':ttrisrtl;ir' ,r(S/i.qt',rr't' consideration of any promise, gift, or present.
igrrornttr'r', lhrrc xtttst lx'dnl|]ngt lo ltis tlicrrl.
r/Jdrrr/r(c rs ilot tla(l'ssrll'y
ta
AL 43

Penalties: Penalty: Prisidn coneccionalin its medium period to prisiin mayorin

(1) Penalty for the offense which was not prosecuted; its minimum period, or a flne ranging from P200 to P10,000, or both.
(2) Death, if the public officer asks or demands such gift or Art.2L4, Other frauds.
present,
Elements:
Art. 212. Corruption of public officials. (1) Offender ls a public officer;
Elements: (2) He takes advantage of his official position;
(1) Offender makes offers or promises or gives gifts or presents (3) He commits arry of the frauds or deceits enumerated in
to a public officer; Articles 315 to 318,5
(2) The offers or promises are made or the gifts or presents Penaltv: Temporary special disqualification in its rnaximum period to
given to a public officer, under circumstances that will make the perpetual special disqualification addition in
the penalties to
public officer liable for direct bribery or indirect briberv. prescribed in the provisions of Chapter Six, Tltle Ten, Book Two, of
Penaltv: The same penalties imposed upon the officer corrupted, the Revised Penal Code.
except those of disqualification and suspension. Art. 215. Prohibited transactions.
CHAPTER THREE Elements:
Frauds and Illegal Exactions and Transactions (1) Offender is an appointive public officer;
Art. 213. Frauds against the public treasury and similar (2) He becomes interested, directly or indirectly, in any
offenses. transaction of exchange or speculation;
Acts punjshed and their respective elementE; (3) The trarisaction takes place within the territory subject to
(1) Fmuds against the public treasury. his jurisdiction;
(a) Offender is a public officer; (4) He becomes interested in the transaction during his
(b) He has taken advantage of his office, that is, he incumbency.
intervened in the transaction in his official capacity; Penaltv: Prlsidn correccionalin its minimum period or a fine ranging
(c) He entered into an agreement with any interested from P200 to F1,000, or both.
party or speculator o; made use of any other scheme rvith Art. 216. Possession of prohibited interest by a public
regard to furnishing supplies, the making of contracts, or the officer.
adjustment of settlement of accounts relating to public property Persons liable:
or funds; (1) Public offlcer who, directly or indirectly, became interested
(d) l-le had intent to defraud the government, in any contracts or business in which it was his official duty to
(2) Illegal extractions. intervene;
(a) Offender is a public officer entrusted with the collection of (2)Experts, arbitrators, and private accountants who, in like
taxes, licenses, fees and other imposts; manner, took paft In any contract or transactlon connected with the
(b) He is guilty of any of the following acts or omissions: estate or property in the appraisal, distribution or adjudication of
(i) demanding, directly or indirectly, the payment of whlch they had acted;
sums different from or larger than those authorized by law; (3) Guardians and executors with respect to the property
(ii) failing voluntarily to issue a receipt, as provided by belonging to their wards or the estate.
law, for any sum of money collected by him officially; or
(ili) collecting or receiving, directly or indirectly, by
way of payment or otherwise, thinEs or objects of a nature tArliclas 315-37 E tfufue nnd ptnnlizc (l) eslnln; (2) otlrcr lonns of noiudlitrg' (3) stuindlins n niut,r:
different from that provided by law. nnl (4 olher deccils.

Penalty: Arresto mayorin its medium period to prisiotn correccianalin
its minimum period, ora fine ranging from P200 toF1.,000, or both.
CHAPTER FOUR
Malversation of Public Funds or Property
Art, 217. Malversation of public funds or propetT * separated therefrom by resignation or any other cause;
presumption of malversation.
Actspunished:
(1) Appropriating public funds or property;
(2) Taking or misappropriating the same;
(3) Consenting, or through abandonment or negligence,
permitting any other person to take such public funds or propefty;
(4) Being otherwise guilfy of the misappropriation or
malversation of such funds or properfy.
Elements cqrunon to all a.cts of malversation under Article 2J7:
(1) Offender is a public officer;
(2) He had the custody or control of funds or properby by
reason of the duties of his office;
(3) Those funds or properry were public funds or property for
which he was accountable;
(4) He appropriated, took, misappropriated or consented or,
through abandonment or negligence, permitted another person to
take them.
Penalties;
(1)Prisidn correcclonalin its medium and maximum periods, if
the amount involved in the misapproprialion or malvensation does not
exceed P200;
(2) Prisiin mayor in its minimum and medium periods, il' the
amount involved is rnore than F200 but does not exceed P6,000;
(3) Prisidn mayor in its maximum period to reclusidn temporal
in its minimum period, if the amount involved is more than P5,000
but is less than F12,000;
(4) Rslusidn temporalin its medium and maxirnum periods, if
the amount involved is more than P12,000 but is less than P22,000;
(5) Relusicin tempral in its maximum period to reclusi5n
perpetua if the amount exceeds F22,000.
(6) In all cases, persons guilty of malversation shall also srtffer
the penalty of perpetual special disquallfication and a fine equal to
the amount sf the funds malversed or equal to the tcltal value of the
properfy embezzled.
{:
Art. 218. Faiture of arccountable officer to render
accounts.
Elements:
(1) Offender is public officer, whether in the seryice or
(2) He is an accountable officer for public funds or property;
(3) He is required by law or regulalion to render account to the
Commission on Audit, or to a provincial auditor;
(4) He fails to do so for a period ol'two (2) months after such
accounts should be rendered.
PenalW: Prisidn corrrccional in its minimurn period, or by a firre
ranging from F200 to P6,000, or both.
Att. 2X.9. Failure of a responsible public officer to render
accounts before leaving the country.
Elements:
(1) Offender is a public officer;
(2) He is an accountable officer for public funds or property;
(3) He unlawfully leaves or attempts to leave the Philippine
islands without securing a certificate from the Commission on Audit
showing that his accounts have been finally settled,
Penaltv: Aresto mayor or a .fine ranging from P200 to P1,000, or
both.
Art. 220. Illegal use of public funds or property.
Elements:
(1) Offender is a public officer;
(2) There are public funds or property under his administration;
(3) Such fund or property has been appropriated by law or
ordinance; {
(4) He applies such public fund or propefi to a public use
other than that for which it has been appropriated by law or
ordinance.
Penalties:
(l) Prisidn aneccionalin its minimum period or a fine ranging
from one-half (Il2) to the total of the sum misapplied, if by reason of
such misapplication, any damage or embarrassment shall have
resulted to the public seruice. In either case, the offender shall also
suffer the penalty of ternporary special disguallfication;
46

(2) If no damage or embarrassment to the public seruice has
resulted, tne penalty shall be a fine from 5 to 50 percent of the sum
misapplied.
Art. 221. Failure to make delivery of public funds of
property.
Acts punished and their respective elements:
(1) Failing to make payment by a public officer who is under
obligation to make such payment from government funds in his
possession.
(a) Public officer has government funds in his possession;
(b) He is under obligation to make payment from such funds;
(c) He fails to make the payrnent maliciously,
(2) Refusing to make delivery by a public officer who has been
oderd by ompetent authority to deliver any property in his custody
or under his administratian,
(a) Public officer has government property in his custody or
under his administration;
(b) He has been ordered by competent authoritry to deliver such
property;
(c) He refuses to make the delivery maliciously.
Penaltv: Anesto mayor and a fine of from 5 to 25 percent of the
sum which he failed to pay. The fine shall be graduated in such case
by the value of the thing, provided that it shall not bet less than F,50.
Att.222. Officers included in the preceding provisions.
Officers included under this Chapter:
(1) Private individuals who, in any capacity whatever, nave
charge of any insular, provincial or municipal funds, revenues, or
property; and
(2) Adminlstrator or depository of funds or property attached,
seized or deposited by public authority, even if such properlry belongs
to a private individual.
(3) Such prisoner escaped from his custody;
(4) He was in connivance with the prisoner in the latter,s
escape.
Penalties:
(l) Prisi1n areccional in its medium and maximum Deriods
and temporary special disqualification in its maximum period to
perpetual special disqualification, if the fugitive shall have been
sentenced by finaljudgment to any penalty;
(2) Prisi6n coneccionalin its minimum period and temporary
special disqualiflcation, in case the fugitive shall not have been finally
convicted but only held as a detention prisoner for any crime or
violation of laur or municipal ordinance.
Art, 224, Evasion through negligence.
Elements:
(1) Offender is a public officer;
(2) He is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by finaljudgment;
(3) Such prisoner escapes through his negligence.
Penalty: Aresb mayorin its maximum period to prisi6n correcciona.r
in its minimum period and temporary special disqualification.
Art. 225. Escape of prisoner under the custody of a
person not a puhlic officer.
Elements;
(1) Offender is a private person;
(2) The conveyance or custody of a prisoner or person under
arrest is confided to him;
(3) The prisoner or person under arrest escapes;
(4) Offender consents to the escape, or that the escape takes
place through his negligence,
Penalty: Penalty next lower in degree than that prescribed for the
public officer.

' CHAPTER FIVE Aft. 226. Removal, concealment, or destruction of

Infidelity of Public Officers documents.
Art. 223. Conniving with or consenting to evasion. Elements:
Elements: (1) Offender is a public officer;
(1) Offender is a public officer; (2) He abstracts, desliroys or conceals documents or papers;
(2) He had In his custody or charge a prisoner, either detention (3) Sald documents or papers was entrusted to such public
prisoner or prlsoner by finaljudgment; officer by reason of his office;
 48
4c)

(4) Damage, whether serious or not, to a thircl party or to the (d) Damage, great or small, is caused to the public
public interest has been caused.
interest.
Penalties: (2) Delivering wrongfully papers or copies of papers of which he
(t)Prisidn ma,/or and a fine not to exceed p1,000, whenever may have charge and which should not be published.
serious damage shall have been caused thereby to a third party or to (a) Offender is a public officer;
the public interesU (b) He has charge of papers;
(2) Prisidn coreccional in its minimum and medium periods and (c) l'hose papers should not be published;
a fine not to exceed P1,000, whenever the damage caused to a tnird (d) He delivers those papers or copies thereof io a third person;
party or to the public interest shall not have been serious;
(e) The delivery is wrongfut;
(3) In either case, the additional penalty of temporary special (0
Damage is caused to public interest.
disqualiflcation in its maximum period to perpetual special Penalties:
disqualification shall be imposed. (1) Prisidn coneccional in its medium and maximum periods,
Nt. 227. Officer breaking seal. perpetual speciai disqualification and a fine not to exceed Fz;000, it
Elements: the revelation of cuch secrets or the delivery of such papers shall
(1) Offender is a public officer; have caused seriqus damage to the public interest;
(2) He is charged with the custody of papers or properg,; (2) Otherwise, prisi6n correccional in its minimum period,
(3) These papers or property are sealed by proper authoriby; temporary special disqualification and a fine not to exceed psoo shatt
(4) He break the seal or permits them to be broken. be imposed.
Penalties: Pniidn corrercionalin its minimum and nredium periods, Art. 230. Public officer revealing secrets of private
temporary special disqualification and a fine not to exr:eed p2,000. individual.
Art. 228. Opening of closed documents, Elements:
Elementq: (1) Offender is a public officer;
(1) Offender is a public officer; (2) He knows of the secrets of a private individual by reason of
(2) Any closed papers, documents, or object are entrusted to his office;
his custody; (3) He reveals such secrets without authority or justifiable
(3) He opens or permits to be opened said closed papersi reason.
documenb or objects; Penalties: Arresto mayorand a fine not to exceed F1,000.
(4) He does not have proper authority, CHAPTER SIX
Penalties; Arresb mayor, temporary special disqualification and a Other Offenses or Irregularities by public Officers
fine of not to exceed P2,000,
Art, 231. Open disobedience,
Art. 229, Revelation of secrets by an officer. ElemenlS:
Acts punished and their respective elements:
(1) Revealing any secrets known to the offending public officer
(i) Offlcer is a judicial or executive officer;
(2) There is a judgment, decision or order of a suoerior
by reason of his official capacity, authorily;
(a) Offender is a public officer; (3) Such judgment, decision or order was made within the
(b) He knows of a secret by reason of his officjal capacity; scope of the jurisdtction of the superior authoriw and issued with atl
(c) He reveals such secret without authority or justifiable the legal formalrties;
reasons; (4) He, without any legaljustification, openly refuses to execute
the said judgment, decision or order, which he is duty bound to obey.
50
Penalties: Arresb mayorin its medium period to prisidn coreccional
in its minimum period, temporary special disqualification in its
maximum period and a fine not to exceed P1,000.
4ft. 232. Disobedience to order of superior officer when
said order was suspended by inferior officer.
Elements:
(1) Offender is a public officer;
(2) An order is issued by his superior for executi,cn;
(3) He has for any reason suspended the execution of such
nrnaI
(4) His superior disapproves the suspension of the execution of
the order;
(5) Offender disobeys his superior despite the disapproval of
the suspension.
Penalties: Prisi1n coreccional in its minimum and rnedium periods
and perpetual special disqua lification
Art. 233. Refusal of assistance.
Elements:
(i) Offender is a public officer;
(2) A competent authorify demands from the offender that he
lend his cooperation towards the administration of justice or other
public service;
(3) Offender fails to do so nraliciously,
Penalties:
(l) Arresto mayorin its rnedium period to prisidn correccionalin
its minimum period, perpetual special disqualificatlon and a fine not
to exceed P1,000, if such failure shall result in serious damage to the
public interest, or to a third pafi;
(2) Otherwise, aresto mayor in its nredium and maximum
periods and a fine not to exceed P500 shall be imposed,
Art. 234. Refusalto discharge elective office.
Elements:
(1) Offender is elected by popular election to a public office;
(2) He refuses to be sworn in or to discharge lhe duties of said
office;
(3) There is no legal motive for such refusal to be sworn in or
to discharge the duties of said office,
Pen?lty: Arresto mayoror a fine not to exceed Pl,000, or both.
Art. 235. Maltreatment of prisoners.
Elementsl
(1) Offender is a public officer or employee;
(2) He has under his charge a prisoner or detention prisoner;
(3) He rnaltreats such prisoner in either of the following
manners:
(a) by overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either -
(i) by the imposition of punishment not authorized by
the regulatiorrs; or
(ii) by inflicting such punishments (those authorized)
in a cruel and humiliating manner;
(b') by maltreating such prisoners to extort a confession or
to obtain some irtformation from the prisoner,
Penaitles:
(l) Prisidn coneccionalin its mediurn period to prisidn mayorin
its minimum period, in addition to his liabilig for the physical injuries
or damage caused.
(2) Pris,'dn mayor in its minimum period, temporary absolute
disqualification and a fine not to exceed P6,000, in addition to his
liability for the pftTsical injuries or damage caused, if the purpose of
the maltreatment is to extort a confession, or to obtain some
information from the prisoner,
Art, 236. Anticipation of duties of a public office.
Elemenls:
(1) Offender is entitled to hold a public office or employment,
either by election or appointment;
(2) The law requires that he should first be sworn in andlor
should first give a bond;
(3) He assumes the performance of the duties and powers of
such office;
(4) He has not taken his oath of ofilce and/or given the bond
required by law,
PSnalty: Suspension from such office or employment until he shall
have complied with respective formalities and a fine ranging from
F200 to P500.
Art, 237, Prolonging pedormance of duties and powers.
Flemenls:
(1) Offender is holding a public office;
52 53

(2) The period provided by law, regulations or special provision (a) assumes a power pertaining to the executive authorities;
for holding such office, has already expired; or
(3) He continues to exercise the duties and powers of such (b) obstructs the executive authorities in the lawful exercise
office. of their powers,
Penalties: Pisi6n anectonal in its minimum period, special Penalty: Arresto mayorin its medium period to prisi6n conrccionalin
in its minimum period and a fine not to
temporary disqualification its minimum period.
exceed F500.
Aft. 241. Usurpation of judicialfunctions.
Art. 238. Abandonment of office or position. Elements:
Elements: (1) Offender is an officer oF the executive branch of the
(1) Offender is a public officer; government;
(2) He formally resigns from his position; (2) He performs any of the following acts:
(3) His resignation has not yet been accepted; (a) assumes judicial powers; or
(4) He abandons his office to the detriment of the public (b) obstructs the execution of any order or decision
service. rendered by any judge within his jurisdiction.
Penalties: lenalty: Anesto mayorln its medium period to prisi6n coreccionalin
(1) Arresb mayon its mininrum period.
(2) Prisidn orrecciona/
in its minimum and medium periods, if Art, 242, Disobeying request for disqualification.
such office shall have been abandoned in order to evade the Elements:
discharge of the duties of preventing, prosecuting or punishing any of
(1) Offender is a public offlcer;
the crimes falling rvithin Title One, and Chapter One of Title Three of
Book Two ofthe Revised Penal Code;
(2) A proceeding is pending before such public officer;
(3) Arresto mayor, if the purpose of such abandonment is to (3) There is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided;
evade the duty of preventing, prosecuting or punishing any other
crime.
(4) He has been lawfully required to refrain form continuing the
proceeding;
Att. 239. Usurpation of legislative powers. (5) He continues the proceeding.
Elements: Penalty: Anesto mayorand a fine not to exceed F500.
(1) Offender is an executive or judicial officer; Aft. 243. Orders or request by executive officers to any
(2) He performs any of the following acts: judicial authority.
(a) makes general rules or regulations beyond the scope of his
Elements:
authority;
(b) attempts to repeal a law; or
(1) Offender is an executive officer;
(c) suspends the execution thereof,
(2) He addresses any order or suggestion to any judicial
authority;
Penafties: Prisidn oneccional in its minimum period, temporary
(3) The order or suggestion relates to any case or business
special disqualification and a fine not to exceed P1,000,
coming within the exclusive jurisdiction of the courts of justice.
Art. 240. Usurpation of executive functions. " Penaltv: Arresto mayorand a fine not to exceed P500.
Elements;
Art. 244, Unlawful appolntments.
(1) Offender is a judge;
(2) He performs any of the following acts: EiementS:
(1) Offender is a public officer;
54
55

(2) He nominates or appoints a person to a public office; Art. 247. Death or physical injuries inflicted under
(3) Such person lacksJhe legal qualifications therefor; exceptional circumsta nces.
(4) Offender knows that his nominee or apFointee lacks the Elements:
qualification at the time he made the nomination or appointment. (1) A legally married person, or a parent, surprises his spouse
Penaltv: Anesto mayorand a fine not to exceed P1,000, or his daughter, the latter under 1B years of age and living with him,
Art. 245. Abuses against chastity. in the act of committing sexual intercourse with another person;
Elements: (2) He or she kills any or both of them, or inflicts upon any or
(1) Offender is a public officer; both of them any gerious physical injury in the act or immediatety
L:=:=-
(2) He solicits or makes immoral or indecent advances to a thereafter;
woman; (3) l-le .has not promoted -or facilitated the orostitution of his
(3) Such woman is: wife oidaug
(a)
interested in matters pending before the offender for of the otlrer spouse.
decision, or with respect to which he is required to submit a Penalties:
repoft to or consult with a superior officer; or (I)Destieri'o, if he kills any or both of them in the act or
(b) under the custody of the offender who is a warderr or immediately thereafter, or shall inflict upon them serious physical
other public officer directly charged with the care and custody of injury;
prisoners or persons under arrest; or (2) If he shall inflict upon them physical injuries of any other
(c) the wife, daughter, sister or relative within ttre sanre kind, he shall be exempt from punishment.
degree by affiniV of any person in the custody of the offender, Art.248. Murder.
Penalties: Elements:
(1) Prisidn correccional in its medium and maximum periods (1) A person was killed;
and temporary special disqualification; (2) Accused killed him;
(2) Prisidn conercionalin its minimum and medium periods and (3) The killing was attended by any of the foltowing qualifying
temporary special disqualification, if the person solicited be the wife, clrcumstances:
daughter, sister or relative within the same degree by affinily of any
person in the custody of such warden or officer.
I AEI
S (a) with treachery, taking advantage of superigr :trength,
with the aid or armed men, or employinq msellje__Uffie4_thg
TITLE EIGHT defense, G of mEans or pEsons to insurebr afforoGdnityl?
Crimes Against Persons --(b) jg.consideqlion of a price, reward o*ro;O;1-" 'z\
CHAPTER ONE ,. (.j Sf r@"i ,rnunaffi4*ptosion, lfP#
6hipwreck,.,Stranding of a vessel,derailment or assault upon a,5"l mtri1
Destruction of Life
railroad, fall of an air;hip, by means of dotor vehicles, or with
-;;;f^'
Art. 246. Parricide. tvt0vt
Elements:
the use of4fother(neans involving great waste and ruin;
(1) A person is killed; z6D1p
yz
t9) enumerated in the
V v Qlpreceding p-elagraph, or of an /arthquake,druption of a volcano,
(2) The deceased is killed by the accused; 'ucuve cyctone, eproemrc,
*1 .futd,rr"
destructive otfrer pqolrc
ryclone, epidemic, or any otner pr,lblic calami$;
calamtry;
(3) The deceased is the father, mother, or child, whether
or illegitimate, or a legitimate other ascendant or other
r/c\ wth
(e) wrth avirteni
with ^.o-oiitrti^^l Aqut&loWtn$'
evident premeditation;
evident'premeditationl AmllA 4rn;vnln{,-'iAiliU
Wltttd"-to{nnlNl- UUN. ""h
UlAt
b tfo
legitimate
descendant, or the legitimate spouse, of the accused,
(f) withffi andinhumantv Ugrng$ilg_
;twt;rn:
the su.fferino of the v.ictim, oi AUlEgi
Penalty: Reclusidn perpetua to death,
orcqrpsqi
uA0S
 56
-, r t , = %
(4) The [illine is gp911ggqol,llfan-tic! i tt \
Penalty: Rffluffi. i t!
,.
i (2) A participant or some participants thereof suffered serious
iniuries or physical injuries of a less serious nature only;
, _"/.Fhysical
Art.249. Homicide. (3) The.person responsible therefor cannot be idenHfied;
Elements: (rt) Ail those who app$r to have used violence uoon the
(1) A pemon was killed; gtlhg-atrendd-PaSffi e-kney[n,
(2) Offender killed him without any justifying circumstances; Penalties:
(3) Offender had the intention to kill, which is presumed; (1) Penalty next lower in degree than than provided for the
(4) The killing was not attended by any of the qualifying physical injuries so inflicted, when only serious physical injuries are
circumstances of murder, or by that of parricide or infanticide. inflicted upon the participants thereof and the person responsible
Penaltv: R*lusl6n temporal. therefor cannot be identified;
Art. 250. Penalty for frustrated parricicle, murder or . (2) Anestp mayor from five (5) to fifteen (15) days, when the
homicide. physical inJurles inflicted are of a less serious nature anb the person
Penalties: responsible therefor cannot be identified.
(1) Courts may impose a penalty two (2) degrees lower for Art. 253. Giving assistance to suicide.
frustrated parricide, murder or homicide; Acts punished:
(2) Courts may impcse a penalty three (3) dergrees lower for (1) Assisting another to commit suicide, whether the suicjde rs
attempted parricide, murder or homicide.
r consummated or not;
(2) Lending his assistance to another to commit suicide to the
X Art. 251. Death caused in a tumuttuous affray.
extent of doing the killing himself.
Elements:
(1) There are several persons; Penalties:
(2) fiey do not compose groups organized for the common (1) Prisidn mayon
purpose of assaulting and attacking each other reciprclcally; (2)
Reclusidn temporal, if such person lends his assistance to

tr\
r..r'^ l
(3) These several persons qu{reled a:rd assaulted one another
.jn -confused and tumultuous m5-J:rlgl]
a
another to the extent of doing the killing himself;
(3) Aresto mayor in its medium and maximum periods, if the
(+) leeegls-rya"r"Hled,inl]1*r"0srse"efth^s"affriu; suicide is not consummated.
tr$l (s)lrsan-nolheascerraineo,wh"e^a9!]-*ly*g,l:g*tlsgessg*e.3i
(5)rhegglsqo.er:.p-erse.ns"*ho.nf li_cl*d*l-iiffi dlplysisall_n:s"t!_qs Elements:
Art. 254. Discharge of firearms.
or who used violence can be identified. (1 ) Of fer r d er .{!s9h.a f.ges, a,li rearm _againsf .pr- at.a nother. perssn ;
Penalties: (2) Offender had no intention to kill that Derson.
(1) Prisi6n mayort Penalty: Prisidn corffiffi-ilreoium periods,
(2) Prisidn mreccional in its medium and maximum periods such thal the act can be held to
shall be imposed upon all those who shall have used violence upon frustrated
the person of the victim, if it cannot be determined who inflicted the
serious physlcal lnjuries on the deceased. of the Re'..lsed Penal Code.
Art. 252. Physical injuries inflicted In :r tumultuous
affray.
ELements:
(1) There is a tumultuous affray;
 5S

Art. 255. Infanticide.6 (a) As a result of the violence, the fetus dies, either in the
Elemenb: womb or after having been expelled therefrom.
(1) A child was killed; Penalty: Prisldn atnercionalin its minimum and medium oeriod.
(2) The deceased child was less than three (13) days old or
seventy-two (72) hours old;
Art. 258. Abortion practiced by the woman herself or by
(3) her parents.
The accused killed the said child.
Elements:
Penalties:
(1) Penalty provided for Parricide in Article 246 and for Murder (2) The
in Article 248;
(2) Prisidn mayor in its medium and maximum periods, if the
(3) Abo is ca by:
crime is committed by the mother of the child for the purpose of
(a) the pregnant woman herself;
(b) any@onsent; or
concealing her dishonor;
(3) Rslusl5n temporal, if the crime is committerd for tlie same
(c) r
ggjsealrng.Xe[-d !s h qng r.
purpose by the maternal grandparents or either of them,
Penalties:
Art. 256. Irrtentional abortion. (1) Prisidn corecclonalin its medium and maximum periods, if
ELements: a pregnant woman shall practice an abortion upon herself or shall
(1) There is a pregnant woman; consent that any other person should do so;
(2) Molence is exerted, or drugs or beveraqes administered (2) Prisidn mnercionalin its minimum and medium periods, if a
.,.-;l--rym---
without tnal me accuseo otnerwtse pregnant woman shall commrt this offense to conceal her dishonor
-(3)
Prision arreccionalin its medium and maximum perioOs, if
(3) As a*tesgJ-t oi s or Deveraoes this crime be commltted by the parents of the pregnant woman or
upon her, or any other either of them, and they act with the consent of said wornan for the
the womb or after expelled therefrom; ':: purpose of concealing her dishonor.
(4) The abortion is intended,
Penalties:
Art, 259,,'Abortion practiced by a physician or midwife
(t) and dispensirrq of abortives.
R*lusi6n temporal, if he shall use any violence upon ihe ru
Etements:
person of the pregnant woman;
(2) Prisidn mayon if without using violence, he shall act without (1) There is a pregnant woman who has suffered an aboftion;
(2) The abortion is intended;
the mnsent of the woman;
(3) PrisiSn mtreccionalin its medium and maximum periods, if who ntust be a physician or midwife, caused or
--\Offender,
(assisted ih. causrng the abcrtion;
the woman shall have consented.
or midwife took-gdvanlaffi of his or her
Art. 257. Unlntentional abortion. -pfSEffisiclan
scientific knowledge or skill.
Elements:
(1) Thg'e is a pregnant woman;
@r
(1) Penalties provided in Article 256 shall be imposed in iG
iZicftre!ft i; used upon such pregnant woman without maximum period, respectively;
Inrenorng an aDoruon; (2) Arresto mayor and a fine not to exceed p1,000, if any
(3) The violence is intentionally exefted; pharmacist who, without the proper prescription from a physiclan,
W shall dispense any abortive.
6As omended hy Sectiou V ol R.A, No. 7659 (The Dcnlh Pannlty Ltrul.
 60 ot

Art. 260. Responsibility of participants in a duel. (a) The mutilation involves a part of the body, other than
Acts punished: an organ for reproduciion;
(1) Killing one's adversary in a duel; (b) The mutilation is done with a deliberate purpose of
(2) Inflictlng upon such adversary physical injuries; depriving a person of that part of his body.
(3) Maklng a combat although no physical Injuries have been Penalties:
inflicted. (1) Reclusi6n temporalto reclusidn perpetua, if the mutilation
Persons liable: involves an organ for reproduction;
(1) The person who killed or inflicted physical injuries upon his (2) Prisidn mayor in its medium and maximum periods, if the
adversary, or both combatants in any other case, as principals. mutilation involves a part of the body, other than an organ for
(2) fte seconds, as accomplices, reoroduction.
a{e'
Penalties;
(1) Reclust5n temporalshall be imposed upon any person who N Art. 263. Serious physical injuries.
How committed:
shall kill his adversary in a duel; (1) By wounding;
(2) The penalty provided for, if he shall inflict upon the latter ld #rl rt
(2) By beating;
physical injuries only; (3) By assaulting; or
(3) Arresb mayor, in any other case, although no physical (4) By administering injurious substance.
injuries have been inflicted,
^ Penalties:
f|l (1) PrElgI--nAW' if in consequence
l)l-
Art. 261. Challenging to a duel. of the physical injuries
Acts ounished: inflicied, thtinjurATerson shall become i@ IlfB
(1) Challenging another to a duel; or hlind:
(2) Inciting another to give or accept a challenge to a duel; ?(, Q) Prision coneccionalin its medium and maximum periods, if
(3) Scoffing at or decrying another publicly for having refused in consequence of the physical injuries inflicted, the person injured
to accept a challenge to fight a duel. shall have lost the use of speech or thg *LW_gLtg.ISaI qtJgjlt]gll, or
Penaltv: Prisidn corrscionalin its minimum period. shall have uuu
CHA.PTER TWO lpst theggg p"f*gry s-uch."BgmgeI, or shall have beco."m_e incapacitated
Physical Injuries -f-qf ,!hS"Wptk in which he was theretofore habitually erig";'dry-
Art. 262. lrlutilation. PglFfWision mneccionalin its minimum and'meOluir periods, if
' in conseguence of the physical injuries inflicted, the person injured
Acts punishgd and thgir respective elenlents:
(1) Intentionally mutilating another by depriving him, either 'r S:JShall have become deformed, or shall have lost anv other oart of his
y
f,rrir'W oooy, orTneTI-haVe
snail nave lost the
tne use thereof, or snall have been lll or
mereor, or-gFell-naW-frcen-i"11"--or
Jglalgor-padiatty, of some essential organ for reproduction, ffiacitated for the performance of the work in which he was
(a) There be a castration, that is,y'ru,"u,,on of p4lrs
necessary for generation, such as the penis or ovarium;
habitually engaged for a period of @;
(4) Anestonayorin its maximum period to irbion oneccional
(b) The mutilation is caused -Bglposely agldelibeplglly/
that is, to deprive the offended party'iFi6ifr-ffi8'r , its
-rrifl minimum period, if the physical injuries inflicted shall have
reproduction ' ft5tl caused the illness or incapacity for labor of the injured person for
(2) IntenUonally (making more than thlrty (30) days;
that is, bv loooino or (5) If the offense shall have been committed against any of the
of the the offended party,_glhcrjhaslbe
persons enumerated in Article 246, ar with attendance of any of the
that part of his
circumstances mentioned in Article 248, the case covered bv
62 63

subdivision number 1 of this article shall be punished by reclusidn
temponlin its medium and maximum periods; the case covered by
subdivision number 2 6y prisi5n coreccionalin its maximum period
to prisidn mapr in its minimum period; the case covered by
subdivision number 3 by prisi6n coreccional in its medium and
maximum periods; and the case covered by subdivision number 4 by
prision mrxc*ionalin its minimum and medium periods,
Art, 266, Slight physical injuries and maltreatments.
Acts punlshed:
(1) Physical inJuries which incapacitated the offended party for
labor from one (1) to nine (9) days, or required medical attendance
duringthesffi
(2) Physical iirjuries which did not prevent the offended party
ffom engogingin hi. hahituaLrn'o l

f Art. 264, Administering injurious substances or altendansg;

w,ui.e.!-:;it --'
(3) Jllj1ggment of anothqi',"-*iby deed
beverages.
Penalties:
Elements:
Offender i nlilicted u pon--a n ath e r Em/serious ohv$gg l, in jqu
(l) Arresto menon when the offender has inflicted physiol
( 1 ) injuries which shall incapacitate the offended pafi for labor from one
(2 )
It was done by Fnowi ng lv. gd.nil r_g!9ri nq!q, hims0Y-jn j u riou.) (1) to nine (9) days, or shall require medical attendance during the
substance or heyeraqss uo_d OV @_gg!!g5-of same period;
nrind or creduliW;
HEhiO no intent to kill.
(2) Arresto menor or a fine not to exceed P20 and censure,
--6
penaities: rne pEfililiffiE]jshed by the next precedlng article. when the offender has caused physical injuries which do not prevent
the offended pafi from engaging in his habitual work nor require
injuries.
i0 - W dn#
Less serious physicat medical attendance;
.:n,rus. (3) Aresto menorin its minimum period or a fine not to exceed
(1) Offended party is incapacitated for labor for "tgn $lldeg P50, when tl',e offender shall ill-treat another by deed without
or more (but not more thSi-lhiffi@, or needs medical causing any injury.
attendance for the same period of time;
( 2) The physica I inj u ries, musl-.nol''be- tho$*-deseribeS*in-Ihe
CHAPTER THREE
ggiggDsrsEles. . Rape
Penalties: Art. 266-A. Rape, when and how committed,
(1) Aresto mayoa Elements under paragraph 1:
(2) Aresto mayor and a fine not to exceed F500, if the less fh.Af ril)
l.J*"(z) Offencler'is a man;
serious physical injuries shall have been inflicted with the manifest @geofawoman;
intent to insult or offend the injured person, or under circumstances ) Such act is acco'inplished under any of the following
adding ignominy to the offense;
(3) Prisidn ccnxcionalin its minimum and medium periods, if (a) by using force or intimidation;
(b). when the woman is deprived of reason or otherwise
the less serious physical injuries shall be inflicted upon the offender's D
parents, ascendants, guardians, curators, teachers, or persons of glrconscrous;
rank, or persons in authority, provided that in the case of persons in t' (c) by means of fraudulent machination or grave abuse of
authority, the deed does not constitute the crime of assault upon authority; or ,5-h\
such oerson. D (d) when the woman lS under-,ti,velve (12) years of age or
demented. \W
Elgments-under pa.raoraph 2 :
(1) Offender commits an qqglgM!_lssault;
ll
tit:

I
ii
J:

li (2) The act of sexual assault is committed by any oi the (c) when the rape is committed in full view of the spouse,
following nreans: parent, any of the children or other relatives within the third civil
(a) by insefting his penis into another Pe.rson's mouth or degree of consanguinity;
gl.J-ai&eroi-
(b)byinsedrtg-*q1y_ln-s$eserlp"r-qbje*.in!-o.*!hgggllB"l-oI
(d) when the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be such
I anal orifice of another Derson. by the offender before or at the time of the commission of the
l,

fJfTn"e atr rtf-sexuailssiutt is accomplished trnder any of the crime;

followi ng circrmstances :
(a) by using force or intimidation; or
(b) when the woman is deprived of reason or otherwise
unconscious; or
(c) by means of fraudulent machination or grave abuse of
authority; or
(d) when the woman is under hvelve (12) years of age or
demented.
) Art.266-8. Penatties.
| (1) Rape under paragraph 1 of the next preceding afticle shall
be punished by reclusi6n perPetua;
(2) Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty sirall be reclusidn
perpefula to death;
(3) When by reason or on the occasion of the rape, the victint
has become insane, the penalty shall be reclusidn perpeilE to death;
(4) When the rape is attempted and a homicide is committed by
reason-or on the occasion thereof, the penalty shall be reclusion
perpetua to death;
(5) When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be death;
(6) The death penalty shall also be imposed if the crime of rape
is committed with any of the following aggravating/qualifying
circumstances:
(a) when the victim is under eighteen (18) years of age
and the offender is a parent, ascendant, step'parent, guardian,
relative by consanguinity or afflnity within the third civil degree,
or the common-law spouse of the parent of the victim;
(b) when the victim is under the custody r:f the police or
rnilitary authorities or any law enforcement or penal institution;
(e) when the victim is a child below seven (7) years old;
(f) when the offender knows that he is afflicted with
Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually transmissible
disease and the virus or disease is transmitted to the victirn;
(g) when committed by any member of the Armed Forces
of the Philippines or para-military units thereof or the philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position to
facilitate the commission of the crime;
(h) when by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or disability;
(i) rryhen the offender knew of the pregnancv of the
offended pafi at the time of the commission of the crime; and
(j) when the offender knew of the mental disabili$,
emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.
(7) Rape under paragraph 2 of the next preceding article shatl
be punished by prigi6n mayon
(B) Wheneve'r the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be pisidn
mayor to reclusidn tempora l;
(9) When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be reclusiin tempoml;
(10)When the rape is attenrpted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be relusi1n
temporal to re:lusi6n perpetu1
(11)When by reason or on the occasion of the rape, homlcide is
commltted, the penalty shall be reclusi6n perpetua;
(12) Reclusldn temporal shall also be imposed if the rape is
commltted with any of the ten (10) aggravaUng/qualifytng
circumstances mentioned in this Article.
 66
tt/

Art. 266-C. Effect of pardon, (b) it shall have been committed simulating public
(1) A the offender and the
subsequent marriage between authority;
offended party the criminal action or the penalty (c) any serious physical injuries shall have been inflicted
-glsingglshes
imposed; upon the person kidnapped or detained; or if threats to kill hlm
(2) The subsequent forgiveness by the wife, in case the legal shall have been made;
husband is the offender, extinguishes the criminal action or the (d) the person kidnapped or detained shall be a minor,
penalty, unless the marriage is void ab lnitio, except when the accused is any of the parents, female or a
Art. 266-D. Presumptions. Evidence which may be accepted public officer.
in the prosecution of rape: (2) Death, where the kidnapping or detention was committed
(1) Any physical over act manifesting resistance against the act for the purpose of extorting ransom from the victim or any other
of rape in any degree from the offended party; person, even if none of the circumstances abovementioned were
(2) Where the offended pafl is so situated as to i"ender present in the cornmission of the offense;
him/her incapable of giving consent. (3) The maximum penalty, when the victim is killed or dies as a
consequence of the detention or is raped, or is subjected to torture
TITLE NINE
or dehumanizing acts, the maximum penalty shall be imposed.
Cri m es Ageing!_Pe rsolel_l=! letU an d Secu ri ty
Art. 268. Slight illegal detention. .
Crimes Against Liberty Elements:
Art. 267. Kidnap!ffind serious illegildetention. 7 (1) Offertder is a.private individual;
Elements:
(2) He kidnaps of"e"t6fiim5i6'er, or in any other manner
(1) Offender is a private individual; deprives him of his liberty.
(2) He kidnaps or detains another, or in any other manner (3) The act of kidnapping or detention is illegal;
deprives the latter of his liberty;
(4) The crime is committed withoulllhs attendance of any of
(3) The act of detention or kidnapping must be illegal; lhecir'mstanqeteCIqm-eRgg-lLA*iSn.ap7:---_-
Penalties:
(4) In the commission of the offense, any of the following
(1) Reclusi6n temporal shall be imposed upon any private
circumstances is present:
i;$ (a) the kidnapping lasts for more rhan three (3) days; individual who shall commit thc crimcs dcscribed in the next
preceding article without the attendance of any of the circumstances
\S (b) it is committed simulating public authority;
-n -fl-
-,. i (c)
tc, any seflous physical InJufles
serious pnystcat injuries are inflictpd upgn tne
InnlcrFo upo/n the
enumerated therein, The same penalty shall be incurred by anyone
who shall furnish the place for the perpetration of the crime;
,Q -)"p"rqpn kidnapped or detained or threats to kill hilare ffie;
"--) -lperspn mdde; or (2) Prisidn mayor in its minimum and medium periods and a
${ry- 'a public
1l9l _the_person kidnapped or detained is a+{inor, 6rnale, or
officer.
fine not to exceed P700, if the offender shall voluntarily release the
person so kidnapped or detained within three days from the
Penalties:
(1) commencement of the detention, without having attained the
Reclusi6n perpetua to death if:
purpose intended, and before the institution of criminal proceedings
(a) the kidnapping or detention shall have lasted more
against him.
than three (3) days;
Art. 269. Unlawful arrest.
Elements:
lAs ntwttdctl by.\oclrol 3 of R. A. No. l8 (Arr Att Atttt'trditrg Artirlts 62, 276, 268, 270, 271
nnd 299 of llrt Rttnsrl Ptuol Codc) tttrl St,e t iotr I c/ 11, A. No. 7S50 (-l ln' Dcnth lr(ttillt v Lail).
 68

(2) Thellrpose of the offender is to delivei. him to the proper

authorities;
(3) It is under the pretext _of.Iei[bqrsino lrimtetf of a debr
*"TIfrne arrest or detention is not authorized bv raw or there
incurred by an ascendanigu-iEiEn orlerson entrusted wrth the
nn rorcanrhla ara' !L^-^4^-
is custody of such minor.
'^J
Pelaltyl Prisldn cotr*clonatin its minimum and medium periods ano
a fine not to exceed P500.
Aft. 2-74. SSwices
%%%-@r renderi:d under compulsion
' 4 in
(1) PaYment Of debt.
Offender is entrusted with the custody of a minor person;
:,-'-"""*'r EleEents:
(2)He deliberatety faits to restore-ifrFiE
) the said minor to hiis parents
3rg-guardians.- ,/ Ol Offender _gamgdlf a debtor
* to work for him, either as
Penalty: Rslusi6n perpetua. ".liousehold seryant or"Fdrm laEcirer;
.selnsrue*deh!9ri:{,U
I?) l!Theis pupgs.g19tg.Eq-u.i1g_oi
l.ft,27L. Inducing a minor to abandon
Elements:
his home.
^Pena (:l enforce the paymenr of a debt.
ltv: Arreiio maWfrfr mffiffiririi-peiiTffit\friffiorrecciona /
(1) A Tl_ngl (whether over or under seven (7) years of age) is in its minimum period.
.if'
livinq in the home of l_hpSrenlr.p;_gggg[lgns or the
wiiFfE cust-odf--'
F]erson entrlsted " cHaptER Two
. Crimes Against Security
(2
) offe_nder ill(gc"g: jgg.ninsr_Lp_-e.hgn!9n
"''..*-.^e'ert*.-
such ho m e. Art. 275, lbqndonment of persons in danger and
Penat0es:
(1) Prision orrercionaland a fine not to exceed F700; a ba do n m e nt of-i-ie-5o-wn victi m.'
n
Acts puniFhed and their respective elements:
(2) Aresto mayorand a fine not to exceed p300, or both, if the (1) Failing to
person committing any of the crimes covered by the two prececling assi
offender finds in a
articles shall be the father or the mother of the minor,
Art,272, Stavery.
Elements: / ii., tt
I'
t:
IJ
unless such omlssion shall constitute a more serious offense.
(a) The place is not inhabited;
(1) Offender $urchases, c'6lls, KiOnaps or detains a human (b) Accused found tnere a person wounded or in danger of
being;

heinn
(2) The purpose of the offender is to enslave such human Hl Accused .g-,u1g9rarr'*.r.*r, r.,r''"nlo
Penalties: hlneelf;
(d) Accused-LeilS.lg reldgl_asstsgnce.
(1) Prisidn mayorand a fine of not to exceed p10,000; (2) Faiting to help br renAer assistinFto another whom
(2) The penalty shall be imposed in its maximum period, if the the
offender has qcglglenta lly wou nded or i nj u red.
crime be committed for the purpose of assigning the offended party (3) By under seven (7) years of age,
to some immoraltraffic. the offender to the authorities or to his
Art. 273. Expfoitation of child labor. a safe
Elements:
(1) Offender re'pins
AmIUr in his services; Art. 276. Abandoning a minor.
(z) Itirggelnr-W** Elements:
(1) Offender has the cuslggly of a chitd;
 70

(2) The child is uQQg:gyen_(7) years of age; (2) Employing children under sixteen (15) years of age who are
(3) He abandons such child; not the children or descendants of the offender in exhibitions of
(4) He has no intent to kill the chilci when the latter rs acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the
aoanooned.
offender being an acrobat, etc., or circus manager or engaged in a
Penalties:
similar calling;
(1.) Aresto mayorand a fine not to exceed P500; (3) Employing any descendant under Wvelve (12) years of age
(2)Prisi6n arrecional in its medium and maximum periods, in dangerous exhibitions enumerated in the next preceding
when the death of the minor shall result from such abandonment; paragraph, the offender being engaged in any of the said callings;
(3) Prisidn orrercionalin its minimum and medium periods, if (4) Delivering a child under sixteen (16) years of age
the life of the minor shall have been in danger only. gratuitously to any person following any of the callings enumerated
Art, 277. Abandonment of minor by person entrusted in paragraph 2, or lo any habitual vagrant or beggar, the offender
with his custody; indifference of parents. being an ascendant, guardian, teacher or person entrusted in any
Acts ou.nished and their respective elements: caoacity with the care of such child; and
(5) Inducing any child under sixteen (16) years of age to
abandon the home of lts as:endants, guardians, curators or teachers
, in the absence of that one, to follow any person engaged in any of the callings mentioned in
paragraph 2 or to accomparry any habitual vagrant or beggar, the
(a) Offender has cba$e of the rearingror educatioQ or a offender being any person.
minor; Penalty: Prision coreccionalin its minimum and medium periods and
(b) He
t!:gr said minor to a public institution or other a fine not to exceed P500.
persons;
(c) The ang*Who__Slrg5lgd such child to the offender has Art,279. Additional penalties for other offenses.
The imposition of the penalties prescribed in the preceding
ngl--co!gnted to such act; or if the one who entrusted such
articles, shall not prevent the imposition upon the same person of the
child to the offender is absent, tlre prsffll-Aglbgrilie5 have not
penalty provided for any other felonies defined and punished by lhe
consented to it.
(2)
Neglffting his (offendert) chlldren by nct giving them the Revised Penal Code.'
education.which their station in lrfe requtres and financial condition Art. 280. Qualified trespass to dwelling.
permits. Elements:
(a) Offender is a parent; (1) Offender is a private Person;
(b) He neglects his children by not giving them education; (2) He enters the dGiiinlQ-6lTnother;
(c) His station in life requires such education and his (3) Such entiance is against the latter's will.
financial condition permits it. LenAticS:
PenalW: Arresto mayorand a fine not to exceed P500, (I) Aresto mayor and a fine not to exceed F1,000;
Art. 278. Exploitation of minors. (2) prisidn coneccional in its medium and maximum periods
Acts ounished: and a fine not to exceed P1,000, if the offense be committed by
(1) Causing any means of violence or intimidation.
16) years of age to
perform any of Art. 281. Other forms of trespass.
contortion, the being any person; Elements:
''*#F (1) Offender enters the closed prenrises or the fenced estate of
another;
 72 /,)

(2) The entrance is made whire either of them is ur[nhabited;

(3) The rehl[!_on t6Enter is manifesg .*=-;-*' even though not unlawful, and said offender shall have atlained his
purpose;
.f\
(a)
\'/ The trespaGFhas nqt- iCc-ui?dfffe_p9fqission of rhe owner (2) if the offender shall not have altained his purpose, the
t4d th e Q"a,rgh[er the reof . penalty lower by two degrees shall be lmposecl;
Penaltv: Arresto menoror a fine not to exceed p200, or both. (3) If the threat be made in writing or through a middleman,
Att. 282. Grave threats. the penalty shall be imposed in its maximum period;
Acts ounishqd aQd their respective elements; (4) Aresto mayo;'and a fine not to exceed P500, if the threat
/ ?i:t qpss his /erson, . shall not have been made subject to a condition,
- -(]) $Srys.,aTtlef
I
,?p..tv( qt
9, f
.u,$ lhs raflrslien
t of tlis{g
th a f y rolso.nnounrj ng,lg*a
m i I y/ o Qn w Att. 283. Light threats.
crime-and ondition, even Elementq:
though not unlawfut, and TFEoFFender alrt;m#"H'i; .'#*#" (1) offender makes a threat to qomrnila- ;

LnlliEJton Nilrt;l'n, (2) The wrong dqgs nqt constit

upon the latter's person, honor or property, or upon that of the
{1,gwi#,(g) There-k a Qem4glplltrEpv or that other condition is
latter's family, of:ryIfqlg; ' imposed, even though not unlawful;
\'$9\gf'fl. fl (b) S,{e! q yvlo-ng'_am9un-tlta "a_$Jng; g,al'"fi;"s&..1+) Offender has attained his purpose or, that he has not
diAni\s" L' (c) There is a demand for mJnev or that any otirer " x attained his purpose.
ntfo.lll'l condition
ct is imposed, even liiougn not lawiul; Penalw: Aresto maYon
$irii$:iXtt'
g*xtt (d) Offender attains his purpose. Art. 284. Bond for good behavior.
' (2) -#pinllg*ils In all cases falling within the two next preceding articles, the
DUTDOSe.
maki
(a) Offender threatens another person with the infliction person threateneQ!. or
upon the latter's person, honor or property, or upon that of the !![9
latteds family, of any wrong;
(b) Such a wrong amounts to a crime; Art. 285. Otherlight threats.
(c) There is a demand for money or that any other Acts ounished:
condition is imposed, even though not lawful; (1) Threatenlng another with a weapon, or by drawing such
(d) Offender does not attain his purpose. '(2) in a quarrel, unless it bEm-TEwnifsdFdefense;
weapbn
Oraliythreat@nger, with some
. (3) ThreateningjAath?r with the infliction upon his person,
honor or prcperty or that oi, hs fami/y harm constituting a crime, without persisting in-Thg.-idea involved in
of any wrong amounting to a
cnmq the r.^ing sub;4to a condition, his threau
Qryalnot (3) OfaLtfthreatening to do another any harm not constituU0g
(a) Offender threatens another person with the infliction
upon the latter's person, honor or property, or upon that of the n felorlL
latte/s family, of any wrong; !@g: Aresto menorin its minimum period or a fine not to exceed
(b) Such a wrong amounts to a crime; F200.
(c) The threat is not subject to a condition, ' Art. 286. Grave coercions.
Penalties: EleFrents:
penalty.next lower in degree than that prescribed by
-(1) A person prevented another from doing something not
.law for
-(1) .The
the crlme he threatened to commit, if the offender shall have prohibited by law, or he .compelled him to do something against his
made the threat demanding money or imposing any oH-rer condition, wlll, be it right or wrong;
 /)

(2) The prevention cr compulsion be effected by violence, (2) Paying the wages due his laborer or employee by means of
threats or intimidation; and tokens or cbject other than the legal tender currency of the
(3) The person that restrained the will and liberty of another Philippines, unless expressly requested by such laborer or employee.
had notjheau{hority of law or the right to do so, or in other words, (a) Offender pays the wages due a laborer or employee
that th{lestrain} shall not be made gndercuthadbl-Qflg.yv or in rhe employed by him by means of tokens or object;
exercise oFdlryl-awful rig ht. (b) Those tokens or objects are other than the legal tender
Penalties: currency of the Philippines;
(1) Prisidn conercionaland a fine not to exceed P5,000; (c) Such employee or laborer does not expressly request
(2) The penalty next higher in degree, if the coercion be that he be paid by means of tokens or objects.
committed in violation of the exercise of the righr of suffrage, or for Penalty: Aresto mayoror a fine ranging from P200 to P500, or both.
the purpose of compelling another to perform any religious act or to Aft. 289. Formation, maintenance, and prohibition of
prevent him from exercising such right or so doing such act.
combination of capital or labor through violence or threats.
Att. 287. Light coercions. Elements:
Elements: (1) Offender employs'violence or threats, in such a degree as to
(1) Offender must be a qgeltor; compel or force the laborers or employers in the free and legal
exercise of their industry or work;
(2) The purpo e is to organize, maintain or prevent coalitions of
*-?l capital or labor, strike of laborers or lockout of employers.
t. Epso
payment of the debt.
r rs to apply the same to the
CHAPTER THREE
Penalties:
Discovery and Revelation of Secrets
(7) Arresto mayor in its minimum period and a fine equivalent
Aft. 290. Discovering secrets through seizure of
to the value of the thing, but in no case less than P75;
(2) Arresto menor or a fine ranging from P5 to P200, in the
' correspondence.-*
\_-__3_#
t/ case of any other coercions or unjust vexations. , Elements:
t/
l/l
sL tff FO (1) Offender is a private individual or a public officer not in the
il d\ Art. 288, Other similar coercions. :',' .' - c-eriis'e of nis official fu6ffi-d---:r=
i-'/ 'l Acts ounished and their respective elements: *;YJ (2) He seizes the papers
iYf4"^. oaoers or'ietteirs-of another;
r;
( 1 ) Fgfdng-or*compelling, di regl|L_gt_lldirectly, or knowingly
YMffiUti Th.
I

-th of such another

pe rmi tti n g e fo rcj ng-or co m p e n g o f*ihAE66EF6 r e nr@ft doTtFe
offender to purchase
I I i

merchandEe of comrnodities of any kind from

l''Vwtr\2i
on na.r. is r!&ned or the contents of the papers or letters
him.
seized,
(a) Offender is any person, agent or offlcer of any Penalties:
association or corporation; (1) Prisiin conercionalin its minimum and medium periods and
(b) He or such firm or corporation has employed laborers a flne not to exceed F500;
or employees; (2) Arresto mayorand a fine not to exceed F500, if the offender
(c) He forces or compels, directly or indirectly, or shall not reveal such secrets,
knowingly permits to be forced or compelled, any of his or its
laborers or employees to purchase merchandise or commodities
of any kind from him or from said firm or corporation.
 76

Att 29L. Reve.fing office.

secrets with abuse of G, Rdusi'n tdnpnl, when fo ieason or dn ocasion of the
Elements: ., of the phylhallnjuries
any ol
robberv, anv
roooety, penalized In
Dnvsl@l lnlunes oenalrzeo in suDowrson of 5ar0
subdivisio! z? or said _ t
-,a-
(1) offender ls a manaoer. emotwee orEryant; IVZJ
, Articte ,e: ;ha have*liffi1it1ft6d*- ,lV@ht
(2) He leams oe-6.ets or-ffi1iE!pef-9l-0!gg' In srlor
capacity; f' lvl "< g)
"' -4\n
pnsidn naq
In rts maxtmum peiod to tdusiin tenptul'il:t , /'r' ,L
ib medtum Dedod, r tte vrotence or intimidation emmveo 1; the yy l{'{lrlxl
(3) He rcvells such secrets. commtsston of the robbe-y shlfh1vi@ry_glgelty llX4*U/-
penatw: effi67i1orfriine FsOo.
not !o orceed !;necessarv for the commrrdr,n .r the crime, or wnen In 6e @u.se l rll J
notlffl4t[.4l-
t
Article 292, Revelation of Industriat secrets. 6i lEEeGon, ttre ofenoer stratt ttave inRicea upn any persn
Elemenbl .r
rqpgn:l.ble
Er its.com.mlssion.any of the
physical lnlurles coved by l)lAI)
(1) Offender is. a persgrLinrharge, etplgyge or workman
I v' Itil
a FV I subdivisions 3 and 4 of said Article 263;
]+- ,of - t V' YV Y
rf:r*rrrina nr iael,re[iot aar-hti^h--^-r.
&4nng-erindustriaLestaUisnnm.n$ (5) Prisidn
/q\ DrieiAn mnarainnzl in itc
@rreccionalin maximum period to prisiin mayor
its mrv
secret
2) The manufacturing or-industriai-establisbment has a in its medium period, in other cases.
leamed;
olggi4qlFy whldt the offender has Art 295, Robbery wlth physical Injurie+ ommltted tn an
secrets;
(J, onenoer reveaF such unlnhablted place altd by a band, or wlth the use of flrearm
(4) Prejudlce owner.
prEuorce lsB caused to tie
the on st]et r;ad
ort a sttet, oralley.
rcad or allev. ,/
Plllou. and
i6n @ndonal in its minimum and medlum periods Robberv wlth vlolence ao;inst or intimidation of oersonr6ualifled Is
F500,
a fine notb o(ceed
_ ouafiE+ if tf comfil.tea: ,]111, "-. , tr-:^
rrrlE rEN --lf-li-ii-unin6ititec ptace; Ul Wq f A D ila,
crimes Asainst Propertv p
[3] Bliff:flfir^. movins train, streer car,
'o" motor '":""'=' or
"':"' vehicre,
-ii3[,t':%?H'"' j1r rt rn/\ /
airship;
(fl."?L"H{8f,ils. ,Vl4
(4) enlgrjdg :'
the-pbbsengers'compartments in a train, or in
M
_ lll:.trt.
Eletff;ere
rra a,rirlrr
Arr 2s3. who are euirty of
suilty -^kk^-.
rob a.w.
^r robbery.
ll,l
?VI wv
WV .. , " . -, ,, ,^,,. "",
't*W14
by
11T:TJff".T#?lI Jl#,lf '";"1,1! gCI
rs De-onar DroDertv beroroino t"t"**. d,(ffi1!, ;t'e""t" t"gaTesill ,. , rt .. .--.,--,- 5

force upon anythlng. Art. 296. Definition of a band and penalty incurred by
Art. 294. Robbery with violence against or intimidatiorr the members thereof.
of persons - Penalties. Bcqltisites for liqbill m-e.m.berlof the band: l) 'l'!.!1
(l) W, (1) He was a {lember of the band;
/hen by reason or on
occasron or me rcbbery, the crime of .,homicide shall have been
(2) He was present at the commission of a-!:obbery bythat;;'tkta'l
band;
cfinmift{, or when the robberyshatt haltbffi accompanied by (3) The qther members of the band committed an ,A*'.frrt i1,..#
assault; CLli-'.\it! '"'-r..,t
/gPg-ad$qnuonal mutilation o ;
(2) Rslusldn temporal in its medium period to reclusiin
y'r
1+i.Ue o dlrj, i,, ,i,,t.!
prpefua, when or lf by reason or on occasion of such robbery, any
of Articre 263 sharl
ip^ft4sil
;l,l!i
have been inflictff /'ftAr$tu

i''li , rl$",\,"ftfu*,ef/ 0n, &iff'&S,ti

 79

d.itr,ff{.n (c) Once inside the buildin ersonal

unlicensed firearms; Rlopgtty belonging to another with
with force uPon things tthl nf
QfAobbery
(a) dwellinq
\---------'{t house, public building, or
.rs worsrr [p,, I,ircgaidle-of-jhg
Art, 297. Attempted and frustrated robbery committecJ
belonging to another,

ilf"ff'k
under ceftain circumstances.
Elements:
(1)Thereisan@; 'ls;;, ",
or t
Pwcd
(2) Alromicide is committed on thelEEEGion, any other kind of locked or sealed furniture or rpcpFi"cle;
Penalty: nffii-ffiW\n its maximum period to reclusion
(ii) by taking such furniture or objects away to be I

perpetua, unless the homicide committed shall deserve Prclke0 or forced

of'en ou!g(!"e the place of the robbery.
a higher
Penalties:
penalty under the provisions of the Revised penal Code.
(1) Reclusi6n temporal, if the value of the property taken shall
Art. 298. Execution of deeds by means of violence or
exceed F250;
intimidation.
Elements:
(2) The penalty next lower in degree, when the offenders do
wff
,rvrrr (r)
(1) otfender
Offender has llJenlejgfrgld anpther; ./
intent to 4efraud aryther;
not carry arms, and the value of the property taken exceeds P250;
(3) The penalty next lower in degree, when the offenders are
(2)
izl
PnffiF . :ment
orfender
Offender grpgtr
gg@b nim-nfin,glecute.
himE ffr1 ,g{ecute', or detiver any pubtic armed by the value of the propefi taken does not exceed P250;
imrrts@
l".lt ) (3)
or document; eW ty l)
The compulsion is by means of violence or intimidation,
(4) The penal$ prescribed in the two (2) nest preceding
*' resp@ paragraphs, in its minimum period, when said offenders do not carry
\n ?enalU: Penalties for robbery, as tf,is arms and the value of the property taken does not exceed F250;
Chaoter.
(5) The penalties nexr lower in degree than those prescribed in
l$runuf/ ..Art. 299. _Robbery in an inhabited house or pubfic this articles, if the robbery be committed in one of the dependencies
J'ol#Bnbuilding or edifice devoted to worship of an inhabited house, public building, or building dedicated to
+:. u
tl Artc nr rnichad rnal |lrair raaaa*i.,^
Acts ounished and thgir resoective elements:
^r^-^-!^.
TFS religious worship.
'f;1 (1) Robbery with force upon things under subdtvision (a), ot,
Att. 3OO. Robbery In an uninhabited place and by a band.
/ ) Article 299:
The robbery mentloned in the next preceding afticle, if
,',{""

.-{\/ (a) Offendereltered an inhabited house, pubtic buildino or

\-/ gdjficgdevoted to r"ligiour'oEhD- committed in an uninhabited place and by a band, shall be punished
/h\ffiEE- r^) tz , try the maximum period of the penalty provided therefor.
L-- _-
by any- of. the
,, -.i,,
fcilloWing
#JN buitding or
Aft. 301. what is an inhabited house, pubtic qnrl
(i) through an opening not intended for entrance or
r---r.-r-
building
- dedicated to religious worsfip
)^J2--L^) t^ -al!aia'ra ..ra.ahln and their
lhair

egress;
$ rndencies.
dependencies.
dependencies. ('S
CSVV
(ii) by breaking any wall, roof or floor. or breakino fr (1) "ldraQlt4--lougd means any shelter, ship,..or v.essgl
door or wtndow; W Kf t) Vrl ^n' : .onririrtintlm oneor@
(iil) by ustng fatse keys, picklottcJor simtaiioots; or f nts thereof shall when the
(lv) by uslng any fictitious name or pretendlnq the .' .
exerclseof@
 80
81

'ts- '
building" includes ,i'every bqildlnq owled by the
matter or larger cattle, the offender shall suffer the penalties next
higher in degree than those provided in said articles.e
temporari
Aft. 3O3. Robb-ery of cereals, fruits, or firewood in an
building dedicated to rerigious worship" ar" ari inttior
court ,'.oi?urr, --- r-.^ --tlninhabited place gr private building.
^ Wf
warehouses, granaries or enclosed pia.es L$ In the cases enumerated in Afticles 299 and 302,10 when the
/rtr | -
*ttl7[t},ffi robbery consists in the takinq of cereals, fruib. or firewoo4, the
gr edifice, having an interior enlrance ceru
and which
form part of the wholE culprit shall suffer the penatty ^nqxt Jower in deqree than that
(4) Orchard and other lands used for cultivation or production prescribed in said articles. Ctr{-
are not included in the term,,dependencies.,, Art. 304. Possession qf oicklock or similar Tools.
Art. 302. Robbery in an uninhabited place or in a private Elements:
building. (1)
Offender has in his possession picklocks or similar tools;
ElemenS: (2)
Such picldock or similar tools are specially adopted to the
(1)offender entered an Lrornhabited*plase or a buirdinq which commission of robbery; 1J*,

yas agljSwelling house, (3) Offender does not have lawful cause for such possession.
l9t a pubtic buitding, or not-;n" edifice
devoted6Eli@iorlr[i5T6?Ehip;* Penalties:
(2) Any of the following circumstances was present: (l) Arresto mayorin its maximum period to prisi6n correccional
(a) the entrance was effected throuih an opening nor in its minimum oeriod;
intended for entrance or egress;
(J (2) Prisidn coneccionalin its medium and maximum periods, if
(b) a wall, roof, floor, or outside door or window was t1 the offender be a locksmith.
broken;
{J
Art.3os. Fatse keys. WUKWi
(c) the entrance was *", The tprm "falqe kevs'r shall be deemed to include: t a . n ',ihr
effected through
keys, picklocks or other similar tools;
the use of false J/
liiHl. 'iiT:1ff i,!?,lX!,no!;iaes;-!1d!,!$)'Yn'
l#,ild4'
'n:"#
I

(d) a door, wa;-drobe, chest, or any sealed or closcd

(21 owner; W
oenuinE.-rce-flGGn from the p;|],Wfmni :rn,#tsf, +i14
furniture or receptacle was broken; or T) (3) in'k1,6,. j
Any keys other than those intended by the owndl fo? use
the lock forcibly opened by the offender.
&,,,fffd'
p'. ,'ff&.w
Brigandage fi%rd.
Art. 306. Who are brigands.
Elenrents of brioandage:
(t) Pri5idn orreccionalin its medium and maximum periods, (1) There are least four (4) armed perscns;
(2J rhe penalty next rower in degree, when the varue
property taken does not exceed p250 pesos;
of the (2) They formed a band of robbers;
(3) In the cases specified in Articles 294, ZgS, Zg7,2gg, 300,
and 302 of the Revised penar code,8 when the property
tiken is mail to worship; (5) roltlttry in nu nuinhnltittd plna' nnl by n hnul: utd (6) rohbery in on nninlnbilttt
yltrr or in n yiunl! bnilding.
iAr,i({.'s 291, 295, 297. 2gg, 30o a.nd,3.02 pt.ttnrizt, fl) robtttrv trtirrt vioknctt trgniusr or. iutiutirrnriott "As tnttrtlul lty Sccliort't olC,A, No, 417 (Att Acl lncrcnsing lhe l'cnnlly lor Roblrry or'l'lrcf ol
q[.lx,rs'|\|ts:(2).ralirrwi|ltplysicnlin)irics,cottttttit|trliittttttttin!nllih,t!"yltttl Mnil Mnllcr).
toill, lh( nx,of finnru on n st.rcct,.rcnil or n!h,y; (3) nilt.utylul ntul
tttttlt'r fi'rlnin drcuutlnt$es: (4) rohl,crv itt nt iitlurhitt'd lrcnsc or lruslrntil not,l,,:trv'Joit,,:ittr,,l fffAfricldg 209 nud 302
1x:nnliu ('l) tolrlxty in m inhnbiled ylncc or pnblir huildittg or ttlifr"r'
fuhlit brtildittg or ti'if;tt dttnlctt ilatoled lotuotship; nrt (2) roblrcry in nu utitrlniltilcil plnn'or iu n 1tt'iturtc htrilding.
 82
83

(3) The purpose is any of the following:

(a) to commit robbery in the highway; IY
rl
(b) to kidnap persons for the purpose
obtain ransom; or
(c) ,o 3$jn by means of
of extortion or
or to
r
any other
purpose. M
Penalties:
(1) Prisi5n mayor in its medium period to reclusi6n tentporalin
its minimum period if the act or acts committed by them are not
punishable by higher penalties, in which case, they shall suffer such T ttl There is Lakinq of personal property;
(2) -fhe property taken belongs to another;
higher penalties. rI
(2) If
any of the arms carried by any of said ;rersons be an (1 @ rhe takins was done-ffi-li'Gfrfi5'lqi-1; .
unlicensed firearrn, it shall be presumed that said persons are i^r (a)
vv., The takitts was done withgut tlp-c9ryg!-9lj!ilHler;
highway robbers or brigands, and in case of conviction, the penalty W (s) rr'e taking is accomplished withp.ul "th_e"*use-*Ql!gle11e
shall be imposed in the maximum period. against or intimidation of persons or force upon things
Art. 307. Aiding and abetting a band of brigands. Art. 309. Penalties.
*ffl9re (I) Prisidn .nayor in its minimum and medium periods, if the
js q band or brisands;
(2) Offender knows the band to be of briqands: lrrv'
Pr{|{g?n, value of the thing stolen is more than P12,000 but does not exceed
P22,000;
(3) Offender dG-ny cf the folowing acii: t\W (2) The penalty shall be the maximum period of the one
(a) He in any manner aids, qbeJs^or protects such band of prescribed in this paragraph, and one year' for each additional
brigands; il q f P10,000, but the total of the penalty which may be imposed shall not
(b) He @n of the nreyengnts of the exceed twenty (20i years, if the value of the thing stolen exceeds
police or other peace officers of the government; or P22,000. In such cases, and in connection with the accessory
(c) He acquires or receives the propefi taken by such penalties which maY be imposed and for the purpose of the other
brigands. provisions of the Revised Penal Code, the penalty shall be termed
Penaltv: Prisrdn coreccionalin its medium period to pnsi1n mayorin prisicin mayorar reclusi6n temporal, as the case may be;
its minimum period. (3) Prisidn coreccionalin its medium and maximum periods, if
the value of the thing stolen is more than P6,000 but does not
/ caaetERJHREE
Theft
exceed F12,000;
(4) Prisidn correccionalin its minimum and medium periods, if
Art. 308. Who are liable for theft. the value of the property stolen is more than P200 but does not
Pefsons liable: exceed P6,000;
(1) Those who w4ljntent to-gain, but without violence against (5) Anesto mayorin its medium period to prisidn correccionalin
or intimidation of p-ersons .nor force upon-Thi-iiil@ peaglgl its minimum period, if the value of the property stolen is over P50
P,roryp?ltnothoW -e '-#
but does not exceed F200;
(2) Those who hETilTogng- tos[@y, falts ro detiver the (6) Arestct malarto its full extent, if such value is over F5 but
same to the local authorities cti to rtS-own?t; .-.- does not exceed P50;
,I rr^nli,'q,l (7) Arresto mayor ln its minimum and medium periods, if such
'
,' l'tit : t'. 'i,'t4' ;.' ) l

ll r] value does not exceed P5;

{.
 84
85

(B) Anesto menoror a fine not exceeding p200, CHAPTER FOUR

committed under the circumstances if the theft is
enumerated in paragraph 3 0f Usurpation
the next preceding articre and the varue
exceed F5' if such varue exceeds
of the thing storen does not Art. 312. Occupation of real property or usurpation of
said amount, the provisions of any real rights in property.
of the five (5) preceding suUoiviitns
lnutt o. made appticable.
(9) A,esto menorin its minimum period or a fine
P50, when the varue of exceedir:g ofi"gnv lgl_er9per!: or uggrP:
'ot
thinf-sioren is noi ou"r'ps,-'.no ti,*
offender shall have acted,theunder t6e impulse of hunger, poverty,
or (2) realpropefi or real rights belo4gto another.
the.difficurty of earning a riverihool
family.
foi tnu ,rpport of r-rimserf or his {d-- (3) g!g!g intinrid-ititrffirl by rhe
aqainst or intinridatiori-6flperGEjilused
rnce against
i*i1*Ioffender in EFupying real
property or usurping real righis in
-Art. 310. eualified theft.
r nert is
propeny;
oualified if: (4) There is intent to gain.
p ll] !:lrifed by a-domestic servar; Penatttes:
/-z e) Commjtred.wltn gr3_r.
?bGE.qnnd.nc., (1) In addition to the penalty incurred for the acts of violence
AAiliiL @ rnu pr.gpr-.rv9ro..@er{ep,or
**#-/
,

i',1 caftle; "-_-* . .

executed by him, the offender shall be punished by a fine of from 50
'-" 'M'8, rargre

t/, (a) The oloperfy storen consists * of lvrvrrlrL)

to 100 percent of the gain which he shall have obtained, but not less
than P75;
td6'er I from
coconpts . taken : the
p"rgires-of a plaooti;: (2) lf the value of the gain cannot be ascertained, a fine from
Y
(5) The properfy storen isTish taken from
O or a fishpond or fishery; P200 to P500 pesos shall be imposed.

(6) If Art. 313. Altering boundaries or landmarks.

property is taken on the occasion
typhoon, volcanic eruption, or any
of fire, earthquake, WTV Elernents:
otnei citamify, vehicurar accident,
or civil disturbance.
Penalty: penarties next higher by two (2)
*v {,
degrees than those
respectively specified in the nbxt preceding
urticf".lf
Art. 311. Theft of the property of the National Penaliy: Arresto nwnoror a fine not to exceed F100, or both.
and NationalMuseum. Library
CHAPTER FIVE
^...1t
of
jlg. eropgrty tt:f.l,be
any.properLy of the Natiorrat Library or
the Nationar Museum, the penarg shail'be
ranging from PZ00 to.p500, or both,
a,esto mayoror a fine #.v
Art. 314.lFraudulent insolvency. I
be provided under other pr*irionl';
unreis a higher ie,'r,irty siouro Elements: l"*" ""**;**-*-'-t-
th.
which case, the offender sha' be punisrreJ'ty
Revised penar code, in r, that is, he has obliqations due and
such higher penartv. payable;
(2) He
(3) There is
Penalties:
(L) Priskin mayo4 if he be a merchant;
ttAs trucruled
(2) Prisidn cctecclonalin its maximum period to prisi6n mayor
hy R'A' No' 120 (Au Act Atttcttditrg Arttrtc 310 o[ llu, llauisttl
',.,;;;;;; codc) rrtti !).1,.
in its medium period, if he be not a merchant.
uts.7t (An Aci lrt,ttttl
Ftrrrher Anttuii,,g e,.ii,.i,i ii;,;i/;f \,ttrtt Cortc.).
 86

CHAPTER SIX business or imaginary vansactions; or by means of other similar

Swindling and Other Deceits deceits;
swindllns (fsfal.a). (b) al.tefls $e qua ty, flnent{slol of anythrng
. ^_11911
ElemenB in oeneral; 2ertahing !0 t,l. rrt or buslness; qF },relght
W
(1) Accused derElgg*-grl.9lher by abuse of confidence. or, bv lOf-WLsgKIlmtJ
meansofdeceit;'.','.'--;-.;;;-;;.;:-'-,withoutpE_uarceine
(4 eni|e or prejudice cEpabte;g!-.Qg !.igg-9eEEgg-tr ;5 PartY may deem proper to bring against the offender;
thj?d-6E;son.
"' etemlns or est ra with unriithiuine-sj- -'
A caused to Ure offended party or (d) po6dating E chf. or issulnq a check In payment of an
obridti,;aTe-i-6-?6iGr nadi6lifi?lI6iiiiiu-ffiEiliEfidt
ofrender has an qoiouq-olliqalia!-udelive,r something of in the bank; ,l
value;
..-,..^(1) - "- = " (e) obteining anyi6od, or ,ecommodatlon at ,rdfreshment
!^2) !e:I;g1s itsCubstance,guanrity, or,{iratity;
lr
-
#gftfr**l lmlel, rlf, rfflqg[a,nt, b.gg5[Ag
rnn, mgtagant, pg house, lp4gjlg-.house, or
, i^ (3) Damage or prejudice is caused to another. t house and the like without paying therefore, with
hd
v
llfr'l.;, lintent tp Jlg8qyd the proprietor or manager thereof; _g[_*J.

ffi
\J (1) lloney, goad5"-Or*Ojher personal '
orooerrv
lLaIHgpg[H is received by the .Fv*$h*,y;p,,,_pJ

x'i!,ffi
:ff T"r.mm,rmff j::1"*H'lF*sj$#:##ffi f&,ldl;JmEffi
,"
_ .*Tt.h9smg; crcgit, JoogL lefr?shqrcDl 0r
F{&4e therein -without
..
Nllltl (2, Inere E mFapprcpriation or converslon of such monev or. rdr,an4orrn4, glpo&rc,r nE roeo, rel'esnment"accommodatjglr
ibrfr,i
or accommooa$on.
1.'l-propertybytheoffender,ordenia|onhisoartofsU.hrFF|nFdFftq:
s part of such receipt;
,v|vv|||UIv|||||Jpq|LU|>uLIl|eLe|UL:l":;..^-.:-''i.{."=*=-' 1ct",ir,{t's'f S$
.r i..{:r -:\suo ; . tn".Kldtl0d
mlsaoprooriation .
.":ui,niooji-SfGiiJ
rerslan-or Qsru"ar .,r11ffi-41$'f (1) offender Induced the offended party to sisn a document;
qod--\
"fl '' 'l A*lSlgpt.nother; .J\)dwtl , ljl ?Sl! t dF|l'ert6'T-f,e him arsn the document;
[r;'!r1-F'o6"f,']..,n"re|5(oemanqmadebytheoffended'""*$;E,ffi&,[3}3#"s*ffiffi*
r
(4) Prqudice be @usl
",4,"rd110
blank:
wl$-lbedmaturetl$g otrc0qr{.pirty (1)
blank;
.,-_,(1)
The.paper rs in tr1fiJL,
1,t,,,:"., (2)
offender partkipates in a gambling game;
He resorb tro some frdudulent pracuce to insure success at
' elivere.d-il,io-the.offender: d.i'{*u't'j'!l th"
J#bil;';:il;
ii]- :'"i dos-qnsns iE 1,* nu,tf'r{r4ctems-ets*aan
wtthout authority to do so; "
v
I fl) There be court recod. office files. documenb or anv other
W$!._q4Ee_Otrf@er

ffiJ;;*"i .##ry_"r, E *i: Lt(,D

auv papersi
oW*.,ffir*ffi'illi"**,
, (l) orrencred hdff"iqttmtlddffiad#nbtn"r.
#
11)
frrudulent act3 or fraudulent frEEili*.---":' - ,
Dan a lriaa.
Penalties:
(1) Pdsidn @fledoMl ln its mexlmum petlcd 6 prlsldn naw
,*9)ffi*9st5i#'h##,Biij:"1i:'.,': ffni: [::H'*g"f'B{.t"i{l"lf:gf'""*1*'#x.:'f,3'g*:
sLrm, the penalfv provlded In this parasnph shall be imposed in its
f p I tf y t, i 0t
u' ,*,it. *
88 89

maximum period, adding one (1) year for each additional p10,000; (ii) by altering the quali$, fineness or weight of
but the total penalty lvhich may be imposed shall not exceed twen$ anything pertaining to his art or business;
(20) years. In such cases, and in connection with the accessory (iii) by pretending to have bribed any Government
penalties which may be imposed and for the purpose of the other entployee, without prejudice to the action for calumny
provisions of the Revised Penal Code, the penalty shall be termeo which the offended pafi may deem proper to bring against
prisidn mayorot reclusi6n temporal, as the case may be; the offender. In this case, the offender shall be punished by
(2) Pn:sr:6n corrrcionalin its minimum and medium periods, if the maximum period of the penalty;
the amount of the fraud is over P6,000 but does not exceed F12,000; (iv) by post-dating a check, or issuing a check in
(3) Anesto mayor in its maximum period to prisidn correccior;al payment of an obligation when the offender had no funds in
in its minimum period, if such amount is over F200 but does not the bank, or his funds deposited therein were not sufficient
exceed P6,000; to cover the amount of check;
(4) Aresto mayor in its medium and maximurn periods, if such (v) by obtaining any food, refreshment or
amount does not exceed F200, provided that in the frcur (4) cases accommodation at a hotel, inn, restaurant, boarding house,
mentioned, the fraud be committed by any of the following means: lodging house, or apartment house and the like without
(a) With unfaithfulness or abuse of confidencer, namely; paying therefor, with intent to defraud the proprietor or
(i) by altering the substance, quantity, or quality of manager theieof, or by obtaining credit at a hotel, inn,
anything of value which the offender shall deliver by virtue restaurant, iroarding house, lodging house, or apartment
of an obligation to do so, even though such obligation be ' hcuse by the use of any false pretense, or by abandoning or
based on an immoral or illegal consideration; surreptitiously removing any paft of his baggage from a
(ii) by misappropriating or converting, to the prejudice hotel, Inn, restaurant, boarding house, lodging house or
of another, money, goods, or any other persr:nal property apartment house after obtaining credit, food, refreshment
received by the offender in trust or on comrnission, or for or accommodation therein without paying for his food,
administration, or under any other obligation involving the refreshment or accommodation.
duty to make delivenT of or to return the same, even though (c) Through any of the following fraudulent means:
such obligation be totally or partially guaranteed by a bond; (i) by inducing another, by means of deceit, tc sign
or by denying having received such money, goods, or other any document;
property; (ii) by resorting to some fraudulent practice to insure
(iii) by taking undue advantage of the signature of the success in a gambling game;
offended party in blank, and by writing any document above (d) by removing, concealing or destroying, in whole or in
such signature in blank, to the prejudice of the offended paft, any court record, office files, document or any other
party or any third person; paoers.
(b) By means of any of the following false pretenses or Art. 316. Ottrer forms of swindling.
fraudulent acts executed prior to or simultaneously with the
commission of the fraud: ,'-; i1.." or nbrtgaging any real
(l) by using fictitious name, or falsely pretendingto L-''*-'
possess power, influence, qualifications, propefiry, credit,
(a) There is an F
immovable, such as a parcel of land or a
agency, business or imaginary transactions, or by means of
other slmilar deceits;
building;
l.^r\h*,Si, (b) Offender who is not tne owner rq1esenls himself as
4) irrurr*p*?v: |"'td$#rrq the owner thereof;
",,is,f
b)'il+urs,ft.- ylf;, , #+, rli,- f ulLo r*e*t"l *-if.rn& t:,::] {}rj s'#i l,rl.,i,lr l EV
4,) dj st,,';i {n,d, ,, 1.; $+* r"*J.d#r"$,,;c.44$.
;n-f
r$g,E:hrt
" -'
#e,' #g"{"
-l l$**''.|!j f,'rlf ;; T ; t- I E
+l
;tr.*ur,t;{.r4tt
d) fjl{*rs'#J#"1
r.r'rnriuri i,j
 n 91,

r..,il? ffiflli,.'1ffi:fl
(d) The act is made to the gSUglgp_lg*lh"g_-owner or
.' se,ins, (d) Such sale, mortgage or encumbrance is B[l[oy!-
exDress authodhejfQm the .ggg!, or made before tlae-
PefSOn. %*' a third
- -; .;.; ,.*
'$'l-dff
caRenatpff or rus uorioffiFe-ing relidveA*iffi*tne

!7)^.8! Wrg. braof EEiifr

S{tropSp as free fron encunbrartce,
ffiim,
suffiilm PenaIW; Arresto mayor in its minimum and rnedium pertods and a
a lth o ugh n reco *a.
f"{r*,l (a) The Uiggdisqosed is a reat properry: fine of not less than the value of the damage caused and not more
(b) ofreta@n-$:frE't the reat!ffirry than three (3) times such value.
Sse#* was encumbered,
,#''ry*ue{ tlgtls*hsssq'Mt; Art, 317. Swindling a mitror,
Ei-qmenls: ,
{*s' the real propefi is
representa offender that
(1) Offender takes advantage of ther-ifrexperience or dmotions
or f6elings of a minor;
(2) He induces such minor to lElu0rq -an obligation or to giyg
el;vfor to
rcleaie Lv execute cl anfffiffiT!ffi*1'.
a transfer of srrl v.lyYe, lJ rryrrL,
llclllJlsl vl ./
(3), The qffii3-rome#n
^glu(g
of money,..efeoit or dther
)nar propeny;
!31 9{*9g't ths ortl.r or- psls-qqaLnmperty;
iri -:1--E.F.;.-.
(oJ sato personat property .iJ5"xrx'.+'r'r(q*r (a) The transaction is @.
is in the lawfD
lawfDl-o,
another: Penalty: Aresto mayor and a fine of a sumranging from 10 to 50
(c)' Offender wro fu"&{,.t 1t l& percent of the value of the obligation contracted by the minor,
tAKes it rror its lawf'ul possessor;
&*" o*.. 318. other ueceits.Xffi-f
(d) Prejudice E
i99y*"9_e5",gg_ to the possessor or third
person. Acts ounished:
(4) By extruting any nfuH:*gltrAct to the prejudtce oi (t) Defratdi0g or g3sagtng another by any other deceit not
another.
-
mentione$,in the preceding articles; pt'

iti-6l"ff li'tq--dret** by ..dar<ing forecasts, ov dlting

fortune.s, af eI takilssdyanEqF a in any
(c) other similar manner, for profit or gain.
!:) ayMltttion
for labor not
for seruices not rendered or Penalties:
(I)
Arcesto mayorand a fine of not less than the amount of the
(a) Offendef?ccepB damage caused and not more than twice such amount;
r. ,,k\
(b) u^ ie,==J!qy_!9np_g!Fggqn for servic,es or labor;
He @n6i6na;rTny jg1@oip.J.ir, any tabor. (2) Anesto menor or a fine not exceeding P200, if any person
;I\/lr'' i{fl^^!u],^bv s"ttir }-o, encumberins real property or who, for profit or gain, shall interpret dreams, make forecasts, tell
p=rg=93es H//f, frg_gferder fortunes, or take advantage of the credulity of the public in any other
* ->-\@ guararyleed fhe fufiirent of his
>{. oatgatton as surety.
:r\
'4rllch
similar manner,
(a) osndsr*,g.<rr:tin u,'#nqjsiven in a criminat or CHAPTER SEVEN
civil action
Chattel Mortgage
(b) He guaranteed thq,.lqfffient of such obtigation with
h is real propenilTi ijToeeTtidl- Aft. 319. Removal, sale or pledge of modgaged property.
AEts punishqd and thek [espective elements:
au-rerlercncu$ry* (t) llnewingly__rcngyryg any personat properA mfuagd
,..uI jjloffisell* "ne*sp999r-orJ[
under the Chattelfr@di{Law to anv provinge or ciY-other than
 92
E3

(3) The gct oi damaging another's propefi was committed

merelv for tne sa-RE{tf-tt6nf&-nq iu
'
328. speciat cases of mallcio ---.!-!-

Acts ounished: ?-e

-.Art.
(1) Causing danrage t"o--.op,:!fgg the performance of
-PgPIg
'i**
s
NA
promenade, or any other thins u99"{I:oill9.1,P:lg1$]5'
irenalties:
(l)
Prisi1n coreccionalin its minimum and medium periods, if
the value of the damage caused exceeds F1,000;
mortgage and noH on the reord thereof in the offrce of the regisler
if
(2) Anesto mayor, such value does not exceed the
of dds of the province where such property ls locatx.l. abovementioned amount but it is over P200;
(a) Personal property is already pledqed under the terms (3) Arresto menor, if such value does not exceed P200.
of the Chattel Moftgage Law; ''*--;-F Art. 329. Other mischiefs.
(b) Offender, who is the qg;lggggl of such propefi, g,llp mischief.no
Penalties for :

9ff l$s es lbn-5enser-an-v""P*I!*lhsfu;

- (U Arresto mayor In its medium and maximum periods, if the
. (c) There is on the
back of the nrortgage ana noted on tne recoil tfrFreof in Ure
value of the damage caused exceeds P1,000;
(2) Arresto mayor in its minimum and medium periods, if such
office.of the register of deeds. value is over P200 but does not exceed P1'000;
Penalty: Anesto mayoror a fine amounting to twice ther value of the
(3) Anesto or fine of not less than the value of the
menor
property. Oamdgb caused and not more than P200, if the amount involved
does not exceed P200 or cannot be estimated.
CHAPTER EIGHT
Arson and Other Crimes Involving Destruction Aft. 330. Damage and obstruction to means of
NOTE: Articls 320-326-8 have been repealed by p.D, No. JOJJ communication.
(Amending the Law on Arcon) rer@*
(L) Prisi6n coreqional in its medium and maximum periods
CHAPTER NINE
Malicious Mischief
shall be imposed upon any person who shall damage anY j]wil-
telegraph or telephone lines;
Aft. 327. Who are liabte for malicious mischief. Ft'sion mayon I e dam
Elements: of
Itl Offender d@Lety caused damaEe to the property of
anotner;
(2) Such act does+ol constitqte q,r$pn or other crimes involvrng
destruction;
 94
95

Art. 331, Destroying or damaging stltues, public (2) Thel next lower in degree than that provided in the
monuments or paintings. next preceding
Penalties: committed
this offense while being. without
.. (1) Arresb mayorin its medium period to prisidn coneccionalin gEnded-spollsg.
its minimum period, if any person shait destroy bfggrygg_glggg:
any other useful or glnglnentatpuhltc_mpnumenr. ".r-
Art.334. Concubinage.
--QS-Affi6 menor or a fine not to exceed p200, or both such Elements:
fine and imprisonment, in the discretion of the court, if any person (1) The man is married;
(2) He is either
(a) keeping-a mistress in the conjugal dwelling;
shall

(b) having sexual intercourse under scandalous

CHAPTER TEN circumstances with a woman who is not his wife; or
Exemption from Criminal Liability (c) cghabiting with a woman who is not his wife in any
in Crimes Against propefi other ptaod-
Art. 332. Persons exempt from criminal liability. (3) As regards the woman, she knows that the man is married,
Crimes involved in the exemption: Penalties:
(1) Theft; (1) The husband shall be punished by prisi1n mreccionalin its
(2)
Estafa; and minimum and medium periods,
(3)
Maliciousmischief. (2) The crylgblne shall suffer the penalry of destier?.
Persons exempted from criminal liabilitv:
CHAPTER TWO
. (1) 9pouse.nSg&l$ts and descendants, or relartives by affinity Rape and Acts of Lasciviousness
in the same line; fi 4 lst-
(2) WJdqW Art. 335. When and how rape is committed.
sgg.pse_ with respect to the propefi which NOTE: Article 335 has been repealed by R,A. No, BSS3 (Anti-Rare
'lged tO
belonged to the ddCeased-"soouse
spouse before
b-9&fg_Ihe.saqe paq _tdp
the qamo nnqco.l inrn the^.
rtro
Law of 1997)
@ (3) Protftr Art. 336. Acts of lasciviousness.
,,/"-i. i .(3) :ndlisters
Brothers and sisters and l,rotheRs:!!-law
\+ and sisters-in-law,
'
t." if ilirrinn
\."[,rlivi
ilji tog=effin.---
ivi n g }M\6FFZ';*..----..---**".**-'
(1)
TITLE ELEVEN (2)
Crimes Against Chastity
s!!gl-qsx;"
CHAPTER ONE It
Adultery and Conculainage J9 is done undei: any of- the__fqll,o_Wing -gircurnstanqes_:
(a) by using force or intimidation;
Art. 333. Who are Er.,lf u' ' '-r:rfr1*n/"
Y,
V (b) when the offended party is deprived or reason of
Elements: othervuise unconscious; on
(1) The wonnan is f-- (c) by means of fraudulent machination or grave abuse of
!?l has
lh"regarcls
*Iyal intermpfse ; ag$ority; or
(J) As the man wifh whom she has sexual intercourse. V @ when the offended party is under twelve (12) years of
Fe m.ust know her to be nrarriqg!" a[e or is demented.
Penalties: Pemlil: Prisldn coreccional,
(1) Prisldn onecionalin its medium and maximum periods,
 96

CHAPTER THREE (2) The acts are commltted upon a woman who is a virqin or
seduction, corruption of Minors, and white srave
Art. 337. eualified seduction.
Trade l-ngle or wiCew pf qggdleprlaticrn, under eighteen (tB) yeaffiF* ffiwP
bu-t-6Ver twelve (12) years, or a sister or descendant, regardless of
Acts pgnished and their resoective elements: her reputation or age; 'butfurao
(t) Sduction of yirgtn o*a_t*gyg-e2) years and gnuer (3) Offender accomplishes the acts by abuse of authority,
glghteen (18) years o!-aagd6y ceffiin@Eons, iuclt /8
as prr#i nce, tior rshjg- glqgge_it.
ffi
con fi d e re I a
a uth oity, priesl teachen "
(a) Offended party is a ylrgin, which is presumed if she is frW,;
Art. 340, Corruption of minors.
unmarried and of good reputatioJnJ- V
(b) she is o:yeriarelve_(12)
of age;
and udgejghleenJl8) years J corruption of
(c) Offender has sexual intercourse with her; (2 )
P u rpose is tg sa$try, *!I9_ l_q:I*oj q nqth e[.
(d)
There ir@ or retationship Penaltieq:
on the part of the offenderT*-" A
(I) Prisi6n mayon
rll F hy-ner 2) Ir the JUlprit_is_-apgblig._afficer-ffemptqyee, iacl u.dj ng"Jhp-*Q
(

W her age or reputatigd*%-q i n goveffi q.t-Jtyvned*grrontrnlled"*corp"oralnr-rs, he sha I a lso suffer I

(a) Offended parry need noibeiiirgin or she may be over t-h6B-ma g of te m po ra ry a bso u te d sq u a
I I i I i fi ca ti on.
eighteen (18) years ofage;
(b) Offender has sFxual intercourse with her.; Art. 341. White slave trade.
(c) offender is he?!rc[nE_9tE;ilde;rl bG;sa n, r] |rl|t Acts ounished:
yvhether legitimate gr ilte6"ffi
(t) Eryegingjn-the business of prostitution;
Pena-ltiei:
(2) Proflting
#
by plggllglign;
(1) Pisidn orrrccionalin its minimum and medium periods, (3) EnliStino the seruices of women for the purpose of -_-r--_*rn,!.l %

prestitutlsD,
(2) The.penalty next higher in degree shall be imposed-upon
any person who shall seduce his sister or descendant, whether or Penaltv: Prisidn mayorln its medium and maximum periods.
not
she be a virgin or over eighteen years of age. CHAPTER FOUR
Art 338. Abduction
Simple seduction. --"
? ...4,.".---"'^'^
Aft. 342.{Forcible abduction. )
Elements: -\.-***"F
Elements:
(1) offender party is over twerve (12) and under eighteen (rs)
years of age; Q , (1) The person.abducted is anv woman,
(]) Sne is of good reputation, singte or widow; {; ,'- lil.'{ civil status, or repltationl
(3) Offender has sexual intercouJie wjih her; a : The abduction is aqainst her will;
(4) It is committed by means ofJOFceit,/ . -(2\i3 i rhe-q"nffi-doil5fifi].eJragefi r.
Penalty: Ansto mayor. *,_,, rfo Pena.!W: Reclusldn temporal.
Art. 339. Acts of rasciviousness with the consent of the WN Art. 343. Consented abduction.

S'H?:ilpartv' (yu yrettniudntl

Elements;
(1) Offended party is a yirgin; 'Jwi
---fifOffendercommits "xrxuAL
acts of tasciyjgusne5sllls:lA,,dne55,
(2) She is oy-cu-huelvg(Ifand 18) years of ,
L - '(
,tnfiU'l'nJtu
# V l{ nt /,:' ',Lyith,
:! ; / fi, i I ,t,&frt/".1.'.! f,{tt n) ,i
A
It l)T ( ,t-F,l,trtp #i{'#
T
 98

(3) offender takes her away with her consent, after soricitation
/,/-t'
in ehaptersofwo, fhree and#our of this T!tle,l2 shall be punished as
or cajolery;
F-rrnOfte-rn #'
^ (ql The taking away is with tewd designs. or other persons in any other capacity enlrusleA
---fn"f;qchqts
Penalty: Prisidn co,eccionarin its minimuri ano medium periocls, with the ffin and guidance of youth, shall also suffer the
CHAPTER FIVE its maximum Period to
provisions Relative to the perpetua I special disqualifi cation;
preceding Chapters of TiHe Eleven
Art. 3M, prosecution rcf the crimes of adultery,
seduction,_ special disqualification from filling the office of
_ :on:t'hinag9r' abduction, rape and acts of
fr, lasciviouslr6ss.
h" /t. tasctviousrss. ,/,/ guardian.
t^f,Y;*hqt
Y .'"* hrI (l)
(1) ,{auftery. anri ,Ann",rhinrna m,,eF
Adulte* and.,/oncubinage Fra h,^^^^,,!^,
must be prosecured upon TITLE TWELVE
4lX1|:H.' colhpl_aint signed by the off*ended .dousel- Cl'n!9: igainst the ctyl {a.$s of Persons
q** prusecureo
^*^J11.^ must be
,i h uryn SpH$ :Sr]e_Q,-.Uy__llfe offended party, lrer Simulation of Bifths and Usurpation of Civil Status
n'rl;d, parents, grandparents or gua;A6nt-in
W ;; Art. 347. Simulation of bidhs, substitution of one child
for another, and concealment or abandonment of a
.,,,, tiabiritv or persons suirty or c'imes asainsr legitimate child.
ffi"fif;rlt$$eTfi. Acts punlshed:
ttt$"nnpxfu . (1) Persons guilty of rape, seduction or abduction, shail also be * (2)
ttl simulation of births;
lA*$F- sentenced to: Su.bstitution of orye child for another;
rrXF' (a) iAd-gnnify the offended woman; ig\ ,fincealing oraSandoning any legitimate child with intent to
lr'* Jb) @the offspring, unlgss the law should prevenr cause such child to lose its civil status'
frimfromffi':t -Penalues:
(c) (1) Prisidn mayor anda fine of not to exceed P1,000, for the
(2) rhe simulation substitution of one chitd for another and the
of births,
Articles 333
concealment or abandonment of any legitimate child with intent to
orina cause such child,t6lose its ciykstatu s, /
the e\ Anv.dhVsician ordfirgeon or-tfublic officer who, in violation
in the
Art. 346. Liability of ascendants, guardians, teachers, or of the'duil; rthe preceding
other persons entrusted with the aultody or ine offended execution of any of crimes mentioned in the h1rf next
party. paragraphs, shall suffer the penalties therein prescribed and also the
The guardi pena lty of tem porary special disq ua lification.
who,

rlflrc crimes relened to nrc (l) ncls ol tnsciuionsue.ss: (2). qnolified xducliou; (i) siuPle sduction;
(4) ncts ol lnsivioasrrcss rrrillt the airixtrt of lhc offende! Porry; (5) corntption ol ninors; (6) whi'lc
slmr ttnic; (7) lorcibb afutnction; aud (8) consented nbdnction'
lANWvtNb
,tNWVlNb 0f, MN06NlNp nfrN1 L#"lIliil/Trfr *ftlt,
0r. f{Uftrl00NlNa
r) ulyll lngql w,"v6llFfry
d,iilft?l'J |mq ff ilr#ftt$ CIn n*mNtilhls stdt/l qt;lf *rl{t,s;nru
fl' ftff $-ffi #,ffiw#*w'#fi #lT,%'&'*
 100
101

Art. 348. Usurpation of civil status.

Penalties:
Penalty: Aresto mayorand a fine not to exceed P500,
mayon shoutd g_persan..usgrp_lhe'dvrlsfalu_s_of An. 352. Performance of illegal marriage ceremony.
!t)
-Prisi6n Persons liable:
unotll.JqJ,S",P'Potq
9!: ;
\z) rnspn @reffitonet in its medium and maximum periods]ii Priests or miniEters of any religious denomination or sect, or civil
othen.rrise. a"rmffi.-
Pgffiffif*fmprisonment for not less than one (1) month nor more
CHAPTER TWO than two (2) years, or a fine not less than P200 nor more than
Illegal Marriages P2,000.
ArL 349. Bigamy.
Elements: TITLE THIRTEEN
Crimes Against Honor
CHAPTER ONE

Art. 353. Definition of libel.

Elements:
(1) There must be an imputation of a crime, or of a vice or ifnitrl/.fuln
defect, real or imaginary, or any act, olnission, condition, status, or t
Penalty: Prisi6n mayor, circumstance; UV t)^RE |,S [0 O ' WfrhAlU
^

Att. 350. Illegal marriage. (2) The impuYation must be made publicly; ilyvrnlf iyO*l
Elements: (3) It must be malicious; 'ii ;' '

(1) offpndercontracted marriaqe: (4) The imputation must be direeLe-d*)t a natural or iuridical l\J /pUa,64
(2) H{kneffaFih-effi*-' per!p!, or one who ls deaC; , . A il,^ .
(l )--tFa r*equirernents of th e a w we re r_e!,_eenplied-1ryi$ ;
'--Ci The imputation must rend to cause the dishonor, discredit
^
l$-l{}{JiltA
(b)
I

rhe mQrn?ee was in disres?tq_gklgg:ITctlg. or contempt of the person defamed. [, l,lij,

Penalties: Art. 354. Requirement for publicity.
(1) Pisidn aneaionalin its medium and maximum periodsl to be malicious,
(2) The .mEfh11"nn_-pS^flqfl of the penatty provided in the next
preceding paragraph, if either of the nq ll ts snown,wxqep[ In me rollowlno cases.
the consent of the other by means of vio ',,:;ll,!,?1 (a) A p-rivate communication made by any person to another in
.,rrr r,i if
;'trEI. FEmifnia maili;e;:- \.i
faith, without any
* otffiiEl-
i-'i ..
(1) (301)
,t,/jl @ not of
confidential nature, or of any
fil{ li before_having u\'-/ I statement, report or speech delivered in said proceedings, or of any
other act performed by publlc officers in the exercise of thelr
x woman who, her marriage havlng been annulled or
functlons.
t*.fi rf. -fZf-A
dlssolvert marrled before her dellvery or beforelhe expir;Bon-6'fifd
perlod of three hundred one (301) days after the date of the legal 'l-n\
; o separatlon,
r* p},qu*'
)(;
k
 702 103

(2) Printing; (2)Anesto menorot a fine not to exceed P200, if otherwise'

(3) U$ography;
(4) Engmving; Art. 359. Slander by deed.
(5) Radio; Fle$ents:
(1) O-ffender perfArrns,an g* not included in any other crime
(6) Photograph;
(7) Painting; against honor;
(2) Such act is performed in the grqfgn;g*91-9![g*Pgt*[ or
(B)
Theatrlcal exhibition;
(9)
Cinematographic exhibition; or
persons;
(3) diseredit or -c-ontempt upon the
(10) Any slmilar means. Such act
Penalty: Prtsidn conrccionalin its minimum and medium periods or SIen,gg PqP-'
PenalgeS:
a fine ranging from F200 to F6,000, or both, in addition to the civil
pafi,
action which may be brought by the offended
(l) Arresto mayorln its maximum period to prisidn coneoional
in its minimum period or a fine ranging from F200 to F1,000;
Aft. 356, Thrcatening to publish and offer to prevent (2) Aresto menQror a fine not to exceed P200, if said act is not
such publication for a compensation. of serious nature.
(1) . ,,/
t" t'/-
..1 Art. 360. Persoits resPonsible.
parents,
concernng vftm, orfits
Persons responsible f.:r hbel:
y/ ny'
(Z)
or other members of his farnily;
(1) Any person who shall fublish, /exhibit, or -cgu-sg*
the
of such libel for publiiaiion or exhibition of anyr defamation in writing orEy--ffiitr?
compensation or monev considera.tion,
means;
*-
Penalty: Arresto mayor or a fine ranging from F200 to F2,000, or
(2) The a book or pamphle$
(3) rhe
. nragazine*a.Ls q [eJ ^PjtpJcalion .

,2 |" ... ! (1) Offender is a rqporter, editor or manager of a newspaper, constitutes a crime
4:ly;fi daily or magazine;
I t (2) He publglp5-_fagts connected with the private life of
regardless of
pttblic officer;
offended

.jnr _anpther;
(2)'actWhen the offended pafi is a @glment employee/ even
&;j,1/d1{n,+3. (3) Such facts are offglrliv-e to__the-hsncr,..vregjnE-repqtgggn if tni or omission does not constitutdt-?rffiS*ffffitffi, it is
J,j.,. alsalclpe$!_on,_
related to the discharge of his official duties.
cl /0,
,1r,
Penaltv: Arresto mayor or a fine ranging from P200 to p2,000, or ,fui,!]:.fuas#"

both. Art. 362. Libelqus

Libelous remarks on matters
Art. 358. Slander. --k
It made wtfn mallce ln
Ityo. kinds,of oral defa rJrqtion :

(1) Simple slander; ----T CHAPTER TWO

Incriri'rinatory Machinatlons
(2) Grave slander, when it is of a perlous and insgl!nj_.[a!Ug,
Penaltiesl Aft. 363. Incrimlnating innocent persons.
(1) Prision mrrercionalin its minimum period if it is of a serious Ele.ment$:
and insulting nature; (1) Offender performs an ac!
 104 lu)

(2) By such an act,

.l_g_Igimjo"ur*s"_er_jmzutel_jg3ll*n'l"rgcent El.ements of simple irurudence:
PgIganJhe-com rnission.. 9-f ilffi;
(3) Such act does not constitute perjury, -!An* U, (1) There is lack.-g-f precautior on the part of the offender;
Penalty: Anestomffi fi;i;ffiWL izi Tlre oam6'66ifrFe 6-ib be cause is@ not immediate or the

Art. 364. Intriguing against honor.

tm
^. a,*
*!*1s' t danger is not clEE-'ffi?nifeisf:*'

Elements: ha l' --Jtl (1) Al

\r/ ly person
nnv
Any Pgl)ull who,
vyl1(J, uy -- would
bv lsLl\1tr)>
by reckless
reckless imprudence, Jlrclll
llllPlu(JsllLs, commit
shall Lvl any
llllrll olly
(1) offender djEseoUgles fly11!;jeUg; ln
act which, had it been intentional, constitute a grave felony,
Its pulgge to blemish the honor or reputation of a .fr,At penalty of aresto m.argr.i1 its maximum neqi.gd. t9
!?) FrlgJpgl
person. ,I nrh?ll.suffer
I ...
the
I r^ n^t i@hprisi6n @n&ionalln lb medium perlod; lf it would have constituted
P@W: Aresb nenoror fine not to exceed P2oo. ,.t')IYiu" tess grave fetony, the p enattf of aftsto nararln lb mlnimum and
TrrLE FoURTEEN Y lrlY)- ni'ef,lu-r. Wdods shall be lmposed; if it would ha\,,e constjtuted a light
qu"ui ori"i"l"-"' \]rtf,[, relonv, the penalt! ot affesb nenot in its maximum priod shall be
soLE CHAPTER UJA-^'t"//\htmwseoi
crimina,Ne;,i;;;ce t'rt'ttt
ffi *,f]"111,'.trf;[[lliir1d'$$i;JTfl!i,lil"ii,lflF"1i,ii;:llii
ArL 365. rmprudence and negligence. suffer the penalty of{ azeilig nawr in its medium and maxlmum
Actsounished; p"rroat; ii rf*uii t"ut conjtitutei a tess serious fetony, fie penalty
anv 3E+lj!ll_
.-- f) 9'$s
gS+H+EDlqrd, l!9tts!--EsEe$-4qiJdence.
would constitute a grave or less grave felont-
of anesb matD!.tniE mintmum period sha[ be imposed;
(3) Whe; U1e o(ecruon of the act covered by this article shall
or ngn( relony
have'only resuhed In damage !o the property of another, the
*tfifuffi,"*
-(2) Crmmittinq thro',"h simpl. imprudengeor nolioepte en ac offender;hallbe punished by iflne ranging frbm in amount equalto

imprudence or slmple lmprudence or negflgence. iljliil,:"j::'l"t*"4:lt*i*iritr'""'ousrusbutwhkh

jmposed
(4) A flne not e<ceeaing izoo and censure shall b
,,,","!.'-ffi$'.TfJ',L,ili:3i"v,'Tiiiir"l.*-
febiv:
"'J3'Hi$'""tiff- :ff1"#ffif[S";,t, jn:n:fm;t nl**dgfkgl
I'nl!|"|fl!
,,r, El+gSSlEry*S3
tIN -- -- --.
(1) ofiender dos orGus to do-a!39!-
" p"*r,y
"ed
thb;r[tcte sh;ll be imposec
hreher in deeree to those pror'ided ror in
-upon
the offendef who iatts to tend on
Mlt4ull!2i
ju
the ootngirorffifEiiiE-to dotha-t act is wtuntary; the spot to the Injured parties such hetp as may be in his hands to

uddffiffiffi
IhfIitC\3) It be wltboulma.li/cq-
J) IMJTT{/{3
lYn^ffi+,,t;t
,,w!fr oj*precaurior]fon ilre part of rhe
t^'ffv[ilA{Ij}i4isi ffi]e iqffid$ibdHirs. **-**--*"F A
sive

nl;TYffiSn nder tat<ing iritoGnsioeration:' #i

t"
ffi"*$i*
' HffiFtrfhfffiiBiil cona[!];__,
_,__ $
persons, time and place,
shvsicar
(c) other circumstances regarding :'
p
a+ff'5.,$)L.#;,Y'
106 ' 't07

APPENDIX *A" APPENDIX'B'

GRAVE FELONIES, LESS GRAVE FELONIES CLASSIFICATION OF PENALTIES
AND LIGHT FELONIES
The penalties which may be imposed, according to the Revised
Grave felonir are those to which the law attaches the capital Penal Code, and their different classes, are those included in the
punishment or penalties which in any of their periods are afflictive, in following:
accordance with Article 25 of the Revised penal Code.
SCALE
Le.ss gnve feloniesare those which the law punishes with penalties
PRINCIPAL PENALTIES
which in thelr maximum period are correctional, in accordance with the
above-mentloned a rticle. Capital punishment:
Lrlght felonles are those infractions of law for the commission of Death
which the penalty of aresto menoror a fine not exceeding 200 pesos or
Afflictive penalties:
both, is provid*"d.
Reclusion perpetua
Reclusion temPoral
Perpetual or temporary absolute disqualiflcation
Perpetual or temporary special disqualification
Prision mayor

Correctiona I penalties :
Prision coreccional
Aresto mayor
SusPension
Destierro
Light penalties:
Arresto menor
Public censure
Penalties ccmmon to the three preceding classes:
Fine, and
Bond to keep the peace.
ACEESSORY PENALTIES
Pe rpeLu; r .,':- i i :.'i] ute d isq ua ification,
tel;lp!.ra4' 1
I I

Perpetuai or i:ennporary special dlsquallfication,

Suspensron frorn puhlic office, the right to vote and be voted fon,
the profession or calling.
Civil interdictlon,
IndemnificaUon,
Forfeiture or confiscatlon of instruments and proceeds of the
offense, ni

Payment of costs.
108

APPENDIX *C"
DURATION OF PENALTIES

Rrclusion perpetua.
- The penalty of reclusion perpetua shall lle
from twenty years and one day to forty years.
Rslusion temporal. - The penalty of reclusion temporalshall be
from twelve years and one day to twenty years.
Prision mayor and temporary disqualification
- The duration of the
penalties of prision mayor and temporary disqualiflcation shall be from
six years and one day to twelve years, except when the penalty of
disqualiflcation is imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Pnsion mreccional, suspension, and destierro. - The duration of
the penaltles of prision coreccional, suspension and destiero 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.
Arresto mayor, - The duration of the penalty or arresto mayorshall
be from one month and one day to six months.
Arresto menor, - The duration of the penalty of aresto menor
shall be from one day to thifi days.
Eond to keep the peace. - The bond to keep the peace shall be
required to cover such period of time as the couft may determine, (,4s
amended by Section 21, Republic Act No, 7659,)