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Criminal law RPC (Book 1)

Criminal Law 1
Revised Penal Code Book I
Criminal Law - a branch of municipal law which defines crimes,treats of their
nature and provides for their punishment.
Characteristics of Criminal Law
1. Generality
2. Territorial
3. Prospective
General - binding on all persons who reside or soourn in the Philippines.
!"ceptions#
1. Treaty stipulation
2. $aws of preferential application
3. Principles of Public international law.
!"amples# a. %overeigns and other head of state.
b. &mbassador,minister plenipotentiary,minister resident and charges
d' affaires.
(ut consuls,vice-consuls and other foreign commercial representatives can
not claim the privileges and immunities accorded to ambassadors and
ministers
Territorial - penal laws of the Philippines are enforceable only within its territory.
!"ceptions# &rticle 2 of the )P* - binding even on crimes committed outside of the
Philippines.
1. +ffenses committed while on Philippine ship or airship.
2. ,orging or counterfeiting any coin or currency note of the Philippines or the
obligations and securities issued by
the government.
3. -ntroduction into the country of the above mentioned obligations and securities.
.. /hile being public officers and employees,an offense is committed in the
e"ercise of their functions.
0. *rimes against national security and the law of the nations defined in title - of
(oo1 --.
Prospective - the law does not have retroactive effect.
!"ceptions# /hen the law is favorable to the accused.
!"ception to the e"ception#
1. The new law is e"pressly made inapplicable to pending actions or e"isting
causes of action
2. +ffender is a habitual criminal.
Theories of Criminal Law
1. *lassical Theory - basis is man's free will to choose between good and evil,that
is why more stress is placed upon
the result of the felonious act than upon the criminal himself.The purpose of
penalty is retribution.The )P* is
generally governed by this theory.
2. Positivist Theory - basis is the sum of social and economic phenomena which
conditions man to do wrong in spite
of or contrary to his volition.This is e"emplified in the provisions on impossible
crimes and habitual delin2uency.
3. 3i"ed theory - combination of the classical and positivist theories wherein
crimes that are economic and social in
nature should be dealt in a positive manner.The law is thus more compassionate.
Construction of Penal Laws
1. $iberally construed in favor of offender
!"ample# a. The offender must clearly fall within the terms of the law.
b. &n act is criminal only when made so by the statute
2. -n cases of conflict with official translation,original %panish te"t is controlling.
3. 4o interpretation by analogy.
Limitations on power of congress to enact penal laws
1. !" post facto law
2. (ill of attainder
3. $aw that violates the e2ual protection clause of the constitution.
.. $aw which imposes cruel and unusual punishment nor e"cessive fines.
Art 1 Time !hen Act Takes effect - )P* too1 effect ,eb. 1,1532.
Art " Application of its provisions
)ules#
1. Philippine vessel or airship - Philippine laws shall apply to offenses committed
in vessels registered with the
Philippine (ureau of *ustoms.-t is the registration not citi6enship of the owner
which matters.
2. ,oreign vessel
a. ,rench rule - General )ule - *rimes committed aboard a foreign vessel within
the territorial waters of a country
are not triable in the courts of such country.
!"ception# *ommission affects the peace and security of the territory or the
safety of the state is endangered
b. !nglish )ule - General )ule - *rimes committed aboard a foreign vessel
within the territorial waters of a
country are triable in the courts of such country.
!"ceptions# /hen the crime merely affects things within the vessel or it refers
to the internal management
thereof.This is applicable in the Philippines.
Title 1
#elonies and Circumstances which Affect Criminal Lia$ilit%
Chapter &ne'#elonies
Art ( )efinitions
#elonies - &cts and omissions punishable by the )P*.
Crime - &cts and omissions punishable by any law.
Act - &n overt or e"ternal act.
&mission - ,ailure to perform a duty re2uired by law.
*lements'#elonies
1. There must be an act or omission
2. This must be punishable by the )P*
3. &ct or omission was done by means of dolo or culpa
+ullum Crimen,+ulla Poena -ine Lege - There is no crime when there is no law
punishing it.
Classification of #elonies According to the means $% which the% are
committed'
1. -ntentional felonies - by means of deceit 7dolo8
)e2uisites#
a. ,reedom
b. -ntelligence
c. -ntent
3ista1e of fact - misapprehension of fact on the part of the person who caused
inury to another.9e is not
criminally liable.
)e2uisites#
a. The act done would have been lawful had the facts been as the accused believe
them to be
b. -ntention is lawful.
c. 3ista1e must be without fault or carelessness by the accused.
2. *ulpable felonies - by means of fault 7culpa8.
)e2uisites#
a. ,reedom
b. -ntelligence
c. 4egligence 7lac1 of foresight8 and imprudence 7lac1 of s1ill8.
.ala In -e .ala Prohi$ita
1. 3oral trait of offender
2. Good faith as a defense
3. :egree of accomplishment of
the crime
.. 3itigating and aggravating
circumstance
0. :egree of participation
;. $aws violated
*onsidered
<alid defense unless the crime is the
result of culpa.
Ta1en into account
Ta1en into account in imposing
penalty
/hen there is more than one offender,it
is ta1en into consideration
General rule# )P*
4ot considered
4ot a defense.-ntent not necessary.%ufficient
that the offender has the intent to perpetrate
the act prohibited by the special law.
Ta1en into account only when consummated.
Generally not ta1en into account.
Generally not ta1en into account.
General rule# %pecial penal laws
Intent
1. Purpose to use a particular means to effect a result
2. !lement of crime e"cept in crimes committed with
culpa.
3. !ssential in intentional felonies.
.otive
1. 3oving power which impels one to act.
2. 4ot an element.
3. !ssential only when the identity of the felon is in
doubt.
Art. 4 Criminal Liability
Paragraph 1 - Criminal liability for a felony committed different from that intended to be
committed.
Requisites:
1. Felony has been committed intentionally.
2. Injury or damage done to the other party is the direct,natural and logical consequences of the
felony.
Hence,since he is still motiated by criminal intent,the offender is criminally liable in:
a. !rror in personae " mista#e in identity
b. $bberatio ictus " mista#e in blo%
c. &raetor intentionem " lac# of intent to commit so grae a %rong.
&ro'imate cause " the cause,%hich in the natural and continuous sequence unbro#en by any efficient
interening cause produces the injury %ithout %hich the result %ould not hae occurred.
Paragraph 2 - Impossible crime
Requisites(
1. $ct %ould hae been an offense against persons or property.
2. )here %as a criminal intent.
*. $ccomplishment is inherently impossible or inadequate or ineffectual means are employed.
+. $ct is not an actual iolation of another proision of the R&, or of special la%.
Impossible crime occurs when there is
1. Inherent impossibility to commit the crime
2. Inadequate means to consummate the crime.
*. Ineffectual means to consummate the crime.
Art. !uty of the court in connection with acts which should be repressed but which are
not
co"ered by the law and in cases of e#cessi"e penalties.
$rticle - coers t%o situations:
1. )he court cannot conict the accused because the acts do not constitute a crime.
a. )he proper judgment is acquittal.
b. )he court is mandated to report to the ,hief !'ecutie that said act be made subject of penal
legislation and
%hy.
2. .here the court finds the penalty prescribed for the crime too harsh considering the conditions
surrounding the
commission of the crime,
a. the judge should impose the la%.
b. )he most that he could do is recommend to the ,hief !'ecutie to grant e'ecutie clemency.
Art. $ Consummated%&rustrated% and Attempted &elonies
/tages of !'ecution
1. ,onsummated " %hen ll the elements necessary for its e'ecution and accomplishment are present.
2. frustrated " !lements
a. 0ffender performs all the acts of e'ecution.
b. $ll these acts %ould produce the felony as a consequence.
c. 1ut the felony is not produced.
d. 1y reason of causes independent of the %ill of the perpetrator.
*. $ttempted " !lements
a. 0ffender commences the felony directly by oert acts.
b. 2oes not perform all acts %hich %ould produce the felony.
,. His acts are not stopped by is o%n spontaneous desistance.
&ttempted
1. +vert acts of e"ecution are
started.
2. 4ot all acts of e"ecution are
present
3. :ue to reasons other than the
spontaneous desistance of the
perpetrator.
,rustrated
1. &ll acts of e"ecution are
present.
2. *rime sought to be committed
is not achieved
3. :ue to intervening causes
independent of the will of the
perpetrator.
*onsummated
1. all acts of e"ecution are
present.
2. The result sought is achieved.
Crimes which do not admit of frustrated and attempted stages.
1. 0ffenses punishable by special penal la%s unless the la% proides other%ise.
2. Formal crimes " consummated in one instance e'ample.slander,adultery etc.
*. Impossible crimes
+. ,rimes consummated by mere attempt e'amples.attempt to flee to an enemy country,treason,etc.
-. felonies by omission
3. ,rimes committed by mere agreement e'ample.corruption of public officers,betting in sports such
as 4ending5
Crimes which do not admit of frustrated stage
1.Rape
2. 1ribery
*. ,orruption of public officers
+. $dultery
-. &hysical injury
2 'tages in the !e"elopment of a Crime
1. Internal acts " e'. mere ideas of the mind " not punishable.
2. e'ternal acts "
a. &reparatory acts " ordinarily not punishable e'cept %hen considered by la% as independent
crimes. e'.
possession of pic#loc#s and similar tools.
b. $cts of e'ecution " punishable under the R&,.
Art. ( )hen Light &elonies are Punishable
6eneral rule: &unishable only %hen they hae been consummated.
!'ception : !en if not consummated if committed against persons or property.
!'amples: slight physical injuries,theft,malicious mischief,intriguing against honor,alteration of
boundary mar#s.
7ote: 0nly principals and accomplices are liable,accessories are not liable een if committed against
persons or property.
Art. * Conspiracy and Proposal to Commit &elony
,onspiracy " Requisites
1. )%o or more persons come to an agreement
2. For the commission of a felony
*. )hey decide to commit it
Concepts of conspiracy
1. $s a crime itself " e'. conspiracy to commit rebellion,insurrection,treason,sedition,coup d4 etat
2. 8erely as means to commit a crime " Requisites
a. $ prior and e'press agreement
b. &articipants acted in concert or simultaneously,%hich is indicatie of a meeting of the minds
to%ards a common
criminal objectie.
7ote: ,onspiracy to commit a felony is different from conspiracy as a manner of incurring criminal
liability.
6eneral rule: ,onspiracy to commit a felony is not punishable since it is merely a preparatory act.
!'ception: .hen the la% specifically proides for a
penalty.!'ample,rebellion,insurrection,sedition,coup d4 etat.
6eneral rule: )he act of one is the act of all.
!'ception: 9nless one or some of the conspirators committed some other crime %hich is not part of
the intended crime.
!'ception to the e'ception: .hen the act constitutes an indiisible offense.
+"ert Acts In Conspiracy ,ust Consists +f-
1. $ctie participation in the actual commission of the crime itself or
2. 8oral assistance to his co"conspirators by being present at the time of the commission of the
crime or
*. !'erting a moral ascendance oer the other co"conspirators by moing them to e'ecute or
implement the
criminal plan.
Proposal to commit a felony
Requisites:
1. $ person has decided to commit a felony and
2. &roposes its e'ecution to some other person:persons
1. !lements
2. *rimes
*onspiracy
&greement to commit and commission
*onspiracy to commit
sedition,treason,rebellion,coup d' etat
Proposal
Person decides to commit a crime and
proposes the same to another
Proposal to commit treason,rebellion,coup
d' etat
no proposal to commit sedition
Art. . /ra"e &elonies%Less /ra"e &elonies%and Light &elonies
Importance of ,lassification
1. )o determine %hether the felonies can be comple'ed or not.
2. )o determine the prescription of the crime and of the penalty.
&enalties ;Imprisonment<
1. 6rae Felonies " afflictie penalties: 3 years and 1 day to reclusion perpetua ;life<.
2. =ess 6rae Felonies " correctional penalties: 1 month and one day to 3 years.
*. =ight Felonies " $rresto 8enor ;1 day to *> days<.
Art. 10 +ffenses not sub1ect to the pro"isions of this code.
6eneral rule: R&, proisions are supplementary to special la%s.
!'ceptions:
1. .hen special la% proides other%ise.
2..hen proisions of R&, are impossible of application,either by e'press proision or by necessary
implication.
1. Terms
2. &ttempted or frustrated stages
3. Plea of guilty as mitigating
circumstance
.. 3inimum,medium,and
ma"imum periods
0. Penalty for accessory or
accomplice
%pecial $aws
-mprisonment
General rule# not punishable
!"ception# unless otherwise stated
4o
4ot applicable
General rule# none
!"ception# unless otherwise stated
)P*
Prision correctional.prision mayor,arresto
mayor etc.
Punishable
=es
=es
=es
Pro"isions of 2PC applicable to special laws
$rt. 13 &articipation of accomplices
$rt. 22 Retroactiity of penal la%s if faorable to the accused.
$rt. +- ,onfiscation of instruments used in the
crime.
7ote: .hen the special la% adopts the penalties imposed in the R&,,e'.penalties as reclusion
perpetua etc.)he proisions of the R&, on imposition of penalties based on stages of
e'ecution,degree of participation and attendance of mitigating and aggraating circumstances may
be applied by necessary implication.
Art. 11 3ustifying circumstances - where the act of a person is in accordance with law such
that said person is deemed not to ha"e "iolated the law.
6eneral rule: no criminal and ciil liability incurred.
!'ception: there is ciil liability %ith respect to paragraph + %here the liability is born by persons
benefited by the act.
Paragraph 1 'elf defense
!lements:
1. 9nla%ful $ggression
indispensable requirement
there must be actual physical assault or aggression or an immediate and imminent
thereat,%hich must be offensie and positiely strong.
the defense must hae been made during the e'istence of aggression,other%ise,it is no longer
justifying.
%hile generally an agreement to fight does not constitute unla%ful aggression,iolation of the
terms of the agreement to fight is considered an e'ception.
2. Reasonable necessity of the means employed to preent or repel it.
)est of reasonableness depends on:
1< %eapon used by the aggressor
2< physical condition,character,si?e,and circumstances of persons defending himself
+< place and occasion of assault
*. =ac# of sufficient proocation on the part of the person defending himself.
7ote: &erfect equality bet%een the %eapons used,nor material commensurability bet%een the
means of attac#
and defense by the one defending himself and that of the aggressor is not required.
Reason: the person assaulted does not hae sufficient opportunity or time to thin# and calculate.
Rights included in self defense
1< defense of person
2< defense of rights protected by la%
*< defense of property ;only if there is also an actual and imminent danger on the person of the
one defending.
+< defense of chastity

@inds of self defense
1< /elf defense of chastity " there must be an attempt to rape the ictim.
2< 2efense of property " must be coupled %ith an attac# on the person of the o%ner or on one
entrusted %ith
the care of such property.
In &eople s. 7arae? " $ttac# on property alone %as deemed sufficient to comply %ith the
element of
unla%ful aggression.
*< /elf defense in =ibel " justified %hen the libel is aimed at a person4s good name.
/tand 6round .hen In )he Right " the la% does not require a person to retreat %hen his assailant
is rapidly
adancing upon him %ith a deadly %eapon.
7ote: 9nder R$ A232 ;$nti Biolence $gainst .omen and their ,hildren $ct of 2>>+< " ictim"
suriors %ho are
found by the courts to be suffering from 1./ ;1attered .oman /yndrome< do not incur any
criminal or ciil
liability despite absence of the necessary elements for the justifying circumstance of self defense
in the R&,.
1./ is a scientifically defined pattern of psychological and behaioral symptoms found in %omen
liing in
battering relationships as a result of cumulatie abuse.
Paragraph 2 !efense of relati"es
!lements:
1. 9nla%ful aggression ;indispensable requirement<
2. Reasonable necessity of the means employed to preent or repel it
*. In case the proocation %as gien by the person attac#ed,the one ma#ing the defense had no part
in such
proocation.
Relatie !ntitled to the 2efense
1. /pouse
2. $scendants
*. 2escendants
+. =egitimate,natural or adopted brothers and sisters,relaties by affinity in the same degree.
-. Relaties by consanguinity %ithin the +th ciil degree.
7ote: )he relatie defended may be the original aggressor.$ll that is required to justify the act of
the relatie
defending is that he ta#es no part in such proocation.
Paragraph 4 !efense of 'tranger
!lements:
1. 9nla%ful aggression ;indispensable requirement<
2. Reasonable necessity of the means employed to preent or repel it.
*. &erson defending be not induced by reenge,resentment,or other eil motie.
Paragraph 4 'tate of 5ecessity 6a"oidance of greater e"il or in1ury7
!lements:
1. !il sought aoided actually e'ists.
2. Injury feared be greater that that done to aoid it.
*. 7o other practical and less harmful means of preenting it.

7ote: )he necessity must not be due to the negligence or iolation of any la% by the actor.
Paragraph &ulfillment of duty or lawful e#ercise of a right or office.
!lements:
1. $ccused in the performance of duty or in the la%ful e'ercise of a right or office.
2. )he injury caused or offense committed be the necessary consequence of the due performance of
the duty or
the la%ful e'ercise of such right or office.
7ote: )he accused must proe that he %as duly appointed to the position claimed he %as discharging
at the time
of the commission of the offense.It must also be sho%n that the offense committed %as the
necessary
consequence of such fulfillment of duty or la%ful e'ercise of a right or office.
Paragraph $ +bedience to an order issued by a superior officer
!lements:
1. an order has been issued
2. 0rder has a la%ful purpose ;not patently illegal<
*. 8eans used by subordinate to carry out said order is la%ful
7ote: )he superior officer giing the order can not ino#e this justifying circumstance.6ood faith is
material as the subordinate is not liable for carrying out an illegal order if he is not a%are of its
illegality and he is not negligent.
6eneral Rule: /ubordinate can not ino#e this circumstance %hen order is patently illegal.
!'ception: .hen there is compulsion of an irresistible force or under impulse of uncontrollable fear.
Art. 12 Circumstances which e#empt from criminal liability
!'empting circumstances " grounds for e'emption from punishment because there is %anting in the
agent of the crime any of the conditions %hich ma#e the act oluntary or negligent.
1asis: )he e'emption from punishment is based on the complete absence of negligence,freedom of
action,or intent or on the absence of negligence on the part of the accused.
1urden of proof " $ny of the circumstances is a matter of defense and must be proed by the
defendant to the satisfaction of the court.
1. /ho>/hat is affected
2. 4ature of act
3. !"istence of a crime
.. $iability
?ustifying
&ct
&ct is considered legal
4one
4o criminal and civil liability but there is
civil liability as to &rt.117.87%tate of
4ecessity8
!"empting
&ctor
&ct is wrongful but actor not liable
=es,but since voluntariness is absent,the
actor is not liable
4o *riminal liability but there is civil
liability e"cept as to &rt.127.87-nury by
mere accident8 and 7@8 7lawful cause8
Paragraph 1 Imbecility or Insanity
Imbecile " one %hile adance in age has a mental deelopment comparable to that of children
bet%een 2 and C years old.He is e'empt in all case from criminal liability.
Insane " one %ho acts %ith complete depriation of intelligence:reason or %ithout the least
discernment or %ith total depriation of freedom of %ill.8ere abnormality of the mental faculties %ill
not e'clude imputability.
6eneral Rule: !'empt from criminal liability
!'ception: )he act %as done during the lucid interal.
7ote: 2efense must proe that the accused %as insane at the time of the commission of the crime
because the
presumption is al%ays in faor of sanity.
Paragraph 2 8nder . years of age
Requisites: 0ffender is under A years of age at the time of the commission of the crime.)here is
absolute criminal irresponsibility in the case of a minor under A years of age.
7ote: 9nder R$ A*++ or the Duenile Dustice and .elfare $ct,a minor 1- years old and belo% is
e'empt from criminal liability.
Paragraph 4 Person o"er . and under 1 acting without discernment
7ote: /uch minor must hae acted %ithout discernment to be e'empt.If %ith discernment,he is
criminally liable.
&resumption " the minor committed the crime %ithout discernment.
2iscernment " mental capacity to fully appreciate the consequences of the unla%ful act %hich is
sho%n by the
1. manner the crime %as committed.
2. conduct of the offender after its commission.
7ote: under R$ A*++,a minor oer 1- but belo% 1E %ho acted %ithout discernment is e'empt from
criminal liability.
Paragraph 4 Accident without fault or intention of causing it.
!lements:
1. $ person is performing a la%ful act.
2. %ith due care
*. He causes injury to another by mere accident
+. %ithout fault or intention of causing it.
Paragraph Irresistible &orce " 0ffender uses iolence or physical force to compel another
person to commit a crime.
!lements:
1. )he compulsion is by means of physical force.
2. )he physical force must be irresistible.
*. )he physical force must come from a *rd person.
7ote: Force must be irresistible so as to reduce the indiidual to a mere instrument.
Paragraph $ 8ncontrollable &ear " 0ffender employs intimidation or threat in compelling another
to commit a
crime.
!lements:
1. )he threat %hich causes the fear is of an eil greater than or at least equal to that %hich he is
required to
commit.
2. It promises an eil of such graity and imminence that an ordinary man %ould hae succumbed
to it.

7ote: 2uress to be alid defense should be based on real imminent or reasonable fear for one4s
life or limb.It
should not be inspired by speculatie,fanciful or remote fear.$ threat of future injury is not
enough.

2uress " use of iolence or physical force.
$ctus me inito factus non est meus actus " $ny act done by me against my %ill is not my act.
Paragraph ( Insuperable Cause " some motie,%hich has la%fully,morally,or physically preented
a person to
do %hat the la% command.
!lements:
1. $n act is required by la% to be done.
2. $ person fails to perform such act.
*. His failure to perform such act %as due to some la%ful or insuperable cause.
!'ample: a. $ priest cant be compelled to reeal %hat %as confessed to him.
b. 7o aailable transportation " officer not liable for arbitrary detention.
c. 8other %ho %as oercome by seere di??iness and e'treme debility,leaing child to
die " not liable
for infanticide.
Absolutory causes " %here the act committed is a crime but for some reason of public policy and
sentiment,there is no penalty imposed.!'empting and justifying circumstances are absolutory
causes.!'amples of such other circumstances are:
1. /pontaneous desistance
2. $ccessories e'empt from criminal liability
*. 2eath or physical injuries inflicted under e'ceptional circumstances
+. &erson e'empt from criminal liability from theft,s%indling,malicious mischief
-. Instigation
7ote: !ntrapment is not an absolutory cause.$ buy"bust operation conducted in connection %ith
illegal drug"related
offenses is a form of entrapment.
9ntrapment
Instigation
1. )he %ays ans means are resorted to for the purpose 1. Instigator practically induces the
%ould be accused
of trapping and capturing the la%brea#er in the into the commission of the
offense and himself
e'ecution of his criminal plan. becomes a co"principal.
2. 7ot a bar to accused prosecution and coniction 2. $ccused %ill be acquitted
*. 7ot an absolutory cause *. $bsolutory cause
Chapter 4
Circumstances which ,itigate criminal Liability
Pri"ileged ,itigating +rdinary
,itigating
1.0ffset by any aggraating can not be offset can be offset by a
generic
circumstance aggraating
circumstance
2. !ffect on penalty effect of imposing the penalty by 1 or if not offset, has the
effect of
2 degrees lo%er than that proided imposing the
minimum period of the
by la% penalty
*. @inds ;sources< minority,incomplete self defense, 2 or those
circumstances enumerated in
more mitigating circumstance %ithout in paragraph 1
to 1> of art. 1*
any aggraating circumstance ;has the
effect of lo%ering the penalty by one
degree
Age Criminal 2esponsibility:9ffect
1- years old absolute irresponsibility,e'empting circumstance
1- and 1E years old conditional responsibility
%ithout discernment " not criminally liable
%ith discernment " criminally liable
minor delinquent sentence is suspended
1E and C> years old full responsibility
F C> years old mitigated responsibility,no imposition of death
penalty,e'ecution of death
sentence may be suspended and commuted.

Art. 14. ,itigating circumstances " those %hich if present in the commission of the crime reduces
the penalty
of the crime but does not erase criminal liability nor change the nature of the crime.
7ote: $ mitigating circumstance arising from a single fact absorbs all the other mitigating
circumstances arising from that same fact.
Paragraph 1 Incomplete 3ustifying or 9#empting Circumstances
7ote: )his applies %hen not all the requisites are present.If 2 requisites are present,it is considered a
priilege
mitigating circumstance.Ho%eer,in reference to $rt.11;+< if any of the last 2 requisites is
absent,there is
only an ordinary mitigating circumstance.Remember though,that in self"defense,defense of
relatie or
stranger,unla%ful aggression must al%ays be present as it is an indispensable requirement.
Paragraph 2 8nder 1* or o"er (0 years old
7ote: $ge of accused is determined by his age at the date of commission of crime,not date of trial.
Paragraph 4 5o intention to commit so gra"e a wrong
7ote: ,an be used only %hen the proen facts sho% that there is a notable and eident
disproportion bet%een the
means employed to e'ecute the criminal act and its consequences.
Factors that can be considered are:
1. %eapons used
2. injury inflicted
*. part of the body injured
+. mindset of offender at the time of commission of crime.
" this proision addresses the intention of the offender at the particular moment %hen the offender
e'ecutes or
commits the criminal act,not to his intention during the planning stage.
7ote: In crimes against persons " if ictim does not die,the absence of the intent to #ill reduces
the felony to mere
physical injuries.It is not considered as mitigating.It is mitigating only %hen the ictim dies.
7ote: It is not applicable to felonies by negligence because in felonies through negligence,the
offender acts
%ithout intent.)he intent in intentional felonies is replaced by negligence or
imprudence.)here is no intent
on the part of the offender %hich may be considered as diminished.

Paragraph 4 Pro"ocation or threat " any unjust or improper conduct or act of the offended
party,capable of e'citing,inciting,or irritating anyone.
Requisites:
1. &roocation must be sufficient.
2. It must originate from the offended party.
*. 8ust be immediate to the commission of the crime by the person %ho is proo#ed.
7ote: )hreat should not be offensie and positiely strong other%ise it %ould be an unla%ful
aggression %hich
may gie rise to self"defense and thus no longer a mitigating circumstance.
Pro"ocation ;indication
1. 8ade directly only to the person committing 1. 6rae offense maybe also against the
offenders
the felony. relaties mentioned by la%.
2. ,ause that brought about the proocation.7eed 2. 0ffended party must hae done a grae
offense to
not be a grae offense. the offender or his relaties.
*. 7ecessary that proocation or threat immediately *. 8ay be pro'imate.)ime interal
allo%ed.
preceded the act.7o time interal.
Paragraph ;indication of gra"e offense
Requisites:
1. $ grae offense done to the one committing the felony,his
spouse,ascendants,descendants,legitimate,
natural,or adopted brothers or sisters or relaties by affinity %ithin the same degrees.
2. )he felony is committed in immediate indication of such grae offense.
7ote: 5Immediate5 allo%s for a lapse of time as long as the offender is still suffering from the
mental agony
brought about by the offense to him.;&ro'imate time,not just immediately after<
Paragraph $ Passion or +bfuscation
Requisites:
1. 0ffender acted upon an impulse
2. )he impulse must be so po%erful that it naturally produced passion or obfuscation in him.
7ote: $ct must hae been committed not in the spirit of la%lessness or reenge(act must come
from la%ful
sentiments.

Acts which ga"e rise to passion and obfuscation
1. )hat there be an act,both unla%ful and unjust
2. )he act be sufficient to produce a condition of mind
*. )hat the act %as pro'imate to the criminal act not admitting of time during %hich the
perpetrator might
recoer his normal equanimity.
+. )he ictim must be the one %ho caused the passion or obfuscation.
7ote: &assion and obfuscation can not co"e'ist %ith treachery since this means that the
offender had time to
ponder his cause of action.
Passion and +bfuscation Irresistible &orce
1. 8itigating 1. !'empting
2. 7o physical force needed 2. Requires physical force
*. From the offender himself *. 8ust come from a third person
+. 8ust come from la%ful sentiments +. 9nla%ful
Passion and +bfuscation Pro"ocation
1. &roduced by an impulse %hich may be caused 1. ,omes from injured party
by proocation 2. Immediately precede the
commission of the crime
2. 0ffense %hich engenders perturbation of mind
need not be immediate,it is only required that the
influence thereof lasts until the crime is committed
*. !ffect is loss of reason and self"control on the *. /ame
part of the offender
Paragraph ( 'urrender and Confession of guilt
Requisites: Boluntary /urrender
1. 0ffender not actually arrested
2. 0ffender surrendered to persons in authority
*. /urrender %as oluntary

Requisites: Boluntary &lea of 6uilt
1. 0ffender spontaneously confessed his guilt
2. ,onfession %as made in open court,that is,before the competent court that is to try the case
*. ,onfession of guilt %as made prior to the presentation of the eidence for the prosecution
.hen surrender oluntary " must be spontaneous,sho%ing the intent of the accused to submit
himself
unconditionally to the authorities,either because
1. He ac#no%ledges his guilt or4
2. He %ishes to sae them the trouble and e'pense necessarily incurred in his search and capture
7ote: If both are present,considered as t%o independent mitigating circumstances.Further
mitigates penalty.

7otes:
< &lea made after arraignment and after trial has begun does not entitle accused to the mitigating
circumstance.
< If accused pleaded not guilty,een if during arraignment he is entitled to mitigating circumstance
as long as he
%ithdra%s his plea of not guilty to the charge before the fiscal could present his eidence .
< &lea to a lesser charge is not a mitigating circumstance because to be such,the plea of guilt
must be to the
offense charged.
< &lea to the offense charge in the amended information,lesser than that charged in the original
information is
mitigating circumstance.
Paragraph * Physical defect of offender " )he offender is deaf and dumb,blind or other%ise
suffering from some physical defect restricting his means of action,defense,or communication %ith
others.
7ote: )he physical defect must relate to the offense committed.
Paragraph . Illness of the offender
Requisites:
1. )he illness of the offender must diminish the e'ercise of his %ill po%er.
2. /uch illness should not deprie the offender of consciousness of his acts.
Paragraph 10 'imilar and Analogous Circumstances
!'ample:
1. 2efendant %ho is 3> years old %ith failing eyesight is similar to a case of one oer C> years old.
2. 0utraged feeling of o%ner of animal ta#en for ransom is analogous to indication of grae
offense.
*. )he impulse of jealous feeling similar to passion and obfuscation.
+. Boluntary restitution of property similar to oluntary surrender.
-. !'treme poerty,similar to incomplete justification based on state of necessity.
Chapter &our
CI2C8,'=A5C9 )>IC> A//2A;A=9 C2I,I5AL LIA?ILI=@
Aggra"ating circumstances " those %hich if attendant in the commission of the crime sere to
hae the penalty imposed in its ma'imum period proided by la% for the offense or those that
change the nature of the crime.
1asis " )he greater perersity of the offender manifested in the commission of the felony as sho%n
by:
1. )he motiating po%er itself
2. )he place of the commission
*. )he means and %ays employed
+. )he time
-. )he personal circumstances of the offender or the offended party
Ainds of aggra"ating circumstances
1. 6eneric " those %hich apply to all crime
2. /pecific " those %hich apply only to specific crimes
*. Gualifying " those that change the nature of the crime
+. Inherent " %hich of necessity accompany the commission of the crime,therefore not considered in
increasing the
penalty to be imposed.
-. /pecial " those %hich arise under special conditions to increase the penalty of the offense and can
not be offset
by mitigating circumstances.
/eneric Aggra"ating Circumstances Bualifying Aggra"ating
circumstances
1. !ffect " %hen not set off by any mitigating 1. !ffect " gies the crime its proper
and e'clusie
circumstance increases the penalty %hich should be name and places the author of the
crime in such a
imposed upon the accused to the ma'imum period situation as to desere no other
penalty than that
but %ithout e'ceeding the limit prescribed by la%. specially prescribe by la% for said
crimes.
2. If not alleged in the information,a qualifying 2. )o be considered as such,must be
allege in the
circumstance %ill be considered generic. information.
*. 8ay be offset by a mitigating circumstance *. ,an not be offset by a mitigating
circumstance.
2ules on Aggra"ating Circumstances
1. $ggraating circumstances shall not be appreciated if
a. )hey constitute a crime specially punishable by la% or
b. It is included by la% in defining a crime %ith a penalty prescribed and therefore shall not be
ta#en into account
for the purpose of increasing the penalty.
!'ample: 5that the crime be committed by means of fire,e'plosion ;$rt.1+ par.12< is in itself a
crime of arson or
a crime inoling destruction.It is not to be considered to increase the penalty for
the crime of arson
or for the crime inoling destruction.
2. )he same rule shall apply %ith respect to any aggraating circumstance inherent in the crime for
such a degree
that it must of necessity accompany the commission thereof.$rt.32 par.2<
*. $ggraating circumstances %hich arise
a. From the moral attributes of the offender
b. From his priate relations %ith the offender party
c. From any personal cause
" shall only sere to aggraate the liability of the principals,accomplices and accessories as to
%hom such
circumstances are attendant.;$rt 32. par.*<
+. )he circumstances %hich consist
a. In the material e'ecution of the act or
b. In the means employed to accomplish it
" shall sere to aggraate the liability of only those persons %ho had #no%ledge of them at the
time of the
e'ecution of the act or their cooperation therein.!'cept %hen there is proof of conspiracy in
%hich case the
act of one is deemed to be the act of all regardless of lac# of #no%ledge of the facts
constituting the
circumstance.;$rt.32 par.+<
-. $ggraating circumstances regardless of its #ind should be specifically alleged in the information
and proed as
fully as the crime itself in order to increase the penalty.;Rule 11> sec.A 2>>> Rules of ,riminal
&rocedure<
3. .hen there is more than one qualifying aggraating circumstance present,one of them %ill be
appreciated as
qualifying aggraating %hile the others %ill be considered as generic aggraating.

Art. 14. Aggra"ating circumstances.
Par. 1 =hat ad"antage be taCen by the offender of his public position
Requisites:
1. 0ffender is public officer
2. &ublic officer must use the influence,prestige or ascendancy %hich his office gies him as
means to
reali?e criminal purpose.
7ote:
H It is not considered as an aggraating circumstance %here ta#ing adantage of official
position is made
by la% an integral element of the crime or inherent in the offense.
e'ample: malersation,falsification of a document committed by public officers
H .hen the public officer did not ta#e adantage of the influence of his position,this
aggraating
circumstances is not present.
H )a#ing adantage of a public position is also inherent in the case of accessories under
$rt.1A par.*
;harboring,concealing or assisting in the escape of the principal of the crime< and in
crimes committed by
public officers.;$rt.2>+"2+-<
Par. 2 =hat the crime be committed in contempt of or with insult to public authorities.
Requisites:
1. )hat the public authority is engaged in the e'ercise of his functions.
2. )hat he %ho is thus engaged in the e'ercise of said functions is not the person against
%hom the crime
is committed.
*. )he offender #no%s him to be a public authority.
+. His presence has not preented the offender from committing the criminal act.
&erson in authority " public authority or person %ho is directly ested %ith jurisdiction and has the
po%er to goern
and e'ecute the la%s.!'ample: 6oernor,8ayor,1arangay
,aptain,councilors,,hief of &olice
7ote:H $ teacher or professor of a public or recogni?ed priate school is not a public authority
%ithin the
contemplation of this paragraph..hile he is a person in authority under $rt.1-2,that status
is only for the
purpose of $rt.1+E;direct assault< and art.1-2;resistance and disobedience<
H )he crime should not be committed against the public authority other%ise it %ill constitute
direct assault
under art.1+E
H )his is not applicable %hen committed in the presence of a mere agent.
$gent " subordinate public officer charged %ith the maintenance of public order and protection and
security of life
and property.!'ample: barrio councilman.
Par. 4 =hat the act be committed
1. )ith insult or in disregard of the respect due the offended party on account of
his
ranC%age%se# or
2. =hat it be committed in the dwelling of the offended party%if the latter has not
gi"en
pro"ocation.
Rules regarding par. *;1<
a. )hese circumstances shall only be considered as one aggraating circumstance.
b. Ran#,age,and se' may be ta#en into account only in crime against persons or honor,they
can not be
ino#ed in crimes against property.
c. it must be sho%n that in the commission of the crime,the offender deliberately intended
to offend or
insult the ran#,age,and se' of the offended party.

Ran# " the designation or title of distinction used to fi' the relatie position of the offended
party in
reference to others ;there must be a difference in the social condition of the offender and
the offended
party.
$ge " may refer to old age or the tender age of the ictim.
/e' " refers to the female se',not the male se'.
)he act of disregard of ran#,age,or se' is not applicable in the follo%ing cases:
1. .hen the offender acted %ith passion and obfuscation.
2. .hen there e'ists a relationship bet%een the offended party and the offender.
*. .hen the condition of being a %oman is indispensable in the commission of the
crime.!'ample: parricide,
abduction,seduction,and rape.
&eople s. =apa? 8arch *1,1AEA " 2isregard of se' and age are not absorbed in treachery
because
treachery refers to the manner of the commission of the crime,%hile disregard of se' and
age pertains to
the relationship of the ictim.
2%elling " must be building or structure e'clusiely used for rest and comfort ;combination
of house and
store not included< may be temporary as in the case of guests in a house or bedspacers.It
includes
dependencies,the foot of the staircase and the enclosure under the house.
7otes:
H )he aggraating circumstance of d%elling requires that the crime be %holly or partly
committed therein or in
any integral part thereof.
H 2%elling does not mean the permanent residence or domicile of the offended party or that he
must be the
o%ner thereof.He must ,ho%eer be actually liing or d%elling therein een for a temporary
duration or
purpose.
H It is not necessary that the accused should hae actually entered the d%elling of the ictim
to commit the
offense( it is not enough that the ictim %as attac#ed inside his o%n house although the
assailant may hae
deised means to perpetrate the assault from %ithout.
.hat aggraates the commission of the crime in one4s d%ellingI
1. )he abuse of confidence %hich the offended party reposed in the offender by opening the
door to him or
2. )he iolation of the sanctity of the home by trespassing therein %ith iolence or against
the %ill of the
o%ner.
8eaning of proocation in the aggraating circumstance of d%elling: )he proocation must
be:
1. 6ien by the o%ner of the d%elling
2. /ufficient and
*. Immediate to the commission of the crime.
7ote: If all these conditions are present, the offended party is deemed to hae gien the
proocation and
the fact that the crime is committed in the d%elling of the offended party is not an
aggraating
circumstance.Reason " .hen it is the offended party %ho has proo#ed the
incident,he losses his
right to the respect and consideration due him in his o%n house.

2%elling is not aggraating in the follo%ing cases:
1..hen both the offender and the offended party are occupants of the same house and this is
true een if
offender is a serant in the house. !'ception " In case of adultery in the conjugal
d%elling,the same is
aggraating.Ho%eer,if the paramour also d%ells in the conjugal d%elling,the applicable
aggraating
circumstance is abuse of confidence.
2..hen robbery is committed by the use of force upon things,d%elling is not aggraating
because it is
inherent.Ho%eer,d%elling is aggraating in robbery %ith iolence against or intimidation of
persons
because this class of robbery can be committed %ithout the necessity of trespassing the
sanctity of the
offended party4s house.
*.In the crime of trespass to d%elling,it is inherent to included by la% in defining the crime.
+..hen the o%ner of the d%elling gae sufficient and immediate proocation.
" there must e'ist a close relation bet%een the proocation made by the ictim and the
commission of
the crime by the accused.
-.)he ictim is not a d%eller of the house.
par. 4 =hat the act be committed with
a. abuse of confidence or
b. ob"ious ungratefulness
H )here are 2 aggraating circumstances present under par.+ %hich must be independently
appreciated if
present in the same case.
H .hile one may be related to the other in the factual situation in the case,they can not be
lumped together.
$buse of confidence requires a special confidential relationship bet%een the offender and
the ictim %hile
this is not required for there to be obious ungratefulness.
Requisites of abuse of confidence
1. )hat the offended party had trusted the offender.
2. )hat the offender abused such trust by committing a crime against the offended party.
*. )hat the abused of confidence facilitated the commission of the crime.
7ote: $buse of confidence is inherent in malersation,qualified theft,estafa by conersion or
misappropriation
and qualified seduction.
Requisites of 0bious 9ngratefulness
1. )hat the offended party had trusted the offender
2. )hat the offender abused such trust by committing a crime against the offended party.
*. )hat the act be committed %ith obious ungratefulness.
7ote: )he ungratefulness contemplated by paragraph + must be such clear and manifest
ingratitude on the
part of the accused .
par. =hat the crime be committed in the palace of the chief e#ecuti"e or in his presence
or
where public authorities are engaged in the discharge of their duties or in a place
dedicated to religious worship.
H $ctual performance of duties is not necessary %hen crime is committed in the palace or in
the presence of
the chief e'ecutie.
Requisites regarding public authorities
1. crime occurred in the public office
2. public authorities are actually performing their public duties
,omparison
par. - .here public authorities are par. 2 ,ontempt or insult to
public authorities
engaged in the discharge of their
duties

&lace %here public duty is performed
" In their office " outside
of their office
)he offended party
" 8ay or may not be the " public authority
should not be the
public authority offended party.
&lace dedicated to religious %orship
Requisites:
1. )he crime occurred in a place dedicated to the %orship of god regardless of religion.
2. )he offender must hae decided to commit the crime %hen he entered the place of %orship.
H !'cept for the third %hich requires that official functions are being performed at the time of
the commission
of the crime,the other places mentioned are aggraating per se een if no official duties or
acts of
religious %orship are being conducted there.
H ,emeteries,ho%eer respectable they may be are not considered as place dedicated to the
%orship of god.
Par. $ =hat the crime be committed
1. In the nighttime or
2. In an uninhabited place or
4. ?y a band
)hene"er such circumstances may facilitate the commission of the offense.
7ote: .hen present in the same case and their element are distinctly palpable and can
subsist
independently,they shall be considered separately.
.hen nighttime,uninhabited place or band aggraating
1. .hen it facilitated the commission of the crime or
2. .hen especially sought for by the offender to insure the commission of the crime or for the
purpose of
impunity or
*. .hen the offender too# adantage thereof for the purpose of impunity.
7ighttime ;obscuridad< " that period of dar#ness beginning at the end of dus# and ending at
da%n.
H ,ommission of the crime mus begin and be accomplished in the nighttime..hen the place of
the crime is
illuminated by light,nighttime is not aggraating.It is not considered aggraating %hen the
crime began at
daytime.
H 7ighttime is not especially sought for %hen the notion to commit the crime %as conceied of
shortly before
commission or %hen crime %as committed at night upon a casual encounter.
H Ho%eer,nighttime need not be specifically sought for %hen
1. it facilitated the commission of the offense or
2. the offender too# adantage of the same to commit the crime.
H $ bare statement that crime %as committed at night is insufficient.)he information must allege
that nighttime
%as sought for or ta#en adantage of or that it facilitated the crime.
6eneral rule: nighttime is absorbed in treachery.
!'ception: .here both the treacherous mode of attac# and nocturnity %ere deliberately
decided upon in the
same case,they can be considered separately if such circumstances hae different
factual bases.
H In &eople of the &hilippines s. 1erdida et.al. ;june *>,1A33< " nighttime %as considered since it
%as
purposely sought and treachery %as further appreciated because the ictims hands and arms
%ere tied
together before he %as beaten up by the accused.
H In &eople s. 0ng et.al. ;Dan.*>,1AC-< " there %as treachery as the ictim %as stabbed %hile
lying face up
and defenseless and nighttime %as considered upon proof that it facilitated the commission of
the offense and
%as ta#en adantage of by the accused.
9ninhabited place ;despoblado< " one %here there are no houses at all,a place at a considerable
distance from
to%n,%here the houses are scattered at a great distance from each other.
H /olitude must be sought to better attain the criminal purpose.
H .hat should be considered here is %hether in the place of the commission of the offense,there
%as a
reasonable possibility of the ictim receiing some help.
1and ;en ,uadrilla< " %heneer there are more than * armed malefactors that shall hae acted
together in the
commission of an offense.
7ote:
H )here must be + or more armed men.
H If one of the + armed malefactors is a principal by inducement,they do not form a band because
it is
undoubtedly connoted that he had no direct participation.
H 1y a band " is aggraating in crimes against property or against persons or in the crime of illegal
detention or
treason but does not apply to crimes against chastity.
H 1y a band is inherent in brigandage.
H )his aggraating circumstance is absorbed in the circumstance of abuse of superior strength.
Par. ( =hat the crime be committed on the occasion of
a conflagration%shipwrecC%earthDuaCe%
epidemic or calamity or misfortune.
Requisites:
1. )hat the crime %as committed %hen there %as a calamity or misfortune.
2. )hat offender too# adantage of the state of confusion or chaotic condition from such misfortune.
*. If the offender %as proo#ed by the offended party during the calamity:misfortune,this
aggraating
circumstance may not be ta#en into consideration.
Par. * =hat the crime be committed with the aid of
a. Armed men or
b. Persons who insure or afford impunity
Requisites:
1. )hat armed men or persons too# part in the commission of the crime directly or indirectly.
2. )hat the accused aailed himself of their aid or relied upon them %hen the crime %as committed.
7ote: )his aggraating circumstance requires that the armed men are accomplices %ho ta#e part
in a minor
capacity directly or indirectly and not %hen they %ere merely present at the crime
scene.7either should
they constitute a band,for then the proper aggraating circumstance %ould be cuadrilla.
.hen this aggraating circumstance shall not be considered:
1. .hen both the attac#ing party and the party attac#ed %ere equally armed.
2. .hen the accused as %ell as those %ho cooperated %ith him in the commission of the crime
acted under the
same plan and for the same purpose.
*. .hen the others %ere only casually present and the offender did not aail himself of any of
their aid or %hen
he did not #no%ingly count upon their assistance in the commission of the crime.
&ar. 3 1y a band &ar. E .ith the aid of armed men
$s to their number
" requires more than * armed " $t least 2
malefactors
$s to their action
" requires that more than * armed " this circumstance is present
een if one of the
malefactors shall hae acted offenders merely relied on their
aid for actual
together in the commission of aid is not necessary.
an offense
H If there are + armed men,aid of armed men is absorbed in employment of a band.If there are *
armed men or
less,aid of armed men may be the aggraating circumstance.
H $id of armed men includes armed %omen.
Par. . =hat the accused is a recidi"ist
Recidiist " one %ho at the time of his trial for one crime shall hae been preiously conicted by
final judgement
of another crime embraced in the same title of the R&,.

Requisites:
1. )hat the offender is on trial for an offense
2. )hat he %as preiously conicted by final judgement of another crime
*. )hat both the first and the second offenses are embraced in the same title of the R&,
+. )hat the offender is conicted of the ne% offense
8eaning of 5at the time of is trial for one crime5 " it is employed in its general sense,including
the rendering of
judgement.It is meant to include eerything that is done in the course of the trial,from
arraignment until after
sentence is announced by the judge in open court.
.hat is controlling is the time of the trial,not the time of the commission of the offense.
6eneral rule: )o proe recidiism,it is necessary to allege the same in the information and to
attach thereto
certified copy of the sentences rendered against the accused.
!'ception: If the accused does not object and %hen he admits in his confession and on the %itness
stand.
7otes:
HRecidiism must be ta#en into account no matter ho% many years hae interened bet%een the
first and second
felonies.
H$mnesty e'tinguishes the penalty and its effects.Ho%eer,pardon does not obliterate the fact that
the accused
%as a recidiist.)hus,een if the accused %as granted a pardon for the first offense but he
commits another
felony embraced in the dame title of the R&,,the first coniction is still counted to ma#e him a
recidiist.
H1eing an ordinary aggraating circumstance,recidiism affects only the periods of a penalty e'cept
in prostitution
and agrancy and gambling %herein recidiism increases the penalties by degrees.7o other
generic aggraating
circumstances produces this effect.
HIn recidiism,it is sufficient that the succeeding offense be committed after the commission of the
preceding
offense proided that at the time of his trial for the second offense,the accused had already been
conicted of
the first offense.
HIf both offenses %ere committed on the same date,they shall be considered as only
one,hence,they can not be
separately counted in order to constitute recidiism.$lso,judgements of coniction handed do%n
on the same
day shall be considered as only one coniction.Reason " because the R&, requires that to be
considered as
separate conictions at the time of his trial for one crime the accused shall hae been preiously
conicted by
final judgement of the other.
1>. )hat the offender has been preiously punished by an offense to %hich the la% attaches an
equal or greater penalty or for t%o or more crimes to %hich it attaches a lighter penalty.
11. )hat the crime be committed in consideration of a price, re%ard, or promise.
12. )hat the crime be committed by means of inundation, fire, poison, e'plosion, stranding of a
essel or international damage thereto, derailment of a locomotie, or by the use of any other artifice
inoling great %aste and ruin.
1*. )hat the act be committed %ith eidence premeditation.
1+. )hat the craft, fraud or disguise be employed.
1-. )hat adantage be ta#en of superior strength, or means be employed to %ea#en the defense.
13. )hat the act be committed %ith treachery ;aleosia<.
)here is treachery %hen the offender commits any of the crimes against the person, employing
means, methods, or forms in the e'ecution thereof %hich tend directly and specially to insure its
e'ecution, %ithout ris# to himself arising from the defense %hich the offended party might ma#e.
1C. )hat means be employed or circumstances brought about %hich add ignominy to the natural
effects of the act.
1E. )hat the crime be committed after an unla%ful entry.
)here is an unla%ful entry %hen an entrance of a crime a %all, roof, floor, door, or %indo% be
bro#en.
2>. )hat the crime be committed %ith the aid of persons under fifteen years of age or by means of
motor ehicles, motori?ed %atercraft, airships, or other similar means. ;$s amended by R$ -+*E<.
21. )hat the %rong done in the commission of the crime be deliberately augmented by causing
other %rong not necessary for its commissions.
,hapter Fie
$=)!R7$)IB! ,IR,98/)$7,!/

$rt. 1-. )heir concept. J $lternatie circumstances are those %hich must be ta#en into consideration
as aggraating or mitigating according to the nature and effects of the crime and the other conditions
attending its commission. )hey are the relationship, into'ication and the degree of instruction and
education of the offender.
)he alternatie circumstance of relationship shall be ta#en into consideration %hen the offended
party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relatie by affinity in the same degrees of the offender.
)he into'ication of the offender shall be ta#en into consideration as a mitigating circumstances %hen
the offender has committed a felony in a state of into'ication, if the same is not habitual or
subsequent to the plan to commit said felony but %hen the into'ication is habitual or intentional, it
shall be considered as an aggraating circumstance.

)itle )%o

&!R/07/ ,RI8I7$==K =I$1=! F0R F!=07I!/

$rt. 13. .ho are criminally liable. J )he follo%ing are criminally liable for grae and less grae
felonies:
1. &rincipals.
2. $ccomplices.
*. $ccessories.
)he follo%ing are criminally liable for light felonies:
1. &rincipals
2. $ccomplices.
$rt. 1C. &rincipals. J )he follo%ing are considered principals:
1. )hose %ho ta#e a direct part in the e'ecution of the act(
2. )hose %ho directly force or induce others to commit it(
*. )hose %ho cooperate in the commission of the offense by another act %ithout %hich it %ould
not hae been accomplished.
$rt. 1E. $ccomplices. J $ccomplices are those persons %ho, not being included in $rt. 1C, cooperate
in the e'ecution of the offense by preious or simultaneous acts.
$rt. 1A. $ccessories. J $ccessories are those %ho, haing #no%ledge of the commission of the crime,
and %ithout haing participated therein, either as principals or accomplices, ta#e part subsequent to
its commission in any of the follo%ing manners:chan robles irtual la% library
1. 1y profiting themseles or assisting the offender to profit by the effects of the crime.
2. 1y concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to preent its discoery.
*. 1y harboring, concealing, or assisting in the escape of the principals of the crime, proided the
accessory acts %ith abuse of his public functions or %heneer the author of the crime is guilty of
treason, parricide, murder, or an attempt to ta#e the life of the ,hief !'ecutie, or is #no%n to be
habitually guilty of some other crime.
$rt. 2>. $ccessories %ho are e'empt from criminal liability. J )he penalties prescribed for
accessories shall not be imposed upon those %ho are such %ith respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters, or relaties by affinity %ithin the
same degrees, %ith the single e'ception of accessories falling %ithin the proisions of paragraph 1 of
the ne't preceding article.

)itle )hree

& ! 7 $ = ) I ! /

,hapter 0ne
&!7$=)I!/ I7 6!7!R$=

$rt. 21. &enalties that may be imposed. J 7o felony shall be punishable by any penalty not
prescribed by la% prior to its commission.
$rt. 22. Retroactie effect of penal la%s. J &enal =a%s shall hae a retroactie effect insofar as they
faor the persons guilty of a felony, %ho is not a habitual criminal, as this term is defined in Rule - of
$rticle 32 of this ,ode, although at the time of the publication of such la%s a final sentence has been
pronounced and the conict is sering the same.
$rt. 2*. !ffect of pardon by the offended party. J $ pardon of the offended party does not e'tinguish
criminal action e'cept as proided in $rticle *++ of this ,ode( but ciil liability %ith regard to the
interest of the injured party is e'tinguished by his e'press %aier.
$rt. 2+. 8easures of preention or safety %hich are nor considered penalties. J )he follo%ing shall
not be considered as penalties:
1. )he arrest and temporary detention of accused persons, as %ell as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.
2. )he commitment of a minor to any of the institutions mentioned in $rticle E> and for the
purposes specified therein.
*. /uspension from the employment of public office during the trial or in order to institute
proceedings.
+. Fines and other correctie measures %hich, in the e'ercise of their administratie disciplinary
po%ers, superior officials may impose upon their subordinates.
-. 2epriation of rights and the reparations %hich the ciil la%s may establish in penal form.
,hapter )%o
,=$//IFI,$)I07 0F &!7$=)I!/

$rt. 2-. &enalties %hich may be imposed. J )he penalties %hich may be imposed according to this
,ode, and their different classes, are those included in the follo%ing:
/cale
&rincipal &enalties
,apital punishment:
2eath.
$fflictie penalties:
Reclusion perpetua,
Reclusion temporal,
&erpetual or temporary absolute disqualification,
&erpetual or temporary special disqualification,
&rision mayor.
,orrectional penalties:
&rision correccional,
$rresto mayor,
/uspension,
2estierro.
=ight penalties:
$rresto menor,
&ublic censure.
&enalties common to the three preceding classes:
Fine, and
1ond to #eep the peace.
$ccessory &enalties
&erpetual or temporary absolute disqualification,
&erpetual or temporary special disqualification,
/uspension from public office, the right to ote and be oted for, the profession or calling.
,iil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
&ayment of costs.
$rt. 23. .hen afflictie, correctional, or light penalty. J $ fine, %hether imposed as a single of as an
alternatie penalty, shall be considered an afflictie penalty, if it e'ceeds 3,>>> pesos( a correctional
penalty, if it does not e'ceed 3,>>> pesos but is not less than 2>> pesos( and a light penalty if it less
than 2>> pesos.

,hapter )hree
29R$)I07 $72 !FF!,)/ 0F &!7$=)I!/

/ection 0ne. J 2uration of &enalties

$rt. 2C. Reclusion perpetua. J $ny person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct
or some other serious cause shall be considered by the ,hief !'ecutie as un%orthy of pardon.
Reclusion temporal. J )he penalty of reclusion temporal shall be from t%ele years and one day to
t%enty years.
&rision mayor and temporary disqualification. J )he duration of the penalties of prision mayor and
temporary disqualification shall be from si' years and one day to t%ele years, e'cept %hen the
penalty of disqualification is imposed as an accessory penalty, in %hich case its duration shall be that
of the principal penalty.
&rision correccional, suspension, and destierro. J )he duration of the penalties of prision
correccional, suspension and destierro shall be from si' months and one day to si' years, e'cept
%hen suspension is imposed as an accessory penalty, in %hich case, its duration shall be that of the
principal penalty.
$rresto mayor. J )he duration of the penalty of arresto mayor shall be from one month and one day
to si' months.
$rresto menor. J )he duration of the penalty of arresto menor shall be from one day to thirty days.
1ond to #eep the peace. J )he bond to #eep the peace shall be required to coer such period of time
as the court may determine.
$rt. 2E. ,omputation of penalties. J If the offender shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day on %hich the judgment of coniction shall hae
become final.
If the offender be not in prison, the term of the duration of the penalty consisting of depriation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. )he duration of the other penalties shall be computed
only from the day on %hich the defendant commences to sere his sentence.
$rt. 2A. &eriod of preentie imprisonment deducted from term of imprisonment. J 0ffenders %ho
hae undergone preentie imprisonment shall be credited in the serice of their sentence consisting
of depriation of liberty, %ith the full time during %hich they hae undergone preentie
imprisonment, if the detention prisoner agrees oluntarily in %riting to abide by the same disciplinary
rules imposed upon conicted prisoners, e'cept in the follo%ing cases:
1. .hen they are recidiists or hae been conicted preiously t%ice or more times of any crime(
and
2. .hen upon being summoned for the e'ecution of their sentence they hae failed to surrender
oluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
conicted prisoners, he shall be credited in the serice of his sentence %ith four"fifths of the time
during %hich he has undergone preentie imprisonment. ;$s amended by Republic $ct 312C, Dune
1C, 1AC><.
.heneer an accused has undergone preentie imprisonment for a period equal to or more than the
possible ma'imum imprisonment of the offense charged to %hich he may be sentenced and his case
is not yet terminated, he shall be released immediately %ithout prejudice to the continuation of the
trial thereof or the proceeding on appeal, if the same is under reie%. In case the ma'imum penalty
to %hich the accused may be sentenced is destierro, he shall be released after thirty ;*>< days of
preentie imprisonment. ;$s amended by !.0. 7o. 21+, Duly 1>, 1AEE<.

/ection )%o. J !ffects of the penalties
according to their respectie nature

$rt. *>. !ffects of the penalties of perpetual or temporary absolute disqualification. J )he penalties
of perpetual or temporary absolute disqualification for public office shall produce the follo%ing
effects:
1. )he depriation of the public offices and employments %hich the offender may hae held een if
conferred by popular election.
2. )he depriation of the right to ote in any election for any popular office or to be elected to
such office.
*. )he disqualification for the offices or public employments and for the e'ercise of any of the
rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and *
of this article shall last during the term of the sentence.
+. )he loss of all rights to retirement pay or other pension for any office formerly held.
$rt. *1. !ffect of the penalties of perpetual or temporary special disqualification. J )he penalties of
perpetual or temporal special disqualification for public office, profession or calling shall produce the
follo%ing effects:
1. )he depriation of the office, employment, profession or calling affected(
2. )he disqualification for holding similar offices or employments either perpetually or during the
term of the sentence according to the e'tent of such disqualification.
$rt. *2. !ffect of the penalties of perpetual or temporary special disqualification for the e'ercise of
the right of suffrage. J )he perpetual or temporary special disqualification for the e'ercise of the
right of suffrage shall deprie the offender perpetually or during the term of the sentence, according
to the nature of said penalty, of the right to ote in any popular election for any public office or to be
elected to such office. 8oreoer, the offender shall not be permitted to hold any public office during
the period of his disqualification.
$rt. **. !ffects of the penalties of suspension from any public office, profession or calling, or the right
of suffrage. J )he suspension from public office, profession or calling, and the e'ercise of the right of
suffrage shall disqualify the offender from holding such office or e'ercising such profession or calling
or right of suffrage during the term of the sentence.
)he person suspended from holding public office shall not hold another haing similar functions
during the period of his suspension.
$rt. *+. ,iil interdiction. J ,iil interdiction shall deprie the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as to the person or property of
any %ard, of marital authority, of the right to manage his property and of the right to dispose of such
property by any act or any coneyance inter ios.
$rt. *-. !ffects of bond to #eep the peace. J It shall be the duty of any person sentenced to gie
bond to #eep the peace, to present t%o sufficient sureties %ho shall underta#e that such person %ill
not commit the offense sought to be preented, and that in case such offense be committed they %ill
pay the amount determined by the court in the judgment, or other%ise to deposit such amount in the
office of the cler# of the court to guarantee said underta#ing.
)he court shall determine, according to its discretion, the period of duration of the bond.
/hould the person sentenced fail to gie the bond as required he shall be detained for a period %hich
shall in no case e'ceed si' months, is he shall hae been prosecuted for a grae or less grae felony,
and shall not e'ceed thirty days, if for a light felony.
$rt. *3. &ardon( its effect. J $ pardon shall not %or# the restoration of the right to hold public office,
or the right of suffrage, unless such rights be e'pressly restored by the terms of the pardon.
$ pardon shall in no case e'empt the culprit from the payment of the ciil indemnity imposed upon
him by the sentence.
$rt. *C. ,ost( .hat are included. J ,osts shall include fees and indemnities in the course of the
judicial proceedings, %hether they be fi'ed or unalterable amounts preiously determined by la% or
regulations in force, or amounts not subject to schedule.
$rt. *E. &ecuniary liabilities( 0rder of payment. J In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities, the same shall be met in the follo%ing order:
1. )he reparation of the damage caused.
2. Indemnification of consequential damages.
*. )he fine.
+. )he cost of the proceedings.
$rt. *A. /ubsidiary penalty. J If the conict has no property %ith %hich to meet the fine mentioned
in the paragraph * of the nest preceding article, he shall be subject to a subsidiary personal liability
at the rate of one day for each eight pesos, subject to the follo%ing rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not e'ceed one"third of the term of the sentence, and in no case shall it continue
for more than one year, and no fraction or part of a day shall be counted against the prisoner.
2. .hen the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
e'ceed si' months, if the culprit shall hae been prosecuted for a grae or less grae felony, and
shall not e'ceed fifteen days, if for a light felony.
*. .hen the principal imposed is higher than prision correccional, no subsidiary imprisonment shall
be imposed upon the culprit.
+. If the principal penalty imposed is not to be e'ecuted by confinement in a penal institution, but
such penalty is of fi'ed duration, the conict, during the period of time established in the preceding
rules, shall continue to suffer the same depriations as those of %hich the principal penalty
consists.chan robles irtual la% library
-. )he subsidiary personal liability %hich the conict may hae suffered by reason of his insolency
shall not reliee him, from the fine in case his financial circumstances should improe. ;$s amended
by R$ -+3-, $pril 21, 1A3A<.
/ection )hree. J &enalties in %hich other accessory penalties
are inherent

$rt. +>. 2eath( Its accessory penalties. J )he death penalty, %hen it is not e'ecuted by reason of
commutation or pardon shall carry %ith it that of perpetual absolute disqualification and that of ciil
interdiction during thirty years follo%ing the date sentence, unless such accessory penalties hae
been e'pressly remitted in the pardon.
$rt. +1. Reclusion perpetua and reclusion temporal( )heir accessory penalties. J )he penalties of
reclusion perpetua and reclusion temporal shall carry %ith them that of ciil interdiction for life or
during the period of the sentence as the case may be, and that of perpetual absolute disqualification
%hich the offender shall suffer een though pardoned as to the principal penalty, unless the same
shall hae been e'pressly remitted in the pardon.
$rt. +2. &rision mayor( Its accessory penalties. J )he penalty of prision mayor, shall carry %ith it
that of temporary absolute disqualification and that of perpetual special disqualification from the right
of suffrage %hich the offender shall suffer although pardoned as to the principal penalty, unless the
same shall hae been e'pressly remitted in the pardon.
$rt. +*. &rision correccional( Its accessory penalties. J )he penalty of prision correccional shall carry
%ith it that of suspension from public office, from the right to follo% a profession or calling, and that
of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment
shall e'ceed eighteen months. )he offender shall suffer the disqualification proided in the article
although pardoned as to the principal penalty, unless the same shall hae been e'pressly remitted in
the pardon.
$rt. ++. $rresto( Its accessory penalties. J )he penalty of arresto shall carry %ith it that of
suspension of the right too hold office and the right of suffrage during the term of the sentence.
$rt. +-. ,onfiscation and forfeiture of the proceeds or instruments of the crime. J !ery penalty
imposed for the commission of a felony shall carry %ith it the forfeiture of the proceeds of the crime
and the instruments or tools %ith %hich it %as committed.
/uch proceeds and instruments or tools shall be confiscated and forfeited in faor of the 6oernment,
unless they be property of a third person not liable for the offense, but those articles %hich are not
subject of la%ful commerce shall be destroyed.

,hapter Four
$&&=I,$)I07 0F &!7$=)I!/

/ection 0ne. J Rules for the application of penalties
to the persons criminally liable and for the graduation of the same.

$rt. +3. &enalty to be imposed upon principals in general. J )he penalty prescribed by la% for the
commission of a felony shall be imposed upon the principals in the commission of such felony.
.heneer the la% prescribes a penalty for a felony is general terms, it shall be understood as
applicable to the consummated felony.
$rt. +C. In %hat cases the death penalty shall not be imposed. J )he death penalty shall be imposed
in all cases in %hich it must be imposed under e'isting la%s, e'cept in the follo%ing cases:
1. .hen the guilty person be more than seenty years of age.
2. .hen upon appeal or reision of the case by the /upreme court, all the members thereof are
not unanimous in their oting as to the propriety of the imposition of the death penalty. For the
imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the
death sentence, the /upreme ,ourt shall render its decision per curiam, %hich shall be signed by all
justices of said court, unless some member or members thereof shall hae been disqualified from
ta#ing part in the consideration of the case, in %hich een the unanimous ote and signature of only
the remaining justices shall be required.
$rt. +E. &enalty for comple' crimes. J .hen a single act constitutes t%o or more grae or less grae
felonies, or %hen an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its ma'imum period.
$rt. +A. &enalty to be imposed upon the principals %hen the crime committed is different from that
intended. J In cases in %hich the felony committed is different from that %hich the offender
intended to commit, the follo%ing rules shall be obsered:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the
offense %hich the accused intended to commit, the penalty corresponding to the latter shall be
imposed in its ma'imum period.
2. If the penalty prescribed for the felony committed be lo%er than that corresponding to the one
%hich the accused intended to commit, the penalty for the former shall be imposed in its ma'imum
period.
*. )he rule established by the ne't preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another crime, if the
la% prescribes a higher penalty for either of the latter offenses, in %hich case the penalty proided
for the attempted or the frustrated crime shall be imposed in its ma'imum period.
$rt. ->. &enalty to be imposed upon principals of a frustrated crime. J )he penalty ne't lo%er in
degree than that prescribed by la% for the consummated felony shall be imposed upon the principal
in a frustrated felony.
$rt. -1. &enalty to be imposed upon principals of attempted crimes. J $ penalty lo%er by t%o
degrees than that prescribed by la% for the consummated felony shall be imposed upon the principals
in an attempt to commit a felony.
$rt. -2. &enalty to be imposed upon accomplices in consummated crime. J )he penalty ne't lo%er in
degree than that prescribed by la% for the consummated shall be imposed upon the accomplices in
the commission of a consummated felony.
$rt. -*. &enalty to be imposed upon accessories to the commission of a consummated felony. J )he
penalty lo%er by t%o degrees than that prescribed by la% for the consummated felony shall be
imposed upon the accessories to the commission of a consummated felony.
$rt. -+. &enalty to imposed upon accomplices in a frustrated crime. J )he penalty ne't lo%er in
degree than prescribed by la% for the frustrated felony shall be imposed upon the accomplices in the
commission of a frustrated felony.
$rt. --. &enalty to be imposed upon accessories of a frustrated crime. J )he penalty lo%er by t%o
degrees than that prescribed by la% for the frustrated felony shall be imposed upon the accessories
to the commission of a frustrated felony.
$rt. -3. &enalty to be imposed upon accomplices in an attempted crime. J )he penalty ne't lo%er in
degree than that prescribed by la% for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
$rt. -C. &enalty to be imposed upon accessories of an attempted crime. J )he penalty lo%er by t%o
degrees than that prescribed by la% for the attempted felony shall be imposed upon the accessories
to the attempt to commit a felony.
$rt. -E. $dditional penalty to be imposed upon certain accessories. J )hose accessories falling %ithin
he terms of paragraphs * of $rticle 1A of this ,ode %ho should act %ith abuse of their public
functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal
offender shall be guilty of a grae felony, and that of absolute temporary disqualification if he shall be
guilty of a less grae felony.
$rt. -A. &enalty to be imposed in case of failure to commit the crime because the means employed or
the aims sought are impossible. J .hen the person intending to commit an offense has already
performed the acts for the e'ecution of the same but neertheless the crime %as not produced by
reason of the fact that the act intended %as by its nature one of impossible accomplishment or
because the means employed by such person are essentially inadequate to produce the result desired
by him, the court, haing in mind the social danger and the degree of criminality sho%n by the
offender, shall impose upon him the penalty of arresto mayor or a fine from 2>> to ->> pesos.
$rt. 3>. !'ception to the rules established in $rticles -> to -C. J )he proisions contained in $rticles
-> to -C, inclusie, of this ,ode shall not be applicable to cases in %hich the la% e'pressly prescribes
the penalty proided for a frustrated or attempted felony, or to be imposed upon accomplices or
accessories.
$rt. 31. Rules for graduating penalties. J For the purpose of graduating the penalties %hich,
according to the proisions of $rticles -> to -C, inclusie, of this ,ode, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories,
the follo%ing rules shall be obsered:
1. .hen the penalty prescribed for the felony is single and indiisible, the penalty ne't lo%er in
degrees shall be that immediately follo%ing that indiisible penalty in the respectie graduated scale
prescribed in $rticle C1 of this ,ode.
2. .hen the penalty prescribed for the crime is composed of t%o indiisible penalties, or of one or
more diisible penalties to be impose to their full e'tent, the penalty ne't lo%er in degree shall be
that immediately follo%ing the lesser of the penalties prescribed in the respectie graduated scale.
*. .hen the penalty prescribed for the crime is composed of one or t%o indiisible penalties and
the ma'imum period of another diisible penalty, the penalty ne't lo%er in degree shall be composed
of the medium and minimum periods of the proper diisible penalty and the ma'imum periods of the
proper diisible penalty and the ma'imum period of that immediately follo%ing in said respectie
graduated scale.
+. %hen the penalty prescribed for the crime is composed of seeral periods, corresponding to
different diisible penalties, the penalty ne't lo%er in degree shall be composed of the period
immediately follo%ing the minimum prescribed and of the t%o ne't follo%ing, %hich shall be ta#en
from the penalty prescribed, if possible( other%ise from the penalty immediately follo%ing in the
aboe mentioned respectie graduated scale.
-. .hen the la% prescribes a penalty for a crime in some manner not especially proided for in the
four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon
accomplices and accessories.
)$19=$)I07 0F )H! &R0BI/I07/ 0F )H! ,H$&)!R

&enalty &rescribe for the crime

&enalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated
crime

&enalty to be imposed upon the principal in an attempted crime, the accessory in the
consummated crime and the accomplices in a frustrated crime.

&enalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an
attempted crime

&enalty to be imposed upon the accessory in an attempted crime
First ,ase 2eath Reclusion &erpetua Reclusion )emporal &rision 8ayor &rision
,orreccional
/econd ,ase Reclusion &erpetua to 2eath Reclusion )emporal &rision 8ayor &rision
,orreccional $rresto 8ayor
)hird ,ase Reclusion )emporal in its ma'imum period to death &rision 8ayor in its ma'imum
period to reclusion temporal in its medium period &rision correccional in its ma'imum period to
prision mayor in its medium period $rresto 8ayor in it s ma'imum period to prision correccional in
its medium period Fine and $rresto 8ayor in its minimum and medium periods
Fourth ,ase &rision 8ayor in its ma'imum period to reclusion temporal in its medium period.
&rision correccional in its ma'imum period to prision mayor in its medium period. $rresto mayor in
its ma'imum period to prision correccional in its medium period. Fine and $rresto 8ayor in its
minimum and medium periods Fine.
/ection )%o. J Rules for the application of penalties %ith regard to the mitigating and aggraating
circumstances, and habitual delinquency.
$rt. 32. !ffect of the attendance of mitigating or aggraating circumstances and of habitual
delinquency. J 8itigating or aggraating circumstances and habitual delinquency shall be ta#en into
account for the purpose of diminishing or increasing the penalty in conformity %ith the follo%ing
rules:
1. $ggraating circumstances %hich in themseles constitute a crime specially punishable by la%
or %hich are included by the la% in defining a crime and prescribing the penalty therefor shall not be
ta#en into account for the purpose of increasing the penalty.
2. )he same rule shall apply %ith respect to any aggraating circumstance inherent in the crime to
such a degree that it must of necessity accompany the commission thereof.
*. $ggraating or mitigating circumstances %hich arise from the moral attributes of the offender,
or from his priate relations %ith the offended party, or from any other personal cause, shall only
sere to aggraate or mitigate the liability of the principals, accomplices and accessories as to %hom
such circumstances are attendant.
+. )he circumstances %hich consist in the material e'ecution of the act, or in the means employed
to accomplish it, shall sere to aggraate or mitigate the liability of those persons only %ho had
#no%ledge of them at the time of the e'ecution of the act or their cooperation therein.
-. Habitual delinquency shall hae the follo%ing effects:

;a< 9pon a third coniction the culprit shall be sentenced to the penalty proided by la% for the
last crime of %hich he be found guilty and to the additional penalty of prision correccional in its
medium and ma'imum periods(
;b< 9pon a fourth coniction, the culprit shall be sentenced to the penalty proided for the last
crime of %hich he be found guilty and to the additional penalty of prision mayor in its minimum and
medium periods( and
;c< 9pon a fifth or additional coniction, the culprit shall be sentenced to the penalty proided
for the last crime of %hich he be found guilty and to the additional penalty of prision mayor in its
ma'imum period to reclusion temporal in its minimum period.
7ot%ithstanding the proisions of this article, the total of the t%o penalties to be imposed upon the
offender, in conformity here%ith, shall in no case e'ceed *> years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is %ithin a period
of ten years from the date of his release or last coniction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third
time or oftener.
$rt. 3*. Rules for the application of indiisible penalties. J In all cases in %hich the la% prescribes a
single indiisible penalty, it shall be applied by the courts regardless of any mitigating or aggraating
circumstances that may hae attended the commission of the deed.
In all cases in %hich the la% prescribes a penalty composed of t%o indiisible penalties, the follo%ing
rules shall be obsered in the application thereof:
1. .hen in the commission of the deed there is present only one aggraating circumstance, the
greater penalty shall be applied.
2. .hen there are neither mitigating nor aggraating circumstances and there is no aggraating
circumstance, the lesser penalty shall be applied.
*. .hen the commission of the act is attended by some mitigating circumstances and there is no
aggraating circumstance, the lesser penalty shall be applied.
+. .hen both mitigating and aggraating circumstances attended the commission of the act, the
court shall reasonably allo% them to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance %ith the preceding rules, according
to the result of such compensation.
$rt. 3+. Rules for the application of penalties %hich contain three periods. J In cases in %hich the
penalties prescribed by la% contain three periods, %hether it be a single diisible penalty or
composed of three different penalties, each one of %hich forms a period in accordance %ith the
proisions of $rticles C3 and CC, the court shall obsere for the application of the penalty the
follo%ing rules, according to %hether there are or are not mitigating or aggraating circumstances:
1. .hen there are neither aggraating nor mitigating circumstances, they shall impose the penalty
prescribed by la% in its medium period.
2. .hen only a mitigating circumstances is present in the commission of the act, they shall impose
the penalty in its minimum period.
*. .hen an aggraating circumstance is present in the commission of the act, they shall impose
the penalty in its ma'imum period.
+. .hen both mitigating and aggraating circumstances are present, the court shall reasonably
offset those of one class against the other according to their relatie %eight.
-. .hen there are t%o or more mitigating circumstances and no aggraating circumstances are
present, the court shall impose the penalty ne't lo%er to that prescribed by la%, in the period that it
may deem applicable, according to the number and nature of such circumstances.
3. .hateer may be the number and nature of the aggraating circumstances, the courts shall not
impose a greater penalty than that prescribed by la%, in its ma'imum period.
C. .ithin the limits of each period, the court shall determine the e'tent of the penalty according to
the number and nature of the aggraating and mitigating circumstances and the greater and lesser
e'tent of the eil produced by the crime.
$rt. 3-. Rule in cases in %hich the penalty is not composed of three periods. J In cases in %hich the
penalty prescribed by la% is not composed of three periods, the courts shall apply the rules contained
in the foregoing articles, diiding into three equal portions of time included in the penalty prescribed,
and forming one period of each of the three portions.
$rt. 33. Imposition of fines. J In imposing fines the courts may fi' any amount %ithin the limits
established by la%( in fi'ing the amount in each case attention shall be gien, not only to the
mitigating and aggraating circumstances, but more particularly to the %ealth or means of the
culprit.
$rt. 3C. &enalty to be imposed %hen not all the requisites of e'emption of the fourth circumstance of
$rticle 12 are present.J .hen all the conditions required in circumstances 7umber + of $rticle 12 of
this ,ode to e'empt from criminal liability are not present, the penalty of arresto mayor in its
ma'imum period to prision correccional in its minimum period shall be imposed upon the culprit if he
shall hae been guilty of a grae felony, and arresto mayor in its minimum and medium periods, if of
a less grae felony.chan robles irtual la% library
$rt. 3E. &enalty to be imposed upon a person under eighteen years of age. J .hen the offender is a
minor under eighteen years and his case is one coming under the proisions of the paragraphs ne't
to the last of $rticle E> of this ,ode, the follo%ing rules shall be obsered:
1. 9pon a person under fifteen but oer nine years of age, %ho is not e'empted from liability by
reason of the court haing declared that he acted %ith discernment, a discretionary penalty shall be
imposed, but al%ays lo%er by t%o degrees at least than that prescribed by la% for the crime %hich he
committed.
2. 9pon a person oer fifteen and under eighteen years of age the penalty ne't lo%er than that
prescribed by la% shall be imposed, but al%ays in the proper period.
$rt. 3A. &enalty to be imposed %hen the crime committed is not %holly e'cusable. J $ penalty lo%er
by one or t%o degrees than that prescribed by la% shall be imposed if the deed is not %holly
e'cusable by reason of the lac# of some of the conditions required to justify the same or to e'empt
from criminal liability in the seeral cases mentioned in $rticle 11 and 12, proided that the majority
of such conditions be present. )he courts shall impose the penalty in the period %hich may be
deemed proper, in ie% of the number and nature of the conditions of e'emption present or lac#ing.
$rt. C>. /uccessie serice of sentence. J .hen the culprit has to sere t%o or more penalties, he
shall sere them simultaneously if the nature of the penalties %ill so permit other%ise, the follo%ing
rules shall be obsered:
In the imposition of the penalties, the order of their respectie seerity shall be follo%ed so that they
may be e'ecuted successiely or as nearly as may be possible, should a pardon hae been granted
as to the penalty or penalties first imposed, or should they hae been sered out.
For the purpose of applying the proisions of the ne't preceding paragraph the respectie seerity of
the penalties shall be determined in accordance %ith the follo%ing scale:
1. 2eath,
2. Reclusion perpetua,
*. Reclusion temporal,
+. &rision mayor,
-. &rision correccional,chan robles irtual la% library
3. $rresto mayor,
C. $rresto menor,
E. 2estierro,
A. &erpetual absolute disqualification,
1> )emporal absolute disqualification.
11. /uspension from public office, the right to ote and be oted for, the right to follo% a
profession or calling, and
12. &ublic censure.
7ot%ithstanding the proisions of the rule ne't preceding, the ma'imum duration of the conict4s
sentence shall not be more than three"fold the length of time corresponding to the most seere of
the penalties imposed upon him. 7o other penalty to %hich he may be liable shall be inflicted after
the sum total of those imposed equals the same ma'imum period.
/uch ma'imum period shall in no case e'ceed forty years.
In applying the proisions of this rule the duration of perpetual penalties ;pena perpetua< shall be
computed at thirty years. ;$s amended<.
$rt. C1. 6raduated scales. J In the case in %hich the la% prescribed a penalty lo%er or higher by one
or more degrees than another gien penalty, the rules prescribed in $rticle 31 shall be obsered in
graduating such penalty.
)he lo%er or higher penalty shall be ta#en from the graduated scale in %hich is comprised the gien
penalty.
)he courts, in applying such lo%er or higher penalty, shall obsere the follo%ing graduated scales:
/,$=! 70. 1
1. 2eath,
2. Reclusion perpetua,
*. Reclusion temporal,
+. &rision mayor,
-. &rision correccional,
3. $rresto mayor,
C. 2estierro,
E. $rresto menor,
A. &ublic censure,
1>. Fine.

/,$=! 70. 2
1. &erpetual absolute disqualification,
2. )emporal absolute disqualification
*. /uspension from public office, the right to ote and be
oted for, the right to follo% a profession or calling,
+. &ublic censure,
-. Fine.
$rt. C2. &reference in the payment of the ciil liabilities. J )he ciil liabilities of a person found guilty
of t%o or more offenses shall be satisfied by follo%ing the chronological order of the dates of the
judgments rendered against him, beginning %ith the first in order of time.

/ection )hree. J &roisions common in the last t%o preceding sections

$rt. C*. &resumption in regard to the imposition of accessory penalties. J .heneer the courts shall
impose a penalty %hich, by proision of la%, carries %ith it other penalties, according to the
proisions of $rticles +>, +1, +2, +* and ++ of this ,ode, it must be understood that the accessory
penalties are also imposed upon the conict.
$rt. C+. &enalty higher than reclusion perpetua in certain cases. J In cases in %hich the la%
prescribes a penalty higher than another gien penalty, %ithout specially designating the name of the
former, if such higher penalty should be that of death, the same penalty and the accessory penalties
of $rticle +>, shall be considered as the ne't higher penalty.
$rt. C-. Increasing or reducing the penalty of fine by one or more degrees. J .heneer it may be
necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or
reduced, respectiely, for each degree, by one"fourth of the ma'imum amount prescribed by la%,
%ithout ho%eer, changing the minimum.
)he same rules shall be obsered %ith regard of fines that do not consist of a fi'ed amount, but are
made proportional.
$rt. C3. =egal period of duration of diisible penalties. J )he legal period of duration of diisible
penalties shall be considered as diided into three parts, forming three periods, the minimum, the
medium, and the ma'imum in the manner sho%n in the follo%ing table:
)$1=! /H0.I76 )H! 29R$)I07 0F 2IBI/I1=! &!7$=)I!/ $72 )H! )I8! I7,=92!2 I7 !$,H 0F
)H!IR &!RI02/
&enalties

)ime included in the penalty in its entirety

)ime included in its minimum period

)ime included in its medium period

)ime included in its ma'imum
Reclusion temporal From 12 years and 1 day to 2> years. From 12 years and 1 day to 1+ years
and E months. From 1+ years, E months and 1 day to 1C years and + months. From 1C years, +
months and 1 day to 2> years.
&rision mayor, absolute disqualification and special temporary disqualification From 3 years and 1
day to 12 years. From 3 years and 1 day to E years. From E years and 1 day to 1> years.
From 1> years and 1 day to 12 years.
&rision correccional, suspension and destierro From 3 months and 1 day to 3 years. From 3
months and 1 day to 2 years and + months. From 2 years, + months and 1 day to + years and 2
months. From + years, 2 months and 1 day to 3 years.
$rresto mayor From 1 month and 1 day to months. From 1 to 2 months. From 2 months and
1 day to + months. From + months and 1 day to 3 months.
$rresto menor From 1 to *> days. From 1 to 1> days. From 11 to 2> days. From 21 to *>
days.

$rt. CC. .hen the penalty is a comple' one composed of three distinct penalties. J In cases in %hich
the la% prescribes a penalty composed of three distinct penalties, each one shall form a period( the
lightest of them shall be the minimum the ne't the medium, and the most seere the ma'imum
period.
.heneer the penalty prescribed does not hae one of the forms specially proided for in this ,ode,
the periods shall be distributed, applying by analogy the prescribed rules.

,hapter Fie
!L!,9)I07 $72 /!RBI,! 0F &!7$=)I!/

/ection 0ne. J 6eneral &roisions

$rt. CE. .hen and ho% a penalty is to be e'ecuted. J 7o penalty shall be e'ecuted e'cept by irtue
of a final judgment.
$ penalty shall not be e'ecuted in any other form than that prescribed by la%, nor %ith any other
circumstances or incidents than those e'pressly authori?ed thereby.
In addition to the proisions of the la%, the special regulations prescribed for the goernment of the
institutions in %hich the penalties are to be suffered shall be obsered %ith regard to the character of
the %or# to be performed, the time of its performance, and other incidents connected there%ith, the
relations of the conicts among themseles and other persons, the relief %hich they may receie, and
their diet.
)he regulations shall ma#e proision for the separation of the se'es in different institutions, or at
least into different departments and also for the correction and reform of the conicts.
$rt. CA. /uspension of the e'ecution and serice of the penalties in case of insanity. J .hen a
conict shall become insane or an imbecile after final sentence has been pronounced, the e'ecution
of said sentence shall be suspended only %ith regard to the personal penalty, the proisions of the
second paragraph of circumstance number 1 of $rticle 12 being obsered in the corresponding cases.
If at any time the conict shall recoer his reason, his sentence shall be e'ecuted, unless the penalty
shall hae prescribed in accordance %ith the proisions of this ,ode.
)he respectie proisions of this section shall also be obsered if the insanity or imbecility occurs
%hile the conict is sering his sentence.
$rt. E>. /uspension of sentence of minor delinquents. J .heneer a minor of either se', under
si'teen years of age at the date of the commission of a grae or less grae felony, is accused thereof,
the court, after hearing the eidence in the proper proceedings, instead of pronouncing judgment of
coniction, shall suspend all further proceedings and shall commit such minor to the custody or care
of a public or priate, beneolent or charitable institution, established under the la% of the care,
correction or education of orphaned, homeless, defectie, and delinquent children, or to the custody
or care of any other responsible person in any other place subject to isitation and superision by the
2irector of &ublic .elfare or any of his agents or representaties, if there be any, or other%ise by the
superintendent of public schools or his representaties, subject to such conditions as are prescribed
hereinbelo% until such minor shall hae reached his majority age or for such less period as the court
may deem proper. chan robles irtual la% library
)he court, in committing said minor as proided aboe, shall ta#e into consideration the religion of
such minor, his parents or ne't of #in, in order to aoid his commitment to any priate institution not
under the control and superision of the religious sect or denomination to %hich they belong.
)he 2irector of &ublic .elfare or his duly authori?ed representaties or agents, the superintendent of
public schools or his representaties, or the person to %hose custody or care the minor has been
committed, shall submit to the court eery four months and as often as required in special cases, a
%ritten report on the good or bad conduct of said minor and the moral and intellectual progress made
by him.
)he suspension of the proceedings against a minor may be e'tended or shortened by the court on
the recommendation of the 2irector of &ublic .elfare or his authori?ed representatie or agents, or
the superintendent of public schools or his representaties, according as to %hether the conduct of
such minor has been good or not and %hether he has complied %ith the conditions imposed upon
him, or not. )he proisions of the first paragraph of this article shall not, ho%eer, be affected by
those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the
first paragraph of this article, %ith the approal of the 2irector of &ublic .elfare and subject to such
conditions as this official in accordance %ith la% may deem proper to impose, such minor may be
allo%ed to stay else%here under the care of a responsible person.
If the minor has behaed properly and has complied %ith the conditions imposed upon him during his
confinement, in accordance %ith the proisions of this article, he shall be returned to the court in
order that the same may order his final release.
In case the minor fails to behae properly or to comply %ith the regulations of the institution to %hich
he has been committed or %ith the conditions imposed upon him %hen he %as committed to the care
of a responsible person, or in case he should be found incorrigible or his continued stay in such
institution should be inadisable, he shall be returned to the court in order that the same may render
the judgment corresponding to the crime committed by him.
)he e'penses for the maintenance of a minor delinquent confined in the institution to %hich he has
been committed, shall be borne totally or partially by his parents or relaties or those persons liable
to support him, if they are able to do so, in the discretion of the court( &roided, )hat in case his
parents or relaties or those persons liable to support him hae not been ordered to pay said
e'penses or are found indigent and cannot pay said e'penses, the municipality in %hich the offense
%as committed shall pay one"third of said e'penses( the proince to %hich the municipality belongs
shall pay one"third( and the remaining one"third shall be borne by the 7ational 6oernment:
&roided, ho%eer, )hat %heneer the /ecretary of Finance certifies that a municipality is not able to
pay its share in the e'penses aboe mentioned, such share %hich is not paid by said municipality
shall be borne by the 7ational 6oernment. ,hartered cities shall pay t%o"thirds of said e'penses(
and in case a chartered city cannot pay said e'penses, the internal reenue allotments %hich may be
due to said city shall be %ithheld and applied in settlement of said indebtedness in accordance %ith
section fie hundred and eighty"eight of the $dministratie ,ode. chan robles irtual la% library

/ection )%o. J !'ecution of principal penalties.

$rt. E1. .hen and ho% the death penalty is to be e'ecuted. J )he death sentence shall be e'ecuted
%ith reference to any other and shall consist in putting the person under sentence to death by
electrocution. )he death sentence shall be e'ecuted under the authority of the 2irector of &risons,
endeaoring so far as possible to mitigate the sufferings of the person under sentence during
electrocution as %ell as during the proceedings prior to the e'ecution.
If the person under sentence so desires, he shall be anaestheti?ed at the moment of the
electrocution.
$rt. E2. 7otification and e'ecution of the sentence and assistance to the culprit. J )he court shall
designate a %or#ing day for the e'ecution but not the hour thereof( and such designation shall not be
communicated to the offender before sunrise of said day, and the e'ecution shall not ta#e place until
after the e'piration of at least eight hours follo%ing the notification, but before sunset. 2uring the
interal bet%een the notification and the e'ecution, the culprit shall, in so far as possible, be
furnished such assistance as he may request in order to be attended in his last moments by priests
or ministers of the religion he professes and to consult la%yers, as %ell as in order to ma#e a %ill and
confer %ith members of his family or persons in charge of the management of his business, of the
administration of his property, or of the care of his descendants.
$rt. E*. /uspension of the e'ecution of the death sentence. J )he death sentence shall not be
inflicted upon a %oman %ithin the three years ne't follo%ing the date of the sentence or %hile she is
pregnant, nor upon any person oer seenty years of age. In this last case, the death sentence shall
be commuted to the penalty of reclusion perpetua %ith the accessory penalties proided in $rticle +>.
$rt. E+. &lace of e'ecution and persons %ho may %itness the same. J )he e'ecution shall ta#e place
in the penitentiary of 1ilibid in a space closed to the public ie% and shall be %itnessed only by the
priests assisting the offender and by his la%yers, and by his relaties, not e'ceeding si', if he so
request, by the physician and the necessary personnel of the penal establishment, and by such
persons as the 2irector of &risons may authori?e.
$rt. E-. &roisions relatie to the corpse of the person e'ecuted and its burial. J 9nless claimed by
his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to
the e'ecution, be turned oer to the institute of learning or scientific research first applying for it, for
the purpose of study and inestigation, proided that such institute shall ta#e charge of the decent
burial of the remains. 0ther%ise, the 2irector of &risons shall order the burial of the body of the
culprit at goernment e'pense, granting permission to be present thereat to the members of the
family of the culprit and the friends of the latter. In no case shall the burial of the body of a person
sentenced to death be held %ith pomp.chan robles irtual la% library
$rt. E3. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto
mayor. J )he penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor, shall be e'ecuted and sered in the places and penal establishments proided by
the $dministratie ,ode in force or %hich may be proided by la% in the future.
$rt. EC. 2estierro. J $ny person sentenced to destierro shall not be permitted to enter the place or
places designated in the sentence, nor %ithin the radius therein specified, %hich shall be not more
than 2-> and not less than 2- #ilometers from the place designated.
$rt. EE. $rresto menor. J )he penalty of arresto menor shall be sered in the municipal jail, or in the
house of the defendant himself under the sureillance of an officer of the la%, %hen the court so
proides in its decision, ta#ing into consideration the health of the offender and other reasons %hich
may seem satisfactory to it.

)itle Four

!L)I7,)I07 0F ,RI8I7$= =I$1I=I)K

,hapter 0ne
)0)$= !L)I7,)I07 0F ,RI8I7$= =I$1I=I)K

$rt. EA. Ho% criminal liability is totally e'tinguished. J ,riminal liability is totally e'tinguished:
1. 1y the death of the conict, as to the personal penalties and as to pecuniary penalties, liability
therefor is e'tinguished only %hen the death of the offender occurs before final judgment.
2. 1y serice of the sentence(
*. 1y amnesty, %hich completely e'tinguishes the penalty and all its effects(
+. 1y absolute pardon(
-. 1y prescription of the crime(
3. 1y prescription of the penalty(
C. 1y the marriage of the offended %oman, as proided in $rticle *++ of this ,ode.
$rt. A>. &rescription of crime. J ,rimes punishable by death, reclusion perpetua or reclusion
temporal shall prescribe in t%enty years.
,rimes punishable by other afflictie penalties shall prescribe in fifteen years.
)hose punishable by a correctional penalty shall prescribe in ten years( %ith the e'ception of those
punishable by arresto mayor, %hich shall prescribe in fie years.
)he crime of libel or other similar offenses shall prescribe in one year.
)he crime of oral defamation and slander by deed shall prescribe in si' months.
=ight offenses prescribe in t%o months.chan robles irtual la% library
.hen the penalty fi'ed by la% is a compound one, the highest penalty shall be made the basis of the
application of the rules contained in the first, second and third paragraphs of this article. ;$s
amended by R$ +331, approed Dune 1A, 1A33<.
$rt. A1. ,omputation of prescription of offenses. J )he period of prescription shall commence to run
from the day on %hich the crime is discoered by the offended party, the authorities, or their agents,
and shall be interrupted by the filing of the complaint or information, and shall commence to run
again %hen such proceedings terminate %ithout the accused being conicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.
)he term of prescription shall not run %hen the offender is absent from the &hilippine $rchipelago.
$rt. A2. .hen and ho% penalties prescribe. J )he penalties imposed by final sentence prescribe as
follo%s:
1. 2eath and reclusion perpetua, in t%enty years(
2. 0ther afflictie penalties, in fifteen years(
*. ,orrectional penalties, in ten years( %ith the e'ception of the penalty of arresto mayor, %hich
prescribes in fie years(
+. =ight penalties, in one year.
$rt. A*. ,omputation of the prescription of penalties. J )he period of prescription of penalties shall
commence to run from the date %hen the culprit should eade the serice of his sentence, and it
shall be interrupted if the defendant should gie himself up, be captured, should go to some foreign
country %ith %hich this 6oernment has no e'tradition treaty, or should commit another crime before
the e'piration of the period of prescription.
,hapter )%o
&$R)I$= !L)I7,)I07 0F ,RI8I7$= =I$1I=I)K
$rt. A+. &artial !'tinction of criminal liability. J ,riminal liability is e'tinguished partially:
1. 1y conditional pardon(
2. 1y commutation of the sentence( and
*. For good conduct allo%ances %hich the culprit may earn %hile he is sering his sentence.
$rt. A-. 0bligation incurred by person granted conditional pardon. J $ny person %ho has been
granted conditional pardon shall incur the obligation of complying strictly %ith the conditions imposed
therein other%ise, his non"compliance %ith any of the conditions specified shall result in the
reocation of the pardon and the proisions of $rticle 1-A shall be applied to him.
$rt. A3. !ffect of commutation of sentence. J )he commutation of the original sentence for another
of a different length and nature shall hae the legal effect of substituting the latter in the place of the
former.
$rt. AC. $llo%ance for good conduct. J )he good conduct of any prisoner in any penal institution
shall entitle him to the follo%ing deductions from the period of his sentence:
1. 2uring the first t%o years of his imprisonment, he shall be allo%ed a deduction of fie days for
each month of good behaior(
2. 2uring the third to the fifth year, inclusie, of his imprisonment, he shall be allo%ed a deduction
of eight days for each month of good behaior(
*. 2uring the follo%ing years until the tenth year, inclusie, of his imprisonment, he shall be
allo%ed a deduction of ten days for each month of good behaior( and
+. 2uring the eleenth and successie years of his imprisonment, he shall be allo%ed a deduction
of fifteen days for each month of good behaior.chan robles irtual la% library
$rt. AE. /pecial time allo%ance for loyalty. J $ deduction of one"fifth of the period of his sentence
shall be granted to any prisoner %ho, haing eaded the serice of his sentence under the
circumstances mentioned in $rticle -E of this ,ode, gies himself up to the authorities %ithin +E
hours follo%ing the issuance of a proclamation announcing the passing a%ay of the calamity or
catastrophe to in said article.
$rt. AA. .ho grants time allo%ances. J .heneer la%fully justified, the 2irector of &risons shall
grant allo%ances for good conduct. /uch allo%ances once granted shall not be reo#ed.

)itle Fie

,IBI= =I$1I=I)K

,hapter 0ne
&!R/07 ,IBI==K =I$1=! F0R F!=07I!/

$rt. 1>>. ,iil liability of a person guilty of felony. J !ery person criminally liable for a felony is also
ciilly liable.
$rt. 1>1. Rules regarding ciil liability in certain cases. J )he e'emption from criminal liability
established in subdiisions 1, 2, *, - and 3 of $rticle 12 and in subdiision + of $rticle 11 of this ,ode
does not include e'emption from ciil liability, %hich shall be enforced subject to the follo%ing rules:
First. In cases of subdiisions 1, 2, and * of $rticle 12, the ciil liability for acts committed by an
imbecile or insane person, and by a person under nine years of age, or by one oer nine but under
fifteen years of age, %ho has acted %ithout discernment, shall deole upon those haing such
person under their legal authority or control, unless it appears that there %as no fault or negligence
on their part.
/hould there be no person haing such insane, imbecile or minor under his authority, legal
guardianship or control, or if such person be insolent, said insane, imbecile, or minor shall respond
%ith their o%n property, e'cepting property e'empt from e'ecution, in accordance %ith the ciil la%.
/econd. In cases falling %ithin subdiision + of $rticle 11, the persons for %hose benefit the harm has
been preented shall be ciilly liable in proportion to the benefit %hich they may hae receied.
)he courts shall determine, in sound discretion, the proportionate amount for %hich each one shall be
liable.
.hen the respectie shares cannot be equitably determined, een appro'imately, or %hen the
liability also attaches to the 6oernment, or to the majority of the inhabitants of the to%n, and, in all
eents, %heneer the damages hae been caused %ith the consent of the authorities or their agents,
indemnification shall be made in the manner prescribed by special la%s or regulations.
)hird. In cases falling %ithin subdiisions - and 3 of $rticle 12, the persons using iolence or causing
the fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act
shall be liable, saing al%ays to the latter that part of their property e'empt from e'ecution.
$rt. 1>2. /ubsidiary ciil liability of inn#eepers, taern#eepers and proprietors of establishments. J
In default of the persons criminally liable, inn#eepers, taern#eepers, and any other persons or
corporations shall be ciilly liable for crimes committed in their establishments, in all cases %here a
iolation of municipal ordinances or some general or special police regulation shall hae been
committed by them or their employees.
Inn#eepers are also subsidiarily liable for the restitution of goods ta#en by robbery or theft %ithin
their houses from guests lodging therein, or for the payment of the alue thereof, proided that such
guests shall hae notified in adance the inn#eeper himself, or the person representing him, of the
deposit of such goods %ithin the inn( and shall furthermore hae follo%ed the directions %hich such
inn#eeper or his representatie may hae gien them %ith respect to the care and igilance oer
such goods. 7o liability shall attach in case of robbery %ith iolence against or intimidation of persons
unless committed by the inn#eeper4s employees.chan robles irtual la% library
$rt. 1>*. /ubsidiary ciil liability of other persons. J )he subsidiary liability established in the ne't
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any
#ind of industry for felonies committed by their serants, pupils, %or#men, apprentices, or employees
in the discharge of their duties.

,hapter )%o
.H$) ,IBI= =I$1I=I)K I7,=92!/

$rt. 1>+. .hat is included in ciil liability. J )he ciil liability established in $rticles 1>>, 1>1, 1>2,
and 1>* of this ,ode includes:
1. Restitution(
2. Reparation of the damage caused(
*. Indemnification for consequential damages.
$rt. 1>-. Restitution( Ho% made. J )he restitution of the thing itself must be made %heneer
possible, %ith allo%ance for any deterioration, or diminution of alue as determined by the court.
)he thing itself shall be restored, een though it be found in the possession of a third person %ho has
acquired it by la%ful means, saing to the latter his action against the proper person, %ho may be
liable to him.
)his proision is not applicable in cases in %hich the thing has been acquired by the third person in
the manner and under the requirements %hich, by la%, bar an action for its recoery.
$rt. 1>3. Reparation( Ho% made. J )he court shall determine the amount of damage, ta#ing into
consideration the price of the thing, %heneer possible, and its special sentimental alue to the
injured party, and reparation shall be made accordingly.chan robles irtual la% library
$rt. 1>C. Indemnification( .hat is included. J Indemnification for consequential damages shall
include not only those caused the injured party, but also those suffered by his family or by a third
person by reason of the crime.
$rt. 1>E. 0bligation to ma#e restoration, reparation for damages, or indemnification for
consequential damages and actions to demand the same( 9pon %hom it deoles. J )he obligation
to ma#e restoration or reparation for damages and indemnification for consequential damages
deoles upon the heirs of the person liable.
)he action to demand restoration, reparation, and indemnification li#e%ise descends to the heirs of
the person injured.
$rt. 1>A. /hare of each person ciilly liable. J If there are t%o or more persons ciilly liable for a
felony, the courts shall determine the amount for %hich each must respond.
$rt. 11>. /eeral and subsidiary liability of principals, accomplices and accessories of a felony(
&reference in payment. J 7ot%ithstanding the proisions of the ne't preceding article, the principals,
accomplices, and accessories, each %ithin their respectie class, shall be liable seerally ;in solidum<
among themseles for their quotas, and subsidiaries for those of the other persons liable.
)he subsidiary liability shall be enforced, first against the property of the principals( ne't, against
that of the accomplices, and, lastly, against that of the accessories.
.heneer the liability in solidum or the subsidiary liability has been enforced, the person by %hom
payment has been made shall hae a right of action against the others for the amount of their
respectie shares.
$rt. 111. 0bligation to ma#e restitution in certain cases. J $ny person %ho has participated
gratuitously in the proceeds of a felony shall be bound to ma#e restitution in an amount equialent to
the e'tent of such participation.

,hapter )hree
!L)I7,)I07 $72 /9RBIB$= 0F ,IBI= =I$1I=I)K

$rt. 112. !'tinction of ciil liability. J ,iil liability established in $rticles 1>>, 1>1, 1>2, and 1>* of
this ,ode shall be e'tinguished in the same manner as obligations, in accordance %ith the proisions
of the ,iil =a%.
.
$rt. 11*. 0bligation to satisfy ciil liability. J !'cept in case of e'tinction of his ciil liability as
proided in the ne't preceding article the offender shall continue to be obliged to satisfy the ciil
liability resulting from the crime committed by him, not%ithstanding the fact that he has sered his
sentence consisting of depriation of liberty or other rights, or has not been required to sere the
same by reason of amnesty, pardon, commutation of sentence or any other reason.