EI.

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

COMPILED and EDITED

Prof . Corme[.0 V. Sison

Atty. GLsella N. Dizon-Reyes

Atttt. Appk. L. MeQan
Mr Paulo N. Born6ase

DESIGN and LAYOUT

Ms, Mo. Luisc D.

kfen-Tiro[

BUSINESS and CIRCULATION

Mr.Pimo

S.

Arifias

Ms. Elennor Y. Arzndon

Ms. A(ano M. Rogo
Mr. Erenio P. Liwa4

TABLE OF CONTENTS
ITLE

ONE - Crimes Against National Securi$

and the Law of Nations
Chapter One - Crimes Against National Security....,.. ..,.............,,1

Att
Art
Art

114, Treason
115, Consplracy and proposal to commit treason
116, l4isprisidn of treason

Att, 117. Esplonage

Art 118, Inciting to war or giving motives for reprisals
Art. 119, Wolatfon of neutrality
At1. 120, Corespor;dence with hostile country
121, Flght to enemyb country
Art. 122, Pirary in general and mutiny on the high seas
or in Phillppine waters
Att 123. Qualified phacy

Art

TITLE TWO

Crimes Against the Fundamental Laws of the State

Chapter One - Arbitrary Detention or Expulsion,
Violation of Dwelling, Prohibition, interruption, and
Dissolution of Peaceful Meetings and Crimes Against

Religious

Worship..,....

...........,......,........5

Art. 124. Arbitrary detention

Aft, 125. Delay in the delivery of detained persons
to the proper judicial authoritbs
Art. 126. Delaying rclease

Art 127. Expulsion

Art 128. Vlolation of domicile

Art: 129, Search warants maliciously obtainee and abuse

in the service of those legally obtained
without witnesses
Ar1. 131, Prohibition, intenupilon, and dtssoludon

Att,

130,; Searctting domicile

peaceful meetings
Art. 132, Intenuption of religious worship
Art, 133. Otrending the religious feelings

TITLE THREE

Crimes Against Public Order

Chapter One

and

of

Rebellion, Coup dbtat, Sedition,

Disloyalty....,........:...

........,.,.............9

Ar1, 134. Rebellion or insurrection

Art 134-A. Coup d'Ctat
Att, 135. Penalty for rebellion, insurection or mup d'dtat

llt

Att

TITLE FOUR - Crimes Against Public Interest

Chapter One -

136. Conspinq and proposal to commit coup d'6tat,

rebellion or insurection
Aft, 137. Disloyalty o'' public officers or employees
Arl'. 138. Inciting to rebel/ion or insurrection
Art. 139. Sedition
Att. 140. Penalty br sedition
Att 141. Conspiracy to commit sedition
Art 142, Inclting to seditlon

Forgeries,....

,...............22
Att, J61, Counterfeiting the great seal of the Government
of the Philippine Islands, forging the signature or
stamp of the Chief Executive

- Crimes Against Popular Representation..,,.,......13

Art, 143, AcB tendlng to prevent the meethg of the

Chapter Two

Assembly and similar bodles

Att. 144. Disturbance of proceedings

Art. 145. Wotation of parliamentary immunity

Chapter Three

forged notes and documents

Art, 167. Counterfeiting, importing, and uttering instruments

Illegal

Assem blies and Associatirtns,.,,.,..,,,.,.., 1"4

Art, 145. Illegal assemblies
Att, 14/. Illegal associations

Chapter Four - Assault Upon, and Resistance and Disobedience

to, Persons in Authority and Their Agents.....,.......,....................16
Art. 148, Direct assaults
Att. 149. Indirect assau/ts

Art.

no; payable to bearer

Att.
Art.
Art.
Art.

Art,

150. Disobedience to sunmons issued by the Alational

Att.

Assembly, its committees or subcommittees, lty the

Constitutiona I Commrsslons, its committees,
subcommittees or divlsron s
Art. 151. Resistance and disobedtence to a person ln authorrty
or the agents of such person
Att. 152. Persons rn authoriry and agents of persons in authority

Chapter Five

Att.
Aft.

Public

Disorders............,

Art.

Art,

..,.,,,,....,....,18

153. Tumults and other disturbances of public orders

154, tlnlawful use of means of publiation and
unlavvful utterances
Att, 155. Alarms and scandals
Att. 156. Delivering prisoners from jail

Chapter Six

Evasiopl 91'(n 'ri1s

Att. 157. Evasion gf :e'

Art.

Art, 162, Using forged signature or counteffeit seal or stamp

ALt. /53. l4aking and importing and uttenng false coin
Att. 164. Mutilation of coins
Att. 165, Selling of false or mutilated coin, without connivance
Att, 166" Forgrng treasury or bank notes or other documents
payable to bearer,' importing and utt.?ring such false or

t,.-

158, Evasion af serulce

i:r':,en[g.i''
. -,:

:jt :eti:':t!i: clt

,20

r"ne 1.,-i-astot!

of disorder, canflaEiatlc':1t earthquakes, ot' ct'her calamitres

Art. i59. Otlter cases of evaston of service of sentence

Chapter Seven - Commission of Another Crime During Service
of Penalty imposed for Another Previous Offense1.,,...,. .,......,.,..,22.
Art. 160, Commission of another crime during service
of penalty imposed for another previous offense

.168, Illegal possession and use

of false treasury or bank

notes and other instruments of credit
t69, How lbrgery is committed
J70. falsification of legislative documents
171. Falsificatlon by public officer, employee or notary or
ecclesiastica I minister
1n. Falsification of wlreless, cable, telegraph and telephone
ntessaget and use of said falsified messages
174. False medical certificates, false certificates of
merits or service, etc.
J75. Using false certificates
176. Manufacturlng and possession of instruntents or
implements for fa lsrfica tion

..........

Chapter Two - Other Fa|sities.......

Att, / 77, Usurpation of authority or ol'ficial functlons

.............,.29

Art. 178, Using fictitious name and concealing true name

Att, i79, Illegal use of unlforms or insignia
ALt. i80. False testimony against a defendant
Att, 181, false testimony favorable to the defendant
Art. !82. False testimony in civil cases
Art, i83. False testimony ln other cases and perjury tn
sotenm afrtrnteiicn

Art" 184, Offerrng

Chapter Three

Att.
Att.

'i;:lse tesfimony rn evidence

- Frauds.........

...............32

185, Machinations in public auctions

186, Monopolies and combinalions in restraint of trade

Art, .18V, Importation and drsposltion of false/y marked

aticles or merchand,ise made of gold, si/ver, or other
preclous metals or their alloys

Att. 188. Substituting and a/tering trddemarks, tradenanes,

or seruice marks
Att. 189. Unfair ampetition, fraudulent registtdtion of tradenanrc.
trademark, or servlce mark, fraudulent desig,nation of origln,
and fa/se description

TITLE FIVE

crimes Relative to opium and other prohibited

TTTLE SiX - Crimes Against pubtic Morals

Chapter One - Gambling and

....,..,...,..,....34

195, What acts are punishab/e in gambling

Att. 195, Impoftation, sa/e and possession of lottery tickets

or advertisenrents
Att. 197. Eetting in spolt contests
Att, 198. Illegal bettitg on horse race
Att. 199. Iuegal cockfighting

Chapter Two

Offenses Against Decency and Good Customs,..37

Art 200. Grave scandal

exhibitions and indecent shows

Att, 202. Vagrants and prostitutes,, penalty

Preliminary

Malfeasance and Misfeasance in Office...,.. .......39

.................38

Art. 204. Knowingly renderrng unlust judgment

At't. 205. Judgment rendered through negligence

Att. 207. l"lalicious delay in ihe administration of justice
Att. 209. Betrayal of trust by dn attorney or solicitor *
revelatton of secrets
Att. 210. Direct bribery
Art. 211. Indirect bribery
Art. 2ll-4. Qualified brlbery
Att. 212. Coruption of pub/ic officlals

Chapter Three
and

Frauds and Illegal Exactions

Transactions.....,.,,..

...............,....42

Att. 213, Frauds against the public treasury and sltnilar offenses
Art, 2J4. Other frauds
Att, 215. Prohibited transactions

Att. 216, Possession of prohtbited lnterest by a putilic ofticer

Chapter Four - Malversation of Public Funds or frroperty.....,....44
Att. 217, MaA,ersatlon of public funds or property
presu m ptio n

o f m a lve rsa tio

infidelity of public Officers...,...

46

Art 224, Evasion through negligence

Att. 225. Escape of prisoner under the custody of a person

not a public officer

Art, 225. Renoval, concealment, or destruction of documents
Att, 227, Ofticer breaking sea/
Art. 228, Opening of c/osed documents
Art 229, Revelation of secrets by an officer
Art, 230, Public officer revealing secrets af private individual

- Olher Offenses or lrregularities by

Public
......,..,...........49
Att. 231. Open disobedience
Chapter Six

Att. 233. Refusal of assistance

Provisions....

Art. 203. Wrc are public officers

Chapter Two

Att, 232. Disobedience to order of superior officer when said order

was suspended by inferior offlcer

Crimes Committed by public Officers

Chapter One

Chapter Five

Officers....,......,....,

Art, 201, Immoral dodrines, obscene publications and

TITLE SEVEN

accounts before leaving the country

Att, 220, Illegal use of public funds or property

Art. 221. Failure to make delivery of public funds of property
Art, 222. Officers included in the preceding provisions

Att. 223. Connlving with or consenting to evasion

Betting.

Att

Drucrs

Att, 218,,Failure of accountable officer to render accounts

Art. 219,' Failure of a responstble public officer to render

Att. 234'. Refusal to discharge eledive offjce

Att, 235. ltlaltreatmenf of prisoners
Art. 236. Anticipation of duties of a public office
Art. 237. Prolonging performance of duties and oowers
Art. 238. Alsandoninent of office or Wsitan
Art. 239. Usurpation of legislative powers
Att, 240, Usurpation of executive functrons
Att, 241. Usurpation of judicla/ functions
/rrt, 24.?. Disobeying request for disqualification

Att. ?43. Orders or request by executive officerc to any judicial

authority

Att, 244, Unlawful appointments

Att 245. Abuses igainst chastity
TTTLE EIGHT

Crimes Against Persons

life.....,,....,..

CHAPTFR ONF - Destruction of

..........S.1
Att, 246, Paricide
Att. 247, Death or physical injuries inflrcted under exceptional
circumstances

Att, 248. Murder

Art.249, Honicide
Att. 250, Penalty for frustrated paricide, murder or homicide
Att. 251, Death caused in a tumultuous affray

vl
\,1

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

Att. 283. Light threats

Att, 284. Bond for good behavior

Att 253. Giving assistance to suicide

Art 254. Discharge of firearms

Art 285, Other light

Att, 255. Infanticide

Art, 256, Intentional abortion

Att. 257. Unintentional aboftlon

Att. 258. Abortion practiced by the woman herself or by her parents

Art. 259. Abortion pracilced by

of abortrves

a physicran or midwife and clispensing

Att. 260. Responsibi/ity of ltafticipants in a duel

Att. 261. Challenging to a due/
Chapter Two - Physical Injuries.....,..
Art. 252, Mutilation
Art. 263. Serious physical lnlurtes

...................,60

- Rape........,...

..,..,,....,63

Crimes Against Personal Liberty and Securify

Chapter One Crimes Against
..........66

Att

Liberty..,,..,.,

267. Kidnapping and serious iflegal detention

Art. 268. Slight i//ega/ detentton
Art. 269. Unlawful arrest
Att 270. Kidnapping and fai/ure to return a minor
Art. 271, Inducing a mrnor to abandon his home
Att. 272. Slavery
Art, 273. Explr:itation of child labor
Alt. 274, Seruices rendered under compulsion in payment of debt

Chapter Two

- Crimes Against Security....,..

....,.....69

Art, 275, Abandonment of persons in danger and attandonment

of oneS own victim
Att 276, Abandoning a minor
Att, 277. Abandonment of minor by person entruste'd with his
custody; indifference of parents
Art 278, Euploitatlon of minors
Art 2n. Additional penalties for other offenses
Art 280, Qualilled trespass to dwe/ling
Alt 281, Other forms of trespass
An', 282, Grave threats

of

combination of capital or labor through violence or threats

Discovery and Revelalion of Secrets ,............,..75

ArL 290. Discovering secrets through seizure ofcorespondence
Art. 291. Revealing secrets with abuse of office
Att. 292, Revelation of industrial secrets

Crimes Against Property

Chapter One

Art. 266-4. Rape, when and how committed

Art. 266-8. Penalties
Att. 266-C. Effect of pardon
Att. 266-D. Presumptions

TITLE NINE

Art. 288, Other similar coercions

Art. 289. Formation, maintenance, and prohrbition

TITLE TEN

Att. 256. Slight physical injurtes and ma/treatments

threats

Att 285. Grave coercions

Att 287. Llght coercions

Chapter Three

Art, 264. Adntinlstering injurious substances or beverages

Att. 265. Less serious physica/ injuies

Chapter Three

Robbery in

General....

.....................7,

Art, 293. Who are guilU of robbery

Att, 294. Robbery with vio/ence against or intimidation

of

persons
Penalties
Art. 295, Rebbery with physical injuries, committed in an
uninhabited place and by a band, or with the use of
firearm on a street road or alley
Art, 296, Definition of a band and penalty incurred by the
nrcmbers thereof
Art. 297, Attempted and l'rustrated robbery committed under
certa in circumsta n ce.s
Art, 298. Execution of deeds by means of violence or tntlmidation
Att, 299, Robbery in an inhabited house or public building
or edifice devoted to worship
Att, 300, Robbery in an uninhabited place and by a band
Art, 301, What is an inhabited house, pubtic building or building
dedicated to relrgious worship and their dependencies
Att. 302. Robbery in an uninhabited place or in a private building
Art. 303r Robbery of cereals, fruits, or firewood in an uninhabited
place or private buildlng
Att. 304, Possesslon of picklock or similar Tools
Att, 305, False keys

Chapter Two

- Brigandage..

...,......,....81

Att, 306, l,fho are brigands

Att. 307. Aiding and abetting a band of brigands

Chapter Three

Theft.,....,.....

Art, 308, lilho are liable for thefr

Att, 309, Penalties

Art 310. Qualified theft

.........,..82

vnt

Art 311. Theft of the property of the National

Nalional Museum

Chapter Four

Att

Libravy and

- Usurpation..

312, Orcupation of rea/ property or usurpation

real rights in property
Art. 313. Altering boundaries or landmarks

.....,.....,,..85

of

Culpable Insolvenry...
Att. 314. Fraudu/ent insolvency

Chapter Five
Chapter Six

..,..........,....,.8:;

Swindling and Other Deceits......,.,.,...... ... .........86

Att. 315. Swind/ing (Estafa)

Att. 316. Other forms of swindling
Att. 317. Swinclling a minor

Art. 318. Other decelts

Chapter Seven - Chattel

Mortgage.....

...........,.......91

Arson and Other Crimes

Att. 327. Who are liable for malicious mischief

Art

328, Special cases of mallclous miscnlef

Att. 329. )ther mischtefs
Att 330, Damage and obstruction to means of communication
Att, 331. Destroying or damaging statues, public ntcvruntents or

paintings

Chapter Ten * Exemption from Criminal Liability

Crimes Against

Properg......

Art 332. Persons exempt from criminal liability

TITLE ELEVEN - Crimes Against Chastity

.....,....,...,.94

Chapter One - Adultery and Concubinage....,....,.. ,...........,...... ..94

Att. 333, Wn are guilty of adu/tery
Att. 334. Concubinage

Chapter Two - Rape and Acts of lascivicusness.......,................95

Art. 335, When and how rape ls contntitted
Chapter Three - Seduction, Corruption of Minors, and
White Slave Trade..........
.....,................96
Att. 337, Qualified seduction
Att. 338. Simple seduction

Art.

339. Acts of lasciviousness with the consent of t,he offender p,zrry

Att. 340. Corruption of minors

................97

81even,.,......

..............ct8
Att. 344, Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts af lasciviousness

Art, 345, Civil liability of persons guilty of crimes against chastity

guardians, teachers, or other
Art. 346. Liability of
"tscendants,
persons entrusted with the custody.of the offended pafi

Chapter One

CivilStatus..

Crimes Against the Civil Status of Persons

Simulation of Births and Usurpation of

99

substitution of one child for

another, and concealment or abandanment of a
egitimate chrld
Att. 348, Usurpatton of civi/ status
-747, Simulation of births,

- Illegal
Att 349. Bigamy

Chapter Two

Marriages..............

.........,....1O:)

Art. 350. Illegal marriage

Att. 351, Premature marnage
Art 352, Perfomnnce of i//ega/ marriage ceremony

TITLE THIRTEEN

irr

Abduction....

Chapter Five - Provisions Relative to the Preceding

Chapters of Title

Att,

Destruction.
......,..........,..,,.92
Chapter Nine - Malicious Mischief....... ..,....,...........92
Involving

Att. 342. Farcible abdudion

Att, 343, Consented abduction

TITLE TWELVE

Art. 319. Remova/, sale or pledge of mortgaged pro,oerty

Chapter Eight

Att, 341, White slave trade

Chapter Four

Chapter One

Crimes Against Honor

- 1ibe1...,,...,....

.,,.,.........10i

Att 353. Defrnition

of libel
Att. 354, Requirement for publicity
Att. 355, Libel by means of writlngs or similar means
Art, 356, Threatening to publish and offer to prevent such
publication for a compensation
Att, 357, Prohibited publtcation of acts referred to in the course

of o fficia I p ro ce e din g s
Art, 358. Slander
Art, 359, Slander by deed
Att, 360. Perscns responslble
Art. 361, Proof of the truth
Art 362, Libelous remarks

Machinations

Chapter Two - Incriminatory

Att. 363, Incriminating innocent persons
Art, 354, Intriguing against honor

..........101

TITLE FOURTEEN
Sole Chapter

- Quasi Offenses
- Criminal Negligence..

Art. 365. Imprudence and negligence

APPENDIX "A"

REVISED PENAL CODE OF THE PHILIPPINES

,.....,.,..,........104

BOOK TWO

CRIMES AND'PEIIALTIES

Grave felonies, less grave felonies and

light fe|onies..................

- Classification of penalties.
..,...............107
APPENDIX "C" - Duration of pena|ties.....,..,,......
.........,108

"

APPENDIX "B"

TITLE ONE
Crimes Against National Security

and the Law of Nations

CHAPTER ONE

Crimes Against National Security

t

Art. 114. Treason.

Elements:

(1) Offender is a Filipino gjlizen or tsridenl alien;

(2) There is afyal in which the Philippines is involved;
(3) Offender either (a) levies war against the government or
(b) ?ghgfg5 to her enemies, giving them aid or comfort.

Penalties:

(1\

a fine not to

exceed

to death and a fine not to

exceecr

Reclusidn perpetua to death and

P100,000 if the offender is a Filipino citizen;

(2)

Reclusidn temporal

F100,000 if the offender is a resident alien.

Art. 115. Conspiracy and proposal to commit treason.

r . Elements of cqnspiracv to commit treason;

(1) There isygg in which the Philippines is involved;
(2) At least U9JpJ persons come to an agreeneol to
(a) ISW war against the government or
(b) adhe[g to the enemies, giving them aid-glcomfgE;
(3) They Cecide to commit it.
Penalty: Prisidn mayorand a fine not to exceed P10,000,

S.

(1)
(2)

There islvar in which the Philippines is involved;

At least one person decides to
(a) tzu war against the government or
(b) Adhge to the enemies, giving them aid-or-confo4
(3) He reBgggS its execution to some other persons.
Penalty: Prlsidn coreccionaland a fine not to exceed P5,000.

Art. 116. Misprisi6n of treason.

{ . Elements:

(b) exposure of Filipino citizens

(1) Offender rcS 4jggiA-oc to the Government, and is not a

foreigner;
(2) He has knowledo$ of conspiracy to commit treason against
the Government;
(3) He conqeals or does not disclose and make known the same
as soon as possible to lhe qovernor or [$aJ of the province, or the
mgpr or fiscal of the city in which he resides.
Penalty: Punished as an accessory to the crime of treasorr,

persons or property,
Penalties:

(1)

("

I.

is a

their

public officer or

Art. 119, Violation of neutrality.

Elqnents:
(1) Therc is a war in which the philippines is not involved;
(2) There is a Egglgllgn issued by a com@Eiltl6rty ro

(3) offender viglales,llg reg!g!!g!,

PenAlU: Prisidn correccional,

. (1) Entering, without authority therefor, a warship, fort, or

or military establishment or reseruation to abtain any

information, plans, photographs, or other data of a confidential
nature relative to the defense of the philippines.
(a) Offender-g$eII; any of the places mentionecl;
(b) He has n0 aqthority therefor;
(c) His purpose is to obtain any information, plans,
photographs, or other data of a corrfidential nature relative to
the defense of the Philippines.
. (2) Disclosing to the representative of a foreign nailon the
contents of the articles, data, or information referred to in paragraph
1 of Article 117, which he has in possesslon by reason of the public.
office he ho/ds:
(a) Offender is a public officer.
(u) ne
rhe artictes, data, or
information referred to in paragraph 1 of Article 117,, by reason
of the public office he holds;
(c) He llSSleSeS their contents to a rgplgtative- of a
naval

foreiqo-oatiao

Pe_nalty: Prisidn correccional. The penalty next higher in degree shall

be imposed if the offender is a public officer or employee.

Art. 118. IncitinE to war or giving motives for reprisals.

Elements:

(1) Offenderperforms@;
(2) The acts pgoke or glve cccasion for
(a) a yar involving or liable to involve- the phlllppines;

offender

on

enforce neutrality;

Acts ounished and theirlespective elements;

rii il ffil*l

r.

if

reprisals

emptoyee;
(2) Prisi6n mayorif offender is a private individual,

Art. 117. Espionage.

Reclusidn temporal

to

Art. 120. Correspondence with hostile country.

Elements:

(1) It is in time ofga1 in which the philippines is invotved;

(2) Offender makes cgrresoondenc$ with an enemy gggngy

tgdla|t-Qccupied by enemy troops;

(3)

The correspondence is either

(a) P,rrbihiled bY the Government;
(b) carried on in ciphgrs or conventiqnal signs; or

(c) containing qgligg._qfjnfogatio! which mighr be used

to the enemy,
Penalties;

'

(1) Prisidn correccianal

if the correspondence has been

prohibited by the Government;

(2) Prisi6n mayorif the correspondence be carried on in ciphers
or conventional signs; and
(3) Reclusidn temporalif notice or information be given thereby
which might be useful to the enemy, If the offender intended to aid
the enemy by giving such notice or information, he shall suffer the
penalty of from reclusidn temporalto death,

Art. 121. Flight to enemy's country.

ao' -Elc.m.S:

(1)
(2)

or

or

(!)

(4)
authority.

There is gg in which the Philippines is inrrolved;

Offender must be Eruino alle,oiansq to the Government;
Qffenaer &ne$J9-flS-gt"g9 to an enemy counrry;
Golng to th6 enemy country is prohibit4 by competent

It .

Penalfy: Arresto ma/or.

Art. 122. Piracy in general and mutiny on the high seas
or in Philippine waters.
Elements of Diracv:
(1) The vessel is on hiqh seas or Philippine watr$;
(2) Offenders are Etlgf members of its complement nor
passelgers of the vessel;

(3)

Offenders either

(a) a$Kgl

rizs a vessel on the high seas or in Philippine

(a) whenever they have seized a vessel by boarding or

firing uporr the same;
(b) whenever the pirates have abandoned their victims
without means of saving thernselves; or

(c) whenever the crime is

homicide, physical in;uries, or rape.

Penalty: Reclusldn perpetua to death.

waters;

(b) seize in the vessel while on the high seas or

Philippine waters the whole or part of the

its qgglprngnt, or personal

belonoings

Sg

of its

of said vessel,

complement or

passengers.

There is inten! to qain,

Penalty: Rrlusidn peryetua,
Elements of mutinv:
(1) The vessel is on Ugh seas or Philipoine wats:rs;
(2) Offenders are members of its complement or passengers of
the vessel;
(3) Offenders either (a) attack or seize a vessel on the high seas or in Philippine
waters;

(b)

seize

in the

vessel while on the high seas

or

in

Philippine waters the whole or part of the cargo of said vessel,

its equipment, or personal belongings of its complement or
passengers.

Penaltv: R*lusi6n perpetua.

Art. 123. Qualified pirary.

Elements:

(1) The vessel is on the high seas or Philippine waters;

(2) Offenders may or may not be members of its complement,

or passengers of the vessel;

(3) Offenders either
(a) attack or seize the vessel; or
(b) selze the whole or part of the cargo, its equipment, or
in personal belongin$s of the crew or passenEers"

accompanied

by

murder,

TITLE TWO
Crimes Against the Fundamental Laws of the State

in

(4)

lr .

(4) The preceding were committed under any of the following

circumstances:

CHAPTER ONE

Arbitrary Detention or Expulsion, Violation of Dwelling,

Prohibition, Interruption, and Dissolution of peaceful
Meetings and Crimes Against Religious Worship
Art. 124. Arbitrary detention.
Elements:

(1) Offender is a public cfficer or employee;

(2) Offender detains a person;
(3) The detention is without legal grounds,

Penaltigsl

(1) Arresto mayorin its maximum period to prisidn coreccional

in its minimum period, if the detention has not exceeded three (3)

days;

(2) Prisidn correccionalin its medium and maximum periods, if

the detention has continued for more than three (3) but not more

than fifteen (15) days;

(3) Prision ma,/or, if the detention has continued for more than
fifteen (15) days but not more than six (6) months; and
(4) Reclusidn temporal, if the detention shall have exceeded six

(6) months.
Aft. 125. Delay in the delivery of detalned persons to the
proper Judicial authorities.

Elements:

(1)
(2)

Offender is a public officer or employee;

He detalns a person for some legal ground;

(3) He fails to

deliver such person

to the

proper juciicial

authorities within the period of

(a) twelve (12) hours, for crimes or offense:; punishable iry
light penalties, or their equivalent;
(b) eighteen (18) hours, for crimes or offenses punishable
by correctional penalties, or their equivalent; and
(c) thirty-six (36) hours, for crimes or offenses punishable
by afflictive or capital penalties, or their equivalent.

Penalties:

(I)

Aresto mayorin its maximum period to prisi1n correccional

in its minimum period, if the detention has not exceeded three (3)
days;

(2) Prisiin correccionalin its medium and maxirnum periods, rf

the detention has continued for more than three (31) but not more
than fifteen (15) days;
(3) Prision mayor, if the detention has continuecl for more than
fifteen (15) days but not more than six (6) months; and
(4) Reclusidn temporal, if the detention shall harre exceeded six

(6) months.

Art. 126. Delaying release,

prisoner or detention prisoner, or tlrat there is a pror:eeding upon a

petition for the liberation of such person;
(3) Offender without good reason delays
(a) the performance of any judicial or executive order for
the release of a prisoner or detention prisoner, or
(b) the service of the notice of suclr order lto said prisoner

upon any petition for the liberation of

such person.
Penalty:

(l)

Art. L27, Expulsion.

Elements:

(1)
(2)

Offender is a public officer or employee

He either
(a) expels any person from the Philippine; or
(b) compels such person to change his residence;
(3) Offender is not authorized to do so under law.
PenalW: Prisidn coreccional,

Art, 128, Violation of domicile.

ActsJ:Unished:

(1) Entering any dwelling against the will of the owner thereof;
(2) Searching papers or other effests found therein without the

previous consent of such owner; or

(3)

Refusing

to leave the premises, after having surreptitiously

sarne,

(1) Offender is a public officer or employee;

(2) There is a jrrdicial or executive order for lhe release of a

(c) the proceedings

months.

entered said dwelling, and after having been required to leave the

Elements:

or

(3) Prision mayor, if the delay has continued for more than
fifteen (15) days but not more than six (6) months; and
(4) Reclusidn temporal, if the delay shall have exceeded six (6)

Anesb mayor in its maximum period to pris:i6n correccional

in its minimum perlod, if the delay has not exceeded three (3) days;
(2) Prisldn correnional in its medium and maximum periods, if
the delay has continued for more than three (3) but not more than
fifteen (15) days;

Common elements:

(1)
(2)

Offender is a public officer or employee;

He is not authorized by judicial order to enter the dwelling
or to make a search therein for papers or other effects.
PenaltieS;

(1)
(2)

Prisi1n coreccionalin its minimum period, in general.

Prisidn coneccionalin its medium and maximum periods, if

the offense be compritted in the nighttime, or if any papers or effects
not constituting evidence of a crime be not returned immediately
after the search made by the offender.

Art. 129. Search warrants maliciously obtained, and

abuse in the service of those legally obtained.
Acts punished and their respective elementS:
(7) Procuring a search warant without just cause.
(a) Offender is a public officer or employee;

(b) Fre procures a search warran$

(c) There is no just cause.

(2) Exceeding authority or using

unnecessary severity

in

executing a search warrant legally procured.

(a) Offender is a public officer or employee;
(b) He has legally procured a search warrernt;
(c) He exceeds his authority or uses unnecessary severify in
executing the same.
Penalty: In addition to the liability attaching to the offender for the
commission of any other offense, the penalEy of arresto mayorin its
maximum period to prisidn coreccionalin its minimum period ancl a
fine not exceeding P1,000.

Art. 130. Searching domicile without witnesses.

(l)

(2)

Prisidn

orercionalin its minimum period,

Eleme;rts:

(1)

Acts complained'of were performed in a place devoted to

Penalty: Arcesto mayor in its maximum period to prision correccional

in ils minimum period,
TITLE THREE
Crimes Against Public Order

of any

(4)

The owner, or any member of his family, or tv/o witnesses

residing in the same locality are not present.

Penafty: Arresto mayorin its medium and maximum periods.

Aft. 131. Prohibition, interruption, and dissolution of

peaceful meetings.

Offender is a public officer or employee;

He performs any of the following acts:

prohibiting

or interrupting, without legal ground,

the

holding of a peaceful meeting, or by dissolving the sarne;

(b) hindering any person from joining any

lawl'ul

association or from attending any of its meetings; or

(c)

or hindering any person from addressing,

together with others, any petition to the

prohibiting

either alone

or

authorities for the correction of abuses or redres:; of grievances,

Penaltv: Prisidn coreccionalin its minimum period.

Art. 132. Interruption of religious worship.

Elements:
(1) Offender is a public officer or employee;
r,4 Rellgious ceremonies or manifestations
about to take place or are going on;
(3) Offender prevents or disturbs the same,

CHAPTER ONE

Rebellion, Coup d'etaf, Sedition, and Disloyalty

Art. 134. Rebellion or insurrection.
Elements:

(1) There is a public uprising and taking arrns against

the

Government;
(2) The purpose of the uprising or movement is
(a) to remove from the allegiance to said Government or
its laws, the territory of the Republic of the Philippines or any
part thereof, of any body of land, naval or other armed forces,

ElemenE:

(a)

of

or during the celebration any religious

ceremony;
(2) The acts must be notoriously offensive to the feelings of the
religious worship,

person;

(1)
(2)

in general;

Prlstdi @ffeccionalin its medium and maximum perlods, if

the crime shall hdve been committed with violence or threats.
Art. 133. Uffending the religious feelings.

faithful.

Elements:

(1) Offender is a public officer or enrployee;

(2) He is arnred with a search warrant legally procured;
(3) He searches the domicile, papers or other brelongings

Penalties;

of

;any religion are

or

(b) to deprive the Chief Executive or the Legislature, whollv'

or partially, of any of their powers or prerogatives'
Aft, 134-A.

CouP

d'tat

Elements:

(1) Offender is a person or persons belonging to the military c'r

police or holdlng any public office or employment;
(2) It is commltted by means of a swift attack accompanied by
violence, intimldation, threat, strategy or stealth;
(3) The attack

is

directed against

the duly

constitutecl

authorlties of the Republic of the Philippines, or any military camp or

installatlon, communication networks, public utilities or other facilitie's
needed for the exercise and continued possession of power;

10

II

(4) The purpose of the attack is to

power.

seize

or diminish state

Penalties:

coup

(1) The conspiracy and proposal to commit coup d'6tat shalt b:

punished by prisi1n mayor in its minimum period and a fine whicr
shal[ not exceed F8,000;

Persons liable qnd corresponding oenaltlqs:

(1) Any person who promotes, maintains or heads a rebellion or
insurrection shall suffer the penalty of reclusr6n perp,etua.
(2) Any person merely participating or executing the commands
of others in a rebellion or insurrection shall suffen the penalty of
reclusi6n temporal.

insurrection shall be punished, respectively, by prisi6n coreccionaltn

its maximum period and a fine which shall not exceed P5,000, and by
prisldn correccional in its medium period and a fine which shall nor
exceed F2,000.

Art. 135. Penalty for rebellion, insurreqtion or

d'dtat,

(3) Any person who leads or in any manner directs

or

commands others to undertake a coup d'dtat shall suffer the penalty

of rec/usidn perpetua.
(4) Any person in the government service who participates, or
executes directions or commands of others in undertaking a coup
d'dtat shall suffer the penalty of reclusidn temporalin its maximum
period,

(5)

Any person not in the government service r,vho padicipates,

or in any manner supports, finances, abets or aids in undertaking a

coup dEtat shall suffer the penalty of prisi6n mayor in its maximum
period.

Art. 136. Conspiracy and proposal to comn'it coup d'etat,

rebellion or insurrection,
Acts punished and their respective elements:
(1) Conspiracy to commit coup d'dtat, rebellion or insurrection,
(a) Two (2) or more persons come to ern agreement to
swiftly attack or to rise publicly and take arms against the
Government for any of the purposes of rebellion or insurrection;

(b)

(2)

They decide to commit it,

Propsal to commit coup d'6tat, rebellion or insunection,

A person has decided to swiftly attack or to rise pubiicly
and take arms against the Governmeni for any of the purpcrse:;
of rebellion or insurrection;
(b) Such person proposes its execution to some other

(a)

person or persons,

(2) The conspiracy and proposal to commit rebellion

or'

Art. 137. Disloyalty of public officers or employees.

Eleme[ts:

(1)
(2)

Offender is a pubiic officer or employee.

Offender commits any of the following acts:

(a) failing to resist a

power;

rebellion by all the means in therr

(b) continuing to discharge the duties of their offices under

the control of the rebels; or
(c) accepting appointment to office under them,
Penalty: Prlsidn coneccionalin its mrnimum period.
Art. 138. Inciting to rebellion or insurrection.
Elements:

(1)

Offender does not take arms

against the (iovernment;

(2) He incites others to the

or is not in open hostility

execution

of any of the acts

ot'

rebellion specified in Arlicle 134 of the Revised Penal Code;

(3) The inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations tending to the
same end.
Penalti{: Prisidn mayorin its minimum period,

Art. 139. Sedition.

Elements:

(L)
(2)

Offenders rise publicly and tumultuously;

Offenders employ force, intimidation,

or by other

means

outside of legal methods;

(3)

Purpose is to attain any of the following objects:

(a) to prevent the promulgation or execution of any law or

the holding of any popular election;

(b) to prevent the National Government, or any provinciai
or municipal government, or any public officer thereof frorn

1J

13

freely exercising its or his functions, or prevent the execution

of
any administrative order;
(c) to inflict any act of hate or revenge upon the person or
property of any public officer or employee;
(d) to ommit, for any political or social end, any act of
hate or revenge against private persons or any sor:iai class; and
(e) to despoil, for any political or social eM, any person,
municipality or province, or the National Government of all its
property or any part thereof,

Art. 14O. Penalty for sedition.

Penaltieg:

(1) The leader of a sedition shall suffer the penalfy of prision

mayorin ils minimum period and a fine not exceeding p10,000;
(2) _Other persons participating therein shall suffer the penalty
of- prisi5n oneccional in its maximum period and a fine n,rt

meet together for unrawfur purposes,

Elements:

(1) Two (2) or more

persons come to an agreement ancl a

decision to rise publicly and tumultuously to attain any, of the objects

of sedition;

(2)

They decide to commit it.

Penalty: Prisi5n corrrccionalin its medium period and a fine not to

exceed F2,000.

Art. 142. Inciting to sedition.

Acts punished:

(1) Inciting others to the accomplishment of any of the acts

which constitute sedition, by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations

tending to the sarne end;

(2) Uttering seditious words or speeches which tend to disturb
the public peace;
(3) Writing, publishing, or circulating scurrilous libels against
the Govemrnent, or any of the duly constituted authorities thereef, or
which tend to disturb or obstruct any tawful officer in executing the
functions of hls office, or which tend to instigate others to cabal ano
I Therc is no

proposal

lo cammil xdition,

whrch suggest

or

incite

community, the safeg and order of the Government, or who shall

knowingly conceal such evil practices.

Elements:

(1)
(2)

offencer does not take direct part in the crime of sedition;

He incites others to the accomprishment of any of the acts

which constitute sedition;

(3) lnciting is done by means of speeches, proclamations,

writings, emblems, cartoons, banners, or other representations.
Penahr: Prisidn coreccionalin its maximum period and a fine not to

exceed P2,000,

CHAPTER TWO

Crimes Against popular Representation

exceeding F5,000,

Art. 141. Conspiracy to commit sedition.l

or

rebellious conspiracies or riots, or which lead or tend'io stii up

the
people agalnst the lawful authorities or to disturb
the peite dr mu

Art. 143. Acts tenJing to prevent the meeting of the

Assembly and similar bodies.

Elemenls:

(1)

'fhere

is a projected or actual meeting of Cong;.ess or any of

committees or subcommittees, constitutional Committees or
divisions thereof, or of any provincial board or city or municioal
council or boarC;
(2) Offender, who r,ta! be any person, prevents such meetings
by force or fraud,
Penalty: Prisi5n correccionalor a fine ranging from F200 to F2,000,
or both,
Art. 144, Disturbance of proceedings.

its

Elements:

(1) There is a meeting cf Congress of the philippines or of any

of its committees or subcommittees, constitutional commissions or

committees or divisions thereof, or of any provincial board or ciw or

municipal council or board, or;
(2) Offender does any of the following acts:
(a) He disturbs such meetings; or
(b) He behaves while in the presence of any such bodies in
such manner as to interrupt its proceedings or to impalr the
respect due it.
Penalty: Anesto mayor ot a fine from p200 to F1,000.

l:r

14

(a) There is a meeting, a gathering or group of

Art. 145. Violation of parliamentary immunity.

Acts punighed and their respective eleme-nts:
(1) Using force, intinidation, threats, or fraud to prevent any
member of hngress ftom attending the meetings ol" Congress, or of
any of iB committees or subcommittees, constitutional commissitns
or committees or divisions thereof, from expressing his opinions' or
casting his vote.
(a) Offender uses force, intimidation, threats, or fraud;
(b) The purpose of the offender is to prevent any member of
Congress from:
attending the meetings of any of its committees or
constitutional commissions, etc, ;
(ii) expressing his opinion; or
(iii) casting his vote.
(2) Arestir;g or searching any member of Congress while it is in
regular or special session, except in case such member has
committed a crime punishable under the Revised Penal Code by a
penalty higher than prisi6n mayor.
(a) Offender is a public officer or employee
(b) He arrests or searches any member of Congress;
(c) Congress, at the time of arrest or search, is in regular
or special session;
(d) The member arrested or searched has not committed a
crime punishable under the Code by a penallry higher than

(i)

prisi6n mayor,

(c)

(b)

The meeting is attended by armed persons;

The purpose of the meeting is to commit any of the crimes

punishable under the Revised Penal Code.
(2) Any meeting in which the audience, whether armed or not,
is incited to the commission of the crime of treason, rebellron o;
insurrection, sedition or assault upon a person in authortty or hrs
agents,

(a) There is a rneeting, gathering or group of persons,

whether in a fixed place or moving;
(b) The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection,
sedition, or direct assault.

Penalties:

(1) For organizers or leaders: prisiin coneccional in

its

maximum pe;iod to prisi6n mayorin its medium period;

(2) For persons merely present at such meeting: arresto mayor,
unless they are armed, in which case the penalty shall be prisi6n
correccional.

Art. t 47, Ifiegal associations,

Illegal associations:

(1)

Associations totally or paftially organized for the purpose of

of the crimes punishable under the Revised Penal

committing any
Code;

Penalties:
(1) Prisi1n mayor if force, intimidation, threats or fraud is used
to prevent a member of Congress from attending the meetings of
Congress or any of its committees or subcommittees, constitutional
commissions or comrnittees or divisions thereof, from expressing his
opinion or casting his vote;
(2) Pnsidn orrecciona/ if a member of Congress is arrested or
searched while Congress is in regular or special session.
CHAPTER THREE

Illegal
a nd Associations
"Assemblies
Art. 146. Illegal assemblies.
Acts ounishgd and ttLqir rgsqective elements:
Any meeting attended by armed persons for the purpose
ccmmitting any of the crimes punishable under this Code,

(l)

persons,

whether in fixed place or moving;

of

(2)

Ass<,,ciations totally

or partially organized for some purpose

contrary to public morals.

Persgns liable:
(1) Founders, directors and president of the association;
(2) Mere members of the association.
Penalties:
(1) For founders, directors, and presidents of associations:

prisidn coreccionalin its minimum and medium periods and a fine

not to exceed P1,000;
(2) For mere members of said associations: aresto mayor.

76

11

CHAPTER FOUR

Art, 149. Indirect assaults.

Assault Upon, and Resistance and Disobedlience to,

Persons in Authority and Their Agents
Art. 148. Direct assaults.

Elements:

Acts punished and their respediveelements:

(1) Wthout a public uprising, by employing forae or lntimidation
for the attainment of any of the purposes enumerateo in defining the
crimes of rebellion and sedition.
(a) Offender employs force or intimidation;
(b) The aim of the offender is to attain any of the purposes of
the crime of rebellion or any of the objects of the crime cf sedition;
(c) There is no public uprising.
(2) Wthout a public uprising, by attacking, by emplctying force,
or by seriously intimidating or resisting any person in authority or any
of his agents, while engaged in the performance of official duties, or
on occasion of such pefformance,

(a) Offender makes an at[ack,

employs force, makes

serious inUmidation, or makes a serious resistance;

(b) The person assaulted is a person in eruthority or his
agenr;
(c) At the time of the assault, the person in authority or his
agent is engaged in the actual performance of official duties, or
that he is assaulted by reason of the past performance of official
duties;

(d) Offender knows that the one he is

essaulting

is

person in authority or his agent in the exercise of his duties;

(e) There is no public uprising,
Penalties:

(1)

Prisidn correccional

in its medium and maximum

periods

and a fine not to exceed P1,000, when the assault is committed with
a weapon or when the offender is a public officer or employee, or
when the offender lays hands upon a person in authority;
(2) If none of these circumstances be present, the penal$ of

prisidn corrcionalln its minimum period and a fine not to exceed

F500.

(1) A person in authority or his agent is the victim of any of the

forms of dlrect assault defined in Article 148;
(2) A person comes to the aid of such authority or his agent;

(3) Offender makes use of force or intimidation upon sucft

person coming to the aid of the authority or his agent.

Penalty: Prisifin coreccionalin its minimum and medium periods and

a fine not to exceed P500.

Art. 150. Disobedience to summons issued by the

National Assembly, its committees or subcommittees, by the
Constitutional Commissions, its committees, subcommittees
or divisions.

Acts ounished:

(1) By refusing, without legal excuse, to obey

summons oi

Congress, its special or standing comrnittees and subcommittees, tht:

Constitutional Commissions and its committees, subcommittees or
divisions, or by any commission or committee chairman or member
authorized to summon witnesses;
(2) By refusing to be sworn or placed under affirmation whik:
being before such legislative or constitutional body or official;
(3) By ;'efusing to answer any legal inquiry or to produce an'/

books, papers, documents,

or

records

in his possession, when

required by them to do so in the exercise of their functions;

(4) By restraining another from attending as a witness in suclr
legislative or constitutional body;
(5) By inducing disobedience to a summons or refusal to be
sworn by any such body or official.
PenalW: Anesto mayor or a fine ranging from F200 to P1,000, c't
both.

Art. 151. Resistance and disobedience to a person

in

authority or the agents of such person.

Elements of resistance and serious disobedience:

(1) A person in authority or his agent is

engaged

in

the

performance cf official duty or gives a lawful order to tlre offender;

(2) Offender resists or

seriousty disobeys such person in

authority or his agent;

(3) The act of the offender is not included in the provisions of
Articles 148, 149, and 150.

Id

19

Penalty: Anesto mayorand a fine not exceeding P500"

Elements of simole disobgdience:
(1) An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the offender;
(2) Offender disobeys such agent of a person in authority;
(3) Such disobedience is not of a serious nature.
Penalty: Anesto menoror a fine ranging from P10 to $t100.
Art. 152. Persons in authority and agents of persons in

authority.

(1) A person in authority is one directly vested wlth jurisdiction,

that is, the povrer and authority to govern and execute lhe laws.
(2) An agent of a person in authority is one charged with (1)
the maintenance of public order and (2) the protection and security
of life and property,
Examoles of persons in authority:
(1) Municipal mayor;
(2) Division superintendent of schools;
(3) Public and private school teachers;
(4) Teacher-nurse;
(5) President of sanitary division;
(6) Provincial fiscal;
(7) Justice of the Peace;
(B) Municipal councilor;
(9) Barrio captain and barangay chairman,

Art,

C-ausing any serious disturbance in

(2)

Interrupting

or

person who has been

Penalties:

(7) Arresto mayorin its medium period to prisidn coneccionalin

its minimum period and a fine not to exceed F1,000;
(2) The pendlty next higher in degree shall be imposed upon
persons causing any disturbance or interruption of a tumultuous
character. The disturbance'or interruption shall be deemed to be
tumultuous if caused by more than three (3) persons who are armed
or provided with means of violence;
(3) The penalty of aresto mayor shall be imposed upon any
person who in any meeting, association, or public place, shall make
any outcry tending to incite rebellion or sedition or in such place shall
display placards or emblems which provoke a disturbance of the

Art, 154. Unlawful use of means of publication and

unlawful utterances,

Acts punished:
(1) Publishing or causing to be published, by means of printing,

of

public

a public place, office or

disturbing performances, functions or

gatherings, or peaceful meetings, if the act is not included in Articles

131 and 132;

of a

pomp the body of a person who has been legally executed.

Acts ounished:

(1)

Burying with pomp the body

(4) The penalty of aresto menor and a fine not to exceed P200
shall be imposed upon those persons who in violation of the
provisions contained in the last clause of Article 85, shall bury with

orders.
establishment;

(5)

legally executed.

public order.

CHAPTER FIVE

Public Disorders
153. Tumults and other disturbances

(4) Displaying placards or emblems which provoke a

disturbance of purblic order in such place;

(3) Making any oulcry tending to incite rebellion or seditlon in

any meeting, association or public place;

lithography or any other means of publication, as news any false

news which may endanger the public order, or cause damage to the
interest or credit of the State;

(2) Encouraging disobedience to the law or to the constituted

authorities or praising, justifying or extolling any act punished by law,
by the same means or by words, utterances or speeches;
(3) Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before they have
been published officially;
(4) Printing, publishing or distributing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not bear the real
printer's name, or which are classified as anonymous,
Pqalty: Arresto mayorand a firre ranging from P200 to P1,000,

2l

ZU

Art. 155. Alarms and scandals.

Acts ounished:

(1) Discharging any firearm, rocket, firecracker, or other

explosive within any town or public place, calculated to cause (which
produces) alarm of danger;
(2) Instigating or taking an active part in any charivarior :ther

disorderly meeting offensive to another or prejudicial to public

tranquility;
(3) Disturbing the public peace while wandering about at night
or while engaged in any other nocturnal amusements;
(4) Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 in not applicable.
Penaltv: Anesto menoror a fine not to exceed P200.
Art. 156. Delivering prisoners from jail.

(2) Prisi5n correccionalin its maximum period if such evasion or

escape shall have taken place by means of unlawful entry, by
breaking doors, windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, disguise, deceit, violence or intimidation, or
through connivance wrth other convicts or employees of the penal
institution.

Aft. 158. Evasion of seruice of sentence on the occasior,

of disorder, conflagrations, earthquakes, or other calamities.
Elements:

(1) Offender is a convict by final judgment, who is confined in

penal institution;
(2) There is disorder, resulting from
(a) conllagration;

(b) earthquake;
(c) explosion;
(d) similar catastrophe; or
(e) mutiny in which he has not participated.

Elements:

(1) There is a person confined in a jail cr penal establishment;

(2) Offender removes therefrom such person, or helps the

escape of such person.

Penalties:

(l)

Arresto mayorin its maximum period to prisi6n correccional

in its minimum period if violence, intimidation, or bribery is used,
(2) If other means are used, the penalty of arresto mayor shall
be imposed.

(3) If the escape of the prisoner shall take place outside of said
establishments by taking the guards by surprise, the same penalties
shall be imposed in their minimum period.
CHAPTER SIX
Evasion of Service of Sentence
Aft. 157. Evasion of service of sentence.
Elements:
(1) Offender is a convict by finaljudgment;
(2) He is serving sentence which consists in the deprivation of

libefi;

(3)

He evades seruice

of his

sentence by escaping during the

term of his sentence.

PeJralties:

G\

general.

Pnslon

oneccionalin its medium and maximum periods,

in

(3) He evades the service of his sentence, by leaving the penal

institution where he shall have been confined, on the occasion of
such disorder or during the nrutiny;
(4) He fails to give himself up to the authorities within fortyeight (48) hours following the issuance of a proclamation by the Chier
Executive anrrouncing the passing away of such calamity.
eCOalQ: increase of one-fifth (U5) of the time still remaining to be
served under the original sentence, which in no case shall exceed six
(6) months.
Art. 159. Other cases of evasion of service of sentence.
Elements of violation of conditional pardon:
(1) Offender was a convicfi
(2) He was granted pardon by the Chief Executive;
(3) He viotated any of the conditions of such pardon,
Penalties:

(l)

Prisit5n.conercionalin its minimum period, in general.

(2) If the penalty remitted by the granting of such pardon

be

higher than slx (6) years, Ihe convict shall then suffer the unexpired
portion of his original sentence.

22.

CHAPTER SEVEN

Commission of Another Crime During Service

of Penalty Imposed for Another Previous Offense
Art. 160. Commission of another crime during service of
penalty imposed for another previous offense.
Elements:

(1)

Offender was ali'eady convicted by final judgment

cffense;

of

one

(2) He committed a new felony before beginning to serue such

sentence or while serving the same.
Penaltv: Maximum period of the penalty prescribecl by law for the
new felony.
TITLE FOUR
Crimes Against Public Interest
CHAPTER ONE

Art. 161.

Forgeries

Counterfeiting the great seal of the

Government of the Philippine Islands, forging the signature

or stamp of the Chief Executive,

Acts punished:

(1) Forging the Great Seal of the

Government

of

the

Philippines;
(2) Forging the signature of the President;
(3) Forging the stamp of the President,
PenalW: Reclusi6n temporal.

the Philippines;
(2) Coins of the minor coinage of the'Philippines
Central Bank of the Philippines;
(3) Coin of the currency of a foreign country.

or of

the

Penalties:

(L) Prisidn mayor in its minimum and medium periods and 'r
fine not to exceed P10,000, if the counterfeited coin be silver coin cf
the Philippines or coin of the Central Bank of the Philippines of ten'
centavo denomination or above.
(2) Prisidn arreccionalin its minimum and medium periods and
a fine of not to exceed F2,000, if the counterfeited coins be any of
the minor coinage of the Philippines or of the Central Bank of th',:
Philippines below ten-centavo denomination,

(3)

coreccionalin its minimum period and a fine not to

exceed P1,000, if the counterfeited coin be currency of a foreign
country. (As amended by R.A. No. 4202, approved June 19, 1965).
Art. 164. Mutilation of coins.
Prisit5n

(1) Mutilating coins of the legal currency, with the

Art. 162. Using forged signature or counterfeit seal or

Elements:

(1) The Great Seal of the Republic was counterfeited or the

signature or stamp of the Chief Executive was forged by another
person;

fufther

requirement that there be intent to damage or to defraud another;

(2) Impofting or uttering such mutilated coins, with the further
reouirement that there must be connivance with the mutilator or
impofter in case of uttering.
Penaltv: Prisidn correccionalin its minimum period and a fine not to
exceed F2,000.

Aft, 165. Selling of false or mutilated coin, without

connivance.

or stamp,

Penalty: Prlsion mayor,

Art. 163. Maklng and importing and uttering false coin.
Elements:
(1) There be false or counterfeited coins;

he

connived with the counterfeiters or importers.

Kinds of cojnr; the counterfeitinq of which is punished:
(1) Silver coins of the Philippines or coins of the Central Bank ol

Acts punished:

stamp.

(2) Offender knew of the counterfeiting or forgery;

(3) He used the counterfeit seal or forged signature
(4) Offender should not be the forger,

(2) Offender either made, impofted or uttered such coins;

(3) In case of uttering such false or counterfeited coins,

Acts ounished and their resoective elements:

Possession of coin, counterfeitd

(l)
or mutilated by another
person, with intent to utter the same, knowing that it is false or
mutilated,

(a)
(b)
(c)

Possession;

With intent to the utter; and

Kngwledge.

')^

(2) Actuary uttering such farse or mutirated coin, knowing

the
same to be false or mutilated.
(a) Actually uttering; and
(b)

Pe.nalty:

,The
said articles.

Knowtedge.

penalg lower by one degree than that prescribed

Art. 166. Forging treasury or bank notes or

documents

in

oilrer

payab.le to bearer; importing and uttering

suctl
false or forged notes and documenis.

Acts ounished:

(1)' Forging or falsification of treasury or bank

notes or other

documents payable to beare:;

(2) Importation of such farse or forged obrigations or notes;

uttering

!:l

of_

such farse or roried obrfiauons or noies in

connivance with the forgers or importers

Penalties:

(1) R*lusidn temporalin its minimum period and a fine not to

exceed F10,000, if the document which has been
farsified,
counterfeited, or artered is an obligation or security
of the (United

States or of the) philippines Islands.

_Prisi6n mayor in its maximum period arrd a fine not to

exceed R2,000, when the forged or altered document
is a circulating
note issued by any banking association dury authorizeo
oy-taw to
issue the same.
Pisidn mayorin its medium period and a flne not to exceed
^- ^l:) if the farsified or counterfeited
P5,000,
document was issued by a
foreign govemment.
(4)
in its minimum period and a fine not ro
_Prixin
exceeo P2,000, when the rorged or altered document
is a circulating
note or bill issued by a foreign bank dury authorized threrefor.
(2.)

Art. L67, Counterfeiting,

instruments not payable to beirer.

importing, and uttering

ElementE:

(1)

There is on instrument payable to order or other documenr

of credit not payable to bearer;

(2) Offender either forged, imported

instrumenU

(3)

or

uttered

such

In case of uttering, he connived with the forger or impoder.

Penalty: Prisidn coreccional in its medium and maximum periods

and a flne not to exceed P6,000,

Art. 168. Illegal possession and use of false treasury or

bank notes and other instruments of credit,
Elements:

(1) Any treasury or bank note or certificate or other obligation

and securi$ payable to bearer, or any instrument payable to order or
other document of credit not payable to bearer is forged or falsified
by another person;
(2) 0ffender knows that any of those instruments is forged or
falsified;
(3) He either
(a) uses any of such forged or falslfied instruments; or
(b) possesses with intent to use any of such forged or falsified
instruments,
Penalty: Penalty next lower in degree than that prescribed in said
articles,

Art. 169. How forgery is committed.

(1) By giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the appearance of a
true and genuine documenU
(2) By erasing, substituting, counterfeiting, or altering by any
means the figures, letters, words, or sign contained therein.

Art. 170. Falsification of legislative documents.

Elements:

(1) There is a bill, resolution or ordinance enacted or approvetl

pending approval by either House of 'the Legislature or any
provincial board or municipal council;
(2) Offender alters the same;
(3) He has no proper authority therefor;
(4) The alteration has changed the meaning of the document.
Penalty: Prisi6n coreccionalin its maximum period and a fine not to

or

exceed P5,000,

Art. 171, Falsification by public officer, employee or

notary or ecclesiastical minister.
Elements:

(1)
(2)

Offender is a public officer, employee, or notary public;

He takes advantage of his official posltion;

26

2';

(3)
acts:

He falsifies a document by committing any of the following

(a)

counterfeiting or imitating any'handwriting, signature

or rubric;

(b) causing it to appear that persons have participated in

any act or proceeding when they did not in fact so participate;
(c) attributing to persons who have pafticipated in an act
or proceeding statements other than those in fact made by
them;
(d) making untruthful statements in a narration of facts;
(e) altering true dates;
making any alteration or intercalatiott in a genuine
document which changes its meanlng;

(0

(g) issuing in an authenticated form

document

purporting to be a copy of an original document when no such

original exists, or including in such a copy a statement contrary
to, or different from, that of the genuine original; or

no such original exists, or including in such a copy a statement

contrary to, or different from, that of the genuine original;
(b) Falsification was committed in any private document;
(c) Falsification causes damage to a third party or at least

the falsification was committed with intent to cause

suclr

damage.

(3)

Use of falsified document.

In introducing in a judicial proceeding
(a) Offender knew that the document
was falsified by

another person;
(b) The false document is embraced in Articles 17I or 172
(1 or 2);
(c) He introduced said document in evidence in any judicial

nrnroarlinn'
In use in any other transaction (a) Offender kr;ew that a document was falsified by

status of persons.
Penaltv: Prisidn mayorand a fine not to exceed P5,000.

another person;
(b) The false document is embraced in Articles t7I or 172
(1 or 2);
(c) He used such document (not in judicial proceedings);
(d) The use caused damage to another or at least used
with intent to cause damage,
Pgnalty: Prisidn coreccional in its nredium and maximum periods
and a fine of not more than P5,000.

Art. 172. Falsification by private individu;rl and use of

falsified documents.

Art. 173. Falsification of wireless, cable, telegraph and

telephone messages, and use of said falsified messages.

Acts ounished and their respective elements:

Acts ounished-and. their Esoective elements:

(I) Uttering fictrtious wireless, telegraph, or telephone message
and/or falsifying wireless, telegraph or telephone messages.
(a) Offender is an officer or employee of the government
or an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable, or telephone

(h) intercalating any instrument or note relative to

the

issuance thereof in a protocol, registry, or official book,

(4) In case the offender is an ecclesiastical minister who shall
commit any of the offenses enumerated, with respect to any record
or document of such character that its falsification ma'y affect the civil

(1)

Falslftation of publiq official or ammercial document by a

private indivlduat.

(a) Offender is a private individual or public officer or

employee who did not take advantage of his official position;
(b) He committed any act of falsification;
(c) The falsification was committed in a public, official, or
commercial document or letter of exchange.
(2) Falslfrcation of private document by any person.
(a) Offender committed any of the acts of falsification
except Aficle L7I(7), that is, issuing in an autherrticated forn a
document purpofting to be a copy of an origlnal document when

message;

(b)

He commits any of the ficllowing acts;

(i)

utters fictitious wireless, cable, telegraph,

telephone message;

(ii) falsifies wireless, cable,

message.

telegraph

or

or

telephone

ti

ft
fi
ti

28.

It
':1

ii

jj
I
!

(2)

Using such

falsiftd messages.

(a) Offender knew that wireless, cable, telegraph,

or
telephone message was falsified by an officer or employee of the
government or an officer or employee of a prirlate corporation,
engaged in the service of sending or receiving wireless, cable, or
telephone message;
(b) He used such falsifled dispatch;
(c) The use resulted in the prejudice of a third pafi or at
least there was intent to cause such prejudice.
Penalties:

Q)

Pnsi6n orreoionalin its medium and maxirnum periods;

(2) Any person who shall use such falsified dispatch shall suffer
the penalty next lower in degree.

Art. 174. False medical certificates, false certificates of

merits or service, etc.
Persons liable:
(1) Physician or surgeon who, in connection with the practice of
profession,
his
issues a false certificate (it must refer to the illness or
person)
injury of a
INOTE: The crime is false Medical Certificate by a

phlsician.li
(2) Public officer who issues a false certificate of merit of
service, good conduct or similar circumstances INOTE: The crime is
False Certifiate of klerit or Service by a public officer'l;
(3) Private pe:'son who falsifies a certificate falling within the
classes mentioned in the two preceding subdivisions INOTE: The
crime is False Mdical Certificate or False Certificate of Merit or
Seruice by a private individuall.
PenalW: Anesto mayorin its maximum period to prisidn correccional
in its minimum period and a fine not to exceed F1,000.
Art, 175. Using false certificates.
Elements:

(1) 'fhe following issues a false certificate:

(a) Physician or surgeon, in connection with the practice of
his profession, issues a false medical certificate;
(b) Public officer issues a false certificate of merit of
servlce, good conduct or similar circumstances;
(c) Private person falsifies a certificate falling within the
classes mentioned in the two (2) preceding subCivisions.

(2)
(3)

Offender knows that the certificate was false;

He uses the same.

Penalty: Anesto menor,

Art. 176. Manufacturing and possession of instruments

or implements for falsification.
Acts punished:
(1) Making or introducing into the Philippines any stamps, dies,

marks, or other instruments or implements for counterfeiting or

falsification;

(2) Possessing with intent to use the instruments or implements

for countefeiting or falsification made in or introduced into the
Philippi4es by another person.
Penalties:

(I) Prisi1n coneccional in its medium and maximum periods

and a fine not to txceed P10,000;

(2) Any person who, with the intention of using them, shall
in his possession any of the instruments or implements

have

mentioned in the preceding paragraph, shall suffer the penalty next

lower in degree than that provided therein.
CHAPTER TWO

Other Falsities
Art, L77, Usurpation of authority or official functions.
Acts punished and their resoective elements:
(1) Usupatlon of authority.
Offender knowingly and falsely represents himself as an officer,
agent or representative of any department or agency of the
Philippine Government or of any foreign government.
(2) Usurpation of official functions.
(a) Offender performs any act under pretense of official
position;

(b) The act peftains to any person in authority or public

officer of the Philipplne Government or any foreign government,
or any aEency thereof;
(c) He is not lawfully entitled to do so.
Penaltv: Prlsidn-correccionalin its minimum and medium periods.

--, I

Aft. 178. Using fictitious name and concealing true

name.
Acts ounished and their respective elements:

(1)
(c)

Using fictitious name.

(a) Offender uses a name other than his real name;
(b) He uses the fictitious name publicly;

Purpose is to conceal a crime, to evade tfre execution

judgment or to cause damage.
(2) Conealing true name.

cf

(a) Offender conceals his true name and other personal

circumstances;

(b)

Penalties:

(l)

Purpose is only to conceal his identi$.

Anesb mayor and a fine not to exceed P500 for

using

true name.

Art. 179. Illegal use of uniforms or insignia.

Elements:

(1) Offender makes use of insignia, uniform or'dress;

(2) The insignia, uniform or dress pertains to an office not held

by such person or to a class of persons of which he is not a member;

(3) Sald insignia, uniform or dress is used publicly and

improperly.

Penaftv: Aresto mayon

Aft. 180. False testimotty against a defendant.
Elemqnts:
i:

ll

,,i

ti
!r
ili
i!i

li

ll
fi

(1) There is a criminal Proceeding;

(2) Offender testifies falsely under oath

against the defendant

therein;

(aj Offender

who gives false testimony knows that it is falsd

OefenOant against whom the false testimony is given is
either acquitted or convicted in a final judgment.

(+)

PenalW:

-beenttl
sentenced to death;
(2)

if

the defendant shall have beerr

(4) Anesto mayon if the defendant shall have been sentenced

to a correctional penalty or a fine, or shall have been acquitted,
(5) In cases provided in subdivisions 3 and 4 of this article the:
offender shall further suffer a fine not to exceed F1,000.
Aft. 181, False testirnony favorable to the defendant.
ElementS:

(1) A person gives false testimony;

(2) In favor of the defendanU
(3) In a criminal case.

Penalties:

fictitious name;
(2) Arresto menor or a fine not to exceed P200 for conccaling

I'

(3) Prisidn oreccional,

sentenced to any other afflictive penalty; and

R*lusi6n temporal, if the defendant in said case shall have

Ptlsliln mayon lf the defendant shall have been sentenced

to rstusldn temporalor relusi6n perpetua;

(1) Aresto mayor in its maximum period to prisi6n correccionai

in its minimum period and a fine not to exceed p1,000, if the:

prosecution is for a felony punishable by an afflictive penalty;

(2) Anesto mayorin any other case.

Art. 182. False testimony in civil cases.

Elements:

(1) Testimony is grven in a civil case;

(2) Testimony relates to the issues presented in said case;
(3) Testimony is false;
(4) Offender knows that testimony is false;
(5) Testimony is malicious and given with an intent to affect the

issues presented in said case.

Penalties:

(L) frisi5n coreccionalin its minimum period

and a fine not to

exceed P6,000, if the amount in controversy shall exceed p5,000;

(2) Arresto mayorin its maximum period to prisifln arrercionat

in its minimum period and a fine not to exceed p1,000, if the amount
in controversy shall not exceed said amount or cannot be estimated.
Art. 183. False testimony in other cases and perjury in
solemn affirmation.
Elements:

(1) Offender makes s statement under oath or executes an

affidavlt upon a materlal matter;
(2) The statement or afftdavit is made before a competent
officer, authorized to receive and admlnister oaths;
(3) Offender makes a willful and deliberate assertion of a
falsehood in the statement or affidavit;

Jg

(4) The sworn statement or affidavit containing the falsity rs

required by law.
Penaltv: Affesto mayor in its maximum period to prisi6n coreccional
in its minimum period.
Art. 184. Offering false testimony in evidence.

Elements:
Offender offers in evidence a false witness or testimony;
(2) He knows that the witness or the testimony was false;
(3) The offer is made in any judicial or official proceeding.
Penalv: Punished as guilty of false testimony and shall suffer the
respective penalties provided in this section,

Art. 186.-Monopolies and combinations in restraint of

trade.

Acts punished and their respective elements:

(1) Combination to prevent free competition in the market
(a) Entering into any contract or agreement or taking part

in any

(i)

Frauds

Art. 185. Machinations in public auctions.

(1)

Soliciting any gift or promise as a consideration for

refraining from taking part in any public auction.
(a) There is a public auction;
(b) Offender solicits any gift or a promise from any of the
bidders;

is the consideration for

combination

spreading false rumors

Acts punished and their respective elements:

promise

or

or making use of any other artifice

restrain free competition in the market.

or

tqi

(3) Manufacturer, producer, or processor or importe,

combining, conspiring or agreeing with any person to make
transactions prejudicial to lawful commerce or to increase the market
price of merchandise.

(a) Manufacturer, producer, processor or importer of anv

merchandise or object of commerce;
(b) Combines, conspires or agrees with any person;
(c) Purpose is to make transactions prejudicial to lawful
commerce or to increase the market price of any merchandize o|

his

refraining from taking part in that public auction;

(d) Offender has the intent to cause the reduction of the
price of the thing auctioned.
(2) Attempting to cause bidders to stay away from an auction
by threats, gifls, promises or any other artifice.
(a) There is a public auction;
(b) Offender attempts to cause the bidders to stay away
from that public auction;
(c) It is done by threats, gifts, promises or any other
artifice;
(d) Offender has the intent to cause the reduction of tlre
price of the thing auctioned.
PenalW: Prisi1n corrxcionalin its minimum period and a fine ranging
from 10 to 50 per centum of the value of the thino auctioned.

in the form of a trJsr

(b) Said act is done in restraint of trade or commerce or ro

prevent by aftificial means free competition in the market.
(2) Monopoly to restrain free competition in the market.
(a) Monopolizing any merchandise or object of trade or.
commerce, or by combining with any other person or persons to
monopolize said merchandise or object;
(b) Said act is done in order to alter the prices thereof b,,,

CHAPTER THREE

(c) Such gift or

conspiracy

otherwise;

object

of

commerce manufactured, produced,

assembled or impofted into the philippines,

Penalties:

processecl

(1) Prisi5n coreccionalin its minimum period or a fine rangrnll

from P200 to P6,000, or both;
(2) Prisi5n mayor in its maximum and medium periods, if ilrn
offense affects any food substance, motor fuel or lubricants, or other

articles of prime necessity.

Art. 187. Importation and disposition of falsely marked

articles or merchandise made of gold, silver, or other
precious metals or their altoys,
Elements:

(1) Offender imports, sells or disposes articles made

silver, or other precious metals or their alloys;

of

golcl

34

(2) The stamps, brands, or marks of those articles of

merchandise fail to indicate the actual fineness or quality of said
metals or alloys;
(3) Offender knows that the stamps, brands, or marks fail to
indicate the actual fineness or quality of the metals or alloys.
Penalty: Pn'sidn correccionalor a fine ranging from p200 to p1,000
pesos, or both.

Att. 188. Substituting and altering trademarks,

tradenames, or selice marks,
4ft. 189. Unfair competition, fraudulent registration of
tradename, trademark, or service mark, fraudulent
designation of origin, and false description.
NOTE: Articles 1BB-lBg have been repealed by R.A, No, 8293
(In tel/ectua I Property Code)

TITLE FIVE
Crimes Relative to Opium and Other Prohibited Drugs
NOTE: Articles 190-194 have been repealed by R.A. No. 6425 (The
Dangerous Drugs Act of 1972), as amended by P,D. No, 1683
(Amending Ceftain Sections of R.A. No, 6425, As Amended), R.A. No,
7659 (The Death Penalty Law) and further amended by R.A. /,/o.
9165 (The Comprehensive Dangerous Drugs Act of 2002)
TITLE SIX
Crimes Against Public Morals
CHAPTER ONE

Gambling and Betting

Art. 195. What acts are punishable in gambling.z
Acts punished:
(1) Taking part directly or indirectly in

(a) any game

oF monte, jueteng, or any other form of

policy,
lottery,
banking, or percentage game, doq races, or any
other game or scheme lhe results of which depend wholly or
chiefly upon chance or hazard; or wherein wagers consisting of
money, articles of value, or representative of value are made; or

(b) the exploitation

):)

or use of any other mechanical

invention or .;:ontrivance to deternrine by chance the loser or

winner of money, or any object or representative of value.
(2) Knowingly permitting any form of gambling to be carried on
in any place owned or controlled by the offender;

(3) Being maintainer, conductor, or banker in a game

of

jueteng or similar game;

(4) Knowingly and without lawful purpose possessing lottery
paper,
list,
or other matter containing letters, figures, signs or symbol
which pertain to or are in any manner used in the game of jueteng or
any similar game.
Penalties:

(1) Prisidn coreccionalin its medium period or a fine ranging

from F1,000 to P6,000, and, in case of recidivism, the penalty of
prisidn tnayor in its medium period or a fine ranging from P5,000 to
P10,000 shall be imposed on any person who shall directly or
indirectly take part in any of the aforementioned illegal or
unauthorized activities or games or who shall knowingly permit and
form of gambling to be carried on tn an inhabited or uninhabited
place or in any building, vessel or other means of iransoortation
owned and contrelled by him;
(2) Prisiin .coreccional in its maximum period or a fine of
P6,000 shall be imposed upon the maintainer, conductor, or banker
in the aforementioned gambling schemes;
(3) Prisi6n mayorin its medium period with temporary absolute
disqualiflcation or a fine of Pb,000 shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a government
official, or where such government official is the player, promoter,
referee, umpire, judge or coach in case of game fixing, point shaving
and machination;
(4) Prisidn orreccionalin its medium period or

a fine ranging
from Pzl00 to P2,000 shall be imposed on any person who shall,
knowingly ancj without lawful purpose, in any hour of the day, have
in his possession any lottery list, paper or other matter containing
letters, signs or symbols which pertain to or are in any manner used
in the game of jueteng or any similar game which has taken place or
about to take place.

zAs ntnt'udad hy /r,D. No, 1602 (Prcscrilting

!li.lj,r

Pcttnlliet iu llbgnlCarlbli rrg).

36

Art. 196. Importation, sale and possession of lottery

tickets or advertisements.
Acts punished:

(1)

Importing into the Philippines from any foreign place or port

any lottery ticket or advertisemen|
(2) Selling or distributing the same in connivance with the
importer;
(3) Possessing, knowingly and with intent to use, lottery tickets
or advetisements;
(4) Selling or distributing the same without connivance with the
imoorter of the same.
Penalties:

(t)

Aresto mayorin its maximum period to prisi1n correcc,'onal

in its minimum period or a fine ranging from F200 to P2,000, or both,
in the discretion of the court, shall be imposed upon any person who
shall import into the Philippine Islands from any foreign place or port
any lottery ticket or advertisement or, in connivance with the
importer, shall sell or distribute the same.
(2) Any person who shall knowingly and witlr intent to use,
have in his possession lottery tickets or advertisements, or shall sell
or distribute the same without connivance with the imoorter cf the
same, shall be punished by arresto menor, or a fine not to exceed
P200, or both, in the discretion of the court.

Art. 197. Betting in sport contests.

NOTE: Article 197 has been repealed by P,D. No, 483 (Betting,
Game-fixing or Point-shaving and Machinations in Sport Contests)
Art. 198. Illegal betting on horse race.
Acts ounished:
(1) Betting on horse races during periods not allowed by law;

(2) Maintaining or employing a totalizer or other device or

scheme for betting on races or realizing profit theref;'om during the
periods not allowed by law,
Penalties:

(t) Arresto menor or a flne not to exceed P200, or both, shall

be inrposed upon any person who, except durinq thr: period allowed
by law, shall bet on horse races.
(2) Aresto mayor or a fine ranging from P200 to P2,000, or
both, shall be imposed upon any person who, under the same

circumstances, shall maintain or employ a totalizer or other device

scheme for betting on horse races or realizing any profit therefrom.

o,-

Art. 199. Illegal cockfighting.

NOTE: Article J99 has been repealed by P.D. No. 449 (Cockfighting

Law of 1974) and P.D, No. 1602 (Prescribing Stiffer Penalties itt
I//ega/ GamblinE)
CHAPTER TWO
Offenses Against Decency and Good Customs
Art. 200. Grave scandal.
Elements:

(1)
(2)

Offender performs an act or acts;

Such act or acts be highly scandalous as offending againsl

/decency or,food customs;

(3) The highly scandalous conduct is not expressly falling within
any other article of the Revised Penal Code; and
(4) The act or acts complained of be committed in a public
place or withrn the public knowledge or view,
Penalties: Arresto mayor and public censure.

Art. 201. Immoral doctrines, obscene publications and

exhibitions and indecent shows.
Acts ounished:

(1) Those who shall publiciy expound or proclaim doctrine:;

openly contrary to public morals;
(2) (a) The authors of obscene literature, published with their
knowledge in any form; the editors publishing such literature;
and the owners/operators of the establishment selling the same;
(b) Those v;ho, in theaters, fairs, cinematographs, or any other
place, exhibit indecent or immoral plays, scenes, acts, or shows, it
being understood that the obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live or in film, which are
proscribed by virtue hereof, shall include those which: (1) glorift'
criminals or condone crimes; (2) serue no other purpose but tc
satisty the market for violence, lust or pornography; (3)offend any
race, or religion; (4) tend to abet traffic in and use of prohibiteo
drugs; and (5) are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees and edicts; and
(3) Those who shall sell, give away, or exhibit fllms, prints,
engravings, sculptures, or literature which are offensive to morals,

Jd

3cl

Penalty: Prisi5n mayoror a fine ranging from p6,000 to p12,000, or

(c)

both.

CHP.PTER TWO
lvlalfeasance and Misfeasance in Office

Art. 202. Vagrants and prostitutes; penalty'.

Vaqrants:

(1)

Any person having no apparent means of subsistence, who

has the physical ability to work and who neglects to apply himself or

herself fo some lawful calling;

(2) Any person found loitering about public or

semi-pubric

buildings or places or trampling or wandering about the country or

the streets without visible means of support;
(3) Any idle or dissolute person who lodges in houses of illfame;

(4)

Ruffians or pimps and those who habitually associate rvith

prostitutes;

(5) Any person who, not

being included in tfre provisions of

other articles of the Revised Penal Code, shall be found loitering in
any inhabited or uninhabited place belonging to another without any
lawful or justifiable purpose;

(6)

Prostitutes.

Aresto menoror a fine not to exceed

(2) In case of recidivism,

P200;

arresto mayor in its medium period to

prisidn corrrcional in its minimum period or a fine ranging from
P200 to P2,000, or both, in the discretion of the court,

TITLE SEVEN
Crimes Committed by Public Officens
CHAPTER ONE

Prelirnina ry Provisions
Art. 203. Who are public officers.
Requisites to be a oublic offlger:
(1) Taking part in the performance of public l'unctions in tlre
Governmen$ or performing in said Government or in any ol' its
branches public duties as an employee, agent or sub,crdinate official,
or any rank or class;
(2) His aulhority to take part in the performance of public
functions or to perform public duties must be *
(a) by direct provision of the law;

(b)

Art. 204. Knowingly rendering unjust judgment.

Elements:

(1) Offender is a judge;

(2) He renders a judgment in a case submitted to him

decision;

(3)
(4)

for

Judgment is unjust;
The judge knows that his judgment is unjust.
Prisidn mayor and perpetual absolute disqualification,

Penalg:
Art. 205. Judgment rendered through negligence.
Elements:

(1) Offender is a judge;

(2) He renders a judgment in a case submitted to him for

decision;

(3) Ihe judgment is manifes;tly unjust;

(4) It is due to his inexcusable negligence or ignorance.

Penalty: Aresto mayor and temporary special disqualiflcation.

Penalties:

(t)

by appointment by competent authority.

by popular election; or

Art. 206. Unjust interlocutory order,

Elementst

(1)
(2)

Offender is a judge;
He performs any of the following acts:

(a) knowingly renders an unjust

decree; or

interlocutory order or

(b) renders a rnanifestly unjust interlocutory order

or

decree through inexcusable negligence or ignorance,

Penaltigs:
(L) Aresto mayorin its minimum period and suspension;
(2) Suspension, if he shall have acted by reason of inexcusable

negligence or ignorance and

manifestly unjust.

the interlocutory order or decree be

Art. 2O7, Malicious delay in the administration of justice.

Elements:

(1) Offender is a judge;

(2) There is a p'qsgs6ing in his court;
(3) He delays in the administration of justice;

!l

40

(4) The delay is malicious, that is, with

deliberate intent to
party
in the case,
inflict damage on either
PenalW: Prisidn correccionalin its minimum period'

Art. 208. Prosecution of offenses; negligence and

tolerance.

Elements of-dereliction of duty in the prosecution of ofienses:

(1) Offender is a public officer or officer of the law who has
dury to cause the prosecution of, or to prosecute, offenses;

(2) There is a dereliction of the duties of his office, that is,

knowing the commission of the crime, he does not cause the

prosecution of the criminal, or knowing that a crime is about to lre
committed, he tolerates its commission;
(3) Offender acts with malice and deliberate intent to favor thc
violator of the law,
PenElty: Prisidn coneccionalin its minimum period anrJ suspension,

Art. 209. Betrayal of trust by an attorney or solicitor

revelation of secrets.
Acts

ounished:

(1)

(2)

(3) Such offer or promise be accepted, or gift or present

received by the public officer
(a) With a view to committing some crime; or
(b) In consideration of the execution of an act which does
not constitute a crime, but the act must be unjust; or
(c) Io refrain from doing something which it is his official

duty to do.

agrees to perform or which he

performance
of his official duties,
with
the
executes be connected

(4) The act which offender

Penaltie$:

(L) Prision mayor in its medium and maximum periods and a

fine of not less ihan three (3) times the value of the gift in addition
to the penalty cot'responding to the crime agreed upon, if the same
shall have been ccmmitted;
(2) Prision coneccionalin its medium period and a fine of not
less than twice the value of the gift, if the act did not constitute a
crime;

(3)

Prisi1n mneccional

in its

maximum period and prisidn

mayor in its minimum period and a fine not less than three (3) times
the vatue of the gift, tf the object was to make the public officer
refrain from doing something which it was his official duty to do;

Causing damage to his client, either-'

(a) by any malicious breach of professional duty;
(b) by inexcusable negligence or ignorance.

Revealing any oJ the secrets of his client learned by him in

his professional capacitY;"
(3) Undertaking the defense of the opoosing party in the same
case, without the consent of his first client, after har,'ing undertaken
the defense of said first client or after having received confidential
information from said client'
Penaltv: Prisidn correccionalin its minimum period, or a fine ranging
from P200 to P1,000, or both.

Art. 210. Direct bribery.

Elements:
(1) Offender is a public officer within the scope of Article 203;
(Zi OffenOer accepts an offer or a promise or receives a gift or
present by himself or through anolher;

(4) In addition to the foregoing penalties, the offender shall

suffer the penalty of special temporary disqualiflcation.
Art. 211, Indirect bribery.
Elements:

(1) Offender is a Public officer;

(2) He accepts gifts;
(3) The gifts are offered to him by reason

of his offlce.
maximum periods,
its
medium
and
Penalltgg: Prisidn coreccionalin
suspension and Public censure.

Art. 211-A. Qualified bribery.

Elel!ents:

(1) Offender is a public officer entrusted with law enforcemen[

(2) He refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua andlor
death;

\l.V/rr,,, l/rr, n!lonx'V nils ttullt iltnliciotts nlttst' oJ his tutployttrt'ttl

igrrornttr'r', lhrrc xtttst lx'dnl|]ngt lo ltis tlicrrl.
r/Jdrrr/r(c rs ilot tla(l'ssrll'y

or ittt':ttrisrtl;ir' ,r(S/i.qt',rr't'

()/'

(4) Offender refrains from arresting

consideration of any promise, gift, or present.

or

prosecuting

in

ta

AL

43

Penalties:

(1)
(2)

present,

Penalty for the offense which was not prosecuted;

Death,

if the public officer asks or

demands such

gift or

Art. 212. Corruption of public officials.

Elements:

(1) Offender makes offers or promises or gives gifts or presents

to a public officer;
(2) The offers or promises are made or the gifts or presents
given to a public officer, under circumstances that will make the
public officer liable for direct bribery or indirect briberv.
Penaltv: The same penalties imposed upon the officer corrupted,
except those of disqualification and suspension.
CHAPTER THREE

Frauds and Illegal Exactions and Transactions

Art. 213. Frauds against the public treasury and similar
offenses.
Acts punjshed and their respective elementE;
(1) Fmuds against the public treasury.
(a) Offender is a public officer;
(b) He has taken advantage of his office, that is, he
intervened in the transaction in his official capacity;
(c) He entered into an agreement with any interested
party or speculator o; made use of any other scheme rvith
regard to furnishing supplies, the making of contracts, or the
adjustment of settlement of accounts relating to public property
or funds;
(d) l-le had intent to defraud the government,
(2) Illegal extractions.
(a) Offender is a public officer entrusted with the collection of
taxes, licenses, fees and other imposts;
(b) He is guilty of any of the following acts or omissions:
(i) demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by law;
(ii) failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially; or
(ili) collecting or receiving, directly or indirectly, by
way of payment or otherwise, thinEs or objects of a nature
different from that provided by law.

Penalty: Prisidn coneccionalin its medium period to prisiin mayorin

its minimum period, or a flne ranging from P200 to P10,000, or both.
Art.2L4, Other frauds.
Elements:

(1) Offender ls a public officer;

(2) He takes advantage of his official position;
(3) He commits arry of the frauds or deceits

enumerated in

Articles 315 to 318,5

Penaltv: Temporary special disqualification in its rnaximum period to
perpetual special disqualification
addition
the penalties
prescribed in the provisions of Chapter Six, Tltle Ten, Book Two, of

in

to

the Revised Penal Code.

Art. 215. Prohibited transactions.

Elements:

(1) Offender is an appointive public officer;

(2) He becomes interested, directly or indirectly, in

any

transaction of exchange or speculation;

(3) The trarisaction takes place within the territory subject to
his jurisdiction;

(4) He

becomes interested

in the transaction

during

his

incumbency.
Penaltv: Prlsidn correccionalin its minimum period or a fine ranging
from P200 to F1,000, or both.

Art. 216. Possession of prohibited interest by a public

officer.

Persons liable:

(1) Public offlcer who, directly or indirectly, became interested

in any contracts or business in which it was his official duty to
intervene;

(2)

Experts, arbitrators, and private accountants who, in like

manner, took paft In any contract or transactlon connected with the
estate or property in the appraisal, distribution or adjudication of
whlch they had acted;
(3) Guardians and executors with respect to the property
belonging to their wards or the estate.

tArliclas

315-37 E tfufue

nnl (4 olher deccils.

nnd ptnnlizc (l) eslnln; (2) otlrcr lonns of noiudlitrg' (3) stuindlins n niut,r:

{:

Art. 218. Faiture of

Penalty: Arresto mayorin its medium period to prisiotn correccianalin

its minimum period, ora fine ranging from P200 toF1.,000, or both.

accounts.

CHAPTER FOUR

Elements:

Malversation of Public Funds or Property

Art, 217. Malversation of public funds or propetT
presumption of malversation.

Actspunished:

(1) Appropriating public funds or property;

(2) Taking or misappropriating the same;
(3) Consenting, or through abandonment

or

negligence,

permitting any other person to take such public funds or propefty;

(4) Being otherwise guilfy of the

misappropriation or

malversation of such funds or properfy.

Elements cqrunon to all a.cts of malversation under Article 2J7:
(1) Offender is a public officer;

(2) He had the

custody or control of funds

or

properby by

reason of the duties of his office;

(3) Those funds or properry were public funds or property for

which he was accountable;
(4) He appropriated, took, misappropriated or consented or,
through abandonment or negligence, permitted another person to
take them.
Penalties;

(1)

Prisidn correcclonalin its medium and maximum periods, if

the amount involved in the misapproprialion or malvensation does not
exceed P200;

(2) Prisiin mayor in its minimum and medium periods, il' the
amount involved is rnore than F200 but does not exceed P6,000;
(3) Prisidn mayor in its maximum period to reclusidn temporal
in its minimum period, if the amount involved is more than P5,000
but is less than F12,000;
(4) Rslusidn temporalin its medium and maxirnum periods, if
the amount involved is more than P12,000 but is less than P22,000;
(5) Relusicin tempral in its

maximum period

to

reclusi5n

perpetua if the amount exceeds F22,000.

(6) In all cases, persons guilty of malversation shall also srtffer
penalty
of perpetual special disquallfication and a fine equal to
the
the amount sf the funds malversed or equal to the tcltal value of the
properfy embezzled.

arccountable officer

to

render

(1) Offender is public officer, whether in the seryice or

separated therefrom by resignation or any other cause;

(2) He is an accountable officer for public funds or property;
(3) He is required by law or regulalion to render account to the
Commission on Audit, or to a provincial auditor;
(4) He fails to do so for a period ol'two (2) months after such
accounts should be rendered.
PenalW: Prisidn corrrccional in its minimurn period, or by a firre
ranging from F200 to P6,000, or both.

Att. 2X.9. Failure of a responsible public officer to render

accounts before leaving the country.
Elements:

(1) Offender is a public officer;

(2) He is an accountable officer for public funds or property;
(3) He unlawfully leaves or attempts to leave the Philippine

islands without securing a certificate from the Commission on Audit

showing that his accounts have been finally settled,
Penaltv: Aresto mayor or a .fine ranging from P200 to P1,000, or
both.

Art. 220. Illegal use of public funds or property.

Elements:

(1) Offender is a public officer;

(2) There are public funds or property under his administration;
(3) Such fund or property has been appropriated by law or

ordinance;

(4) He applies such public fund or propefi to a public use

other than that for which it has been appropriated by law or
ordinance.
Penalties:

(l)

Prisidn aneccionalin its minimum period or a fine ranging

from one-half (Il2) to the total of the sum misapplied, if by reason of
such misapplication, any damage or embarrassment shall have
resulted to the public seruice. In either case, the offender shall also
suffer the penalty of ternporary special disguallfication;

46

(2) If no damage or embarrassment to the public seruice has

resulted, tne penalty shall be a fine from 5 to 50 percent of the sum
misapplied.

Art. 221. Failure to make delivery of public funds of

property.

Acts punished and their respective elements:

(1) Failing to make payment by a public officer who is under
obligation to make such payment from government funds in his
possession.

(b)

(a)

Public officer has government funds in his possession;

He is under obligation to make payment from such funds;
(c) He fails to make the payrnent maliciously,

(2) Refusing to make delivery by a public officer who has been

oderd by ompetent authority to deliver any property in his custody
or under his administratian,
(a) Public officer has government property in his custody or
under his administration;
(b) He has been ordered by competent authoritry to deliver such
property;
(c) He refuses to make the delivery maliciously.
Penaltv: Anesto mayor and a fine of from 5 to 25 percent of the
sum which he failed to pay. The fine shall be graduated in such case
by the value of the thing, provided that it shall not bet less than F,50.

Att.222. Officers included in the preceding provisions.

Officers included under this Chapter:

(1) Private individuals who, in any capacity whatever, nave

charge of any insular, provincial or municipal funds, revenues, or
property; and
(2) Adminlstrator or depository of funds or property attached,
seized or deposited by public authority, even if such properlry belongs
to a private individual.

'

CHAPTER FIVE

Infidelity of Public Officers

Art. 223. Conniving with or consenting to evasion.
Elements:
(1) Offender is a public officer;
(2) He had In his custody or charge a prisoner, either detention
prisoner or prlsoner by finaljudgment;

(3) Such prisoner escaped from his custody;

(4) He was in connivance with the prisoner in the latter,s
escape.
Penalties:

(l) Prisi1n areccional in its medium and maximum Deriods

and temporary special disqualification in its maximum period to
perpetual special disqualification, if the fugitive shall have been
sentenced by finaljudgment to any penalty;

(2) Prisi6n coneccionalin its minimum period and temporary

special disqualiflcation, in case the fugitive shall not have been finally
convicted but only held as a detention prisoner for any crime or
violation of laur or municipal ordinance.
Art, 224, Evasion through negligence.
Elements:

(1)
(2)

Offender is a public officer;

He is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by finaljudgment;
(3) Such prisoner escapes through his negligence.
Penalty: Aresb mayorin its maximum period to prisi6n correcciona.r
in its minimum period and temporary special disqualification.

Art. 225. Escape of prisoner under the custody

person not a puhlic officer.

of a

Elements;

(1) Offender is a private person;

(2) The conveyance or custody of a prisoner or person under

arrest is confided to him;

(3) The prisoner or person under arrest escapes;

(4)

Offender consents to the escape,

or that the escape takes

place through his negligence,

Penalty: Penalty next lower in degree than that prescribed for the
public officer.

Aft. 226.

documents.

Removal, concealment,

or

destruction of

Elements:

(1)
(2)
(3)

Offender is a public officer;

He abstracts, desliroys or conceals documents or papers;
Sald documents or papers was entrusted to such public
officer by reason of his office;

48
4c)

(4) Damage, whether serious or not, to a thircl party or to the

public interest has been caused.
Penalties:

(t)

Prisidn ma,/or and a fine not to exceed p1,000, whenever

serious damage shall have been caused thereby to a third party or to

the public interesU

(2) Prisidn coreccional in its minimum and medium periods and
a fine not to exceed P1,000, whenever the damage caused to a tnird
party or to the public interest shall not have been serious;
(3) In either case, the additional penalty of temporary special
disqualiflcation in its maximum period to perpetual special
disqualification shall be imposed.

Nt.

227. Officer breaking seal.

Elements:
(1) Offender is a public officer;
(2) He is charged with the custody of papers or properg,;
(3) These papers or property are sealed by proper authoriby;
(4) He break the seal or permits them to be broken.
Penalties: Pniidn corrercionalin its minimum and nredium periods,
temporary special disqualification and a fine not to exr:eed p2,000.

Art. 228. Opening of closed documents,

his custody;

(3) He opens or

permits

Art. 229, Revelation of secrets by an officer.

(1)

Prisidn coneccional in its medium and maximum periods,

perpetual speciai disqualification and a fine not to exceed Fz;000, it

the revelation of cuch secrets or the delivery of such papers shall

have caused seriqus damage to the public interest;

(2) Otherwise, prisi6n correccional in its minimum period,

temporary special disqualification and a fine not to exceed psoo shatt
be imposed.

Art. 230. Public officer revealing secrets of private

individual.

(1)
(2)

to

to be opened said closed papersi

documenb or objects;
(4) He does not have proper authority,
Penalties; Arresb mayor, temporary special disqualification and
fine of not to exceed P2,000,

(0

Penalties:

Elements:

Elementq:

(1) Offender is a public officer;

(2) Any closed papers, documents, or object are entrusted

(d) Damage, great or small, is caused to the public

interest.
(2) Delivering wrongfully papers or copies of papers of which he
may have charge and which should not be published.
(a) Offender is a public officer;
(b) He has charge of papers;
(c) l'hose papers should not be published;
(d) He delivers those papers or copies thereof io a third person;
(e) The delivery is wrongfut;
Damage is caused to public interest.

his office;

Offender is a public officer;

He knows of the secrets of a private individual by reason of

(3) He

reveals such secrets without authority

reason.

or

justifiable

Penalties: Arresto mayorand a fine not to exceed F1,000.

CHAPTER SIX
a

Acts punished and their respective elements:

(1) Revealing any secrets known to the offending public officer
by reason of his official capacity,
(a) Offender is a public officer;
(b) He knows of a secret by reason of his officjal capacity;
(c) He reveals such secret without authority or justifiable
reasons;

Other Offenses or Irregularities by public Officers

Art, 231. Open disobedience,

ElemenlS:

(i)

Offlcer is a judicial or executive officer;

(2) There is a judgment, decision or order of a

authorily;

suoerior

(3) Such judgment, decision or order was made within the

scope of the jurisdtction of the superior authoriw and issued with atl
the legal formalrties;
(4) He, without any legaljustification, openly refuses to execute
the said judgment, decision or order, which he is duty bound to obey.

50

Penalties: Arresb mayorin its medium period to prisidn coreccional

period, temporary special disqualification in its
maximum period and a fine not to exceed P1,000.

in its minimum

4ft. 232. Disobedience to order of superior officer when

said order was suspended by inferior officer.
Elements:

nrnaI

(1) Offender is a public officer;

(2) An order is issued by his superior for executi,cn;
(3) He has for any reason suspended the execution of such

(4) His superior disapproves the suspension of the execution of

the order;
(5) Offender disobeys his superior despite the disapproval of
the suspension.
Penalties: Prisi1n coreccional in its minimum and rnedium periods
and perpetual special disqua lification

Art. 233. Refusal of assistance.

Elements:

(i)

Offender is a public officer;

(2) A competent authorify demands from the offender that he

lend his cooperation towards the administration of justice or other

public service;
(3) Offender fails to do so nraliciously,
Penalties:
Arresto mayorin its rnedium period to prisidn correccionalin
its minimum period, perpetual special disqualificatlon and a fine not
to exceed P1,000, if such failure shall result in serious damage to the

(l)

public interest, or to a third

(2)

pafi;

Otherwise, aresto mayor in its nredium and maximum

periods and a fine not to exceed P500 shall be imposed,
Art. 234. Refusalto discharge elective office.

Elements:
(1) Offender is elected by popular election to a public office;
(2) He refuses to be sworn in or to discharge lhe duties of said

office;

(3) There is no legal motive for such refusal to be sworn in or

to discharge the duties of said office,
Pen?lty: Arresto mayoror a fine not to exceed Pl,000, or both.

Art. 235. Maltreatment of prisoners.

Elementsl

(1) Offender is a public officer or employee;

(2) He has under his charge a prisoner or detention prisoner;
(3) He rnaltreats such prisoner in either of the following

manners:

(a) by

overdoing himself

in the correction or handling of

prisoner or detention prisoner under his charge either

by the imposition of punishment not authorized by
the regulatiorrs; or
(ii) by inflicting such punishments (those authorized)
in a cruel and humiliating manner;
(b') by maltreating such prisoners to extort a confession or
to obtain some irtformation from the prisoner,

(i)

Penaitles:

(l)

Prisidn coneccionalin its mediurn period to prisidn mayorin

its minimum period, in addition to his liabilig for the physical injuries
or damage caused.
(2) Pris,'dn mayor in its minimum period, temporary absolute
disqualification and a fine not to exceed P6,000, in addition to his
liability for the pftTsical injuries or damage caused, if the purpose of
the maltreatment is to extort a confession, or to obtain some
information from the prisoner,

Art, 236. Anticipation of duties of a public office.

Elemenls:

(1) Offender is entitled to hold a public office or employment,

either by election or appointment;
(2) The law requires that he should first be sworn in andlor
should first give a bond;
(3) He assumes the performance of the duties and powers of
such office;

(4) He has not taken his oath of ofilce and/or given the bond
required by law,
PSnalty: Suspension from such office or employment until he shall
have complied with respective formalities and a fine ranging from
F200 to P500.
Art, 237, Prolonging pedormance of duties and powers.
Flemenls:
(1) Offender is holding a public office;

52

53

(2) The period provided by law, regulations or special provision

for holding such office, has already expired;
(3) He continues to exercise the duties and powers of such

office.

Penalties: Pisi6n anectonal in its minimum period, special

in its minimum period and a fine not to

temporary disqualification
exceed F500.

Elements:

Elements:

(1) Offender is an officer oF the executive branch of

(2)

in its minimum and medium periods, if

such office shall have been abandoned in order to evade the

discharge of the duties of preventing, prosecuting or punishing any of

the crimes falling rvithin Title One, and Chapter One of Title Three of
Book Two ofthe Revised Penal Code;
(3) Arresto mayor, if the purpose of such abandonment is to
evade the duty of preventing, prosecuting or punishing any other
crime.

Att. 239. Usurpation of legislative powers.

of

his

Penafties: Prisidn oneccional in its minimum period, temporary

special disqualification and a fine not to exceed P1,000,
Art. 240. Usurpation of executive functions. "
Elements;
(1) Offender is a judge;
(2) He performs any of the following acts:

He performs any of the following acts:

(a) assumes judicial powers; or

(b) obstructs the execution of any order or

public

(1) Arresb mayon

(2) Prisidn orrecciona/

authority;
(b) attempts to repeal a law; or
(c) suspends the execution thereof,

the

government;

service.
Penalties:

Elements:
(1) Offender is an executive or judicial officer;
(2) He performs any of the following acts:
(a) makes general rules or regulations beyond the scope

(b) obstructs the executive authorities in the lawful exercise

of their powers,
Penalty: Arresto mayorin its medium period to prisi6n conrccionalin
its minimum period.

Aft. 241. Usurpation of judicialfunctions.

Art. 238. Abandonment of office or position.

(1) Offender is a public officer;

(2) He formally resigns from his position;
(3) His resignation has not yet been accepted;
(4) He abandons his office to the detriment of the

(a) assumes a power pertaining to the executive authorities;

or

decision

rendered by any judge within his jurisdiction.

lenalty: Anesto mayorln its medium period to prisi6n coreccionalin
its mininrum period.

Art, 242, Disobeying request for disqualification.

Elements:

(1) Offender is a public offlcer;

(2) A proceeding is pending before such public officer;
(3) There is a question brought before the proper

authority
regarding his jurisdiction, which is not yet decided;
(4) He has been lawfully required to refrain form continuing the
proceeding;
(5) He continues the proceeding.
Penalty: Anesto mayorand a fine not to exceed F500.

Aft. 243. Orders or request by executive officers to any

judicial authority.
Elements:

(1) Offender is an executive officer;

(2) He addresses any order or suggestion to any judicial

authority;

(3) The order or suggestion

relates

to any case or business

coming within the exclusive jurisdiction of the courts of justice.

Penaltv: Arresto mayorand a fine not to exceed P500.

Art. 244, Unlawful appolntments.

EiementS:

(1)

Offender is a public officer;

54

55

(2) He nominates or appoints a person to a public office;

(3) Such person lacksJhe legal qualifications therefor;
(4) Offender knows that his nominee or apFointee lacks the

Art. 247. Death or physical injuries inflicted

exceptional circumsta nces.

Elements:

qualification at the time he made the nomination or appointment.

Penaltv: Anesto mayorand a fine not to exceed P1,000,

(1) A legally married person, or a parent, surprises his spouse

or his daughter, the latter under 1B years of age and living with him,
in the act of committing sexual intercourse with another person;
(2) He or she kills any or both of them, or inflicts upon any or
both of them any gerious physical injury in the act or immediatety
L:=:=-

Art. 245. Abuses against chastity.

Elements:

(1) Offender is a public officer;

(2) He solicits or makes immoral or

indecent advances

to

thereafter;

(3) l-le .has not promoted -or facilitated the orostitution

wife oidaug
of the otlrer spouse.

woman;

(3)

Such woman is:

(a)

interested in matters pending before the offender for

decision, or with respect to which he is required to submit a
repoft to or consult with a superior officer; or
(b) under the custody of the offender who is a warderr or
other public officer directly charged with the care and custody of
prisoners or persons under arrest; or
(c) the wife, daughter, sister or relative within ttre sanre
degree by affiniV of any person in the custody of the offender,

(I)

Destieri'o, if he kills any or both of them in the act or

immediately thereafter, or shall inflict upon them serious physical
injury;

(2) If

he shall inflict upon them physical injuries of any other

kind, he shall be exempt from punishment.

Art.248. Murder.
Elements:

(1)

TITLE EIGHT
Crimes Against Persons
CHAPTER ONE

Destruction of Life
Art. 246. Parricide.
Elements:
(1) A person is killed;
(2) The deceased is killed by the accused;

(3) The

legitimate

deceased is the father, mother, or child, whether

or illegitimate, or a legitimate other ascendant or other

descendant, or the legitimate spouse, of the accused,

Penalty: Reclusidn perpetua to death,

of his

Penalties:

Penalties:

Prisidn correccional in its medium and maximum periods

and temporary special disqualification;
(2) Prisidn conercionalin its minimum and medium periods and
temporary special disqualification, if the person solicited be the wife,
daughter, sister or relative within the same degree by affinily of any
person in the custody of such warden or officer.

under

(1) A person was killed;

(2) Accused killed him;
(3) The killing was attended by any of the foltowing qualifying

clrcumstances:

I AEI
S

(a) with treachery, taking advantage of superigr :trength,

with the aid or armed men, or employinq msellje__Uffie4_thg
defense, G of mEans or pEsons to insurebr afforoGdnityl?
--(b) jg.consideqlion of a price, reward o*ro;O;1-" 'z\

,.

(.j

Sf r@"i ,rnunaffi4*ptosion, lfP#

6hipwreck,.,Stranding of a vessel,derailment or assault upon a,5"l mtri1

railroad, fall of an air;hip, by means of dotor vehicles, or with
tvt0vt
the use of4fother(neans involving great waste and
enumerated in the
v Qlpreceding p-elagraph, or of an /arthquake,druption of a volcano,
'ucuve cyctone, eproemrc,
pr,lblic calami$;
destructive
otfrer pqolrc
calamtry;
ryclone, epidemic, or any otner
*1 .futd,rr"
r/c\ wth
AmllA 4rn;vnln{,-'iAiliU
Wltttd"-to{nnlNl(e)
wrth avirteni
with
evident premeditation;
evident'premeditationl
UUN. ""h
UlAt
^.o-oiitrti^^l Aqut&loWtn$'

z6D1p
yz
V

-;;;f^'

ruin;

t9)

(f) withffi

the su.fferino of the v.ictim, oi AUlEgi

orcqrpsqi

uA0S

andinhumantv Ugrng$ilg_

b tfo
;twt;rn:

56

-,

(4)
Penalty:

i tt
i t!

The [illine is gp911ggqol,llfan-tic!

Rffluffi.

,.

Art.249. Homicide.
Elements:
(1) A pemon was killed;
(2) Offender killed him without any justifying circumstances;
(3) Offender had the intention to kill, which is presumed;
(4) The killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.
Penaltv: R*lusl6n temporal.

Art. 250. Penalty for frustrated parricicle, murder or

homicide.
Penalties:

r
X

(1) Courts may impose a penalty two (2) degrees lower for
frustrated parricide, murder or homicide;
(2) Courts may impcse a penalty three (3) dergrees lower for
attempted parricide, murder or homicide.
Art. 251. Death caused in a tumuttuous affray.
Elements:

(1) There are several persons;

(2) fiey do not compose groups

tr\

r..r'^ l

tr$l

(s)lrsan-nolheascerraineo,wh"e^a9!]-*ly*g,l:g*tlsgessg*e.3i
(5)rhegglsqo.er:.p-erse.ns"*ho.nf li_cl*d*l-iiffi dlplysisall_n:s"t!_qs
or who used violence can be identified.
Penalties:

and maximum periods

shall be imposed upon all those who shall have used violence upon
the person of the victim, if it cannot be determined who inflicted the
serious physlcal lnjuries on the deceased.

Art. 252. Physical injuries inflicted In :r

affray.

ELements:

(1)

There is a tumultuous affray;

(2) A participant or some participants

, =

thereof suffered serious

iniuries or physical injuries of a less serious nature only;

, _"/.Fhysical
(3) The.person responsible therefor cannot be idenHfied;
(rt) Ail those who app$r to have used violence uoon the

gtlhg-atrendd-PaSffi e-kney[n,
Penalties:

(1) Penalty next lower in degree than than provided for the
physical injuries so inflicted, when only serious physical injuries are

inflicted upon the participants thereof and the person responsible

therefor cannot be identified;
(2) Anestp mayor from five (5) to fifteen (15) days, when the
physical inJurles inflicted are of a less serious nature anb the person

responsible therefor cannot be identified.

Art. 253. Giving assistance to suicide.

Acts punished:
(1) Assisting another to commit suicide, whether the suicjde rs
consummated or not;
(2) Lending his assistance to another to commit suicide to the
extent of doing the killing himself.
Penalties:

organized for the common

purpose of assaulting and attacking each other reciprclcally;
(3) These several persons qu{reled a:rd assaulted one another
a
.jn -confused and tumultuous m5-J:rlgl]
(+) leeegls-rya"r"Hled,inl]1*r"0srse"efth^s"affriu;

(1) Prisi6n mayort

(2) Prisidn mreccional in its medium

tumultuous

(1)
(2)

Prisidn mayon

Reclusidn temporal, if such person lends his assistance to

another to the extent of doing the killing himself;
(3) Aresto mayor in its medium and maximum periods, if the
suicide is not consummated.

Art. 254. Discharge of firearms.

Elements:
(1

) Of

(2)

fer r d er .{!s9h.a f.ges,

a,li rearm _againsf .pr- at.a nother. perssn

Offender had no intention to kill that Derson.

Penalty: Prisidn corffiffi-ilreoium

periods,
such thal the act can be held to
frustrated

of the Re'..lsed Penal Code.

5S

Art. 255. Infanticide.6

(a) As a result of the violence, the fetus dies, either in the

Elemenb:

(1) A child was killed;

(2) The deceased child was

seventy-two (72) hours old;

(3)

less than three (13) days old or

The accused killed the said child.

(1) Penalty provided for Parricide in Article 246 and for Murder
in Article 248;
(2) Prisidn mayor in its medium and maximum periods, if the

crime is committed by the mother of the child for the purpose of

concealing her dishonor;

(3) Rslusl5n temporal, if the crime is committerd

purpose by the maternal grandparents or either of them,

for tlie same

Art. 256. Irrtentional abortion.

is exerted, or

drugs

or

beveraqes administered

.,.-;l--rym---

tnal me accuseo otnerwtse

(3) As a*tesgJ-t oi
upon her, or any other
the womb or after
expelled
(4) The abortion is intended,

s or Deveraoes

therefrom; '::

Penalties:

(t)

R*lusi6n temporal, if he shall use any violence upon ihe

person of the pregnant woman;

(2) Prisidn mayon if without using violence, he shall act without
the mnsent of the woman;
(3) PrisiSn mtreccionalin its medium and maximum periods, if
the woman shall have consented.

Art. 257. Unlntentional abortion.

Elements:

(1)

Thg'e is a pregnant woman;

iZicftre!ft i;

used upon such pregnant woman without

Inrenorng an aDoruon;
(3) The violence is intentionally exefted;

6As omended hy Sectiou

(c)

ggjsealrng.Xe[-d
Penalties:

(1)

There is a pregnant woman;

Molence

(2) The
(3) Abo
is ca
by:
(a) the pregnant woman herself;
(b) any@onsent;

or
r

!s h

qng r.

Prisidn corecclonalin its medium and maximum periods, if

a pregnant woman shall practice an abortion upon herself or

ELements:

without

Art. 258. Abortion practiced by the woman herself or by

her parents.
Elements:

Penalties:

(1)
(2)

womb or after having been expelled therefrom.

Penalty: Prisldn atnercionalin its minimum and medium oeriod.

Art, 259,,'Abortion practiced by a physician or midwife

and dispensirrq of abortives.

ru
Etements:
(1)
(2)

There is a pregnant woman who has suffered an aboftion;

The abortion is intended;
who ntust be a physician or midwife, caused or
--\Offender,
(assisted
ih. causrng the abcrtion;

or midwife took-gdvanlaffi of his or

-pfSEffisiclan
scientific knowledge or skill.

@r

(1)

Penalties provided

in Article 256 shall be imposed in

maximum period, respectively;

her

iG

(2) Arresto mayor and a fine not to exceed p1,000, if any

pharmacist who, without the proper prescription from a physiclan,
shall dispense any abortive.

V ol R.A, No. 7659 (The Dcnlh Pannlty Ltrul.

shall

consent that any other person should do so;

(2) Prisidn mnercionalin its minimum and medium periods, if a
pregnant woman shall commrt this offense to conceal her dishonor
-(3)
Prision arreccionalin its medium and maximum perioOs, if
this crime be commltted by the parents of the pregnant woman or
either of them, and they act with the consent of said wornan for the
purpose of concealing her dishonor.

60

ot

Art. 260. Responsibility of participants in a duel.

(a) The mutilation involves a part of the body, other than

an organ for reproduciion;
(b) The mutilation is done with a deliberate purpose of
depriving a person of that part of his body.

Acts punished:
(1) Killing one's adversary in a duel;
(2) Inflictlng upon such adversary physical injuries;
(3) Maklng a combat although no physical Injuries have been
inflicted.
Persons liable:
(1) The person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other case, as principals.
(2) fte seconds, as accomplices,
Penalties;
(1) Reclust5n temporalshall be imposed upon any person who
shall kill his adversary in a duel;

(2) The penalty

provided for,

physical injuries only;

Penalties:

(1) Reclusi6n temporalto reclusidn perpetua, if the mutilation

involves an organ for reproduction;
(2) Prisidn mayor in its medium and maximum periods, if the
mutilation involves a part of the body, other than an organ for
reoroduction.

a{e'

if he shall inflict upon the latter

(2)
(3)
(4)

(3) Arresb mayor, in any other case, although no physical

injuries have been inflicted,

By beating;

ld

#rl rt

By assaulting; or
By administering injurious substance.

^ Penalties:
f|l (1) PrElgI--nAW' if in consequence
l)l-

Art. 261. Challenging to a duel.

Acts ounished:
(1) Challenging another to a duel;
(2) Inciting another to give or accept a challenge to a duel;
(3) Scoffing at or decrying another publicly for having refused
to accept a challenge to fight a duel.
Penaltv: Prisidn corrscionalin its minimum period.
CHA.PTER TWO

of the physical injuries

inflicied, thtinjurATerson shall become
or hlind:
Q) Prision coneccionalin its medium and maximum periods, if
in consequence of the physical injuries inflicted, the person injured
shall have lost the use of speech or thg *LW_gLtg.ISaI qtJgjlt]gll, or
shall
uuu
lpst theggg p"f*gry s-uch."BgmgeI, or shall have beco."m_e incapacitated
-f-qf ,!hS"Wptk in which he was theretofore habitually
its minimum and'meOluir periods, if
PglFfWision mneccionalin
in conseguence of the physical injuries inflicted, the person injured
'r S:JShall have become deformed, or shall have lost anv other oart of his
f,rrir'W oooy, orTneTI-haVe
tne use thereof,
snail nave lost the
mereor, or-gFell-naW-frcen-i"11"--or
or snall have been lll or
performance
for
the
of the work in which he was
ffiacitated
habitually engaged for a period of
(4) Anestonayorin its maximum period to irbion oneccional
its
-rrifl minimum period, if the physical injuries inflicted shall have
ft5tl caused the illness or incapacity for labor of the injured person for
more than thlrty (30) days;
(5) If the offense shall have been committed against any of the
persons enumerated in Article 246, ar with attendance of any of the
circumstances mentioned in Article 248, the case covered bv

i@

?(,

have

erig";'dry-

Physical Injuries

Art. 262. lrlutilation.

'

Acts punishgd and thgir respective elenlents:

(1) Intentionally mutilating another by depriving him, either

Jglalgor-padiatty, of some essential organ for reproduction,
(a) There be a castration, that is,y'ru,"u,,on of p4lrs
necessary for generation, such as the penis or ovarium;
(b) The mutilation is caused -Bglposely agldelibeplglly/
that is, to deprive the offended party'iFi6ifr-ffi8'r
reproduction
(2) IntenUonally (making
of the

Art. 263. Serious physical injuries.

How committed:
(1) By wounding;

that is, bv loooino or

the offended party,_glhcrjhaslbe

that part of

his

@;

,
'

IlfB

63

62

subdivision number 1 of this article shall be punished by reclusidn

temponlin its medium and maximum periods; the case covered by
subdivision number 2 6y prisi5n coreccionalin its maximum period

to prisidn mapr in its minimum period; the case covered by

subdivision number 3 by prisi6n coreccional in its medium and

maximum periods; and the case covered by subdivision number 4 by

prision mrxc*ionalin its minimum and medium periods,

Art. 264, Administering injurious

substances or

beverages.

Offender i nlilicted u pon--a n ath e r Em/serious ohv$gg l, in jqu

(2
It was done by Fnowi ng lv. gd.nil r_g!9ri nq!q, hims0Y-jn j u riou.)
substance or heyeraqss uo_d OV
nrind or creduliW;
HEhiO no intent to kill.
penaities: rne pEfililiffiE]jshed by the next precedlng article.
1

)
)

@_gg!!g5-of

--6

.:n,rus.

Less serious physicat

(1)

injuries.

i0 - W dn#
$lldeg

Offended party is incapacitated for labor for "tgn

or needs medical
or more (but not more
period
of time;
attendance for the same
( 2) The physica I inj u ries, musl-.nol''be- tho$*-deseribeS*in-Ihe

thSi-lhiffi@,

ggiggDsrsEles.

duringthesffi

(2) Physical iirjuries which did not prevent the offended party
ffom engogingin hi. hahituaLrn'o
l

altendansg;
w,ui.e.!-:;it

--'

(3) Jllj1ggment of anothqi',"-*iby deed

(1) Aresto mayoa

(2) Aresto mayor and a fine not to exceed F500, if the

(l)

Arresto menon when the offender has inflicted physiol

injuries which shall incapacitate the offended pafi for labor from one
(1) to nine (9) days, or shall require medical attendance during the
same period;
(2) Arresto menor or a fine not to exceed P20 and censure,
when the offender has caused physical injuries which do not prevent

the offended

pafi

from engaging in his habitual work nor require

medical attendance;

(3) Aresto menorin

its minimum period or a fine not to exceed

P50, when tl',e offender shall ill-treat another by deed without

causing any injury.

CHAPTER THREE

Rape

Art. 266-A. Rape, when and how committed,

Penalties:

less

serious physical injuries shall have been inflicted with the manifest
intent to insult or offend the injured person, or under circumstances
adding ignominy to the offense;
(3) Prisidn ccnxcionalin its minimum and medium periods, if
the less serious physical injuries shall be inflicted upon the offender's
parents, ascendants, guardians, curators, teachers, or persons of
rank, or persons in authority, provided that in the case of persons in
authority, the deed does not constitute the crime of assault upon
such oerson.

(1) Physical inJuries which incapacitated the offended party for

labor from one (1) to nine (9) days, or required medical attendance

Penalties:

Elements:
(

Art, 266, Slight physical injuries and maltreatments.

Acts punlshed:

Elements under paragraph 1:

Offencler'is a man;
fh.A

f ril)
l.J*"(z)
@geofawoman;
) Such act is acco'inplished under any of the following
(a)

by using force or intimidation;

(b). when the woman is deprived of reason or otherwise

D
t' (c) by means of fraudulent machination or grave abuse of
,5-h\
authority; or
(d)
when the woman lS under-,ti,velve (12) years of age or
D
\W
demented.
glrconscrous;

Elgments-under pa.raoraph 2 :
(1) Offender commits an

qqglgM!_lssault;

ll

tit:

I
ii
J:

(2) The act of sexual

li

assault

is committed by any oi

the

following nreans:

(a) by insefting his penis into another

Pe.rson's mouth or

gl.J-ai&eroi(b)byinsedrtg-*q1y_ln-s$eserlp"r-qbje*.in!-o.*!hgggllB"l-oI

anal orifice of another Derson.

l,

fJfTn"e atr rtf-sexuailssiutt

followi ng circrmstances

is accomplished trnder any of the

(a) by using force or intimidation; or

(b) when the woman is deprived of reason or otherwise

unconscious; or
(c) by means of fraudulent machination or grave abuse of

authority; or
(d) when the woman is under hvelve (12) years of age or
demented.

)
|

Art.266-8. Penatties.
(1) Rape under paragraph 1 of the next preceding

afticle shall

be punished by reclusi6n perPetua;

(2) Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty sirall be reclusidn
perpefula to death;
(3) When by reason or on the occasion of the rape, the victint
has become insane, the penalty shall be reclusidn perpeilE to death;
(4) When the rape is attempted and a homicide is committed by
reason-or on the occasion thereof, the penalty shall be reclusion
perpetua to death;
(5) When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be death;
(6) The death penalty shall also be imposed if the crime of rape

is

committed with any

of the following aggravating/qualifying

circumstances:

(a) when the victim is under eighteen (18) years of age

and the offender is a parent, ascendant, step'parent, guardian,

relative by consanguinity or afflnity within the third civil degree,
or the common-law spouse of the parent of the victim;
(b) when the victim is under the custody r:f the police or
rnilitary authorities or any law enforcement or penal institution;

(c) when the rape is committed in full view of the spouse,

parent, any of the children or other relatives within the third civil
degree of consanguinity;
(d) when the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be such
by the offender before or at the time of the commission of the
crime;
(e) when the victim is a child below seven (7) years old;
when the offender knows that he is afflicted with
Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually transmissible
disease and the virus or disease is transmitted to the victirn;

(f)

(g) when committed by any member of the Armed Forces

of the Philippines or para-military units thereof or the philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position to
facilitate the commission of the crime;
(h) when by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or disability;
rryhen the offender knew of the pregnancv of the
offended pafi at the time of the commission of the crime; and

(i)
(j)

when the offender knew of the mental disabili$,

emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.
(7) Rape under paragraph 2 of the next preceding article shatl
be punished by prigi6n mayon

(B)

weapon

Wheneve'r

the rape is committed with the use of a deadly

or by two or more persons, the penalty shall be pisidn

mayor to reclusidn tempora l;

(9) When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be reclusiin tempoml;
(10)When the rape is attenrpted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be relusi1n
temporal to re:lusi6n perpetu1
(11)When by reason or on the occasion of the rape, homlcide is
commltted, the penalty shall be reclusi6n perpetua;
(12) Reclusldn temporal shall also be imposed if the rape is
commltted with any
the ten (10) aggravaUng/qualifytng
circumstances mentioned in this Article.

of

66

tt/

Art. 266-C. Effect of pardon,

(1) A

the offender and the

offended party
the
criminal
action
or the penalty
-glsingglshes
subsequent marriage between

imposed;

(2) The subsequent forgiveness by the wife, in case the legal

husband is the offender, extinguishes the criminal action or the
penalty, unless the marriage is void ab lnitio,
Art. 266-D. Presumptions. Evidence which may be accepted
in the prosecution of rape:
(1) Any physical over act manifesting resistance against the act
of rape in any degree from the offended party;
(2) Where the offended pafl is so situated as to i"ender
him/her incapable of giving consent.
TITLE NINE
Cri m es Ageing!_Pe rsolel_l=!

letU

an

d Secu

ri

ty
7

(2) He kidnaps or detains another, or in any other manner

deprives the latter of his liberty;

(3) The act of detention or kidnapping must be illegal;

of the offense, any of the

public

(c) any serious physical injuries shall have been inflicted

upon the person kidnapped or detained; or if threats to kill hlm
shall have been made;
(d) the person kidnapped or detained shall be a minor,
except when the accused is any of the parents, female or a
public officer.
(2) Death, where the kidnapping or detention was committed
for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances abovementioned were
present in the cornmission of the offense;
(3) The maximum penalty, when the victim is killed or dies as a
consequence of the detention or is raped, or is subjected to torture
or dehumanizing acts, the maximum penalty shall be imposed.

(1) Offertder is a.private individual;

(2) He kidnaps of"e"t6fiim5i6'er, or in any other

manner

deprives him of his liberty.

(3) The act of kidnapping or detention is illegal;

(4) The crime is committed withoulllhs

attendance of any of

lhecir'mstanqeteCIqm-eRgg-lLA*iSn.ap7:---_following

circumstances is present:
(a) the kidnapping lasts for more rhan three (3) days;
(b) it is committed simulating public authority;

i;$
\S
(c)
physical InJufles
-,.
serious pnystcat
injuries are inflictpd
InnlcrFo upo/n
upgn tne
the
-n -fltc, any seflous
i

mdde; or
,Q
-)"p"rqpn kidnapped or detained or threats to kill hilare ffie;
"--) -lperspn
kidnapped or detained is a+{inor, 6rnale, or
${ry
- 'a public
1l9l _the_person
officer.

Penalties:

(1)

shall have been committed simulating

Elements:

Elements:
(1) Offender is a private individual;

commission

it

Art. 268. Slight illegal detention.

Crimes Against Liberty

Art. 267. Kidnap!ffind serious illegildetention.

(4) In the

(b)
authority;

Reclusi6n perpetua to death if:

(a) the kidnapping or detention shall have lasted more

than three (3) days;

Penalties:

(1) Reclusi6n temporal shall be imposed upon any private

individual who shall commit thc crimcs dcscribed in the next
preceding article without the attendance of any of the circumstances
enumerated therein, The same penalty shall be incurred by anyone
who shall furnish the place for the perpetration of the crime;
(2) Prisidn mayor in its minimum and medium periods and a
fine not to exceed P700, if the offender shall voluntarily release the
person so kidnapped or detained within three days from the
commencement of the detention, without having attained the
purpose intended, and before the institution of criminal proceedings
against him.

Art. 269. Unlawful arrest.

Elements:

lAs ntwttdctl by.\oclrol 3 of R. A. No. l8 (Arr Att Atttt'trditrg Artirlts 62, 276, 268, 270, 271
nnd 299 of llrt Rttnsrl Ptuol Codc) tttrl St,e t iotr I c/ 11, A. No. 7S50 (-l ln' Dcnth lr(ttillt v Lail).

68

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

(3) It is under the pretext _of.Iei[bqrsino lrimtetf of a debr

incurred by an ascendanigu-iEiEn orlerson entrusted wrth the
custody of such minor.
Pelaltyl Prisldn cotr*clonatin its minimum and medium periods ano
a fine not to exceed P500.

authorities;

*"TIfrne
nn

rorcanrhla

arrest or detention is not authorized bv raw or there

ara'
!L^-^4^-

is

'^J

Aft.

(1)
(2)

Offender is entrusted with the custody of a minor person;

:,-'-"""*'r
He deliberatety faits to restore-ifrFiE
) the said minor to hiis parents
3rg-guardians.Penalty: Rslusi6n perpetua.

l.ft,27L. Inducing a minor to abandon

Elements:

2-74. SSwices
renderi:d under compulsion
in
%%%-@r
' 4

PaYment Of debt.

EleEents:
Offender _gamgdlf a debtor
".liousehold seryant or"Fdrm laEcirer;

,/ Ol

* to work for him, either as

.selnsrue*deh!9ri:{,U
I?) l!Theis pupgs.g19tg.Eq-u.i1g_oi
enforce the paymenr of a debt.
^Pena (:l
ltv: Arreiio maWfrfr mffiffiririi-peiiTffit\friffiorrecciona /

his home.

(1) A Tl_ngl (whether over or under seven (7) years of age) is

livinq in the home of l_hpSrenlr.p;_gggg[lgns or the
F]erson entrlsted

in its minimum period.

wiiFfE cust-odf--'
(2

) offe_nder ill(gc"g: jgg.ninsr_Lp_-e.hgn!9n

Penat0es:

"''..*-.^e'ert*.-

such

ho m

e.

(1) Prision orrercionaland a fine not to exceed F700;

(2) Aresto mayorand a fine not to exceed p300, or both, if the

(1)

Offender $urchases, c'6lls, KiOnaps or detains

being;

(2)

ii.,

The purpose

heinn
Penalties:

of the offender is to

human

enslave such human

crime be committed for the purpose of assigning the offended party

to some immoraltraffic.

Art. 273. Expfoitation of child labor.

(z)

cHaptER Two

Art. 275, lbqndonment of persons in danger and

do n m e nt of-i-ie-5o-wn victi m.'

(1) Failing to
offender finds in a
tt
I'

t:
IJ

assi

unless such omlssion shall constitute a more serious offense.

(a) The place is not inhabited;
(b) Accused found tnere a person wounded or in danger of

Hl

Accused

.g-,u1g9rarr'*.r.*r, r.,r''"nlo

hlneelf;

(1) Prisidn mayorand a fine of not to exceed p10,000;

(2) The penalty shall be imposed in its maximum period, if the

Elements:
(1) Offender re'pins

"

Crimes Against Security

Acts puniFhed and their respective elements:

person committing any of the crimes covered by the two prececling

articles shall be the father or the mother of the minor,

Art,272, Stavery.
Elements: /

ba

.if'

in his services;

AmIUr
Itirggelnr-W**

(2)
offender

(3)

(d)

Accused-LeilS.lg reldgl_asstsgnce.

Faiting

to

help

br

renAer

assistinFto another whom

s qcglglenta lly wou nded or i nj u red.

By
under seven

(7) years of age,

to the authorities or to his

the offender

a safe

Art. 276. Abandoning a minor.

Elements:

(1)

the

ha

Offender has the cuslggly of a chitd;

70

(2) The child is uQQg:gyen_(7) years of age;

(3) He abandons such child;
(4) He has no intent to kill the chilci when the latter

(2)

rs

aoanooned.
Penalties:

(1.) Aresto mayorand a fine not to exceed P500;

Prisi6n arrecional in its medium and maximum periods,
when the death of the minor shall result from such abandonment;
(3) Prisidn orrercionalin its minimum and medium periods, if
the life of the minor shall have been in danger only.
Art, 277. Abandonment of minor by person entrusted
with his custody; indifference of parents.

(2)

Acts ou.nished and their respective elements:

Employing children under sixteen (15) years of age who are

not the children or descendants of the offender in exhibitions of
acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the
offender being an acrobat, etc., or circus manager or engaged in a
similar calling;
(3) Employing any descendant under Wvelve (12) years of age

in

dangerous exhibitions enumerated

in the next preceding

paragraph, the offender being engaged in any of the said callings;

(4) Delivering

child under sixteen (16) years

of

age

gratuitously to any person following any of the callings enumerated

in paragraph 2, or lo any habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher or person entrusted in any
caoacity with the care of such child; and

(5) Inducing any child under sixteen (16) years of age to

abandon the home of lts as:endants, guardians, curators or teachers

, in the absence of that one,

(a)

Offender has cba$e of the rearingror educatioQ or

to follow any person engaged in any of the callings mentioned in

paragraph 2 or to accomparry any habitual vagrant or beggar, the
a

minor;

(b)

persons;

He

t!:gr

said minor to

public institution or other

(c) The ang*Who__Slrg5lgd such child to the offender has

ngl--co!gnted to such act; or if the one who entrusted such
child to the offender is absent, tlre prsffll-Aglbgrilie5 have not
consented to it.

offender being any person.

Penalty: Prision coreccionalin its minimum and medium periods and

a fine not to exceed P500.
Art,279. Additional penalties for other offenses.
The imposition of the penalties prescribed in the preceding
articles, shall not prevent the imposition upon the same person of the
penalty provided for any other felonies defined and punished by lhe

Neglffting his (offendert) chlldren by nct giving them the

education.which their station in lrfe requtres and financial condition

Revised Penal Code.'

permits.

Elements:

(2)

(a) Offender is a parent;

(b) He neglects his children by not giving them education;
(c) His station in life requires such education and his

financial condition permits it.

PenalW: Arresto mayorand a fine not to exceed P500,

Art. 278. Exploitation of minors.

Acts ounished:
(1) Causing any
perform any
contortion, the
''*#F

16) years of age to

of
being any person;

Art. 280. Qualified trespass to dwelling.

(1) Offender is a private Person;
(2) He enters the dGiiinlQ-6lTnother;
(3) Such entiance is against the latter's will.
LenAticS:

(I)

Aresto mayor and a fine not to exceed F1,000;

(2) prisidn coneccional in its medium and maximum periods

and a fine not to exceed P1,000, if the offense be committed by
means of violence or intimidation.

Art. 281. Other forms of trespass.

Elements:
(1)

another;

Offender enters the closed prenrises or the fenced estate of

72

.f\

/,)

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

(3) The rehl[!_on t6Enter is manifesg .*=-;-*'
(a)
The trespaGFhas nqt- iCc-ui?dfffe_p9fqission of rhe owner
\'/

even though not unlawful, and said offender shall have atlained his
purpose;

t4d th e Q"a,rgh[er the reof .

Penaltv: Arresto menoror a fine not to exceed p200, or both.

Att. 282. Grave threats.

Acts ounishqd aQd their respective elements;

qpss his /erson,

/ ?i:t
.u,$ lhs raflrslien
-(]) $Srys.,aTtlef
,?p..tv( qt
t of tlis{g
f y rolso.nnounrj ng,lg*a
-

I
9, f
crime-and

th

m i I y/ o

Qn

though not unlawfut, and TFEoFFender alrt;m#"H'i;

ondition, even
LnlliEJton

upon the latter's person, honor or property, or upon that of the

latter's family, of:ryIfqlg;
(b) S,{e! q yvlo-ng'_am9un-tlta "a_$Jng;
\'$9\gf'fl. fl
(c)
There is a demand for mJnev or that any otirer
diAni\s"
condition
ct
is imposed, even liiougn not lawiul;
ntfo.lll'l
ii$:iXtt'
(d)
g*xtt
Offender
attains his purpose.
$ir

L'

' (2)

DUTDOSe.

-#pinllg*ils

(a)

Offender threatens another person with the infliction

upon the latter's person, honor or property, or upon that of the
latteds family, of any wrong;
(b) Such a wrong amounts to a crime;
(c) There is a demand for money or that any other
condition is imposed, even though not lawful;
(d) Offender does not attain his purpose.

. (3) ThreateningjAath?r with the infliction upon his person,

honor or prcperty or that oi, hs fami/y

of any wrong amounting to a

r.^ing sub;4to a condition,
cnmq the
Qryalnot
(a) Offender threatens another person with the infliction
upon the latter's person, honor or property, or upon that of the
latte/s family, of any wrong;

(b) Such a wrong amounts to a crime;

(c) The threat is not subject to a condition,

(2) if the offender shall not have altained his purpose, the
penalty lower by two degrees shall be lmposecl;
(3) If the threat be made in writing or through a middleman,
the penalty shall be imposed in its maximum period;
(4) Aresto mayo;'and a fine not to exceed P500, if the threat
shall not have been made subject to a condition,
Att. 283. Light threats.
Elementq:

.'#*#" (1) offender

makes a threat to

qomrnila-

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

a Qem4glplltrEpv or that
{1,gwi#,(g) There-k

other condition

' imposed, even though not unlawful;

g,al'"fi;"s&..1+) Offender has attained his purpose or, that
" x attained his purpose.

he has

is

not

Penalw: Aresto maYon

Art. 284. Bond for good behavior.
In all cases falling within the two next preceding articles, the
maki

person threateneQ!. or

!![9

Art. 285. Otherlight threats.

Acts ounished:

(1)

Threatenlng another with

weapon,

or by drawing such

weapbn
'(2) in a quarrel, unless it bEm-TEwnifsdFdefense;

Oraliythreat@nger,

with some

harm constituting a crime, without persisting in-Thg.-idea involved in

his threau
(3) OfaLtfthreatening to do another any harm not constituU0g
n felorlL
Aresto menorin its minimum period or a fine not to exceed

!@g:
F200.
' Art. 286. Grave coercions.

Penalties:

EleFrents:

penalty.next lower in degree than that prescribed by

.law for
-(1) .The
the crlme he threatened to commit, if the offender shall have
made the threat demanding money or imposing any oH-rer condition,

prohibited by law, or he .compelled him to do something against his

wlll, be it right or wrong;

-(1) A

person prevented another from doing something not

/)

(2) The prevention cr compulsion be effected by violence,

threats or intimidation; and
(3) The person that restrained the will and liberty of another
had notjheau{hority of law or the right to do so, or in other words,
that th{lestrain} shall not be made gndercuthadbl-Qflg.yv or in rhe
exercise oFdlryl-awful rig ht.
Penalties:

(1)

Prisidn conercionaland a fine not to exceed P5,000;

(2) The penalty next higher in degree, if the coercion be

committed in violation of the exercise of the righr of suffrage, or for

the purpose of compelling another to perform any religious act or to
prevent him from exercising such right or so doing such act.

Att. 287. Light coercions.

t.

Epso

payment of the debt.

Philippines, unless expressly requested by such laborer or employee.

(a) Offender pays the wages due a laborer or employee
employed by him by means of tokens or object;
(b) Those tokens or objects are other than the legal tender
currency of the Philippines;
(c) Such employee or laborer does not expressly request
that he be paid by means of tokens or objects.
Penalty: Aresto mayoror a fine ranging from P200 to P500, or both.

Aft. 289. Formation, maintenance, and prohibition of

combination of capital or labor through violence or threats.
Elements:

(1) Offender employs'violence or threats, in such a degree as to

compel or force the laborers or employers in the free and legal
exercise of their industry or work;
(2) The purpo e is to organize, maintain or prevent coalitions of
capital or labor, strike of laborers or lockout of employers.

Elements:
(1) Offender must be a qgeltor;

*-?l

(2) Paying the wages due his laborer or employee by means of

or cbject other than the legal tender currency of the

tokens

rs

to apply the same to

the
CHAPTER THREE

Penalties:

t/

t/
il
l/l

i-'/
I

(7) Arresto mayor in its minimum period and a fine equivalent

to the value of the thing, but in no case less than P75;
(2) Arresto menor or a fine ranging from P5 to P200, in the
case of any other coercions or unjust vexations.
sL
Art. 288, Other similar coercions.
d\
'l Acts ounished and their respective elements:
( 1 ) Fgfdng-or*compelling, di regl|L_gt_lldirectly, or knowingly
-th
pe rmi tti n g
e fo rcj ng-or co m p e n g o f*ihAE66EF6 r e nr@ft doTtFe
purchase
offender to
merchandEe of comrnodities of any kind from
I I

him.

(a) Offender is any person, agent or offlcer of

any

association or corporation;

(b)

He or such firm or corporation has employed laborers

or employees;

(c) He forces or compels, directly or indirectly,

or

knowingly permits to be forced or compelled, any of his or its

laborers or employees to purchase merchandise or commodities
of any kind from him or from said firm or corporation.

Discovery and Revelation of Secrets

Aft. 290. Discovering secrets through seizure of

'
correspondence.-*
\_-__3_#
Elements:
,
tff FO
(1) Offender is a private individual or a public officer not in the
:',' .' - c-eriis'e of nis official fu6ffi-d---:r=
*;YJ (2) He seizes the papers
r;
oaoers or'ietteirs-of another;
iYf4"^.
of such another
YMffiUti Th.
l''Vwtr\2i
on

na.r. is

r!&ned

or the contents of the papers or letters

seized,
Penalties:

(1)

Prisiin conercionalin its minimum and medium periods and

a flne not to exceed F500;
(2) Arresto mayorand a fine not to exceed F500, if the offender
shall not reveal such secrets,

76

office.
.,
(1) offender ls a manaoer. emotwee orEryant; IVZJ
-,aAtt 29L. Reve.fing

secrets with abuse of

G, Rdusi'n tdnpnl, when fo ieason or dn ocasion of the

penalized In
in suDowrson
subdivisio! z? or
of 5ar0
said _
robberv, anv
roooety,
any ol
of the phylhallnjuries
Dnvsl@l lnlunes oenalrzeo
Articte
,e:
;ha
,
(2) He leams oe-6.ets or-ffi1iE!pef-9l-0!gg' In srlor
pnsidn
In rts maxtmum peiod to tdusiin tenptul'il:t , /'r'
ib medtum Dedod, r tte vrotence or intimidation emmveo 1; the yy l{'{lrlxl
(3) He rcvells such
commtsston of the robbe-y
penatw:
not !o orceed
!;necessarv for the commrrdr,n .r the crime, or wnen In 6e @u.se l
t
Article 292, Revelation of Industriat
6i lEEeGon, ttre ofenoer stratt ttave inRicea upn any persn
physical lnlurles coved
rqpgn:l.ble
Er its.com.mlssion.any of the
(1) Offender is. a persgrLinrharge, etplgyge or workman
subdivisions 3 and 4 of said Article 263;
]+,of - t V' YV Y
rf:r*rrrina nr iael,re[iot aar-hti^h--^-r.
/q\
DrieiAn mnarainnzl
in itc
(5) Prisidn
its mrv
maximum period to prisiin mayor
@rreccionalin
2) The manufacturing or-industriai-establisbment has a
in its medium period, in other cases.
olggi4qlFy whldt the offender has
Art 295, Robbery wlth physical Injurie+ ommltted tn an
(J, onenoer reveaF such
unlnhablted place altd by a band, or wlth the use of flrearm
prEuorce ls
(4) Prejudlce
B caused to tie
the
ort a sttet,
on
st]et r;ad
rcad or allev.
,/
i6n @ndonal in its minimum and medlum periods
Robberv wlth vlolence ao;inst or intimidation of oersonr6ualifled Is
a fine notb o(ceed
ouafiE+ if
,
tr-:^

Elements:

capacity;

secrets.

effi67i1orfriine

Elemenbl

"< g)
f' lvl
"' -4\n

FsOo.
secrets.

rrrlE

shlfh1vi@ry_glgelty

Propertv

llX4*U/rll J
notlffl4t[.4l-

by l)lAI)

.r

rEN

crimes Asainst

oralley.
tf comfil.tea: ,]111, "-.
--lf-li-ii-unin6ititec
ptace; Ul Wq f A
Bliff:flfir^.

ila,
p
movins train, streer car,
'o" motor
'":""'=' or
"':"' vehicre,

[3]
airship;
:'
f,ils. ,Vl4
(4) enlgrjdg
(fl."?L"H{8
the-pbbsengers'compartments in a train, or in

-ii3[,t':%?H'"'

j1r rt rn/\ /
rra a,rirlrr
-^kk^-.
Arr 2s3. who are
^r robbery.
rob a.w.
suilty
euirty of
WV
wv

by

11T:TJff".T#?lI Jl#,lf '";"1,1! gCI

't*W14
.. , " . -, ,, ,^,,. "",
rs De-onar DroDertv beroroino t"t"**.
d,(ffi1!, ;t'e""t" t"gaTesill ,. , rt
.. .--.,--,- 5
?VI
ll,l

Art. 296. Definition of a band and penalty incurred by

the members thereof.

force upon anythlng.

Art. 294. Robbery with violence against or intimidatiorr

of persons - Penalties.

(l) W,
/hen by reason or on
occasron or me rcbbery, the crime of .,homicide shall have been
cfinmift{, or when the robberyshatt haltbffi accompanied by
/gPg-ad$qnuonal mutilation o
;
(2) Rslusldn temporal in its medium period to

reclusiin
prpefua, when or lf by reason or on occasion of such robbery, any
of Articre 263 sharl
have been inflictff

;l,l!i

,L

naq

a FV
I
I v' Itil

&4nng-erindustriaLestaUisnnm.n$
secret
leamed;
secrets;
owner.
Plllou.
and
F500,
_

_ lll:.trt.
Eletff;ere

t
,lV@ht

have*liffi1it1ft6d*-

liqbill

m-e.m.berlof the
Bcqltisites for
(1) He was a {lember of the band;
(2) He was present at the commission of a-!:obbery

band:

l)

'l'!.!1

bythat;;'tkta'l

band;

(3)

The qther members of the band committed an

1+i.Ue

y'r

ip^ft4sil
/'ftAr$tu

i''li

rl$",\,"ftfu*,ef/ 0n,

&iff'&S,ti

'"'-r..,t
,A*'.frrt i1,..#
assault; CLli-'.\it!

dlrj,

i,, ,i,,t.!

79

d.itr,ff{.n

(c) Once inside the

unlicensed firearms;

buildin
with
another
to
belonging
Rlopgtty
things
uPon
force
with
QfAobbery

ersonal

dwellinq
\---------'{t

house, public building, or

(a)

Art, 297. Attempted and frustrated robbery committecJ

under ceftain circumstances.

perpetua, unless the homicide committed shall deserve

penalty under the provisions of the Revised penal Code.

(ii) by taking such furniture or objects

reclusion

higher

Penalties:

(1)

resp@

l$runuf/ ..Art. 299. _Robbery in an inhabited house or

or edifice devoted to worship
J'ol#Bnbuilding
tl
+:. u
Artc nr rnichad rnal |lrair raaaa*i.,^
TFS

'f;1
/ )
.-{\/
\-/
,',{""

tf,is

pubfic

Acts ounished and thgir resoective elements:

^r^-^-!^.

religious worship.

(1)

Robbery with force upon things under subdtvision (a), ot,

Article 299:

(a) Offendereltered an inhabited

gdjficgdevoted to
/h\ffiEE-

(i)

tz

,, -.i,,
by any- of. the
fcilloWing

through an opening not intended for entrance or

$
(ii) by breaking any wall, roof or floor. or breakino
fr
door or wtndow;
^n' :
W Kf
t)
Vrl
(iil) by ustng fatse keys, picklottcJor simtaiioots; or f
(lv) by uslng any fictitious name or pretendlnq the .' .
exerclseof@
egress;

Att. 3OO. Robbery In an uninhabited place and by a band.

The robbery mentloned in the next preceding afticle, if

house, pubtic buildino or

r"ligiour'oEhDr^)
L-- _-

if the value of the property taken shall

penalty next lower in degree, when the offenders do

not carry arms, and the value of the property taken exceeds P250;
(3) The penalty next lower in degree, when the offenders are
armed by the value of the propefi taken does not exceed P250;
(4) The penal$ prescribed in the two (2) nest preceding
paragraphs, in its minimum period, when said offenders do not carry
arms and the value of the property taken does not exceed F250;
(5) The penalties nexr lower in degree than those prescribed in
this articles, if the robbery be committed in one of the dependencies
of an inhabited house, public building, or building dedicated to

l)
The compulsion is by means of violence or intimidation,

?enalU: Penalties for robbery, as

Reclusi6n temporal,

(2) The

wff
,rvrrr
(r)
(1) otfender
Offender has llJenlejgfrgld
intent to 4efraud aryther;
anpther; ./
(2)
Offender
orfender
himE
nim-nfin,glecute.
grpgtr
gg@b
izl
ffr1 ,g{ecute', or detiver any pubtic
PnffiF . :ment
or document; eW
ty
Chaoter.

be

exceed F250;

Elements:

*'

away to

Pwcd
",
or t

of'en ou!g(!"e the place of the robbery.

Prclke0 or forced

intimidation.

\n

belonging to another,

'ls;;,
any other kind of locked or sealed furniture or rpcpFi"cle;

Art. 298. Execution of deeds by means of violence or

imrrts@
(3)
l".lt )

worsrr [p,, I,ircgaidle-of-jhg

ilf"ff'k

Elements:

(1)Thereisan@;
(2) Alromicide is committed on thelEEEGion,
Penalty: nffii-ffiW\n
its maximum period to

.rs

tthl nf

#JN

committed in an uninhabited place and by a band, shall be punished

try the maximum period of the penalty provided therefor.

buitding or
Aft. 301. what is an inhabited house, pubtic qnrl
)^J2--L^)
t^
..ra.ahln
lhair
-al!aia'ra
their
and
dedicated to religious worsfip
building
('S
rndencies.
dependencies.
dependencies.
CSVV
(1) "ldraQlt4--lougd means any shelter, ship,..or v.essgl
r---r.-r-

.onririrtintlm

nts thereof shall

oneor@

when the

80
81
'ts- '

building" includes ,i'every bqildlnq owled by the

matter or larger cattle, the offender shall suffer the penalties next
higher in degree than those provided in said articles.e
Aft. 3O3. Robb-ery of cereals, fruits, or firewood in an

temporari

*ttl7[t},ffi
/rtr | -

building dedicated to rerigious worship" ar" ari inttior

court ,'.oi?urr, --warehouses, granaries or enclosed pia.es
gr edifice, having an interior enlrance ceru
and which
form part of the wholE
(4) Orchard and other lands used for cultivation or production
are not included in the term,,dependencies.,,

r-.^ --tlninhabited place gr private building.

^ Wf
In the cases enumerated in Afticles 299 and 302,10 when

L$

(1)
(2)

ElemenS:

(1)

offender entered an Lrornhabited*plase or a buirdinq which

Swelling house,
l9t a pubtic buitding, or not-;n" edifice
devoted6Eli@iorlr[i5T6?Ehip;*
(2) Any of the following circumstances was present:
(a) the entrance was effected throuih an opening nor
(J
intended for entrance or egress;
(b) a wall, roof, floor, or outside door or window was t1
{J

aglj

broken;

(c) the entrance was

effected through
keys, picklocks or other similar tools;

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

furniture or receptacle was broken; or

the use of

any sealed or

false

closcd

*",
J/
I

T)

p'.

(t) Pri5idn orreccionalin its medium and maximum periods,

(2J rhe penalty next rower in degree, when the varue
of the

property taken does not exceed p250 pesos;

(3) In the cases specified in Articles 294, ZgS, Zg7,2gg, 300,
and 302 of the Revised penar code,8 when the property
tiken is mail
iAr,i({.'s 291, 295,

articles. Ctr{-

Elements:

Art. 302. Robbery in an uninhabited place or in a private

building.

yas

the
robbery consists in the takinq of cereals, fruib. or firewoo4, the
culprit shall suffer the penatty ^nqxt Jower in deqree than that
prescribed in said
Art. 304. Possession qf oicklock or similar Tools.
Offender has in his possession picklocks or similar tools;
Such picldock or similar tools are specially adopted to the
commission of robbery;
1J*,
(3) Offender does not have lawful cause for such possession.
Penalties:

(l)

Arresto mayorin its maximum period to prisi6n correccional

in its minimum oeriod;
(2) Prisidn coneccionalin its medium and maximum periods, if
the offender be a locksmith.
Art.3os. Fatse
The tprm "falqe kevs'r shall be deemed to include:
t a . n ',ihr

keys.

WUKWi

l#,ild4'
'iiT:1ff i,!?,lX!,no!;iaes;-!1d!,!$)'Yn'
liiHl.
p;|],Wfmni
(21
:rn,#tsf,
'n:"#
owner; W
in'k1,6,. j
(3)
oenuinE.-rce-flGGn from the
Any keys other than those intended by the owndl fo? use

the lock forcibly opened by the offender.

fl)

robtttrv trtirrt vioknctt trgniusr or. iutiutirrnriott

to worship; (5) roltlttry in nu nuinhnltittd plna' nnl by n hnul: utd (6) rohbery in on nninlnbilttt

q[.lx,rs'|\|ts:(2).ralirrwi|ltplysicnlin)irics,cottttttit|trliittttttttin!nllih,t!"yltttl
toill, lh( nx,of finnru on n st.rcct,.rcnil or n!h,y; (3) nilt.utylul ntul
lruslrntil not,l,,:trv'Joit,,:ittr,,l
tttttlt'r fi'rlnin drcuutlnt$es: (4) rohl,crv itt nt iitlurhitt'd lrcnsc or
fuhlit brtildittg or ti'if;tt dttnlctt

"As tnttrtlul lty Sccliort't olC,A, No, 417 (Att Acl lncrcnsing lhe l'cnnlly

Mnil Mnllcr).

nrt

lor

Roblrry

or'l'lrcf ol

('l) tolrlxty in m inhnbiled ylncc or pnblir huildittg

(2) roblrcry in nu utitrlniltilcil plnn'or iu n 1tt'iturtc htrilding.

fffAfricldg 209 nud 302

1x:nnliu

ilatoled lotuotship;

&,,,fffd'
,'ff&.w

fi%rd.

Brigandage
Art. 306. Who are brigands.
Elenrents of brioandage:
(1) There are least four (4) armed perscns;
(2) They formed a band of robbers;

yltrr or in n yiunl! bnilding.

297. 2gg, 30o a.nd,3.02 pt.ttnrizt,

+i14

or ttlifr"r'

82
83

(3)

The purpose is any of the following:

(a) to commit robbery in the highway;
(b) to kidnap persons for the purpose
obtain ransom; or
(c) ,o 3$jn by means of

IY
rl
of extortion or
or to
any other

purpose.

r
M

Penalties:

(1) Prisi5n mayor in its medium period to reclusi6n tentporalin

its minimum period if the act or acts committed by them are not

punishable by higher penalties, in which case, they shall suffer such

higher penalties.

(2) If

any of the arms carried by any of said ;rersons be an

unlicensed firearrn, it shall be presumed that said persons are
highway robbers or brigands, and in case of conviction, the penalty
shall be imposed in the maximum period.
Art. 307. Aiding and abetting a band of brigands.

*ffl9re

js q band or

brisands;

Pr{|{g?n,

(2) Offender knows the band to be of briqands: lrrv'

(3) Offender dG-ny cf the folowing acii:
t\W
(a) He in any manner aids, qbeJs^or protects such band of
brigands;
il q f
(b) He @n
of the nreyengnts of the

police or other peace officers of the government; or

(c)

brigands.

He acquires or receives the propefi taken by such

Penaltv: Prisrdn coreccionalin its medium period to pnsi1n mayorin

its minimum period.

/ caaetERJHREE
Theft
Art. 308. Who are liable for theft.

-e

'-#

tos[@y, falts ro detiver the

same to the local authorities cti to rtS-own?t; .-.'

,I
,'

l'tit

rr^nli,'q,l
t'. 'i,'t4' ;.' )
r]
ll

{.

rI

rhe takins was done-ffi-li'Gfrfi5'lqi-1; .

(a)
i^r
vv., The takitts was done withgut tlp-c9ryg!-9lj!ilHler;
W (s) rr'e taking is accomplished withp.ul "th_e"*use-*Ql!gle11e

(1

against or intimidation of persons or force upon things

Art. 309. Penalties.

(I) Prisidn .nayor in its minimum and medium periods, if the
value of the thing stolen is more than P12,000 but does not exceed
P22,000;

(2) The penalty shall be the maximum period of the

one

prescribed in this paragraph, and one year' for each additional

P10,000, but the total of the penalty which may be imposed shall not
exceed twenty (20i years, if the value of the thing stolen exceeds
P22,000. In such cases, and in connection with the accessory
penalties which maY be imposed and for the purpose of the other
provisions of the Revised Penal Code, the penalty shall be termed
prisicin mayorar reclusi6n temporal, as the case may be;

(3)

Prisidn coreccionalin its medium and maximum periods, if

the value of the thing stolen is more than P6,000 but does not

exceed F12,000;
(4) Prisidn correccionalin its minimum and medium periods, if

Pefsons liable:
(1) Those who w4ljntent to-gain, but without violence against
or intimidation of p-ersons .nor force upon-Thi-iiil@ peaglgl

P,roryp?ltnothoW
(2) Those who hETilTogng-

There is Lakinq of personal property;

T ttl
(2) -fhe property taken belongs to another;

the value of the property stolen is more than P200 but does not
exceed P6,000;

(5) Anesto mayorin its medium period to prisidn correccionalin

its minimum period, if the value of the property stolen is over P50
but does not exceed F200;

(6) Arestct malarto its full extent, if such value is over F5 but
does not exceed P50;
(7) Arresto mayor ln its minimum and medium periods, if such
value does not exceed P5;

84

85

(B) Anesto menoror a fine not exceeding p200,

if the theft is
committed under the circumstances
enumerated in paragraph 3 0f
the next preceding articre and the varue
of the thing storen does not
exceed F5' if such varue exceeds
said amount, the provisions of any
of the five (5) preceding suUoiviitns
lnutt o.

(9) A,esto menorin its minimum

made appticable.
exceedir:g

family.

-Art. 310. eualified theft.

r nert is

property
i*i1*Ioffender in EFupying real

ll] !:lrifed
e)

or

(5)

or

usurping real righis in

There is intent to gain.

Penatttes:

(1) In addition to the penalty incurred for the acts of violence

executed by him, the offender shall be punished by a fine of from 50
to 100 percent of the gain which he shall have obtained, but not less
than P75;
(2) lf the value of the gain cannot be ascertained, a fine from
P200 to P500 pesos shall be imposed.

rargre

of lvrvrrlrL)
coconpts . taken
td6'er I from
:

p"rgires-of a plaooti;:

realpropefi or real rights belo4gto another.

(2)

(4)

by a-domestic servar;
Commjtred.wltn gr3_r.
?bGE.qnnd.nc.,

lgl_er9per!: or uggrP:

rnce against
aqainst or intinridatiori-6flperGEjilused
{d-- (3) g!g!g
intinrid-ititrffirl by rhe

propeny;

AAiliiL @ rnu pr.gpr-.rv9ro..@er{ep,or

**#-/
'-" 'M'8,
i',1 caftle; "-_-* . .
*
(a)
The oloperfy storen consists
t/,

ofi"gnv

oualified if:

/-z

Usurpation

Art. 312. Occupation of real property or usurpation of

real rights in property.

period or a fine

P50, when the varue of

thinf-sioren is noi ou"r'ps,-'.no
'ot
ti,*
offender shall have acted,the
under t6e impulse of hunger, poverty,
or
the.difficurty of earning a riverihool
foi tnu ,rpport of r-rimserf or his

CHAPTER FOUR

the

The properfy storen isTish taken from

a fishpond or fishery;

(6) If

property is taken on the occasion

of fire, earthquake,
typhoon, volcanic eruption, or any
otnei citamify, vehicurar accident,
or civil disturbance.
Penalty: penarties next higher by two (2)
degrees than those
respectively specified in the nbxt preceding
urticf".lf

Art. 311. Theft of the property of the National

Library
and NationalMuseum.

WTV

Art. 313. Altering boundaries or landmarks.

Elernents:

*v {,

Penaliy: Arresto nwnoror a fine not to exceed F100, or both.

#.v

jlg. eropgrty tt:f.l,be

any.properLy of the Natiorrat Library or

^...1t
of
the Nationar Museum, the penarg shail'be
a,esto mayoror a fine
ranging from PZ00 to.p500, or both,
unreis a higher

ie,'r,irty siouro
be provided under other pr*irionl';
th.
Revised penar code, in
which case, the offender sha' be punisrreJ'ty
such higher penartv.

CHAPTER FIVE

Art. 314.lFraudulent insolvency. I

l"*"

Elements:
payable;

""**;**-*-'-t-

r, that is, he has obliqations due and

(2) He
(3) There is
Penalties:
ttAs trucruled
hy R'A' No'

uts.7t (An Aci

(L)
(2)

120

(Au Act Atttcttditrg Arttrtc 310 o[ llu, llauisttl

',.,;;;;;;

Ftrrrher Anttuii,,g e,.ii,.i,i

ii;,;i/;f

\,ttrtt

Cortc.).

lrt,ttttl

codc) rrtti !).1,.

Priskin mayo4 if he be a merchant;

Prisidn cctecclonalin its maximum period to prisi6n mayor
in its medium period, if he be not a merchant.

86

CHAPTER SIX
Swindling and Other Deceits

business or imaginary vansactions; or by means of other similar

deceits;
of anythrng
(b) al.tefls $e qua ty, flnent{slol

swindllns (fsfal.a).
oeneral;

. ^_11911
ElemenB
in
(1) Accused derElgg*-grl.9lher by abuse

2ertahing !0 t,l. rrt or

buslness;

qF

},relght

of confidence. or, bv
lOf-WLsgKIlmtJ
meansofdeceit;'.','.'--;-.;;;-;;.;:-'-,withoutpE_uarceine
(4 eni|e or prejudice cEpabte;g!-.Qg !.igg-9eEEgg-tr ;5
PartY may deem proper to bring against the offender;
caused
(d) po6dating E chf. or issulnq a check In payment of an
to
Ure
party
offended
or
thj?d-6E;son.
A
obridti,;aTe-i-6-?6iGr nadi6lifi?lI6iiiiiu-ffiEiliEfidt
"' etemlns or est ra with unriithiuine-sj- -'
ofrender has an qoiouq-olliqalia!-udelive,r something of
in the bank;
,l
..-,..^(1)
value;
- "- = "
(e) obteining anyi6od,
or ,ecommodatlon at
hd

!^2) !e:I;g1s itsCubstance,guanrity, or,{iratity;

(3)
Damage or prejudice is caused to another.

, i^
v

llfr'l.;,

\J

(1)

lr

,rdfreshment

lmlel, rlf,
pg
rnn, mgtagant,
rfflqg[a,nt, b.gg5[Ag
house, lp4gjlg-.house, or
t house and the like without paying therefore, with
lintent tp Jlg8qyd the proprietor or manager thereof; _g[_*J.

#gftfr**l

'
lloney, goad5"-Or*Ojher personal
orooerrv
is received by the
lLaIHgpg[H

j::1"*H'lF*sj$#:##ffi f&,ldl;JmEffi
x'i!,ffi
T"r.mm,rmff
.*Tt.h9smg;
:ff

,"
Nllltl

ffi

.Fv*$h*,y;p,,,_pJ

crcgit, JoogL lefr?shqrcDl 0r

therein -without
(2, Inere E mFapprcpriation or converslon of such monev or. rdr,an4orrn4, glpo&rc,r nE roeo, rel'esnment"accommodatjglr
or accommooa$on.
1.'l-propertybytheoffender,ordenia|onhisoartofsU.hrFF|nFdFftq:
s part of such receipt;
,v|vv|||UIv|||||Jpq|LU|>uLIl|eLe|UL:l":;..^-.:-''i.{."=*=-'
1ct",ir,{t's'f S$
(1) offender Induced the offended party to sisn a document;
mlsaoprooriation
.":ui,niooji-SfGiiJ
.r i..
rerslan-or Qsru"ar .,r11ffi-41$'f
dF|l'ert6'T-f,e him arsn the document;
"fl '' 'l A*lSlgpt.nother;

..

ibrfr,i

F{&4e

; . tn".Kldtl0d
qod--\
.J\)dwtl , ljl ?Sl! t
[r;'!r1-F'o6"f,']..,n"re|5(oemanqmadebytheoffended'""*$;E,ffi&,[3}3#"s*ffiffi*
(4) Prqudice be @usl
r
",4,"rd110
{:r -:\suo
blank:

The.paper

.,-_,(1)
blank;

wl$-lbedmaturetl$g otrc0qr{.pirty

'

ii]-

W$!._q4Ee_Otrf@er

in

tr1fiJL,
1,t,,,:".,
d.i'{*u't'j'!l th"

(1)
(2)

offender partkipates in a gambling game;

He resorb tro some frdudulent pracuce to insure success at

elivere.d-il,io-the.offender:
J#bil;';:il;
:'"i dos-qnsns iE 1,* nu,tf'r{r4ctems-ets*aan
I fl) There be court recod. office files. documenb or anv other
wtthout authority to do so; "
Lt(,D
auv
papersi
.##ry_"r, E
(l) orrencred hdff"iqttmtlddffiad#nbtn"r.
,

*i:

ffiJ;;*"i
#
11)

rs

frrudulent act3 or fraudulent

frEEili*.---":'

,*,it. *

oW*.,ffir*ffi'illi"**,

Dan a lriaa.

ffni:

,*9)ffi*9st5i#'h##,Biij:"1i:'.,':
f p I tf y t, i 0t
u'

Penalties:

(1)

Pdsidn

@fledoMl ln its mexlmum petlcd

prlsldn

naw

[::H'*g"f'B{.t"i{l"lf:gf'""*1*'#x.:'f,3'g*:

sLrm, the penalfv provlded In this parasnph shall be imposed in its

88

89

(ii) by altering the quali$,

maximum period, adding one (1) year for each additional p10,000;
but the total penalty lvhich may be imposed shall not exceed twen$
(20) years. In such cases, and in connection with the accessory
penalties which may be imposed and for the purpose of the other
provisions of the Revised Penal Code, the penalty shall be termeo
prisidn mayorot reclusi6n temporal, as the case may be;
(2) Pn:sr:6n corrrcionalin its minimum and medium periods, if
the amount of the fraud is over P6,000 but does not exceed F12,000;
(3) Anesto mayor in its maximum period to prisidn correccior;al
in its minimum period, if such amount is over F200 but does not
exceed P6,000;

(4) Aresto mayor in its medium and maximurn periods, if such

amount does not exceed F200, provided that in the frcur (4) cases
mentioned, the fraud be committed by any of the following means:
(a) With unfaithfulness or abuse of confidencer, namely;
(i) by altering the substance, quantity, or quality of
anything of value which the offender shall deliver by virtue
of an obligation to do so, even though such obligation be
based on an immoral or illegal consideration;
(ii) by misappropriating or converting, to the prejudice
of another, money, goods, or any other persr:nal property
received by the offender in trust or on comrnission, or for
administration, or under any other obligation involving the
duty to make delivenT of or to return the same, even though
such obligation be totally or partially guaranteed by a bond;
or by denying having received such money, goods, or other

'

(l)

fraud:

to

of

(iii) by pretending to have bribed any Government

entployee, without prejudice to the action for calumny
which the offended pafi may deem proper to bring against
the offender. In this case, the offender shall be punished by
the maximum period of the penalty;
(iv) by post-dating a check, or issuing a check in
payment of an obligation when the offender had no funds in
the bank, or his funds deposited therein were not sufficient
to cover the amount of check;
(v) by obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house and the like without
paying therefor, with intent to defraud the proprietor or
manager theieof, or by obtaining credit at a hotel, inn,
restaurant, iroarding house, lodging house, or apartment
hcuse by the use of any false pretense, or by abandoning or
surreptitiously removing any paft of his baggage from a
hotel, Inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment
or accommodation therein without paying for his food,
refreshment or accommodation.
(c) Through any of the following fraudulent means:
(i) by inducing another, by means of deceit, tc sign

paft, any court record, office files, document or any other

paoers.

Art. 316. Ottrer forms of swindling.

,'-;

or nbrtgaging any real

i1.."

L-''*-'

immovable,
(a) There is an F

such as

a parcel of land or

building;
l.^r\h*,Si, (b) Offender who is not tne owner rq1esenls

4) irrurr*p*?v: |"'td$#rrq
",,is,f
b)'il+urs,ft.- ylf;,
4,) dj st,,';i {n,d,

+l

d)

or weight

any document;
(ii) by resorting to some fraudulent practice to insure
success in a gambling game;
(d) by removing, concealing or destroying, in whole or in

property;

(iii) by taking undue advantage of the signature of the

offended party in blank, and by writing any document above
such signature in blank, to the prejudice of the offended
party or any third person;
(b) By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with the
commission of the
by using fictitious name, or falsely pretending
possess power, influence, qualifications, propefiry, credit,
agency, business or imaginary transactions, or by means of
other slmilar deceits;

fineness

anything pertaining to his art or business;

fjl{*rs'#J#"1

, #+,

,,

himself as

the owner thereof;

li,- f ulLo r*e*t"l *-if.rn& t:,::] {}rj s'#i l,rl.,i,lr l EV

r$g,E:hrt
1.;
;n-f
#g"{"
r

r.r'rnriuri

"
l$**''.|!j f,'rlf ;; T

$+* r"*J.d#r"$,,;c.44$.

-l

i,j

#e,'
-'

; t- I

;tr.*ur,t;{.r4tt

91,

ffiflli,.'1ffi:fl

r..,il?

.' se,ins,

(d) Such sale, mortgage or encumbrance is B[l[oy!exDress authodhejfQm the .ggg!, or made before tlae'$'l-dff
relidveA*iffi*tne
caRenatpff or rus

(d) The act is made to the gSUglgp_lg*lh"g_-owner or

a third
%*'

PefSOn.

S{tropSp as free fron

Wrg. braof EEiifr
reco *a.

!7)^.8!
suffiilm

a lth o ugh

f"{r*,l
Sse#*

- -; .;.;

{*s'

encunbrartce,

(a) The Uiggdisqosed is a reat properry:

(b) ofreta@n-$:frE't the reat!ffirry

tlgtls*hsssq'Mt;

,#''ry*ue{

,.*

was encumbered,

representa

the real propefi is

offender that

9{*9g't ths ortl.r or- psls-qqaLnmperty;

!31
iri -:1--E.F.;.-.
(oJ
sato personat property .iJ5"xrx'.+'r'r(q*r
is in the lawfD
lawfDl-o,

another:

(c)' Offender wro

Prejudice E

(d)
person.

(4)
another.

By extruting any

fu"&{,.t
tAKes

1t l&

it rror its lawf'ul possessor;

to the possessor or third

i99y*"9_e5",gg_

nfuH:*gltrAct to the prejudtce oi

ffiim,

PenaIW; Arresto mayor in its minimum and rnedium pertods and a

fine of not less than the value of the damage caused and not more
than three (3) times such value.
Art, 317. Swindling a mitror,

Ei-qmenls:

!:) ayMltttion

for labor not

Offender takes advantage of ther-ifrexperience or dmotions

or f6elings of a minor;
(2) He induces such minor to lElu0rq -an obligation or to giyg
llclllJlsl vl
of srrl v.lyYe, lJ rryrrL,
Lv execute cl
a transfer
el;vfor to
./
rcleaie
^glu(g
of money,..efeoit or dther
(3), The

anfffiffiT!ffi*1'.
qffii3-rome#n
)nar propeny;
(a) The transaction is @.
ranging from 10 to 50

Penalty: Aresto mayor and a fine of a sum

percent of the value of the obligation contracted by the minor,

&*" o*.. 318. other ueceits.Xffi-f

Acts ounished:
(t) Defratdi0g or g3sagtng another by any other deceit not

mentione$,in the preceding

iti-6l"ff

for seruices not rendered or

:r\

civil action

(b) He guaranteed thq,.lqfffient of

is real propenilTi ijToeeTtidl-

articles;

pt'

li'tq--dret** by ..dar<ing forecasts, ov dlting

af eI takilssdyanEqF

in any

other similar manner, for profit or gain.

(a) Offendef?ccepB
,,k\
ie,==J!qy_!9np_g!Fggqn for servic,es or labor;
(b) u^
r.
He @n6i6na;rTny
jg1@oip.J.ir, any tabor.
s"ttir
encumberins real property or
;I\/lr'' i{fl^^!u],^bv
}-o,
p=rg=93es H//f,
frg_gferder
guararyleed
fhe fufiirent of his
*
'4rllch
->-\@
>{. oatgatton as surety.
(a) osndsr*,g.<rr:tin u,'#nqjsiven in a criminat or
h

(1)

fortune.s,

(c)

uorioffiFe-ing

such obtigation with

au-rerlercncu$ry*
,..uI jjloffisell* "ne*sp999r-orJ[

Penalties:

(I)

Arcesto mayorand a fine of not less than the amount of the

damage caused and not more than twice such amount;
(2) Anesto menor or a fine not exceeding P200, if any person

who, for profit or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other
similar manner,
CHAPTER SEVEN

Chattel Mortgage
Aft. 319. Removal, sale or pledge of modgaged property.
AEts punishqd and thek [espective elements:

(t) llnewingly__rcngyryg any personat properA mfuagd

under the

Chattelfr@di{Law to anv provinge or ciY-other

than

92

E3

(3) The gct oi damaging another's

merelv for tne sa-RE{tf-tt6nf&-nq iu
'

propefi was

committed

328. speciat cases of mallcio

Acts ounished: ?-e
-.Art.
(1) Causing danrage t"o--.op,:!fgg the performance
---.!-!-

of

-PgPIg
'i**

NA

promenade, or any other thins

u99"{I:oill9.1,P:lg1$]5'

irenalties:

(l)

mortgage and noH on the reord thereof in the offrce of the regisler
of dds of the province where such property ls locatx.l.
(a) Personal property is already pledqed under the terms
of the Chattel Moftgage Law;
(b) Offender, who is the qg;lggggl of such propefi, g,llp

''*--;-F

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

. (c) There is

on the
back of the nrortgage ana noted on tne recoil tfrFreof in Ure

office.of the register of deeds.

Penalty: Anesto mayoror a fine amounting to twice
property.

ther value

of the

CHAPTER EIGHT

Arson and Other Crimes Involving Destruction

NOTE: Articls 320-326-8 have been repealed by p.D, No. JOJJ
(Amending the Law on Arcon)
CHAPTER NINE

Malicious Mischief
Aft. 327. Who are liabte for malicious mischief.

Elements:

d@Lety

Offender

(2)

Such act does+ol constitqte q,r$pn or other crimes involvrng

destruction;

if

Art. 329. Other mischiefs.

mischief.no
- (U Arresto mayor In its medium and maximum periods, if the

Penalties for

value of the damage caused exceeds P1,000;

(2) Arresto mayor in its minimum and medium periods,
value is over P200 but does not exceed P1'000;

if

caused damaEe

to the property of

such

or fine of not less than the value of the

Oamdgb caused and not more than P200, if the amount involved

(3) Anesto

menor

does not exceed P200 or cannot be estimated.

Aft. 330.

Damage

and obstruction to means of

communication.

rer@*
(L) Prisi6n coreqional in its medium and maximum
shall be imposed upon any person who shall damage anY
telegraph or telephone lines;
Ft'sion

mayon

of

Itl

anotner;

Prisi1n coreccionalin its minimum and medium periods, if

the value of the damage caused exceeds F1,000;
(2) Anesto mayor, such value does not exceed the
abovementioned amount but it is over P200;
(3) Arresto menor, if such value does not exceed P200.

e dam

periods

j]wil-

94

95

Art. 331, Destroying or

monuments or paintings.

damaging stltues, public

(2) Thel

Penalties:

this offense while

(1) Arresb mayorin its medium period to prisidn coneccionalin

..
its minimum period, if any person
shait destroy

(1) The man is married;

(2) He is either
(a) keeping-a mistress in the conjugal dwelling;
(b) having sexual intercourse under

shall

CHAPTER TEN

(c)

other

(3)

Crimes involved in the exemption:

Estafa; and
Maliciousmischief.
Persons exempted from criminal liabilitv:
(1) 9pouse.nSg&l$ts and descendants, or relartives by affinity
in the same line;

with respect to the propefi

which

'lged tO
belonged
to the ddCeased-"soouse
spouse before
the qamo nnqco.l
inrn the^.
rtro
paq _tdp
b-9&fg_Ihe.saqe

(3) Protftr
Brothers and
:ndlisters
sisters and l,rotheRs:!!-law
,,/"-i.
i .(3)
\+
if ilirrinn
t."
\."[,rlivi
ilji
ivi n g }M\6FFZ';*..----..---**".**-'
tog=effin.---

'

and sisters-in-law,

TITLE ELEVEN
Crimes Against Chastity
CHAPTER ONE

Adultery and Conculainage

Art. 333. Who are Er.,lf u' ' '-r:rfr1*n/"
Elements:
(1) The wonnan is
has
;
!?l
lh"regarcls
*Iyal
(J) As
the man wifh whom she has sexual intercourse.
Fe m.ust know her to be nrarriqg!"
Penalties:
(1) Prisldn onecionalin its medium and maximum periods,

intermpfse

cghabiting with a woman who is not his wife in any

ptaod-

As regards the woman, she knows that the man is married,

Penalties:

(1) The husband shall be punished by prisi1n mreccionalin its

minimum and medium periods,
(2) The crylgblne shall suffer the penalry of destier?.

Theft;

sgg.pse_

scandalous

circumstances with a woman who is not his wife; or

Exemption from Criminal Liability

in Crimes Against propefi
Art. 332. Persons exempt from criminal liability.

(2) WJdqW

without

Elements:

fine and imprisonment, in the discretion of the court, if any person

(1)

committed
being.

gEnded-spollsg.
Art.334. Concubinage.

bfggrygg_glggg:

any other useful or glnglnentatpuhltc_mpnumenr.

".r--QS-Affi6 menor or a fine not to exceed p200, or both such

(2)
(3)

next lower in degree than that provided in the

next preceding

CHAPTER TWO

fi 4 lst-

Rape and Acts of Lasciviousness

Art. 335. When and how rape is committed.
NOTE: Article 335 has been repealed by R,A. No, BSS3 (Anti-Rare
Law of 1997)

Art. 336. Acts of lasciviousness.

(1)
(2)

s!!gl-qsx;"

J9
Y,
V

It

is done undei: any of- the__fqll,o_Wing -gircurnstanqes_:

(a) by using force or intimidation;

(b) when the offended party is deprived or reason of

othervuise unconscious; on

f-- (c) by means of fraudulent machination or grave abuse of

ag$ority; or
V @ when the offended party is under twelve (12) years of
a[e or is demented.

Pemlil:

Prisldn coreccional,

96

CHAPTER THREE

(2)

seduction, corruption of Minors, and white srave

Trade
Art. 337. eualified seduction.

Acts pgnished and their resoective elements:

(t)

Sduction of yirgtn o*a_t*gyg-e2) years and gnuer

glghteen (18) years o!-aagd6y ceffiin@Eons, iuclt
as prr#i
a uth oity, priesl teachen
"
(a) Offended party is a ylrgin, which is presumed if she is

unmarried and of good reputatioJnJ-

(b) she is o:yeriarelve_(12)

of age;

(c)

(d)

and

udgejghleenJl8)

ir@
offenderT*-"

or retationship

ffi
con

J
A

(])

widow;

mayor.

fi ca ti

on.

Acts ounished:

(t)

Eryegingjn-the business of prostitution;

(2) Proflting
by plggllglign;
#
(3) EnliStino
the seruices of women for the purpose of
-_-r--_*rn,!.l

prestitutlsD,

Penaltv: Prisidn mayorln its medium and maximum periods.

CHAPTER FOUR

Abduction
Aft. 342.{Forcible abduction. )
...4,.".---"'^'^

--"

Elements: -\.-***"F

Q
(1) The person.abducted is anv woman,
civil status, or repltationl
{; ,'- lil.'{
The abduction is aqainst her will;
a
-(2\i3 i rhe-q"nffi-doil5fifi].eJragefi r.
*,_,, rfo Pena.!W: Reclusldn temporal.

WN

yrettniudntl

"xrxuAL
acts of tasciyjgusne5sllls:lA,,dne55,

Penalty: Ansto
Art. 339. Acts of rasciviousness with the consent of the

(yu
S'H?:ilpartv'
---fifOffendercommits

frW,;

Prisi6n mayon

g of te m po ra ry a bso u te d sq u a
Art. 341. White slave trade.

offender party is over twerve (12) and under eighteen (rs)

Sne is of good reputation, singte or

tior rshjg- glqgge_it.

2) Ir the JUlprit_is_-apgblig._afficer-ffemptqyee, iacl u.dj ng"Jhp-*Q

n goveffi q.t-Jtyvned*grrontrnlled"*corp"oralnr-rs, he sha I a lso suffer

t-h6B-ma

(3) Offender has sexual intercouJie wjih her;

(4) It is committed by means ofJOFceit,/ .

any person who shall seduce his sister or descendant, whether or

not
she be a virgin or over eighteen years of age.

years of age;

Art. 340, Corruption of minors.

(I)

(1) Pisidn orrrccionalin its minimum and medium periods,

(2) The.penalty next higher in degree shall be imposed-upon

(1)

re

'butfurao
/8

authority,

Pena-ltiei:

Elements:

nce,

by abuse of

Penaltieq:

reputatigd*%-q

Simple seduction.

fi d e

accomplishes the acts

corruption of
(2
P u rpose is tg sa$try, *!I9_ l_q:I*oj q nqth e[.

hy-ner
her age or
(a) Offended parry need noibeiiirgin or she may be over
eighteen (18) years ofage;
(b) Offender has sFxual intercourse with her.;
(c) offender is he?!rc[nE_9tE;ilde;rl bG;sa n, r] |rl|t
yvhether legitimate gr ilte6"ffi

Art 338.

yeaffiF* ffiwP

(3) Offender

Offender has sexual intercourse with her;

There
on the part of the

rll F

years

The acts are commltted upon a woman who is a virqin or

l-ngle or wiCew pf qggdleprlaticrn, under eighteen (tB)

bu-t-6Ver twelve (12) years, or a sister or descendant, regardless of
her reputation or age;

#
A
It

Art. 343. Consented abduction.

Elements;
(1)
(2)

Offended party is a yirgin;

She is oy-cu-huelvg(Ifand

l)T ( ,t-F,l,trtp #i{'#

T

18) years

of

,tnfiU'l'nJtu

'Jwi
'(

/,:' ',Lyith,
n) ,i

n
l{
:! ; / fi, i I ,t,&frt/".1.'.! f,{tt

98

(3)

offender takes her away with her consent, after soricitation

or cajolery;

taking away is with tewd designs.

^ (ql The
Penalty:
Prisidn co,eccionarin its minimuri ano medium periocls,
CHAPTER FIVE

/,/-t'

in ehaptersofwo, fhree and#our of this T!tle,l2 shall be punished as

#'
F-rrnOfte-rn
or other persons in any other capacity enlrusleA
---fn"f;qchqts
with the ffin

provisions Relative to the

preceding Chapters of TiHe Eleven

and guidance of youth, shall also suffer the

its maximum Period to

perpetua I special disqualifi cation;

Art. 3M, prosecution rcf the crimes of

adultery,
seduction,_
abduction,
rape
and
acts of
_ :on:t'hinag9r'
tasctviousrss. ,/,/
h" /t.
fr, lasciviouslr6ss.
(1) ,{auftery.
t^f,Y;*hqt
Y .'"* hrI (l)
Adulte* and.,/oncubinage
anri ,Ann",rhinrna m,,eF
Fra h,^^^^,,!^,
must be
prosecured

4lX1|:H.'

colhpl_aint signed by the off*ended

q** prusecureo
^*^J11.^
uryn SpH$
,i h
n'rl;d,

:Sr]e_Q,-.Uy__llfe

parents, grandparents or gua;A6nt-in

ffi"fif;rlt$$eTfi.

.,,,,

Persons guilty

rrXF'
lr'*

(a)

sentenced to:

TITLE TWELVE

Cl'n!9: igainst the ctyl {a.$s of Persons

must be
offended party, lrer

;;

of rape, seduction or abduction, shail also be

iAd-gnnify the offended woman;

offspring, unlgss the law should prevenr

Jb) @the
frimfromffi':t
(c)

for

Simulation of Bifths and Usurpation of Civil Status

Art. 347. Simulation of bidhs, substitution of one child

another, and concealment

orina
the

Art. 346. Liability of ascendants, guardians, teachers, or

other persons entrusted with the aultody or ine offended
party.

guardi

abandonment

of

Acts punlshed:

* (2)
ttl simulation

of births;

Su.bstitution of orye child for another;

ig\ ,fincealing oraSandoning any legitimate child with intent to

cause such child to lose its civil status'

-Penalues:

a fine of not to exceed P1,000, for the

substitution of one chitd for another and the
concealment or abandonment of any legitimate child with intent to
cause such child,t6lose its ciykstatu s,
Anv.dhVsician ordfirgeon or-tfublic officer who, in violation
in the
of
rthe
preceding
next
crimes mentioned in the h1rf
execution of any of
paragraphs, shall suffer the penalties therein prescribed and also the
pena lty of tem porary special disq ua lification.
Prisidn mayor and

simulation

Articles 333

or

legitimate child.

(1)

(2) rhe

The
who,

guardian.

upon

tiabiritv or persons suirty or c'imes asainsr

ttt$"nnpxfu . (1)

lA*$F-

.dousel-

special disqualification from filling the office of

of births,

e\
the'duil;

rlflrc crimes relened to nrc (l) ncls ol tnsciuionsue.ss: (2). qnolified xducliou; (i) siuPle sduction;
(4) ncts ol lnsivioasrrcss rrrillt the airixtrt of lhc offende! Porry; (5) corntption ol ninors; (6) whi'lc
slmr ttnic; (7) lorcibb afutnction; aud (8) consented nbdnction'

lANWvtNb
,tNWVlNb 0f,
0r. f{Uftrl00NlNa
MN06NlNp nfrN1 L#"lIliil/Trfr *ftlt,
r) ulyll lngql w,"v6llFfry
d,iilft?l'J |mq ff ilr#ftt$ CIn n*mNtilhls stdt/l qt;lf *rl{t,s;nru
$-ffi
#lT,%'&'*

fl' ftff

#,ffiw#*w'#fi

100
101

Art. 348. Usurpation of civil status.

Penalty: Aresto mayorand a fine not to exceed P500,

Penalties:

An. 352. Performance of illegal marriage ceremony.

mayon shoutd g_persan..usgrp_lhe'dvrlsfalu_s_of

!t)

-Prisi6n
unotll.JqJ,S",P'Potq
;
\z) rnspn @reffitonet in its medium and maximum periods]ii

Persons liable:
Priests or miniEters of any religious denomination or sect, or civil

9!:

a"rmffi.-

othen.rrise.

Pgffiffif*fmprisonment for not less than one (1) month nor more
than two (2) years, or a fine not less than P200 nor more than

CHAPTER TWO

Illegal Marriages

P2,000.

ArL 349. Bigamy.

TITLE THIRTEEN
Crimes Against Honor

Elements:

CHAPTER ONE

Art. 353. Definition of libel.

Elements:

(1) There must be an imputation of a crime, or of a vice

defect, real or imaginary, or any act, olnission, condition, status,

[0

Att. 350. Illegal marriage.

Elements:

(1) offpndercontracted marriaqe:

(2) H{kneffaFih-effi*-'

'--Ci

The imputation must rend to cause the dishonor, discredit

or contempt of the person

(l )--tFa r*equirernents of th e a w we re r_e!,_eenplied-1ryi$ ;

(b)
rhe mQrn?ee was in disres?tq_gklgg:ITctlg.
I

(1) Pisidn aneaionalin its medium and maximum periodsl

(2) The .mEfh11"nn_-pS^flqfl of the penatty provided in the next

preceding paragraph, if either of the

the consent of the other by means of vio

',,:;ll,!,?1
.,rrr r,i if

FEmifnia maili;e;:-

jl
u\'-/

woman who, her marriage havlng been annulled or

x
dlssolvert
marrled
before her dellvery or beforelhe expir;Bon-6'fifd
-fZf-A
t*.fi rf.
perlod of three hundred one (301) days after the date of the legal
; o separatlon,

'l-n\

fil{

..

li

nq

ll

(a)

,t,/

r* p},qu*'
)(;

to be

malicious,

ts snown,wxqep[ In me rollowlno cases.

A p-rivate communication made by any person to another in

\.i

(301)
before_having

(1)
i-'i

defamed.

Art. 354. Requirement for publicity.

Penalties:

;'trEI.

ifnitrl/.fuln

circumstance; UV t)^RE
|,S
WfrhAlU
(2) The impuYation must be made publicly;
ilyvrnlf iyO*l
'
(3) It must be malicious;
;'
'ii
(4) The imputation must be direeLe-d*)t a natural or iuridical l\J /pUa,64
per!p!, or one who ls deaC;
, . A il,^ .
^

Penalty: Prisi6n mayor,

'

or
or

faith, without any

of

otffiiEl-

confidential nature, or of any

@
statement, report or speech delivered in said proceedings, or of any
other act performed by publlc officers in the exercise of thelr

not

functlons.

l$-l{}{JiltA

[, l,lij,

702

103

(2) Printing;
(3) U$ography;
(4) Engmving;
(5) Radio;
(6) Photograph;
(7) Painting;

(2)

Anesto menorot a fine not to exceed P200, if otherwise'

Art. 359. Slander by deed.
Fle$ents:
(1) O-ffender perfArrns,an g* not included in any other crime
against honor;
(2) Such act is performed in the

(B)

Theatrlcal exhibition;
Cinematographic exhibition; or
(10) Any slmilar means.
Penalty: Prtsidn conrccionalin its minimum and medium periods or

(9)

persons;

(3)

PenalgeS:

(l)

Arresto mayorln its maximum period to prisidn coneoional

period or a fine ranging from F200 to F1,000;
minimum
in its
(2) Aresto menQror a fine not to exceed P200, if said act is not
of serious nature.

pafi,
Aft. 356, Thrcatening to publish and offer to prevent

action which may be brought by the offended

such publication for a compensation.

,,/

t"

Art. 360. Persoits resPonsible.

t'/-

..1

(Z)

Persons responsible f.:r

or other members of his farnily;

compensation or monev considera.tion,

of

hbel:

y/
ny'
(1) Any person who shall fublish, /exhibit, or

concernng vftm, orfits

parents,

diseredit or -c-ontempt upon the

Such act

SIen,gg PqP-'

a fine ranging from F200 to F6,000, or both, in addition to the civil

(1)

grqfgn;g*91-9![g*Pgt*[ or

the
-cgu-sg*
publiiaiion or exhibition of anyr defamation in writing orEy--ffiitr?
means;
a book or pamphle$
(2) The

such libel for

*-

Penalty: Arresto mayor or a fine ranging from F200 to F2,000, or

(3) rhe

,2

|"
4:ly;fi
I t
...

.jnr

(1) Offender is a rqporter, editor or manager of a newspaper,

daily or magazine;
(2) He publglp5-_fagts

_anpther;

connected with

the private life

of

&;j,1/d1{n,+3. (3) Such facts are offglrliv-e to__the-hsncr,..vregjnE-repqtgggn

J,j.,.
cl /0,
,1r,

alsalclpe$!_on,_

Penaltv: Arresto mayor or a fine ranging from P200 to p2,000, or

nragazine*a.Ls q [eJ ^PjtpJcalion

constitutes
regardless of
pttblic officer;

Ityo. kinds,of oral defa rJrqtion

(1)
(2)

of his official duties.

related to the discharge
,fui,!]:.fuas#"

Art. 362. Libelqus

Penaltiesl

--k

on matters

Libelous remarks

It made wtfn mallce ln

slander;

----T

Simple
Grave slander, when it is of a perlous and insgl!nj_.[a!Ug,

(1) Prision mrrercionalin its minimum period if it is of a serious

and insulting nature;

a crime

offended

(2)'actWhen the offended pafi is a @glment employee/ even

if tni
or omission does not constitutdt-?rffiS*ffffitffi, it is

both.

Art. 358. Slander.

CHAPTER TWO

Incriri'rinatory Machinatlons
Aft. 363. Incrimlnating innocent persons.
Ele.ment$:

(1)

Offender performs an ac!

104

lu)

(2)

By such an act,
.l_g_Igimjo"ur*s"_er_jmzutel_jg3ll*n'l"rgcent

El.ements of simple

ilffi;

Anestomffi

Penalty:

irurudence:

-!An* U, (1) There is lack.-g-f precautior on the part of the offender;

not immediate or the
fi;i;ffiWL izi Tlre oam6'66ifrFe 6-ib be cause is@
danger is not clEE-'ffi?nifeisf:*'
a,*
t
^.
*!*1s'
(1) Al
any
imprudence, Jlrclll
llllPlu(JsllLs,
commit
llllrll olly
bv lsLl\1tr)>
by
reckless
reckless
shall Lvl
nnv
Any
ly person
vyl1(J, uy
ha l' --Jtl
Pgl)ull who,
\r/
-- would
ln
a grave felony,

PgIganJhe-com rnission.. 9-f

(3) Such act does not constitute perjury,

tm

Art. 364. Intriguing against honor.

Elements:

(1) offender djEseoUgles fly11!;jeUg;

constitute
act which, had it been intentional,
pulgge to blemish the honor or reputation of a .fr,At
Its
penalty of aresto m.argr.i1 its maximum neqi.gd. t9
the
!?) FrlgJpgl
,I nrh?ll.suffer
I ...
person.
I r^ n^t i@hprisi6n @n&ionalln lb medium perlod; lf it would have constituted
P@W: Aresb nenoror fine not to exceed P2oo.
,.t')IYiu" tess grave fetony, the p enattf of aftsto nararln lb mlnimum and

FoURTEEN
ori"i"l"-"'

TrrLE
qu"ui
soLE CHAPTER

crimina,Ne;,i;;;ce

ArL 365. rmprudence and

negligence.

lrlY)\]rtf,[,

UJA-^'t"//\htmwseoi

t'rt'ttt

ounished;
anv 3E+lj!ll_
.-- f) 9'$s
l!9tts!--EsEe$-4qiJdence.
would constitute a grave or less grave felontgS+H+EDlqrd,
or ngn( relony
-(2) Crmmittinq thro',"h simpl. imprudengeor nolioepte en ac
Acts

ffi

*tfifuffi,"*

imprudence or slmple lmprudence or

negflgence.

,,,","!.'-ffi$'.TfJ',L,ili:3i"v,'Tiiiir"l.*febiv:

"'J3'Hi$'""tiff-

,,r, El+gSSlEry*S3
-- -- --.
(1) ofiender dos orGus to do-a!39!tIN

Mlt4ull!2i

the ootngirorffifEiiiE-to

dotha-t act is

nl;TYffiSn

ffi"*$i*
'

nder tat<ing iritoGnsioeration:'

t"

*,f]"111,'.trf;[[lliir1d'$$i;JTfl!i,lil"ii,lflF"1i,ii;:llii

suffer the penalty of{ azeilig nawr in its medium and maxlmum
p"rroat; ii rf*uii t"ut conjtitutei a tess serious fetony, fie penalty
of anesb matD!.tniE mintmum period sha[ be imposed;
(3) Whe; U1e o(ecruon of the act covered by this article shall
have'only resuhed In damage !o the property of another, the
offender;hallbe punished by iflne ranging frbm in amount equalto

iljliil,:"j::'l"t*"4:lt*i*iritr'""'ousrusbutwhkh
jmposed
(4) A flne not e<ceeaing izoo and censure shall b

:ff1"#ffif[S";,t, jn:n:fm;t nl**dgfkgl

"

I'nl!|"|fl!

p"*r,y

hreher in deeree to those pror'ided ror in

-upon
the offendef who iatts to tend on
the spot to the Injured parties such hetp as may be in his hands to
sive

"ed
thb;r[tcte sh;ll be imposec

wtuntary;

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

uddffiffiffi
,,w!fr

ni'ef,lu-r. Wdods shall be lmposed; if it would ha\,,e constjtuted a light

relonv, the penalt! ot affesb nenot in its maximum priod shall be

#i

cona[!];__,
shvsicar
_,__ $
HffiFtrfhfffiiBiil
(c) other circumstances regarding
persons, time and place,
:'

a+ff'5.,$)L.#;,Y'

106 '

't07

APPENDIX *A"
GRAVE FELONIES, LESS GRAVE FELONIES
AND LIGHT FELONIES
Grave felonir are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Article 25 of the Revised penal Code.
Le.ss gnve feloniesare those which the law punishes with penalties
which in thelr maximum period are correctional, in accordance with the

bove-mentloned a rticle.
Lrlght felonles are those infractions of law for the commission of
which the penalty of aresto menoror a fine not exceeding 200 pesos or
both, is provid*"d.
a

APPENDIX'B'
CLASSIFICATION OF PENALTIES

The penalties which may be imposed, according to the Revised

Penal Code, and their different classes, are those included in the
following:
SCALE

PRINCIPAL PENALTIES
Capital punishment:
Death

Afflictive penalties:
Reclusion perpetua
Reclusion temPoral
Perpetual or temporary absolute disqualiflcation
Perpetual or temporary special disqualification
Prision mayor
Correctiona I penalties :
Prision coreccional

Aresto mayor
SusPension

Destierro
Light penalties:
Arresto menor
Public censure

Penalties ccmmon to the three preceding classes:

Fine, and
Bond to keep the peace.

ACEESSORY PENALTIES
i i :.'i] ute d isq ua ification,
Perpetuai or i:ennporary special dlsquallfication,

Pe rpeLu;

.,':-

tel;lp!.ra4'

Suspensron frorn puhlic office, the right to vote and be voted fon,
the profession or calling.

Civil interdictlon,
IndemnificaUon,

Forfeiture

offense,

or

confiscatlon
ni

Payment of costs.

of

instruments and proceeds

of

the

108

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