TITLE SEVEN : CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One- Preliminary Provisions
ARTICLE 203
Who are public officers Any person who by direct
provision of the law, popular
election or appointment by
competent authority, shall take
part in the performance of public
functions in the Government pg
the Philippines Islands, or shall
perform in said Government or
in any of its branches public
duties as an employee, agent, or
subordinate official, of any rank
or class, shall be deemed to be
public officer.
Chapter Two- MALFEASANCE AND MISFEASANCE IN OFFICE
Section One- Dereliction of duty
ARTICLE 204 ELEMENTS
Knowingly rendering unjust 1. That the offender is a judge;
judgment 2. That he renders a judgment in
a case submitted to him for
decision;
3. That the judgment is unjust;
4. That the judge knows that his
judgment is unjust.
ARTICLE 205
Judgment rendered through 1. That the offender is a
negligence judge.
2. That he renders a
judgment in a case
submitted to him for
decision.
3. That the judgment is
manifestly unjust
4. That it is due to his
inexcusable negligence or
ignorance
ARTICLE 206
Unjust interlocutory order 1. That the offender is a
judge;
2. That he performs any of
Requisites
To be a public officer, one must
be-
(1) Taking part in the
performance of public
functions in the
Government, or
Performing in said
Government or in any of
its branches public
duties as an employee,
agent or subordinate
official, of any rank or
class; and
(2) That his authority to
take part in the
performance of public
functions or to perform
public duties must be –
a. By direct provision of the
law, or
b. By popular election, or
c. By appointment by
competent authority
PENALTY
Shall be punished by prision
mayor and perpetual absolute
disqualification.
Shall be punished by arresto
mayor and temporary special
disqualification
The penalty shall be
suspension.
 the following acts:
a. Knowingly renders
unjust interlocutory
order or decree; or
b. Renders a manifestly
unjust interlocutory
order or decree
through inexcusable
negligence or
ignorance.
ARTICLE 207
Malicious delay in the 1. That the offender is a The penalty of prision
administration of justice judge; correctional in its minimum
2. That there is a proceeding period shall be imposed upon
in his court; any judge guilty of malicious
3. That he delays the delay in the administration of
administration of justice; justice.
4. That the delay is
malicious, that is, the
delay is cause by the
judge with deliberate
intent to inflict damage
on either party in the
case.
ARTICLE 208
Prosecution of offenses; ACTS PUNISHABLE: The penalty of prision
negligence and tolerance correctional in its minimum
1. By maliciously refraining from period and suspension shall
instituting prosecution against be imposed upon any public
violators of the law. officers or officer of the law,
2. By maliciously tolerating the who, in dereliction of the
commission of the offenses. duties of his office, shall
maliciously refrain from
ELEMENTS OR DERELICTION OF DUTY instituting prosecution for the
IN THE PROSECUTION OF OFFENSES: punishment of violators of the
1. That the offender is a public law, or shall tolerate the
officer or officer of the law commission of the offenses.
who has a duty to cause the
prosecution of, or to
prosecute, offenses
2. That there is 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 be
committed, he tolerates its
commission.
3. That the offender acts with
malice and deliberate intent
to favor the violator of the
law
ARTICLE 209
Betrayal of trust by an ACTS PUNISHED AS BETRAYAL OF In addition to the proper
attorney of solicitor-- TRUST BY ATTORNEY administration action, the
revelation of secrets penalty of prision correctional
1. By causing damage to his in its minimum period, or a
 client, either (1) by any
malicious breach of
professional duty, (2) by
inexcusable negligence or
ignorance
Note: When the attorney acts (1) with
malicious abuse of his employment or
(2) inexcusable negligence or
ignorance, there just be damage to his
client.
2. By revealing any of the
secrets of his client learned by
him in his professional
capacity.
Note: Damage is not necessary.
3. By undertaking the defense of
the opposing party in the
same case, without the
consent of his first client,
after having undertaken the
defense of said first client or
after having received
confidential information from
said client.
Note: If the client consents to the
attorney’s taking the defense of the
other party, there is no crime.
SECTION TWO--- BRIBERY
ARTICLE 210 ELEMENTS/ACTS PUNISHABLE
Direct bribery Acts punishable in direct
bribery:
A public officer commits direct
bribery ---
1. By agreeing to perform,
or by performing, in
consideration of any
officer, promise, gift or
present – an acts
constituting a crime, in
connection with the
performance of his
official duties.
2. By accepting a gift in
consideration of the
execution of an act
which does not
constitute a crime, in
connection with the
performance of his
fine ranging from 200 to 1,000
pesos, or both shall be
imposed upon any attorney-
at-law or solicitor who, by any
malicious breach of
professional duty or of
inexcusable negligence or
ignorance, shall prejudice his
client, or reveal any of the
secrets of the latter learned
by him in his professional
capacity.
The same penalty shall be
imposed upon any attorney-
at-law or solicitor who, having
undertaken the defense of a
client or having received
confidential information from
said client in a case, shall
undertake the defense of the
opposing party in the same
case, without the consent of
his first client.
PENALTY
Any public officer who shall
agree to perform an act
constituting a crime, in
connection with the
performance of his official
duties, in consideration of any
offer, promise, gift or present
received by such officer,
personally or through the
mediation of another, shall
suffer the penalty of prision
mayor in its medium and
maximum periods and a fine of
not less than three times the
value of the gift, in addition to
the penalty corresponding to the
crime agreed upon, if the same
shall have been committed.
If the gift was accepted by the
officer in consideration of the
execution of an act which does
 official duty
3. By agreeing to refrain, or
by refraining, from doing
something which it is his
official duty to do, in
consideration of gift or
promise.
ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a
public officer within the
scope of Article 203.
b. That the offender accepts
an offer or a promise be
accepted, or gift or present
received by the public
officer—
c. That such offer or promise
be accepted, or gift or
present received by the
public officer-
(1) With a view to
committing some crime;
or
(2) In consideration of the
execution of an act
which does not
constitute a crime, but
the act must be unjust;
or
(3) To refrain from doing
something which it is his
official duty to do.
d. That the act which the
offender agrees to perform
or which he executes be
connected with the
performance of his official
duties.
ARTICLE 211 ELEMENTS
Indirect bribery 1. That the offender is a
public officer.
2. That he accepts gifts.
3. That the said gifts are
offered to him by reason
of his office
ARTICLE 211-A
Qualified Bribery 1. That the offender is a
not constitute a crime, and the
officer executed said act, he shall
suffer the same penalty provided
in the preceding paragraph; and
if said act shall not have been
accomplished, the officer shall
suffer the penalties of prision
correctional in its medium
period and a fine not less than
twice the value of such gift.
If the object for which the gift
was received or promised was to
make the public officer refrain
from doing something which it
was his official duty to do, he
shall suffer the penalties of
prision correctional in its
maximum period to prision
mayor in its minimum period
and a fine of not less than three
times the value of such gift.
In addition to the penalties
provided in the preceding
paragraphs, the culprit shall
suffer the penalty of special
temporary disqualification.
The provisions contained in the
preceding paragraphs shall be
made applicable to assessors,
arbitrators, appraisal and claim
commissioners, experts or any
other persons performing public
duties.
PENALTY
The penalties of prision
correctional, in its medium and
maximum periods, suspension
and public censure shall be
imposed upon any public officer
who shall accept gifts offered to
him by reason of his office.
If any public officer is entrusted

ARTICLE 212
Corruption of public officials
Please see ANTI-GRAFT AND CORRUPT PRACTICES ACT ( RA 3019 as amended by RA 3047, PD 77 and
BP 195)
Chapter Three--- FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
ARTICLE 213
Frauds against the public
treasury and similar offenses
public officer entrusted with law enforcement and he
with law enforcement; refrains from arresting or
prosecuting an offender who has
2. That the offender committed a crime punishable
refrains from arresting by reclusion perpetua and/or
or prosecuting an death in consideration of any
offender who has offer, promise, gift or present,
committed a crime he shall suffer the penalty for
punishable by reclusion the offense which was not
perpetua and/or death; prosecuted.
3. That the offender If it is the public officer who asks
refrains from arresting or demands such gift or present,
or prosecuting the he shall suffer the penalty of
offender in death.
consideration of any
promise, gift or present.
1. That the offender makes The same penalties imposed
offers or promises or upon the officer corrupted,
gives gifts or presents to except those of disqualification
a public officer. and suspension, shall be
imposed upon any person who
2. That the offers or shall have made the offers or
promises are made or promises or given the gifts or
the gifts or presents presents as described in the
given to a public officer, preceding articles.
under circumstances
that will make the public
officer liable for direct
bribery or indirect
bribery.
ACTS PUNISHABLE AS FRAUDS The penalty of prision
AGAINST PUBLIC TREASURY correctional in its medium
AND ILLEGAL EXACTIONS: period to prision mayor in its
minimum period, or a fine
1. By entering into an ranging from 200 to 10,000
agreement with any pesos, or both, shall be imposed
interested party or upon any public officer;
speculator or making use
of any other scheme, to
defraud the government,
in dealing with nay
person with regard to
furnishing supplies, the
making of contracts, or
the adjustment or
settlement of accounts
relating to public
property or funds.
 2. By demanding, directly
or indirectly, the
payment of sums
different from or larger
than those authorized by
law, in the collection of
taxes, licenses, fees, and
other imposts.

3. By failing voluntarily to
issue a receipt, as
provided by law, for any
sum of money collected
by him officially, in the
collection of taxes,
licenses, fees, and other
imposts.

4. By collecting or
receiving, directly or
indirectly, by way of
payment or otherwise,
things or objects of a
nature different from
that provided by law, in
the collection of taxes,
licenses, fees, and other
imposts.

ELEMENTS OF FRAUDS AGAINST

PUBLIC TREASURY

a. That the offender be

a public officer.
b. That he should have
taken advantage of
his office, that is, he
intervened in the
transaction in his
official capacity.
c. That he entered into
an agreement with
any interested party
or speculator or
made use of any
other scheme with
regard to (1)
furnishing supplies,
(2) the making of
contracts, or (3) the
adjustment or
settlement of
accounts relating to
public property or
funds.
d. That the accused
had intent to
defraud the
 Government

ELEMENTS OF ILLEGAL
EXACTIONS:

a. The 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:

(1) Demanding, directly or

indirectly, the payment
of sums different from
any or larger than those
authorized by law; or
(2) Failing voluntarily to
issue a receipt, as
provided by law, for any
sum of money collected
by him officially; or
(3) Collecting or receiving,
directly or indirectly, by
way of payment or
otherwise, things or
objects of a nature
different from that
provided by law.
ARTICLE 214
Other frauds 1. That the offender is a In addition to the penalties
public officer. prescribed in the provisions of
Chapter Six, Title Ten, Book Two
2. That he takes advantage of this Code, the penalty of
of his official position. temporary special
disqualification in its maximum
3. That he commits any of period to perpetual special
the frauds or deceits disqualification shall be imposed
enumerated in Articles upon any public officer who,
315 to 318. taking advantage of his official
position, shall commit any of the
frauds or deceits enumerated in
said provisions.
ARTICLE 215
Prohibited transactions 1. That the offender is an The penalty of prision
appointive public officer. correctional in its minimum
2. That he becomes period or a fine ranging from 200
interested, directly or to 1,000 pesos, or both, shall be
indirectly, in any imposed upon any appointive
transaction of exchange public officer who, during his
or speculation. incumbency, shall directly or
3. That the transaction indirectly become interested in
takes place within the any transaction of exchange or
territory subject to his speculation within the territory
jurisdiction. subject to his jurisdiction.

ARTICLE 216
Possession of prohibited
interest by a public officer
4. That he becomes
interested in the
transaction during his
incumbency.
Who are liable for possession of The penalty of arresto mayor in
prohibited articles? its medium period to prision
correctional in its minimum
1. Public officer who, period, or a fine ranging from
directly or indirectly, 200 to 1,000 pesos, or both, shall
became interested in be imposed upon a public officer
any contract or business who, directly or indirectly, shall
in which it was his become interested in any
official duty to contract or business in which it is
intervene. his official duty to intervene.
2. Experts, arbitrators, and
private accountants This provision is applicable to
who, in like manner took experts, arbitrators and private
part in any contract or accountants who, in like manner,
transaction connected shall take part in any contract or
with the estate or transaction connected with the
property in the estate or property in appraisal,
appraisal, distribution or distribution, or adjudication of
adjudication of which which they shall have acted, and
they had acted. to the guardians and executors
3. Guardians and executors with respect to the property
with respect to the belonging to their wards or
property belonging to estate.
their wards or the
estate.

Chapter Four--- MALVERSATION OF PUBLIC FUNDS OR PROPERTY

ARTICLE 217
Malversation of public funds or
property—Presumption of
malversation
ACTS PUNISHABLE IN
MALVERSATION
1. By appropriating public
funds or property.
2. By taking or
misappropriating the
same.
3. By consenting, or
through abandonment
or negligence, permitting
any other person to take
such public funds or
property.
4. By being otherwise guilty
of the misappropriation
or malversation of such
funds or property.
1. The penalty of prision
correctional in its
medium and maximum
periods, if the amount
involved in the
misappropriation or
malversation does not
exceed two hundred
pesos.
2. The penalty of prision
mayor in its minimum
and medium periods, if
the amount involved is
more than two hundred
pesos but does not
exceed six thousand
pesos.

ELEMENTS COMMON TO ALL 3. The penalty of prision

ACTS OF MALVERSATION mayor in its maximum
UNDER ARTICLE 217 period to reclusion
(a) That the offender be a temporal in its minimum
 public officer
(b) That he had the custody
or control of funds or
property by reason of
the duties of his office.
(c) That those funds or
property were public
funds or property for
which he was
accountable.
(d) That he appropriated,
took, misappropriated or
consented or, through
abandonment or
negligence, permitted
another person to take
them.
*The failure of a public officer to
have duly forthcoming any public
funds or property with which he
is chargeable, upon demand by
any duly authorized officer, shall
be prima facie evidence that he
has out such missing funds or
property to personal uses. (As
amended by RA 1060)
period, if the amount
involved is more than six
thousand pesos but is
less than twelve
thousand pesos.
4. The penalty of reclusion
temporal in its medium
and maximum periods, if
the amount involved is
more than twelve
thousand pesos but is
less than twenty-two
thousand pesos. If the
amount exceeds the
latter, the penalty shall
be reclusion temporal in
its maximum period to
reclusion perpetua.
In all cases, persons guilty of
malversation shall also suffer the
penalty of perpetual special
disqualification and a fine equal
to the amount of the funds
malversed or equal to the total
value of the property embezzled.

ARTICLE 218
Failure of accountable officer to
render accounts
ARTICLE 219
Failure of a responsible public
officer to render accounts
before leaving the country
1. That the offender is a Shall be punished by prision
public officer, whether in correctional in its minimum
the service or separated period, or by a fine ranging from
therefrom. 200 to 6,000 pesos, or both.
2. That he must be an
accountable officer for
public funds or property.
3. That he is required by
law or regulation to
render accounts to the
Commission on Audit, or
to a provincial auditor.
4. That he fails to do so for
a period of two months
after such accounts
should be rendered.
(a) That the offender is a Shall be punished by arresto
public officer mayor, or a fine ranging from
(b) That he must be an 200 to 1,000 pesos, or both.
accountable officer for
public funds or property
(c) That he must have
unlawfully left (or be on
the point of leaving) the
Philippines without
securing from the
Commission on Audit a
certificate showing that

ARTICLE 220
Illegal use of public funds or
property
ARTICLE 221
Failure to make delivery of
public funds or property
ARTICLE 222
Officers included in the
preceding provisions
his accounts have been
finally settled.
1. That the offender is Shall suffer the penalty of prision
a public officer. correctional in its minimum
2. That there is a public period or a fine ranging from
fund or property one-half to the total value of the
under his sum misapplied, if by reason of
administration. such misapplication, any
3. That such public damages or embarrassment shall
fund or property has have resulted to the public
been appropriated service. In either case, the
by law or ordinance. offender shall also suffer the
4. That he applies the penalty or temporary special
same to a public use disqualification.
other than that for
which such fund or If no damage or embarrassment
property has been to the public service has
appropriated by law resulted, the penalty shall be a
or ordinance. fine from 5 to 50 percent of the
sum misapplied.
ACTS PUNISHABLE UNDER Shall be punished by arresto
ARTICLE 221 mayor and a fine of from 5 to 25
percent of the sum which he
1. By failing to make failed to pay.
payment by a public
officer who is under The fine shall be graduated in
obligation to make such such case by the value of the
payment from thing, provided that it shall not
Government funds in his be less than 50 pesos.
possession.
2. By refusing to make
delivery by a public
officer who has been
ordered by competent
authority to deliver any
property in his custody
or under his
administration.
ELEMENTS OF FAILURE TO
MAKE PAYMENT
1. That the public officer
has Government funds in
his possession.
2. That he is under
obligation to make
payment from such
funds.
3. That he fails to make the
payment maliciously.
Private individuals who may be
liable under Articles 217 to 221.
1. Private individuals who,
 in any capacity
whatever, have charge
of any national,
provincial or municipal
funds, revenue, or
property.
2. Administrator or
depository of funds or
property attached,
seized or deposited by
public authority, even if
such property belongs to
a private individual.

Chapter Five--- INFIDELITY OF PUBLIC OFFICERS

ARTICLE 223 ELEMENTS PENALTY

Conniving with or consenting to 1. That the offender is a 1. By prision correctional in
evasion public officer. its medium and
2. That he had in his maximum periods and
custody or charge, a temporary special
prisoner, either disqualification in its
detention prisoner or maximum period to
prisoner by final perpetual special
judgment. disqualification, if
3. That such prisoner fugitive the fugitive shall
escaped from his have been sentenced by
custody. final judgment to any
4. That he was in penalty.
connivance with the 2. By prision correctional in
prisoner in the latter’s its minimum period and
escape. temporary special
disqualification, in case
the fugitive shall not
have been finally
convicted but only held
as a detention prisoner
for any crime or violation
of law or municipal
ordinance.
ARTICLE 224
Evasion through negligence 1. That the offender is a Said officer shall suffer the
public officer. penalties od arreto mayor in its
2. That he is charged with maximum period to prision
the conveyance or correctional in its minimum
custody of a prisoner, period and temporary special
either detention disqualification.
prisoner or prisoner by
final judgment
3. That such prisoner
escapes through his
negligence
ARTICLE 225
Escape of prisoner under the 1. That the offender is a Shall suffer the penalty next
custody of a person not a public private person. lower in degree than that
officer 2. That the conveyance or prescribed for the public officer.
custody of a prisoner or

ARTICLE 226
Removal, concealment or
destruction of documents
person under arrest is
confided to him.
3. That the prisoner or
person under arrest
escapes.
4. That the offender
consents to the escape
of the prisoner or person
under arrest, or that the
escape takes place
through his negligence.
1. That the offender is a
public officer.
2. The he abstracts,
destroys or conceals
documents or papers.
3. That the said documents
or papers should have
been entrusted to such
pubic officers by reason
of his office.
4. That the damage,
whether serious or not,
to a third party or to the
public interest should
have been caused.
1. The penalty of prision
mayor and a fine not
exceeding 1,000 pesos,
whenever serious
damage shall have been
caused thereby to a third
party or to the public
interest.
2. That the penalty of
prision correctional in its
minimum and medium
period and a fine not
exceeding 1,000 pesos,
whenever the damage
caused to a third party
or to the public interests
shall not have been
serious.

In either case, the additional

ARTICLE 227
Officer breaking seal
ARTICLE 228
Opening of closed documents
penalty of temporary special
disqualification in its maximum
period to perpetual special
disqualification shall be imposed.
1. That the offender is a Shall suffer the penalties of
public officer. prision correctional in its
2. That he is charged with minimum and medium periods,
the custody of papers or temporary special
property. disqualification and a fine not
3. That these papers or exceeding 2,000 pesos.
property are sealed by
proper authority.
4. That he breaks the seals
or permits them to be
broken.
1. That the offender is a Shall suffer the penalties of
public officer. arresto mayor, temporary
2. That any closed papers, special disqualification and a fine
documents, or objects not exceeding 2,000 pesos.
are entrusted to his
custody.
3. That he opens or permits
to be opened said closed
papers, documents or
 objects.
4. That he does not have
proper authority.
ARTICLE 229
Revelation of secrets by an ACTS PUNISHABLE AS Any public officer who shall
officer REVELATION OF SECRETS BY AN reveal any secret known to him
OFFICER by reason of his official capacity,
or shall wrongfully deliver papers
1. By revealing any secrets or copies of papers of which he
known to the offending may have charge and which
public officer by reason should not be published, shall
of his official capacity. suffer the penalties of prision
2. By delivering wrongfully correctional in its medium and
papers or copies of maximum periods, perpetual
papers of which he may special disqualification, and a
have charge and which fine not exceeding 2,000 pesos if
should not be published. the revelation of such secrets or
the delivery of such papers shall
ELEMENTS OF NO. 1 have caused serious damage to
the public interest; otherwise,
a. That the offender is a the penalties of prision
public officer. correctional in its minimum
b. That he knows of a period, temporary special
secret by reason of his disqualification, and a fine not
official capacity. exceeding 500 pesos shall be
c. That he reveals such imposed.
secret without authority
or justifiable reasons.
d. That damage, great or
small, be caused to the
public interest.

ELEMENTS OF NO. 2

1. That the offender is a

public officer.
2. That he has charge of
papers.
3. That those papers
should not be published.
4. That he delivers those
papers or copies thereof
to a third person.
5. That the delivery is
wrongful.
6. That the damage be
caused to public interest.

ARTICLE 230
Public officer revealing secrets
of private individual
1. That the offender is a
public officer.
2. That he knows of the
secrets of a private
individual by reason of
his office.
3. That he reveals such
secrets without
authority or justifiable
 reason.

Chapter six --- OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

SECTION ONE—Disobedience, refusal of assistance, and maltreatment of prisoners

ARTICLE 231
Open disobedience 1. That the offender is a Shall suffer the penalties od
judicial or executive arresto mayor in its medium
officer. period to prision correctional in
2. That there is a judgment, its minimum period, temporary
decision or order of a special disqualification in its
superior authority. maximum period, and a fine not
3. That such judgment, exceeding 1,000 pesos.
decision or order was
made within the scope
of the jurisdiction of the
superior authority and
issued with all the legal
formalities.
4. That the offender
without any legal
justification openly
refuses to execute the
said judgment, decision,
decision or order, which
he is duty bound to
obey.
ARTICLE 232
Disobedience to order of 1. That the offender is a Shall suffer the penalties of
superior officer, when said public officer. prision correctional in its
order was suspended by inferior 2. That an order is issued minimum and medium periods
officer by his superior for and perpetual special
execution. disqualification.
3. That he has for any
reason suspended the
execution of such order.
4. That his superior
disapproves the
suspension of the
execution of the order.
5. That the offender
disobeys his superior
despite the disapproved
of the suspension.
ARTICLE 233
Refusal of assistance 1. That the offender is a The penalties of arresto mayor in
pubic officer. its medium period to prision
2. That a competent correctional in its minimum
authority demands from period, perpetual special
the offender that he disqualification and a fine not
lend his cooperation exceeding 1, 000 pesos, shall be
towards the imposed upon a public officer
administration of justice who, upon demand from
or other public service. competent authority, shall fauil
3. That the offender fails to to lend his cooperation towards
do so maliciously. the administration of justice or

ARTICLE 234
Refusal to discharge elective 1. That the offender is
office elected by popular
election to a public
office.
2. That he refuses to be
sworn in or to discharge
the duties of said office.
3. That there is no legal
motive for such refusal
to be sworn in or to
discharge the duties of
said office.
ARTICLE 235
Maltreatment of prisoners 1. That the offender is a
public officer or
employee.
2. That he has under his
charge a prisoner or
detention prisoner.
3. That he maltreats such
prisoner in either of the
following manners:
a.) Be overdoing himself
in the correction or
handling of a
prisoner or
detention prisoner
under his charge
either—
(1) By the
imposition of
punishments not
authorized by
the regulations,
or
(2) By inflicting such
punishments
(those
authorized) in a
cruel and
humiliating
manner; or
b.) By maltreating such
prisoner to extort a
confession or to
obtain some
information from
the prisoner.
other public service, is such
failure shall result in serious
damage to the public interest, or
to a third party; otherwise,
arresto mayor in its medium and
maximum periods and a fine not
exceeding 500 pesos shall be
imposed.
The penalty of arresto mayor or
a fine not exceeding 1,000 pesos,
or both, shall be imposed upon
any person who, having been
elected by popular election to a
public office, shall refuse without
legal motive to be sworn in or to
discharge the duties of said
office.
The penalty of prision
correctional in its medium
period to prision mayor in its
minimum period, in addition to
his liability for the physical
injuries or damage caused, shall
be imposed upon any public
officer or employee who shall
overdo himself in the correction
or handling of a prisoner or
detention prisoner under his
charge by the imposition of
punishments not authorized by
the regulations, or by inflicting
such punishments in a cruel and
humiliating manner.
If the purpose of the
maltreatment is to extort a
confession, or to obtain some
information from the prisoner,
the offender shall be punished
by prision mayor in its minimum
period, temporary special
disqualification and a fine not
exceeding six thousand (P6,000)
pesos, in addition to his liability
for the physical injuries or
damage caused (as amended by
EO 62)
SECTION TWO--- Anticipation, prolongation, and abandonment of the duties and powers of public
office

ARTICLE 236
Anticipation of duties of a public 1. That the offender is Any person who shall assume
office entitled to hold a public the performance of the duties
office or employment, and powers of any public office
either by election or or employment without first
appointment. being sworn in or having given
2. That the law requires the bond required by law, shall
that he should first be be suspended from such office
sworn in and/or should or employment until he shall
first give a bond. have complied with the
3. That he assumes the respective formalities and shall
performance of the be fined from 200 to 500 pesos.
duties and powers of
such office.
4. That he has not taken his
oath of office and/or
given the bond required
by law.
ARTICLE 237
Prolonging performance of 1. That the offender is Shall suffer the penalties of
duties and powers holding public office. prision correctional in its
2. That the period provided minimum period, special
by law, regulations or temporary disqualification in its
special provisions for minimum period and a fine not
holding such office, has exceeding 500 pesos.
already expired.
3. That he continues to
exercise the duties and
powers of such office.
ARTICLE 238
Abandonment of office or 1. That the offender is a Any public officer who, before
position public officer. the acceptance of his
2. That he formally resigns resignation, shall abandon his
from his position. office to the detriment of the
3. That his resignation has public service, shall suffer the
not yet been accepted. penalty of arresto mayor.
4. That he abandons his
office to the detriment If such office shall have been
of the public service. abandoned in order to evade the
discharge of the duties of
preventing, prosecuting, or
punishing any of the crimes
falling within Title One, and
Chapter One of Title Three of
Book Two of this Code, the
offender shall be punished by
prision correctional in its
minimum and medium periods,
and by arresto mayor if the
purpose of such abandonment is
to evade the duty of preventing,
prosecuting, or punishing any
other crime.
SECTION THREE--- Usurpation of powers and unlawful appointments
ARTICLE 239
Usurpation of legislative powers
ARTICLE 240
Usurpation of executive powers
ARTICLE 241
Usurpation of judicial functions
ARTICLE 242
Disobeying request for
disqualification
ARTICLE 243
Orders or requests by executive
officers to any judicial authority
ELEMENTS PENALTY
1. That the offender is an The penalties of prision
executive or judicial correctional in its minimum
order. period, temporary special
2. That he (a) makes disqualification, and a fine not
general rules and exceeding 1,000 pesos.
regulations beyond the
scope of his authority, or
(b) attempts to repeal a
law or (c) suspends the
execution thereof.
1. That the offender is a Shall suffer the penalty of
judge. arresto mayor in its medium
2. That he (a) assumes a period to prision correctional in
power pertaining to the its minimum period.
executive authorities, or
(b) obstructs the
executive authorities in
the lawful exercise of
their powers.
1. That the offender is an The penalty of arresto mayor in
officer of the executive its medium period to prision
branch of the correctional in its minimum
Government. period.
2. That he (a) assumes
judicial powers, or (b)
obstructs the execution
of any order or decision
rendered by any judge
within his jurisdiction.
1. That the offender is a Shall be punished by arresto
public officer. mayor and a fine not exceeding
2. That a proceeding is 500 pesos.
pending before such
public officer.
3. That there is a question
brought before the
proper authority
regarding his
jurisdiction, which is not
yet decided.
4. That he has been
lawfully required to
refrain from continuing
the proceeding.
5. That he continues the
proceeding.
1. That the offender is an Shall suffer the penalty of
executive officer. arresto mayor and a fine not
2. That he address any exceeding 500 pesos.
order or suggestion to
any judicial authority.
 3. That the order or
suggestion relates to any
case or business coming
within the exclusive
jurisdiction of the courts
of justice.
ARTICLE 244
Unlawful appointments 1. That the offender is a Shall suffer the penalty of
public officer. arresto mayor and a fine not
2. That he nominates or exceeding 1,000 pesos.
appoints a person to a
public office.
3. That such person lacks
the legal qualifications
therefor.
4. That the offender knows
that his nominee or
appointee lacks the
qualifications at the time
he made the nomination
or appointment.

SECTION FOUR--- Abuses against chastity

ARTICLE 245
Abuses against chastity
WAYS OF COMMTTING ABUSES The penalties of prison
AGAINST CHASTITY correctional in its medium and
maximum periods and
1. By soliciting or making temporary special
immoral or indecent disqualification shall be imposed.
advances against a
woman interested in If the person solicited be the
matters pending before wife, daughter, sister, or relative
the offending officer for within the same degree by
decision, or with respect affinity of any person in the
to which he is required custody of such warden or
to submit a report to or officer, the penalties shall be
consult with a superior prision correctional in its
officer. minimum and medium periods
2. By soliciting or making and temporary special
immoral or indecent disqualification.
advances to a woman
under the offender’s
custody.
3. By soliciting or making
immoral or indecent
advances to the wife,
daughter, sister or
relative within the same
degree by affinity of any
person in the custody of
the offending warden or
officer.

ELEMENTS OF THE OFFENSE

a. That the offender is

 a public officer.
b. That he solicits or
makes immoral or
indecent advances
to a woman.
c. That such woman
must be –

(1) Interested in matters

pending before the
offender for decision, or
with respect to which he
is required to submit a
report to or consult with
a superior officer; or
(2) Under the custody of the
offender who is a
warden or other public
officer directly charged
with the care and
custody of prisoners or
persons under arrest; or
(3) The wife, daughter,
sister or relative within
the same degree by
affinity of the person in
the custody of the
offender.
Note: the mother of the person
in the custody of the offender is
not included.

TITLE 8- CRIMES AGAINST PERSONS

CHAPTER ONE- DESTRUCTION OF LIFE

SECTION ONE—Parricide, murder, homicide

ARTICLE 248 ELEMENTS PENALTY

Parricide 1. That a person is killed. Penalty or reclusion perpetua to
2. That the deceased is death.
killed by the accused.
3. That the deceased is the
father, mother, or child,
whether legitimate or
illegitimate, or a
legitimate other
ascendant or other
descendant, or the
legitimate spouse, of the
accused.
ARTICLE 247
Death or physical injuries 1. That a legally married Any legally married person who,
inflicted under exceptional person or a parent having surprised his spouse in
circumstances surprises his spouse or the act of committing sexual
his daughter, the latter intercourse with another person,
under 18 years of age shall kill any of them or both of
and living with him, in them in the act or immediately
 the act of committing thereafter, or shall inflict upon
sexual intercourse with them any serious physical injury,
another person. shall suffer the penalty of
2. That he or she kills any destierro.
or both, of them or
inflicts upon any or both If he shall inflict upon them
of them any serious physical injuries of any other
physical injury in the act kind, he shall be exempt from
or immediately punishment.
thereafter.
3. That he has not
promoted or facilitated
the prostitution of his
wife or daughter, or that
he or she has not
consented to the
infidelity of the other
spouse.
ARTICLE 248
Murder 1. That a person is killed. Any person who, not falling
2. That the accused killed within the provisions of Article
him. 246, shall kill another, shall be
3. That the killing was guilty of murder and shall be
attended by any of the punished by reclusion perpetua
qualifying circumstances to death
mentioned in Article
248.
4. The killing is not
parricide or infanticide.
ARTICLE 249
Homicide 1. That a person was killed. Any person who, not falling
2. That the accused killed within the provisions of Article
him without any 246, shall kill another, without
justifying circumstance; the attendance of any of the
3. That the accused had the circumstances enumerated in
intention to kill, which is the next preceding article, shall
presumed; be deemed guilty of homicide
4. That the killing was not and be punished by reclusion
attended by any of the temporal.
qualifying circumstances
of murder, or by that of
parricide or infanticide.
ARTICLE 250
Penalty for frustrated parricide, The courts, in view of the facts of the case, may impose upon the
murder, or homicide person guilty of the frustrated crime or parricide, murder, or
homicide, defined and penalized in the preceding articles, a penalty
lower by one degree than that which should be imposed under the
provisions of Article 50.

The courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under Article 51 should be imposed
for an attempt to commit any such crimes.
ARTICLE 251
Death caused in a tumultuous 1. That there be several The penalty of prision
affray persons. correctional in its medium and
2. That they did not maximum periods shall be
compose groups imposed upon all those who
organized for the shall have used violence upon
 common purpose of
assaulting and attacking
each other reciprocally.
3. That these several
persons quarreled and
assaulted one another in
a confused and
tumultuous manner.
4. That someone was killed
in the course of the
affray.
5. That it cannot be
ascertained who actually
killed the deceased.
6. That the person or
persons who inflicted
serious physical injuries
or who used violence
can be identified.
ARTICLE 252
Physical injuries inflicted in a 1. That there is a
tumultuous affray tumultuous affray as
referred to in the
preceding article.
2. That a participant or
some participants
thereof suffer serious
physical injuries or
physical injuries of a less
serious nature only.
3. That the person
responsible therefor
cannot be identified.
4. That all those who
appear to have used
violence upon the
person of the offended
party are known.
ARTICLE 253
Giving assistance to suicide ACTS PUNISHABLE AS GIVING
ASSISTANCE TO SUICIDE
1. By assisting another to
commit suicide, whether
the suicide is
consummated or not.
2. By lending his assistance
to another to cmiit
suicide to the extent of
doing the killing himself.
ARTICLE 254
Discharge of firearms 1. That the offender
the person of the victim.
When in a tumultuous affray as
referred to in the preceding
article, only serious physical
injuries are inflicted upon the
participants therefor cannot be
identified, all those who appear
to have used violence upon the
person of the offended party
shall suffer the penalty next
lower in degree than that
provided for the physical injuries
so inflicted.
When the physical injuries
inflicted are of a less serious
nature and the person
responsible therefor cannot be
identified, all those who appear
to have used any violence upon
the person of the offended party
shall be punished by arreto
mayor from five to fifteen days.
Any person who shall assist
another to commit suicide shall
suffer the penalty of prision
mayor, if such person lends his
assistance to another to the
extent of doing the killing
himself, he shall suffer the
penalty of reclusion temporal.
However, if the suicide is not
consummated, the penalty of
arresto mayor in its medium and
maximum periods shall be
imposed.
Any person who shall shoot at
 discharges a firearm another with any firearm shall
against or at another suffer the penalty of prision
person. correctional in its minimum and
2. That the offender has no medium periods, unless the facts
intention to kill that of the case are such that the act
person. can be held to constitute
frustrated or attempted
parricide, murder, homicide, or
any other crime for which a
higher penalty is prescribed by
any of the articles of this Code.
ARTICLE 255
Infanticide 1. That a child was killed. The penalty provided for
2. That the deceased child parricide in Article 246 and for
was less than three days murder in Article 248 shall be
(72hours) of age. imposed upon any person who
3. That the deceased killed shall kill any child less than three
the said child. days of age.

If the crime penalized in this

article be committed by the
mother of the child for the
purpose of concealing her
dishonor, she shall suffer the
penalty of prision mayor in its
medium and maximum periods,
and if said crime be committed
for the same purpose by the
maternal grandparents or either
of them, the penalty shall be
reclusion temporal. (As amended
by RA 7659)
ARTICLE 256
Intentional abortion WAYS OF COMMITTING 1. The penalty of reclusion
INTENTIONAL ABORTION temporal, if he shall use
any violence upon the
1. By using any violence person of the pregnant
upon the person of the woman.
pregnant woman. 2. The penalty of prision
2. By acting, but without mayor, if, without using
using violence, without violence, he shall act
the consent of the without the consent of
woman. (by the woman.
administering drugs or 3. The penalty of prision
beverages upon such correctional in its
pregnant woman medium and maximum
without her consent.) periods, of the woman
3. By acting (by shall have consented.
administering drugs or
beverages), with the
consent of the pregnant
woman.
ELEMENTS OF INTENTIONAL
ABORTION

a. That there is a pregnant

woman;
b. That violence is exerted,
 or drugs or beverages
administered, or that the
accused otherwise acts
upon such pregnant
woman;
c. That as a result of the
use of violence or drugs
or beverages upon her,
or nay other act of the
accused, the foetus dies,
either in the womb or
after having been
expelled therefrom;
d. That the abortion is
intentional.
ARTICLE 257
Unintentional abortion 1. That there is a pregnant The penalty of prision
woman. correctional in its minimum and
2. That violence is used medium periods shall be
upon such pregnant imposed upon any person who
woman without shall cause an abortion by
intending an abortion. violence, but unintentionally.
3. That the violence is
intentionally exerted.
4. That as a result if the
violence the foetus dies,
either in the womb or
after having been
expelled therefrom.
ARTICLE 258
Abortion practiced by the 1. That there is a pregnant The penalty of prision
woman herself or by her woman who has correctional in its medium and
parents suffered an abortion. maximum periods, shall be
2. That the abortion is imposed upon a woman who
intended. shall practice an abortion upon
3. That the abortion is herself or shall consent that any
caused by--- other person should do so.
a. The pregnant
woman herself; Any woman who shall commit
b. Any other person, this offense to conceal her
with her consent; or dishonor shall suffer the penalty
c. Any of her parents, of prision correctional in its
with her consent for minimum and medium periods.
the purpose of
concealing her If this crime be committed by the
dishonor. parents if the pregnant woman
or either of them, and they act
with the consent of said woman
for the purpose of concealing
her dishonor, the offenders shall
suffer the penalty of prision
correctional in its medium and
maximum periods.
ARTICLE 259
Abortion practiced by a 1. That there is pregnant The penalties provided in Article
physician or midwife and woman who has 256 shall be imposed in their
dispensing of abortion suffered an abortion. maximum period, respectively,
2. That the abortion is upon any physician or midwife
 intended.
3. That the offender, who
must be a physician or
midwife, causes, or
assists in causing, the
abortion.
4. That said physician or
midwife takes advantage
of his or her scientific
knowledge or skill.
who, taking advantage of their
scientific knowledge or skill, shall
cause an abortion or assist in
causing the same.
Any physician who, without the
proper prescription from a
physician, shall dispense any
abortive shall suffer arresto
mayor and a fine not exceeding
1,000 pesos.

SECTION THREE- Duel

ARTICLE 260
Responsibility of participants in ACTS PUNISHED IN DUEL
a duel
1. By killing one’s adversary
in a duel.
2. By inflicting upon such
adversary physical
injuries.
3. By making a combat
although no physical
injuries have been
inflicted.
WHO ARE LIABLE IN A DUEL?
1. The person who killed or
inflicted physical injuries
upon his adversary, or
both combatants in any
other case, as principals.
2. The seconds, as
accomplices.
The penalty of reclusion
temporal shall be imposed upon
any person who shall kill his
adversary in a duel.
If he shall inflict upon the latter
physical injuries only, he shall
suffer the penalty provided
therefor, according to their
nature.
In any other case, the
combatants shall suffer the
penalty of arresto mayor,
although no physical injuries
have been inflicted.
The seconds shall in all events be
punished as accomplices.

ARTICLE 261
Challenging to a duel ACTS PUNISHED UNDER ARTICLE The penalty of prision
261: correctional in its minimum
period shall be imposed upon
1. By challenging another any person who shall challenge
to a duel. another, or incite another to give
2. By inciting another to or accept a challenge to a duel,
give or accept a or shall scoff at or decry another
challenge to a duel. publicly for having refused to
3. By scoffing at or decrying accept a challenge to fight a
another publicly for duel.
having refused to accept
a challenge to fight a
duel.

CHAPTER TWO--- Physical Injuries

ARTICLE 262 ELEMENTS PENALTY

Mutilation TWO KINDS OF MUTILATION The penalty of reclusion
temporal to reclusion perpetua
 1. By intentionally
mutilating another by
depriving him, either
totally or partially, of
some essential organ for
reproduction.
2. By intentionally making
other mutilation, that is,
by lopping or clipping off
any part of the body of
the offended party,
other than the essential
organ for reproduction,
to deprive him of that
part of his body.
ELEMENTS OF MUTILATION OF
THE FIRST KIND:
1. That there be a
castration, that is,
mutilation of organs
necessary for
generation, such as the
penis or ovarium.
2. That the mutilation is
caused purposely and
deliberately, that is, to
deprive the offended
party of some essential
organ for reproduction.
ARTICLE 263
Serious physical injuries HOW IS THE CRIME OF SERIOUS
PHYSICAL INJURIES
COMMITTED?
It is committed---
(1) By wounding;
(2) By beating; or
(3) By assaulting (art. 263);
or
(4) By administering
injurious substance. (art.
264)
WHAT ARE SERIOUS PHYSICAL
INJURIES?
They are:
1. When the injured person
becomes insane,
imbecile, impotent or
blind in consequence of
the physical injuries
inflicted.
2. When the injured person
(a) loses the use of
speech or the power to
hear or to smell, or loses
shall be imposed upon any
person who shall intentionally
mutilate another by depriving
him, either totally or partially, of
some essential organ for
reproduction.
Any other intentional mutilation
shell be punished by prision
mayor in its medium and
maximum periods.
1. The penalty of prision
mayor, if in consequence
of the physical inkuries
inflicted, the injured
person shall become
insane, imbecile,
impotent, or blind;
2. The penalty of prision
correctional in its
medium and maximum
periods, if in
consequence of the
physical injuries inflicted,
the person injured shall
have lost the use of
speech or the power to
hear or to smell, or shall
have lost an eye, a hand,
a foot, an arm, or a leg,
or shall have lost the use
of any such member, or
shall have become
incapacitated for the
work in which he was
therefore habitually
engaged.
 an eye, a hand, a foot,
an arm, or a leg, or (b)
loses the use of any such
member, or (c) becomes
incapacitated for the
work in which he was
theretofore habitually
engaged, in
consequences of the
physical injuries inflicted.
3. When the person injured
(a) become deformed, or
(b) loses any other
member of his body, or
(c) loses the use thereof,
or (d) becomes ill or
incapacitated for the
performance of the work
in which he was
habitually engaged for
more than 90 days, in
consequence of the
physical injuries inflicted.
4. When the injured person
becomes ill or
incapacitated for labor
for more than 30 days
(but must not be more
than 90 days)m, as a
result of the physical
injuries inflicted.
ARTICLE 264
Administering injurious 1. That the offender
substances or beverages inflicted upon another
any serious physical
injury.
3. The penalty of prision
correctional in its
minimum and medium
periods, if in
consequence of the
physical injuries inflicted,
the person injured shall
have become deformed,
or shall have lost any
other part of his body, or
shall have lost the use
threof, or shall have
been ill or incapacitated
for the performance of
the work in which he
was habitually engaged
for a period of more
than ninety days;
4. The penalty of arresto
mayor in its maximum
period to prision
correctional in its
minimum period, if the
physical injuries inflicted
shall have caused illness
or incapacity for labor of
the injured person for
more than thirty days.
If the offense shall have been
committed against any of the
persons enumerated in Article
246, or with attendance of any
of the circumstances mentioned
in Article 248, the case covered
by subdivision number `1 of this
article shall be punished by
reclusion temporal in its medium
and maximum periods, the case
covered by subdivision number 2
by prision correctional in its
maximum period to prision
mayor in its minimum period the
case covered by subdivision
number 3 by prision correctional
in its medium and maximum
periods and the case covered by
subdivision number 4 by prision
correctional in its minimum and
medium periods.
The penalties established by the
next preceding article shall be
applicable in the respective case
to any person who, without
intent to kill, shall inflict upon

ARTICLE 265
Less serious physical injuries
2. That it was done by
knowingly administering
to him any injurious
substances or beverages
or by taking advantage
of his weakness of mind
or credulity.
3. That he had no intent to
kill.
Matters to be noted the crime
of less serious physical injuries.
1. That the offended party
is incapacitated for labor
for ten days or more
(but not more than 30
days), or needs medical
attendance for the same
period of time.
2. That the physical injuries
must not be those
described in the
preceding articles.
another any serious physical
injury, by knowingly
administering to him any
injurious substances or
beverages or by taking
advantage of his weakness of
mind or credulity.
Any person who shall inflict upon
another physical injuries not
described in the preceding
articles, but which shall
incapacitate the offended party
for labor for ten days or more, or
shall require medical attendance
for the same period, shall be
guilty of less serious physical
injuries and shall suffer the
penalty of arresto mayor.
Whenever 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, in
addition to the penalty of
arresto mayor a fine not
exceeding 500 pesos shall be
imposed.
Any less serious physical injuries
inflicted upon the offender’s
parents, ascendants, guardians,
curators, teachers, or persons of
rank, or persons in authority,
shall be punished by prision
correctional in its minimum and
medium periods, provided that,
in the case of persons in
authority, the deed does not
constitute the crime of assault
upon such persons.
QUALIFIED LESS SERIOUS
PHYSICAL INJURIES.
(1) A fine not exceeding
P500, in addition to
arresto mayor, shall be
imposed for less serious
physical injuries when—
(a) There is a manifest
intent to insult or
offend the injured

ARTICLE 266
Slight physical injuries and THREE KINDS OF SLIGHT
maltreatment PHYSICAL INJURIES:
1. Physical injuries which
incapacitated the
offended party for labor
from one (1) to nine (9)
days, or required
medical attendance
during the same period.
2. Physical injuries which
did not prevent the
offended party from
engaging in his habitual
work or which did not
require medical
attendance.
3. Ill-treatment of another
by deed without causing
any injury.
CHAPTER THREE--- Rape
ARTICLE 266-A
Rape, When and How ELEMENTS OF RAPE UNDER
Committed PARAGRAPH 1:
1. That the offender is a
man;
2. That the offender had
carnal knowledge of a
woman;
3. That such act is
person, or
(b) There are
circumstances
adding ignominy to
the offense.
(2) A higher penalty is
imposed when the
victim is either—
(a) The offender’s
parents, ascendants,
guardians, curators
or teachers; or
(b) Persons of rank or
persons in authority,
provided the crime is
not direct assault.
1. By arresto menor when
the offended party has
inflicted physical injuries
which shall incapacitate
the offended party for
labor from one to nine
days, or shall require
medical attendance
during the same period;
2. By arresto menor or a
fine not exceeding 200
pesos and censure when
the offender has caused
physical injuries which
do not prevent the
offended party from
engaging in his habitual
work nor require
medical attendance.
3. By arresto menor in its
minimum period or a
fine not exceeding 50
pesos when the offender
shall ill-treat another by
deed without causing
any injury.
ARTICLE 266-B. PENALTIES
Rape under paragraph 1 of the
next preceding article shall be
punished by reclusion perpetua.
"Whenever the rape is
committed with the use of a
deadly weapon or by two or
 accomplished under any
of the following
circumstances:
(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 12 years of age or
demented.
ELEMENTS OF RAPE UNDER
PARAGRAPH 2:
1. That the offender
commits an act of sexual
assault;
2. That the act of sexual
assault is committed by
any of the following
means:
(a) By inserting his penis
into another person’s
mouth or anal orifice; or
(b) By inserting any
instrument or object into
the genital or anal orifice
of another person;
3. That the act of sexual
assault is accomplished
under any of the
following circumstances:
(a) By using force or
intimidation;
(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 12 years of age or
demented.
more persons, the penalty shall
be reclusion perpetua to death.
"When by reason or on the
occasion of the rape, the victim
has become insane, the penalty
shall become reclusion perpetua
to death.
"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.
"When by reason or on the
occasion ofthe rape, homicide is
committed, the penalty shall be
death.
"The death penalty shall also be
imposed if the crime of rape is
committed with any of the
following aggravating/qualifying
circumstances:
"l) When the victim is under
eighteen (18) years of age and
the offender is a parent,
ascendant, step-parent,
guardian, relative by
consanguinity or affinity within
the third civil degree, or the
common-law spouse of the
parent of the victim;
"2) When the victim is under the
custody of the police or military
authorities or any law
enforcement or penal
institution;
"3) 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;
"4) 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;

"5) When the victim is a child

below seven (7) years old;

"6) When the offender knows

that he is afflicted with the
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 victim;

"7) 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;

"8) When by reason or on the

occasion of the rape, the victim
has suffered permanent physical
mutilation or disability;

"9) When the offender knew of

the pregnancy of the offended
party at the time of the
commission of the crime; and

"10) When the offender knew of

the mental disability, emotional
disorder and/or physical
handicap of the offended party
at the time of the commission of
the crime.

"Rape under paragraph 2 of the

next preceding article shall be
punished by prision mayor.

"Whenever the rape is

committed with the use of a
deadly weapon or by two or
more persons, the penalty shall
be prision mayor to reclusion
 temporal.

"When by reason or on the

occasion of the rape, the victim
has become insane, the penalty
shall be reclusion temporal.

"When the rape is attempted

and a homicide is committed by
reason or on the occasion
thereof, the penalty shall be
reclusion temporal to reclusion
perpetua.

"When by reason or on the

occasion ofthe rape, homicide is
committed, the penalty shall be
reclusion perpetua.

"Reclusion temporal shall be

imposed if the rape is committed
with any of the ten aggravating/
qualifying circumstances
mentioned in this article.
ARTICLE 266-C
Effect of pardon The subsequent valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed.

"In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if the marriage is
void ab initio.
ARTICLE 266-D
Presumptions Any physical overt act manifesting resistance against the act of rape
in any degree from the offended party, or where the offended party
is so situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts punished
under Article 266-A."