(this is the truth!) Whenever the crime is accompanied by murder, homicide, physical injuries or rape. Article 196. Report this file. Chapter FourASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS. - The bond to keep the peace shall be required to cover such period of time as the court may determine. Article 331. Article 134-A. - In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. - When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed: 1. Fraudulent insolvency. Penalty for complex crimes. - Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional. It is very verbose though in a positive note it explains the article fully. Unjust interlocutory order. Bigamy. (As amended by R.A. 1790, approved June 21, 1957). By breaking any wall, roof, or floor or breaking any door or window. Article 222. 6. 2. Penalty to be imposed upon accessories of an attempted crime. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. - Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. Article 127. Penalty to be imposed upon principals of a frustrated crime. Search warrants maliciously obtained and abuse in the service of those legally obtained. 6. Just a moment while we sign you in to your Goodreads account. Weâd love your help. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in said articles. Article 90. Parricide. - 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 this Code. 9. Article 29. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. Penalty to be imposed upon principals of attempted crimes. - Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. - The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon: 1. 3. Revealing secrets with abuse of office. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS, Chapter OneCRIMES AGAINST NATIONAL SECURITY. - When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed: In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out. Alternative Circumstances; 3. When the guilty person be more than seventy years of age. - 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 another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. Officer breaking seal. Robbery in an uninhabited place and by a band. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. This year, we've all got more reason than usual to hunker down inside during the coldest months. 2. Section One. 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 put such missing funds or property to personal use. Second. Other frauds. Article 18. Prision correccional,
Accessories. The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court every four months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him. This is probably one of the most exhaustive books that you will read in law school. First enacted in 1930, it remains in effect today, despite several amendments thereto. - Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1. Importation, sale and possession of lottery tickets or advertisements. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. Article 110. Article 156. Crimes involving destruction. Article 183. Article 72 Preference in the payment of the civil liabilities. - If the property stolen be any property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the offender shall be punished by such higher penalty. - Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: 1. Article 104. Open disobedience. - Any person guilty of theft shall be punished by: 1. (As amended by R. A. Article 63. - The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. - The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. - Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or. Illegal use of uniforms or insignia. If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period. - The following are aggravating circumstances: 1. - The duration of the penalty of arresto mayor shall be from one month and one day to six months. Goodreads helps you keep track of books you want to read. ", BOOK ONEGENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES, DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE. - Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension. Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article. (Reinstated by E.O. Mutilation. Perpetual or temporary special disqualification,
Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. Exploitation of child labor. Extinction of Criminal Liability; 5. - The civil liability established in Articles 100, 101, 102, and 103 of this Code includes: 3. 2. - For the purpose of graduating the penalties which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed: 1. - Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. DLSCRIB - Free, Fast and Secure. Article 6. When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied. Abandonment of office or position. - The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles. Article 167. Welcome back. Circumstances which exempt from criminal liability. - The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. 3. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug. Article 70. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented. - The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution. Article 81. Section Two. Violation of parliamentary immunity. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and. Bond for good behavior. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. - Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Persons responsible. Article 224. Article 20. 5. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. 2. (As amended by R.A. 120 and B.P. Preliminary Article. Article 49. A private communication made by any person to another in the performance of any legal, moral or social duty; and. 4. Special time allowance for loyalty. 3. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. 960 and 969). Light coercions. Article 255. 3. 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 correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused. Article 58. 4. Slavery. Blg. 3815 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS (December 8, 1930) BOOK TWO CRIMES AND PENALTIES Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Chapter One CRIMES AGAINST NATIONAL SECURITY Section One. Article 280. Article 129. - The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules: First. Article 184. Case No. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and. Article 186. Article 348. - Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene. When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period. Article 8. - The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. Article 24. 2. 4. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS (December 8, 1930) Preliminary Article — This law shall be known as "The Revised Penal Code." Execution of deeds by means of violence or intimidation. - The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. - Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief. Evasion of service of sentence. May 1, 1980). Article 316. Resistance and disobedience to a person in authority or the agents of such person. Section One. - Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict. The penalty shall be 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 above-mentioned were present in the commission of the offense. Article 19. 3. - The penalty of reclusion temporal shall be from twelve years and one day to twenty years. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. Article 75. Article 353. The provisions contained in this article shall not be applicable: 1. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. 2. Application of its provisions. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. (c) 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 of any third person. Article 45. Any passenger train or motor vehicle in motion or vessel out of port. FELONIES CHAPTER 2. 871, approved May 29, 1985). Reclusion perpetua. - Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. Article 278. When and how penalties prescribe. Destierro. In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him. Article 218. 2. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. Article 358. 6. Article 339. Article 356. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. - The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines 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 who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; (3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. 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