BOOK TWO - CRIMES AND PENALTIES be, shall be punished as an accessory to

the crime of treason.

Title One
Article 117. Espionage. - The penalty of
CRIMES AGAINST NATIONAL SECURITY prision correccional shall be inflicted upon
AND THE LAW OF NATIONS any person who:

Chapter One 1. Without authority therefor, enters

CRIMES AGAINST NATIONAL SECURITY a warship, fort, or naval or military
establishment or reservation to
Section One. - Treason and espionage obtain any information, plans,
photographs, or other data of a
Article 114. Treason. - Any person who, confidential nature relative to the
owing allegiance to (the United States or) defense of the Philippine
the Government of the Philippine Islands, Archipelago; or
not being a foreigner, levies war against
them or adheres to their enemies, giving 2. Being in possession, by reason of
them aid or comfort within the Philippine the public office he holds, of the
Islands or elsewhere, shall be punished by articles, data, or information referred
reclusion temporal to death and shall pay a to in the preceding paragraph,
fine not to exceed P20,000 pesos. discloses their contents to a
representative of a foreign nation.
No person shall be convicted of treason
unless on the testimony of two witnesses The penalty next higher in degree shall be
at least to the same overt act or on imposed if the offender be a public officer
confession of the accused in open court. or employee.

Likewise, an alien, residing in the Philippine Section Two. - Provoking war and
Islands, who commits acts of treason as disloyalty in case of war
defined in paragraph 1 of this Article shall
be punished by prision mayor to death and Article 118. Inciting to war or giving
shall pay a fine not to exceed P20,000 motives for reprisals. - The penalty of
pesos. (As amended by E.O. No. 44, May reclusion temporal shall be imposed upon
31, 1945). any public officer or employee, and that of
prision mayor upon any private individual,
Article 115. Conspiracy and proposal to who, by unlawful or unauthorized acts
commit treason; Penalty. - The conspiracy provokes or gives occasion for a war
or proposal to commit the crime of treason involving or liable to involve the Philippine
shall be punished respectively, by prision Islands or exposes Filipino citizens to
mayor and a fine not exceeding P10,000 reprisals on their persons or property.
pesos, and prision correccional and a fine
not exceeding P5,000 pesos. Article 119. Violation of neutrality. - The
penalty of prision correccional shall be
Article 116. Misprision of treason. - Every inflicted upon anyone who, on the occasion
person owing allegiance to (the United of a war in which the Government is not
States) the Government of the Philippine involved, violates any regulation issued by
Islands, without being a foreigner, and competent authority for the purpose of
having knowledge of any conspiracy enforcing neutrality.
against them, conceals or does not
disclose and make known the same, as Article 120. Correspondence with hostile
soon as possible to the governor or fiscal of country. - Any person who in time of war,
the province, or the mayor or fiscal of the shall have correspondence with an enemy
city in which he resides, as the case may
country or territory occupied by enemy 1. Whenever they have seized a
troops shall be punished: vessel by boarding or firing upon the
same;
1. By prision correccional, if the
correspondence has been prohibited 2. Whenever the pirates have
by the Government; abandoned their victims without
means of saving themselves; or
2. By prision mayor, if such
correspondence be carried on in 3. Whenever the crime is
ciphers or conventional signs; and accompanied by murder, homicide,
physical injuries or rape.
3. By reclusion temporal, if notice or
information be given thereby which Title Two
might be useful to the enemy. If the
offender intended to aid the enemy CRIMES AGAINST THE FUNDAMENTAL
by giving such notice or information, LAWS OF THE STATE
he shall suffer the penalty of
reclusion temporal to death. Chapter One

Article 121. Flight to enemy country. - The ARBITRARY DETENTION OR

penalty of arresto mayor shall be inflicted EXPULSION, VIOLATION OF DWELLING,
upon any person who, owing allegiance to PROHIBITION, INTERRUPTION, AND
the Government, attempts to flee or go to DISSOLUTION OF PEACEFUL MEETINGS
an enemy country when prohibited by AND CRIMES AGAINST RELIGIOUS
competent authority. WORSHIP

Section Three. - Piracy and mutiny on the Section One. - Arbitrary detention and
high seas or in Philippine waters expulsion

Article 122. Piracy in general and mutiny Article 124. Arbitrary detention. - Any
on the high seas. - The penalty of reclusion public officer or employee who, without
temporal shall be inflicted upon any person legal grounds, detains a person, shall
who, on the high seas, shall attack or seize suffer;
a vessel or, not being a member of its
complement nor a passenger, shall seize 1. The penalty of arresto mayor in its
the whole or part of the cargo of said maximum period to prision
vessel, its equipment, or personal correccional in its minimum period, if
belongings of its complement or the detention has not exceeded
passengers. three days;

The same penalty shall be inflicted in case 2. The penalty of prision correccional
of mutiny on the high seas or in Philippine in its medium and maximum periods,
waters. if the detention has continued more
than three but not more than fifteen
Article 123. Qualified piracy. - The penalty days;
of reclusion temporal to death shall be
imposed upon those who commit any of 3. The penalty of prision mayor, if
the crimes referred to in the preceding the detention has continued for more
article, under any of the following than fifteen days but not more than
circumstances: six months; and
 4. That of reclusion temporal, if the Section Two. - Violation of domicile
detention shall have exceeded six
months. Article 128. Violation of domicile. - The
penalty of prision correccional in its
The commission of a crime, or violent minimum period shall be imposed upon
insanity or any other ailment requiring the any public officer or employee who, not
compulsory confinement of the patient in a being authorized by judicial order, shall
hospital, shall be considered legal grounds enter any dwelling against the will of the
for the detention of any person. owner thereof, search papers or other
effects found therein without the previous
Article 125. Delay in the delivery of consent of such owner, or having
detained persons to the proper judicial surreptitiously entered said dwelling, and
authorities. - The penalties provided in the being required to leave the premises, shall
next preceding article shall be imposed refuse to do so.
upon the public officer or employee who
shall detain any person for some legal If the offense be committed in the night-
ground and shall fail to deliver such person time, or if any papers or effects not
to the proper judicial authorities within the constituting evidence of a crime be not
period of; twelve (12) hours, for crimes or returned immediately after the search
offenses punishable by light penalties, or made by the offender, the penalty shall be
their equivalent; eighteen (18) hours, for prision correccional in its medium and
crimes or offenses punishable by maximum periods.
correctional penalties, or their equivalent
and thirty-six (36) hours, for crimes, or Article 129. Search warrants maliciously
offenses punishable by afflictive or capital obtained and abuse in the service of those
penalties, or their equivalent. In every legally obtained. - In addition to the liability
case, the person detained shall be attaching to the offender for the
informed of the cause of his detention and commission of any other offense, the
shall be allowed upon his request, to penalty of arresto mayor in its maximum
communicate and confer at any time with period to prision correccional in its
his attorney or counsel. (As amended by minimum period and a fine not exceeding
E.O. Nos. 59 and 272, Nov. 7, 1986 and July P1,000 pesos shall be imposed upon any
25, 1987, respectively). public officer or employee who shall
procure a search warrant without just
Article 126. Delaying release. - The cause, or, having legally procured the
penalties provided for in Article 124 shall same, shall exceed his authority or use
be imposed upon any public officer or unnecessary severity in executing the
employee who delays for the period of time same.
specified therein the performance of any
judicial or executive order for the release of Article 130. Searching domicile without
a prisoner or detention prisoner, or unduly witnesses. - The penalty of arresto mayor
delays the service of the notice of such in its medium and maximum periods shall
order to said prisoner or the proceedings be imposed upon a public officer or
upon any petition for the liberation of such employee who, in cases where a search is
person. proper, shall search the domicile, papers or
other belongings of any person, in the
Article 127. Expulsion. - The penalty of absence of the latter, any member of his
prision correccional shall be imposed upon family, or in their default, without the
any public officer or employee who, not presence of two witnesses residing in the
being thereunto authorized by law, shall same locality.
expel any person from the Philippine
Islands or shall compel such person to Section Three. - Prohibition, interruption
change his residence. and dissolution of peaceful meetings
Article 131. Prohibition, interruption and Chapter One
dissolution of peaceful meetings. - The REBELLION, SEDITION AND
penalty of prision correccional in its DISLOYALTY
minimum period shall be imposed upon
any public officer or employee who, Article 134. Rebellion or insurrection;
without legal ground, shall prohibit or How committed. - The crime of rebellion or
interrupt the holding of a peaceful insurrection is committed by rising publicly
meeting, or shall dissolve the same. and taking arms against the Government
for the purpose of removing from the
The same penalty shall be imposed upon a allegiance to said Government or its laws,
public officer or employee who shall hinder the territory of the Philippine Islands or any
any person from joining any lawful part thereof, of any body of land, naval or
association or from attending any of its other armed forces, depriving the Chief
meetings. Executive or the Legislature, wholly or
partially, of any of their powers or
The same penalty shall be imposed upon prerogatives. (As amended by R.A. 6968).
any public officer or employee who shall
prohibit or hinder any person from Article 134-A. Coup d'etat; How
addressing, either alone or together with committed. - The crime of coup d'etat is a
others, any petition to the authorities for swift attack accompanied by violence,
the correction of abuses or redress of intimidation, threat, strategy or stealth,
grievances. directed against duly constituted
authorities of the Republic of the
Section Four. - Crimes against religious Philippines, or any military camp or
worship installation, communications network,
public utilities or other facilities needed for
Article 132. Interruption of religious the exercise and continued possession of
worship. - The penalty of prision power, singly or simultaneously carried out
correccional in its minimum period shall be anywhere in the Philippines by any person
imposed upon any public officer or or persons, belonging to the military or
employee who shall prevent or disturb the police or holding any public office of
ceremonies or manifestations of any employment with or without civilian
religion. support or participation for the purpose of
seizing or diminishing state power. (As
If the crime shall have been committed amended by R.A. 6968).
with violence or threats, the penalty shall
be prision correccional in its medium and Article 135. Penalty for rebellion,
maximum periods. insurrection or coup d'etat. - Any person
who promotes, maintains, or heads
Article 133. Offending the religious rebellion or insurrection shall suffer the
feelings. - The penalty of arresto mayor in penalty of reclusion perpetua.
its maximum period to prision correccional
in its minimum period shall be imposed Any person merely participating or
upon anyone who, in a place devoted to executing the commands of others in a
religious worship or during the celebration rebellion shall suffer the penalty of
of any religious ceremony shall perform reclusion temporal.
acts notoriously offensive to the feelings of
the faithful. Any person who leads or in any manner
directs or commands others to undertake a
Title Three coup d'etat shall suffer the penalty of
reclusion perpetua.
CRIMES AGAINST PUBLIC ORDER
Any person in the government service who Article 138. Inciting a rebellion or
participates, or executes directions or insurrection. - The penalty of prision mayor
commands of others in undertaking a coup in its minimum period shall be imposed
d'etat shall suffer the penalty of prision upon any person who, without taking arms
mayor in its maximum period. or being in open hostility against the
Government, shall incite others to the
Any person not in the government service execution of any of the acts specified in
who participates, or in any manner article 134 of this Code, by means of
supports, finances, abets or aids in speeches, proclamations, writings,
undertaking a coup d'etat shall suffer the emblems, banners or other representations
penalty of reclusion temporal in its tending to the same end. (Reinstated by
maximum period. E.O. No. 187).

When the rebellion, insurrection, or coup Article 139. Sedition; How committed. -
d'etat shall be under the command of The crime of sedition is committed by
unknown leaders, any person who in fact persons who rise publicly and tumultuously
directed the others, spoke for them, signed in order to attain by force, intimidation, or
receipts and other documents issued in by other means outside of legal methods,
their name, as performed similar acts, on any of the following objects:
behalf or the rebels shall be deemed a
leader of such a rebellion, insurrection, or 1. To prevent the promulgation or
coup d'etat. (As amended by R.A. 6968, execution of any law or the holding
approved on October 24, 1990). of any popular election;

Article 136. Conspiracy and proposal to 2. To prevent the National

commit coup d'etat, rebellion or Government, or any provincial or
insurrection. - The conspiracy and proposal municipal government or any public
to commit coup d'etat shall be punished by officer thereof from freely exercising
prision mayor in minimum period and a its or his functions, or prevent the
fine which shall not exceed eight thousand execution of any administrative
pesos (P8,000.00). order;

The conspiracy and proposal to commit 3. To inflict any act of hate or

rebellion or insurrection shall be punished revenge upon the person or property
respectively, by prision correccional in its of any public officer or employee;
maximum period and a fine which shall not
exceed five thousand pesos (P5,000.00) 4. To commit, for any political or
and by prision correccional in its medium social end, any act of hate or
period and a fine not exceeding two revenge against private persons or
thousand pesos (P2,000.00). (As amended any social class; and
by R.A. 6968, approved October 24, 1990).
5. To despoil, for any political or
Article 137. Disloyalty of public officers or social end, any person, municipality
employees. - The penalty of prision or province, or the National
correccional in its minimum period shall be Government (or the Government of
imposed upon public officers or employees the United States), of all its property
who have failed to resist a rebellion by all or any part thereof.
the means in their power, or shall continue
to discharge the duties of their offices Article 140. Penalty for sedition. - The
under the control of the rebels or shall leader of a sedition shall suffer the penalty
accept appointment to office under them. of prision mayor in its minimum period and
(Reinstated by E.O. No. 187). a fine not exceeding 10,000 pesos.
Other persons participating therein shall bodies. - The penalty of prision correccional
suffer the penalty of prision correccional in or a fine ranging from 200 to 2,000 pesos,
its maximum period and a fine not or both, shall be imposed upon any person
exceeding 5,000 pesos. (Reinstated by E.O. who, by force or fraud, prevents the
No. 187). meeting of the National Assembly
(Congress of the Philippines) or of any of its
Article 141. Conspiracy to commit committees or subcommittees,
sedition. - Persons conspiring to commit constitutional commissions or committees
the crime of sedition shall be punished by or divisions thereof, or of any provincial
prision correccional in its medium period board or city or municipal council or board.
and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).
(Reinstated by E.O. No. 187).
Article 144. Disturbance of proceedings. -
Article 142. Inciting to sedition. - The The penalty of arresto mayor or a fine from
penalty of prision correccional in its 200 to 1,000 pesos shall be imposed upon
maximum period and a fine not exceeding any person who disturbs the meetings of
2,000 pesos shall be imposed upon any the National Assembly (Congress of the
person who, without taking any direct part Philippines) or of any of its committees or
in the crime of sedition, should incite subcommittees, constitutional
others to the accomplishment of any of the commissions or committees or divisions
acts which constitute sedition, by means of thereof, or of any provincial board or city or
speeches, proclamations, writings, municipal council or board, or in the
emblems, cartoons, banners, or other presence of any such bodies should behave
representations tending to the same end, in such manner as to interrupt its
or upon any person or persons who shall proceedings or to impair the respect due it.
utter seditious words or speeches, write, (Reinstated by E.O. No. 187).
publish, or circulate scurrilous libels
against the (Government of the United Section Two. - Violation of parliamentary
States or the Government of the immunity
Commonwealth of the Philippines) or any
of the duly constituted authorities thereof, Article 145. Violation of parliamentary
or which tend to disturb or obstruct any immunity. - The penalty of prision mayor
lawful officer in executing the functions of shall be imposed upon any person who
his office, or which tend to instigate others shall use force, intimidation, threats, or
to cabal and meet together for unlawful fraud to prevent any member of the
purposes, or which suggest or incite National Assembly (Congress of the
rebellious conspiracies or riots, or which Philippines) from attending the meetings of
lead or tend to stir up the people against the Assembly (Congress) or of any of its
the lawful authorities or to disturb the committees or subcommittees,
peace of the community, the safety and constitutional commissions or committees
order of the Government, or who shall or divisions thereof, from expressing his
knowingly conceal such evil practices. opinions or casting his vote; and the
(Reinstated by E.O. No. 187). penalty of prision correccional shall be
imposed upon any public officer or
Chapter Two employee who shall, while the Assembly
CRIMES AGAINST POPULAR (Congress) is in regular or special session,
REPRESENTATION arrest or search any member thereof,
except in case such member has
Section One. - Crimes against legislative committed a crime punishable under this
bodies and similar bodies Code by a penalty higher than prision
mayor.
Article 143. Act tending to prevent the
meeting of the Assembly and similar
Chapter Three Article 148. Direct assaults. - Any person
ILLEGAL ASSEMBLIES AND or persons who, without a public uprising,
ASSOCIATIONS shall employ force or intimidation for the
attainment of any of the purpose
Article 146. Illegal assemblies. - The enumerated in defining the crimes of
penalty of prision correccional in its rebellion and sedition, or shall attack,
maximum period to prision mayor in its employ force, or seriously intimidate or
medium period shall be imposed upon the resist any person in authority or any of his
organizers or leaders of any meeting agents, while engaged in the performance
attended by armed persons for the purpose of official duties, or on occasion of such
of committing any of the crimes punishable performance, shall suffer the penalty of
under this Code, or of any meeting in prision correccional in its medium and
which the audience is incited to the maximum periods and a fine not exceeding
commission of the crime of treason, P1,000 pesos, when the assault is
rebellion or insurrection, sedition or assault committed with a weapon or when the
upon a person in authority or his agents. offender is a public officer or employee, or
Persons merely present at such meeting when the offender lays hands upon a
shall suffer the penalty of arresto mayor, person in authority. If none of these
unless they are armed, in which case the circumstances be present, the penalty of
penalty shall be prision correccional. prision correccional in its minimum period
and a fine not exceeding P500 pesos shall
If any person present at the meeting be imposed.
carries an unlicensed firearm, it shall be
presumed that the purpose of said Article 149. Indirect assaults. - The
meeting, insofar as he is concerned, is to penalty of prision correccional in its
commit acts punishable under this Code, minimum and medium periods and a fine
and he shall be considered a leader or not exceeding P500 pesos shall be
organizer of the meeting within the imposed upon any person who shall make
purview of the preceding paragraph. use of force or intimidation upon any
person coming to the aid of the authorities
As used in this article, the word "meeting" or their agents on occasion of the
shall be understood to include a gathering commission of any of the crimes defined in
or group, whether in a fixed place or the next preceding article.
moving. (Reinstated by E.O. No. 187).
Article 150. Disobedience to summons
Article 147. Illegal associations. - The issued by the National Assembly, its
penalty of prision correccional in its committees or subcommittees, by the
minimum and medium periods and a fine Constitutional Commissions, its
not exceeding 1,000 pesos shall be committees, subcommittees or divisions. -
imposed upon the founders, directors, and The penalty of arresto mayor or a fine
presidents of associations totally or ranging from two hundred to one thousand
partially organized for the purpose of pesos, or both such fine and imprisonment
committing any of the crimes punishable shall be imposed upon any person who,
under this Code or for some purpose having been duly summoned to attend as a
contrary to public morals. Mere members witness before the National Assembly,
of said associations shall suffer the penalty (Congress), its special or standing
of arresto mayor. (Reinstated by E.O. No. committees and subcommittees, the
187). Constitutional Commissions and its
committees, subcommittees, or divisions,
Chapter Four or before any commission or committee
ASSAULT UPON, AND RESISTANCE AND chairman or member authorized to
DISOBEDIENCE TO, PERSONS IN summon witnesses, refuses, without legal
AUTHORITY AND THEIR AGENTS excuse, to obey such summons, or being
present before any such legislative or In applying the provisions of Articles 148
constitutional body or official, refuses to be and 151 of this Code, teachers, professors
sworn or placed under affirmation or to and persons charged with the supervision
answer any legal inquiry or to produce any of public or duly recognized private
books, papers, documents, or records in his schools, colleges and universities, and
possession, when required by them to do lawyers in the actual performance of their
so in the exercise of their functions. The professional duties or on the occasion of
same penalty shall be imposed upon any such performance, shall be deemed
person who shall restrain another from persons in authority. (As amended by PD
attending as a witness, or who shall induce No. 299, Sept. 19, 1973 and Batas
disobedience to a summon or refusal to be Pambansa Blg. 873, June 12, 1985).
sworn by any such body or official.
Chapter Five
Article 151. Resistance and disobedience PUBLIC DISORDERS
to a person in authority or the agents of
such person. - The penalty of arresto Article 153. Tumults and other
mayor and a fine not exceeding 500 pesos disturbance of public orders; Tumultuous
shall be imposed upon any person who not disturbance or interruption liable to cause
being included in the provisions of the disturbance. - The penalty of arresto
preceding articles shall resist or seriously mayor in its medium period to prision
disobey any person in authority, or the correccional in its minimum period and a
agents of such person, while engaged in fine not exceeding 1,000 pesos shall be
the performance of official duties. imposed upon any person who shall cause
any serious disturbance in a public place,
When the disobedience to an agent of a office, or establishment, or shall interrupt
person in authority is not of a serious or disturb public performances, functions
nature, the penalty of arresto menor or a or gatherings, or peaceful meetings, if the
fine ranging from 10 to P100 pesos shall be act is not included in the provisions of
imposed upon the offender. Articles 131 and 132.

Article 152. Persons in authority and The penalty next higher in degree shall be
agents of persons in authority; Who shall imposed upon persons causing any
be deemed as such. - In applying the disturbance or interruption of a tumultuous
provisions of the preceding and other character.
articles of this Code, any person directly
vested with jurisdiction, whether as an The disturbance or interruption shall be
individual or as a member of some court or deemed to be tumultuous if caused by
governmental corporation, board, or more than three persons who are armed or
commission, shall be deemed a person in provided with means of violence.
authority. A barrio captain and a barangay
chairman shall also be deemed a person in The penalty of arresto mayor shall be
authority. imposed upon any person who in any
meeting, association, or public place, shall
A person who, by direct provision of law or make any outcry tending to incite rebellion
by election or by appointment by or sedition or in such place shall display
competent authority, is charged with the placards or emblems which provoke a
maintenance of public order and the disturbance of the public order.
protection and security of life and property,
such as a barrio councilman, barrio The penalty of arresto menor and a fine
policeman and barangay leader and any not to exceed P200 pesos shall be imposed
person who comes to the aid of persons in upon these persons who in violation of the
authority, shall be deemed an agent of a provisions contained in the last clause of
person in authority.
Article 85, shall bury with pomp the body or other disorderly meeting offensive
of a person who has been legally executed. to another or prejudicial to public
tranquility;
Article 154. Unlawful use of means of
publication and unlawful utterances. - The 3. Any person who, while wandering
penalty of arresto mayor and a fine about at night or while engaged in
ranging from P200 to P1,000 pesos shall be any other nocturnal amusements,
imposed upon: shall disturb the public peace; or

1. Any person who by means of 4. Any person who, while intoxicated

printing, lithography, or any other or otherwise, shall cause any
means of publication shall publish or disturbance or scandal in public
cause to be published as news any places, provided that the
false news which may endanger the circumstances of the case shall not
public order, or cause damage to the make the provisions of Article 153
interest or credit of the State; applicable.

2. Any person who by the same Article 156. Delivery of prisoners from
means, or by words, utterances or jails. - The penalty of arresto mayor in its
speeches shall encourage maximum period of prision correccional in
disobedience to the law or to the its minimum period shall be imposed upon
constituted authorities or praise, any person who shall remove from any jail
justify, or extol any act punished by or penal establishment any person
law; confined therein or shall help the escape of
such person, by means of violence,
3. Any person who shall maliciously intimidation, or bribery. If other means are
publish or cause to be published any used, the penalty of arresto mayor shall be
official resolution or document imposed.
without proper authority, or before
they have been published officially; If the escape of the prisoner shall take
or place outside of said establishments by
taking the guards by surprise, the same
4. Any person who shall print, penalties shall be imposed in their
publish, or distribute or cause to be minimum period.
printed, published, or distributed
books, pamphlets, periodicals, or Chapter Six
leaflets which do not bear the real EVASION OF SERVICE OF SENTENCE
printer's name, or which are
classified as anonymous. Article 157. Evasion of service of
sentence. - The penalty of prision
Article 155. Alarms and scandals. - The correccional in its medium and maximum
penalty of arresto menor or a fine not periods shall be imposed upon any convict
exceeding P200 pesos shall be imposed who shall evade service of his sentence by
upon: escaping during the term of his
imprisonment by reason of final judgment.
1. Any person who within any town
or public place, shall discharge any However, if such evasion or escape shall
firearm, rocket, firecracker, or other have taken place by means of unlawful
explosives calculated to cause alarm entry, by breaking doors, windows, gates,
or danger; walls, roofs, or floors, or by using picklocks,
false keys, deceit, violence or intimidation,
2. Any person who shall instigate or or through connivance with other convicts
take an active part in any charivari or employees of the penal institution, the
penalty shall be prision correccional in its having been convicted by final judgment,
maximum period. before beginning to serve such sentence,
or while serving the same, shall be
Article 158. Evasion of service of punished by the maximum period of the
sentence on the occasion of disorder, penalty prescribed by law for the new
conflagrations, earthquakes, or other felony.
calamities. - A convict who shall evade the
service of his sentence, by leaving the Any convict of the class referred to in this
penal institution where he shall have been article, who is not a habitual criminal, shall
confined, on the occasion of disorder be pardoned at the age of seventy years if
resulting from a conflagration, earthquake, he shall have already served out his
explosion, or similar catastrophe, or during original sentence, or when he shall
a mutiny in which he has not participated, complete it after reaching the said age,
shall suffer an increase of one-fifth of the unless by reason of his conduct or other
time still remaining to be served under the circumstances he shall not be worthy of
original sentence, which in no case shall such clemency.
exceed six months, if he shall fail to give
himself up to the authorities within forty- Title Four
eight hours following the issuance of a
proclamation by the Chief Executive CRIMES AGAINST PUBLIC INTEREST
announcing the passing away of such
calamity. Chapter One
FORGERIES
Convicts who, under the circumstances
mentioned in the preceding paragraph, Section One. - Forging the seal of the
shall give themselves up to the authorities Government of the Philippine Islands, the
within the above mentioned period of 48 signature or stamp of the Chief Executive.
hours, shall be entitled to the deduction
provided in Article 98. Article 161. Counterfeiting the great seal
of the Government of the Philippine
Article 159. Other cases of evasion of Islands, forging the signature or stamp of
service of sentence. - The penalty of the Chief Executive. - The penalty of
prision correccional in its minimum period reclusion temporal shall be imposed upon
shall be imposed upon the convict who, any person who shall forge the Great Seal
having been granted conditional pardon by of the Government of the Philippine Islands
the Chief Executive, shall violate any of the or the signature or stamp of the Chief
conditions of such pardon. However, if the Executive.
penalty remitted by the granting of such
pardon be higher than six years, the Article 162. Using forged signature or
convict shall then suffer the unexpired counterfeit seal or stamp. - The penalty of
portion of his original sentence. prision mayor shall be imposed upon any
person who shall knowingly make use of
Chapter Seven the counterfeit seal or forged signature or
COMMISSION OF ANOTHER CRIME stamp mentioned in the preceding article.
DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS Section Two. - Counterfeiting Coins
OFFENSE
Article 163. Making and importing and
Article 160. Commission of another crime uttering false coins. - Any person who
during service of penalty imposed for makes, imports, or utters, false coins, in
another offense; Penalty. - Besides the connivance with counterfeiters, or
provisions of Rule 5 of Article 62, any importers, shall suffer:
person who shall commit a felony after
 1. Prision mayor in its minimum and forging or falsification of treasury or bank
medium periods and a fine not to notes or certificates or other obligations
exceed P10,000 pesos, if the and securities payable to bearer and the
counterfeited coin be silver coin of importation and uttering in connivance
the Philippines or coin of the Central with forgers or importers of such false or
Bank of the Philippines of ten forged obligations or notes, shall be
centavo denomination or above. punished as follows:

2. Prision correccional in its minimum 1. By reclusion temporal in its

and medium periods and a fine of minimum period and a fine not to
not to exceed P2,000 pesos, if the exceed P10,000 pesos, if the
counterfeited coins be any of the document which has been falsified,
minor coinage of the Philippines or of counterfeited, or altered, is an
the Central Bank of the Philippines obligations or security of the United
below ten-centavo denomination. States or of the Philippines Islands.

3. Prision correccional in its minimum The word "obligation or security of

period and a fine not to exceed the United States or of the Philippine
P1,000 pesos, if the counterfeited Islands" shall be held to mean all
coin be currency of a foreign country. bonds, certificates of indebtedness,
(As amended by R.A. No. 4202, national bank notes, fractional notes,
approved June 19, 1965). certificates of deposit, bills, checks,
or drafts for money, drawn by or
Article 164. Mutilation of coins; upon authorized officers of the
Importation and utterance of mutilated United States or of the Philippine
coins. - The penalty of prision correccional Islands, and other representatives of
in its minimum period and a fine not to value, of whatever denomination,
exceed P2,000 pesos shall be imposed which have been or may be issued
upon any person who shall mutilate coins under any act of the Congress of the
of the legal currency of the United States United States or of the Philippine
or of the Philippine Islands or import or Legislature.
utter mutilated current coins, or in
connivance with mutilators or importers. 2. By prision mayor in its maximum
period and a fine not to exceed
Article 165. Selling of false or mutilated P5,000 pesos, if the falsified or
coin, without connivance. - The person who altered document is a circulating
knowingly, although without the note issued by any banking
connivance mentioned in the preceding association duly authorized by law to
articles, shall possess false or mutilated issue the same.
coin with intent to utter the same, or shall
actually utter such coin, shall suffer a 3. By prision mayor in its medium
penalty lower by one degree than that period and a fine not to exceed
prescribed in said articles. P5,000 pesos, if the falsified or
counterfeited document was issued
Section Three. - Forging treasury or bank by a foreign government.
notes, obligations and securities; importing
and uttering false or forged notes, 4. By prision mayor in its minimum
obligations and securities. period and a fine not to exceed
P2,000 pesos, when the forged or
Article 166. Forging treasury or bank altered document is a circulating
notes on other documents payable to note or bill issued by a foreign bank
bearer; importing, and uttering such false duly authorized therefor.
or forged notes and documents. - The
Article 167. Counterfeiting, importing and House of the Legislature or any provincial
uttering instruments not payable to bearer. board or municipal council.
- Any person who shall forge, import or
utter, in connivance with the forgers or Article 171. Falsification by public officer,
importers, any instrument payable to order employee or notary or ecclesiastic
or other document of credit not payable to minister. - The penalty of prision mayor
bearer, shall suffer the penalties of prision and a fine not to exceed P5,000 pesos shall
correccional in its medium and maximum be imposed upon any public officer,
periods and a fine not exceeding P6,000 employee, or notary who, taking
pesos. advantage of his official position, shall
falsify a document by committing any of
Article 168. Illegal possession and use of the following acts:
false treasury or bank notes and other
instruments of credit. - Unless the act be 1. Counterfeiting or imitating any
one of those coming under the provisions handwriting, signature or rubric;
of any of the preceding articles, any person
who shall knowingly use or have in his 2. Causing it to appear that persons
possession, with intent to use any of the have participated in any act or
false or falsified instruments referred to in proceeding when they did not in fact
this section, shall suffer the penalty next so participate;
lower in degree than that prescribed in said
articles. 3. Attributing to persons who have
participated in an act or proceeding
Article 169. How forgery is committed. - statements other than those in fact
The forgery referred to in this section may made by them;
be committed by any of the following
means: 4. Making untruthful statements in a
narration of facts;
1. By giving to a treasury or bank
note or any instrument, payable to 5. Altering true dates;
bearer or order mentioned therein,
the appearance of a true genuine 6. Making any alteration or
document. intercalation in a genuine document
which changes its meaning;
2. By erasing, substituting,
counterfeiting or altering by any 7. Issuing in an authenticated form a
means the figures, letters, words or document purporting to be a copy of
signs contained therein. an original document when no such
original exists, or including in such a
Section Four. - Falsification of legislative, copy a statement contrary to, or
public, commercial, and privatedocuments, different from, that of the genuine
and wireless, telegraph, and telephone original; or
message.
8. Intercalating any instrument or
Article 170. Falsification of legislative note relative to the issuance thereof
documents. - The penalty of prision in a protocol, registry, or official
correccional in its maximum period and a book.
fine not exceeding P6,000 pesos shall be
imposed upon any person who, without The same penalty shall be imposed upon
proper authority therefor alters any bill, any ecclesiastical minister who shall
resolution, or ordinance enacted or commit any of the offenses enumerated in
approved or pending approval by either the preceding paragraphs of this article,
with respect to any record or document of
such character that its falsification may Section Five. - Falsification of medical
affect the civil status of persons. certificates, certificates of merit or services
and the like.
Article 172. Falsification by private
individual and use of falsified documents. - Article 174. False medical certificates,
The penalty of prision correccional in its false certificates of merits or service, etc. -
medium and maximum periods and a fine The penalties of arresto mayor in its
of not more than P5,000 pesos shall be maximum period to prision correccional in
imposed upon: its minimum period and a fine not to
exceed P1,000 pesos shall be imposed
1. Any private individual who shall upon:
commit any of the falsifications
enumerated in the next preceding 1. Any physician or surgeon who, in
article in any public or official connection, with the practice of his
document or letter of exchange or profession, shall issue a false
any other kind of commercial certificate; and
document; and
2. Any public officer who shall issue
2. Any person who, to the damage of a false certificate of merit of service,
a third party, or with the intent to good conduct or similar
cause such damage, shall in any circumstances.
private document commit any of the
acts of falsification enumerated in The penalty of arresto mayor shall be
the next preceding article. imposed upon any private person who shall
falsify a certificate falling within the classes
Any person who shall knowingly introduce mentioned in the two preceding
in evidence in any judicial proceeding or to subdivisions.
the damage of another or who, with the
intent to cause such damage, shall use any Article 175. Using false certificates. - The
of the false documents embraced in the penalty of arresto menor shall be imposed
next preceding article, or in any of the upon any one who shall knowingly use any
foregoing subdivisions of this article, shall of the false certificates mentioned in the
be punished by the penalty next lower in next preceding article.
degree.
Section Six. - Manufacturing, importing
Article 173. Falsification of wireless, and possession of instruments or
cable, telegraph and telephone messages, implements intended for the commission of
and use of said falsified messages. - The falsification.
penalty of prision correccional in its
medium and maximum periods shall be Article 176. Manufacturing and
imposed upon officer or employee of the possession of instruments or implements
Government or of any private corporation for falsification. - The penalty of prison
or concern engaged in the service of correctional in its medium and maximum
sending or receiving wireless, cable or periods and a fine not to exceed P10,000
telephone message who utters a fictitious pesos shall be imposed upon any person
wireless, telegraph or telephone message who shall make or introduce into the
of any system or falsifies the same. Philippine Islands any stamps, dies, marks,
or other instruments or implements
Any person who shall use such falsified intended to be used in the commission of
dispatch to the prejudice of a third party or the offenses of counterfeiting or
with the intent of cause such prejudice, falsification mentioned in the preceding
shall suffer the penalty next lower in sections of this Chapter. Any person who,
degree. with the intention of using them, shall have
in his possession any of the instruments or Article 180. False testimony against a
implements mentioned in the preceding defendant. - Any person who shall give
paragraphs, shall suffer the penalty next false testimony against the defendant in
lower in degree than that provided therein. any criminal case shall suffer:

Chapter Two 1. The penalty of reclusion temporal,

OTHER FALSITIES if the defendant in said case shall
have been sentenced to death;
Section One. - Usurpation of authority,
rank, title, and improper use of names, 2. The penalty of prision mayor, if
uniforms and insignia. the defendant shall have been
sentenced to reclusion temporal or
Article 177. Usurpation of authority or reclusion perpetua;
official functions. - Any person who shall
knowingly and falsely represent himself to 3. The penalty of prision
be an officer, agent or representative of correccional, if the defendant shall
any department or agency of the Philippine have been sentenced to any other
Government or of any foreign government, afflictive penalty; and
or who, under pretense of official position,
shall perform any act pertaining to any 4. The penalty of arresto mayor, if
person in authority or public officer of the the defendant shall have been
Philippine Government or any foreign sentenced to a correctional penalty
government, or any agency thereof, or a fine, or shall have been
without being lawfully entitled to do so, acquitted.
shall suffer the penalty of prision
correccional in its minimum and medium In cases provided in subdivisions 3 and 4 of
periods. this article the offender shall further suffer
a fine not to exceed 1,000 pesos.
Article 178. Using fictitious name and
concealing true name. - The penalty of Article 181. False testimony favorable to
arresto mayor and a fine not to exceed 500 the defendants. - Any person who shall
pesos shall be imposed upon any person give false testimony in favor of the
who shall publicly use a fictitious name for defendant in a criminal case, shall suffer
the purpose of concealing a crime, evading the penalties of arresto mayor in its
the execution of a judgment or causing maximum period to prision correccional in
damage. its minimum period a fine not to exceed
1,000 pesos, if the prosecution is for a
Any person who conceals his true name felony punishable by an afflictive penalty,
and other personal circumstances shall be and the penalty of arresto mayor in any
punished by arresto menor or a fine not to other case.
exceed 200 pesos.
Article 182. False testimony in civil cases.
Article 179. Illegal use of uniforms or - Any person found guilty of false
insignia. - The penalty of arresto mayor testimony in a civil case shall suffer the
shall be imposed upon any person who penalty of prision correccional in its
shall publicly and improperly make use of minimum period and a fine not to exceed
insignia, uniforms or dress pertaining to an 6,000 pesos, if the amount in controversy
office not held by such person or to a class shall exceed 5,000 pesos, and the penalty
of persons of which he is not a member. of arresto mayor in its maximum period to
prision correccional in its minimum period
Section Two. - False testimony and a fine not to exceed 1,000 pesos, if the
amount in controversy shall not exceed
said amount or cannot be estimated.
Article 183. False testimony in other or a fine ranging from 200 to 6,000 pesos,
cases and perjury in solemn affirmation. - or both, shall be imposed upon:
The penalty of arresto mayor in its
maximum period to prision correccional in 1. Any person who shall enter into
its minimum period shall be imposed upon any contract or agreement or shall
any person, who knowingly makes take part in any conspiracy or
untruthful statements and not being combination in the form of a trust or
included in the provisions of the next otherwise, in restraint of trade or
preceding articles, shall testify under oath, commerce or to prevent by artificial
or make an affidavit, upon any material means free competition in the
matter before a competent person market;
authorized to administer an oath in cases
in which the law so requires. 2. Any person who shall monopolize
any merchandise or object of trade
Any person who, in case of a solemn or commerce, or shall combine with
affirmation made in lieu of an oath, shall any other person or persons to
commit any of the falsehoods mentioned in monopolize and merchandise or
this and the three preceding articles of this object in order to alter the price
section, shall suffer the respective thereof by spreading false rumors or
penalties provided therein. making use of any other article to
restrain free competition in the
Article 184. Offering false testimony in market;
evidence. - Any person who shall knowingly
offer in evidence a false witness or 3. Any person who, being a
testimony in any judicial or official manufacturer, producer, or processor
proceeding, shall be punished as guilty of of any merchandise or object of
false testimony and shall suffer the commerce or an importer of any
respective penalties provided in this merchandise or object of commerce
section. from any foreign country, either as
principal or agent, wholesaler or
Chapter Three retailer, shall combine, conspire or
FRAUDS agree in any manner with any person
likewise engaged in the
Section One. - Machinations, monopolies manufacture, production, processing,
and combinations assembling or importation of such
merchandise or object of commerce
Article 185. Machinations in public or with any other persons not so
auctions. - Any person who shall solicit any similarly engaged for the purpose of
gift or promise as a consideration for making transactions prejudicial to
refraining from taking part in any public lawful commerce, or of increasing
auction, and any person who shall attempt the market price in any part of the
to cause bidders to stay away from an Philippines, of any such merchandise
auction by threats, gifts, promises, or any or object of commerce
other artifice, with intent to cause the manufactured, produced, processed,
reduction of the price of the thing assembled in or imported into the
auctioned, shall suffer the penalty of Philippines, or of any article in the
prision correccional in its minimum period manufacture of which such
and a fine ranging from 10 to 50 per manufactured, produced, or
centum of the value of the thing auctioned. imported merchandise or object of
commerce is used.
Article 186. Monopolies and combinations
in restraint of trade. - The penalty of If the offense mentioned in this article
prision correccional in its minimum period affects any food substance, motor fuel or
lubricants, or other articles of prime gold shall not be less by more than three
necessity, the penalty shall be that of one-thousandth than the fineness indicated
prision mayor in its maximum and medium by said stamp, brand, label, or mark.
periods it being sufficient for the imposition
thereof that the initial steps have been Article 188. Subsisting and altering trade-
taken toward carrying out the purposes of mark, trade-names, or service marks. - The
the combination. penalty of prision correccional in its
minimum period or a fine ranging from 50
Any property possessed under any contract to 2,000 pesos, or both, shall be imposed
or by any combination mentioned in the upon:
preceding paragraphs, and being the
subject thereof, shall be forfeited to the 1. Any person who shall substitute
Government of the Philippines. the trade name or trade-mark of
some other manufacturer or dealer
Whenever any of the offenses described or a colorable imitation thereof, for
above is committed by a corporation or the trademark of the real
association, the president and each one of manufacturer or dealer upon any
its agents or representatives in the article of commerce and shall sell
Philippines in case of a foreign corporation the same;
or association, who shall have knowingly
permitted or failed to prevent the 2. Any person who shall sell such
commission of such offense, shall be held articles of commerce or offer the
liable as principals thereof. same for sale, knowing that the
trade-name or trade- mark has been
Section Two. - Frauds in commerce and fraudulently used in such goods as
industry described in the preceding
subdivision;
Article 187. Importation and disposition
of falsely marked articles or merchandise 3. Any person who, in the sale or
made of gold, silver, or other precious advertising of his services, shall use
metals or their alloys. - The penalty of or substitute the service mark of
prision correccional or a fine ranging from some other person, or a colorable
200 to 1,000 pesos, or both, shall be imitation of such mark; or
imposed on any person who shall
knowingly import or sell or dispose of any 4. Any person who, knowing the
article or merchandise made of gold, silver, purpose for which the trade-name,
or other precious metals, or their alloys, trade-mark, or service mark of a
with stamps, brands, or marks which fail to person is to be used, prints,
indicate the actual fineness or quality of lithographs, or in any way
said metals or alloys. reproduces such trade-name, trade-
mark, or service mark, or a colorable
Any stamp, brand, label, or mark shall be imitation thereof, for another person,
deemed to fail to indicate the actual to enable that other person to
fineness of the article on which it is fraudulently use such trade-name,
engraved, printed, stamped, labeled or trade-mark, or service mark on his
attached, when the rest of the article own goods or in connection with the
shows that the quality or fineness thereof sale or advertising of his services.
is less by more than one-half karat, if made
of gold, and less by more than four one- A trade-name or trade-mark as herein used
thousandth, if made of silver, than what is is a word or words, name, title, symbol,
shown by said stamp, brand, label or mark. emblem, sign or device, or any
But in case of watch cases and flatware combination thereof used as an
made of gold, the actual fineness of such advertisement, sign, label, poster, or
otherwise, for the purpose of enabling the declarations orally or in writing or by
public to distinguish the business of the other fraudulent means shall procure
person who owns and uses said trade- from the patent office or from any
name or trade-mark. other office which may hereafter be
established by law for the purposes
A service mark as herein used is a mark the registration of a trade-name,
used in the sale or advertising of services trade-mark or service mark or of
to identify the services of one person and himself as the owner of such trade-
distinguish them from the services of name, trade-mark or service mark or
others and includes without limitation the an entry respecting a trade-name,
marks, names, symbols, titles, trade-mark or service mark.
designations, slogans, character names,
and distinctive features of radio or other Title Five
advertising.
CRIMES RELATIVE TO OPIUM AND
Article 189. Unfair competition, OTHER PROHIBITED DRUGS
fraudulent registration of trade-mark,
trade-name or service mark, fraudulent Article 190. Possession, preparation and
designation of origin, and false description. use of prohibited drugs and maintenance
- The penalty provided in the next of opium dens. - The penalty of arresto
proceeding article shall be imposed upon: mayor in its medium period to prision
correccional in its minimum period and a
1. Any person who, in unfair fine ranging from 300 to 1,000 pesos shall
competition and for the purposes of be imposed upon:
deceiving or defrauding another of
his legitimate trade or the public in 1. Anyone who unless lawfully
general, shall sell his goods giving authorized shall possess, prepare,
them the general appearance of administer, or otherwise use any
goods of another manufacturer or prohibited drug.
dealer, either as to the goods
themselves, or in the wrapping of "Prohibited drug," as used herein
the packages in which they are includes opium, cocaine, alpha and
contained or the device or words beta eucaine,
thereon or in any other features of
their appearance which would be Indian hemp, their derivatives, and
likely to induce the public to believe all preparations made from them or
that the goods offered are those of a any of them, and such other drugs,
manufacturer or dealer other than whether natural or synthetic, having
the actual manufacturer or dealer or physiological action as a narcotic
shall give other persons a chance or drug.
opportunity to do the same with a
like purpose. "Opium" embraces every kind, class,
and character of opium, whether
2. Any person who shall affix, apply, crude or prepared; the ashes on
annex or use in connection with any refuse of the same; narcotic
goods or services or any container or preparations thereof or therefrom;
containers for goods a false morphine or any alkaloid of opium,
designation of origin or any false preparation in which opium,
description or representation and morphine or any kind of opium, enter
shall sell such goods or services. as an ingredient, and also opium
leaves or wrappings of opium leaves,
3. Any person who by means of false whether prepared or not for their
or fraudulent representation or use.
 "Indian hemp" otherwise known as Article 193. Illegal possession of opium
marijuana, cannabis, Americana, pipe or other paraphernalia for the use of
hashish, bhang, guaza, churruz, and any prohibited drug. - The penalty of
ganjah embraces every kind, class arresto mayor and a fine not exceeding
and character of Indian hemp, 500 pesos shall be imposed upon any
whether dried or fresh, flowering or person who, not being authorized by law,
fruiting tops of the pistillate plant shall possess any opium pipe or other
cannabis satival, from which the paraphernalia for smoking, injecting,
resin has not been extracted, administering or using opium or any
including all other geographic prohibited drug.
varieties whether used as reefers,
resin, extract, tincture or in any The illegal possession of an opium pipe or
other form whatsoever. other paraphernalia for using any other
prohibited drug shall be prima facie
By narcotic drug is meant a drug evidence that its possessor has used said
that produces a condition of drug.
insensibility and melancholy dullness
of mind with delusions and may be Article 194. Prescribing opium
habit-forming. unnecessary for a patient. - The penalty of
prision correccional or a fine ranging from
2. Anyone who shall maintain a dive 300 to 10,000 pesos, or both shall be
or resort where any prohibited drug imposed upon any physician or dentist who
is used in any form, in violation of shall prescribe opium for any person whose
the law. physical condition does not require the use
of the same.
Article 191. Keeper, watchman and visitor
of opium den. - The penalty of arresto Title Six
mayor and a fine ranging from 100 to 300
pesos shall be imposed upon: CRIMES AGAINST PUBLIC MORALS

1. Anyone who shall act as a keeper Chapter One

or watchman of a dive or resort GAMBLING AND BETTING
where any prohibited drug is used in
any manner contrary to law; and Article 195. What acts are punishable in
gambling. - (a) The penalty of arresto
2. Any person who, not being mayor or a fine not exceeding two hundred
included in the provisions of the next pesos, and, in case of recidivism, the
preceding article, shall knowingly penalty of arresto mayor or a fine ranging
visit any dive or resort of the from two hundred or six thousand pesos,
character referred to above. shall be imposed upon:

Article 192. Importation and sale of 1. Any person other than those
prohibited drugs. - The penalty of prision referred to in subsections (b) and (c)
correccional in its medium and maximum who, in any manner shall directly, or
periods and a fine ranging from 300 to indirectly take part in any game of
10,000 pesos shall be imposed upon any monte, jueteng or any other form of
person who shall import or bring into the lottery, policy, banking, or
Philippine Islands any prohibited drug. percentage game, dog races, or any
other game of scheme the result of
The same penalty shall be imposed upon which depends wholly or chiefly
any person who shall unlawfully sell or upon chance or hazard; or wherein
deliver to another prohibited drug. wagers consisting of money, articles
of value or representative of value
 are made; or in the exploitation or lottery tickets or advertisements, or shall
use of any other mechanical sell or distribute the same without
invention or contrivance to connivance with the importer of the same,
determine by chance the loser or shall be punished by arresto menor, or a
winner of money or any object or fine not exceeding 200 pesos, or both, in
representative of value. the discretion of the court.

2. Any person who shall knowingly The possession of any lottery ticket or
permit any form of gambling referred advertisement shall be prima facie
to in the preceding subdivision to be evidence of an intent to sell, distribute or
carried on in any unhabited or use the same in the Philippine Islands.
uninhabited place of any building,
vessel or other means of Article 197. Betting in sports contests. -
transportation owned or controlled The penalty of arresto menor or a fine not
by him. If the place where gambling exceeding 200 pesos, or both, shall be
is carried on has the reputation of a imposed upon any person who shall bet
gambling place or that prohibited money or any object or article of value or
gambling is frequently carried on representative of value upon the result of
therein, the culprit shall be punished any boxing or other sports contests.
by the penalty provided for in this
article in its maximum period. Article 198. Illegal betting on horse race. -
The penalty of arresto menor or a fine not
(b) The penalty of prision correccional in its exceeding 200 pesos, or both, shall be
maximum degree shall be imposed upon imposed upon any person who except
the maintainer, conductor, or banker in a during the period allowed by law, shall be
game of jueteng or any similar game. on horse races. The penalty of arresto
mayor or a fine ranging from 200 to 2,000
(c) The penalty of prision correccional in its pesos, or both, shall be imposed upon any
medium degree shall be imposed upon any person who, under the same
person who shall, knowingly and without circumstances, shall maintain or employ a
lawful purpose, have in his possession and totalizer or other device or scheme for
lottery list, paper or other matter betting on horse races or realizing any
containing letters, figures, signs or symbols profit therefrom.
which pertain to or are in any manner used
in the game of jueteng or any similar game For the purposes of this article, any race
which has taken place or about to take held in the same day at the same place
place. shall be held punishable as a separate
offense, and if the same be committed by
Article 196. Importation, sale and any partnership, corporation or association,
possession of lottery tickets or the president and the directors or
advertisements. - The penalty of arresto managers thereof shall be deemed to be
mayor in its maximum period to prision principals in the offense if they have
correccional in its minimum period or a fine consented to or knowingly tolerated its
ranging from 200 to 2,000 pesos, or both, commission.
in the discretion of the court, shall be
imposed upon any person who shall import Article 199. Illegal cockfighting. - The
into the Philippine Islands from any foreign penalty of arresto menor or a fine not
place or port any lottery ticket or exceeding 200 pesos, or both, in the
advertisement or, in connivance with the discretion of the court, shall be imposed
importer, shall sell or distribute the same. upon:

Any person who shall knowingly and with 1. Any person who directly or
intent to use them, have in his possession indirectly participates in cockfights,
 by betting money or other valuable (3) offend any race or religion;
things, or who organizes cockfights (4) tend to abet traffic in and
at which bets are made, on a day use of prohibited drugs; and
other than those permitted by law. (5) are contrary to law, public
order, morals, and good
2. Any person who directly or customs, established policies,
indirectly participates in cockfights, lawful orders, decrees and
at a place other than a licensed edicts;
cockpit.
(3) Those who shall sell, give away
Chapter Two or exhibit films, prints, engravings,
OFFENSES AGAINST DECENCY AND sculpture or literature which are
GOOD CUSTOMS offensive to morals. (As amended by
PD Nos. 960 and 969).
Article 200. Grave scandal. - The
penalties of arresto mayor and public Article 202. Vagrants and prostitutes;
censure shall be imposed upon any person Penalty. - The following are vagrants:
who shall offend against decency or good
customs by any highly scandalous conduct 1. Any person having no apparent
not expressly falling within any other means of subsistence, who has the
article of this Code. physical ability to work and who
neglects to apply himself or herself
Article 201. Immoral doctrines, obscene to some lawful calling;
publications and exhibitions and indecent
shows. - The penalty of prision mayor or a 2. Any person found loitering about
fine ranging from six thousand to twelve public or semi-public buildings or
thousand pesos, or both such places or trampling or wandering
imprisonment and fine, shall be imposed about the country or the streets
upon: without visible means of support;

(1) Those who shall publicly expound 3. Any idle or dissolute person who
or proclaim doctrines openly ledges in houses of ill fame; ruffians
contrary to public morals; or pimps and those who habitually
associate with prostitutes;
(2) (a) the authors of obscene
literature, published with their 4. Any person who, not being
knowledge in any form; the editors included in the provisions of other
publishing such literature; and the articles of this Code, shall be found
owners/operators of the loitering in any inhabited or
establishment selling the same; uninhabited place belonging to
another without any lawful or
(b) Those who, in theaters, justifiable purpose;
fairs, cinematographs or any
other place, exhibit, indecent 5. Prostitutes.
or immoral plays, scenes, acts
or shows, whether live or in For the purposes of this article, women
film, which are prescribed by who, for money or profit, habitually indulge
virtue hereof, shall include in sexual intercourse or lascivious conduct,
those which (1) glorify are deemed to be prostitutes.
criminals or condone crimes;
(2) serve no other purpose but Any person found guilty of any of the
to satisfy the market for offenses covered by this articles shall be
violence, lust or pornography; punished by arresto menor or a fine not
exceeding 200 pesos, and in case of suffer the penalty of arresto mayor in its
recidivism, by arresto mayor in its medium minimum period and suspension; but if he
period to prision correccional in its shall have acted by reason of inexcusable
minimum period or a fine ranging from 200 negligence or ignorance and the
to 2,000 pesos, or both, in the discretion of interlocutory order or decree be manifestly
the court. unjust, the penalty shall be suspension.

Title Seven Article 207. Malicious delay in the

administration of justice. - The penalty of
CRIMES COMMITTED BY PUBLIC prision correccional in its minimum period
OFFICERS shall be imposed upon any judge guilty of
malicious delay in the administration of
Chapter One justice.
PRELIMINARY PROVISIONS
Article 208. Prosecution of offenses;
Article 203. Who are public officers. - For negligence and tolerance. - The penalty of
the purpose of applying the provisions of prision correccional in its minimum period
this and the preceding titles of this book, and suspension shall be imposed upon any
any person who, by direct provision of the public officer, or officer of the law, who, in
law, popular election or appointment by dereliction of the duties of his office, shall
competent authority, shall take part in the maliciously refrain from instituting
performance of public functions in the prosecution for the punishment of violators
Government of the Philippine Islands, of of the law, or shall tolerate the commission
shall perform in said Government or in any of offenses.
of its branches public duties as an
employee, agent or subordinate official, of Article 209. Betrayal of trust by an
any rank or class, shall be deemed to be a attorney or solicitor. - Revelation of secrets.
public officer. - In addition to the proper administrative
action, the penalty of prision correccional
Chapter Two in its minimum period, or a fine ranging
MALFEASANCE AND MISFEASANCE IN from 200 to 1,000 pesos, or both, shall be
OFFICE imposed upon any attorney-at-law or
solicitor ( procurador judicial) who, by any
Section One. - Dereliction of duty malicious breach of professional duty or of
inexcusable negligence or ignorance, shall
Article 204. Knowingly rendering unjust prejudice his client, or reveal any of the
judgment. - Any judge who shall knowingly secrets of the latter learned by him in his
render an unjust judgment in any case professional capacity.
submitted to him for decision, shall be
punished by prision mayor and perpetual The same penalty shall be imposed upon
absolute disqualification. an attorney-at-law or solicitor (procurador
judicial) who, having undertaken the
Article 205. Judgment rendered through defense of a client or having received
negligence. - Any judge who, by reason of confidential information from said client in
inexcusable negligence or ignorance shall a case, shall undertake the defense of the
render a manifestly unjust judgment in any opposing party in the same case, without
case submitted to him for decision shall be the consent of his first client.
punished by arresto mayor and temporary
special disqualification. Section Two. - Bribery

Article 206. Unjust interlocutory order. - Article 210. Direct bribery. - Any public
Any judge who shall knowingly render an officer who shall agree to perform an act
unjust interlocutory order or decree shall constituting a crime, in connection with the
performance of this official duties, in Batas Pambansa Blg. 871, approved May
consideration of any offer, promise, gift or 29, 1985).
present received by such officer, personally
or through the mediation of another, shall Article 211-A. Qualified bribery. - If any
suffer the penalty of prision mayor in its public officer is entrusted with law
medium and maximum periods and a fine enforcement and he refrains from arresting
of not less than the value of the gift and] or prosecuting an offender who has
not less than three times the value of the committed a crime punishable by reclusion
gift in addition to the penalty perpetua and/or death in consideration of
corresponding to the crime agreed upon, if any offer, promise, gift or present, he shall
the same shall have been committed. suffer the penalty for the offense which
was not prosecuted.
If the gift was accepted by the officer in
consideration of the execution of an act If it is the public officer who asks or
which does not constitute a crime, and the demands such gift or present, he shall
officer executed said act, he shall suffer suffer the penalty of death. (As added by
the same penalty provided in the Sec. 4, RA No. 7659).
preceding paragraph; and if said act shall
not have been accomplished, the officer Article 212. Corruption of public officials. -
shall suffer the penalties of prision The same penalties imposed upon the
correccional, in its medium period and a officer corrupted, except those of
fine of not less than twice the value of such disqualification and suspension, shall be
gift. imposed upon any person who shall have
made the offers or promises or given the
If the object for which the gift was received gifts or presents as described in the
or promised was to make the public officer preceding articles.
refrain from doing something which it was
his official duty to do, he shall suffer the Chapter Three
penalties of prision correccional in its FRAUDS AND ILLEGAL EXACTIONS AND
maximum period and a fine of not less TRANSACTIONS
than the value of the gift and not less than
three times the value of such gift. Article 213. Frauds against the public
treasury and similar offenses. - The penalty
In addition to the penalties provided in the of prision correccional in its medium period
preceding paragraphs, the culprit shall to prision mayor in its minimum period, or
suffer the penalty of special temporary a fine ranging from 200 to 10,000 pesos, or
disqualification. both, shall be imposed upon any public
officer who:
The provisions contained in the preceding
paragraphs shall be made applicable to 1. In his official capacity, in dealing
assessors, arbitrators, appraisal and claim with any person with regard to
commissioners, experts or any other furnishing supplies, the making of
persons performing public duties. (As contracts, or the adjustment or
amended by Batas Pambansa Blg. 871, settlement of accounts relating to
approved May 29, 1985). public property or funds, shall enter
into an agreement with any
Article 211. Indirect bribery. - The interested party or speculator or
penalties of prision correccional in its make use of any other scheme, to
medium and maximum periods, and public defraud the Government;
censure shall be imposed upon any public
officer who shall accept gifts offered to him 2. Being entrusted with the collection
by reason of his office. (As amended by of taxes, licenses, fees and other
 imposts, shall be guilty or any of the become interested in any contract or
following acts or omissions: business in which it is his official duty to
intervene.
(a) Demanding, directly, or
indirectly, the payment of This provisions is applicable to experts,
sums different from or larger arbitrators and private accountants who, in
than those authorized by law. like manner, shall take part in any contract
or transaction connected with the estate or
(b) Failing voluntarily to issue property in appraisal, distribution or
a receipt, as provided by law, adjudication of which they shall have
for any sum of money acted, and to the guardians and executors
collected by him officially. with respect to the property belonging to
their wards or estate.
(c) Collecting or receiving,
directly or indirectly, by way of Chapter Four
payment or otherwise things MALVERSATION OF PUBLIC FUNDS OR
or objects of a nature different PROPERTY
from that provided by law.
Article 217. Malversation of public funds
When the culprit is an officer or employee or property; Presumption of malversation. -
of the Bureau of Internal Revenue or the Any public officer who, by reason of the
Bureau of Customs, the provisions of the duties of his office, is accountable for
Administrative Code shall be applied. public funds or property, shall appropriate
the same or shall take or misappropriate or
Article 214. Other frauds. - In addition to shall consent, through abandonment or
the penalties prescribed in the provisions negligence, shall permit any other person
of Chapter Six, Title Ten, Book Two, of this to take such public funds, or property,
Code, the penalty of temporary special wholly or partially, or shall otherwise be
disqualification in its maximum period to guilty of the misappropriation or
perpetual special disqualification shall be malversation of such funds or property,
imposed upon any public officer who, shall suffer:
taking advantage of his official position,
shall commit any of the frauds or deceits 1. The penalty of prision correccional
enumerated in said provisions. in its medium and maximum periods,
if the amount involved in the
Article 215. Prohibited transactions. - The misappropriation or malversation
penalty of prision correccional in its does not exceed two hundred pesos.
maximum period or a fine ranging from
200 to 1,000 pesos, or both, shall be 2. The penalty of prision mayor in its
imposed upon any appointive public officer minimum and medium periods, if the
who, during his incumbency, shall directly amount involved is more than two
or indirectly become interested in any hundred pesos but does not exceed
transaction of exchange or speculation six thousand pesos.
within the territory subject to his
jurisdiction. 3. The penalty of prision mayor in its
maximum period to reclusion
Article 216. Possession of prohibited temporal in its minimum period, if
interest by a public officer. - The penalty of the amount involved is more than six
arresto mayor in its medium period to thousand pesos but is less than
prision correccional in its minimum period, twelve thousand pesos.
or a fine ranging from 200 to 1,000 pesos,
or both, shall be imposed upon a public 4. The penalty of reclusion temporal,
officer who directly or indirectly, shall in its medium and maximum periods,
 if the amount involved is more than suffer the penalty of prision correccional in
twelve thousand pesos but is less its minimum period or a fine ranging from
than twenty-two thousand pesos. If one-half to the total of the sum misapplied,
the amount exceeds the latter, the if by reason of such misapplication, any
penalty shall be reclusion temporal damages or embarrassment shall have
in its maximum period to reclusion resulted to the public service. In either
perpetua. case, the offender shall also suffer the
penalty of temporary special
In all cases, persons guilty of malversation disqualification.
shall also suffer the penalty of perpetual
special disqualification and a fine equal to If no damage or embarrassment to the
the amount of the funds malversed or public service has resulted, the penalty
equal to the total value of the property shall be a fine from 5 to 50 per cent of the
embezzled. sum misapplied.

The failure of a public officer to have duly Article 221. Failure to make delivery of
forthcoming any public funds or property public funds or property. - Any public
with which he is chargeable, upon demand officer under obligation to make payment
by any duly authorized officer, shall be from Government funds in his possession,
prima facie evidence that he has put such who shall fail to make such payment, shall
missing funds or property to personal use. be punished by arresto mayor and a fine
(As amended by RA 1060). from 5 to 25 per cent of the sum which he
failed to pay.
Article 218. Failure of accountable officer
to render accounts. - Any public officer, This provision shall apply to any public
whether in the service or separated officer who, being ordered by competent
therefrom by resignation or any other authority to deliver any property in his
cause, who is required by law or regulation custody or under his administration, shall
to render account to the Insular Auditor, or refuse to make such delivery.
to a provincial auditor and who fails to do
so for a period of two months after such The fine shall be graduated in such case by
accounts should be rendered, shall be the value of the thing, provided that it shall
punished by prision correccional in its not less than 50 pesos.
minimum period, or by a fine ranging from
200 to 6,000 pesos, or both. Article 222. Officers included in the
preceding provisions. - The provisions of
Article 219. Failure of a responsible this chapter shall apply to private
public officer to render accounts before individuals who in any capacity whatever,
leaving the country. - Any public officer have charge of any insular, provincial or
who unlawfully leaves or attempts to leave municipal funds, revenues, or property and
the Philippine Islands without securing a to any administrator or depository of funds
certificate from the Insular Auditor showing or property attached, seized or deposited
that his accounts have been finally settled, by public authority, even if such property
shall be punished by arresto mayor, or a belongs to a private individual.
fine ranging from 200 to 1,000 pesos or
both. Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Article 220. Illegal use of public funds or
property. - Any public officer who shall Section One. - Infidelity in the custody of
apply any public fund or property under his prisoners
administration to any public use other than
for which such fund or property were Article 223. Conniving with or consenting
appropriated by law or ordinance shall to evasion. - Any public officer who shall
consent to the escape of a prisoner in his been caused thereby to a third party
custody or charge, shall be punished: or to the public interest.

1. By prision correccional in its 2. The penalty of prision correccional

medium and maximum periods and in its minimum and medium period
temporary special disqualification in and a fine not exceeding 1,000
its maximum period to perpetual pesos, whenever the damage to a
special disqualification, if the fugitive third party or to the public interest
shall have been sentenced by final shall not have been serious.
judgment to any penalty.
In either case, the additional penalty of
2. By prision correccional in its temporary special disqualification in its
minimum period and temporary maximum period to perpetual
special disqualification, in case the disqualification shall be imposed.
fugitive shall not have been finally
convicted but only held as a Article 227. Officer breaking seal. - Any
detention prisoner for any crime or public officer charged with the custody of
violation of law or municipal papers or property sealed by proper
ordinance. authority, who shall break the seals or
permit them to be broken, shall suffer the
Article 224. Evasion through negligence. - penalties of prision correccional in its
If the evasion of the prisoner shall have minimum and medium periods, temporary
taken place through the negligence of the special disqualification and a fine not
officer charged with the conveyance or exceeding 2,000 pesos.
custody of the escaping prisoner, said
officer shall suffer the penalties of arresto Article 228. Opening of closed
mayor in its maximum period to prision documents. - Any public officer not
correccional in its minimum period and included in the provisions of the next
temporary special disqualification. preceding article who, without proper
authority, shall open or shall permit to be
Article 225. Escape of prisoner under the opened any closed papers, documents or
custody of a person not a public officer. - objects entrusted to his custody, shall
Any private person to whom the suffer the penalties or arresto mayor,
conveyance or custody or a prisoner or temporary special disqualification and a
person under arrest shall have been fine of not exceeding 2,000 pesos.
confided, who shall commit any of the
offenses mentioned in the two preceding Section Three. - Revelation of secrets
articles, shall suffer the penalty next lower
in degree than that prescribed for the Article 229. Revelation of secrets by an
public officer. officer. - Any public officer who shall reveal
any secret known to him by reason of his
Section Two. - Infidelity in the custody of official capacity, or shall wrongfully deliver
document papers or copies of papers of which he may
have charge and which should not be
Article 226. Removal, concealment or published, shall suffer the penalties of
destruction of documents. - Any public prision correccional in its medium and
officer who shall remove, destroy or maximum periods, perpetual special
conceal documents or papers officially disqualification and a fine not exceeding
entrusted to him, shall suffer: 2,000 pesos if the revelation of such
secrets or the delivery of such papers shall
1. The penalty of prision mayor and have caused serious damage to the public
a fine not exceeding 1,000 pesos, interest; otherwise, the penalties of prision
whenever serious damage shall have correccional in its minimum period,
temporary special disqualification and a otherwise, arresto mayor in its medium
fine not exceeding 50 pesos shall be and maximum periods and a fine not
imposed. exceeding 500 pesos shall be imposed.

Article 230. Public officer revealing Article 234. Refusal to discharge elective
secrets of private individual. - Any public office. - The penalty of arresto mayor or a
officer to whom the secrets of any private fine not exceeding 1,000 pesos, or both,
individual shall become known by reason of shall be imposed upon any person who,
his office who shall reveal such secrets, having been elected by popular election to
shall suffer the penalties of arresto mayor a public office, shall refuse without legal
and a fine not exceeding 1,000 pesos. motive to be sworn in or to discharge the
duties of said office.
Chapter Six
OTHER OFFENSES OR IRREGULARITIES Article 235. Maltreatment of prisoners. -
BY PUBLIC OFFICERS The penalty of arresto mayor in its medium
period to prision correccional in its
Article 231. Open disobedience. - Any minimum period, in addition to his liability
judicial or executive officer who shall for the physical injuries or damage caused,
openly refuse to execute the judgment, shall be imposed upon any public officer or
decision or order of any superior authority employee who shall overdo himself in the
made within the scope of the jurisdiction of correction or handling of a prisoner or
the latter and issued with all the legal detention prisoner under his charge, by the
formalities, shall suffer the penalties of imposition of punishment not authorized by
arresto mayor in its medium period to the regulations, or by inflicting such
prision correccional in its minimum period, punishment in a cruel and humiliating
temporary special disqualification in its manner.
maximum period and a fine not exceeding
1,000 pesos. If the purpose of the maltreatment is to
extort a confession, or to obtain some
Article 232. Disobedience to order of information from the prisoner, the offender
superior officers, when said order was shall be punished by prision correccional in
suspended by inferior officer. - Any public its minimum period, temporary special
officer who, having for any reason disqualification and a fine not exceeding
suspended the execution of the orders of 500 pesos, in addition to his liability for the
his superiors, shall disobey such superiors physical injuries or damage caused.
after the latter have disapproved the
suspension, shall suffer the penalties of Section Two. - Anticipation, prolongation
prision correccional in its minimum and and abandonment of the duties and
medium periods and perpetual special powers of public office.
disqualification.
Article 236. Anticipation of duties of a
Article 233. Refusal of assistance. - The public office. - Any person who shall
penalties of arresto mayor in its medium assume the performance of the duties and
period to prision correccional in its powers of any public officer or employment
minimum period, perpetual special without first being sworn in or having given
disqualification and a fine not exceeding the bond required by law, shall be
1,000 pesos, shall be imposed upon a suspended from such office or employment
public officer who, upon demand from until he shall have complied with the
competent authority, shall fail to lend his respective formalities and shall be fined
cooperation towards the administration of from 200 to 500 pesos.
justice or other public service, if such
failure shall result in serious damage to the Article 237. Prolonging performance of
public interest, or to a third party; duties and powers. - Any public officer shall
continue to exercise the duties and powers Article 241. Usurpation of judicial
of his office, employment or commission, functions. - The penalty of arresto mayor in
beyond the period provided by law, its medium period to prision correccional in
regulation or special provisions applicable its minimum period and shall be imposed
to the case, shall suffer the penalties of upon any officer of the executive branch of
prision correccional in its minimum period, the Government who shall assume judicial
special temporary disqualification in its powers or shall obstruct the execution of
minimum period and a fine not exceeding any order or decision rendered by any
500 pesos. judge within its jurisdiction.

Article 238. Abandonment of office or Article 242. Disobeying request for

position. - Any public officer who, before disqualification. - Any public officer who,
the acceptance of his resignation, shall before the question of jurisdiction is
abandon his office to the detriment of the decided, shall continue any proceeding
public service shall suffer the penalty of after having been lawfully required to
arresto mayor. refrain from so doing, shall be punished by
arresto mayor and a fine not exceeding
If such office shall have been abandoned in 500 pesos.
order to evade the discharge of the duties
of preventing, prosecuting or punishing any Article 243. Orders or requests by
of the crime falling within Title One, and executive officers to any judicial authority.
Chapter One of Title Three of Book Two of - Any executive officer who shall address
this Code, the offender shall be punished any order or suggestion to any judicial
by prision correccional in its minimum and authority with respect to any case or
medium periods, and by arresto mayor if business coming within the exclusive
the purpose of such abandonment is to jurisdiction of the courts of justice shall
evade the duty of preventing, prosecuting suffer the penalty of arresto mayor and a
or punishing any other crime. fine not exceeding 500 pesos.

Section Three. - Usurpation of powers Article 244. Unlawful appointments. - Any

and unlawful appointments public officer who shall knowingly
nominate or appoint to any public office
Article 239. Usurpation of legislative any person lacking the legal qualifications
powers. - The penalties of prision therefor, shall suffer the penalty of arresto
correccional in its minimum period, mayor and a fine not exceeding 1,000
temporary special disqualification and a pesos.
fine not exceeding 1,000 pesos, shall be
imposed upon any public officer who shall Section Four. - Abuses against chastity
encroach upon the powers of the
legislative branch of the Government, Article 245. Abuses against chastity;
either by making general rules or Penalties. - The penalties of prision
regulations beyond the scope of his correccional in its medium and maximum
authority, or by attempting to repeal a law periods and temporary special
or suspending the execution thereof. disqualification shall be imposed:

Article 240. Usurpation of executive 1. Upon any public officer who shall
functions. - Any judge who shall assume solicit or make immoral or indecent
any power pertaining to the executive advances to a woman interested in
authorities, or shall obstruct the latter in matters pending before such officer
the lawful exercise of their powers, shall for decision, or with respect to which
suffer the penalty of arresto mayor in its he is required to submit a report to
medium period to prision correccional in its or consult with a superior officer;
minimum period.
 2. Any warden or other public officer Any person who shall promote or facilitate
directly charged with the care and the prostitution of his wife or daughter, or
custody of prisoners or persons shall otherwise have consented to the
under arrest who shall solicit or infidelity of the other spouse shall not be
make immoral or indecent advances entitled to the benefits of this article.
to a woman under his custody.
Article 248. Murder. - Any person who, not
If the person solicited be the wife, falling within the provisions of Article 246
daughter, sister of relative within the same shall kill another, shall be guilty of murder
degree by affinity of any person in the and shall be punished by reclusion
custody of such warden or officer, the temporal in its maximum period to death, if
penalties shall be prision correccional in its committed with any of the following
minimum and medium periods and attendant circumstances:
temporary special disqualification.
1. With treachery, taking advantage
Title Eight of superior strength, with the aid of
armed men, or employing means to
CRIMES AGAINST PERSONS weaken the defense or of means or
persons to insure or afford impunity.
Chapter One
DESTRUCTION OF LIFE 2. In consideration of a price, reward,
or promise.
Section One. - Parricide, murder,
homicide 3. By means of inundation, fire,
poison, explosion, shipwreck,
Article 246. Parricide. - Any person who stranding of a vessel, derailment or
shall kill his father, mother, or child, assault upon a street car or
whether legitimate or illegitimate, or any of locomotive, fall of an airship, by
his ascendants, or descendants, or his means of motor vehicles, or with the
spouse, shall be guilty of parricide and use of any other means involving
shall be punished by the penalty of great waste and ruin.
reclusion perpetua to death.
4. On occasion of any of the
Article 247. Death or physical injuries calamities enumerated in the
inflicted under exceptional circumstances. preceding paragraph, or of an
- Any legally married person who having earthquake, eruption of a volcano,
surprised his spouse in the act of destructive cyclone, epidemic or
committing sexual intercourse with another other public calamity.
person, shall kill any of them or both of
them in the act or immediately thereafter, 5. With evident premeditation.
or shall inflict upon them any serious
physical injury, shall suffer the penalty of 6. With cruelty, by deliberately and
destierro. inhumanly augmenting the suffering
of the victim, or outraging or scoffing
If he shall inflict upon them physical at his person or corpse.
injuries of any other kind, he shall be
exempt from punishment. Article 249. Homicide. - Any person who,
not falling within the provisions of Article
These rules shall be applicable, under the 246, shall kill another without the
same circumstances, to parents with attendance of any of the circumstances
respect to their daughters under eighteen enumerated in the next preceding article,
years of age, and their seducer, while the shall be deemed guilty of homicide and be
daughters are living with their parents. punished by reclusion temporal.
Article 250. Penalty for frustrated all those who appear to have used any
parricide, murder or homicide. - The courts, violence upon the person of the offended
in view of the facts of the case, may party shall be punished by arresto mayor
impose upon the person guilty of the from five to fifteen days.
frustrated crime of parricide, murder or
homicide, defined and penalized in the Article 253. Giving assistance to suicide. -
preceding articles, a penalty lower by one Any person who shall assist another to
degree than that which should be imposed commit suicide shall suffer the penalty of
under the provision of Article 50. prision mayor; if such person leads his
assistance to another to the extent of
The courts, considering the facts of the doing the killing himself, he shall suffer the
case, may likewise reduce by one degree penalty of reclusion temporal.
the penalty which under Article 51 should
be imposed for an attempt to commit any However, if the suicide is not
of such crimes. consummated, the penalty of arresto
mayor in its medium and maximum
Article 251. Death caused in a periods, shall be imposed.
tumultuous affray. - When, while several
persons, not composing groups organized Article 254. Discharge of firearms. - Any
for the common purpose of assaulting and person who shall shoot at another with any
attacking each other reciprocally, quarrel firearm shall suffer the penalty of prision
and assault each other in a confused and correccional in its minimum and medium
tumultuous manner, and in the course of periods, unless the facts of the case are
the affray someone is killed, and it cannot such that the act can be held to constitute
be ascertained who actually killed the frustrated or attempted parricide, murder,
deceased, but the person or persons who homicide or any other crime for which a
inflicted serious physical injuries can be higher penalty is prescribed by any of the
identified, such person or persons shall be articles of this Code.
punished by prision mayor.
Section Two. - Infanticide and abortion.
If it cannot be determined who inflicted the
serious physical injuries on the deceased, Article 255. Infanticide. - The penalty
the penalty of prision correccional in its provided for parricide in Article 246 and for
medium and maximum periods shall be murder in Article 248 shall be imposed
imposed upon all those who shall have upon any person who shall kill any child
used violence upon the person of the less than three days of age.
victim.
If the crime penalized in this article be
Article 252. Physical injuries inflicted in a committed by the mother of the child for
tumultuous affray. - When in a tumultuous the purpose of concealing her dishonor,
affray as referred to in the preceding she shall suffer the penalty of prision
article, only serious physical injuries are correccional in its medium and maximum
inflicted upon the participants thereof and periods, and if said crime be committed for
the person responsible thereof cannot be the same purpose by the maternal
identified, all those who appear to have grandparents or either of them, the penalty
used violence upon the person of the shall be prision mayor.
offended party shall suffer the penalty next
lower in degree than that provided for the Article 256. Intentional abortion. - Any
physical injuries so inflicted. person who shall intentionally cause an
abortion shall suffer:
When the physical injuries inflicted are of a
less serious nature and the person
responsible therefor cannot be identified,
 1. The penalty of reclusion temporal, mayor and a fine not exceeding 1,000
if he shall use any violence upon the pesos.
person of the pregnant woman.
Section Three. - Duel
2. The penalty of prision mayor if,
without using violence, he shall act Article 260. Responsibility of participants
without the consent of the woman. in a duel. - The penalty of reclusion
temporal shall be imposed upon any
3. The penalty of prision correccional person who shall kill his adversary in a
in its medium and maximum periods, duel.
if the woman shall have consented.
If he shall inflict upon the latter physical
Article 257. Unintentional abortion. - The injuries only, he shall suffer the penalty
penalty of prision correccional in its provided therefor, according to their
minimum and medium period shall be nature.
imposed upon any person who shall cause
an abortion by violence, but In any other case, the combatants shall
unintentionally. suffer the penalty of arresto mayor,
although no physical injuries have been
Article 258. Abortion practiced by the inflicted.
woman herself of by her parents. - The
penalty of prision correccional in its The seconds shall in all events be punished
medium and maximum periods shall be as accomplices.
imposed upon a woman who shall practice
abortion upon herself or shall consent that Article 261. Challenging to a duel. - The
any other person should do so. penalty of prision correccional in its
minimum period shall be imposed upon
Any woman who shall commit this offense any person who shall challenge another, or
to conceal her dishonor, shall suffer the incite another to give or accept a challenge
penalty of prision correccional in its to a duel, or shall scoff at or decry another
minimum and medium periods. publicly for having refused to accept a
challenge to fight a duel.
If this crime be committed by the parents
of the pregnant woman or either of them, Chapter Two
and they act with the consent of said PHYSICAL INJURIES
woman for the purpose of concealing her
dishonor, the offenders shall suffer the Article 262. Mutilation. - The penalty of
penalty of prision correccional in its reclusion temporal to reclusion perpetua
medium and maximum periods. shall be imposed upon any person who
shall intentionally mutilate another by
Article 259. Abortion practiced by a depriving him, either totally or partially, or
physician or midwife and dispensing of some essential organ of reproduction.
abortives. - The penalties provided in
Article 256 shall be imposed in its Any other intentional mutilation shall be
maximum period, respectively, upon any punished by prision mayor in its medium
physician or midwife who, taking and maximum periods.
advantage of their scientific knowledge or
skill, shall cause an abortion or assist in Article 263. Serious physical injuries. -
causing the same. Any person who shall wound, beat, or
assault another, shall be guilty of the crime
Any pharmacist who, without the proper of serious physical injuries and shall suffer:
prescription from a physician, shall
dispense any abortive shall suffer arresto
 1. The penalty of prision mayor, if in maximum periods; and the case covered
consequence of the physical injuries by subdivision number 4 by prision
inflicted, the injured person shall correccional in its minimum and medium
become insane, imbecile, impotent, periods.
or blind;
The provisions of the preceding paragraph
2. The penalty of prision correccional shall not be applicable to a parent who
in its medium and maximum periods, shall inflict physical injuries upon his child
if in consequence of the physical by excessive chastisement.
injuries inflicted, the person injured
shall have lost the use of speech or Article 264. Administering injurious
the power to hear or to smell, or substances or beverages. - The penalties
shall have lost an eye, a hand, a established by the next preceding article
foot, an arm, or a leg or shall have shall be applicable in the respective case
lost the use of any such member, or to any person who, without intent to kill,
shall have become incapacitated for shall inflict upon another any serious,
the work in which he was therefor physical injury, by knowingly administering
habitually engaged; to him any injurious substance or
beverages or by taking advantage of his
3. The penalty of prision correccional weakness of mind or credulity.
in its minimum and medium periods,
if in consequence of the physical Article 265. Less serious physical injuries.
injuries inflicted, the person injured - Any person who shall inflict upon another
shall have become deformed, or physical injuries not described in the
shall have lost any other part of his preceding articles, but which shall
body, or shall have lost the use incapacitate the offended party for labor
thereof, or shall have been ill or for ten days or more, or shall require
incapacitated for the performance of medical assistance for the same period,
the work in which he as habitually shall be guilty of less serious physical
engaged for a period of more than injuries and shall suffer the penalty of
ninety days; arresto mayor.

4. The penalty of arresto mayor in its Whenever less serious physical injuries
maximum period to prision shall have been inflicted with the manifest
correccional in its minimum period, if intent to kill or offend the injured person,
the physical injuries inflicted shall or under circumstances adding ignominy to
have caused the illness or incapacity the offense in addition to the penalty of
for labor of the injured person for arresto mayor, a fine not exceeding 500
more than thirty days. pesos shall be imposed.

If the offense shall have been committed Any less serious physical injuries inflicted
against any of the persons enumerated in upon the offender's parents, ascendants,
Article 246, or with attendance of any of guardians, curators, teachers, or persons of
the circumstances mentioned in Article rank, or persons in authority, shall be
248, the case covered by subdivision punished by prision correccional in its
number 1 of this Article shall be punished minimum and medium periods, provided
by reclusion temporal in its medium and that, in the case of persons in authority,
maximum periods; the case covered by the deed does not constitute the crime of
subdivision number 2 by prision assault upon such person.
correccional in its maximum period to
prision mayor in its minimum period; the Article 266. Slight physical injuries and
case covered by subdivision number 3 by maltreatment. - The crime of slight
prision correccional in its medium and physical injuries shall be punished:
 1. By arresto menor when the 4. If the person kidnapped or
offender has inflicted physical detained shall be a minor, female or
injuries which shall incapacitate the a public officer.
offended party for labor from one to
nine days, or shall require medical The penalty shall be death where the
attendance during the same period. kidnapping or detention was committed for
the purpose of extorting ransom from the
2. By arresto menor or a fine not victim or any other person, even if none of
exceeding 20 pesos and censure the circumstances above-mentioned were
when the offender has caused present in the commission of the offense.
physical injuries which do not
prevent the offended party from Article 268. Slight illegal detention. - The
engaging in his habitual work nor penalty of reclusion temporal shall be
require medical assistance. imposed upon any private individual who
shall commit the crimes described in the
3. By arresto menor in its minimum next preceding article without the
period or a fine not exceeding 50 attendance of any of circumstances
pesos when the offender shall ill- enumerated therein.
treat another by deed without
causing any injury. The same penalty shall be incurred by
anyone who shall furnish the place for the
Title Nine perpetration of the crime.

CRIMES AGAINST PERSONAL LIBERTY If the offender shall voluntarily release the
AND SECURITY person so kidnapped or detained within
three days from the commencement of the
Chapter One detention, without having attained the
CRIMES AGAINST LIBERTY purpose intended, and before the
institution of criminal proceedings against
Section One. - Illegal Detention him, the penalty shall be prision mayor in
its minimum and medium periods and a
Article 267. Kidnapping and serious fine not exceeding seven hundred pesos.
illegal detention. - Any private individual
who shall kidnap or detain another, or in Article 269. Unlawful arrest. - The penalty
any other manner deprive him of his of arresto mayor and a fine not exceeding
liberty, shall suffer the penalty of reclusion 500 pesos shall be imposed upon any
perpetua to death: person who, in any case other than those
authorized by law, or without reasonable
1. If the kidnapping or detention ground therefor, shall arrest or detain
shall have lasted more than five another for the purpose of delivering him
days. to the proper authorities.

2. If it shall have been committed Section Two. - Kidnapping of minors

simulating public authority.
Article 270. Kidnapping and failure to
3. If any serious physical injuries return a minor. - The penalty of reclusion
shall have been inflicted upon the perpetua shall be imposed upon any
person kidnapped or detained; or if person who, being entrusted with the
threats to kill him shall have been custody of a minor person, shall
made. deliberately fail to restore the latter to his
parents or guardians.
Article 271. Inducing a minor to abandon Chapter Two
his home. - The penalty of prision CRIMES AGAINST SECURITY
correccional and a fine not exceeding
seven hundred pesos shall be imposed Section One. - Abandonment of helpless
upon anyone who shall induce a minor to persons and exploitation of minors.
abandon the home of his parent or
guardians or the persons entrusted with his Article 275. Abandonment of person in
custody. danger and abandonment of one's own
victim. - The penalty of arresto mayor shall
If the person committing any of the crimes be imposed upon:
covered by the two preceding articles shall
be the father or the mother of the minor, 1. Any one who shall fail to render
the penalty shall be arresto mayor or a fine assistance to any person whom he
not exceeding three hundred pesos, or shall find in an uninhabited place
both. wounded or in danger of dying, when
he can render such assistance
Section Three. - Slavery and Servitude without detriment to himself, unless
such omission shall constitute a
Article 272. Slavery. - The penalty of more serious offense.
prision mayor and a fine of not exceeding
10,000 pesos shall be imposed upon 2. Anyone who shall fail to help or
anyone who shall purchase, sell, kidnap or render assistance to another whom
detain a human being for the purpose of he has accidentally wounded or
enslaving him. injured.

If the crime be committed for the purpose 3. Anyone who, having found an
of assigning the offended party to some abandoned child under seven years
immoral traffic, the penalty shall be of age, shall fail to deliver said child
imposed in its maximum period. to the authorities or to his family, or
shall fail to take him to a safe place.
Article 273. Exploitation of child labor. -
The penalty of prision correccional in its Article 276. Abandoning a minor. - The
minimum and medium periods and a fine penalty of arresto mayor and a fine not
not exceeding 500 pesos shall be imposed exceeding 500 pesos shall be imposed
upon anyone who, under the pretext of upon any one who shall abandon a child
reimbursing himself of a debt incurred by under seven years of age, the custody of
an ascendant, guardian or person which is incumbent upon him.
entrusted with the custody of a minor,
shall, against the latter's will, retain him in When the death of the minor shall result
his service. from such abandonment, the culprit shall
be punished by prision correccional in its
Article 274. Services rendered under medium and maximum periods; but if the
compulsion in payment of debt. - The life of the minor shall have been in danger
penalty of arresto mayor in its maximum only, the penalty shall be prision
period to prision correccional in its correccional in its minimum and medium
minimum period shall be imposed upon periods.
any person who, in order to require or
enforce the payment of a debt, shall The provisions contained in the two
compel the debtor to work for him, against preceding paragraphs shall not prevent the
his will, as household servant or farm imposition of the penalty provided for the
laborer. act committed, when the same shall
constitute a more serious offense.
Article 277. Abandonment of minor by enumerated in paragraph 2 hereof,
person entrusted with his custody; or to any habitual vagrant or beggar.
indifference of parents. - The penalty of
arresto mayor and a fine not exceeding If the delivery shall have been made
500 pesos shall be imposed upon anyone in consideration of any price,
who, having charge of the rearing or compensation, or promise, the
education of a minor, shall deliver said penalty shall in every case be
minor to a public institution or other imposed in its maximum period.
persons, without the consent of the one
who entrusted such child to his care or in In either case, the guardian or
the absence of the latter, without the curator convicted shall also be
consent of the proper authorities. removed from office as guardian or
curator; and in the case of the
The same penalty shall be imposed upon parents of the child, they may be
the parents who shall neglect their children deprived, temporarily or perpetually,
by not giving them the education which in the discretion of the court, of their
their station in life require and financial parental authority.
conditions permit.
5. Any person who shall induce any
Article 278. Exploitation of minors. - The child under sixteen years of age to
penalty of prision correccional in its abandon the home of its ascendants,
minimum and medium periods and a fine guardians, curators, or teachers to
not exceeding 500 pesos shall be imposed follow any person engaged in any of
upon: the callings mentioned in paragraph
2 hereof, or to accompany any
1. Any person who shall cause any habitual vagrant or beggar.
boy or girl under sixteen years of
age to perform any dangerous feat Article 279. Additional penalties for other
of balancing, physical strength, or offenses. - The imposition of the penalties
contortion. prescribed in the preceding articles, shall
not prevent the imposition upon the same
2. Any person who, being an acrobat, person of the penalty provided for any
gymnast, rope-walker, diver, wild- other felonies defined and punished by this
animal tamer or circus manager or Code.
engaged in a similar calling, shall
employ in exhibitions of these kinds Section Two. - Trespass to dwelling
children under sixteen years of age
who are not his children or Article 280. Qualified trespass to
descendants. dwelling. - Any private person who shall
enter the dwelling of another against the
3. Any person engaged in any of the latter's will shall be punished by arresto
callings enumerated in the next mayor and a fine not exceeding 1,000
paragraph preceding who shall pesos.
employ any descendant of his under
twelve years of age in such If the offense be committed by means of
dangerous exhibitions. violence or intimidation, the penalty shall
be prision correccional in its medium and
4. Any ascendant, guardian, teacher maximum periods and a fine not exceeding
or person entrusted in any capacity 1,000 pesos.
with the care of a child under sixteen
years of age, who shall deliver such The provisions of this article shall not be
child gratuitously to any person applicable to any person who shall enter
following any of the callings another's dwelling for the purpose of
preventing some serious harm to himself, made in the manner expressed in
the occupants of the dwelling or a third subdivision 1 of the next preceding article,
person, nor shall it be applicable to any shall be punished by arresto mayor.
person who shall enter a dwelling for the
purpose of rendering some service to Article 284. Bond for good behavior. - In
humanity or justice, nor to anyone who all cases falling within the two next
shall enter cafes, taverns, inn and other preceding articles, the person making the
public houses, while the same are open. threats may also be required to give bail
not to molest the person threatened, or if
Article 281. Other forms of trespass. - The he shall fail to give such bail, he shall be
penalty of arresto menor or a fine not sentenced to destierro.
exceeding 200 pesos, or both, shall be
imposed upon any person who shall enter Article 285. Other light threats. - The
the closed premises or the fenced estate of penalty of arresto menor in its minimum
another, while either or them are period or a fine not exceeding 200 pesos
uninhabited, if the prohibition to enter be shall be imposed upon:
manifest and the trespasser has not
secured the permission of the owner or the 1. Any person who, without being
caretaker thereof. included in the provisions of the next
preceding article, shall threaten
Section Three. - Threats and Coercion another with a weapon or draw such
weapon in a quarrel, unless it be in
Article 282. Grave threats. - Any person lawful self-defense.
who shall threaten another with the
infliction upon the person, honor or 2. Any person who, in the heat of
property of the latter or of his family of any anger, shall orally threaten another
wrong amounting to a crime, shall suffer: with some harm not constituting a
crime, and who by subsequent acts
1. The penalty next lower in degree show that he did not persist in the
than that prescribed by law for the idea involved in his threat, provided
crime be threatened to commit, if that the circumstances of the offense
the offender shall have made the shall not bring it within the
threat demanding money or provisions of Article 282 of this Code.
imposing any other condition, even
though not unlawful, and said 3. Any person who shall orally
offender shall have attained his threaten to do another any harm not
purpose. If the offender shall not constituting a felony.
have attained his purpose, the
penalty lower by two degrees shall Article 286. Grave coercions. - The
be imposed. penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed
If the threat be made in writing or upon any person who, without authority of
through a middleman, the penalty law, shall, by means of violence, prevent
shall be imposed in its maximum another from doing something not
period. prohibited by law, or compel him to do
something against his will, whether it be
2. The penalty of arresto mayor and right or wrong.
a fine not exceeding 500 pesos, if
the threat shall not have been made If the coercion be committed for the
subject to a condition. purpose of compelling another to perform
any religious act or to prevent him from so
Article 283. Light threats. - Any threat to doing, the penalty next higher in degree
commit a wrong not constituting a crime, shall be imposed.
Article 287. Light coercions. - Any person Chapter Three
who, by means of violence, shall seize DISCOVERY AND REVELATION OF
anything belonging to his debtor for the SECRETS
purpose of applying the same to the
payment of the debt, shall suffer the Article 290. Discovering secrets through
penalty of arresto mayor in its minimum seizure of correspondence. - The penalty of
period and a fine equivalent to the value of prision correccional in its minimum and
the thing, but in no case less than 75 medium periods and a fine not exceeding
pesos. 500 pesos shall be imposed upon any
private individual who in order to discover
Any other coercions or unjust vexations the secrets of another, shall seize his
shall be punished by arresto menor or a papers or letters and reveal the contents
fine ranging from 5 pesos to 200 pesos, or thereof.
both.
If the offender shall not reveal such
Article 288. Other similar coercions; secrets, the penalty shall be arresto mayor
(Compulsory purchase of merchandise and and a fine not exceeding 500 pesos.
payment of wages by means of tokens.) -
The penalty of arresto mayor or a fine The provision shall not be applicable to
ranging from 200 to 500 pesos, or both, parents, guardians, or persons entrusted
shall be imposed upon any person, agent with the custody of minors with respect to
or officer, of any association or corporation the papers or letters of the children or
who shall force or compel, directly or minors placed under their care or study,
indirectly, or shall knowingly permit any nor to spouses with respect to the papers
laborer or employee employed by him or or letters of either of them.
by such firm or corporation to be forced or
compelled, to purchase merchandise or Article 291. Revealing secrets with abuse
commodities of any kind. of office. - The penalty of arresto mayor
and a fine not exceeding 500 pesos shall
The same penalties shall be imposed upon be imposed upon any manager, employee,
any person who shall pay the wages due a or servant who, in such capacity, shall
laborer or employee employed by him, by learn the secrets of his principal or master
means of tokens or objects other than the and shall reveal such secrets.
legal tender currency of the laborer or
employee. Article 292. Revelation of industrial
secrets. - The penalty of prision
Article 289. Formation, maintenance and correccional in its minimum and medium
prohibition of combination of capital or periods and a fine not exceeding 500 pesos
labor through violence or threats. - The shall be imposed upon the person in
penalty of arresto mayor and a fine not charge, employee or workman of any
exceeding 300 pesos shall be imposed manufacturing or industrial establishment
upon any person who, for the purpose of who, to the prejudice of the owner thereof,
organizing, maintaining or preventing shall reveal the secrets of the industry of
coalitions or capital or labor, strike of the latter.
laborers or lock-out of employees, shall
employ violence or threats in such a Title Ten
degree as to compel or force the laborers
or employers in the free and legal exercise CRIMES AGAINST PROPERTY
of their industry or work, if the act shall not
constitute a more serious offense in Chapter One
accordance with the provisions of this ROBBERY IN GENERAL
Code.
Article 293. Who are guilty of robbery. - commission of the crime, or when
Any person who, with intent to gain, shall the course of its execution, the
take any personal property belonging to offender shall have inflicted upon
another, by means of violence or any person not responsible for its
intimidation of any person, or using force commission any of the physical
upon anything shall be guilty of robbery. injuries covered by sub-divisions 3
and 4 of said Article 23.
Section One. - Robbery with violence or
intimidation of persons. 5. The penalty of prision correccional
in its maximum period to prision
Article 294. Robbery with violence mayor in its medium period in other
against or intimidation of persons; cases. (As amended by R. A. 18).
Penalties. - Any person guilty of robbery
with the use of violence against or Article 295. Robbery with physical
intimidation of any person shall suffer: injuries, committed in an uninhabited place
and by a band, or with the use of firearm
1. The penalty of reclusion perpetua on a street, road or alley. - If the offenses
to death, when by reason or on mentioned in subdivisions three, four, and
occasion of the robbery, the crime of five of the next preceding article shall have
homicide shall have been been committed in an uninhabited place or
committed. by a band, or by attacking a moving train,
street car, motor vehicle or airship, or by
2. The penalty of reclusion temporal entering the passenger's compartments in
in its medium period to reclusion a train or, in any manner, taking the
perpetua when the robbery shall passengers thereof by surprise in the
have been accompanied by rape or respective conveyances, or on a street,
intentional mutilation, or if by reason road, highway, or alley, and the
or on occasion of such robbery, any intimidation is made with the use of a
of the physical injuries penalized in firearm, the offender shall be punished by
subdivision 1 of Article 263 shall the maximum period of the proper
have been inflicted; Provided, penalties.
however, that when the robbery
accompanied with rape is committed In the same cases, the penalty next higher
with a use of a deadly weapon or by in degree shall be imposed upon the leader
two or more persons, the penalty of the band.
shall be reclusion perpetua to death
(As amended by PD No. 767). Article 296. Definition of a band and
penalty incurred by the members thereof. -
3. The penalty of reclusion temporal, When more than three armed malefactors
when by reason or on occasion of the take part in the commission of a robbery, it
robbery, any of the physical injuries shall be deemed to have been committed
penalized in subdivision 2 of the by a band. When any of the arms used in
article mentioned in the next the commission of the offense be an
preceding paragraph, shall have unlicensed firearm, the penalty to be
been inflicted. imposed upon all the malefactors shall be
the maximum of the corresponding penalty
4. The penalty of prision mayor in its provided by law, without prejudice of the
maximum period to reclusion criminal liability for illegal possession of
temporal in its medium period, if the such unlicensed firearms.
violence or intimidation employed in
the commission of the robbery shall Any member of a band who is present at
have been carried to a degree the commission of a robbery by the band,
clearly unnecessary for the shall be punished as principal of any of the
assaults committed by the band, unless it 3. By using false keys,
be shown that he attempted to prevent the picklocks or similar tools.
same.
4. By using any fictitious name
Article 297. Attempted and frustrated or pretending the exercise of
robbery committed under certain public authority.
circumstances. - When by reason or on
occasion of an attempted or frustrated Or if -
robbery a homicide is committed, the
person guilty of such offenses shall be (b) The robbery be committed under
punished by reclusion temporal in its any of the following circumstances:
maximum period to reclusion perpetua,
unless the homicide committed shall 1. By the breaking of doors,
deserve a higher penalty under the wardrobes, chests, or any
provisions of this Code. other kind of locked or sealed
furniture or receptacle;
Article 298. Execution of deeds by means
of violence or intimidation. - Any person 2. By taking such furniture or
who, with intent to defraud another, by objects to be broken or forced
means of violence or intimidation, shall open outside the place of the
compel him to sign, execute or deliver any robbery.
public instrument or documents, shall be
held guilty of robbery and punished by the When the offenders do not carry arms, and
penalties respectively prescribed in this the value of the property taken exceeds
Chapter. 250 pesos, the penalty next lower in
degree shall be imposed.
Section Two. - Robbery by the use of
force upon things The same rule shall be applied when the
offenders are armed, but the value of the
Article 299. Robbery in an inhabited property taken does not exceed 250 pesos.
house or public building or edifice devoted
to worship. - Any armed person who shall When said offenders do not carry arms and
commit robbery in an inhabited house or the value of the property taken does not
public building or edifice devoted to exceed 250 pesos, they shall suffer the
religious worship, shall be punished by penalty prescribed in the two next
reclusion temporal, if the value of the preceding paragraphs, in its minimum
property taken shall exceed 250 pesos, and period.
if:
If the robbery be committed in one of the
(a) The malefactors shall enter the dependencies of an inhabited house, public
house or building in which the building, or building dedicated to religious
robbery was worship, the penalties next lower in degree
than those prescribed in this article shall
committed, by any of the following be imposed.
means:
Article 300. Robbery in an uninhabited
1. Through a opening not place and by a band. - The robbery
intended for entrance or mentioned in the next preceding article, if
egress. committed in an uninhabited place and by
a band, shall be punished by the maximum
2. By breaking any wall, roof, period of the penalty provided therefor.
or floor or breaking any door
or window.
Article 301. What is an inhabited house, 4. If any dorm, wardrobe, chest or by
public building or building dedicated to sealed or closed furniture or
religious worship and their dependencies. - receptacle has been broken.
Inhabited house means any shelter, ship or
vessel constituting the dwelling of one or 5. If any closed or sealed receptacle,
more persons, even though the inhabitants as mentioned in the preceding
thereof shall temporarily be absent paragraph, has been removed even
therefrom when the robbery is committed. if the same to broken open
elsewhere.
All interior courts, corrals, waterhouses,
granaries, barns, coach-houses, stables or When the value of the property takes does
other departments or inclosed places not exceed 250 pesos, the penalty next
contiguous to the building or edifice, lower in degree shall be imposed.
having an interior entrance connected
therewith, and which form part of the In the cases specified in Articles 294, 295,
whole, shall be deemed dependencies of 297, 299, 300, and 302 of this Code, when
an inhabited house, public building or the property taken is mail matter or large
building dedicated to religious worship. cattle, the offender shall suffer the
penalties next higher in degree than those
Orchards and other lands used for provided in said articles.
cultivation or production are not included
in the terms of the next preceding Article 303. Robbery of cereals, fruits, or
paragraph, even if closed, contiguous to firewood in an uninhabited place or private
the building and having direct connection building. - In the cases enumerated in
therewith. Articles 299 and 302, when the robbery
consists in the taking of cereals, fruits, or
The term "public building" includes every firewood, the culprit shall suffer the
building owned by the Government or penalty next lower in degree than that
belonging to a private person not included prescribed in said articles.
used or rented by the Government,
although temporarily unoccupied by the Article 304. Possession of picklocks or
same. similar tools. - Any person who shall
without lawful cause have in his possession
Article 302. Robbery is an uninhabited picklocks or similar tools especially
place or in a private building. - Any robbery adopted to the commission of the crime of
committed in an uninhabited place or in a robbery, shall be punished by arresto
building other than those mentioned in the mayor in its maximum period to prision
first paragraph of Article 299, if the value correccional in its minimum period.
of the property taken exceeds 250 pesos,
shall be punished by prision correccional if The same penalty shall be imposed upon
any of the following circumstances is any person who shall make such tools. If
present: the offender be a locksmith, he shall suffer
the penalty of prision correccional in its
1. If the entrance has been effected medium and maximum periods.
through any opening not intended
for entrance or egress. Article 305. False keys. - The term "false
keys" shall be deemed to include:
2. If any wall, roof, flour or outside
door or window has been broken. 1. The tools mentioned in the next
preceding articles.
3. If the entrance has been effected
through the use of false keys, 2. Genuine keys stolen from the
picklocks or other similar tools. owner.
 3. Any keys other than those Chapter Three
intended by the owner for use in the THEFT
lock forcibly opened by the offender.
Article 308. Who are liable for theft. -
Chapter Two Theft is committed by any person who,
BRIGANDAGE with intent to gain but without violence
against or intimidation of persons nor force
Article 306. Who are brigands; Penalty. - upon things, shall take personal property of
When more than three armed persons form another without the latter's consent.
a band of robbers for the purpose of
committing robbery in the highway, or Theft is likewise committed by:
kidnapping persons for the purpose of
extortion or to obtain ransom or for any 1. Any person who, having found lost
other purpose to be attained by means of property, shall fail to deliver the
force and violence, they shall be deemed same to the local authorities or to its
highway robbers or brigands. owner;

Persons found guilty of this offense shall be 2. Any person who, after having
punished by prision mayor in its medium maliciously damaged the property of
period to reclusion temporal in its another, shall remove or make use of
minimum period if the act or acts the fruits or object of the damage
committed by them are not punishable by caused by him; and
higher penalties, in which case, they shall
suffer such high penalties. 3. Any person who shall enter an
inclosed estate or a field where
If any of the arms carried by any of said trespass is forbidden or which
persons be an unlicensed firearms, it shall belongs to another and without the
be presumed that said persons are consent of its owner, shall hunt or
highway robbers or brigands, and in case fish upon the same or shall gather
of convictions the penalty shall be imposed cereals, or other forest or farm
in the maximum period. products.

Article 307. Aiding and abetting a band of Article 309. Penalties. - Any person guilty
brigands. - Any person knowingly and in of theft shall be punished by:
any manner aiding, abetting or protecting
a band of brigands as described in the next 1. The penalty of prision mayor in its
preceding article, or giving them minimum and medium periods, if the
information of the movements of the police value of the thing stolen is more
or other peace officers of the Government than 12,000 pesos but does not
(or of the forces of the United States exceed 22,000 pesos, but if the
Army), when the latter are acting in aid of value of the thing stolen exceeds the
the Government, or acquiring or receiving latter amount the penalty shall be
the property taken by such brigands shall the maximum period of the one
be punished by prision correccional in its prescribed in this paragraph, and
medium period to prision mayor in its one year for each additional ten
minimum period. thousand pesos, but the total of the
penalty which may be imposed shall
It shall be presumed that the person not exceed twenty years. In such
performing any of the acts provided in this cases, and in connection with the
article has performed them knowingly, accessory penalties which may be
unless the contrary is proven. imposed and for the purpose of the
other provisions of this Code, the
penalty shall be termed prision
 mayor or reclusion temporal, as the article, if committed by a domestic servant,
case may be. or with grave abuse of confidence, or if the
property stolen is motor vehicle, mail
2. The penalty of prision correccional matter or large cattle or consists of
in its medium and maximum periods, coconuts taken from the premises of the
if the value of the thing stolen is plantation or fish taken from a fishpond or
more than 6,000 pesos but does not fishery, or if property is taken on the
exceed 12,000 pesos. occasion of fire, earthquake, typhoon,
volcanic erruption, or any other calamity,
3. The penalty of prision correccional vehicular accident or civil disturbance. (As
in its minimum and medium periods, amended by R.A. 120 and B.P. Blg. 71. May
if the value of the property stolen is 1, 1980).
more than 200 pesos but does not
exceed 6,000 pesos. Article 311. Theft of the property of the
National Library and National Museum. - If
4. Arresto mayor in its medium the property stolen be any property of the
period to prision correccional in its National Library or the National Museum,
minimum period, if the value of the the penalty shall be arresto mayor or a fine
property stolen is over 50 pesos but ranging from 200 to 500 pesos, or both,
does not exceed 200 pesos. unless a higher penalty should be provided
under other provisions of this Code, in
5. Arresto mayor to its full extent, if which case, the offender shall be punished
such value is over 5 pesos but does by such higher penalty.
not exceed 50 pesos.
Chapter Four
6. Arresto mayor in its minimum and USURPATION
medium periods, if such value does
not exceed 5 pesos. Article 312. Occupation of real property
or usurpation of real rights in property. -
7. Arresto menor or a fine not Any person who, by means of violence
exceeding 200 pesos, if the theft is against or intimidation of persons, shall
committed under the circumstances take possession of any real property or
enumerated in paragraph 3 of the shall usurp any real rights in property
next preceding article and the value belonging to another, in addition to the
of the thing stolen does not exceed 5 penalty incurred for the acts of violence
pesos. If such value exceeds said executed by him, shall be punished by a
amount, the provision of any of the fine from 50 to 100 per centum of the gain
five preceding subdivisions shall be which he shall have obtained, but not less
made applicable. than 75 pesos.

8. Arresto menor in its minimum If the value of the gain cannot be

period or a fine not exceeding 50 ascertained, a fine of from 200 to 500
pesos, when the value of the thing pesos shall be imposed.
stolen is not over 5 pesos, and the
offender shall have acted under the Article 313. Altering boundaries or
impulse of hunger, poverty, or the landmarks. - Any person who shall alter the
difficulty of earning a livelihood for boundary marks or monuments of towns,
the support of himself or his family. provinces, or estates, or any other marks
intended to designate the boundaries of
Article 310. Qualified theft. - The crime of the same, shall be punished by arresto
theft shall be punished by the penalties menor or a fine not exceeding 100 pesos,
next higher by two degrees than those or both.
respectively specified in the next preceding
Chapter Five 1. With unfaithfulness or abuse of
CULPABLE INSOLVENCY confidence, namely:

Article 314. Fraudulent insolvency. - Any (a) By altering the substance,

person who shall abscond with his property quantity, or quality or anything
to the prejudice of his creditors, shall suffer of value which the offender
the penalty of prision mayor, if he be a shall deliver by virtue of an
merchant and the penalty of prision obligation to do so, even
correccional in its maximum period to though such obligation be
prision mayor in its medium period, if he based on an immoral or illegal
be not a merchant. consideration.

Chapter Six (b) By misappropriating or

SWINDLING AND OTHER DECEITS converting, to the prejudice of
another, money, goods, or any
Article 315. Swindling (estafa). - Any other personal property
person who shall defraud another by any of received by the offender in
the means mentioned hereinbelow shall be trust or on commission, or for
punished by: administration, or under any
other obligation involving the
1st. The penalty of prision correccional in duty to make delivery of or to
its maximum period to prision mayor in its return the same, even though
minimum period, if the amount of the fraud such obligation be totally or
is over 12,000 pesos but does not exceed partially guaranteed by a
22,000 pesos, and if such amount exceeds bond; or by denying having
the latter sum, the penalty provided in this received such money, goods,
paragraph shall be imposed in its or other property.
maximum period, adding one year for each
additional 10,000 pesos; but the total (c) By taking undue advantage
penalty which may be imposed shall not of the signature of the
exceed twenty years. In such cases, and in offended party in blank, and
connection with the accessory penalties by writing any document
which may be imposed under the above such signature in blank,
provisions of this Code, the penalty shall be to the prejudice of the
termed prision mayor or reclusion offended party or of any third
temporal, as the case may be. person.

2nd. The penalty of prision correccional in 2. By means of any of the following

its minimum and medium periods, if the false pretenses or fraudulent acts
amount of the fraud is over 6,000 pesos executed prior to or simultaneously
but does not exceed 12,000 pesos; with the commission of the fraud:

3rd. The penalty of arresto mayor in its (a) By using fictitious name, or
maximum period to prision correccional in falsely pretending to possess
its minimum period if such amount is over power, influence,
200 pesos but does not exceed 6,000 qualifications, property, credit,
pesos; and agency, business or imaginary
transactions, or by means of
4th. By arresto mayor in its maximum other similar deceits.
period, if such amount does not exceed
200 pesos, provided that in the four cases (b) By altering the quality,
mentioned, the fraud be committed by any fineness or weight of anything
of the following means:
pertaining to his art or obtaining credit, food,
business. refreshment or
accommodation therein
(c) By pretending to have without paying for his food,
bribed any Government refreshment or
employee, without prejudice to accommodation.
the action for calumny which
the offended party may deem 3. Through any of the following
proper to bring against the fraudulent means:
offender. In this case, the
offender shall be punished by (a) By inducing another, by
the maximum period of the means of deceit, to sign any
penalty. document.

(d) By post-dating a check, or (b) By resorting to some

issuing a check in payment of fraudulent practice to insure
an obligation when the success in a gambling game.
offender therein were not
sufficient to cover the amount (c) By removing, concealing or
of the check. The failure of the destroying, in whole or in part,
drawer of the check to deposit any court record, office files,
the amount necessary to cover document or any other papers.
his check within three (3) days
from receipt of notice from the Article 316. Other forms of swindling. -
bank and/or the payee or The penalty of arresto mayor in its
holder that said check has minimum and medium period and a fine of
been dishonored for lack of not less than the value of the damage
insufficiency of funds shall be caused and not more than three times
prima facie evidence of deceit such value, shall be imposed upon:
constituting false pretense or
fraudulent act. (As amended 1. Any person who, pretending to be
by R.A. 4885, approved June owner of any real property, shall
17, 1967.) convey, sell, encumber or mortgage
the same.
(e) By obtaining any food,
refreshment or 2. Any person, who, knowing that
accommodation at a hotel, inn, real property is encumbered, shall
restaurant, boarding house, dispose of the same, although such
lodging house, or apartment encumbrance be not recorded.
house and the like without
paying therefor, with intent to 3. The owner of any personal
defraud the proprietor or property who shall wrongfully take it
manager thereof, or by from its lawful possessor, to the
obtaining credit at hotel, inn, prejudice of the latter or any third
restaurant, boarding house, person.
lodging house, or apartment
house by the use of any false 4. Any person who, to the prejudice
pretense, or by abandoning or of another, shall execute any
surreptitiously removing any fictitious contract.
part of his baggage from a
hotel, inn, restaurant, boarding 5. Any person who shall accept any
house, lodging house or compensation given him under the
apartment house after belief that it was in payment of
 services rendered or labor performed arresto mayor or a fine amounting to twice
by him, when in fact he did not the value of the property shall be imposed
actually perform such services or upon:
labor.
1. Any person who shall knowingly
6. Any person who, while being a remove any personal property
surety in a bond given in a criminal mortgaged under the Chattel
or civil action, without express Mortgage Law to any province or city
authority from the court or before other than the one in which it was
the cancellation of his bond or before located at the time of the execution
being relieved from the obligation of the mortgage, without the written
contracted by him, shall sell, consent of the mortgagee, or his
mortgage, or, in any other manner, executors, administrators or assigns.
encumber the real property or
properties with which he guaranteed 2. Any mortgagor who shall sell or
the fulfillment of such obligation. pledge personal property already
pledged, or any part thereof, under
Article 317. Swindling a minor. - Any the terms of the Chattel Mortgage
person who taking advantage of the Law, without the consent of the
inexperience or emotions or feelings of a mortgagee written on the back of
minor, to his detriment, shall induce him to the mortgage and noted on the
assume any obligation or to give any record hereof in the office of the
release or execute a transfer of any Register of Deeds of the province
property right in consideration of some where such property is located.
loan of money, credit or other personal
property, whether the loan clearly appears Chapter Eight
in the document or is shown in any other ARSON AND OTHER CRIMES
form, shall suffer the penalty of arresto INVOLVING DESTRUCTIONS
mayor and a fine of a sum ranging from 10
to 50 per cent of the value of the obligation Article 320. Destructive arson. - The
contracted by the minor. penalty of reclusion temporal in its
maximum period to reclusion perpetua
Article 318. Other deceits. - The penalty shall be imposed upon any person who
of arresto mayor and a fine of not less than shall burn:
the amount of the damage caused and not
more than twice such amount shall be 1. Any arsenal, shipyard, storehouse
imposed upon any person who shall or military powder or fireworks
defraud or damage another by any other factory, ordinance, storehouse,
deceit not mentioned in the preceding archives or general museum of the
articles of this chapter. Government.

Any person who, for profit or gain, shall 2. Any passenger train or motor
interpret dreams, make forecasts, tell vehicle in motion or vessel out of
fortunes, or take advantage of the credulity port.
of the public in any other similar manner,
shall suffer the penalty of arresto mayor or 3. In an inhabited place, any
a fine not exceeding 200 pesos. storehouse or factory of inflammable
or explosive materials.
Chapter Seven
CHATTEL MORTGAGE Article 321. Other forms of arson. - When
the arson consists in the burning of other
Article 319. Removal, sale or pledge of property and under the circumstances
mortgaged property. - The penalty or
given hereunder, the offender shall be people are accustomed to
punishable: meet is set on fire, and the
culprit did not know that such
1. By reclusion temporal or reclusion house or building was
perpetua: occupied at the time, or if he
shall set fire to a moving
(a) if the offender shall set fire freight train or motor vehicle,
to any building, farmhouse, and the value of the damage
warehouse, hut, shelter, or caused exceeds 6,000 pesos;
vessel in port, knowing it to be
occupied at the time by one or (b) If the value of the damage
more persons; caused in paragraph (b) of the
preceding subdivision does not
(b) If the building burned is a exceed 6,000 pesos;
public building and value of
the damage caused exceeds (c) If a farm, sugar mill, cane
6,000 pesos; mill, mill central, bamboo
groves or any similar
(c) If the building burned is a plantation is set on fire and
public building and the the damage caused exceeds
purpose is to destroy evidence 6,000 pesos; and
kept therein to be used in
instituting prosecution for the (d) If grain fields, pasture
punishment of violators of the lands, or forests, or plantings
law, irrespective of the amount are set on fire, and the
of the damage; damage caused exceeds 6,000
pesos.
(d) If the building burned is a
public building and the 3. By prision mayor:
purpose is to destroy evidence
kept therein to be used in (a) If the value of the damage
legislative, judicial or caused in the case mentioned
administrative proceedings, in paragraphs (a),
irrespective of the amount of
the damage; Provided, (c), and (d) in the next
however, That if the evidence preceding subdivision does not
destroyed is to be used exceed 6,000 pesos;
against the defendant for the
prosecution of any crime (b) If a building not used as a
punishable under existing dwelling or place of assembly,
laws, the penalty shall be located in a populated place, is
reclusion perpetua; set on fire, and the damage
caused exceeds 6,000 pesos;
(e) If the arson shall have been
committed with the intention 4. By prision correccional in its
of collecting under an maximum period to prision mayor in
insurance policy against loss its medium period:
or damage by fire.
(a) If a building used as
2. By reclusion temporal: dwelling located in an
uninhabited place is set on fire
(a) If an inhabited house or and the damage caused
any other building in which exceeds 1,000 pesos;
 (b) If the value or the damage damage caused does not exceed 50
caused in the case mentioned pesos;
in paragraphs (c) and (d) of
subdivision 2 of this article 2. By arresto mayor in its maximum
does not exceed 200 pesos. period to prision correccional in its
minimum period, when the damage
5. By prision correccional in its caused is over 50 pesos but does not
medium period to prision mayor in exceed 200 pesos;
its minimum period, when the
damage caused is over 200 pesos 3. By prision correccional in its
but does not exceed 1,000 pesos, minimum and medium periods, if the
and the property referred to in damage caused is over 200 pesos
paragraph (a) of the preceding but does not exceed 1,000 pesos;
subdivision is set on fire; but when and
the value of such property does not
exceed 200 pesos, the penalty next 4. By prision correccional in its
lower in degree than that prescribed medium and maximum periods, if it
in this subdivision shall be imposed. is over 1,000 pesos.

6. The penalty of prision correccional Article 323. Arson of property of small

in its medium and maximum periods, value. - The arson of any uninhabited hut,
if the damage caused in the case storehouse, barn, shed, or any other
mentioned in paragraph (b) of property the value of which does not
subdivision 3 of this article does not exceed 25 pesos, committed at a time or
exceed 6,000 pesos but is over 200 under circumstances which clearly exclude
pesos. all danger of the fire spreading, shall not
be punished by the penalties respectively
7. The penalty of prision correccional prescribed in this chapter, but in
in its minimum and medium periods, accordance with the damage caused and
if the damage caused in the case under the provisions of the following
mentioned paragraph (b) subdivision chapter.
3 of this article does not exceed 200
pesos. Article 324. Crimes involving destruction.
- Any person who shall cause destruction
8. The penalty of arresto mayor and by means of explosion, discharge of
a fine ranging from fifty to one electric current, inundation, sinking or
hundred per centum if the damage stranding of a vessel, intentional damaging
caused shall be imposed, when the of the engine of said vessel, taking up the
property burned consists of grain rails from a railway track, maliciously
fields, pasture lands, forests, or changing railway signals for the safety of
plantations when the value of such moving trains, destroying telegraph wires
property does not exceed 200 pesos. and telegraph posts, or those of any other
(As amended by R.A. 5467, approved system, and, in general, by using any other
May 12, 1969). agency or means of destruction as
effective as those above enumerated, shall
Article 322. Cases of arson not included be punished by reclusion temporal if the
in the preceding articles. - Cases of arson commission has endangered the safety of
not included in the next preceding articles any person, otherwise, the penalty of
shall be punished: prision mayor shall be imposed.

1. By arresto mayor in its medium Article 325. Burning one's own property
and maximum periods, when the as means to commit arson. - Any person
guilty of arson or causing great destruction
of the property belonging to another shall in any of the three above-mentioned
suffer the penalties prescribed in this circumstances:
chapter, even though he shall have set fire
to or destroyed his own property for the (a) That the total insurance
purposes of committing the crime. carried on the building and/or
goods is more than 80 per
Article 326. Setting fire to property cent of the value of such
exclusively owned by the offender. - If the building and/or goods at the
property burned shall be the exclusive time of the fire;
property of the offender, he shall be
punished by arresto mayor in its maximum (b) That the defendant after
period to prision correccional in its the fire has presented a
minimum period, if the arson shall have fraudulent claim for loss.
been committed for the purpose of
defrauding or causing damage to another, The penalty of prision correccional shall be
or prejudice shall actually have been imposed on one who plants the articles
caused, or if the thing burned shall have above-mentioned, in order to secure a
been a building in an inhabited place. conviction, or as a means of extortion or
coercion. (As amended by R.A. 5467,
Article 326-A. In cases where death approved May 12, 1969).
resulted as a consequence of arson. - If
death resulted as a consequence of arson Chapter Nine
committed on any of the properties and MALICIOUS MISCHIEF
under any of the circumstances mentioned
in the preceding articles, the court shall Article 327. Who are liable for malicious
impose the death penalty. mischief. - Any person who shall
deliberately cause the property of another
Article 326-B. Prima facie evidence of any damage not falling within the terms of
arson. - Any of the following circumstances the next preceding chapter shall be guilty
shall constitute prima facie evidence of of malicious mischief.
arson:
Article 328. Special cases of malicious
1. If after the fire, are found mischief. - Any person who shall cause
materials or substances soaked in damage to obstruct the performance of
gasoline, kerosene, petroleum, or public functions, or using any poisonous or
other inflammables, or any corrosive substance; or spreading any
mechanical, electrical chemical or infection or contagion among cattle; or
traces or any of the foregoing. who cause damage to the property of the
National Museum or National Library, or to
2. That substantial amount of any archive or registry, waterworks, road,
inflammable substance or materials promenade, or any other thing used in
were stored within the building not common by the public, shall be punished:
necessary in the course of the
defendant's business; and 1. By prision correccional in its
minimum and medium periods, if the
3. That the fire started value of the damage caused exceeds
simultaneously in more than one 1,000 pesos;
part of the building or locale under
circumstances that cannot normally 2. By arresto mayor, if such value
be due to accidental or unintentional does not exceed the
causes: Provided, however, That at abovementioned amount but it is
least one of the following is present over 200 pesos; and
 3. By arresto menor, in such value Any person who shall destroy or damage
does not exceed 200 pesos. any useful or ornamental painting of a
public nature shall suffer the penalty of
Article 329. Other mischiefs. - The arresto menor or a fine not exceeding 200
mischiefs not included in the next pesos, or both such fine and imprisonment,
preceding article shall be punished: in the discretion of the court.

1. By arresto mayor in its medium Chapter Ten

and maximum periods, if the value EXEMPTION FROM CRIMINAL LIABILITY
of the damage caused exceeds IN CRIMES AGAINST PROPERTY
1,000 pesos;
Article 332. Persons exempt from
2. By arresto mayor in its minimum criminal liability. - No criminal, but only civil
and medium periods, if such value is liability, shall result from the commission of
over 200 pesos but does not exceed the crime of theft, swindling or malicious
1,000 pesos; and mischief committed or caused mutually by
the following persons:
3. By arresto menor or fine of not
less than the value of the damage 1. Spouses, ascendants and
caused and not more than 200 descendants, or relatives by affinity
pesos, if the amount involved does in the same line.
not exceed 200 pesos or cannot be
estimated. 2. The widowed spouse with respect
to the property which belonged to
Article 330. Damage and obstruction to the deceased spouse before the
means of communication. - The penalty of same shall have passed into the
prision correccional in its medium and possession of another; and
maximum periods shall be imposed upon
any person who shall damage any railway, 3. Brothers and sisters and brothers-
telegraph or telephone lines. in-law and sisters-in-law, if living
together.
If the damage shall result in any
derailment of cars, collision or other The exemption established by this article
accident, the penalty of prision mayor shall shall not be applicable to strangers
be imposed, without prejudice to the participating in the commission of the
criminal liability of the offender for the crime.
other consequences of his criminal act.
Title Eleven
For the purpose of the provisions of the
article, the electric wires, traction cables, CRIMES AGAINST CHASTITY
signal system and other things pertaining
to railways, shall be deemed to constitute Chapter One
an integral part of a railway system. ADULTERY AND CONCUBINAGE

Article 331. Destroying or damaging Article 333. Who are guilty of adultery. -
statues, public monuments or paintings. - Adultery is committed by any married
Any person who shall destroy or damage woman who shall have sexual intercourse
statues or any other useful or ornamental with a man not her husband and by the
public monument shall suffer the penalty man who has carnal knowledge of her
of arresto mayor in its medium period to knowing her to be married, even if the
prision correccional in its minimum period. marriage be subsequently declared void.
Adultery shall be punished by prision When by reason or on the occasion of the
correccional in its medium and maximum rape, the victim has become insane, the
periods. penalty shall be death.

If the person guilty of adultery committed When rape is attempted or frustrated and a
this offense while being abandoned without homicide is committed by reason or on the
justification by the offended spouse, the occasion thereof, the penalty shall be
penalty next lower in degree than that likewise death.
provided in the next preceding paragraph
shall be imposed. When by reason or on the occasion of the
rape, a homicide is committed, the penalty
Article 334. Concubinage. - Any husband shall be death. (As amended by R.A. 2632,
who shall keep a mistress in the conjugal approved June 18, 1960, and R.A. 4111,
dwelling, or shall have sexual intercourse, approved June 20, 1964).
under scandalous circumstances, with a
woman who is not his wife, or shall cohabit Article 336. Acts of lasciviousness. - Any
with her in any other place, shall be person who shall commit any act of
punished by prision correccional in its lasciviousness upon other persons of either
minimum and medium periods. sex, under any of the circumstances
mentioned in the preceding article, shall be
The concubine shall suffer the penalty of punished by prision correccional.
destierro.
Chapter Three
Chapter Two SEDUCTION, CORRUPTION OF MINORS
RAPE AND ACTS OF LASCIVIOUSNESS AND WHITE SLAVE TRADE

Article 335. When and how rape is Article 337. Qualified seduction. - The
committed. - Rape is committed by having seduction of a virgin over twelve years and
carnal knowledge of a woman under any of under eighteen years of age, committed by
the following circumstances: any person in public authority, priest,
home-servant, domestic, guardian,
1. By using force or intimidation; teacher, or any person who, in any
capacity, shall be entrusted with the
2. When the woman is deprived of education or custody of the woman
reason or otherwise unconscious; seduced, shall be punished by prision
and correccional in its minimum and medium
periods.
3. When the woman is under twelve
years of age, even though neither of The penalty next higher in degree shall be
the circumstances mentioned in the imposed upon any person who shall seduce
two next preceding paragraphs shall his sister or descendant, whether or not
be present. she be a virgin or over eighteen years of
age.
The crime of rape shall be punished by
reclusion perpetua. Under the provisions of this Chapter,
seduction is committed when the offender
Whenever the crime of rape is committed has carnal knowledge of any of the persons
with the use of a deadly weapon or by two and under the circumstances described
or more persons, the penalty shall be herein.
reclusion perpetua to death.
Article 338. Simple seduction. - The
seduction of a woman who is single or a
widow of good reputation, over twelve but
under eighteen years of age, committed by Chapter Five
means of deceit, shall be punished by PROVISIONS RELATIVE TO THE
arresto mayor. PRECEDING CHAPTERS OF TITLE
ELEVEN
Article 339. Acts of lasciviousness with
the consent of the offended party. - The Article 344. Prosecution of the crimes of
penalty of arresto mayor shall be imposed adultery, concubinage, seduction,
to punish any other acts of lasciviousness abduction, rape and acts of lasciviousness.
committed by the same persons and the - The crimes of adultery and concubinage
same circumstances as those provided in shall not be prosecuted except upon a
Articles 337 and 338. complaint filed by the offended spouse.

Article 340. Corruption of minors. - Any The offended party cannot institute
person who shall promote or facilitate the criminal prosecution without including both
prostitution or corruption of persons the guilty parties, if they are both alive,
underage to satisfy the lust of another, nor, in any case, if he shall have consented
shall be punished by prision mayor, and if or pardoned the offenders.
the culprit is a pubic officer or employee,
including those in government-owned or The offenses of seduction, abduction, rape
controlled corporations, he shall also suffer or acts of lasciviousness, shall not be
the penalty of temporary absolute prosecuted except upon a complaint filed
disqualification. (As amended by Batas by the offended party or her parents,
Pambansa Blg. 92). grandparents, or guardian, nor, in any
case, if the offender has been expressly
Article 341. White slave trade. - The pardoned by the above named persons, as
penalty of prision mayor in its medium and the case may be.
maximum period shall be imposed upon
any person who, in any manner, or under In cases of seduction, abduction, acts of
any pretext, shall engage in the business lasciviousness and rape, the marriage of
or shall profit by prostitution or shall enlist the offender with the offended party shall
the services of any other for the purpose of extinguish the criminal action or remit the
prostitution (As amended by Batas penalty already imposed upon him. The
Pambansa Blg. 186.) provisions of this paragraph shall also be
applicable to the co-principals, accomplices
Chapter Four and accessories after the fact of the above-
ABDUCTION mentioned crimes.

Article 342. Forcible abduction. - The Article 345. Civil liability of persons guilty
abduction of any woman against her will of crimes against chastity. - Person guilty of
and with lewd designs shall be punished by rape, seduction or abduction, shall also be
reclusion temporal. sentenced:

The same penalty shall be imposed in 1. To indemnify the offended woman.

every case, if the female abducted be
under twelve years of age. 2. To acknowledge the offspring,
unless the law should prevent him
Article 343. Consented abduction. - The from so doing.
abduction of a virgin over twelve years and
under eighteen years of age, carried out 3. In every case to support the
with her consent and with lewd designs, offspring.
shall be punished by the penalty of prision
correccional in its minimum and medium The adulterer and the concubine in the
periods. case provided for in Articles 333 and 334
may also be sentenced, in the same Any physician or surgeon or public officer
proceeding or in a separate civil who, in violation of the duties of his
proceeding, to indemnify for damages profession or office, shall cooperate in the
caused to the offended spouse. execution of any of the crimes mentioned
in the two next preceding paragraphs, shall
Article 346. Liability of ascendants, suffer the penalties therein prescribed and
guardians, teachers, or other persons also the penalty of temporary special
entrusted with the custody of the offended disqualification.
party. - The ascendants, guardians,
curators, teachers and any person who, by Article 348. Usurpation of civil status. -
abuse of authority or confidential The penalty of prision mayor shall be
relationships, shall cooperate as imposed upon any person who shall usurp
accomplices in the perpetration of the the civil status of another, should he do so
crimes embraced in chapters, second, third for the purpose of defrauding the offended
and fourth, of this title, shall be punished part or his heirs; otherwise, the penalty of
as principals. prision correccional in its medium and
maximum periods shall be imposed.
Teachers or other persons in any other
capacity entrusted with the education and Chapter Two
guidance of youth, shall also suffer the ILLEGAL MARRIAGES
penalty of temporary special
disqualification in its maximum period to Article 349. Bigamy. - The penalty of
perpetual special disqualification. prision mayor shall be imposed upon any
person who shall contract a second or
Any person falling within the terms of this subsequent marriage before the former
article, and any other person guilty of marriage has been legally dissolved, or
corruption of minors for the benefit of before the absent spouse has been
another, shall be punished by special declared presumptively dead by means of
disqualification from filling the office of a judgment rendered in the proper
guardian. proceedings.

Title Twelve Article 350. Marriage contracted against

provisions of laws. - The penalty of prision
CRIMES AGAINST THE CIVIL STATUS OF correccional in its medium and maximum
PERSONS periods shall be imposed upon any person
who, without being included in the
Chapter one provisions of the next proceeding article,
SIMULATION OF BIRTHS AND shall have not been complied with or that
USURPATION OF CIVIL STATUS the marriage is in disregard of a legal
impediment.
Article 347. Simulation of births,
substitution of one child for another and If either of the contracting parties shall
concealment or abandonment of a obtain the consent of the other by means
legitimate child. - The simulation of births of violence, intimidation or fraud, he shall
and the substitution of one child for be punished by the maximum period of the
another shall be punished by prision mayor penalty provided in the next preceding
and a fine of not exceeding 1,000 pesos. paragraph.

The same penalties shall be imposed upon Article 351. Premature marriages. - Any
any person who shall conceal or abandon widow who shall marry within three
any legitimate child with intent to cause hundred and one day from the date of the
such child to lose its civil status. death of her husband, or before having
delivered if she shall have been pregnant
at the time of his death, shall be punished other official proceedings which are
by arresto mayor and a fine not exceeding not of confidential nature, or of any
500 pesos. statement, report or speech
delivered in said proceedings, or of
The same penalties shall be imposed upon any other act performed by public
any woman whose marriage shall have officers in the exercise of their
been annulled or dissolved, if she shall functions.
marry before her delivery or before the
expiration of the period of three hundred Article 355. Libel means by writings or
and one day after the legal separation. similar means. - A libel committed by
means of writing, printing, lithography,
Article 352. Performance of illegal engraving, radio, phonograph, painting,
marriage ceremony. - Priests or ministers theatrical exhibition, cinematographic
of any religious denomination or sect, or exhibition, or any similar means, shall be
civil authorities who shall perform or punished by prision correccional in its
authorize any illegal marriage ceremony minimum and medium periods or a fine
shall be punished in accordance with the ranging from 200 to 6,000 pesos, or both,
provisions of the Marriage Law. in addition to the civil action which may be
brought by the offended party.
Title Thirteen
Article 356. Threatening to publish and
CRIMES AGAINST HONOR offer to present such publication for a
compensation. - The penalty of arresto
Chapter One mayor or a fine from 200 to 2,000 pesos, or
LIBEL both, shall be imposed upon any person
who threatens another to publish a libel
Section One. - Definitions, forms, and concerning him or the parents, spouse,
punishment of this crime. child, or other members of the family of
the latter or upon anyone who shall offer to
Article 353. Definition of libel. - A libel is prevent the publication of such libel for a
public and malicious imputation of a crime, compensation or money consideration.
or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or Article 357. Prohibited publication of acts
circumstance tending to cause the referred to in the course of official
dishonor, discredit, or contempt of a proceedings. - The penalty of arresto
natural or juridical person, or to blacken mayor or a fine of from 20 to 2,000 pesos,
the memory of one who is dead. or both, shall be imposed upon any
reporter, editor or manager or a
Article 354. Requirement for publicity. - newspaper, daily or magazine, who shall
Every defamatory imputation is presumed publish facts connected with the private
to be malicious, even if it be true, if no life of another and offensive to the honor,
good intention and justifiable motive for virtue and reputation of said person, even
making it is shown, except in the following though said publication be made in
cases: connection with or under the pretext that it
is necessary in the narration of any judicial
1. A private communication made by or administrative proceedings wherein
any person to another in the such facts have been mentioned.
performance of any legal, moral or
social duty; and Article 358. Slander. - Oral defamation
shall be punished by arresto mayor in its
2. A fair and true report, made in maximum period to prision correccional in
good faith, without any comments or its minimum period if it is of a serious and
remarks, of any judicial, legislative or insulting nature; otherwise the penalty
shall be arresto menor or a fine not first published and in case one of the
exceeding 200 pesos. offended parties is a private individual, the
action shall be filed in the Court of First
Article 359. Slander by deed. - The Instance of the province or city where he
penalty of arresto mayor in its maximum actually resides at the time of the
period to prision correccional in its commission of the offense or where the
minimum period or a fine ranging from 200 libelous matter is printed and first
to 1,000 pesos shall be imposed upon any published: Provided, further, That the civil
person who shall perform any act not action shall be filed in the same court
included and punished in this title, which where the criminal action is filed and vice
shall cast dishonor, discredit or contempt versa: Provided, furthermore, That the
upon another person. If said act is not of a court where the criminal action or civil
serious nature, the penalty shall be arresto action for damages is first filed, shall
menor or a fine not exceeding 200 pesos. acquire jurisdiction to the exclusion of
other courts: And, provided, finally, That
Section Two. - General provisions this amendment shall not apply to cases of
written defamations, the civil and/or
Article 360. Persons responsible. - Any criminal actions which have been filed in
person who shall publish, exhibit, or cause court at the time of the effectivity of this
the publication or exhibition of any law.
defamation in writing or by similar means,
shall be responsible for the same. Preliminary investigation of criminal action
for written defamations as provided for in
The author or editor of a book or pamphlet, the chapter shall be conducted by the
or the editor or business manager of a provincial or city fiscal of the province or
daily newspaper, magazine or serial city, or by the municipal court of the city or
publication, shall be responsible for the capital of the province where such action
defamations contained therein to the same may be instituted in accordance with the
extent as if he were the author thereof. provisions of this article.

The criminal and civil action for damages in No criminal action for defamation which
cases of written defamations as provided consists in the imputation of a crime which
for in this chapter, shall be filed cannot be prosecuted de oficio shall be
simultaneously or separately with the court brought except at the instance of and upon
of first instance of the province or city complaint expressly filed by the offended
where the libelous article is printed and party. (As amended by R.A. 1289, approved
first published or where any of the June 15, 1955, R.A. 4363, approved June
offended parties actually resides at the 19, 1965).
time of the commission of the offense:
Provided, however, That where one of the Article 361. Proof of the truth. - In every
offended parties is a public officer whose criminal prosecution for libel, the truth may
office is in the City of Manila at the time of be given in evidence to the court and if it
the commission of the offense, the action appears that the matter charged as
shall be filed in the Court of First Instance libelous is true, and, moreover, that it was
of the City of Manila, or of the city or published with good motives and for
province where the libelous article is justifiable ends, the defendants shall be
printed and first published, and in case acquitted.
such public officer does not hold office in
the City of Manila, the action shall be filed Proof of the truth of an imputation of an act
in the Court of First Instance of the or omission not constituting a crime shall
province or city where he held office at the not be admitted, unless the imputation
time of the commission of the offense or shall have been made against Government
where the libelous article is printed and
employees with respect to facts related to Any person who, by simple imprudence or
the discharge of their official duties. negligence, shall commit an act which
would otherwise constitute a grave felony,
In such cases if the defendant proves the shall suffer the penalty of arresto mayor in
truth of the imputation made by him, he its medium and maximum periods; if it
shall be acquitted. would have constituted a less serious
felony, the penalty of arresto mayor in its
Article 362. Libelous remarks. - Libelous minimum period shall be imposed.
remarks or comments connected with the
matter privileged under the provisions of When the execution of the act covered by
Article 354, if made with malice, shall not this article shall have only resulted in
exempt the author thereof nor the editor or damage to the property of another, the
managing editor of a newspaper from offender shall be punished by a fine
criminal liability. ranging from an amount equal to the value
of said damages to three times such value,
Chapter Two but which shall in no case be less than
INCRIMINATORY MACHINATIONS twenty-five pesos.

Article 363. Incriminating innocent A fine not exceeding two hundred pesos
person. - Any person who, by any act not and censure shall be imposed upon any
constituting perjury, shall directly person who, by simple imprudence or
incriminate or impute to an innocent negligence, shall cause some wrong which,
person the commission of a crime, shall be if done maliciously, would have constituted
punished by arresto menor. a light felony.

Article 364. Intriguing against honor. - In the imposition of these penalties, the
The penalty of arresto menor or fine not court shall exercise their sound discretion,
exceeding 200 pesos shall be imposed for without regard to the rules prescribed in
any intrigue which has for its principal Article sixty-four.
purpose to blemish the honor or reputation
of a person. The provisions contained in this article
shall not be applicable:
Title Fourteen
1. When the penalty provided for the
QUASI-OFFENSES offense is equal to or lower than
those provided in the first two
Sole Chapter paragraphs of this article, in which
CRIMINAL NEGLIGENCE case the court shall impose the
penalty next lower in degree than
Article 365. Imprudence and negligence. - that which should be imposed in the
Any person who, by reckless imprudence, period which they may deem proper
shall commit any act which, had it been to apply.
intentional, would constitute a grave
felony, shall suffer the penalty of arresto 2. When, by imprudence or
mayor in its maximum period to prision negligence and with violation of the
correccional in its medium period; if it Automobile Law, to death of a
would have constituted a less grave felony, person shall be caused, in which
the penalty of arresto mayor in its case the defendant shall be
minimum and medium periods shall be punished by prision correccional in
imposed; if it would have constituted a its medium and maximum periods.
light felony, the penalty of arresto menor in
its maximum period shall be imposed. Reckless imprudence consists in voluntary,
but without malice, doing or falling to do
an act from which material damage results
by reason of inexcusable lack of precaution
on the part of the person performing of
failing to perform such act, taking into
consideration his employment or
occupation, degree of intelligence, physical
condition and other circumstances
regarding persons, time and place.

Simple imprudence consists in the lack of

precaution displayed in those cases in
which the damage impending to be caused
is not immediate nor the danger clearly
manifest.

The penalty next higher in degree to those

provided for in this article shall be imposed
upon the offender who fails to lend on the
spot to the injured parties such help as
may be in this hand to give. (As amended
by R.A. 1790, approved June 21, 1957).