Art. 14. Aggravating circumstances.

 — The derailment of a locomotive, or by the use of

following are aggravating circumstances: any other artifice involving great waste and
1. That advantage be taken by the offender of ruin.
his public position. 13. That the act be committed with evidence
2. That the crime be committed in contempt premeditation.
or with insult to the public authorities. 14. That the craft, fraud or disguise be
3. That the act be committed with insult or in employed.
disregard of the respect due the offended 15. That advantage be taken of superior
party on account of his rank, age, or sex, or strength, or means be employed to weaken
that is be committed in the dwelling of the the defense.
offended party, if the latter has not given 16. That the act be committed with treachery
provocation. (alevosia).
4. That the act be committed with abuse of There is treachery when the offender commits
confidence or obvious ungratefulness. any of the crimes against the person,
5. That the crime be committed in the palace employing means, methods, or forms in the
of the Chief Executive or in his presence, or execution thereof which tend directly and
where public authorities are engaged in the specially to insure its execution, without risk
discharge of their duties, or in a place to himself arising from the defense which the
dedicated to religious worship. offended party might make.
6. That the crime be committed in the night 17. That means be employed or circumstances
time, or in an uninhabited place, or by a band, brought about which add ignominy to the
whenever such circumstances may facilitate natural effects of the act.
the commission of the offense. 18. That the crime be committed after an
Whenever more than three armed unlawful entry.
malefactors shall have acted together in the There is an unlawful entry when an entrance
commission of an offense, it shall be deemed of a crime a wall, roof, floor, door, or window
to have been committed by a band. be broken.
7. That the crime be committed on the 20. That the crime be committed with the aid
occasion of a conflagration, shipwreck, of persons under fifteen years of age or by
earthquake, epidemic or other calamity or means of motor vehicles, motorized
misfortune. watercraft, airships, or other similar
8. That the crime be committed with the aid of means. (As amended by RA 5438).
armed men or persons who insure or afford 21. That the wrong done in the commission of
impunity. the crime be deliberately augmented by
9. That the accused is a recidivist. causing other wrong not necessary for its
A recidivist is one who, at the time of his trial commissions.
for one crime, shall have been previously
convicted by final judgment of another crime
embraced in the same title of this Code. Art. 15. Their concept. — Alternative
10. That the offender has been previously circumstances are those which must be
punished by an offense to which the law taken into consideration as aggravating or
attaches an equal or greater penalty or for mitigating according to the nature and effects
two or more crimes to which it attaches a of the crime and the other conditions
lighter penalty. attending its commission. They are the
11. That the crime be committed in relationship, intoxication and the degree of
consideration of a price, reward, or promise. instruction and education of the offender.
12. That the crime be committed by means of The alternative circumstance of relationship
inundation, fire, poison, explosion, stranding shall be taken into consideration when the
of a vessel or international damage thereto, offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted 1. By profiting themselves or assisting the
brother or sister, or relative by affinity in the offender to profit by the effects of the crime.
same degrees of the offender. 2. By concealing or destroying the body of the
The intoxication of the offender shall be taken crime, or the effects or instruments thereof, in
into consideration as a mitigating order to prevent its discovery.
circumstances when the offender has 3. By harboring, concealing, or assisting in the
committed a felony in a state of intoxication, if escape of the principals of the crime, provided
the same is not habitual or subsequent to the the accessory acts with abuse of his public
plan to commit said felony but when the functions or whenever the author of the crime
intoxication is habitual or intentional, it shall is guilty of treason, parricide, murder, or an
be considered as an aggravating circumstance. attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some
other crime.
Art. 16. Who are criminally liable. — The
following are criminally liable for grave and
less grave felonies: Art. 20. Accessories who are exempt from
1. Principals. criminal liability. — The penalties
2. Accomplices. prescribed for accessories shall not be
3. Accessories. imposed upon those who are such with
The following are criminally liable for light respect to their spouses, ascendants,
felonies: descendants, legitimate, natural, and adopted
1. Principals brothers and sisters, or relatives by affinity
2. Accomplices. within the same degrees, with the single
exception of accessories falling within the
provisions of paragraph 1 of the next
Art. 17. Principals. — The following are preceding article.
considered principals:
1. Those who take a direct part in the
execution of the act; Art. 25. Penalties which may be
2. Those who directly force or induce others imposed. — The penalties which may be
to commit it; imposed according to this Code, and their
3. Those who cooperate in the commission of different classes, are those included in the
the offense by another act without which it following:
would not have been accomplished. Scale
Principal Penalties
Capital punishment:
Art. 18. Accomplices. — Accomplices are Death. 
those persons who, not being included in Art. Afflictive penalties:
17, cooperate in the execution of the offense Reclusion perpetua, 
by previous or simultaneous acts. Reclusion temporal, 
Perpetual or temporary absolute
disqualification, 
Art. 19. Accessories. — Accessories are those Perpetual or temporary special
who, having knowledge of the commission of disqualification, 
the crime, and without having participated Prision mayor.
therein, either as principals or accomplices, Correctional penalties:
take part subsequent to its commission in any Prision correccional, 
of the following manners:  Arresto mayor, 
Suspension,  disqualification shall be from six years and
Destierro. one day to twelve years, except when the
penalty of disqualification is imposed as an
Light penalties: accessory penalty, in which case its duration
Arresto menor,  shall be that of the principal penalty.
Public censure.
Penalties common to the three preceding Prision correccional, suspension, and
classes: destierro. — The duration of the penalties of
Fine, and  prision correccional, suspension and destierro
Bond to keep the peace. shall be from six months and one day to six
Accessory Penalties years, except when suspension is imposed as
Perpetual or temporary absolute an accessory penalty, in which case, its
disqualification,  duration shall be that of the principal penalty.
Perpetual or temporary special
disqualification,  Arresto mayor. — The duration of the
Suspension from public office, the right to penalty of arresto mayor shall be from one
vote and be voted for, the profession or month and one day to six months.
calling. 
Civil interdiction,  Arresto menor. — The duration of the
Indemnification,  penalty of arresto menor shall be from one
Forfeiture or confiscation of instruments and day to thirty days.
proceeds of the offense, 
Payment of costs. Bond to keep the peace. — The bond to keep
the peace shall be required to cover such
period of time as the court may determine.
Art. 26. When afflictive, correctional, or
light penalty. — A fine, whether imposed as a
single of as an alternative penalty, shall be Art. 48. Penalty for complex crimes. —
considered an afflictive penalty, if it exceeds When a single act constitutes two or more
6,000 pesos; a correctional penalty, if it does grave or less grave felonies, or when an
not exceed 6,000 pesos but is not less than offense is a necessary means for committing
200 pesos; and a light penalty if it less than the other, the penalty for the most serious
200 pesos. crime shall be imposed, the same to be
   applied in its maximum period.
Art. 27. Reclusion perpetua. — Any person
sentenced to any of the perpetual penalties
shall be pardoned after undergoing the Art. 49. Penalty to be imposed upon the
penalty for thirty years, unless such person by principals when the crime committed is
reason of his conduct or some other serious different from that intended. — In cases in
cause shall be considered by the Chief which the felony committed is different from
Executive as unworthy of pardon. that which the offender intended to commit,
the following rules shall be observed:
Reclusion temporal. — The penalty of 1. If the penalty prescribed for the felony
reclusion temporal shall be from twelve years committed be higher than that corresponding
and one day to twenty years. to the offense which the accused intended to
commit, the penalty corresponding to the
Prision mayor and temporary latter shall be imposed in its maximum
disqualification. — The duration of the period.
penalties of prision mayor and temporary
2. If the penalty prescribed for the felony 2. The same rule shall apply with respect to
committed be lower than that corresponding any aggravating circumstance inherent in the
to the one which the accused intended to crime to such a degree that it must of
commit, the penalty for the former shall be necessity accompany the commission thereof.
imposed in its maximum period. 3. Aggravating or mitigating circumstances
3. The rule established by the next preceding which arise from the moral attributes of the
paragraph shall not be applicable if the acts offender, or from his private relations with
committed by the guilty person shall also the offended party, or from any other
constitute an attempt or frustration of personal cause, shall only serve to aggravate
another crime, if the law prescribes a higher or mitigate the liability of the principals,
penalty for either of the latter offenses, in accomplices and accessories as to whom such
which case the penalty provided for the circumstances are attendant.
attempted or the frustrated crime shall be 4. The circumstances which consist in the
imposed in its maximum period. material execution of the act, or in the means
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those
Art. 59. Penalty to be imposed in case of persons only who had knowledge of them at
failure to commit the crime because the the time of the execution of the act or their
means employed or the aims sought are cooperation therein.
impossible. — When the person intending to 5. Habitual delinquency shall have the
commit an offense has already performed the following effects: 
acts for the execution of the same but   
nevertheless the crime was not produced by (a) Upon a third conviction the culprit shall be
reason of the fact that the act intended was by sentenced to the penalty provided by law for
its nature one of impossible accomplishment the last crime of which he be found guilty and
or because the means employed by such to the additional penalty of prision
person are essentially inadequate to produce correccional in its medium and maximum
the result desired by him, the court, having in periods;
mind the social danger and the degree of (b) Upon a fourth conviction, the culprit shall
criminality shown by the offender, shall be sentenced to the penalty provided for the
impose upon him the penalty of arresto last crime of which he be found guilty and to
mayor or a fine from 200 to 500 pesos. the additional penalty of prision mayor in its
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the
Art. 62. Effect of the attendance of culprit shall be sentenced to the penalty
mitigating or aggravating circumstances provided for the last crime of which he be
and of habitual delinquency. — Mitigating found guilty and to the additional penalty of
or aggravating circumstances and habitual prision mayor in its maximum period to
delinquency shall be taken into account for reclusion temporal in its minimum period.
the purpose of diminishing or increasing the Notwithstanding the provisions of this article,
penalty in conformity with the following the total of the two penalties to be imposed
rules: upon the offender, in conformity herewith,
1. Aggravating circumstances which in shall in no case exceed 30 years.
themselves constitute a crime specially For the purpose of this article, a person shall
punishable by law or which are included by be deemed to be habitual delinquent, is within
the law in defining a crime and prescribing a period of ten years from the date of his
the penalty therefor shall not be taken into release or last conviction of the crimes of
account for the purpose of increasing the serious or less serious physical injuries, robo,
penalty.
hurto, estafa or falsification, he is found guilty 1. By the death of the convict, as to the
of any of said crimes a third time or oftener. personal penalties and as to pecuniary
penalties, liability therefor is extinguished
Art. 69. Penalty to be imposed when the only when the death of the offender occurs
crime committed is not wholly before final judgment.
excusable. — A penalty lower by one or two 2. By service of the sentence;
degrees than that prescribed by law shall be 3. By amnesty, which completely extinguishes
imposed if the deed is not wholly excusable by the penalty and all its effects;
reason of the lack of some of the conditions 4. By absolute pardon;
required to justify the same or to exempt from 5. By prescription of the crime;
criminal liability in the several cases 6. By prescription of the penalty;
mentioned in Article 11 and 12, provided that 7. By the marriage of the offended woman, as
the majority of such conditions be present. provided in Article 344 of this Code.
The courts shall impose the penalty in the
period which may be deemed proper, in view
of the number and nature of the conditions of Art. 90. Prescription of crime. — Crimes
exemption present or lacking. punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty
years.
Art. 72. Preference in the payment of the Crimes punishable by other afflictive penalties
civil liabilities. — The civil liabilities of a shall prescribe in fifteen years.
person found guilty of two or more offenses Those punishable by a correctional penalty
shall be satisfied by following the shall prescribe in ten years; with the
chronological order of the dates of the exception of those punishable by arresto
judgments rendered against him, beginning mayor, which shall prescribe in five years.
with the first in order of time. The crime of libel or other similar offenses
shall prescribe in one year.
The crime of oral defamation and slander by
Art. 89. How criminal liability is totally deed shall prescribe in six months.
extinguished. — Criminal liability is totally Light offenses prescribe in two months.
extinguished: When the penalty fixed by law is a compound
1. By the death of the convict, as to the one, the highest penalty shall be made the
personal penalties and as to pecuniary basis of the application of the rules contained
penalties, liability therefor is extinguished in the first, second and third paragraphs of
only when the death of the offender occurs this article. (As amended by RA 4661,
before final judgment. approved June 19, 1966).
2. By service of the sentence;
3. By amnesty, which completely extinguishes
the penalty and all its effects; Art. 91. Computation of prescription of
4. By absolute pardon; offenses. — The period of prescription shall
5. By prescription of the crime; commence to run from the day on which the
6. By prescription of the penalty; crime is discovered by the offended party, the
7. By the marriage of the offended woman, as authorities, or their agents, and shall be
provided in Article 344 of this Code. interrupted by the filing of the complaint or
information, and shall commence to run again
when such proceedings terminate without the
Art. 89. How criminal liability is totally accused being convicted or acquitted, or are
extinguished. — Criminal liability is totally unjustifiably stopped for any reason not
extinguished: imputable to him.
The term of prescription shall not run when
the offender is absent from the Philippine
Archipelago.

Art. 92. When and how penalties

prescribe. — The penalties imposed by final
sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty
years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with
the exception of the penalty of arresto mayor,
which prescribes in five years;
4. Light penalties, in one year.

Art. 93. Computation of the prescription of

penalties. — The period of prescription of
penalties shall commence to run from the date
when the culprit should evade the service of
his sentence, and it shall be interrupted if the
defendant should give himself up, be
captured, should go to some foreign country
with which this Government has no
extradition treaty, or should commit another
crime before the expiration of the period of
prescription.