Revised Penal Code
Revised Penal Code
Preliminary
Title
DATE
OF
EFFECTIVENESS
AND
APPLICATION
OF
THE
PROVISIONS
OF
THIS
CODE
Article
1.
Time
when
Act
takes
effect.
This
Code
shall
take
effect
on
the
first
day
of
January,
nineteen
hundred
and
thirty-two.
Art.
2.
Application
of
its
provisions.
Except
as
provided
in
the
treaties
and
laws
of
preferential
application,
the
provisions
of
this
Code
shall
be
enforced
not
only
within
the
Philippine
Archipelago,
including
its
atmosphere,
its
interior
waters
and
maritime
zone,
but
also
outside
of
its
jurisdiction,
against
those
who:
1.
Should
commit
an
offense
while
on
a
Philippine
ship
or
airship
2.
Should
forge
or
counterfeit
any
coin
or
currency
note
of
the
Philippine
Islands
or
obligations
and
securities
issued
by
the
Government
of
the
Philippine
Islands;
3.
Should
be
liable
for
acts
connected
with
the
introduction
into
these
islands
of
the
obligations
and
securities
mentioned
in
the
presiding
number;
4.
While
being
public
officers
or
employees,
should
commit
an
offense
in
the
exercise
of
their
functions;
or
5.
Should
commit
any
of
the
crimes
against
national
security
and
the
law
of
nations,
defined
in
Title
One
of
Book
Two
of
this
Code.
Title
One
FELONIES
AND
CIRCUMSTANCES
WHICH
AFFECT
CRIMINAL
LIABILITY
Chapter
One
FELONIES
Art.
3.
Definitions.
Acts
and
omissions
punishable
by
law
are
felonies
(delitos).
Felonies
are
committed
not
only
be
means
of
deceit
(dolo)
but
also
by
means
of
fault
(culpa).
There
is
deceit
when
the
act
is
performed
with
deliberate
intent
and
there
is
fault
when
the
wrongful
act
results
from
imprudence,
negligence,
lack
of
foresight,
or
lack
of
skill.
Art.
4.
Criminal
liability.
Criminal
liability
shall
be
incurred:
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1.
By
any
person
committing
a
felony
(delito)
although
the
wrongful
act
done
be
different
from
that
which
he
intended.
2.
By
any
person
performing
an
act
which
would
be
an
offense
against
persons
or
property,
were
it
not
for
the
inherent
impossibility
of
its
accomplishment
or
an
account
of
the
employment
of
inadequate
or
ineffectual
means.
Art.
5.
Duty
of
the
court
in
connection
with
acts
which
should
be
repressed
but
which
are
not
covered
by
the
law,
and
in
cases
of
excessive
penalties.
Whenever
a
court
has
knowledge
of
any
act
which
it
may
deem
proper
to
repress
and
which
is
not
punishable
by
law,
it
shall
render
the
proper
decision,
and
shall
report
to
the
Chief
Executive,
through
the
Department
of
Justice,
the
reasons
which
induce
the
court
to
believe
that
said
act
should
be
made
the
subject
of
legislation.
In
the
same
way,
the
court
shall
submit
to
the
Chief
Executive,
through
the
Department
of
Justice,
such
statement
as
may
be
deemed
proper,
without
suspending
the
execution
of
the
sentence,
when
a
strict
enforcement
of
the
provisions
of
this
Code
would
result
in
the
imposition
of
a
clearly
excessive
penalty,
taking
into
consideration
the
degree
of
malice
and
the
injury
caused
by
the
offense.
Art.
6.
Consummated,
frustrated,
and
attempted
felonies.
Consummated
felonies
as
well
as
those
which
are
frustrated
and
attempted,
are
punishable.
A
felony
is
consummated
when
all
the
elements
necessary
for
its
execution
and
accomplishment
are
present;
and
it
is
frustrated
when
the
offender
performs
all
the
acts
of
execution
which
would
produce
the
felony
as
a
consequence
but
which,
nevertheless,
do
not
produce
it
by
reason
of
causes
independent
of
the
will
of
the
perpetrator.
There
is
an
attempt
when
the
offender
commences
the
commission
of
a
felony
directly
or
over
acts,
and
does
not
perform
all
the
acts
of
execution
which
should
produce
the
felony
by
reason
of
some
cause
or
accident
other
than
this
own
spontaneous
desistance.
Art.
7.
When
light
felonies
are
punishable.
Light
felonies
are
punishable
only
when
they
have
been
consummated,
with
the
exception
of
those
committed
against
person
or
property.
Art.
8.
Conspiracy
and
proposal
to
commit
felony.
Conspiracy
and
proposal
to
commit
felony
are
punishable
only
in
the
cases
in
which
the
law
specially
provides
a
penalty
therefor.
A
conspiracy
exists
when
two
or
more
persons
come
to
an
agreement
concerning
the
commission
of
a
felony
and
decide
to
commit
it.
There
is
proposal
when
the
person
who
has
decided
to
commit
a
felony
proposes
its
execution
to
some
other
person
or
persons.
Art.
9.
Grave
felonies,
less
grave
felonies
and
light
felonies.
Grave
felonies
are
those
to
which
the
law
attaches
the
capital
punishment
or
penalties
which
in
any
of
their
periods
are
afflictive,
in
accordance
with
Art.
25
of
this
Code.
Less
grave
felonies
are
those
which
the
law
punishes
with
penalties
which
in
their
maximum
period
are
correctional,
in
accordance
with
the
above-
mentioned
Art..
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Light
felonies
are
those
infractions
of
law
for
the
commission
of
which
a
penalty
of
arrest
menor
or
a
fine
not
exceeding
200
pesos
or
both;
is
provided.
Art.
10.
Offenses
not
subject
to
the
provisions
of
this
Code.
Offenses
which
are
or
in
the
future
may
be
punishable
under
special
laws
are
not
subject
to
the
provisions
of
this
Code.
This
Code
shall
be
supplementary
to
such
laws,
unless
the
latter
should
specially
provide
the
contrary.
Chapter
Two
JUSTIFYING
CIRCUMSTANCES
AND
CIRCUMSTANCES
WHICH
EXEMPT
FROM
CRIMINAL
LIABILITY
Art.
11.
Justifying
circumstances.
The
following
do
not
incur
any
criminal
liability:
1.
Anyone
who
acts
in
defense
of
his
person
or
rights,
provided
that
the
following
circumstances
concur;
First.
Unlawful
aggression.
Second.
Reasonable
necessity
of
the
means
employed
to
prevent
or
repel
it.
Third.
Lack
of
sufficient
provocation
on
the
part
of
the
person
defending
himself.
2.
Any
one
who
acts
in
defense
of
the
person
or
rights
of
his
spouse,
ascendants,
descendants,
or
legitimate,
natural
or
adopted
brothers
or
sisters,
or
his
relatives
by
affinity
in
the
same
degrees
and
those
consanguinity
within
the
fourth
civil
degree,
provided
that
the
first
and
second
requisites
prescribed
in
the
next
preceding
circumstance
are
present,
and
the
further
requisite,
in
case
the
revocation
was
given
by
the
person
attacked,
that
the
one
making
defense
had
no
part
therein.
3.
Anyone
who
acts
in
defense
of
the
person
or
rights
of
a
stranger,
provided
that
the
first
and
second
requisites
mentioned
in
the
first
circumstance
of
this
Art.
are
present
and
that
the
person
defending
be
not
induced
by
revenge,
resentment,
or
other
evil
motive.
4.
Any
person
who,
in
order
to
avoid
an
evil
or
injury,
does
not
act
which
causes
damage
to
another,
provided
that
the
following
requisites
are
present;
First.
That
the
evil
sought
to
be
avoided
actually
exists;
Second.
That
the
injury
feared
be
greater
than
that
done
to
avoid
it;
Third.
That
there
be
no
other
practical
and
less
harmful
means
of
preventing
it.
5.
Any
person
who
acts
in
the
fulfillment
of
a
duty
or
in
the
lawful
exercise
of
a
right
or
office.
6.
Any
person
who
acts
in
obedience
to
an
order
issued
by
a
superior
for
some
lawful
purpose.
Art.
12.
Circumstances
which
exempt
from
criminal
liability.
the
following
are
exempt
from
criminal
liability:
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1.
An
imbecile
or
an
insane
person,
unless
the
latter
has
acted
during
a
lucid
interval.
When
the
imbecile
or
an
insane
person
has
committed
an
act
which
the
law
defines
as
a
felony
(delito),
the
court
shall
order
his
confinement
in
one
of
the
hospitals
or
asylums
established
for
persons
thus
afflicted,
which
he
shall
not
be
permitted
to
leave
without
first
obtaining
the
permission
of
the
same
court.
2.
A
person
under
nine
years
of
age.
3.
A
person
over
nine
years
of
age
and
under
fifteen,
unless
he
has
acted
with
discernment,
in
which
case,
such
minor
shall
be
proceeded
against
in
accordance
with
the
provisions
of
Art.
80
of
this
Code.
When
such
minor
is
adjudged
to
be
criminally
irresponsible,
the
court,
in
conformably
with
the
provisions
of
this
and
the
preceding
paragraph,
shall
commit
him
to
the
care
and
custody
of
his
family
who
shall
be
charged
with
his
surveillance
and
education
otherwise,
he
shall
be
committed
to
the
care
of
some
institution
or
person
mentioned
in
said
Art.
80.
4.
Any
person
who,
while
performing
a
lawful
act
with
due
care,
causes
an
injury
by
mere
accident
without
fault
or
intention
of
causing
it.
5.
Any
person
who
act
under
the
compulsion
of
irresistible
force.
6.
Any
person
who
acts
under
the
impulse
of
an
uncontrollable
fear
of
an
equal
or
greater
injury.
7.
Any
person
who
fails
to
perform
an
act
required
by
law,
when
prevented
by
some
lawful
insuperable
cause.
Chapter
Three
CIRCUMSTANCES
WHICH
MITIGATE
CRIMINAL
LIABILITY
Art.
13.
Mitigating
circumstances.
The
following
are
mitigating
circumstances;
1.
Those
mentioned
in
the
preceding
chapter,
when
all
the
requisites
necessary
to
justify
or
to
exempt
from
criminal
liability
in
the
respective
cases
are
not
attendant.
2.
That
the
offender
is
under
eighteen
year
of
age
or
over
seventy
years.
In
the
case
of
the
minor,
he
shall
be
proceeded
against
in
accordance
with
the
provisions
of
Art.
80.
3.
That
the
offender
had
no
intention
to
commit
so
grave
a
wrong
as
that
committed.
4.
That
sufficient
provocation
or
threat
on
the
part
of
the
offended
party
immediately
preceded
the
act.
5.
That
the
act
was
committed
in
the
immediate
vindication
of
a
grave
offense
to
the
one
committing
the
felony
(delito),
his
spouse,
ascendants,
or
relatives
by
affinity
within
the
same
degrees.
6.
That
of
having
acted
upon
an
impulse
so
powerful
as
naturally
to
have
produced
passion
or
obfuscation.
7.
That
the
offender
had
voluntarily
surrendered
himself
to
a
person
in
authority
or
his
agents,
or
that
he
had
voluntarily
confessed
his
guilt
before
the
court
prior
to
the
presentation
of
the
evidence
for
the
prosecution;
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8.
That
the
offender
is
deaf
and
dumb,
blind
or
otherwise
suffering
some
physical
defect
which
thus
restricts
his
means
of
action,
defense,
or
communications
with
his
fellow
beings.
9.
Such
illness
of
the
offender
as
would
diminish
the
exercise
of
the
will-power
of
the
offender
without
however
depriving
him
of
the
consciousness
of
his
acts.
10.
And,
finally,
any
other
circumstances
of
a
similar
nature
and
analogous
to
those
above
mentioned.
Chapter
Four
CIRCUMSTANCE
WHICH
AGGRAVATE
CRIMINAL
LIABILITY
Art.
14.
Aggravating
circumstances.
The
following
are
aggravating
circumstances:
1.
That
advantage
be
taken
by
the
offender
of
his
public
position.
2.
That
the
crime
be
committed
in
contempt
or
with
insult
to
the
public
authorities.
3.
That
the
act
be
committed
with
insult
or
in
disregard
of
the
respect
due
the
offended
party
on
account
of
his
rank,
age,
or
sex,
or
that
is
be
committed
in
the
dwelling
of
the
offended
party,
if
the
latter
has
not
given
provocation.
4.
That
the
act
be
committed
with
abuse
of
confidence
or
obvious
ungratefulness.
5.
That
the
crime
be
committed
in
the
palace
of
the
Chief
Executive
or
in
his
presence,
or
where
public
authorities
are
engaged
in
the
discharge
of
their
duties,
or
in
a
place
dedicated
to
religious
worship.
6.
That
the
crime
be
committed
in
the
night
time,
or
in
an
uninhabited
place,
or
by
a
band,
whenever
such
circumstances
may
facilitate
the
commission
of
the
offense.
Whenever
more
than
three
armed
malefactors
shall
have
acted
together
in
the
commission
of
an
offense,
it
shall
be
deemed
to
have
been
committed
by
a
band.
7.
That
the
crime
be
committed
on
the
occasion
of
a
conflagration,
shipwreck,
earthquake,
epidemic
or
other
calamity
or
misfortune.
8.
That
the
crime
be
committed
with
the
aid
of
armed
men
or
persons
who
insure
or
afford
impunity.
9.
That
the
accused
is
a
recidivist.
A
recidivist
is
one
who,
at
the
time
of
his
trial
for
one
crime,
shall
have
been
previously
convicted
by
final
judgment
of
another
crime
embraced
in
the
same
title
of
this
Code.
10.
That
the
offender
has
been
previously
punished
by
an
offense
to
which
the
law
attaches
an
equal
or
greater
penalty
or
for
two
or
more
crimes
to
which
it
attaches
a
lighter
penalty.
11.
That
the
crime
be
committed
in
consideration
of
a
price,
reward,
or
promise.
12.
That
the
crime
be
committed
by
means
of
inundation,
fire,
poison,
explosion,
stranding
of
a
vessel
or
international
damage
thereto,
derailment
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of
a
locomotive,
or
by
the
use
of
any
other
artifice
involving
great
waste
and
ruin.
13.
That
the
act
be
committed
with
evidence
premeditation.
14.
That
the
craft,
fraud
or
disguise
be
employed.
15.
That
advantage
be
taken
of
superior
strength,
or
means
be
employed
to
weaken
the
defense.
16.
That
the
act
be
committed
with
treachery
(alevosia).
There
is
treachery
when
the
offender
commits
any
of
the
crimes
against
the
person,
employing
means,
methods,
or
forms
in
the
execution
thereof
which
tend
directly
and
specially
to
insure
its
execution,
without
risk
to
himself
arising
from
the
defense
which
the
offended
party
might
make.
17.
That
means
be
employed
or
circumstances
brought
about
which
add
ignominy
to
the
natural
effects
of
the
act.
18.
That
the
crime
be
committed
after
an
unlawful
entry.
There
is
an
unlawful
entry
when
an
entrance
of
a
crime
a
wall,
roof,
floor,
door,
or
window
be
broken.
20.
That
the
crime
be
committed
with
the
aid
of
persons
under
fifteen
years
of
age
or
by
means
of
motor
vehicles,
motorized
watercraft,
airships,
or
other
similar
means.
(As
amended
by
RA
5438).
21.
That
the
wrong
done
in
the
commission
of
the
crime
be
deliberately
augmented
by
causing
other
wrong
not
necessary
for
its
commissions.
Chapter
Five
ALTERNATIVE
CIRCUMSTANCES
Art.
15.
Their
concept.
Alternative
circumstances
are
those
which
must
be
taken
into
consideration
as
aggravating
or
mitigating
according
to
the
nature
and
effects
of
the
crime
and
the
other
conditions
attending
its
commission.
They
are
the
relationship,
intoxication
and
the
degree
of
instruction
and
education
of
the
offender.
The
alternative
circumstance
of
relationship
shall
be
taken
into
consideration
when
the
offended
party
in
the
spouse,
ascendant,
descendant,
legitimate,
natural,
or
adopted
brother
or
sister,
or
relative
by
affinity
in
the
same
degrees
of
the
offender.
The
intoxication
of
the
offender
shall
be
taken
into
consideration
as
a
mitigating
circumstances
when
the
offender
has
committed
a
felony
in
a
state
of
intoxication,
if
the
same
is
not
habitual
or
subsequent
to
the
plan
to
commit
said
felony
but
when
the
intoxication
is
habitual
or
intentional,
it
shall
be
considered
as
an
aggravating
circumstance.
Title
Two
PERSONS
CRIMINALLY
LIABLE
FOR
FELONIES
Art.
16.
Who
are
criminally
liable.
The
following
are
criminally
liable
for
grave
and
less
grave
felonies:
1.
Principals.
2.
Accomplices.
chanrobles
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library
3.
Accessories.
The
following
are
criminally
liable
for
light
felonies:
1.
Principals
2.
Accomplices.
Art.
17.
Principals.
The
following
are
considered
principals:
1.
Those
who
take
a
direct
part
in
the
execution
of
the
act;
2.
Those
who
directly
force
or
induce
others
to
commit
it;
3.
Those
who
cooperate
in
the
commission
of
the
offense
by
another
act
without
which
it
would
not
have
been
accomplished.
Art.
18.
Accomplices.
Accomplices
are
those
persons
who,
not
being
included
in
Art.
17,
cooperate
in
the
execution
of
the
offense
by
previous
or
simultaneous
acts.
Art.
19.
Accessories.
Accessories
are
those
who,
having
knowledge
of
the
commission
of
the
crime,
and
without
having
participated
therein,
either
as
principals
or
accomplices,
take
part
subsequent
to
its
commission
in
any
of
the
following
manners:
1.
By
profiting
themselves
or
assisting
the
offender
to
profit
by
the
effects
of
the
crime.
2.
By
concealing
or
destroying
the
body
of
the
crime,
or
the
effects
or
instruments
thereof,
in
order
to
prevent
its
discovery.
3.
By
harboring,
concealing,
or
assisting
in
the
escape
of
the
principals
of
the
crime,
provided
the
accessory
acts
with
abuse
of
his
public
functions
or
whenever
the
author
of
the
crime
is
guilty
of
treason,
parricide,
murder,
or
an
attempt
to
take
the
life
of
the
Chief
Executive,
or
is
known
to
be
habitually
guilty
of
some
other
crime.
Art.
20.
Accessories
who
are
exempt
from
criminal
liability.
The
penalties
prescribed
for
accessories
shall
not
be
imposed
upon
those
who
are
such
with
respect
to
their
spouses,
ascendants,
descendants,
legitimate,
natural,
and
adopted
brothers
and
sisters,
or
relatives
by
affinity
within
the
same
degrees,
with
the
single
exception
of
accessories
falling
within
the
provisions
of
paragraph
1
of
the
next
preceding
article.
Title
Three
P
E
N
A
L
T
I
E
S
Chapter
One
PENALTIES
IN
GENERAL
Art.
21.
Penalties
that
may
be
imposed.
No
felony
shall
be
punishable
by
any
penalty
not
prescribed
by
law
prior
to
its
commission.
Art.
22.
Retroactive
effect
of
penal
laws.
Penal
Laws
shall
have
a
retroactive
effect
insofar
as
they
favor
the
persons
guilty
of
a
felony,
who
is
not
a
habitual
criminal,
as
this
term
is
defined
in
Rule
5
of
Article
62
of
this
Code,
although
at
the
time
of
the
publication
of
such
laws
a
final
sentence
has
been
pronounced
and
the
convict
is
serving
the
same.
Art.
23.
Effect
of
pardon
by
the
offended
party.
A
pardon
of
the
offended
party
does
not
extinguish
criminal
action
except
as
provided
in
Article
344
of
chanrobles
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law
library
this
Code;
but
civil
liability
with
regard
to
the
interest
of
the
injured
party
is
extinguished
by
his
express
waiver.
Art.
24.
Measures
of
prevention
or
safety
which
are
nor
considered
penalties.
The
following
shall
not
be
considered
as
penalties:
1.
The
arrest
and
temporary
detention
of
accused
persons,
as
well
as
their
detention
by
reason
of
insanity
or
imbecility,
or
illness
requiring
their
confinement
in
a
hospital.
2.
The
commitment
of
a
minor
to
any
of
the
institutions
mentioned
in
Article
80
and
for
the
purposes
specified
therein.
3.
Suspension
from
the
employment
of
public
office
during
the
trial
or
in
order
to
institute
proceedings.
4.
Fines
and
other
corrective
measures
which,
in
the
exercise
of
their
administrative
disciplinary
powers,
superior
officials
may
impose
upon
their
subordinates.
5.
Deprivation
of
rights
and
the
reparations
which
the
civil
laws
may
establish
in
penal
form.
Chapter
Two
CLASSIFICATION
OF
PENALTIES
Art.
25.
Penalties
which
may
be
imposed.
The
penalties
which
may
be
imposed
according
to
this
Code,
and
their
different
classes,
are
those
included
in
the
following:
Scale
Principal
Penalties
Capital
punishment:
Death.
Afflictive
penalties:
Reclusion
perpetua,
Reclusion
temporal,
Perpetual
or
temporary
absolute
disqualification,
Perpetual
or
temporary
special
disqualification,
Prision
mayor.
Correctional
penalties:
Prision
correccional,
Arresto
mayor,
Suspension,
Destierro.
Light
penalties:
Arresto
menor,
Public
censure.
Penalties
common
to
the
three
preceding
classes:
Fine,
and
Bond
to
keep
the
peace.
Accessory
Penalties
Perpetual
or
temporary
absolute
disqualification,
Perpetual
or
temporary
special
disqualification,
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library
Suspension
from
public
office,
the
right
to
vote
and
be
voted
for,
the
profession
or
calling.
Civil
interdiction,
Indemnification,
Forfeiture
or
confiscation
of
instruments
and
proceeds
of
the
offense,
Payment
of
costs.
Art.
26.
When
afflictive,
correctional,
or
light
penalty.
A
fine,
whether
imposed
as
a
single
of
as
an
alternative
penalty,
shall
be
considered
an
afflictive
penalty,
if
it
exceeds
6,000
pesos;
a
correctional
penalty,
if
it
does
not
exceed
6,000
pesos
but
is
not
less
than
200
pesos;
and
a
light
penalty
if
it
less
than
200
pesos.
Chapter
Three
DURATION
AND
EFFECTS
OF
PENALTIES
Section
One.
Duration
of
Penalties
Art.
27.
Reclusion
perpetua.
Any
person
sentenced
to
any
of
the
perpetual
penalties
shall
be
pardoned
after
undergoing
the
penalty
for
thirty
years,
unless
such
person
by
reason
of
his
conduct
or
some
other
serious
cause
shall
be
considered
by
the
Chief
Executive
as
unworthy
of
pardon.
Reclusion
temporal.
The
penalty
of
reclusion
temporal
shall
be
from
twelve
years
and
one
day
to
twenty
years.
Prision
mayor
and
temporary
disqualification.
The
duration
of
the
penalties
of
prision
mayor
and
temporary
disqualification
shall
be
from
six
years
and
one
day
to
twelve
years,
except
when
the
penalty
of
disqualification
is
imposed
as
an
accessory
penalty,
in
which
case
its
duration
shall
be
that
of
the
principal
penalty.
Prision
correccional,
suspension,
and
destierro.
The
duration
of
the
penalties
of
prision
correccional,
suspension
and
destierro
shall
be
from
six
months
and
one
day
to
six
years,
except
when
suspension
is
imposed
as
an
accessory
penalty,
in
which
case,
its
duration
shall
be
that
of
the
principal
penalty.
Arresto
mayor.
The
duration
of
the
penalty
of
arresto
mayor
shall
be
from
one
month
and
one
day
to
six
months.
Arresto
menor.
The
duration
of
the
penalty
of
arresto
menor
shall
be
from
one
day
to
thirty
days.
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.
28.
Computation
of
penalties.
If
the
offender
shall
be
in
prison,
the
term
of
the
duration
of
the
temporary
penalties
shall
be
computed
from
the
day
on
which
the
judgment
of
conviction
shall
have
become
final.
If
the
offender
be
not
in
prison,
the
term
of
the
duration
of
the
penalty
consisting
of
deprivation
of
liberty
shall
be
computed
from
the
day
that
the
offender
is
placed
at
the
disposal
of
the
judicial
authorities
for
the
enforcement
of
the
penalty.
The
duration
of
the
other
penalties
shall
be
computed
only
from
the
day
on
which
the
defendant
commences
to
serve
his
sentence.
chanrobles
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library
Art.
43.
Prision
correccional;
Its
accessory
penalties.
The
penalty
of
prision
correccional
shall
carry
with
it
that
of
suspension
from
public
office,
from
the
right
to
follow
a
profession
or
calling,
and
that
of
perpetual
special
disqualification
from
the
right
of
suffrage,
if
the
duration
of
said
imprisonment
shall
exceed
eighteen
months.
The
offender
shall
suffer
the
disqualification
provided
in
the
article
although
pardoned
as
to
the
principal
penalty,
unless
the
same
shall
have
been
expressly
remitted
in
the
pardon.
Art.
44.
Arresto;
Its
accessory
penalties.
The
penalty
of
arresto
shall
carry
with
it
that
of
suspension
of
the
right
too
hold
office
and
the
right
of
suffrage
during
the
term
of
the
sentence.
Art.
45.
Confiscation
and
forfeiture
of
the
proceeds
or
instruments
of
the
crime.
Every
penalty
imposed
for
the
commission
of
a
felony
shall
carry
with
it
the
forfeiture
of
the
proceeds
of
the
crime
and
the
instruments
or
tools
with
which
it
was
committed.
Such
proceeds
and
instruments
or
tools
shall
be
confiscated
and
forfeited
in
favor
of
the
Government,
unless
they
be
property
of
a
third
person
not
liable
for
the
offense,
but
those
articles
which
are
not
subject
of
lawful
commerce
shall
be
destroyed.
Chapter
Four
APPLICATION
OF
PENALTIES
Section
One.
Rules
for
the
application
of
penalties
to
the
persons
criminally
liable
and
for
the
graduation
of
the
same.
Art.
46.
Penalty
to
be
imposed
upon
principals
in
general.
The
penalty
prescribed
by
law
for
the
commission
of
a
felony
shall
be
imposed
upon
the
principals
in
the
commission
of
such
felony.
Whenever
the
law
prescribes
a
penalty
for
a
felony
is
general
terms,
it
shall
be
understood
as
applicable
to
the
consummated
felony.
Art.
47.
In
what
cases
the
death
penalty
shall
not
be
imposed.
The
death
penalty
shall
be
imposed
in
all
cases
in
which
it
must
be
imposed
under
existing
laws,
except
in
the
following
cases:
1.
When
the
guilty
person
be
more
than
seventy
years
of
age.
2.
When
upon
appeal
or
revision
of
the
case
by
the
Supreme
court,
all
the
members
thereof
are
not
unanimous
in
their
voting
as
to
the
propriety
of
the
imposition
of
the
death
penalty.
For
the
imposition
of
said
penalty
or
for
the
confirmation
of
a
judgment
of
the
inferior
court
imposing
the
death
sentence,
the
Supreme
Court
shall
render
its
decision
per
curiam,
which
shall
be
signed
by
all
justices
of
said
court,
unless
some
member
or
members
thereof
shall
have
been
disqualified
from
taking
part
in
the
consideration
of
the
case,
in
which
even
the
unanimous
vote
and
signature
of
only
the
remaining
justices
shall
be
required.
Art.
48.
Penalty
for
complex
crimes.
When
a
single
act
constitutes
two
or
more
grave
or
less
grave
felonies,
or
when
an
offense
is
a
necessary
means
for
committing
the
other,
the
penalty
for
the
most
serious
crime
shall
be
imposed,
the
same
to
be
applied
in
its
maximum
period.
chanrobles
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library
Art.
49.
Penalty
to
be
imposed
upon
the
principals
when
the
crime
committed
is
different
from
that
intended.
In
cases
in
which
the
felony
committed
is
different
from
that
which
the
offender
intended
to
commit,
the
following
rules
shall
be
observed:
1.
If
the
penalty
prescribed
for
the
felony
committed
be
higher
than
that
corresponding
to
the
offense
which
the
accused
intended
to
commit,
the
penalty
corresponding
to
the
latter
shall
be
imposed
in
its
maximum
period.
2.
If
the
penalty
prescribed
for
the
felony
committed
be
lower
than
that
corresponding
to
the
one
which
the
accused
intended
to
commit,
the
penalty
for
the
former
shall
be
imposed
in
its
maximum
period.
3.
The
rule
established
by
the
next
preceding
paragraph
shall
not
be
applicable
if
the
acts
committed
by
the
guilty
person
shall
also
constitute
an
attempt
or
frustration
of
another
crime,
if
the
law
prescribes
a
higher
penalty
for
either
of
the
latter
offenses,
in
which
case
the
penalty
provided
for
the
attempted
or
the
frustrated
crime
shall
be
imposed
in
its
maximum
period.
Art.
50.
Penalty
to
be
imposed
upon
principals
of
a
frustrated
crime.
The
penalty
next
lower
in
degree
than
that
prescribed
by
law
for
the
consummated
felony
shall
be
imposed
upon
the
principal
in
a
frustrated
felony.
Art.
51.
Penalty
to
be
imposed
upon
principals
of
attempted
crimes.
A
penalty
lower
by
two
degrees
than
that
prescribed
by
law
for
the
consummated
felony
shall
be
imposed
upon
the
principals
in
an
attempt
to
commit
a
felony.
Art.
52.
Penalty
to
be
imposed
upon
accomplices
in
consummated
crime.
The
penalty
next
lower
in
degree
than
that
prescribed
by
law
for
the
consummated
shall
be
imposed
upon
the
accomplices
in
the
commission
of
a
consummated
felony.
Art.
53.
Penalty
to
be
imposed
upon
accessories
to
the
commission
of
a
consummated
felony.
The
penalty
lower
by
two
degrees
than
that
prescribed
by
law
for
the
consummated
felony
shall
be
imposed
upon
the
accessories
to
the
commission
of
a
consummated
felony.
Art.
54.
Penalty
to
imposed
upon
accomplices
in
a
frustrated
crime.
The
penalty
next
lower
in
degree
than
prescribed
by
law
for
the
frustrated
felony
shall
be
imposed
upon
the
accomplices
in
the
commission
of
a
frustrated
felony.
Art.
55.
Penalty
to
be
imposed
upon
accessories
of
a
frustrated
crime.
The
penalty
lower
by
two
degrees
than
that
prescribed
by
law
for
the
frustrated
felony
shall
be
imposed
upon
the
accessories
to
the
commission
of
a
frustrated
felony.
Art.
56.
Penalty
to
be
imposed
upon
accomplices
in
an
attempted
crime.
The
penalty
next
lower
in
degree
than
that
prescribed
by
law
for
an
attempt
to
commit
a
felony
shall
be
imposed
upon
the
accomplices
in
an
attempt
to
commit
the
felony.
Art.
57.
Penalty
to
be
imposed
upon
accessories
of
an
attempted
crime.
The
penalty
lower
by
two
degrees
than
that
prescribed
by
law
for
the
attempted
felony
shall
be
imposed
upon
the
accessories
to
the
attempt
to
commit
a
felony.
chanrobles
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library
5.
When
the
law
prescribes
a
penalty
for
a
crime
in
some
manner
not
especially
provided
for
in
the
four
preceding
rules,
the
courts,
proceeding
by
analogy,
shall
impose
corresponding
penalties
upon
those
guilty
as
principals
of
the
frustrated
felony,
or
of
attempt
to
commit
the
same,
and
upon
accomplices
and
accessories.
TABULATION
OF
THE
PROVISIONS
OF
THE
CHAPTER
Penalty
Penalty
to
be
Penalty
to
be
Penalty
to
be
Penalty
to
Prescribe
imposed
imposed
imposed
be
for
the
upon
the
upon
the
upon
the
imposed
crime
principal
in
a
principal
in
accessory
in
upon
the
frustrated
an
attempted
a
frustrated
accessory
crime,
and
crime,
the
crime,
and
in
an
accomplice
in
accessory
in
the
attempted
a
the
accomplices
crime
consummated
consummated
in
an
crime
crime
and
the
attempted
accomplices
crime
in
a
frustrated
crime.
First
Death
Reclusion
Reclusion
Prision
Mayor
Prision
chanrobles
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library
Case
Perpetua
Temporal
Correccional
Second
Reclusion
Reclusion
Prision
Mayor
Prision
Arresto
Case
Perpetuato
Temporal
Correccional
Mayor
Death
Third
Reclusion
Prision
Prision
Arresto
Fine
Case
Temporalin
Mayor
in
its
correccional
in
Mayorin
it
s
andArresto
its
maximum
its
maximum
maximum
Mayor
in
its
maximum
period
period
period
minimum
period
to
toreclusion
to
prision
toprision
and
death
temporal
in
its
mayor
in
its
correccionalin
medium
medium
medium
its
medium
periods
period
period
period
Fourth
Prision
Prision
Arresto
Fine
Fine.
Case
Mayor
in
correccional
in
mayorin
its
andArresto
its
its
maximum
maximum
Mayorin
its
maximum
period
period
minimum
and
period
to
prision
to
prision
medium
toreclusion
mayor
in
its
correccional
in
periods
temporal
in
medium
its
medium
its
medium
period.
period.
period.
Section
Two.
Rules
for
the
application
of
penalties
with
regard
to
the
mitigating
and
aggravating
circumstances,
and
habitual
delinquency.
Art.
62.
Effect
of
the
attendance
of
mitigating
or
aggravating
circumstances
and
of
habitual
delinquency.
Mitigating
or
aggravating
circumstances
and
habitual
delinquency
shall
be
taken
into
account
for
the
purpose
of
diminishing
or
increasing
the
penalty
in
conformity
with
the
following
rules:
1.
Aggravating
circumstances
which
in
themselves
constitute
a
crime
specially
punishable
by
law
or
which
are
included
by
the
law
in
defining
a
crime
and
prescribing
the
penalty
therefor
shall
not
be
taken
into
account
for
the
purpose
of
increasing
the
penalty.
2.
The
same
rule
shall
apply
with
respect
to
any
aggravating
circumstance
inherent
in
the
crime
to
such
a
degree
that
it
must
of
necessity
accompany
the
commission
thereof.
3.
Aggravating
or
mitigating
circumstances
which
arise
from
the
moral
attributes
of
the
offender,
or
from
his
private
relations
with
the
offended
party,
or
from
any
other
personal
cause,
shall
only
serve
to
aggravate
or
mitigate
the
liability
of
the
principals,
accomplices
and
accessories
as
to
whom
such
circumstances
are
attendant.
4.
The
circumstances
which
consist
in
the
material
execution
of
the
act,
or
in
the
means
employed
to
accomplish
it,
shall
serve
to
aggravate
or
mitigate
the
liability
of
those
persons
only
who
had
knowledge
of
them
at
the
time
of
the
execution
of
the
act
or
their
cooperation
therein.
chanrobles
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library
2.
Upon
a
person
over
fifteen
and
under
eighteen
years
of
age
the
penalty
next
lower
than
that
prescribed
by
law
shall
be
imposed,
but
always
in
the
proper
period.
Art.
69.
Penalty
to
be
imposed
when
the
crime
committed
is
not
wholly
excusable.
A
penalty
lower
by
one
or
two
degrees
than
that
prescribed
by
law
shall
be
imposed
if
the
deed
is
not
wholly
excusable
by
reason
of
the
lack
of
some
of
the
conditions
required
to
justify
the
same
or
to
exempt
from
criminal
liability
in
the
several
cases
mentioned
in
Article
11
and
12,
provided
that
the
majority
of
such
conditions
be
present.
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
exemption
present
or
lacking.
Art.
70.
Successive
service
of
sentence.
When
the
culprit
has
to
serve
two
or
more
penalties,
he
shall
serve
them
simultaneously
if
the
nature
of
the
penalties
will
so
permit
otherwise,
the
following
rules
shall
be
observed:
In
the
imposition
of
the
penalties,
the
order
of
their
respective
severity
shall
be
followed
so
that
they
may
be
executed
successively
or
as
nearly
as
may
be
possible,
should
a
pardon
have
been
granted
as
to
the
penalty
or
penalties
first
imposed,
or
should
they
have
been
served
out.
For
the
purpose
of
applying
the
provisions
of
the
next
preceding
paragraph
the
respective
severity
of
the
penalties
shall
be
determined
in
accordance
with
the
following
scale:
1.
Death,
2.
Reclusion
perpetua,
3.
Reclusion
temporal,
4.
Prision
mayor,
5.
Prision
correccional,
6.
Arresto
mayor,
7.
Arresto
menor,
8.
Destierro,
9.
Perpetual
absolute
disqualification,
10
Temporal
absolute
disqualification.
11.
Suspension
from
public
office,
the
right
to
vote
and
be
voted
for,
the
right
to
follow
a
profession
or
calling,
and
12.
Public
censure.
Notwithstanding
the
provisions
of
the
rule
next
preceding,
the
maximum
duration
of
the
convict's
sentence
shall
not
be
more
than
three-fold
the
length
of
time
corresponding
to
the
most
severe
of
the
penalties
imposed
upon
him.
No
other
penalty
to
which
he
may
be
liable
shall
be
inflicted
after
the
sum
total
of
those
imposed
equals
the
same
maximum
period.
Such
maximum
period
shall
in
no
case
exceed
forty
years.
In
applying
the
provisions
of
this
rule
the
duration
of
perpetual
penalties
(pena
perpetua)
shall
be
computed
at
thirty
years.
(As
amended).
Art.
71.
Graduated
scales.
In
the
case
in
which
the
law
prescribed
a
penalty
lower
or
higher
by
one
or
more
degrees
than
another
given
penalty,
the
rules
prescribed
in
Article
61
shall
be
observed
in
graduating
such
penalty.
chanrobles
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The
lower
or
higher
penalty
shall
be
taken
from
the
graduated
scale
in
which
is
comprised
the
given
penalty.
The
courts,
in
applying
such
lower
or
higher
penalty,
shall
observe
the
following
graduated
scales:
SCALE
NO.
1
1.
Death,
2.
Reclusion
perpetua,
3.
Reclusion
temporal,
4.
Prision
mayor,
5.
Prision
correccional,
6.
Arresto
mayor,
7.
Destierro,
8.
Arresto
menor,
9.
Public
censure,
10.
Fine.
SCALE
NO.
2
1.
Perpetual
absolute
disqualification,
2.
Temporal
absolute
disqualification
3.
Suspension
from
public
office,
the
right
to
vote
and
be
voted
for,
the
right
to
follow
a
profession
or
calling,
4.
Public
censure,
5.
Fine.
Art.
72.
Preference
in
the
payment
of
the
civil
liabilities.
The
civil
liabilities
of
a
person
found
guilty
of
two
or
more
offenses
shall
be
satisfied
by
following
the
chronological
order
of
the
dates
of
the
judgments
rendered
against
him,
beginning
with
the
first
in
order
of
time.
Section
Three.
Provisions
common
in
the
last
two
preceding
sections
Art.
73.
Presumption
in
regard
to
the
imposition
of
accessory
penalties
.
Whenever
the
courts
shall
impose
a
penalty
which,
by
provision
of
law,
carries
with
it
other
penalties,
according
to
the
provisions
of
Articles
40,
41,
42,
43
and
44
of
this
Code,
it
must
be
understood
that
the
accessory
penalties
are
also
imposed
upon
the
convict.
Art.
74.
Penalty
higher
than
reclusion
perpetua
in
certain
cases.
In
cases
in
which
the
law
prescribes
a
penalty
higher
than
another
given
penalty,
without
specially
designating
the
name
of
the
former,
if
such
higher
penalty
should
be
that
of
death,
the
same
penalty
and
the
accessory
penalties
of
Article
40,
shall
be
considered
as
the
next
higher
penalty.
Art.
75.
Increasing
or
reducing
the
penalty
of
fine
by
one
or
more
degrees.
Whenever
it
may
be
necessary
to
increase
or
reduce
the
penalty
of
fine
by
one
or
more
degrees,
it
shall
be
increased
or
reduced,
respectively,
for
each
degree,
by
one-fourth
of
the
maximum
amount
prescribed
by
law,
without
however,
changing
the
minimum.
The
same
rules
shall
be
observed
with
regard
of
fines
that
do
not
consist
of
a
fixed
amount,
but
are
made
proportional.
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Art.
76.
Legal
period
of
duration
of
divisible
penalties.
The
legal
period
of
duration
of
divisible
penalties
shall
be
considered
as
divided
into
three
parts,
forming
three
periods,
the
minimum,
the
medium,
and
the
maximum
in
the
manner
shown
in
the
following
table:
TABLE
SHOWING
THE
DURATION
OF
DIVISIBLE
PENALTIES
AND
THE
TIME
INCLUDED
IN
EACH
OF
THEIR
PERIODS
Penalties
Time
Time
Time
Time
included
included
included
included
in
the
in
its
in
its
in
its
penalty
minimum
medium
maximum
in
its
period
period
entirety
Reclusion
temporal
From
12
From
12
From
14
From
17
years
years
and
years,
8
years,
4
and
1
1
day
to
months
months
day
to
20
14
years
and
1
and
1
day
years.
and
8
day
to
17
to
20
months.
years
years.
and
4
months.
Prision
mayor,absolute
From
6
From
6
From
8
From
10
disqualification
and
years
years
and
years
years
and
special
temporary
and
1
1
day
to
8
and
1
1
day
to
disqualification
day
to
12
years.
day
to
10
12
years.
years.
years.
Prision
From
6
From
6
From
2
From
4
correccional,suspension
months
months
years,
4
years,
2
anddestierro
and
1
and
1
day
months
months
day
to
6
to
2
years
and
1
and
1
day
years.
and
4
day
to
4
to
6
years.
months.
years
and
2
months.
Arresto
mayor
From
1
From
1
to
From
2
From
4
month
2
months.
months
months
and
1
and
1
and
1
day
day
to
day
to
4
to
6
months.
months.
months.
Arresto
menor
From
1
From
1
to
From
11
From
21
to
30
10
days.
to
20
to
30
days.
days.
days.
Art.
77.
When
the
penalty
is
a
complex
one
composed
of
three
distinct
penalties.
In
cases
in
which
the
law
prescribes
a
penalty
composed
of
three
distinct
penalties,
each
one
shall
form
a
period;
the
lightest
of
them
shall
be
the
minimum
the
next
the
medium,
and
the
most
severe
the
maximum
period.
Whenever
the
penalty
prescribed
does
not
have
one
of
the
forms
specially
provided
for
in
this
Code,
the
periods
shall
be
distributed,
applying
by
analogy
the
prescribed
rules.
Chapter
Five
EXECUTION
AND
SERVICE
OF
PENALTIES
Section
One.
General
Provisions
Art.
78.
When
and
how
a
penalty
is
to
be
executed.
No
penalty
shall
be
executed
except
by
virtue
of
a
final
judgment.
A
penalty
shall
not
be
executed
in
any
other
form
than
that
prescribed
by
law,
nor
with
any
other
circumstances
or
incidents
than
those
expressly
authorized
thereby.
In
addition
to
the
provisions
of
the
law,
the
special
regulations
prescribed
for
the
government
of
the
institutions
in
which
the
penalties
are
to
be
suffered
shall
be
observed
with
regard
to
the
character
of
the
work
to
be
performed,
the
time
of
its
performance,
and
other
incidents
connected
therewith,
the
relations
of
the
convicts
among
themselves
and
other
persons,
the
relief
which
they
may
receive,
and
their
diet.
The
regulations
shall
make
provision
for
the
separation
of
the
sexes
in
different
institutions,
or
at
least
into
different
departments
and
also
for
the
correction
and
reform
of
the
convicts.
Art.
79.
Suspension
of
the
execution
and
service
of
the
penalties
in
case
of
insanity.
When
a
convict
shall
become
insane
or
an
imbecile
after
final
sentence
has
been
pronounced,
the
execution
of
said
sentence
shall
be
suspended
only
with
regard
to
the
personal
penalty,
the
provisions
of
the
second
paragraph
of
circumstance
number
1
of
Article
12
being
observed
in
the
corresponding
cases.
If
at
any
time
the
convict
shall
recover
his
reason,
his
sentence
shall
be
executed,
unless
the
penalty
shall
have
prescribed
in
accordance
with
the
provisions
of
this
Code.
The
respective
provisions
of
this
section
shall
also
be
observed
if
the
insanity
or
imbecility
occurs
while
the
convict
is
serving
his
sentence.
Art.
80.
Suspension
of
sentence
of
minor
delinquents.
Whenever
a
minor
of
either
sex,
under
sixteen
years
of
age
at
the
date
of
the
commission
of
a
grave
or
less
grave
felony,
is
accused
thereof,
the
court,
after
hearing
the
evidence
in
the
proper
proceedings,
instead
of
pronouncing
judgment
of
conviction,
shall
suspend
all
further
proceedings
and
shall
commit
such
minor
to
the
custody
or
care
of
a
public
or
private,
benevolent
or
charitable
institution,
established
under
the
law
of
the
care,
correction
or
education
of
orphaned,
homeless,
defective,
and
delinquent
children,
or
to
the
custody
or
care
of
any
other
responsible
person
in
any
other
place
subject
to
visitation
and
supervision
by
the
Director
of
Public
Welfare
or
any
of
his
agents
or
representatives,
if
there
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Second.
In
cases
falling
within
subdivision
4
of
Article
11,
the
persons
for
whose
benefit
the
harm
has
been
prevented
shall
be
civilly
liable
in
proportion
to
the
benefit
which
they
may
have
received.
The
courts
shall
determine,
in
sound
discretion,
the
proportionate
amount
for
which
each
one
shall
be
liable.
When
the
respective
shares
cannot
be
equitably
determined,
even
approximately,
or
when
the
liability
also
attaches
to
the
Government,
or
to
the
majority
of
the
inhabitants
of
the
town,
and,
in
all
events,
whenever
the
damages
have
been
caused
with
the
consent
of
the
authorities
or
their
agents,
indemnification
shall
be
made
in
the
manner
prescribed
by
special
laws
or
regulations.
Third.
In
cases
falling
within
subdivisions
5
and
6
of
Article
12,
the
persons
using
violence
or
causing
the
fears
shall
be
primarily
liable
and
secondarily,
or,
if
there
be
no
such
persons,
those
doing
the
act
shall
be
liable,
saving
always
to
the
latter
that
part
of
their
property
exempt
from
execution.
Art.
102.
Subsidiary
civil
liability
of
innkeepers,
tavernkeepers
and
proprietors
of
establishments.
In
default
of
the
persons
criminally
liable,
innkeepers,
tavernkeepers,
and
any
other
persons
or
corporations
shall
be
civilly
liable
for
crimes
committed
in
their
establishments,
in
all
cases
where
a
violation
of
municipal
ordinances
or
some
general
or
special
police
regulation
shall
have
been
committed
by
them
or
their
employees.
Innkeepers
are
also
subsidiarily
liable
for
the
restitution
of
goods
taken
by
robbery
or
theft
within
their
houses
from
guests
lodging
therein,
or
for
the
payment
of
the
value
thereof,
provided
that
such
guests
shall
have
notified
in
advance
the
innkeeper
himself,
or
the
person
representing
him,
of
the
deposit
of
such
goods
within
the
inn;
and
shall
furthermore
have
followed
the
directions
which
such
innkeeper
or
his
representative
may
have
given
them
with
respect
to
the
care
and
vigilance
over
such
goods.
No
liability
shall
attach
in
case
of
robbery
with
violence
against
or
intimidation
of
persons
unless
committed
by
the
innkeeper's
employees.
Art.
103.
Subsidiary
civil
liability
of
other
persons.
The
subsidiary
liability
established
in
the
next
preceding
article
shall
also
apply
to
employers,
teachers,
persons,
and
corporations
engaged
in
any
kind
of
industry
for
felonies
committed
by
their
servants,
pupils,
workmen,
apprentices,
or
employees
in
the
discharge
of
their
duties.
Chapter
Two
WHAT
CIVIL
LIABILITY
INCLUDES
Art.
104.
What
is
included
in
civil
liability.
The
civil
liability
established
in
Articles
100,
101,
102,
and
103
of
this
Code
includes:
1.
Restitution;
2.
Reparation
of
the
damage
caused;
3.
Indemnification
for
consequential
damages.
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Art.
105.
Restitution;
How
made.
The
restitution
of
the
thing
itself
must
be
made
whenever
possible,
with
allowance
for
any
deterioration,
or
diminution
of
value
as
determined
by
the
court.
The
thing
itself
shall
be
restored,
even
though
it
be
found
in
the
possession
of
a
third
person
who
has
acquired
it
by
lawful
means,
saving
to
the
latter
his
action
against
the
proper
person,
who
may
be
liable
to
him.
This
provision
is
not
applicable
in
cases
in
which
the
thing
has
been
acquired
by
the
third
person
in
the
manner
and
under
the
requirements
which,
by
law,
bar
an
action
for
its
recovery.
Art.
106.
Reparation;
How
made.
The
court
shall
determine
the
amount
of
damage,
taking
into
consideration
the
price
of
the
thing,
whenever
possible,
and
its
special
sentimental
value
to
the
injured
party,
and
reparation
shall
be
made
accordingly.
Art.
107.
Indemnification;
What
is
included.
Indemnification
for
consequential
damages
shall
include
not
only
those
caused
the
injured
party,
but
also
those
suffered
by
his
family
or
by
a
third
person
by
reason
of
the
crime.
Art.
108.
Obligation
to
make
restoration,
reparation
for
damages,
or
indemnification
for
consequential
damages
and
actions
to
demand
the
same;
Upon
whom
it
devolves.
The
obligation
to
make
restoration
or
reparation
for
damages
and
indemnification
for
consequential
damages
devolves
upon
the
heirs
of
the
person
liable.
The
action
to
demand
restoration,
reparation,
and
indemnification
likewise
descends
to
the
heirs
of
the
person
injured.
Art.
109.
Share
of
each
person
civilly
liable.
If
there
are
two
or
more
persons
civilly
liable
for
a
felony,
the
courts
shall
determine
the
amount
for
which
each
must
respond.
Art.
110.
Several
and
subsidiary
liability
of
principals,
accomplices
and
accessories
of
a
felony;
Preference
in
payment.
Notwithstanding
the
provisions
of
the
next
preceding
article,
the
principals,
accomplices,
and
accessories,
each
within
their
respective
class,
shall
be
liable
severally
(in
solidum)
among
themselves
for
their
quotas,
and
subsidiaries
for
those
of
the
other
persons
liable.
The
subsidiary
liability
shall
be
enforced,
first
against
the
property
of
the
principals;
next,
against
that
of
the
accomplices,
and,
lastly,
against
that
of
the
accessories.
Whenever
the
liability
in
solidum
or
the
subsidiary
liability
has
been
enforced,
the
person
by
whom
payment
has
been
made
shall
have
a
right
of
action
against
the
others
for
the
amount
of
their
respective
shares.
Art.
111.
Obligation
to
make
restitution
in
certain
cases.
Any
person
who
has
participated
gratuitously
in
the
proceeds
of
a
felony
shall
be
bound
to
make
restitution
in
an
amount
equivalent
to
the
extent
of
such
participation.
Chapter
Three
EXTINCTION
AND
SURVIVAL
OF
CIVIL
LIABILITY
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Art.
112.
Extinction
of
civil
liability.
Civil
liability
established
in
Articles
100,
101,
102,
and
103
of
this
Code
shall
be
extinguished
in
the
same
manner
as
obligations,
in
accordance
with
the
provisions
of
the
Civil
Law.
Art.
113.
Obligation
to
satisfy
civil
liability.
Except
in
case
of
extinction
of
his
civil
liability
as
provided
in
the
next
preceding
article
the
offender
shall
continue
to
be
obliged
to
satisfy
the
civil
liability
resulting
from
the
crime
committed
by
him,
notwithstanding
the
fact
that
he
has
served
his
sentence
consisting
of
deprivation
of
liberty
or
other
rights,
or
has
not
been
required
to
serve
the
same
by
reason
of
amnesty,
pardon,
commutation
of
sentence
or
any
other
reason.
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