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AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

(December 8, 1930)

BOOK TWO

CRIMES AND PENALTIES

Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One
CRIMES AGAINST NATIONAL SECURITY

Section One. — Treason and espionage

Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the Government of
the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies,
giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion
temporal to death and shall pay a fine not to exceed P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same
overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in
paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to
exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or proposal to
commit the crime of treason shall be punished respectively, by prision mayor and a fine not
exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.

Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the
Government of the Philippine Islands, without being a foreigner, and having knowledge of any
conspiracy against them, conceals or does not disclose and make known the same, as soon as
possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he
resides, as the case may be, shall be punished as an accessory to the crime of treason.

Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any person who:

1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation
to obtain any information, plans, photographs, or other data of a confidential nature relative to the
defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a foreign
nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

Section Two. — Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals. — The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and that of prision mayor upon any private individual,
who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to
involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.
Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted upon anyone
who, on the occasion of a war in which the Government is not involved, violates any regulation
issued by competent authority for the purpose of enforcing neutrality.

Art. 120. Correspondence with hostile country. — Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to the
enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer
the penalty of reclusion temporal to death.

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted upon any person
who, owing allegiance to the Government, attempts to flee or go to an enemy country when
prohibited by competent authority.

Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas. — The penalty of reclusion temporal shall be
inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member
of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas.

Art. 123. Qualified piracy. — The penalty of reclusion temporal to death shall be imposed upon those
who commit any of the crimes referred to in the preceding article, under any of the following
circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

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MARCH 16, 2010 · 11:57 PM

C1: Arbitrary Detention or Expulsion,


Violation of Dwelling, Prohibition,
Interruption, & Dissolution of Peaceful
Meetings & Crimes Against Religious
Worship [Art. 124-133]
Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,


INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention. — Any public officer or employee who, without legal grounds, detains a
person, shall suffer;

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the detention has
continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not
more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be considered legal grounds for the detention of any
person.

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive
or capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and shall be
allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As
amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).

Art. 126. Delaying release. — The penalties provided for in Article 124 shall be imposed upon any
public officer or employee who delays for the period of time specified therein the performance of any
judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the
service of the notice of such order to said prisoner or the proceedings upon any petition for the
liberation of such person.

Art. 127. Expulsion. — The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine
Islands or shall compel such person to change his residence.

Section Two. — Violation of domicile


Art. 128. Violation of domicile. — The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects found therein
without the previous consent of such owner, or having surreptitiously entered said dwelling, and
being required to leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of
a crime be not returned immediately after the search made by the offender, the penalty shall be
prision correccional in its medium and maximum periods.

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. —
In addition to the liability attaching to the offender for the commission of any other offense, the
penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a
fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall
procure a search warrant without just cause, or, having legally procured the same, shall exceed his
authority or use unnecessary severity in executing the same.

Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other belongings of any person, in the absence of the
latter, any member of his family, or in their default, without the presence of two witnesses residing in
the same locality.

Section Three. — Prohibition, interruption and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. — The penalty of prision
correccional in its minimum period shall be imposed upon any public officer or employee who,
without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve
the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person
from joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder
any person from addressing, either alone or together with others, any petition to the authorities for
the correction of abuses or redress of grievances.

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision
correccional in its medium and maximum periods.

Art. 133. Offending the religious feelings. — The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.

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Meetings, Expulsion, Interruption, Prohibition, Violation of Dwelling

MARCH 16, 2010 · 11:53 PM

C3: Rebellion, Sedition & Disloyalty


[Art. 134-142]
Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is
committed by rising publicly and taking arms against the Government for the purpose of removing
from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part
thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives. (As amended by R.A. 6968).

Article 134-A. Coup d’etat; How committed. — The crime of coup d’etat is a swift attack accompanied
by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of
the Republic of the Philippines, or any military camp or installation, communications network,
public utilities or other facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the
military or police or holding any public office of employment with or without civilian support or
participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).

Art. 135. Penalty for rebellion, insurrection or coup d’etat. — Any person who promotes, maintains,
or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion shall suffer the
penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d’etat shall
suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of
others in undertaking a coup d’etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances,
abets or aids in undertaking a coup d’etat shall suffer the penalty of reclusion temporal in its
maximum period.

When the rebellion, insurrection, or coup d’etat shall be under the command of unknown leaders,
any person who in fact directed the others, spoke for them, signed receipts and other documents
issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of
such a rebellion, insurrection, or coup d’etat. (As amended by R.A. 6968, approved on October 24,
1990).
Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection. — The conspiracy
and proposal to commit coup d’etat shall be punished by prision mayor in minimum period and a
fine which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by
prision correccional in its maximum period and a fine which shall not exceed five thousand pesos
(P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand
pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).

Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its
minimum period shall be imposed upon public officers or employees who have failed to resist a
rebellion by all the means in their power, or shall continue to discharge the duties of their offices
under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O.
No. 187).

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period
shall be imposed upon any person who, without taking arms or being in open hostility against the
Government, shall incite others to the execution of any of the acts specified in article 134 of this
Code, by means of speeches, proclamations, writings, emblems, banners or other representations
tending to the same end. (Reinstated by E.O. No. 187).

Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise
publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal
methods, any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government or any public
officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States), of all its property or any part thereof.

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in
its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum
period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall
be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos.
(Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine
not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in
the crime of sedition, should incite others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter seditious
words or speeches, write, publish, or circulate scurrilous libels against the Government (of the
United States or the Government of the Commonwealth) of the Philippines, or any of the duly
constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing
the functions of his office, or which tend to instigate others to cabal and meet together for unlawful
purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up
the people against the lawful authorities or to disturb the peace of the community, the safety and
order of the Government, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No.
187).

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MARCH 16, 2010 · 11:52 PM

C2: Crimes Against Popular


Representation [Art. 143-145]
Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. — The penalty of
prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any
person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the
Philippines) or of any of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or board.
(Reinstated by E.O. No. 187).

Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from 200 to 1,000
pesos shall be imposed upon any person who disturbs the meetings of the National Assembly
(Congress of the Philippines) or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city or municipal
council or board, or in the presence of any such bodies should behave in such manner as to interrupt
its proceedings or to impair the respect due it. (Reinstated by E.O. No. 187).

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed
upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the
National Assembly (Congress of the Philippines) from attending the meetings of the Assembly
(Congress) or of any of its committees or subcommittees, constitutional commissions or committees
or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision
correccional shall be imposed upon any public officer or employee who shall, while the Assembly
(Congress) is in regular or special session, arrest or search any member thereof, except in case such
member has committed a crime punishable under this Code by a penalty higher than prision mayor.

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MARCH 16, 2010 · 11:51 PM

C3: Illegal Assemblies & Associations


[Art. 146-147]
Chapter Three

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum period to prision
mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended
by armed persons for the purpose of committing any of the crimes punishable under this Code, or of
any meeting in which the audience is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at
such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the
penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code,
and he shall be considered a leader or organizer of the meeting within the purview of the preceding
paragraph.

As used in this article, the word “meeting” shall be understood to include a gathering or group,
whether in a fixed place or moving. (Reinstated by E.O. No. 187).

Art. 147. Illegal associations. — The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and
presidents of associations totally or partially organized for the purpose of committing any of the
crimes punishable under this Code or for some purpose contrary to public morals. Mere members of
said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).

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MARCH 16, 2010 · 11:50 PM

C4: Assault Upon, & Resistance &


Disobedience to, Persons in Authority &
Their Agents [Art. 148-152]
Chapter Four

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND
THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public uprising, shall employ force
or intimidation for the attainment of any of the purpose enumerated in defining the crimes of
rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in
authority or any of his agents, while engaged in the performance of official duties, or on occasion of
such performance, shall suffer the penalty of prision correccional in its medium and maximum
periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or
when the offender is a public officer or employee, or when the offender lays hands upon a person in
authority. If none of these circumstances be present, the penalty of prision correccional in its
minimum period and a fine not exceeding P500 pesos shall be imposed.

Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use
of force or intimidation upon any person coming to the aid of the authorities or their agents on
occasion of the commission of any of the crimes defined in the next preceding article.

Art. 150. Disobedience to summons issued by the National Assembly, its committees or
subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. —
The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both
such fine and imprisonment shall be imposed upon any person who, having been duly summoned to
attend as a witness before the National Assembly, (Congress), its special or standing committees and
subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or
before any commission or committee chairman or member authorized to summon witnesses,
refuses, without legal excuse, to obey such summons, or being present before any such legislative or
constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal
inquiry or to produce any books, papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions. The same penalty shall be imposed upon any person
who shall restrain another from attending as a witness, or who shall induce disobedience to a
summon or refusal to be sworn by any such body or official.

Art. 151. Resistance and disobedience to a person in authority or the agents of such person. — The
penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who
not being included in the provisions of the preceding articles shall resist or seriously disobey any
person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of
arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.

Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In
applying the provisions of the preceding and other articles of this Code, any person directly vested
with jurisdiction, whether as an individual or as a member of some court or governmental
corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a
barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is


charged with the maintenance of public order and the protection and security of life and property,
such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the
aid of persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons
charged with the supervision of public or duly recognized private schools, colleges and universities,
and lawyers in the actual performance of their professional duties or on the occasion of such
performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and
Batas Pambansa Blg. 873, June 12, 1985).

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MARCH 16, 2010 · 11:47 PM


C5: Public Disorders [Art. 153-156]
Chapter Five

PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption
liable to cause disturbance. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any
person who shall cause any serious disturbance in a public place, office, or establishment, or shall
interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is
not included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or
interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three
persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or
public place, shall make any outcry tending to incite rebellion or sedition or in such place shall
display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these
persons who in violation of the provisions contained in the last clause of Article 85, shall bury with
pomp the body of a person who has been legally executed.

Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto
mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish
or cause to be published as news any false news which may endanger the public order, or cause
damage to the interest or credit of the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage
disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished
by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or
document without proper authority, or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are
classified as anonymous.

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos
shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker,
or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, provided that the circumstances of the case shall not make the provisions of Article 153
applicable.

Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its maximum period of
prision correccional in its minimum period shall be imposed upon any person who shall remove
from any jail or penal establishment any person confined therein or shall help the escape of such
person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto
mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their minimum period.

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MARCH 16, 2010 · 11:46 PM

C6: Evasion of Service of Sentence


[Art. 157-160]
Chapter Six

EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason of final judgment. However, if such evasion
or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through
connivance with other convicts or employees of the penal institution, the penalty shall be prision
correccional in its maximum period.

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or
other calamities. — A convict who shall evade the service of his sentence, by leaving the penal
institution where he shall have been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of the time still remaining to be served under the
original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the
authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves
up to the authorities within the above mentioned period of 48 hours, shall be entitled to the
deduction provided in Article 98.

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision correccional in its
minimum period shall be imposed upon the convict who, having been granted conditional pardon by
the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty
remitted by the granting of such pardon be higher than six years, the convict shall then suffer the
unexpired portion of his original sentence.

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Filed under 02. Crimes Against the Fundamental Laws of the State
Tagged as Evasion of Service of Sentence

MARCH 16, 2010 · 11:44 PM

C7: Commission of Another Crime During


Service of Penalty Imposed for Another
Previous Offense [Art. 160]
Chapter Seven

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR


ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another offense;
Penalty. — Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after
having been convicted by final judgment, before beginning to serve such sentence, or while serving
the same, shall be punished by the maximum period of the penalty prescribed by law for the new
felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at
the age of seventy years if he shall have already served out his original sentence, or when he shall
complete it after reaching the said age, unless by reason of his conduct or other circumstances he
shall not be worthy of such clemency.

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Filed under 02. Crimes Against the Fundamental Laws of the State
Tagged as Commission of Another Crime

MARCH 16, 2010 · 11:40 PM

C1: Forgeries [Art. 161-176]


Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter One

FORGERIES

Section One. — Forging the seal of the Government of the

Philippine Islands, the signature or stamp of the Chief Executive.

Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed
upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the
signature or stamp of the Chief Executive.

Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision mayor shall be
imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature
or stamp mentioned in the preceding article.

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or
utters, false coins, in connivance with counterfeiters, or importers, shall suffer:

1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the
counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of
ten centavo denomination or above.

2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000
pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank
of the Philippines below ten-centavo denomination.

3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the
counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June
19, 1965).

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The penalty of prision
correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any
person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands
or import or utter mutilated current coins, or in connivance with mutilators or importers.

Art. 165. Selling of false or mutilated coin, without connivance. — The person who knowingly,
although without the connivance mentioned in the preceding articles, shall possess false or mutilated
coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one
degree than that prescribed in said articles.

Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering
false or forged notes,
obligations and securities.

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and
uttering such false or forged notes and documents. — The forging or falsification of treasury or bank
notes or certificates or other obligations and securities payable to bearer and the importation and
uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be
punished as follows:

1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the
document which has been falsified, counterfeited, or altered, is an obligations or security of the
United States or of the Philippines Islands.

The word “obligation or security of the United States or of the Philippine Islands” shall be held to
mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States
or of the Philippine Islands, and other representatives of value, of whatever denomination, which
have been or may be issued under any act of the Congress of the United States or of the Philippine
Legislature.
2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or
altered document is a circulating note issued by any banking association duly authorized by law to
issue the same.

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or
counterfeited document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or
altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. — Any person
who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable
to order or other document of credit not payable to bearer, shall suffer the penalties of prision
correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos.

Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. —
Unless the act be one of those coming under the provisions of any of the preceding articles, any
person who shall knowingly use or have in his possession, with intent to use any of the false or
falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that
prescribed in said articles.

Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by
any of the following means:
1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned
therein, the appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein.

Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless,
telegraph, and telephone message.

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum
period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper
authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval
by either House of the Legislature or any provincial board or municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of
prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer,
employee, or notary who, taking advantage of his official position, shall falsify a document by
committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in
fact so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those
in fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an original document
when no such original exists, or including in such a copy a statement contrary to, or different from,
that of the genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or
official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of this article, with respect to any record or
document of such character that its falsification may affect the civil status of persons.

Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision
correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be
imposed upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next preceding
article in any public or official document or letter of exchange or any other kind of commercial
document; and

2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in
any private document commit any of the acts of falsification enumerated in the next preceding
article.

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of
another or who, with the intent to cause such damage, shall use any of the false documents embraced
in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished
by the penalty next lower in degree.

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified
messages. — The penalty of prision correccional in its medium and maximum periods shall be
imposed upon officer or employee of the Government or of any private corporation or concern
engaged in the service of sending or receiving wireless, cable or telephone message who utters a
fictitious wireless, telegraph or telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of
cause such prejudice, shall suffer the penalty next lower in degree.

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like.

Art. 174. False medical certificates, false certificates of merits or service, etc. — The penalties of
arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to
exceed P1,000 pesos shall be imposed upon:

1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false
certificate; and

2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar
circumstances.
The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate
falling within the classes mentioned in the two preceding subdivisions.

Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon any one who
shall knowingly use any of the false certificates mentioned in the next preceding article.
Section Six. — Manufacturing, importing and possession of instruments or implements intended for
the commission of falsification.

Art. 176. Manufacturing and possession of instruments or implements for falsification. — The
penalty of prision correccional in its medium and maximum periods and a fine not to exceed
P10,000 pesos shall be imposed upon any person who shall make or introduce into the Philippine
Islands any stamps, dies, marks, or other instruments or implements intended to be used in the
commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of
this Chapter.

Any person who, with the intention of using them, shall have in his possession any of the
instruments or implements mentioned in the preceding paragraphs, shall suffer the penalty next
lower in degree than that provided therein.

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