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.

Article 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.

Article 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

Article 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).

Article 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.

Article 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.

Article 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.
Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.
Article 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.

Article 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.

Article 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.

Article 176. Manufacturing and possession of instruments or implements for falsification. - The penalty of prison
correctional 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.

Chapter Two
OTHER FALSITIES

Section One. - Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.

Article 177. Usurpation of authority or official functions. - Any person who shall knowingly and falsely represent
himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any
foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in
authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.

Article 178. Using fictitious name and concealing true name. - The penalty of arresto mayor and a fine not to
exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of
concealing a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a
fine not to exceed 200 pesos.

Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor shall be imposed upon any person
who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such
person or to a class of persons of which he is not a member.

Section Two. - False testimony

Article 180. False testimony against a defendant. - Any person who shall give false testimony against the defendant
in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;
 2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or
reclusion perpetua;

3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive
penalty; and

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a
fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000
pesos.

Article 181. False testimony favorable to the defendants. - Any person who shall give false testimony in favor of the
defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional
in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive
penalty, and the penalty of arresto mayor in any other case.

Article 182. False testimony in civil cases. - Any person found guilty of false testimony in a civil case shall suffer the
penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in
controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not
exceed said amount or cannot be estimated.

Article 183. False testimony in other cases and perjury in solemn affirmation. - The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly
makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify
under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an
oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods
mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided
therein.

Article 184. Offering false testimony in evidence. - Any person who shall knowingly offer in evidence a false witness
or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the
respective penalties provided in this section.

Chapter Three
FRAUDS

Section One. - Machinations, monopolies and combinations

Article 185. Machinations in public auctions. - Any person who shall solicit any gift or promise as a consideration for
refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away
from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the
thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to
50 per centum of the value of the thing auctioned.

Article 186. Monopolies and combinations in restraint of trade. - The penalty of prision correccional in its minimum
period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial
means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with
any other person or persons to monopolize and merchandise or object in order to alter the price thereof by
spreading false rumors or making use of any other article to restrain free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of
commerce or an importer of any merchandise or object of commerce from any foreign country, either as
principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person
likewise engaged in the manufacture, production, processing, assembling or importation of such
merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of
making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the
Philippines, of any such merchandise or object of commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or of any article in the manufacture of which such
manufactured, produced, or imported merchandise or object of commerce is used.
If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime
necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being sufficient for the
imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and
being the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the president and
each one of its agents or representatives in the Philippines in case of a foreign corporation or association, who shall
have knowingly permitted or failed to prevent the commission of such offense, shall be held liable as principals
thereof.

Section Two. - Frauds in commerce and industry

Article 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other
precious metals or their alloys. - The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or
both, shall be imposed on any person who shall knowingly import or sell or dispose of any article or merchandise
made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the
actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is
engraved, printed, stamped, labeled or attached, when the rest of the article shows that the quality or fineness
thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of
silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of
gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness
indicated by said stamp, brand, label, or mark.

Article 188. Subsisting and altering trade-mark, trade-names, or service marks. - The penalty of prision correccional
in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon:

1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a
colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of
commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-
name or trade- mark has been fraudulently used in such goods as described in the preceding subdivision;

3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark of some
other person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a person
is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or service mark, or
a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-
name, trade-mark, or service mark on his own goods or in connection with the sale or advertising of his
services.

A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or device, or any
combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling the
public to distinguish the business of the person who owns and uses said trade-name or trade-mark.

A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one
person and distinguish them from the services of others and includes without limitation the marks, names, symbols,
titles, designations, slogans, character names, and distinctive features of radio or other advertising.

Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description. - The penalty provided in the next proceeding article shall be imposed
upon:

1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his
legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of
another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in
which they are contained or the device or words thereon or in any other features of their appearance which
would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer
other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do the
same with a like purpose.

2. Any person who shall affix, apply, annex or use in connection with any goods or services or any container
or containers for goods a false designation of origin or any false description or representation and shall sell
such goods or services.
 3. Any person who by means of false or fraudulent representation or declarations orally or in writing or by
other fraudulent means shall procure from the patent office or from any other office which may hereafter be
established by law for the purposes the registration of a trade-name, trade-mark or service mark or of
himself as the owner of such trade-name, trade-mark or service mark or an entry respecting a trade-name,
trade-mark or service mark.

Title Five

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Article 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. - The penalty
of arresto mayor in its medium period to prision correccional in its minimum period and a fine ranging from 300 to
1,000 pesos shall be imposed upon:

1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any
prohibited drug.

"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine,

Indian hemp, their derivatives, and all preparations made from them or any of them, and such other drugs,
whether natural or synthetic, having physiological action as a narcotic drug.

"Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes on
refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium,
preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or
wrappings of opium leaves, whether prepared or not for their use.

"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza, churruz, and
ganjah embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting
tops of the pistillate plant cannabis satival, from which the resin has not been extracted, including all other
geographic varieties whether used as reefers, resin, extract, tincture or in any other form whatsoever.

By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind
with delusions and may be habit-forming.

2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of
the law.

Article 191. Keeper, watchman and visitor of opium den. - The penalty of arresto mayor and a fine ranging from 100
to 300 pesos shall be imposed upon:

1. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used in
any manner contrary to law; and

2. Any person who, not being included in the provisions of the next preceding article, shall knowingly visit
any dive or resort of the character referred to above.

Article 192. Importation and sale of prohibited drugs. - The penalty of prision correccional in its medium and
maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed upon any person who shall import
or bring into the Philippine Islands any prohibited drug.

The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another prohibited drug.

Article 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. - The penalty
of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being authorized
by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or
any prohibited drug.

The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima
facie evidence that its possessor has used said drug.

Article 194. Prescribing opium unnecessary for a patient. - The penalty of prision correccional or a fine ranging from
300 to 10,000 pesos, or both shall be imposed upon any physician or dentist who shall prescribe opium for any
person whose physical condition does not require the use of the same.

Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One
GAMBLING AND BETTING

Article 195. What acts are punishable in gambling. - (a) The penalty of arresto mayor or a fine not exceeding two
hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six
thousand pesos, shall be imposed upon:

1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or
indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage
game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or
hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in
the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or
winner of money or any object or representative of value.

2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be
carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation
owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling place
or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty
provided for in this article in its maximum period.

(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or
banker in a game of jueteng or any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly
and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures,
signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has
taken place or about to take place.

Article 196. Importation, sale and possession of lottery tickets or advertisements. - The penalty of arresto mayor in
its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both,
in the discretion of the court, shall be imposed upon any person who shall import into the Philippine Islands from any
foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the
same.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or
advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be
punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or
use the same in the Philippine Islands.

Article 197. Betting in sports contests. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both,
shall be imposed upon any person who shall bet money or any object or article of value or representative of value
upon the result of any boxing or other sports contests.

Article 198. Illegal betting on horse race. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both,
shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The
penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who,
under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse
races or realizing any profit therefrom.

For the purposes of this article, any race held in the same day at the same place shall be held punishable as a
separate offense, and if the same be committed by any partnership, corporation or association, the president and
the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or
knowingly tolerated its commission.

Article 199. Illegal cockfighting. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the
discretion of the court, shall be imposed upon:

1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things,
or who organizes cockfights at which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall be imposed upon any person
who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within
any other article of this Code.

Article 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. - The penalty of prision
mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be
imposed upon:

(1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals;

(2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing
such literature; and the owners/operators of the establishment selling the same;

(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral
plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall
include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy
the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in
and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts;

(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960 and 969).

Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants:

1. Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about
the country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually
associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering
in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;

5. Prostitutes.

For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct, are deemed to be prostitutes.

Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine
not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in
its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY PROVISIONS

Article 203. Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of
this book, any person who, by direct provision of the law, popular election or appointment by competent authority,
shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in
said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or
class, shall be deemed to be a public officer.

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. - Dereliction of duty

Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly render an unjust judgment in
any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification.
Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable negligence or
ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished
by arresto mayor and temporary special disqualification.

Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust interlocutory order or
decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by
reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the
penalty shall be suspension.

Article 207. Malicious delay in the administration of justice. - The penalty of prision correccional in its minimum
period shall be imposed upon any judge guilty of malicious delay in the administration of justice.

Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional in its minimum
period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the
duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or
shall tolerate the commission of offenses.

Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper
administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000
pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious
breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the
secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken
the defense of a client or having received confidential information from said client in a case, shall undertake the
defense of the opposing party in the same case, without the consent of his first client.

Section Two. - Bribery

Article 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a crime, in connection
with the performance of this official duties, in consideration of any offer, promise, gift or present received by such
officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and
maximum periods and a fine of not less than the value of the gift and] not less than three times the value of the gift
in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime,
and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said
act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium
period and a fine of not less than twice the value of such gift.

If the object for which the gift was received or promised was to make the public officer refrain from doing something
which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a
fine of not less than the value of the gift and not less than three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special
temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal
and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa
Blg. 871, approved May 29, 1985).

Article 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum periods, and public
censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As
amended by Batas Pambansa Blg. 871, approved May 29, 1985).

Article 211-A. Qualified bribery. - If any public officer is entrusted with law enforcement and he refrains from
arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not
prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As added by
Sec. 4, RA No. 7659).

Article 212. Corruption of public officials. - The same penalties imposed upon the officer corrupted, except those of
disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or
given the gifts or presents as described in the preceding articles.
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Article 213. Frauds against the public treasury and similar offenses. - The penalty of prision correccional in its
medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be
imposed upon any public officer who:

1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an
agreement with any interested party or speculator or make use of any other scheme, to defraud the
Government;

2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the
following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or larger than those
authorized by law.

(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially.

(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a
nature different from that provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the
provisions of the Administrative Code shall be applied.

Article 214. Other frauds. - In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book
Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit
any of the frauds or deceits enumerated in said provisions.

Article 215. Prohibited transactions. - The penalty of prision correccional in its maximum period or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency,
shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject
to his jurisdiction.

Article 216. Possession of prohibited interest by a public officer. - The penalty of arresto mayor in its medium period
to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his
official duty to intervene.

This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in
any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which
they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or
estate.

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Article 217. Malversation of public funds or property; Presumption of malversation. - Any public officer who, by
reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take
or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such
public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of
such funds or property, shall suffer:

1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two hundred pesos.

2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two
hundred pesos but does not exceed six thousand pesos.

3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the
amount involved is more than six thousand pesos but is less than twelve thousand pesos.

4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more
than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter,
the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a
fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable,
upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or
property to personal use. (As amended by RA 1060).

Article 218. Failure of accountable officer to render accounts. - Any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the
Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts
should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from 200 to
6,000 pesos, or both.

Article 219. Failure of a responsible public officer to render accounts before leaving the country. - Any public officer
who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular
Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging
from 200 to 1,000 pesos or both.

Article 220. Illegal use of public funds or property. - Any public officer who shall apply any public fund or property
under his administration to any public use other than for which such fund or property were appropriated by law or
ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the
total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted
to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent
of the sum misapplied.

Article 221. Failure to make delivery of public funds or property. - Any public officer under obligation to make
payment from Government funds in his possession, who shall fail to make such payment, shall be punished
by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay.

This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in
his custody or under his administration, shall refuse to make such delivery.

The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos.

Article 222. Officers included in the preceding provisions. - The provisions of this chapter shall apply to private
individuals who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or
property and to any administrator or depository of funds or property attached, seized or deposited by public
authority, even if such property belongs to a private individual.

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Section One. - Infidelity in the custody of prisoners

Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to the escape of a
prisoner in his custody or charge, shall be punished:

1. By prision correccional in its medium and maximum periods and temporary special disqualification in its
maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final
judgment to any penalty.

2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive
shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or
municipal ordinance.

Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken place through the
negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer
the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary
special disqualification.

Article 225. Escape of prisoner under the custody of a person not a public officer. - Any private person to whom the
conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the
offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed
for the public officer.

Section Two. - Infidelity in the custody of document

Article 226. Removal, concealment or destruction of documents. - Any public officer who shall remove, destroy or
conceal documents or papers officially entrusted to him, shall suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have
been caused thereby to a third party or to the public interest.

2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000
pesos, whenever the damage to a third party or to the public interest shall not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual
disqualification shall be imposed.

Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or property sealed by
proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision
correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000
pesos.

Article 228. Opening of closed documents. - Any public officer not included in the provisions of the next preceding
article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or
objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a
fine of not exceeding 2,000 pesos.

Section Three. - Revelation of secrets

Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret known to him by
reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge
and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum
periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or
the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of
prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos
shall be imposed.

Article 230. Public officer revealing secrets of private individual. - Any public officer to whom the secrets of any
private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the
penalties of arresto mayor and a fine not exceeding 1,000 pesos.

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to execute the judgment,
decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all
the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its
minimum period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos.

Article 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. - Any
public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such
superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its
minimum and medium periods and perpetual special disqualification.

Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to prision correccional in its
minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a
public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the
administration of justice or other public service, if such failure shall result in serious damage to the public interest, or
to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos
shall be imposed.

Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not exceeding 1,000 pesos,
or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall
refuse without legal motive to be sworn in or to discharge the duties of said office.

Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to prision correccional in
its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any
public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner
under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment
in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the
offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a
fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused.
Section Two. - Anticipation, prolongation and abandonment of the duties and powers of public office.

Article 236. Anticipation of duties of a public office. - Any person who shall assume the performance of the duties
and powers of any public officer or employment without first being sworn in or having given the bond required by
law, shall be suspended from such office or employment until he shall have complied with the respective formalities
and shall be fined from 200 to 500 pesos.

Article 237. Prolonging performance of duties and powers. - Any public officer shall continue to exercise the duties
and powers of his office, employment or commission, beyond the period provided by law, regulation or special
provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special
temporary disqualification in its minimum period and a fine not exceeding 500 pesos.

Article 238. Abandonment of office or position. - Any public officer who, before the acceptance of his resignation,
shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or
punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of this Code, the
offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the
purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.

Section Three. - Usurpation of powers and unlawful appointments

Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its minimum period,
temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer
who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or
regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.

Article 240. Usurpation of executive functions. - Any judge who shall assume any power pertaining to the executive
authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto
mayor in its medium period to prision correccional in its minimum period.

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government
who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge
within its jurisdiction.

Article 242. Disobeying request for disqualification. - Any public officer who, before the question of jurisdiction is
decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a fine not exceeding 500 pesos.

Article 243. Orders or requests by executive officers to any judicial authority. - Any executive officer who shall
address any order or suggestion to any judicial authority with respect to any case or business coming within the
exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500
pesos.

Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or appoint to any public office
any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not
exceeding 1,000 pesos.

Section Four. - Abuses against chastity

Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in its medium and maximum
periods and temporary special disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in
matters pending before such officer for decision, or with respect to which he is required to submit a report to
or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of prisoners or persons
under arrest who shall solicit or make immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the
custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods
and temporary special disqualification.
Chapter One
DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide

Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the
penalty of reclusion perpetua to death.

Article 247. Death or physical injuries inflicted under exceptional circumstances. - Any legally married person who
having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or
both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer
the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under
eighteen years of age, and their seducer, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented
to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty
of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the
following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,

eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing
at his person or corpse.

Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the
attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of
homicide and be punished by reclusion temporal.

Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts of the case, may
impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the
preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article
50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51
should be imposed for an attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. - When, while several persons, not composing groups organized
for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a
confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained
who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision
correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence
upon the person of the victim.

Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as referred to in the
preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible
thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall
suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be
identified, all those who appear to have used any violence upon the person of the offended party shall be punished
by arresto mayor from five to fifteen days.

Article 253. Giving assistance to suicide. - Any person who shall assist another to commit suicide shall suffer the
penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he
shall suffer the penalty of reclusion temporal.

However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall
be imposed.

Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall suffer the penalty
of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be
held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.

Section Two. - Infanticide and abortion.

Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime
be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision
mayor.

Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have
consented.

Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period shall be
imposed upon any person who shall cause an abortion by violence, but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in its
medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall
consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in
its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of
said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional
in its medium and maximum periods.

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties provided in
Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding 1,000 pesos.

Section Three. - Duel

Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall be imposed upon any
person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their
nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been
inflicted.

The seconds shall in all events be punished as accomplices.

Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period shall be imposed upon
any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or
decry another publicly for having refused to accept a challenge to fight a duel.

Chapter Two
PHYSICAL INJURIES

Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person
who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of
reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the
crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical
injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or
shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or
shall have become incapacitated for the work in which he was therefore habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical
injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his
body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the
work in which he as habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more
than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance
of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall
be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2
by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by
subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by
subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon
his child by excessive chastisement.

Article 264. Administering injurious substances or beverages. - The penalties established by the next preceding
article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another
any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking
advantage of his weakness of mind or credulity.

Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or
shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer
the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured
person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not
exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or
persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium
periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon
such person.

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:
 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended
party for labor from one to nine days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical
injuries which do not prevent the offended party from engaging in his habitual work nor require medical
assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat
another by deed without causing any injury.

Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One
CRIMES AGAINST LIBERTY

Section One. - Illegal Detention

Article 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or
in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than five days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if
threats to kill him shall have been made.

4. If the person kidnapped or detained shall be a minor, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom
from the victim or any other person, even if none of the circumstances above-mentioned were present in the
commission of the offense.

Article 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed upon any private individual
who shall commit the crimes described in the next preceding article without the attendance of any of circumstances
enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or detained within three days from the
commencement of the detention, without having attained the purpose intended, and before the institution of criminal
proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not
exceeding seven hundred pesos.

Article 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall
arrest or detain another for the purpose of delivering him to the proper authorities.

Section Two. - Kidnapping of minors

Article 270. Kidnapping and failure to return a minor. - The penalty of reclusion perpetua shall be imposed upon any
person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his
parents or guardians.

Article 271. Inducing a minor to abandon his home. - The penalty of prision correccional and a fine not exceeding
seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or
guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of
the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

Section Three. - Slavery and Servitude

Article 272. Slavery. - The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed
upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall
be imposed in its maximum period.

Article 273. Exploitation of child labor. - The penalty of prision correccional in its minimum and medium periods and
a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's
will, retain him in his service.

Article 274. Services rendered under compulsion in payment of debt. - The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or
enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or
farm laborer.
Chapter One
ROBBERY IN GENERAL

Article 293. Who are guilty of robbery. - Any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be
guilty of robbery.

Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person guilty of robbery with
the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of
homicide shall have been committed.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have
been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of
the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however,
that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical
injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been
inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the
violence or intimidation employed in the commission of the robbery shall have been carried to a degree
clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall
have inflicted upon any person not responsible for its commission any of the physical injuries covered by
sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other
cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of
firearm on a street, road or alley. - If the offenses mentioned in subdivisions three, four, and five of the next
preceding article shall have been committed in an uninhabited place or by a band, or by attacking a moving train,
street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking
the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the
intimidation is made with the use of a firearm, the offender shall be punished by the maximum period of the proper
penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Article 296. Definition of a band and penalty incurred by the members thereof. - When more than three armed
malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band. When
any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all
the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the
criminal liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of
any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain circumstances. - When by reason or on
occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be
punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this Code.

Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent to defraud
another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or
documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter.

Section Two. - Robbery by the use of force upon things

Article 299. Robbery in an inhabited house or public building or edifice devoted to worship. - Any armed person
who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be
punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if:
 (a) The malefactors shall enter the house or building in which the robbery was

committed, by any of the following means:

1. Through a opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending the exercise of public authority.

Or if -

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle;

2. By taking such furniture or objects to be broken or forced open outside the place of the robbery.

When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the penalty next
lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the property taken does not exceed
250 pesos.

When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall
suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or building dedicated
to religious worship, the penalties next lower in degree than those prescribed in this article shall be imposed.

Article 300. Robbery in an uninhabited place and by a band. - The robbery mentioned in the next preceding article,
if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty
provided therefor.

Article 301. What is an inhabited house, public building or building dedicated to religious worship and their
dependencies. - Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or inclosed
places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of
the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious
worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next preceding
paragraph, even if closed, contiguous to the building and having direct connection therewith.

The term "public building" includes every building owned by the Government or belonging to a private person not
included used or rented by the Government, although temporarily unoccupied by the same.

Article 302. Robbery is an uninhabited place or in a private building. - Any robbery committed in an uninhabited
place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property
taken exceeds 250 pesos, shall be punished by prision correccional if any of the following circumstances is present:

1. If the entrance has been effected through any opening not intended for entrance or egress.

2. If any wall, roof, flour or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed even if
the same to broken open elsewhere.
When the value of the property takes does not exceed 250 pesos, the penalty next lower in degree shall be
imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail
matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in said
articles.

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In the cases
enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the culprit
shall suffer the penalty next lower in degree than that prescribed in said articles.

Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause have in his
possession picklocks or similar tools especially adopted to the commission of the crime of robbery, shall be
punished by arresto mayor in its maximum period to prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith, he
shall suffer the penalty of prision correccional in its medium and maximum periods.

Article 305. False keys. - The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

Chapter Two
BRIGANDAGE

Article 306. Who are brigands; Penalty. - When more than three armed persons form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain
ransom or for any other purpose to be attained by means of force and violence, they shall be deemed highway
robbers or brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal in
its minimum period if the act or acts committed by them are not punishable by higher penalties, in which case, they
shall suffer such high penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said persons
are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period.

Article 307. Aiding and abetting a band of brigands. - Any person knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the next preceding article, or giving them information of the
movements of the police or other peace officers of the Government (or of the forces of the United States Army),
when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands
shall be punished by prision correccional in its medium period to prision mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in this article has performed them
knowingly, unless the contrary is proven.

Chapter Three
THEFT

Article 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property of another without the latter's
consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its
owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or make use of
the fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to
another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or
other forest or farm products.
Article 309. Penalties. - Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more
than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter
amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for
each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed
twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for
the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is
more than 6,000 pesos but does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen
is more than 200 pesos but does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the
property stolen is over 50 pesos but does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5
pesos. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be
made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen
is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty
of earning a livelihood for the support of himself or his family.

Article 310. Qualified theft. - The crime of theft shall be punished by the penalties next higher by two degrees than
those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from
the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As amended
by R.A. 120 and B.P. Blg. 71. May 1, 1980).

Article 311. Theft of the property of the National Library and National Museum. - If the property stolen be any
property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from
200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which
case, the offender shall be punished by such higher penalty.

Chapter Four
USURPATION

Article 312. Occupation of real property or usurpation of real rights in property. - Any person who, by means of
violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights
in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be
punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Article 313. Altering boundaries or landmarks. - Any person who shall alter the boundary marks or monuments of
towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be
punished by arresto menor or a fine not exceeding 100 pesos, or both.

Chapter Five
CULPABLE INSOLVENCY

Article 314. Fraudulent insolvency. - Any person who shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prision mayor, if he be a merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium period, if he be not a merchant.

Chapter Six
SWINDLING AND OTHER DECEITS
Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount
of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum,
the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional
10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall
be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000
pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount
is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four
cases mentioned, the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver
by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal
consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other
personal property received by the offender in trust or on commission, or for administration, or under
any other obligation involving the duty to make delivery of or to return the same, even though such
obligation be totally or partially guaranteed by a bond; or by denying having received such money,
goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing any
document above such signature in blank, to the prejudice of the offended party or of any third
person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously
with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

(c) By pretending to have bribed any Government employee, without prejudice to the action for
calumny which the offended party may deem proper to bring against the offender. In this case, the
offender shall be punished by the maximum period of the penalty.

(d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein
were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit
the amount necessary to cover his check within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds
shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by
R.A. 4885, approved June 17, 1967.)

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefor, with intent to defraud
the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false pretense, or by abandoning or
surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house,
lodging house or apartment house after obtaining credit, food, refreshment or accommodation
therein without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

 (c) By removing, concealing or destroying, in whole or in part, any court record, office files,
document or any other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium period and a fine
of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage
the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such
encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice
of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation given him under the belief that it was in payment of
services rendered or labor performed by him, when in fact he did not actually perform such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or civil action, without express
authority from the court or before the cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties
with which he guaranteed the fulfillment of such obligation.

Article 317. Swindling a minor. - Any person who taking advantage of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any
property right in consideration of some loan of money, credit or other personal property, whether the loan clearly
appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum
ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount of the damage
caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding articles of this chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding
200 pesos.

Chapter Seven
CHATTEL MORTGAGE

Article 319. Removal, sale or pledge of mortgaged property. - The penalty or arresto mayor or a fine amounting to
twice the value of the property shall be imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage
Law to any province or city other than the one in which it was located at the time of the execution of the
mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the
mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such
property is located.

Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Article 320. Destructive arson. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall
be imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives
or general museum of the Government.

2. Any passenger train or motor vehicle in motion or vessel out of port.

3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

Article 321. Other forms of arson. - When the arson consists in the burning of other property and under the
circumstances given hereunder, the offender shall be punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the time by one or more persons;

(b) If the building burned is a public building and value of the damage caused exceeds 6,000 pesos;

(c) If the building burned is a public building and the purpose is to destroy evidence kept therein to
be used in instituting prosecution for the punishment of violators of the law, irrespective of the
amount of the damage;

(d) If the building burned is a public building and the purpose is to destroy evidence kept therein to
be used in legislative, judicial or administrative proceedings, irrespective of the amount of the
damage; Provided, however, That if the evidence destroyed is to be used against the defendant for
the prosecution of any crime punishable under existing laws, the penalty shall be reclusion perpetua;

(e) If the arson shall have been committed with the intention of collecting under an insurance policy
against loss or damage by fire.

2. By reclusion temporal:

(a) If an inhabited house or any other building in which people are accustomed to meet is set on fire,
and the culprit did not know that such house or building was occupied at the time, or if he shall set
fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000
pesos;

(b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed
6,000 pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire
and the damage caused exceeds 6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused
exceeds 6,000 pesos.

3. By prision mayor:

(a) If the value of the damage caused in the case mentioned in paragraphs (a),

(c), and (d) in the next preceding subdivision does not exceed 6,000 pesos;

(b) If a building not used as a dwelling or place of assembly, located in a populated place, is set on
fire, and the damage caused exceeds 6,000 pesos;

4. By prision correccional in its maximum period to prision mayor in its medium period:

(a) If a building used as dwelling located in an uninhabited place is set on fire and the damage
caused exceeds 1,000 pesos;

(b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision
2 of this article does not exceed 200 pesos.

5. By prision correccional in its medium period to prision mayor in its minimum period, when the damage
caused is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in paragraph (a) of
the preceding subdivision is set on fire; but when the value of such property does not exceed 200 pesos, the
penalty next lower in degree than that prescribed in this subdivision shall be imposed.

6. The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case
mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200
pesos.

7. The penalty of prision correccional in its minimum and medium periods, if the damage caused in the case
mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos.
 8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage
caused shall be imposed, when the property burned consists of grain fields, pasture lands, forests, or
plantations when the value of such property does not exceed 200 pesos. (As amended by R.A. 5467,
approved May 12, 1969).

Article 322. Cases of arson not included in the preceding articles. - Cases of arson not included in the next
preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50
pesos;

2. By arresto mayor in its maximum period to prision correccional in its minimum period, when the damage
caused is over 50 pesos but does not exceed 200 pesos;

3. By prision correccional in its minimum and medium periods, if the damage caused is over 200 pesos but
does not exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.

Article 323. Arson of property of small value. - The arson of any uninhabited hut, storehouse, barn, shed, or any
other property the value of which does not exceed 25 pesos, committed at a time or under circumstances which
clearly exclude all danger of the fire spreading, shall not be punished by the penalties respectively prescribed in this
chapter, but in accordance with the damage caused and under the provisions of the following chapter.

Article 324. Crimes involving destruction. - Any person who shall cause destruction by means of explosion,
discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said
vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains,
destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other
agency or means of destruction as effective as those above enumerated, shall be punished by reclusion temporal if
the commission has endangered the safety of any person, otherwise, the penalty of prision mayor shall be imposed.

Article 325. Burning one's own property as means to commit arson. - Any person guilty of arson or causing great
destruction of the property belonging to another shall suffer the penalties prescribed in this chapter, even though he
shall have set fire to or destroyed his own property for the purposes of committing the crime.

Article 326. Setting fire to property exclusively owned by the offender. - If the property burned shall be the exclusive
property of the offender, he shall be punished by arresto mayor in its maximum period to prision correccional in its
minimum period, if the arson shall have been committed for the purpose of defrauding or causing damage to
another, or prejudice shall actually have been caused, or if the thing burned shall have been a building in an
inhabited place.

Article 326-A. In cases where death resulted as a consequence of arson. - If death resulted as a consequence of
arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles,
the court shall impose the death penalty.

Article 326-B. Prima facie evidence of arson. - Any of the following circumstances shall constitute prima facie
evidence of arson:

1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other
inflammables, or any mechanical, electrical chemical or traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were stored within the building not
necessary in the course of the defendant's business; and

3. That the fire started simultaneously in more than one part of the building or locale under circumstances
that cannot normally be due to accidental or unintentional causes: Provided, however, That at least one of
the following is present in any of the three above-mentioned circumstances:

(a) That the total insurance carried on the building and/or goods is more than 80 per cent of the
value of such building and/or goods at the time of the fire;

(b) That the defendant after the fire has presented a fraudulent claim for loss.

The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned, in order to
secure a conviction, or as a means of extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).

Chapter Nine
MALICIOUS MISCHIEF
Article 327. Who are liable for malicious mischief. - Any person who shall deliberately cause the property of another
any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

Article 328. Special cases of malicious mischief. - Any person who shall cause damage to obstruct the performance
of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among
cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds
1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos;
and

3. By arresto menor, in such value does not exceed 200 pesos.

Article 329. Other mischiefs. - The mischiefs not included in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000
pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not
exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if
the amount involved does not exceed 200 pesos or cannot be estimated.

Article 330. Damage and obstruction to means of communication. - The penalty of prision correccional in its
medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or
telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be
imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things
pertaining to railways, shall be deemed to constitute an integral part of a railway system.

Article 331. Destroying or damaging statues, public monuments or paintings. - Any person who shall destroy or
damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its
medium period to prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of
the court.

Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Article 332. Persons exempt from criminal liability. - No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following
persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the
same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the commission of the
crime.