ACT NO.

3815
 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)
 
 
Preliminary Article — This law shall be known as "The Revised Penal
Code."
 
 
BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
OF THIS CODE, AND REGARDING THE OFFENSES, THE
PERSONS LIABLE AND THE PENALTIES
 
Preliminary Title
 
DATE OF EFFECTIVENESS AND APPLICATION
OF THE PROVISIONS OF THIS CODE
  
Article 1. Time when Act takes effect. — This Code shall take effect on
the first day of January, nineteen hundred and thirty-two.

Art. 2. Application of its provisions. — Except as provided in the treaties

and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the

Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into

these islands of the obligations and securities mentioned in the
presiding number;

4. While being public officers or employees, should commit an

offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and

the law of nations, defined in Title One of Book Two of this Code.

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 Title One
 
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
 
Chapter One
FELONIES
  
Art. 3. Definitions. — Acts and omissions punishable by law are felonies
(delitos).

Felonies are committed not only be means of deceit (dolo) but also by
means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there
is fault when the wrongful act results from imprudence, negligence, lack
of foresight, or lack of skill.

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful

act done be different from that which he intended.

2. By any person performing an act which would be an offense

against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.

Art. 5. Duty of the court in connection with acts which should be

repressed but which are not covered by the law, and in cases of
excessive penalties. — Whenever a court has knowledge of any act which
it may deem proper to repress and which is not punishable by law, it shall
render the proper decision, and shall report to the Chief Executive,
through the Department of Justice, the reasons which induce the court to
believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through
the Department of Justice, such statement as may be deemed proper,
without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the imposition
of a clearly excessive penalty, taking into consideration the degree of
malice and the injury caused by the offense.

Art. 6. Consummated, frustrated, and attempted felonies. —

Consummated felonies as well as those which are frustrated and
attempted, are punishable.

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A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when the
offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a

felony directly or over acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident
other than this own spontaneous desistance.

Art. 7. When light felonies are punishable. — Light felonies are

punishable only when they have been consummated, with the exception
of those committed against person or property.

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and

proposal to commit felony are punishable only in the cases in which the
law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave
felonies are those to which the law attaches the capital punishment or
penalties which in any of their periods are afflictive, in accordance with
Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which
in their maximum period are correctional, in accordance with the above-
mentioned Art..

Light felonies are those infractions of law for the commission of which a
penalty of arrest menor or a fine not exceeding 200 pesos or both; is
provided.

Art. 10. Offenses not subject to the provisions of this Code. — Offenses

which are or in the future may be punishable under special laws are not
subject to the provisions of this Code. This Code shall be supplementary
to such laws, unless the latter should specially provide the contrary. 
 

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 Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
  
Art. 11. Justifying circumstances. — The following do not incur any
criminal liability: 
 
1. Anyone who acts in defense of his person or rights, provided that
the following circumstances concur;  
First. Unlawful aggression.

Second. Reasonable necessity of the means employed to

prevent or repel it.

Third. Lack of sufficient provocation on the part of the person

defending himself.

2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers
or sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first
and second requisites prescribed in the next preceding circumstance
are present, and the further requisite, in case the revocation was
given by the person attacked, that the one making defense had no
part therein.

3. Anyone who acts in defense of the person or rights of a stranger,

provided that the first and second requisites mentioned in the first
circumstance of this Art. are present and that the person defending
be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act
which causes damage to another, provided that the following
requisites are present;  

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to

avoid it;

Third. That there be no other practical and less harmful means

of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful

exercise of a right or office.

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 6. Any person who acts in obedience to an order issued by a superior
for some lawful purpose.

Art. 12. Circumstances which exempt from criminal liability. — the

following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted
during a lucid interval.

When the imbecile or an insane person has committed an act which

the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of
this Code.

When such minor is adjudged to be criminally irresponsible, the

court, in conformably with the provisions of this and the preceding
paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education otherwise,
he shall be committed to the care of some institution or person
mentioned in said Art. 80.

4. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention
of causing it.

5. Any person who act under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear

of an equal or greater injury.

7. Any person who fails to perform an act required by law, when

prevented by some lawful insuperable cause.

Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
  
Art. 13. Mitigating circumstances. — The following are mitigating
circumstances;

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 1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal liability in
the respective cases are not attendant.

2. That the offender is under eighteen year of age or over seventy

years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of Art. 80.

3. That the offender had no intention to commit so grave a wrong as

that committed.

4. That sufficient provocation or threat on the part of the offended

party immediately preceded the act.

5. That the act was committed in the immediate vindication of a

grave offense to the one committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to

have produced passion or obfuscation.

7. That the offender had voluntarily surrendered himself to a person

in authority or his agents, or that he had voluntarily confessed his
guilt before the court prior to the presentation of the evidence for
the prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering

some physical defect which thus restricts his means of action,
defense, or communications with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the

will-power of the offender without however depriving him of the
consciousness of his acts.

10. And, finally, any other circumstances of a similar nature and

analogous to those above mentioned.

Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
  
Art. 14. Aggravating circumstances. — The following are aggravating
circumstances:
1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt or with insult to the

public authorities.

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3. That the act be committed with insult or in disregard of the
respect due the offended party on account of his rank, age, or sex,
or that is be committed in the dwelling of the offended party, if the
latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious

ungratefulness.

5. That the crime be committed in the palace of the Chief Executive

or in his presence, or where public authorities are engaged in the
discharge of their duties, or in a place dedicated to religious
worship.

6. That the crime be committed in the night time, or in an

uninhabited place, or by a band, whenever such circumstances may
facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted

together in the commission of an offense, it shall be deemed to have
been committed by a band.

7. That the crime be committed on the occasion of a conflagration,

shipwreck, earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or

persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of this Code.

10. That the offender has been previously punished by an offense to

which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward,

or promise.

12. That the crime be committed by means of inundation, fire,

poison, explosion, stranding of a vessel or international damage
thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation.

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 14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be

employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes

against the person, employing means, methods, or forms in the
execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which
the offended party might make.

17. That means be employed or circumstances brought about which

add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime a wall, roof,

floor, door, or window be broken.

20. That the crime be committed with the aid of persons under
fifteen years of age or by means of motor vehicles, motorized
watercraft, airships, or other similar means. (As amended by RA
5438).

21. That the wrong done in the commission of the crime be

deliberately augmented by causing other wrong not necessary for its
commissions.

Chapter Five
ALTERNATIVE CIRCUMSTANCES
  
Art. 15. Their concept. — Alternative circumstances are those which must
be taken into consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending its
commission. They are the relationship, intoxication and the degree of
instruction and education of the offender.

The alternative circumstance of relationship shall be taken into

consideration when the offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative
by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a

mitigating circumstances when the offender has committed a felony in a

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state of intoxication, if the same is not habitual or subsequent to the plan
to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance. 
 

Title Two
 
PERSONS CRIMINALLY LIABLE FOR FELONIES
  
Art. 16. Who are criminally liable. — The following are criminally liable
for grave and less grave felonies:
1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another

act without which it would not have been accomplished.

Art. 18. Accomplices. — Accomplices are those persons who, not being

included in Art. 17, cooperate in the execution of the offense by previous
or simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge of

the commission of the crime, and without having participated therein,
either as principals or accomplices, take part subsequent to its
commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the

effects of the crime.

2. By concealing or destroying the body of the crime, or the effects

or instruments thereof, in order to prevent its discovery.

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 3. By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with abuse of
his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty of some other
crime.

Art. 20. Accessories who are exempt from criminal liability. — The

penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article. 
 
Title Three
 
PENALTIES
 
Chapter One
PENALTIES IN GENERAL
  
Art. 21. Penalties that may be imposed. — No felony shall be punishable
by any penalty not prescribed by law prior to its commission.

Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a

retroactive effect insofar as they favor the persons guilty of a felony, who
is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of
this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.

Art. 23. Effect of pardon by the offended party. — A pardon of the

offended party does not extinguish criminal action except as provided in
Article 344 of this Code; but civil liability with regard to the interest of
the injured party is extinguished by his express waiver.

Art. 24. Measures of prevention or safety which are nor considered

penalties. — The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as

their detention by reason of insanity or imbecility, or illness
requiring their confinement in a hospital.

2. The commitment of a minor to any of the institutions mentioned

in Article 80 and for the purposes specified therein.

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 3. Suspension from the employment of public office during the trial
or in order to institute proceedings.

4. Fines and other corrective measures which, in the exercise of

their administrative disciplinary powers, superior officials may
impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil laws may
establish in penal form.

Chapter Two
CLASSIFICATION OF PENALTIES
  
Art. 25. Penalties which may be imposed. — The penalties which may be
imposed according to this Code, and their different classes, are those
included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua, 
Reclusion temporal, 
Perpetual or temporary absolute disqualification, 
Perpetual or temporary special disqualification, 
Prision mayor.

Correctional penalties:

Prision correccional, 
Arresto mayor, 
Suspension, 
Destierro.

Light penalties:

Arresto menor, 
Public censure.

Penalties common to the three preceding classes:

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 Fine, and 
Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification, 

Perpetual or temporary special disqualification, 
Suspension from public office, the right to vote and be voted for, the
profession or calling. 
Civil interdiction, 
Indemnification, 
Forfeiture or confiscation of instruments and proceeds of the
offense, 
Payment of costs.

Art. 26. When afflictive, correctional, or light penalty. — A fine, whether

imposed as a single of as an alternative penalty, shall be considered an
afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it
does not exceed 6,000 pesos but is not less than 200 pesos; and a light
penalty if it less than 200 pesos. 
 

Chapter Three
DURATION AND EFFECTS OF PENALTIES
 
Section One. — Duration of Penalties
  
Art. 27. Reclusion perpetua. — Any person sentenced to any of the
perpetual penalties shall be pardoned after undergoing the penalty for
thirty years, unless such person by reason of his conduct or some other
serious cause shall be considered by the Chief Executive as unworthy of
pardon.

Reclusion temporal. — The penalty of reclusion temporal shall be from

twelve years and one day to twenty years.

Prision mayor and temporary disqualification. — The duration of the

penalties of prision mayor and temporary disqualification shall be from
six years and one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. — The duration of the

penalties of prision correccional, suspension and destierro shall be from
six months and one day to six years, except when suspension is imposed

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as an accessory penalty, in which case, its duration shall be that of the
principal penalty.

Arresto mayor. — The duration of the penalty of arresto mayor shall be

from one month and one day to six months.

Arresto menor. — The duration of the penalty of arresto menor shall be

from one day to thirty days.

Bond to keep the peace. — The bond to keep the peace shall be required
to cover such period of time as the court may determine.

Art. 28. Computation of penalties. — If the offender shall be in prison, the

term of the duration of the temporary penalties shall be computed from
the day on which the judgment of conviction shall have become final.

If the offender be not in prison, the term of the duration of the penalty
consisting of deprivation of liberty shall be computed from the day that
the offender is placed at the disposal of the judicial authorities for the
enforcement of the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant commences to serve
his sentence.

Art. 29. Period of preventive imprisonment deducted from term of

imprisonment. — Offenders who have undergone preventive imprisonment
shall be credited in the service of their sentence consisting of deprivation
of liberty, with the full time during which they have undergone preventive
imprisonment, if the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon convicted prisoners,
except in the following cases:

1. When they are recidivists or have been convicted previously twice

or more times of any crime; and

2. When upon being summoned for the execution of their sentence

they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall be credited in the
service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment. (As amended by Republic Act 6127,
June 17, 1970).

Whenever an accused has undergone preventive imprisonment for a

period equal to or more than the possible maximum imprisonment of the
offense charged to which he may be sentenced and his case is not yet

13
terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same
is under review. In case the maximum penalty to which the accused may
be sentenced is destierro, he shall be released after thirty (30) days of
preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988). 
 

Section Two. — Effects of the penalties

according to their respective nature
  
Art. 30. Effects of the penalties of perpetual or temporary absolute
disqualification. — The penalties of perpetual or temporary absolute
disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the
offender may have held even if conferred by popular election.

2. The deprivation of the right to vote in any election for any

popular office or to be elected to such office.

3. The disqualification for the offices or public employments and for

the exercise of any of the rights mentioned. 
  
In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during the
term of the sentence.

4. The loss of all rights to retirement pay or other pension for any
office formerly held.

Art. 31. Effect of the penalties of perpetual or temporary special

disqualification. — The penalties of perpetual or temporal special
disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling
affected;

2. The disqualification for holding similar offices or employments

either perpetually or during the term of the sentence according to
the extent of such disqualification.

Art. 32. Effect of the penalties of perpetual or temporary special

disqualification for the exercise of the right of suffrage. — The perpetual
or temporary special disqualification for the exercise of the right of
suffrage shall deprive the offender perpetually or during the term of the
sentence, according to the nature of said penalty, of the right to vote in
any popular election for any public office or to be elected to such office.

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Moreover, the offender shall not be permitted to hold any public office
during the period of his disqualification.

Art. 33. Effects of the penalties of suspension from any public office,

profession or calling, or the right of suffrage. — The suspension from
public office, profession or calling, and the exercise of the right of
suffrage shall disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage during the term
of the sentence.

The person suspended from holding public office shall not hold another
having similar functions during the period of his suspension.

Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender

during the time of his sentence of the rights of parental authority, or
guardianship, either as to the person or property of any ward, of marital
authority, of the right to manage his property and of the right to dispose
of such property by any act or any conveyance inter vivos.

Art. 35. Effects of bond to keep the peace. — It shall be the duty of any
person sentenced to give bond to keep the peace, to present two
sufficient sureties who shall undertake that such person will not commit
the offense sought to be prevented, and that in case such offense be
committed they will pay the amount determined by the court in the
judgment, or otherwise to deposit such amount in the office of the clerk
of the court to guarantee said undertaking.

The court shall determine, according to its discretion, the period of

duration of the bond.

Should the person sentenced fail to give the bond as required he shall be
detained for a period which shall in no case exceed six months, is he shall
have been prosecuted for a grave or less grave felony, and shall not exceed
thirty days, if for a light felony.

Art. 36. Pardon; its effect. — A pardon shall not work the restoration of
the right to hold public office, or the right of suffrage, unless such rights
be expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil
indemnity imposed upon him by the sentence.

Art. 37. Cost; What are included. — Costs shall include fees and
indemnities in the course of the judicial proceedings, whether they be
fixed or unalterable amounts previously determined by law or regulations
in force, or amounts not subject to schedule.

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Art. 38. Pecuniary liabilities; Order of payment. — In case the property of
the offender should not be sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.

4. The cost of the proceedings.

Art. 39. Subsidiary penalty. — If the convict has no property with which

to meet the fine mentioned in the paragraph 3 of the nest preceding
article, he shall be subject to a subsidiary personal liability at the rate of
one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto
and fine, he shall remain under confinement until his fine referred
to in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term of the
sentence, and in no case shall it continue for more than one year,
and no fraction or part of a day shall be counted against the
prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary

imprisonment shall not exceed six months, if the culprit shall have
been prosecuted for a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony.

3. When the principal imposed is higher than prision correccional,

no subsidiary imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by

confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as
those of which the principal penalty consists.

5. The subsidiary personal liability which the convict may have

suffered by reason of his insolvency shall not relieve him, from the
fine in case his financial circumstances should improve. (As
amended by RA 5465, April 21, 1969).

Section Three. — Penalties in which other accessory penalties

are inherent

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Art. 40. Death; Its accessory penalties. — The death penalty, when it is
not executed by reason of commutation or pardon shall carry with it that
of perpetual absolute disqualification and that of civil interdiction during
thirty years following the date sentence, unless such accessory penalties
have been expressly remitted in the pardon.

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory

penalties. — The penalties of reclusion perpetua and reclusion temporal
shall carry with them that of civil interdiction for life or during the period
of the sentence as the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though pardoned as
to the principal penalty, unless the same shall have been expressly
remitted in the pardon.

Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision

mayor, shall carry with it that of temporary absolute disqualification and
that of perpetual special disqualification from the right of suffrage which
the offender shall suffer although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon.

Art. 43. Prision correccional; Its accessory penalties. — The penalty of

prision correccional shall carry with it that of suspension from public
office, from the right to follow a profession or calling, and that of
perpetual special disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article although
pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon.

Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall

carry with it that of suspension of the right too hold office and the right
of suffrage during the term of the sentence.

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the

crime. — Every penalty imposed for the commission of a felony shall
carry with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited

in favor of the Government, unless they be property of a third person not
liable for the offense, but those articles which are not subject of lawful
commerce shall be destroyed.

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 Chapter Four
APPLICATION OF PENALTIES
 
Section One. — Rules for the application of penalties
to the persons criminally liable and for the graduation of the same.
  
Art. 46. Penalty to be imposed upon principals in general. — The penalty
prescribed by law for the commission of a felony shall be imposed upon
the principals in the commission of such felony.

Whenever the law prescribes a penalty for a felony is general terms, it

shall be understood as applicable to the consummated felony.

Art. 47. In what cases the death penalty shall not be imposed. — The
death penalty shall be imposed in all cases in which it must be imposed
under existing laws, except in the following cases:

1. When the guilty person be more than seventy years of age.

2. When upon appeal or revision of the case by the Supreme court,

all the members thereof are not unanimous in their voting as to the
propriety of the imposition of the death penalty. For the imposition
of said penalty or for the confirmation of a judgment of the inferior
court imposing the death sentence, the Supreme Court shall render
its decision per curiam, which shall be signed by all justices of said
court, unless some member or members thereof shall have been
disqualified from taking part in the consideration of the case, in
which even the unanimous vote and signature of only the remaining
justices shall be required.

Art. 48. Penalty for complex crimes. — When a single act constitutes two
or more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime
shall be imposed, the same to be applied in its maximum period.

Art. 49. Penalty to be imposed upon the principals when the crime

committed is different from that intended. — In cases in which the felony
committed is different from that which the offender intended to commit,
the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than

that corresponding to the offense which the accused intended to
commit, the penalty corresponding to the latter shall be imposed in
its maximum period.

18
 2. If the penalty prescribed for the felony committed be lower than
that corresponding to the one which the accused intended to
commit, the penalty for the former shall be imposed in its maximum
period.

3. The rule established by the next preceding paragraph shall not be

applicable if the acts committed by the guilty person shall also
constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in which
case the penalty provided for the attempted or the frustrated crime
shall be imposed in its maximum period.

Art. 50. Penalty to be imposed upon principals of a frustrated  crime. —

The penalty next lower in degree than that prescribed by law for the
consummated felony shall be imposed upon the principal in a frustrated
felony.

Art. 51. Penalty to be imposed upon principals of attempted crimes. — A

penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the principals in an attempt
to commit a felony.

Art. 52. Penalty to be imposed upon accomplices in

consummated crime. — The penalty next lower in degree than that
prescribed by law for the consummated shall be imposed upon the
accomplices in the commission of a consummated felony.

Art. 53. Penalty to be imposed upon accessories to the commission of a

consummated felony. — The penalty lower by two degrees than that
prescribed by law for the consummated felony shall be imposed upon the
accessories to the commission of a consummated felony.

Art. 54. Penalty to imposed upon accomplices in a frustrated  crime. —

The penalty next lower in degree than prescribed by law for the frustrated
felony shall be imposed upon the accomplices in the commission of a
frustrated felony.

Art. 55. Penalty to be imposed upon accessories of a frustrated  crime. —

The penalty lower by two degrees than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the
commission of a frustrated felony.

Art. 56. Penalty to be imposed upon accomplices in an

attempted crime. — The penalty next lower in degree than that prescribed
by law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.

19
Art. 57. Penalty to be imposed upon accessories of an attempted crime. —
The penalty lower by two degrees than that prescribed by law for the
attempted felony shall be imposed upon the accessories to the attempt to
commit a felony.

Art. 58. Additional penalty to be imposed upon certain accessories. —

Those accessories falling within the terms of paragraphs 3 of Article 19 of
this Code who should act with abuse of their public functions, shall suffer
the additional penalty of absolute perpetual disqualification if the
principal offender shall be guilty of a grave felony, and that of absolute
temporary disqualification if he shall be guilty of a less grave felony.

Art. 59. Penalty to be imposed in case of failure to commit the crime

because the means employed or the aims sought are impossible. — When
the person intending to commit an offense has already performed the acts
for the execution of the same but nevertheless the crime was not
produced by reason of the fact that the act intended was by its nature one
of impossible accomplishment or because the means employed by such
person are essentially inadequate to produce the result desired by him,
the court, having in mind the social danger and the degree of criminality
shown by the offender, shall impose upon him the penalty of arresto
mayor or a fine from 200 to 500 pesos.

Art. 60. Exception to the rules established in Articles 50 to 57. — The

provisions contained in Articles 50 to 57, inclusive, of this Code shall not
be applicable to cases in which the law expressly prescribes the penalty
provided for a frustrated or attempted felony, or to be imposed upon
accomplices or accessories.

Art. 61. Rules for graduating penalties. — For the purpose of graduating

the penalties which, according to the provisions of Articles 50 to 57,
inclusive, of this Code, are to be imposed upon persons guilty as
principals of any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and

indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two

indivisible penalties, or of one or more divisible penalties to be
impose to their full extent, the penalty next lower in degree shall be
that immediately following the lesser of the penalties prescribed in
the respective graduated scale.

20
 3. When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum period of another
divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper
divisible penalty and the maximum periods of the proper divisible
penalty and the maximum period of that immediately following in
said respective graduated scale.

4. when the penalty prescribed for the crime is composed of several

periods, corresponding to different divisible penalties, the penalty
next lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following,
which shall be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in the above
mentioned respective graduated scale.

5. When the law prescribes a penalty for a crime in some manner

not especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and accessories.

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Penalty to Penalty to Penalty to Penalty

Prescribe be imposed be imposed be imposed to be
for the upon the upon the upon the imposed
crime principal in principal in accessory upon the
a frustrated an in a accessory
crime, and attempted frustrated in an
accomplice crime, the crime, and attempte
in a accessory in the d crime
consummat the accomplice
ed crime consummat s in an
ed crime attempted
and the crime
accomplices
in a
frustrated
crime.
First Death Reclusion Reclusion Prision Prision
Case Perpetua Temporal Mayor Correccion
al

21
 Secon Reclusion Reclusion Prision Prision Arresto
d Perpetua t Temporal Mayor Correccional Mayor
Case o Death
Third Reclusion Prision Prision Arresto Fine
Case Temporal i Mayor in its correccional i Mayor in it s and Arrest
n its maximum n its maximum o Mayor in
maximum period maximum period its
period to to reclusion period to prision minimum
death temporal in to prision correccional  and
its medium mayor in its in its medium
period medium medium periods
period period
Fourt Prision Prision Arresto Fine Fine.
h Mayor in correccional i mayor in its and Arresto
Case its n its maximum Mayor in its
maximum maximum period minimum
period period to prision and medium
to reclusio to prision correccional i periods
n temporal mayor in its n its medium
in its medium period.
medium period.
period.

Section Two. — Rules for the application of penalties with regard to

the mitigating and aggravating circumstances, and habitual
delinquency.

Art. 62. Effect of the attendance of mitigating or aggravating

circumstances and of habitual delinquency. — Mitigating or aggravating
circumstances and habitual delinquency shall be taken into account for
the purpose of diminishing or increasing the penalty in conformity with
the following rules:
1. Aggravating circumstances which in themselves constitute a
crime specially punishable by law or which are included by the law
in defining a crime and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating

circumstance inherent in the crime to such a degree that it must of
necessity accompany the commission thereof.

22
 3. Aggravating or mitigating circumstances which arise from the
moral attributes of the offender, or from his private relations with
the offended party, or from any other personal cause, shall only
serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are
attendant.

4. The circumstances which consist in the material execution of the

act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their
cooperation therein.

5. Habitual delinquency shall have the following effects: 

 

(a) Upon a third conviction the culprit shall be sentenced to

the penalty provided by law for the last crime of which he be
found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to

the penalty provided for the last crime of which he be found
guilty and to the additional penalty of prision mayor in its
minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be

sentenced to the penalty provided for the last crime of which
he be found guilty and to the additional penalty of prision
mayor in its maximum period to reclusion temporal in its
minimum period.

Notwithstanding the provisions of this article, the total of the two

penalties to be imposed upon the offender, in conformity herewith, shall
in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual

delinquent, is within a period of ten years from the date of his release or
last conviction of the crimes of serious or less serious physical
injuries, robo, hurto, estafa or falsification, he is found guilty of any of
said crimes a third time or oftener.

Art. 63. Rules for the application of indivisible penalties. — In all cases

in which the law prescribes a single indivisible penalty, it shall be applied
by the courts regardless of any mitigating or aggravating circumstances
that may have attended the commission of the deed.

23
In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the
application thereof:

1. When in the commission of the deed there is present only one

aggravating circumstance, the greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances

and there is no aggravating circumstance, the lesser penalty shall be
applied.

3. When the commission of the act is attended by some mitigating

circumstances and there is no aggravating circumstance, the lesser
penalty shall be applied.

4. When both mitigating and aggravating circumstances attended

the commission of the act, the court shall reasonably allow them to
offset one another in consideration of their number and importance,
for the purpose of applying the penalty in accordance with the
preceding rules, according to the result of such compensation.

Art. 64. Rules for the application of penalties which contain three

periods. — In cases in which the penalties prescribed by law contain three
periods, whether it be a single divisible penalty or composed of three
different penalties, each one of which forms a period in accordance with
the provisions of Articles 76 and 77, the court shall observe for the
application of the penalty the following rules, according to whether there
are or are not mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances,
they shall impose the penalty prescribed by law in its medium
period.

2. When only a mitigating circumstances is present in the

commission of the act, they shall impose the penalty in its
minimum period.

3. When an aggravating circumstance is present in the commission

of the act, they shall impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present,

the court shall reasonably offset those of one class against the other
according to their relative weight.

5. When there are two or more mitigating circumstances and no

aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it

24
 may deem applicable, according to the number and nature of such
circumstances.

6. Whatever may be the number and nature of the aggravating

circumstances, the courts shall not impose a greater penalty than
that prescribed by law, in its maximum period.

7. Within the limits of each period, the court shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater and lesser
extent of the evil produced by the crime.

Art. 65. Rule in cases in which the penalty is not composed of three

periods. — In cases in which the penalty prescribed by law is not
composed of three periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal portions of time included
in the penalty prescribed, and forming one period of each of the three
portions.

Art. 66. Imposition of fines. — In imposing fines the courts may fix any
amount within the limits established by law; in fixing the amount in each
case attention shall be given, not only to the mitigating and aggravating
circumstances, but more particularly to the wealth or means of the
culprit.

Art. 67. Penalty to be imposed when not all the requisites of exemption of

the fourth circumstance of Article 12 are present.— When all the
conditions required in circumstances Number 4 of Article 12 of this Code
to exempt from criminal liability are not present, the penalty of arresto
mayor in its maximum period to prision correccional in its minimum
period shall be imposed upon the culprit if he shall have been guilty of a
grave felony, and arresto mayor in its minimum and medium periods, if of
a less grave felony.

Art. 68. Penalty to be imposed upon a person under eighteen years of

age. — When the offender is a minor under eighteen years and his case is
one coming under the provisions of the paragraphs next to the last of
Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not
exempted from liability by reason of the court having declared that
he acted with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.

25
 2. Upon a person over fifteen and under eighteen years of age the
penalty next lower than that prescribed by law shall be imposed, but
always in the proper period.

Art. 69. Penalty to be imposed when the crime committed is not wholly

excusable. — A penalty lower by one or two degrees than that prescribed
by law shall be imposed if the deed is not wholly excusable by reason of
the lack of some of the conditions required to justify the same or to
exempt from criminal liability in the several cases mentioned in Article
11 and 12, provided that the majority of such conditions be present. The
courts shall impose the penalty in the period which may be deemed
proper, in view of the number and nature of the conditions of exemption
present or lacking.

Art. 70. Successive service of sentence. — When the culprit has to serve

two or more penalties, he shall serve them simultaneously if the nature of
the penalties will so permit otherwise, the following rules shall be
observed:

In the imposition of the penalties, the order of their respective severity

shall be followed so that they may be executed successively or as nearly
as may be possible, should a pardon have been granted as to the penalty
or penalties first imposed, or should they have been served out.

For the purpose of applying the provisions of the next preceding

paragraph the respective severity of the penalties shall be determined in
accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

26
 10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for,
the right to follow a profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum

duration of the convict's sentence shall not be more than three-fold the
length of time corresponding to the most severe of the penalties imposed
upon him. No other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties

(pena perpetua) shall be computed at thirty years. (As amended).

Art. 71. Graduated scales. — In the case in which the law prescribed a

penalty lower or higher by one or more degrees than another given
penalty, the rules prescribed in Article 61 shall be observed in graduating
such penalty.

The lower or higher penalty shall be taken from the graduated scale in
which is comprised the given penalty.

The courts, in applying such lower or higher penalty, shall observe the
following graduated scales:

SCALE NO. 1
1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

27
 9. Public censure,

10. Fine.  

SCALE NO. 2
1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be

voted for, the right to follow a profession or calling,

4. Public censure,

5. Fine.

Art. 72. Preference in the payment of the civil liabilities. — The civil

liabilities of a person found guilty of two or more offenses shall be
satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order of
time. 
 
Section Three. — Provisions common in the last two preceding sections
 
Art. 73. Presumption in regard to the imposition of accessory penalties.
— Whenever the courts shall impose a penalty which, by provision of law,
carries with it other penalties, according to the provisions of Articles 40,
41, 42, 43 and 44 of this Code, it must be understood that the accessory
penalties are also imposed upon the convict.

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In

cases in which the law prescribes a penalty higher than another given
penalty, without specially designating the name of the former, if such
higher penalty should be that of death, the same penalty and the
accessory penalties of Article 40, shall be considered as the next higher
penalty.

Art. 75. Increasing or reducing the penalty of fine by one or more

degrees. — Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be increased or reduced,
respectively, for each degree, by one-fourth of the maximum amount
prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist
of a fixed amount, but are made proportional.

28
Art. 76. Legal period of duration of divisible penalties. — The legal period
of duration of divisible penalties shall be considered as divided into three
parts, forming three periods, the minimum, the medium, and the
maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE

TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time

included included included included
in the in its in its in its
penalty in minimum medium maximum
its period period
entirety
Reclusion temporal From 12 From 12 From 14 From 17
years and years and years, 8 years, 4
1 day to 1 day to months months
20 years. 14 years and 1 day and 1 day
and 8 to 17 to 20
months. years and years.
4 months.
Prision mayor, absolute From 6 From 6 From 8 From 10
disqualification and years and years and years and years and
special temporary 1 day to 1 day to 8 1 day to 1 day to
disqualification 12 years. years. 10 years. 12 years.
Prision From 6 From 6 From 2 From 4
correccional, suspensio months months years, 4 years, 2
n and destierro and 1 day and 1 day months months
to 6 years. to 2 years and 1 day and 1 day
and 4 to 4 years to 6 years.
months. and 2
months.
Arresto mayor From 1 From 1 to From 2 From 4
month 2 months. months months
and 1 day and 1 day and 1 day
to months. to 4 to 6
months. months.
Arresto menor From 1 to From 1 to From 11 From 21
30 days. 10 days. to 20 to 30
days. days.

29
Art. 77. When the penalty is a complex one composed of three distinct
penalties. — In cases in which the law prescribes a penalty composed of
three distinct penalties, each one shall form a period; the lightest of them
shall be the minimum the next the medium, and the most severe the
maximum period.

Whenever the penalty prescribed does not have one of the forms specially
provided for in this Code, the periods shall be distributed, applying by
analogy the prescribed rules.

Chapter Five
EXECUTION AND SERVICE OF PENALTIES
 
Section One. — General Provisions
  
Art. 78. When and how a penalty is to be executed. — No penalty shall be
executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by
law, nor with any other circumstances or incidents than those expressly
authorized thereby.

In addition to the provisions of the law, the special regulations prescribed

for the government of the institutions in which the penalties are to be
suffered shall be observed with regard to the character of the work to be
performed, the time of its performance, and other incidents connected
therewith, the relations of the convicts among themselves and other
persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in
different institutions, or at least into different departments and also for
the correction and reform of the convicts.

Art. 79. Suspension of the execution and service of the penalties in case

of insanity. — When a convict shall become insane or an imbecile after
final sentence has been pronounced, the execution of said sentence shall
be suspended only with regard to the personal penalty, the provisions of
the second paragraph of circumstance number 1 of Article 12 being
observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be
executed, unless the penalty shall have prescribed in accordance with the
provisions of this Code.

30
The respective provisions of this section shall also be observed if the
insanity or imbecility occurs while the convict is serving his sentence.

Art. 80. Suspension of sentence of minor delinquents. — Whenever a

minor of either sex, under sixteen years of age at the date of the
commission of a grave or less grave felony, is accused thereof, the court,
after hearing the evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall suspend all further proceedings
and shall commit such minor to the custody or care of a public or private,
benevolent or charitable institution, established under the law of the care,
correction or education of orphaned, homeless, defective, and delinquent
children, or to the custody or care of any other responsible person in any
other place subject to visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if there be any, or
otherwise by the superintendent of public schools or his representatives,
subject to such conditions as are prescribed hereinbelow until such minor
shall have reached his majority age or for such less period as the court
may deem proper.

The court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of kin, in
order to avoid his commitment to any private institution not under the
control and supervision of the religious sect or denomination to which
they belong.

The Director of Public Welfare or his duly authorized representatives or

agents, the superintendent of public schools or his representatives, or the
person to whose custody or care the minor has been committed, shall
submit to the court every four months and as often as required in special
cases, a written report on the good or bad conduct of said minor and the
moral and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or

shortened by the court on the recommendation of the Director of Public
Welfare or his authorized representative or agents, or the superintendent
of public schools or his representatives, according as to whether the
conduct of such minor has been good or not and whether he has complied
with the conditions imposed upon him, or not. The provisions of the first
paragraph of this article shall not, however, be affected by those
contained herein.

If the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with the
approval of the Director of Public Welfare and subject to such conditions
as this official in accordance with law may deem proper to impose, such

31
minor may be allowed to stay elsewhere under the care of a responsible
person.

If the minor has behaved properly and has complied with the conditions
imposed upon him during his confinement, in accordance with the
provisions of this article, he shall be returned to the court in order that
the same may order his final release.

In case the minor fails to behave properly or to comply with the

regulations of the institution to which he has been committed or with the
conditions imposed upon him when he was committed to the care of a
responsible person, or in case he should be found incorrigible or his
continued stay in such institution should be inadvisable, he shall be
returned to the court in order that the same may render the judgment
corresponding to the crime committed by him.

The expenses for the maintenance of a minor delinquent confined in the

institution to which he has been committed, shall be borne totally or
partially by his parents or relatives or those persons liable to support him,
if they are able to do so, in the discretion of the court; Provided, That in
case his parents or relatives or those persons liable to support him have
not been ordered to pay said expenses or are found indigent and cannot
pay said expenses, the municipality in which the offense was committed
shall pay one-third of said expenses; the province to which the
municipality belongs shall pay one-third; and the remaining one-third
shall be borne by the National Government: Provided, however, That
whenever the Secretary of Finance certifies that a municipality is not able
to pay its share in the expenses above mentioned, such share which is not
paid by said municipality shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case a
chartered city cannot pay said expenses, the internal revenue allotments
which may be due to said city shall be withheld and applied in settlement
of said indebtedness in accordance with section five hundred and eighty-
eight of the Administrative Code.

Section Two. — Execution of principal penalties.

  
Art. 81. When and how the death penalty is to be executed. — The death
sentence shall be executed with reference to any other and shall consist
in putting the person under sentence to death by electrocution. The death
sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the person
under sentence during electrocution as well as during the proceedings
prior to the execution.

32
If the person under sentence so desires, he shall be anaesthetized at the
moment of the electrocution.

Art. 82. Notification and execution of the sentence and assistance to the

culprit. — The court shall designate a working day for the execution but
not the hour thereof; and such designation shall not be communicated to
the offender before sunrise of said day, and the execution shall not take
place until after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, in so far as possible, be
furnished such assistance as he may request in order to be attended in his
last moments by priests or ministers of the religion he professes and to
consult lawyers, as well as in order to make a will and confer with
members of his family or persons in charge of the management of his
business, of the administration of his property, or of the care of his
descendants.

Art. 83. Suspension of the execution of the death sentence. — The death

sentence shall not be inflicted upon a woman within the three years next
following the date of the sentence or while she is pregnant, nor upon any
person over seventy years of age. In this last case, the death sentence
shall be commuted to the penalty of reclusion perpetua with the
accessory penalties provided in Article 40.

Art. 84. Place of execution and persons who may witness the same. —

The execution shall take place in the penitentiary of Bilibid in a space
closed to the public view and shall be witnessed only by the priests
assisting the offender and by his lawyers, and by his relatives, not
exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the Director
of Prisons may authorize.

Art. 85. Provisions relative to the corpse of the person executed and its
burial. — Unless claimed by his family, the corpse of the culprit shall,
upon the completion of the legal proceedings subsequent to the
execution, be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the decent burial of the
remains. Otherwise, the Director of Prisons shall order the burial of the
body of the culprit at government expense, granting permission to be
present thereat to the members of the family of the culprit and the
friends of the latter. In no case shall the burial of the body of a person
sentenced to death be held with pomp.

33
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor. — The penalties of reclusion perpetua,
reclusion temporal, prision mayor, prision correccional and arresto
mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which
may be provided by law in the future.

Art. 87. Destierro. — Any person sentenced to destierro shall not be

permitted to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not more than 250 and
not less than 25 kilometers from the place designated.

Art. 88. Arresto menor. — The penalty of arresto menor shall be served in

the municipal jail, or in the house of the defendant himself under the
surveillance of an officer of the law, when the court so provides in its
decision, taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.

Title Four
 
EXTINCTION OF CRIMINAL LIABILITY
 
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
  
Art. 89. How criminal liability is totally extinguished. — Criminal
liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to
pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all

its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article

344 of this Code.

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Art. 90. Prescription of crime. — Crimes punishable by death, reclusion
perpetua or reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen

years.

Those punishable by a correctional penalty shall prescribe in ten years;

with the exception of those punishable by arresto mayor, which shall
prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six
months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty
shall be made the basis of the application of the rules contained in the
first, second and third paragraphs of this article. (As amended by RA
4661, approved June 19, 1966).

Art. 91. Computation of prescription of offenses. — The period of

prescription shall commence to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and
shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.

The term of prescription shall not run when the offender is absent from
the Philippine Archipelago.

Art. 92. When and how penalties prescribe. — The penalties imposed by

final sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the

penalty of arresto mayor, which prescribes in five years;

4. Light penalties, in one year.

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Art. 93. Computation of the prescription of penalties. — The period of
prescription of penalties shall commence to run from the date when the
culprit should evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be captured, should
go to some foreign country with which this Government has no
extradition treaty, or should commit another crime before the expiration
of the period of prescription.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94. Partial Extinction of criminal liability. — Criminal liability is

extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he
is serving his sentence.

Art. 95. Obligation incurred by person granted conditional pardon. —

Any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein
otherwise, his non-compliance with any of the conditions specified shall
result in the revocation of the pardon and the provisions of Article 159
shall be applied to him.

Art. 96. Effect of commutation of sentence. — The commutation of the

original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in the place of the former.

Art. 97. Allowance for good conduct. — The good conduct of any prisoner
in any penal institution shall entitle him to the following deductions from
the period of his sentence:

1. During the first two years of his imprisonment, he shall be

allowed a deduction of five days for each month of good behavior;

2. During the third to the fifth year, inclusive, of his imprisonment,

he shall be allowed a deduction of eight days for each month of good
behavior;

3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for each
month of good behavior; and

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 4. During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of fifteen days for each month of good
behavior.

Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of

the period of his sentence shall be granted to any prisoner who, having
evaded the service of his sentence under the circumstances mentioned in
Article 58 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe to in said article.

Art. 99. Who grants time allowances. — Whenever lawfully justified, the

Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.

Title Five
 
CIVIL LIABILITY
 
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
  
Art. 100. Civil liability of a person guilty of felony. — Every person
criminally liable for a felony is also civilly liable.

Art. 101. Rules regarding civil liability in certain cases. — The

exemption from criminal liability established in subdivisions 1, 2, 3, 5 and
6 of Article 12 and in subdivision 4 of Article 11 of this Code does not
include exemption from civil liability, which shall be enforced subject to
the following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability

for acts committed by an imbecile or insane person, and by a person
under nine years of age, or by one over nine but under fifteen years of age,
who has acted without discernment, shall devolve upon those having such
person under their legal authority or control, unless it appears that there
was no fault or negligence on their part.

Should there be no person having such insane, imbecile or minor under

his authority, legal guardianship or control, or if such person be insolvent,
said insane, imbecile, or minor shall respond with their own property,
excepting property exempt from execution, in accordance with the civil
law.

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Second. In cases falling within subdivision 4 of Article 11, the persons for
whose benefit the harm has been prevented shall be civilly liable in
proportion to the benefit which they may have received.

The courts shall determine, in sound discretion, the proportionate

amount for which each one shall be liable.

When the respective shares cannot be equitably determined, even

approximately, or when the liability also attaches to the Government, or
to the majority of the inhabitants of the town, and, in all events,
whenever the damages have been caused with the consent of the
authorities or their agents, indemnification shall be made in the manner
prescribed by special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of Article 12, the

persons using violence or causing the fears shall be primarily liable and
secondarily, or, if there be no such persons, those doing the act shall be
liable, saving always to the latter that part of their property exempt from
execution.

Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and

proprietors of establishments. — In default of the persons criminally
liable, innkeepers, tavernkeepers, and any other persons or corporations
shall be civilly liable for crimes committed in their establishments, in all
cases where a violation of municipal ordinances or some general or special
police regulation shall have been committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods taken by
robbery or theft within their houses from guests lodging therein, or for
the payment of the value thereof, provided that such guests shall have
notified in advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall furthermore
have followed the directions which such innkeeper or his representative
may have given them with respect to the care and vigilance over such
goods. No liability shall attach in case of robbery with violence against or
intimidation of persons unless committed by the innkeeper's employees.

Art. 103. Subsidiary civil liability of other persons. — The subsidiary

liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind of
industry for felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties. 
 

Chapter Two
WHAT CIVIL LIABILITY INCLUDES

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Art. 104. What is included in civil liability. — The civil liability
established in Articles 100, 101, 102, and 103 of this Code includes:
1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

Art. 105. Restitution; How made. — The restitution of the thing itself

must be made whenever possible, with allowance for any deterioration, or
diminution of value as determined by the court.

The thing itself shall be restored, even though it be found in the

possession of a third person who has acquired it by lawful means, saving
to the latter his action against the proper person, who may be liable to
him.

This provision is not applicable in cases in which the thing has been
acquired by the third person in the manner and under the requirements
which, by law, bar an action for its recovery.

Art. 106. Reparation; How made. — The court shall determine the

amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured party,
and reparation shall be made accordingly.

Art. 107. Indemnification; What is included. — Indemnification for

consequential damages shall include not only those caused the injured
party, but also those suffered by his family or by a third person by reason
of the crime.

Art. 108. Obligation to make restoration, reparation for damages, or

indemnification for consequential damages and actions to demand the
same; Upon whom it devolves. — The obligation to make restoration or
reparation for damages and indemnification for consequential damages
devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemnification

likewise descends to the heirs of the person injured.

Art. 109. Share of each person civilly liable. — If there are two or more
persons civilly liable for a felony, the courts shall determine the amount
for which each must respond.

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Art. 110. Several and subsidiary liability of principals, accomplices and
accessories of a felony; Preference in payment. — Notwithstanding the
provisions of the next preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and subsidiaries for those of
the other persons liable.

The subsidiary liability shall be enforced, first against the property of the
principals; next, against that of the accomplices, and, lastly, against that
of the accessories.

Whenever the liability in solidum or the subsidiary liability has been

enforced, the person by whom payment has been made shall have a right
of action against the others for the amount of their respective shares.

Art. 111. Obligation to make restitution in certain cases. — Any person

who has participated gratuitously in the proceeds of a felony shall be
bound to make restitution in an amount equivalent to the extent of such
participation. 
 

Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
  
Art. 112. Extinction of civil liability. — Civil liability established in
Articles 100, 101, 102, and 103 of this Code shall be extinguished in the
same manner as obligations, in accordance with the provisions of the Civil
Law.
.
Art. 113. Obligation to satisfy civil liability. — Except in case of
extinction of his civil liability as provided in the next preceding article
the offender shall continue to be obliged to satisfy the civil liability
resulting from the crime committed by him, notwithstanding the fact that
he has served his sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by reason of amnesty,
pardon, commutation of sentence or any other reason.

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