BOOK TWO Article 117. Espionage.

- The penalty of prision correccional shall be inflicted upon any

Title One 1. Without authority therefor, enters a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photographs, or
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS other data of a confidential nature relative to the defense of the Philippine
Archipelago; or
Chapter One
CRIMES AGAINST NATIONAL SECURITY 2. Being in possession, by reason of the public office he holds, of the articles, data,
or information referred to in the preceding paragraph, discloses their contents to
Section One. - Treason and espionage a representative of a foreign nation.

Article 114. Treason. - Any person who, owing allegiance to (the United States or) the The penalty next higher in degree shall be imposed if the offender be a public officer or
Government of the Philippine Islands, not being a foreigner, levies war against them or employee.
adheres to their enemies, giving them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to Section Two. - Provoking war and disloyalty in case of war
exceed P20,000 pesos.
Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion temporal
No person shall be convicted of treason unless on the testimony of two witnesses at least shall be imposed upon any public officer or employee, and that of prision mayor upon any
to the same overt act or on confession of the accused in open court. private individual, who, by unlawful or unauthorized acts provokes or gives occasion for
a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as reprisals on their persons or property.
defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall
pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945). Article 119. Violation of neutrality. - The penalty of prision correccional shall be inflicted
upon anyone who, on the occasion of a war in which the Government is not involved,
Article 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or proposal to violates any regulation issued by competent authority for the purpose of enforcing
commit the crime of treason shall be punished respectively, by prision mayor and a fine neutrality.
not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000
pesos. Article 120. Correspondence with hostile country. - Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be
Article 116. Misprision of treason. - Every person owing allegiance to (the United States) the punished:
Government of the Philippine Islands, without being a foreigner, and having knowledge
of any conspiracy against them, conceals or does not disclose and make known the same, 1. By prision correccional, if the correspondence has been prohibited by the
as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the Government;
city in which he resides, as the case may be, shall be punished as an accessory to the crime
of treason. 2. By prision mayor, if such correspondence be carried on in ciphers or
conventional signs; and
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 3. By reclusion temporal, if notice or information be given thereby which might Title Two
be useful to the enemy. If the offender intended to aid the enemy by giving such
notice or information, he shall suffer the penalty of reclusion temporal to death. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Article 121. Flight to enemy country. - The penalty of arresto mayor shall be inflicted upon any Chapter One
person who, owing allegiance to the Government, attempts to flee or go to an enemy
country when prohibited by competent authority. ARBITRARY DETENTION OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
Section Three. - Piracy and mutiny on the high seas or in Philippine waters PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

Article 122. Piracy in general and mutiny on the high seas. - The penalty of reclusion temporal Section One. - Arbitrary detention and expulsion
shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or,
not being a member of its complement nor a passenger, shall seize the whole or part of Article 124. Arbitrary detention. - Any public officer or employee who, without legal
the cargo of said vessel, its equipment, or personal belongings of its complement or grounds, detains a person, shall suffer;
passengers.
1. The penalty of arresto mayor in its maximum period to prision correccional in its
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine minimum period, if the detention has not exceeded three days;
waters.
2. The penalty of prision correccional in its medium and maximum periods, if the
Article 123. Qualified piracy. - The penalty of reclusion temporal to death shall be imposed detention has continued more than three but not more than fifteen days;
upon those who commit any of the crimes referred to in the preceding article, under any
of the following circumstances: 3. The penalty of prision mayor, if the detention has continued for more than
fifteen days but not more than six months; and
1. Whenever they have seized a vessel by boarding or firing upon the same;
4. That of reclusion temporal, if the detention shall have exceeded six months.
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal grounds for
3. Whenever the crime is accompanied by murder, homicide, physical injuries or the detention of any person.
rape.
Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties
provided in the next preceding article shall be imposed upon the public officer or employee
who shall detain any person for some legal ground and shall fail to deliver such person to
the proper judicial authorities within the period of; twelve (12) hours, for crimes or
offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes
or offenses punishable by correctional penalties, or their equivalent and thirty-six (36)
hours, for crimes, or offenses punishable by afflictive or capital penalties, or their
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equivalent. In every case, the person detained shall be informed of the cause of his Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in its medium
detention and shall be allowed upon his request, to communicate and confer at any time and maximum periods shall be imposed upon a public officer or employee who, in cases
with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and where a search is proper, shall search the domicile, papers or other belongings of any
July 25, 1987, respectively). person, in the absence of the latter, any member of his family, or in their default, without
the presence of two witnesses residing in the same locality.
Article 126. Delaying release. - The penalties provided for in Article 124 shall be imposed
upon any public officer or employee who delays for the period of time specified therein Section Three. - Prohibition, interruption and dissolution of peaceful meetings
the performance of any judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order to said prisoner or the Article 131. Prohibition, interruption and dissolution of peaceful meetings. - The penalty of prision
proceedings upon any petition for the liberation of such person. correccional in its minimum period shall be imposed upon any public officer or employee
who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting,
Article 127. Expulsion. - The penalty of prision correccional shall be imposed upon any or shall dissolve the same.
public officer or employee who, not being thereunto authorized by law, shall expel any
person from the Philippine Islands or shall compel such person to change his residence. The same penalty shall be imposed upon a public officer or employee who shall hinder
any person from joining any lawful association or from attending any of its meetings.
Section Two. - Violation of domicile
The same penalty shall be imposed upon any public officer or employee who shall prohibit
Article 128. Violation of domicile. - The penalty of prision correccional in its minimum or hinder any person from addressing, either alone or together with others, any petition to
period shall be imposed upon any public officer or employee who, not being authorized the authorities for the correction of abuses or redress of grievances.
by judicial order, shall enter any dwelling against the will of the owner thereof, search
papers or other effects found therein without the previous consent of such owner, or Section Four. - Crimes against religious worship
having surreptitiously entered said dwelling, and being required to leave the premises, shall
refuse to do so. Article 132. Interruption of religious worship. - The penalty of prision correccional in its
minimum period shall be imposed upon any public officer or employee who shall prevent
If the offense be committed in the night-time, or if any papers or effects not constituting or disturb the ceremonies or manifestations of any religion.
evidence of a crime be not returned immediately after the search made by the offender,
the penalty shall be prision correccional in its medium and maximum periods. If the crime shall have been committed with violence or threats, the penalty shall be prision
correccional in its medium and maximum periods.
Article 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. - In
addition to the liability attaching to the offender for the commission of any other offense, Article 133. Offending the religious feelings. - The penalty of arresto mayor in its maximum period
the penalty of arresto mayor in its maximum period to prision correccional in its minimum to prision correccional in its minimum period shall be imposed upon anyone who, in a
period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or place devoted to religious worship or during the celebration of any religious ceremony
employee who shall procure a search warrant without just cause, or, having legally shall perform acts notoriously offensive to the feelings of the faithful.
procured the same, shall exceed his authority or use unnecessary severity in executing the
same.

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

Chapter One When the rebellion, insurrection, or coup d'etat shall be under the command of unknown
REBELLION, SEDITION AND DISLOYALTY leaders, any person who in fact directed the others, spoke for them, signed receipts and
other documents issued in their name, as performed similar acts, on behalf or the rebels
Article 134. Rebellion or insurrection; How committed. - The crime of rebellion or insurrection shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by
is committed by rising publicly and taking arms against the Government for the purpose R.A. 6968, approved on October 24, 1990).
of removing from the allegiance to said Government or its laws, the territory of the
Philippine Islands or any part thereof, of any body of land, naval or other armed forces, Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. - The
depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in
or prerogatives. (As amended by R.A. 6968). minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).

Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift attack The conspiracy and proposal to commit rebellion or insurrection shall be punished
accompanied by violence, intimidation, threat, strategy or stealth, directed against duly respectively, by prision correccional in its maximum period and a fine which shall not
constituted authorities of the Republic of the Philippines, or any military camp or exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period
installation, communications network, public utilities or other facilities needed for the and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968,
exercise and continued possession of power, singly or simultaneously carried out anywhere approved October 24, 1990).
in the Philippines by any person or persons, belonging to the military or police or holding
any public office of employment with or without civilian support or participation for the Article 137. Disloyalty of public officers or employees. - The penalty of prision correccional in its
purpose of seizing or diminishing state power. (As amended by R.A. 6968). minimum period shall be imposed upon public officers or employees who have failed to
resist a rebellion by all the means in their power, or shall continue to discharge the duties
Article 135. Penalty for rebellion, insurrection or coup d'etat. - Any person who promotes, of their offices under the control of the rebels or shall accept appointment to office under
maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. them. (Reinstated by E.O. No. 187).

Any person merely participating or executing the commands of others in a rebellion shall Article 138. Inciting a rebellion or insurrection. - The penalty of prision mayor in its minimum
suffer the penalty of reclusion temporal. period shall be imposed upon any person who, without taking arms or being in open
hostility against the Government, shall incite others to the execution of any of the acts
Any person who leads or in any manner directs or commands others to undertake a coup specified in article 134 of this Code, by means of speeches, proclamations, writings,
d'etat shall suffer the penalty of reclusion perpetua. emblems, banners or other representations tending to the same end. (Reinstated by E.O.
No. 187).
Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor Article 139. Sedition; How committed. - The crime of sedition is committed by persons who
in its maximum period. rise publicly and tumultuously in order to attain by force, intimidation, or by other means
outside of legal methods, any of the following objects:

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 1. To prevent the promulgation or execution of any law or the holding of any purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend
popular election; to stir up the people against the lawful authorities or to disturb the peace of the
community, the safety and order of the Government, or who shall knowingly conceal such
2. To prevent the National Government, or any provincial or municipal evil practices. (Reinstated by E.O. No. 187).
government or any public officer thereof from freely exercising its or his functions,
or prevent the execution of any administrative order; Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
3. To inflict any act of hate or revenge upon the person or property of any public
officer or employee; Section One. - Crimes against legislative bodies and similar bodies

4. To commit, for any political or social end, any act of hate or revenge against Article 143. Act tending to prevent the meeting of the Assembly and similar bodies. - The penalty of
private persons or any social class; and prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed
upon any person who, by force or fraud, prevents the meeting of the National Assembly
5. To despoil, for any political or social end, any person, municipality or province, (Congress of the Philippines) or of any of its committees or subcommittees, constitutional
or the National Government (or the Government of the United States), of all its commissions or committees or divisions thereof, or of any provincial board or city or
property or any part thereof. municipal council or board. (Reinstated by E.O. No. 187).

Article 140. Penalty for sedition. - The leader of a sedition shall suffer the penalty of prision Article 144. Disturbance of proceedings. - The penalty of arresto mayor or a fine from 200 to
mayor in its minimum period and a fine not exceeding 10,000 pesos. 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National
Assembly (Congress of the Philippines) or of any of its committees or subcommittees,
Other persons participating therein shall suffer the penalty of prision correccional in its constitutional commissions or committees or divisions thereof, or of any provincial board
maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187). or city or municipal council or board, or in the presence of any such bodies should behave
in such manner as to interrupt its proceedings or to impair the respect due it. (Reinstated
Article 141. Conspiracy to commit sedition. - Persons conspiring to commit the crime of by E.O. No. 187).
sedition shall be punished by prision correccional in its medium period and a fine not
exceeding 2,000 pesos. (Reinstated by E.O. No. 187). Section Two. - Violation of parliamentary immunity

Article 142. Inciting to sedition. - The penalty of prision correccional in its maximum period Article 145. Violation of parliamentary immunity. - The penalty of prision mayor shall be
and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without imposed upon any person who shall use force, intimidation, threats, or fraud to prevent
taking any direct part in the crime of sedition, should incite others to the accomplishment any member of the National Assembly (Congress of the Philippines) from attending the
of any of the acts which constitute sedition, by means of speeches, proclamations, writings, meetings of the Assembly (Congress) or of any of its committees or subcommittees,
emblems, cartoons, banners, or other representations tending to the same end, or upon constitutional commissions or committees or divisions thereof, from expressing his
any person or persons who shall utter seditious words or speeches, write, publish, or opinions or casting his vote; and the penalty of prision correccional shall be imposed upon
circulate scurrilous libels against the (Government of the United States or the Government any public officer or employee who shall, while the Assembly (Congress) is in regular or
of the Commonwealth of the Philippines) or any of the duly constituted authorities special session, arrest or search any member thereof, except in case such member has
thereof, or which tend to disturb or obstruct any lawful officer in executing the functions committed a crime punishable under this Code by a penalty higher than prision mayor.
of his office, or which tend to instigate others to cabal and meet together for unlawful
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 Chapter Three P1,000 pesos, when the assault is committed with a weapon or when the offender is a
ILLEGAL ASSEMBLIES AND ASSOCIATIONS public officer or employee, or when the offender lays hands upon a person in authority. If
none of these circumstances be present, the penalty of prision correccional in its minimum
Article 146. Illegal assemblies. - The penalty of prision correccional in its maximum period period and a fine not exceeding P500 pesos shall be imposed.
to prision mayor in its medium period shall be imposed upon the organizers or leaders of
any meeting attended by armed persons for the purpose of committing any of the crimes Article 149. Indirect assaults. - The penalty of prision correccional in its minimum and
punishable under this Code, or of any meeting in which the audience is incited to the medium periods and a fine not exceeding P500 pesos shall be imposed upon any person
commission of the crime of treason, rebellion or insurrection, sedition or assault upon a who shall make use of force or intimidation upon any person coming to the aid of the
person in authority or his agents. Persons merely present at such meeting shall suffer the authorities or their agents on occasion of the commission of any of the crimes defined in
penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision the next preceding article.
correccional.
Article 150. Disobedience to summons issued by the National Assembly, its committees or
If any person present at the meeting carries an unlicensed firearm, it shall be presumed subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. - The
that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both
under this Code, and he shall be considered a leader or organizer of the meeting within such fine and imprisonment shall be imposed upon any person who, having been duly
the purview of the preceding paragraph. summoned to attend as a witness before the National Assembly, (Congress), its special or
standing committees and subcommittees, the Constitutional Commissions and its
As used in this article, the word "meeting" shall be understood to include a gathering or committees, subcommittees, or divisions, or before any commission or committee
group, whether in a fixed place or moving. (Reinstated by E.O. No. 187). chairman or member authorized to summon witnesses, refuses, without legal excuse, to
obey such summons, or being present before any such legislative or constitutional body
Article 147. Illegal associations. - The penalty of prision correccional in its minimum and or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry
medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, or to produce any books, papers, documents, or records in his possession, when required
directors, and presidents of associations totally or partially organized for the purpose of by them to do so in the exercise of their functions. The same penalty shall be imposed
committing any of the crimes punishable under this Code or for some purpose contrary upon any person who shall restrain another from attending as a witness, or who shall
to public morals. Mere members of said associations shall suffer the penalty of arresto mayor. induce disobedience to a summon or refusal to be sworn by any such body or official.
(Reinstated by E.O. No. 187).
Article 151. Resistance and disobedience to a person in authority or the agents of such person. - The
Chapter Four penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, person who not being included in the provisions of the preceding articles shall resist or
PERSONS IN AUTHORITY AND THEIR AGENTS seriously disobey any person in authority, or the agents of such person, while engaged in
the performance of official duties.
Article 148. Direct assaults. - Any person or persons who, without a public uprising, shall
employ force or intimidation for the attainment of any of the purpose enumerated in When the disobedience to an agent of a person in authority is not of a serious nature, the
defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the
intimidate or resist any person in authority or any of his agents, while engaged in the offender.
performance of official duties, or on occasion of such performance, shall suffer the penalty
of prision correccional in its medium and maximum periods and a fine not exceeding

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Article 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. - In in such place shall display placards or emblems which provoke a disturbance of the public
applying the provisions of the preceding and other articles of this Code, any person directly order.
vested with jurisdiction, whether as an individual or as a member of some court or
governmental corporation, board, or commission, shall be deemed a person in authority. The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon
A barrio captain and a barangay chairman shall also be deemed a person in authority. these persons who in violation of the provisions contained in the last clause of Article 85,
shall bury with pomp the body of a person who has been legally executed.
A person who, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security Article 154. Unlawful use of means of publication and unlawful utterances. - The penalty of arresto
of life and property, such as a barrio councilman, barrio policeman and barangay leader mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:
and any person who comes to the aid of persons in authority, shall be deemed an agent of
a person in authority. 1. Any person who by means of printing, lithography, or any other means of
publication shall publish or cause to be published as news any false news which
In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and may endanger the public order, or cause damage to the interest or credit of the
persons charged with the supervision of public or duly recognized private schools, colleges State;
and universities, and lawyers in the actual performance of their professional duties or on
the occasion of such performance, shall be deemed persons in authority. (As amended by 2. Any person who by the same means, or by words, utterances or speeches shall
PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985). encourage disobedience to the law or to the constituted authorities or praise,
justify, or extol any act punished by law;
Chapter Five
PUBLIC DISORDERS 3. Any person who shall maliciously publish or cause to be published any official
resolution or document without proper authority, or before they have been
Article 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption published officially; or
liable to cause disturbance. - The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed 4. Any person who shall print, publish, or distribute or cause to be printed,
upon any person who shall cause any serious disturbance in a public place, office, or published, or distributed books, pamphlets, periodicals, or leaflets which do not
establishment, or shall interrupt or disturb public performances, functions or gatherings, bear the real printer's name, or which are classified as anonymous.
or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132.
Article 155. Alarms and scandals. - The penalty of arresto menor or a fine not exceeding P200
The penalty next higher in degree shall be imposed upon persons causing any disturbance pesos shall be imposed upon:
or interruption of a tumultuous character.
1. Any person who within any town or public place, shall discharge any firearm,
The disturbance or interruption shall be deemed to be tumultuous if caused by more than rocket, firecracker, or other explosives calculated to cause alarm or danger;
three persons who are armed or provided with means of violence.
2. Any person who shall instigate or take an active part in any charivari or other
The penalty of arresto mayor shall be imposed upon any person who in any meeting, disorderly meeting offensive to another or prejudicial to public tranquility;
association, or public place, shall make any outcry tending to incite rebellion or sedition or

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 3. Any person who, while wandering about at night or while engaged in any other Convicts who, under the circumstances mentioned in the preceding paragraph, shall give
nocturnal amusements, shall disturb the public peace; or themselves up to the authorities within the above mentioned period of 48 hours, shall be
entitled to the deduction provided in Article 98.
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or
scandal in public places, provided that the circumstances of the case shall not make Article 159. Other cases of evasion of service of sentence. - The penalty of prision correccional in
the provisions of Article 153 applicable. its minimum period shall be imposed upon the convict who, having been granted
conditional pardon by the Chief Executive, shall violate any of the conditions of such
Article 156. Delivery of prisoners from jails. - The penalty of arresto mayor in its maximum pardon. However, if the penalty remitted by the granting of such pardon be higher than
period of prision correccional in its minimum period shall be imposed upon any person six years, the convict shall then suffer the unexpired portion of his original sentence.
who shall remove from any jail or penal establishment any person confined therein or shall
help the escape of such person, by means of violence, intimidation, or bribery. If other Chapter Seven
means are used, the penalty of arresto mayor shall be imposed. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE
If the escape of the prisoner shall take place outside of said establishments by taking the
guards by surprise, the same penalties shall be imposed in their minimum period. Article 160. Commission of another crime during service of penalty imposed for another offense; Penalty. -
Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after
Chapter Six having been convicted by final judgment, before beginning to serve such sentence, or while
EVASION OF SERVICE OF SENTENCE serving the same, shall be punished by the maximum period of the penalty prescribed by
law for the new felony.
Article 157. Evasion of service of sentence. - The penalty of prision correccional in its medium
and maximum periods shall be imposed upon any convict who shall evade service of his Any convict of the class referred to in this article, who is not a habitual criminal, shall be
sentence by escaping during the term of his imprisonment by reason of final judgment. pardoned at the age of seventy years if he shall have already served out his original
sentence, or when he shall complete it after reaching the said age, unless by reason of his
However, if such evasion or escape shall have taken place by means of unlawful entry, by conduct or other circumstances he shall not be worthy of such clemency.
breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys,
deceit, violence or intimidation, or through connivance with other convicts or employees
of the penal institution, the penalty shall be prision correccional in its maximum period.

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

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 Title Four 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
CRIMES AGAINST PUBLIC INTEREST 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
Chapter One connivance with mutilators or importers.
FORGERIES
Article 165. Selling of false or mutilated coin, without connivance. - The person who knowingly,
Section One. - Forging the seal of the Government of the Philippine Islands, the signature or stamp of although without the connivance mentioned in the preceding articles, shall possess false
the Chief Executive. 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.
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 Section Three. - Forging treasury or bank notes, obligations and securities; importing and uttering
upon any person who shall forge the Great Seal of the Government of the Philippine false or forged notes, obligations and securities.
Islands or the signature or stamp of the Chief Executive.
Article 166. Forging treasury or bank notes on other documents payable to bearer; importing, and
Article 162. Using forged signature or counterfeit seal or stamp. - The penalty of prision mayor uttering such false or forged notes and documents. - The forging or falsification of treasury or bank
shall be imposed upon any person who shall knowingly make use of the counterfeit seal notes or certificates or other obligations and securities payable to bearer and the
or forged signature or stamp mentioned in the preceding article. importation and uttering in connivance with forgers or importers of such false or forged
obligations or notes, shall be punished as follows:
Section Two. - Counterfeiting Coins
1. By reclusion temporal in its minimum period and a fine not to exceed P10,000
Article 163. Making and importing and uttering false coins. - Any person who makes, imports, pesos, if the document which has been falsified, counterfeited, or altered, is an
or utters, false coins, in connivance with counterfeiters, or importers, shall suffer: obligations or security of the United States or of the Philippines Islands.

1. Prision mayor in its minimum and medium periods and a fine not to The word "obligation or security of the United States or of the Philippine Islands"
exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or shall be held to mean all bonds, certificates of indebtedness, national bank notes,
coin of the Central Bank of the Philippines of ten centavo denomination or above. 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,
2. Prision correccional in its minimum and medium periods and a fine of not to and other representatives of value, of whatever denomination, which have been or
exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the may be issued under any act of the Congress of the United States or of the
Philippines or of the Central Bank of the Philippines below ten-centavo Philippine Legislature.
denomination.
2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos,
3. Prision correccional in its minimum period and a fine not to exceed P1,000 if the falsified or altered document is a circulating note issued by any banking
pesos, if the counterfeited coin be currency of a foreign country. (As amended by association duly authorized by law to issue the same.
R.A. No. 4202, approved June 19, 1965).

9|Page
 3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if Article 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The penalty of
the falsified or counterfeited document was issued by a foreign government. 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
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, document by committing any of the following acts:
when the forged or altered document is a circulating note or bill issued by a foreign
bank duly authorized therefor. 1. Counterfeiting or imitating any handwriting, signature or rubric;

Article 167. Counterfeiting, importing and uttering instruments not payable to bearer. - Any person 2. Causing it to appear that persons have participated in any act or proceeding
who shall forge, import or utter, in connivance with the forgers or importers, any when they did not in fact so participate;
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 3. Attributing to persons who have participated in an act or proceeding statements
exceeding P6,000 pesos. other than those in fact made by them;

Article 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. - 4. Making untruthful statements in a narration of facts;
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 5. Altering true dates;
the false or falsified instruments referred to in this section, shall suffer the penalty next
lower in degree than that prescribed in said articles. 6. Making any alteration or intercalation in a genuine document which changes its
meaning;
Article 169. How forgery is committed. - The forgery referred to in this section may be
committed by any of the following means: 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
1. By giving to a treasury or bank note or any instrument, payable to bearer or statement contrary to, or different from, that of the genuine original; or
order mentioned therein, the appearance of a true genuine document.
8. Intercalating any instrument or note relative to the issuance thereof in a
2. By erasing, substituting, counterfeiting or altering by any means the figures, protocol, registry, or official book.
letters, words or signs contained therein.
The same penalty shall be imposed upon any ecclesiastical minister who shall commit any
Section Four. - Falsification of legislative, public, commercial, and privatedocuments, and wireless, of the offenses enumerated in the preceding paragraphs of this article, with respect to any
telegraph, and telephone message. record or document of such character that its falsification may affect the civil status of
persons.
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 Article 172. Falsification by private individual and use of falsified documents. - The penalty of
who, without proper authority therefor alters any bill, resolution, or ordinance enacted or prision correccional in its medium and maximum periods and a fine of not more
approved or pending approval by either House of the Legislature or any provincial board than P5,000 pesos shall be imposed upon:
or municipal council.

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 1. Any private individual who shall commit any of the falsifications enumerated in Article 175. Using false certificates. - The penalty of arresto menor shall be imposed upon any
the next preceding article in any public or official document or letter of exchange one who shall knowingly use any of the false certificates mentioned in the next preceding
or any other kind of commercial document; and article.

2. Any person who, to the damage of a third party, or with the intent to cause such Section Six. - Manufacturing, importing and possession of instruments or implements
damage, shall in any private document commit any of the acts of falsification intended for the commission of falsification.
enumerated in the next preceding article.
Article 176. Manufacturing and possession of instruments or implements for falsification. - The
Any person who shall knowingly introduce in evidence in any judicial proceeding or to the penalty of prison correctional in its medium and maximum periods and a fine not to
damage of another or who, with the intent to cause such damage, shall use any of the false exceed P10,000 pesos shall be imposed upon any person who shall make or introduce into
documents embraced in the next preceding article, or in any of the foregoing subdivisions the Philippine Islands any stamps, dies, marks, or other instruments or implements
of this article, shall be punished by the penalty next lower in degree. 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
Article 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified of using them, shall have in his possession any of the instruments or implements
messages. - The penalty of prision correccional in its medium and maximum periods shall mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than
be imposed upon officer or employee of the Government or of any private corporation that provided therein.
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 Chapter Two
falsifies the same. OTHER FALSITIES

Any person who shall use such falsified dispatch to the prejudice of a third party or with Section One. - Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.
the intent of cause such prejudice, shall suffer the penalty next lower in degree.
Article 177. Usurpation of authority or official functions. - Any person who shall knowingly and
Section Five. - Falsification of medical certificates, certificates of merit or services and the like. 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
Article 174. False medical certificates, false certificates of merits or service, etc. - The penalties pretense of official position, shall perform any act pertaining to any person in authority or
of arresto mayor in its maximum period to prision correccional in its minimum period and public officer of the Philippine Government or any foreign government, or any agency
a fine not to exceed P1,000 pesos shall be imposed upon: thereof, without being lawfully entitled to do so, shall suffer the penalty of prision
correccional in its minimum and medium periods.
1. Any physician or surgeon who, in connection, with the practice of his
profession, shall issue a false certificate; and 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
2. Any public officer who shall issue a false certificate of merit of service, good fictitious name for the purpose of concealing a crime, evading the execution of a judgment
conduct or similar circumstances. or causing damage.

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a Any person who conceals his true name and other personal circumstances shall be
certificate falling within the classes mentioned in the two preceding subdivisions. punished by arresto menor or a fine not to exceed 200 pesos.

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Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor shall be imposed Article 183. False testimony in other cases and perjury in solemn affirmation. - The penalty of arresto
upon any person who shall publicly and improperly make use of insignia, uniforms or dress mayor in its maximum period to prision correccional in its minimum period shall be
pertaining to an office not held by such person or to a class of persons of which he is not imposed upon any person, who knowingly makes untruthful statements and not being
a member. 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
Section Two. - False testimony an oath in cases in which the law so requires.

Article 180. False testimony against a defendant. - Any person who shall give false testimony Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any
against the defendant in any criminal case shall suffer: of the falsehoods mentioned in this and the three preceding articles of this section, shall
suffer the respective penalties provided therein.
1. The penalty of reclusion temporal, if the defendant in said case shall have been
sentenced to death; 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
2. The penalty of prision mayor, if the defendant shall have been sentenced to punished as guilty of false testimony and shall suffer the respective penalties provided in
reclusion temporal or reclusion perpetua; this section.

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

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a Section One. - Machinations, monopolies and combinations
correctional penalty or a fine, or shall have been acquitted.
Article 185. Machinations in public auctions. - Any person who shall solicit any gift or promise
In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a as a consideration for refraining from taking part in any public auction, and any person
fine not to exceed 1,000 pesos. 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,
Article 181. False testimony favorable to the defendants. - Any person who shall give false shall suffer the penalty of prision correccional in its minimum period and a fine ranging
testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto from 10 to 50 per centum of the value of the thing auctioned.
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, Article 186. Monopolies and combinations in restraint of trade. - The penalty of prision
and the penalty of arresto mayor in any other case. correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both,
shall be imposed upon:
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 1. Any person who shall enter into any contract or agreement or shall take part in
not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the any conspiracy or combination in the form of a trust or otherwise, in restraint of
penalty of arresto mayor in its maximum period to prision correccional in its minimum trade or commerce or to prevent by artificial means free competition in the market;
period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed
said amount or cannot be estimated.
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 2. Any person who shall monopolize any merchandise or object of trade or import or sell or dispose of any article or merchandise made of gold, silver, or other
commerce, or shall combine with any other person or persons to monopolize and precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the
merchandise or object in order to alter the price thereof by spreading false rumors actual fineness or quality of said metals or alloys.
or making use of any other article to restrain free competition in the market;
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of
3. Any person who, being a manufacturer, producer, or processor of any the article on which it is engraved, printed, stamped, labeled or attached, when the rest of
merchandise or object of commerce or an importer of any merchandise or object the article shows that the quality or fineness thereof is less by more than one-half karat, if
of commerce from any foreign country, either as principal or agent, wholesaler or made of gold, and less by more than four one-thousandth, if made of silver, than what is
retailer, shall combine, conspire or agree in any manner with any person likewise shown by said stamp, brand, label or mark. But in case of watch cases and flatware made
engaged in the manufacture, production, processing, assembling or importation of of gold, the actual fineness of such gold shall not be less by more than three one-
such merchandise or object of commerce or with any other persons not so thousandth than the fineness indicated by said stamp, brand, label, or mark.
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 Article 188. Subsisting and altering trade-mark, trade-names, or service marks. - The penalty of
such merchandise or object of commerce manufactured, produced, processed, prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or
assembled in or imported into the Philippines, or of any article in the manufacture both, shall be imposed upon:
of which such manufactured, produced, or imported merchandise or object of
commerce is used. 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
If the offense mentioned in this article affects any food substance, motor fuel or lubricants, real manufacturer or dealer upon any article of commerce and shall sell the same;
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 2. Any person who shall sell such articles of commerce or offer the same for sale,
steps have been taken toward carrying out the purposes of the combination. knowing that the trade-name or trade- mark has been fraudulently used in such
goods as described in the preceding subdivision;
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 3. Any person who, in the sale or advertising of his services, shall use or substitute
of the Philippines. the service mark of some other person, or a colorable imitation of such mark; or

Whenever any of the offenses described above is committed by a corporation or 4. Any person who, knowing the purpose for which the trade-name, trade-mark,
association, the president and each one of its agents or representatives in the Philippines or service mark of a person is to be used, prints, lithographs, or in any way
in case of a foreign corporation or association, who shall have knowingly permitted or reproduces such trade-name, trade-mark, or service mark, or a colorable imitation
failed to prevent the commission of such offense, shall be held liable as principals thereof. 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
Section Two. - Frauds in commerce and industry the sale or advertising of his services.

Article 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, A trade-name or trade-mark as herein used is a word or words, name, title, symbol,
or other precious metals or their alloys. - The penalty of prision correccional or a fine ranging emblem, sign or device, or any combination thereof used as an advertisement, sign, label,
from 200 to 1,000 pesos, or both, shall be imposed on any person who shall knowingly

13 | P a g e
poster, or otherwise, for the purpose of enabling the public to distinguish the business of Title Five
the person who owns and uses said trade-name or trade-mark.
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
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 Article 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. - The
without limitation the marks, names, symbols, titles, designations, slogans, character penalty of arresto mayor in its medium period to prision correccional in its minimum period
names, and distinctive features of radio or other advertising. and a fine ranging from 300 to 1,000 pesos shall be imposed upon:

Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, 1. Anyone who unless lawfully authorized shall possess, prepare, administer, or
fraudulent designation of origin, and false description. - The penalty provided in the next otherwise use any prohibited drug.
proceeding article shall be imposed upon:
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine,
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 Indian hemp, their derivatives, and all preparations made from them or any of
goods giving them the general appearance of goods of another manufacturer or them, and such other drugs, whether natural or synthetic, having physiological
dealer, either as to the goods themselves, or in the wrapping of the packages in action as a narcotic drug.
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 "Opium" embraces every kind, class, and character of opium, whether crude or
goods offered are those of a manufacturer or dealer other than the actual prepared; the ashes on refuse of the same; narcotic preparations thereof or
manufacturer or dealer or shall give other persons a chance or opportunity to do therefrom; morphine or any alkaloid of opium, preparation in which opium,
the same with a like purpose. 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.
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 "Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish,
or any false description or representation and shall sell such goods or services. 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
3. Any person who by means of false or fraudulent representation or declarations plant cannabis satival, from which the resin has not been extracted, including all
orally or in writing or by other fraudulent means shall procure from the patent other geographic varieties whether used as reefers, resin, extract, tincture or in any
office or from any other office which may hereafter be established by law for the other form whatsoever.
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 By narcotic drug is meant a drug that produces a condition of insensibility and
a trade-name, trade-mark or service mark. 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.

14 | P a g e
Article 191. Keeper, watchman and visitor of opium den. - The penalty of arresto mayor and a fine Title Six
ranging from 100 to 300 pesos shall be imposed upon:
CRIMES AGAINST PUBLIC MORALS
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 Chapter One
GAMBLING AND BETTING
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 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
Article 192. Importation and sale of prohibited drugs. - The penalty of prision correccional in its a fine ranging from two hundred or six thousand pesos, shall be imposed upon:
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 1. Any person other than those referred to in subsections (b) and (c) who, in any
prohibited drug. 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
The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to game of scheme the result of which depends wholly or chiefly upon chance or
another prohibited drug. 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
Article 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. - or contrivance to determine by chance the loser or winner of money or any object
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any or representative of value.
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. 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
The illegal possession of an opium pipe or other paraphernalia for using any other any building, vessel or other means of transportation owned or controlled by him.
prohibited drug shall be prima facie evidence that its possessor has used said drug. 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
Article 194. Prescribing opium unnecessary for a patient. - The penalty of prision correccional or punished by the penalty provided for in this article in its maximum period.
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 (b) The penalty of prision correccional in its maximum degree shall be imposed upon the
require the use of the same. 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.

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Article 196. Importation, sale and possession of lottery tickets or advertisements. - The penalty 1. Any person who directly or indirectly participates in cockfights, by betting
of arresto mayor in its maximum period to prision correccional in its minimum period or a money or other valuable things, or who organizes cockfights at which bets are
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be made, on a day other than those permitted by law.
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 2. Any person who directly or indirectly participates in cockfights, at a place other
sell or distribute the same. than a licensed cockpit.

Any person who shall knowingly and with intent to use them, have in his possession lottery Chapter Two
tickets or advertisements, or shall sell or distribute the same without connivance with the OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
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. 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
The possession of any lottery ticket or advertisement shall be prima facie evidence of an scandalous conduct not expressly falling within any other article of this Code.
intent to sell, distribute or use the same in the Philippine Islands.
Article 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. - The
Article 197. Betting in sports contests. - The penalty of arresto menor or a fine not exceeding 200 penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or
pesos, or both, shall be imposed upon any person who shall bet money or any object or both such imprisonment and fine, shall be imposed upon:
article of value or representative of value upon the result of any boxing or other sports
contests. (1) Those who shall publicly expound or proclaim doctrines openly contrary to
public morals;
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 (2) (a) the authors of obscene literature, published with their knowledge in any
allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from form; the editors publishing such literature; and the owners/operators of the
200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same establishment selling the same;
circumstances, shall maintain or employ a totalizer or other device or scheme for betting
on horse races or realizing any profit therefrom. (b) Those who, in theaters, fairs, cinematographs or any other place,
exhibit, indecent or immoral plays, scenes, acts or shows, whether live or
For the purposes of this article, any race held in the same day at the same place shall be in film, which are prescribed by virtue hereof, shall include those which (1)
held punishable as a separate offense, and if the same be committed by any partnership, glorify criminals or condone crimes; (2) serve no other purpose but to
corporation or association, the president and the directors or managers thereof shall be satisfy the market for violence, lust or pornography; (3) offend any race or
deemed to be principals in the offense if they have consented to or knowingly tolerated its religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are
commission. contrary to law, public order, morals, and good customs, established
policies, lawful orders, decrees and edicts;
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: (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).

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

1. Any person having no apparent means of subsistence, who has the physical CRIMES COMMITTED BY PUBLIC OFFICERS
ability to work and who neglects to apply himself or herself to some lawful calling;
Chapter One
2. Any person found loitering about public or semi-public buildings or places or PRELIMINARY PROVISIONS
trampling or wandering about the country or the streets without visible means of
support; 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
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps election or appointment by competent authority, shall take part in the performance of
and those who habitually associate with prostitutes; 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
4. Any person who, not being included in the provisions of other articles of this official, of any rank or class, shall be deemed to be a public officer.
Code, shall be found loitering in any inhabited or uninhabited place belonging to
another without any lawful or justifiable purpose; Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
5. Prostitutes.
Section One. - Dereliction of duty
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. 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
Any person found guilty of any of the offenses covered by this articles shall be punished mayor and perpetual absolute disqualification.
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 Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable
from 200 to 2,000 pesos, or both, in the discretion of the court. 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.

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Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional penalties of prision correccional in its maximum period and a fine of not less than the
in its minimum period and suspension shall be imposed upon any public officer, or officer value of the gift and not less than three times the value of such gift.
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 In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer
commission of offenses. the penalty of special temporary disqualification.

Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to The provisions contained in the preceding paragraphs shall be made applicable to
the proper administrative action, the penalty of prision correccional in its minimum period, assessors, arbitrators, appraisal and claim commissioners, experts or any other persons
or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney- performing public duties. (As amended by Batas Pambansa Blg. 871, approved May 29,
at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty 1985).
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. 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
The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg.
judicial) who, having undertaken the defense of a client or having received confidential 871, approved May 29, 1985).
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. 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
Section Two. - Bribery 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.
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 If it is the public officer who asks or demands such gift or present, he shall suffer the
consideration of any offer, promise, gift or present received by such officer, personally or penalty of death. (As added by Sec. 4, RA No. 7659).
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 Article 212. Corruption of public officials. - The same penalties imposed upon the officer
three times the value of the gift in addition to the penalty corresponding to the crime corrupted, except those of disqualification and suspension, shall be imposed upon any
agreed upon, if the same shall have been committed. person who shall have made the offers or promises or given the gifts or presents as
described in the preceding articles.
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 Chapter Three
penalty provided in the preceding paragraph; and if said act shall not have been FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
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. 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
If the object for which the gift was received or promised was to make the public officer from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who:
refrain from doing something which it was his official duty to do, he shall suffer the

18 | P a g e
 1. In his official capacity, in dealing with any person with regard to furnishing shall become interested in any contract or business in which it is his official duty to
supplies, the making of contracts, or the adjustment or settlement of accounts intervene.
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 This provisions is applicable to experts, arbitrators and private accountants who, in like
Government; 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
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, guardians and executors with respect to the property belonging to their wards or estate.
shall be guilty or any of the following acts or omissions:
Chapter Four
(a) Demanding, directly, or indirectly, the payment of sums different from MALVERSATION OF PUBLIC FUNDS OR PROPERTY
or larger than those authorized by law.
Article 217. Malversation of public funds or property; Presumption of malversation. - Any public
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of officer who, by reason of the duties of his office, is accountable for public funds or
money collected by him officially. 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
(c) Collecting or receiving, directly or indirectly, by way of payment or funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation
otherwise things or objects of a nature different from that provided by law. or malversation of such funds or property, shall suffer:

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau 1. The penalty of prision correccional in its medium and maximum periods, if the
of Customs, the provisions of the Administrative Code shall be applied. amount involved in the misappropriation or malversation does not exceed two
hundred pesos.
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 2. The penalty of prision mayor in its minimum and medium periods, if the amount
disqualification in its maximum period to perpetual special disqualification shall be involved is more than two hundred pesos but does not exceed six thousand pesos.
imposed upon any public officer who, taking advantage of his official position, shall
commit any of the frauds or deceits enumerated in said provisions. 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
Article 215. Prohibited transactions. - The penalty of prision correccional in its maximum less than twelve thousand pesos.
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 4. The penalty of reclusion temporal, in its medium and maximum periods, if the
interested in any transaction of exchange or speculation within the territory subject to his amount involved is more than twelve thousand pesos but is less than twenty-two
jurisdiction. thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion
temporal in its maximum period to reclusion perpetua.
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 In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special
to 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, disqualification and a fine equal to the amount of the funds malversed or equal to the total
value of the property embezzled.
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The failure of a public officer to have duly forthcoming any public funds or property with The fine shall be graduated in such case by the value of the thing, provided that it shall not
which he is chargeable, upon demand by any duly authorized officer, shall be prima facie less than 50 pesos.
evidence that he has put such missing funds or property to personal use. (As amended by
RA 1060). 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,
Article 218. Failure of accountable officer to render accounts. - Any public officer, whether in the provincial or municipal funds, revenues, or property and to any administrator or
service or separated therefrom by resignation or any other cause, who is required by law depository of funds or property attached, seized or deposited by public authority, even if
or regulation to render account to the Insular Auditor, or to a provincial auditor and who such property belongs to a private individual.
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 Chapter Five
6,000 pesos, or both. INFIDELITY OF PUBLIC OFFICERS

Article 219. Failure of a responsible public officer to render accounts before leaving the country. - Any Section One. - Infidelity in the custody of prisoners
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 Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to
settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or the escape of a prisoner in his custody or charge, shall be punished:
both.
1. By prision correccional in its medium and maximum periods and temporary
Article 220. Illegal use of public funds or property. - Any public officer who shall apply any special disqualification in its maximum period to perpetual special disqualification,
public fund or property under his administration to any public use other than for which if the fugitive shall have been sentenced by final judgment to any penalty.
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 2. By prision correccional in its minimum period and temporary special
the sum misapplied, if by reason of such misapplication, any damages or embarrassment disqualification, in case the fugitive shall not have been finally convicted but only
shall have resulted to the public service. In either case, the offender shall also suffer the held as a detention prisoner for any crime or violation of law or municipal
penalty of temporary special disqualification. ordinance.

If no damage or embarrassment to the public service has resulted, the penalty shall be a Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken place
fine from 5 to 50 per cent of the sum misapplied. 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
Article 221. Failure to make delivery of public funds or property. - Any public officer under period to prision correccional in its minimum period and temporary special
obligation to make payment from Government funds in his possession, who shall fail to disqualification.
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. 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
This provision shall apply to any public officer who, being ordered by competent authority confided, who shall commit any of the offenses mentioned in the two preceding articles,
to deliver any property in his custody or under his administration, shall refuse to make shall suffer the penalty next lower in degree than that prescribed for the public officer.
such delivery.

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Section Two. - Infidelity in the custody of document 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
Article 226. Removal, concealment or destruction of documents. - Any public officer who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000
remove, destroy or conceal documents or papers officially entrusted to him, shall suffer: pesos.

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever Chapter Six
serious damage shall have been caused thereby to a third party or to the public OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
interest.
Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to
2. The penalty of prision correccional in its minimum and medium period and a execute the judgment, decision or order of any superior authority made within the scope
fine not exceeding 1,000 pesos, whenever the damage to a third party or to the of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the
public interest shall not have been serious. 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
In either case, the additional penalty of temporary special disqualification in its maximum 1,000 pesos.
period to perpetual disqualification shall be imposed.
Article 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. -
Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or Any public officer who, having for any reason suspended the execution of the orders of
property sealed by proper authority, who shall break the seals or permit them to be broken, 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, shall suffer the penalties of prision correccional in its minimum and medium periods and
temporary special disqualification and a fine not exceeding 2,000 pesos. perpetual special disqualification.

Article 228. Opening of closed documents. - Any public officer not included in the provisions Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to
of the next preceding article who, without proper authority, shall open or shall permit to prision correccional in its minimum period, perpetual special disqualification and a fine
be opened any closed papers, documents or objects entrusted to his custody, shall suffer not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand
the penalties or arresto mayor, temporary special disqualification and a fine of not exceeding from competent authority, shall fail to lend his cooperation towards the administration of
2,000 pesos. 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
Section Three. - Revelation of secrets and a fine not exceeding 500 pesos shall be imposed.

Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not
known to him by reason of his official capacity, or shall wrongfully deliver papers or copies exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been
of papers of which he may have charge and which should not be published, shall suffer elected by popular election to a public office, shall refuse without legal motive to be sworn
the penalties of prision correccional in its medium and maximum periods, perpetual special in or to discharge the duties of said office.
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; Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to
otherwise, the penalties of prision correccional in its minimum period, temporary special prision correccional in its minimum period, in addition to his liability for the physical
disqualification and a fine not exceeding 50 pesos shall be imposed. injuries or damage caused, shall be imposed upon any public officer or employee who shall

21 | P a g e
overdo himself in the correction or handling of a prisoner or detention prisoner under his Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its
charge, by the imposition of punishment not authorized by the regulations, or by inflicting minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos,
such punishment in a cruel and humiliating manner. 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
If the purpose of the maltreatment is to extort a confession, or to obtain some information the scope of his authority, or by attempting to repeal a law or suspending the execution
from the prisoner, the offender shall be punished by prision correccional in its minimum thereof.
period, temporary special disqualification and a fine not exceeding 500 pesos, in addition
to his liability for the physical injuries or damage caused. 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
Section Two. - Anticipation, prolongation and abandonment of the duties and powers of their powers, shall suffer the penalty of arresto mayor in its medium period to prision
public office. correccional in its minimum period.

Article 236. Anticipation of duties of a public office. - Any person who shall assume the Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period
performance of the duties and powers of any public officer or employment without first to prision correccional in its minimum period and shall be imposed upon any officer of
being sworn in or having given the bond required by law, shall be suspended from such the executive branch of the Government who shall assume judicial powers or shall
office or employment until he shall have complied with the respective formalities and shall obstruct the execution of any order or decision rendered by any judge within its
be fined from 200 to 500 pesos. jurisdiction.

Article 237. Prolonging performance of duties and powers. - Any public officer shall continue to Article 242. Disobeying request for disqualification. - Any public officer who, before the
exercise the duties and powers of his office, employment or commission, beyond the question of jurisdiction is decided, shall continue any proceeding after having been lawfully
period provided by law, regulation or special provisions applicable to the case, shall suffer required to refrain from so doing, shall be punished by arresto mayor and a fine not
the penalties of prision correccional in its minimum period, special temporary exceeding 500 pesos.
disqualification in its minimum period and a fine not exceeding 500 pesos.
Article 243. Orders or requests by executive officers to any judicial authority. - Any executive officer
Article 238. Abandonment of office or position. - Any public officer who, before the acceptance who shall address any order or suggestion to any judicial authority with respect to any case
of his resignation, shall abandon his office to the detriment of the public service shall or business coming within the exclusive jurisdiction of the courts of justice shall suffer the
suffer the penalty of arresto mayor. penalty of arresto mayor and a fine not exceeding 500 pesos.

If such office shall have been abandoned in order to evade the discharge of the duties of Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or
preventing, prosecuting or punishing any of the crime falling within Title One, and appoint to any public office any person lacking the legal qualifications therefor, shall suffer
Chapter One of Title Three of Book Two of this Code, the offender shall be punished by the penalty of arresto mayor and a fine not exceeding 1,000 pesos.
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 Section Four. - Abuses against chastity
any other crime.
Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in its
Section Three. - Usurpation of powers and unlawful appointments medium and maximum periods and temporary special disqualification shall be imposed:

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 1. Upon any public officer who shall solicit or make immoral or indecent advances Title Eight
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 CRIMES AGAINST PERSONS
officer;
Chapter One
2. Any warden or other public officer directly charged with the care and custody DESTRUCTION OF LIFE
of prisoners or persons under arrest who shall solicit or make immoral or indecent
advances to a woman under his custody. Section One. - Parricide, murder, homicide

If the person solicited be the wife, daughter, sister of relative within the same degree by Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether
affinity of any person in the custody of such warden or officer, the penalties shall be prision legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be
correccional in its minimum and medium periods and temporary special disqualification. 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:

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 1. With treachery, taking advantage of superior strength, with the aid of armed killed the deceased, but the person or persons who inflicted serious physical injuries can
men, or employing means to weaken the defense or of means or persons to insure be identified, such person or persons shall be punished by prision mayor.
or afford impunity.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the
2. In consideration of a price, reward, or promise. 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.
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 Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as
of motor vehicles, or with the use of any other means involving great waste and referred to in the preceding article, only serious physical injuries are inflicted upon the
ruin. 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
4. On occasion of any of the calamities enumerated in the preceding paragraph, or next lower in degree than that provided for the physical injuries so inflicted.
of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other
public calamity. 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
5. With evident premeditation. person of the offended party shall be punished by arresto mayor from five to fifteen days.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the Article 253. Giving assistance to suicide. - Any person who shall assist another to commit
victim, or outraging or scoffing at his person or corpse. 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
Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, temporal.
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 However, if the suicide is not consummated, the penalty of arresto mayor in its medium and
temporal. maximum periods, shall be imposed.

Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm
of the case, may impose upon the person guilty of the frustrated crime of parricide, murder shall suffer the penalty of prision correccional in its minimum and medium periods, unless
or homicide, defined and penalized in the preceding articles, a penalty lower by one degree the facts of the case are such that the act can be held to constitute frustrated or attempted
than that which should be imposed under the provision of Article 50. parricide, murder, homicide or any other crime for which a higher penalty is prescribed by
any of the articles of this Code.
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. Section Two. - Infanticide and abortion.

Article 251. Death caused in a tumultuous affray. - When, while several persons, not Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder
composing groups organized for the common purpose of assaulting and attacking each in Article 248 shall be imposed upon any person who shall kill any child less than three
other reciprocally, quarrel and assault each other in a confused and tumultuous manner, days of age.
and in the course of the affray someone is killed, and it cannot be ascertained who actually
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If the crime penalized in this article be committed by the mother of the child for the Any pharmacist who, without the proper prescription from a physician, shall dispense any
purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.
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. Section Three. - Duel

Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall
suffer: be imposed upon any person who shall kill his adversary in a duel.

1. The penalty of reclusion temporal, if he shall use any violence upon the person If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided
of the pregnant woman. therefor, according to their nature.

2. The penalty of prision mayor if, without using violence, he shall act without the In any other case, the combatants shall suffer the penalty of arresto mayor, although no
consent of the woman. physical injuries have been inflicted.

3. The penalty of prision correccional in its medium and maximum periods, if the The seconds shall in all events be punished as accomplices.
woman shall have consented.
Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum
Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and period shall be imposed upon any person who shall challenge another, or incite another to
medium period shall be imposed upon any person who shall cause an abortion by violence, give or accept a challenge to a duel, or shall scoff at or decry another publicly for having
but unintentionally. refused to accept a challenge to fight a duel.

Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision Chapter Two
correccional in its medium and maximum periods shall be imposed upon a woman who PHYSICAL INJURIES
shall practice abortion upon herself or shall consent that any other person should do so.
Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty imposed upon any person who shall intentionally mutilate another by depriving him, either
of prision correccional in its minimum and medium periods. totally or partially, or some essential organ of reproduction.

If this crime be committed by the parents of the pregnant woman or either of them, and Any other intentional mutilation shall be punished by prision mayor in its medium and
they act with the consent of said woman for the purpose of concealing her dishonor, the maximum periods.
offenders shall suffer the penalty of prision correccional 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:
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 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted,
physician or midwife who, taking advantage of their scientific knowledge or skill, shall the injured person shall become insane, imbecile, impotent, or blind;
cause an abortion or assist in causing the same.
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 2. The penalty of prision correccional in its medium and maximum periods, if in party for labor for ten days or more, or shall require medical assistance for the same period,
consequence of the physical injuries inflicted, the person injured shall have lost the shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
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 Whenever less serious physical injuries shall have been inflicted with the manifest intent
become incapacitated for the work in which he was therefor habitually engaged; 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.
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 Any less serious physical injuries inflicted upon the offender's parents, ascendants,
deformed, or shall have lost any other part of his body, or shall have lost the use guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished
thereof, or shall have been ill or incapacitated for the performance of the work in by prision correccional in its minimum and medium periods, provided that, in the case of
which he as habitually engaged for a period of more than ninety days; persons in authority, the deed does not constitute the crime of assault upon such person.

4. The penalty of arresto mayor in its maximum period to prision correccional in its Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall
minimum period, if the physical injuries inflicted shall have caused the illness or be punished:
incapacity for labor of the injured person for more than thirty days.
1. By arresto menor when the offender has inflicted physical injuries which shall
If the offense shall have been committed against any of the persons enumerated in Article incapacitate the offended party for labor from one to nine days, or shall require
246, or with attendance of any of the circumstances mentioned in Article 248, the case medical attendance during the same period.
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 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender
correccional in its maximum period to prision mayor in its minimum period; the case has caused physical injuries which do not prevent the offended party from
covered by subdivision number 3 by prision correccional in its medium and maximum engaging in his habitual work nor require medical assistance.
periods; and the case covered by subdivision number 4 by prision correccional in its
minimum and medium periods. 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.
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

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 Title Nine be prision mayor in its minimum and medium periods and a fine not exceeding seven
hundred pesos.
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Article 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding 500
Chapter One pesos shall be imposed upon any person who, in any case other than those authorized by
CRIMES AGAINST LIBERTY law, or without reasonable ground therefor, shall arrest or detain another for the purpose
of delivering him to the proper authorities.
Section One. - Illegal Detention
Section Two. - Kidnapping of minors
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 Article 270. Kidnapping and failure to return a minor. - The penalty of reclusion perpetua shall
of reclusion perpetua to death: 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.
1. If the kidnapping or detention shall have lasted more than five days.
Article 271. Inducing a minor to abandon his home. - The penalty of prision correccional and a
2. If it shall have been committed simulating public authority. 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
3. If any serious physical injuries shall have been inflicted upon the person custody.
kidnapped or detained; or if threats to kill him shall have been made.
If the person committing any of the crimes covered by the two preceding articles shall be
4. If the person kidnapped or detained shall be a minor, female or a public officer. the father or the mother of the minor, the penalty shall be arresto mayor or a fine not
exceeding three hundred pesos, or both.
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 Section Three. - Slavery and Servitude
circumstances above-mentioned were present in the commission of the offense.
Article 272. Slavery. - The penalty of prision mayor and a fine of not exceeding 10,000
Article 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human
upon any private individual who shall commit the crimes described in the next preceding being for the purpose of enslaving him.
article without the attendance of any of circumstances enumerated therein.
If the crime be committed for the purpose of assigning the offended party to some
The same penalty shall be incurred by anyone who shall furnish the place for the immoral traffic, the penalty shall be imposed in its maximum period.
perpetration of the crime.
Article 273. Exploitation of child labor. - The penalty of prision correccional in its minimum
If the offender shall voluntarily release the person so kidnapped or detained within three and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone
days from the commencement of the detention, without having attained the purpose who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian
intended, and before the institution of criminal proceedings against him, the penalty shall or person entrusted with the custody of a minor, shall, against the latter's will, retain him
in his service.
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Article 274. Services rendered under compulsion in payment of debt. - The penalty of arresto mayor in Article 277. Abandonment of minor by person entrusted with his custody; indifference of parents. - The
its maximum period to prision correccional in its minimum period shall be imposed upon penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone
any person who, in order to require or enforce the payment of a debt, shall compel the who, having charge of the rearing or education of a minor, shall deliver said minor to a
debtor to work for him, against his will, as household servant or farm laborer. public institution or other persons, without the consent of the one who entrusted such
child to his care or in the absence of the latter, without the consent of the proper
Chapter Two authorities.
CRIMES AGAINST SECURITY
The same penalty shall be imposed upon the parents who shall neglect their children by
Section One. - Abandonment of helpless persons and exploitation of minors. not giving them the education which their station in life require and financial conditions
permit.
Article 275. Abandonment of person in danger and abandonment of one's own victim. - The penalty
of arresto mayor shall be imposed upon: Article 278. Exploitation of minors. - The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos shall be imposed upon:
1. Any one who shall fail to render assistance to any person whom he shall find in
an uninhabited place wounded or in danger of dying, when he can render such 1. Any person who shall cause any boy or girl under sixteen years of age to perform
assistance without detriment to himself, unless such omission shall constitute a any dangerous feat of balancing, physical strength, or contortion.
more serious offense.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal
2. Anyone who shall fail to help or render assistance to another whom he has tamer or circus manager or engaged in a similar calling, shall employ in exhibitions
accidentally wounded or injured. of these kinds children under sixteen years of age who are not his children or
descendants.
3. Anyone who, having found an abandoned child under seven years of age, shall
fail to deliver said child to the authorities or to his family, or shall fail to take him 3. Any person engaged in any of the callings enumerated in the next paragraph
to a safe place. preceding who shall employ any descendant of his under twelve years of age in
such dangerous exhibitions.
Article 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any one who shall abandon a child under seven years of age, 4. Any ascendant, guardian, teacher or person entrusted in any capacity with the
the custody of which is incumbent upon him. care of a child under sixteen years of age, who shall deliver such child gratuitously
to any person following any of the callings enumerated in paragraph 2 hereof, or
When the death of the minor shall result from such abandonment, the culprit shall be to any habitual vagrant or beggar.
punished by prision correccional in its medium and maximum periods; but if the life of
the minor shall have been in danger only, the penalty shall be prision correccional in its If the delivery shall have been made in consideration of any price, compensation,
minimum and medium periods. or promise, the penalty shall in every case be imposed in its maximum period.

The provisions contained in the two preceding paragraphs shall not prevent the imposition In either case, the guardian or curator convicted shall also be removed from office
of the penalty provided for the act committed, when the same shall constitute a more as guardian or curator; and in the case of the parents of the child, they may be
serious offense.
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 deprived, temporarily or perpetually, in the discretion of the court, of their parental Article 282. Grave threats. - Any person who shall threaten another with the infliction upon
authority. the person, honor or property of the latter or of his family of any wrong amounting to a
crime, shall suffer:
5. Any person who shall induce any child under sixteen years of age to abandon
the home of its ascendants, guardians, curators, or teachers to follow any person 1. The penalty next lower in degree than that prescribed by law for the crime be
engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany threatened to commit, if the offender shall have made the threat demanding money
any habitual vagrant or beggar. or imposing any other condition, even though not unlawful, and said offender shall
have attained his purpose. If the offender shall not have attained his purpose, the
Article 279. Additional penalties for other offenses. - The imposition of the penalties prescribed penalty lower by two degrees shall be imposed.
in the preceding articles, shall not prevent the imposition upon the same person of the
penalty provided for any other felonies defined and punished by this Code. If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
Section Two. - Trespass to dwelling
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall
Article 280. Qualified trespass to dwelling. - Any private person who shall enter the dwelling not have been made subject to a condition.
of another against the latter's will shall be punished by arresto mayor and a fine not exceeding
1,000 pesos. Article 283. Light threats. - Any threat to commit a wrong not constituting a crime, made
in the manner expressed in subdivision 1 of the next preceding article, shall be punished
If the offense be committed by means of violence or intimidation, the penalty shall be by arresto mayor.
prision correccional in its medium and maximum periods and a fine not exceeding 1,000
pesos. Article 284. Bond for good behavior. - In all cases falling within the two next preceding articles,
the person making the threats may also be required to give bail not to molest the person
The provisions of this article shall not be applicable to any person who shall enter another's threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.
dwelling for the purpose of preventing some serious harm to himself, the occupants of
the dwelling or a third person, nor shall it be applicable to any person who shall enter a Article 285. Other light threats. - The penalty of arresto menor in its minimum period or a fine
dwelling for the purpose of rendering some service to humanity or justice, nor to anyone not exceeding 200 pesos shall be imposed upon:
who shall enter cafes, taverns, inn and other public houses, while the same are open.
1. Any person who, without being included in the provisions of the next preceding
Article 281. Other forms of trespass. - The penalty of arresto menor or a fine not exceeding 200 article, shall threaten another with a weapon or draw such weapon in a quarrel,
pesos, or both, shall be imposed upon any person who shall enter the closed premises or unless it be in lawful self-defense.
the fenced estate of another, while either or them are uninhabited, if the prohibition to
enter be manifest and the trespasser has not secured the permission of the owner or the 2. Any person who, in the heat of anger, shall orally threaten another with some
caretaker thereof. harm not constituting a crime, and who by subsequent acts show that he did not
persist in the idea involved in his threat, provided that the circumstances of the
Section Three. - Threats and Coercion offense shall not bring it within the provisions of Article 282 of this Code.

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 3. Any person who shall orally threaten to do another any harm not constituting a legal exercise of their industry or work, if the act shall not constitute a more serious offense
felony. in accordance with the provisions of this Code.

Article 286. Grave coercions. - The penalty of arresto mayor and a fine not exceeding 500 pesos Chapter Three
shall be imposed upon any person who, without authority of law, shall, by means of DISCOVERY AND REVELATION OF SECRETS
violence, prevent another from doing something not prohibited by law, or compel him to
do something against his will, whether it be right or wrong. Article 290. Discovering secrets through seizure of correspondence. - The penalty of prision
correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall
If the coercion be committed for the purpose of compelling another to perform any be imposed upon any private individual who in order to discover the secrets of another,
religious act or to prevent him from so doing, the penalty next higher in degree shall be shall seize his papers or letters and reveal the contents thereof.
imposed.
If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not
Article 287. Light coercions. - Any person who, by means of violence, shall seize anything exceeding 500 pesos.
belonging to his debtor for the purpose of applying the same to the payment of the debt,
shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the The provision shall not be applicable to parents, guardians, or persons entrusted with the
value of the thing, but in no case less than 75 pesos. custody of minors with respect to the papers or letters of the children or minors placed
under their care or study, nor to spouses with respect to the papers or letters of either of
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging them.
from 5 pesos to 200 pesos, or both.
Article 291. Revealing secrets with abuse of office. - The penalty of arresto mayor and a fine not
Article 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in
means of tokens.) - The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.
both, shall be imposed upon any person, agent or officer, of any association or corporation
who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or Article 292. Revelation of industrial secrets. - The penalty of prision correccional in its
employee employed by him or by such firm or corporation to be forced or compelled, to minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon
purchase merchandise or commodities of any kind. the person in charge, employee or workman of any manufacturing or industrial
establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the
The same penalties shall be imposed upon any person who shall pay the wages due a industry of the latter.
laborer or employee employed by him, by means of tokens or objects other than the legal
tender currency of the laborer or employee.

Article 289. Formation, maintenance and prohibition of combination of capital or labor through violence
or threats. - The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed
upon any person who, for the purpose of organizing, maintaining or preventing coalitions
or capital or labor, strike of laborers or lock-out of employees, shall employ violence or
threats in such a degree as to compel or force the laborers or employers in the free and

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 Title Ten 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).
CRIMES AGAINST PROPERTY
Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with
Chapter One the use of firearm on a street, road or alley. - If the offenses mentioned in subdivisions three,
ROBBERY IN GENERAL 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
Article 293. Who are guilty of robbery. - Any person who, with intent to gain, shall take any by entering the passenger's compartments in a train or, in any manner, taking the
personal property belonging to another, by means of violence or intimidation of any passengers thereof by surprise in the respective conveyances, or on a street, road, highway,
person, or using force upon anything shall be guilty of robbery. 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.
Section One. - Robbery with violence or intimidation of persons.
In the same cases, the penalty next higher in degree shall be imposed upon the leader of
Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person guilty the band.
of robbery with the use of violence against or intimidation of any person shall suffer:
Article 296. Definition of a band and penalty incurred by the members thereof. - When more than
1. The penalty of reclusion perpetua to death, when by reason or on occasion of three armed malefactors take part in the commission of a robbery, it shall be deemed to
the robbery, the crime of homicide shall have been committed. 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
2. The penalty of reclusion temporal in its medium period to reclusion perpetua be the maximum of the corresponding penalty provided by law, without prejudice of the
when the robbery shall have been accompanied by rape or intentional mutilation, criminal liability for illegal possession of such unlicensed firearms.
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, Any member of a band who is present at the commission of a robbery by the band, shall
however, that when the robbery accompanied with rape is committed with a use be punished as principal of any of the assaults committed by the band, unless it be shown
of a deadly weapon or by two or more persons, the penalty shall be reclusion that he attempted to prevent the same.
perpetua to death (As amended by PD No. 767).
Article 297. Attempted and frustrated robbery committed under certain circumstances. - When by
3. The penalty of reclusion temporal, when by reason or on occasion of the reason or on occasion of an attempted or frustrated robbery a homicide is committed, the
robbery, any of the physical injuries penalized in subdivision 2 of the article person guilty of such offenses shall be punished by reclusion temporal in its maximum
mentioned in the next preceding paragraph, shall have been inflicted. period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty
under the provisions of this Code.
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 Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent
robbery shall have been carried to a degree clearly unnecessary for the commission to defraud another, by means of violence or intimidation, shall compel him to sign, execute
of the crime, or when the course of its execution, the offender shall have inflicted or deliver any public instrument or documents, shall be held guilty of robbery and
upon any person not responsible for its commission any of the physical injuries punished by the penalties respectively prescribed in this Chapter.
covered by sub-divisions 3 and 4 of said Article 23.
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Section Two. - Robbery by the use of force upon things 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,
Article 299. Robbery in an inhabited house or public building or edifice devoted to worship. - Any in its minimum period.
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 If the robbery be committed in one of the dependencies of an inhabited house, public
property taken shall exceed 250 pesos, and if: building, or building dedicated to religious worship, the penalties next lower in degree than
those prescribed in this article shall be imposed.
(a) The malefactors shall enter the house or building in which the robbery was
Article 300. Robbery in an uninhabited place and by a band. - The robbery mentioned in the
committed, by any of the following means: 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.
1. Through a opening not intended for entrance or egress.
Article 301. What is an inhabited house, public building or building dedicated to religious worship and
2. By breaking any wall, roof, or floor or breaking any door or window. 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
3. By using false keys, picklocks or similar tools. absent therefrom when the robbery is committed.

4. By using any fictitious name or pretending the exercise of public All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other
authority. 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
Or if - dependencies of an inhabited house, public building or building dedicated to religious
worship.
(b) The robbery be committed under any of the following circumstances:
Orchards and other lands used for cultivation or production are not included in the terms
1. By the breaking of doors, wardrobes, chests, or any other kind of locked of the next preceding paragraph, even if closed, contiguous to the building and having
or sealed furniture or receptacle; direct connection therewith.

2. By taking such furniture or objects to be broken or forced open outside The term "public building" includes every building owned by the Government or
the place of the robbery. belonging to a private person not included used or rented by the Government, although
temporarily unoccupied by the same.
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. 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
The same rule shall be applied when the offenders are armed, but the value of the property Article 299, if the value of the property taken exceeds 250 pesos, shall be punished by
taken does not exceed 250 pesos. prision correccional if any of the following circumstances is present:

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 1. If the entrance has been effected through any opening not intended for entrance 1. The tools mentioned in the next preceding articles.
or egress.
2. Genuine keys stolen from the owner.
2. If any wall, roof, flour or outside door or window has been broken.
3. Any keys other than those intended by the owner for use in the lock forcibly
3. If the entrance has been effected through the use of false keys, picklocks or opened by the offender.
other similar tools.
Chapter Two
4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has BRIGANDAGE
been broken.
Article 306. Who are brigands; Penalty. - When more than three armed persons form a band
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has of robbers for the purpose of committing robbery in the highway, or kidnapping persons
been removed even if the same to broken open elsewhere. 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.
When the value of the property takes does not exceed 250 pesos, the penalty next lower
in degree shall be imposed. 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
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the are not punishable by higher penalties, in which case, they shall suffer such high penalties.
property taken is mail matter or large cattle, the offender shall suffer the penalties next
higher in degree than those provided in said articles. 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
Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In the the penalty shall be imposed in the maximum period.
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 Article 307. Aiding and abetting a band of brigands. - Any person knowingly and in any manner
that prescribed in said articles. 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
Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause Government (or of the forces of the United States Army), when the latter are acting in aid
have in his possession picklocks or similar tools especially adopted to the commission of of the Government, or acquiring or receiving the property taken by such brigands shall be
the crime of robbery, shall be punished by arresto mayor in its maximum period to prision punished by prision correccional in its medium period to prision mayor in its minimum
correccional in its minimum period. period.

The same penalty shall be imposed upon any person who shall make such tools. If the It shall be presumed that the person performing any of the acts provided in this article has
offender be a locksmith, he shall suffer the penalty of prision correccional in its medium performed them knowingly, unless the contrary is proven.
and maximum periods.

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

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 Chapter Three 3. The penalty of prision correccional in its minimum and medium periods, if the
THEFT value of the property stolen is more than 200 pesos but does not exceed 6,000
pesos.
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 4. Arresto mayor in its medium period to prision correccional in its minimum
take personal property of another without the latter's consent. period, if the value of the property stolen is over 50 pesos but does not exceed 200
pesos.
Theft is likewise committed by:
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed
1. Any person who, having found lost property, shall fail to deliver the same to the 50 pesos.
local authorities or to its owner;
6. Arresto mayor in its minimum and medium periods, if such value does not
2. Any person who, after having maliciously damaged the property of another, exceed 5 pesos.
shall remove or make use of the fruits or object of the damage caused by him; and
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under
3. Any person who shall enter an inclosed estate or a field where trespass is the circumstances enumerated in paragraph 3 of the next preceding article and the
forbidden or which belongs to another and without the consent of its owner, shall value of the thing stolen does not exceed 5 pesos. If such value exceeds said
hunt or fish upon the same or shall gather cereals, or other forest or farm products. amount, the provision of any of the five preceding subdivisions shall be made
applicable.
Article 309. Penalties. - Any person guilty of theft shall be punished by:
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when
1. The penalty of prision mayor in its minimum and medium periods, if the value the value of the thing stolen is not over 5 pesos, and the offender shall have acted
of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, under the impulse of hunger, poverty, or the difficulty of earning a livelihood for
but if the value of the thing stolen exceeds the latter amount the penalty shall be the support of himself or his family.
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 Article 310. Qualified theft. - The crime of theft shall be punished by the penalties next
shall not exceed twenty years. In such cases, and in connection with the accessory higher by two degrees than those respectively specified in the next preceding article, if
penalties which may be imposed and for the purpose of the other provisions of committed by a domestic servant, or with grave abuse of confidence, or if the property
this Code, the penalty shall be termed prision mayor or reclusion temporal, as the stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the
case may be. 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,
2. The penalty of prision correccional in its medium and maximum periods, if the vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1,
value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 1980).
pesos.
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

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should be provided under other provisions of this Code, in which case, the offender shall paragraph shall be imposed in its maximum period, adding one year for each additional
be punished by such higher penalty. 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
Chapter Four the provisions of this Code, the penalty shall be termed prision mayor or reclusion
USURPATION temporal, as the case may be.

Article 312. Occupation of real property or usurpation of real rights in property. - Any person who, 2nd. The penalty of prision correccional in its minimum and medium periods, if the
by means of violence against or intimidation of persons, shall take possession of any real amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
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 3rd. The penalty of arresto mayor in its maximum period to prision correccional in its
50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos. minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be 4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos,
imposed. provided that in the four cases mentioned, the fraud be committed by any of the following
means:
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 1. With unfaithfulness or abuse of confidence, namely:
designate the boundaries of the same, shall be punished by arresto menor or a fine not
exceeding 100 pesos, or both. (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
Chapter Five such obligation be based on an immoral or illegal consideration.
CULPABLE INSOLVENCY
(b) By misappropriating or converting, to the prejudice of another, money,
Article 314. Fraudulent insolvency. - Any person who shall abscond with his property to the goods, or any other personal property received by the offender in trust or
prejudice of his creditors, shall suffer the penalty of prision mayor, if he be a merchant on commission, or for administration, or under any other obligation
and the penalty of prision correccional in its maximum period to prision mayor in its involving the duty to make delivery of or to return the same, even though
medium period, if he be not a merchant. such obligation be totally or partially guaranteed by a bond; or by denying
having received such money, goods, or other property.
Chapter Six
SWINDLING AND OTHER DECEITS (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
Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means prejudice of the offended party or of any third person.
mentioned hereinbelow shall be punished by:
2. By means of any of the following false pretenses or fraudulent acts executed
1st. The penalty of prision correccional in its maximum period to prision mayor in its prior to or simultaneously with the commission of the fraud:
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
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 (a) By using fictitious name, or falsely pretending to possess power, (c) By removing, concealing or destroying, in whole or in part, any court
influence, qualifications, property, credit, agency, business or imaginary record, office files, document or any other papers.
transactions, or by means of other similar deceits.
Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and
(b) By altering the quality, fineness or weight of anything pertaining to his medium period and a fine of not less than the value of the damage caused and not more
art or business. than three times such value, shall be imposed upon:

(c) By pretending to have bribed any Government employee, without 1. Any person who, pretending to be owner of any real property, shall convey, sell,
prejudice to the action for calumny which the offended party may deem encumber or mortgage the same.
proper to bring against the offender. In this case, the offender shall be
punished by the maximum period of the penalty. 2. Any person, who, knowing that real property is encumbered, shall dispose of
the same, although such encumbrance be not recorded.
(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 3. The owner of any personal property who shall wrongfully take it from its lawful
check. The failure of the drawer of the check to deposit the amount possessor, to the prejudice of the latter or any third person.
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 4. Any person who, to the prejudice of another, shall execute any fictitious
dishonored for lack of insufficiency of funds shall be prima facie evidence contract.
of deceit constituting false pretense or fraudulent act. (As amended by R.A.
4885, approved June 17, 1967.) 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
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, did not actually perform such services or labor.
restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager 6. Any person who, while being a surety in a bond given in a criminal or civil action,
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, without express authority from the court or before the cancellation of his bond or
lodging house, or apartment house by the use of any false pretense, or by before being relieved from the obligation contracted by him, shall sell, mortgage,
abandoning or surreptitiously removing any part of his baggage from a or, in any other manner, encumber the real property or properties with which he
hotel, inn, restaurant, boarding house, lodging house or apartment house guaranteed the fulfillment of such obligation.
after obtaining credit, food, refreshment or accommodation therein
without paying for his food, refreshment or accommodation. 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
3. Through any of the following fraudulent means: 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
(a) By inducing another, by means of deceit, to sign any document. 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
(b) By resorting to some fraudulent practice to insure success in a gambling the minor.
game.

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Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the 3. In an inhabited place, any storehouse or factory of inflammable or explosive
amount of the damage caused and not more than twice such amount shall be imposed materials.
upon any person who shall defraud or damage another by any other deceit not mentioned
in the preceding articles of this chapter. 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:
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 1. By reclusion temporal or reclusion perpetua:
the penalty of arresto mayor or a fine not exceeding 200 pesos.
(a) if the offender shall set fire to any building, farmhouse, warehouse, hut,
Chapter Seven shelter, or vessel in port, knowing it to be occupied at the time by one or
CHATTEL MORTGAGE more persons;

Article 319. Removal, sale or pledge of mortgaged property. - The penalty or arresto mayor or a fine (b) If the building burned is a public building and value of the damage
amounting to twice the value of the property shall be imposed upon: caused exceeds 6,000 pesos;

1. Any person who shall knowingly remove any personal property mortgaged (c) If the building burned is a public building and the purpose is to destroy
under the Chattel Mortgage Law to any province or city other than the one in evidence kept therein to be used in instituting prosecution for the
which it was located at the time of the execution of the mortgage, without the punishment of violators of the law, irrespective of the amount of the
written consent of the mortgagee, or his executors, administrators or assigns. damage;

2. Any mortgagor who shall sell or pledge personal property already pledged, or (d) If the building burned is a public building and the purpose is to destroy
any part thereof, under the terms of the Chattel Mortgage Law, without the evidence kept therein to be used in legislative, judicial or administrative
consent of the mortgagee written on the back of the mortgage and noted on the proceedings, irrespective of the amount of the damage; Provided, however,
record hereof in the office of the Register of Deeds of the province where such That if the evidence destroyed is to be used against the defendant for the
property is located. prosecution of any crime punishable under existing laws, the penalty shall
be reclusion perpetua;
Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS (e) If the arson shall have been committed with the intention of collecting
under an insurance policy against loss or damage by fire.
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: 2. By reclusion temporal:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, (a) If an inhabited house or any other building in which people are
ordinance, storehouse, archives or general museum of the Government. 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
2. Any passenger train or motor vehicle in motion or vessel out of port. moving freight train or motor vehicle, and the value of the damage caused
exceeds 6,000 pesos;
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 (b) If the value of the damage caused in paragraph (b) of the preceding 6. The penalty of prision correccional in its medium and maximum periods, if the
subdivision does not exceed 6,000 pesos; 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.
(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; 7. The penalty of prision correccional in its minimum and medium periods, if the
and damage caused in the case mentioned paragraph (b) subdivision 3 of this article
does not exceed 200 pesos.
(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and
the damage caused exceeds 6,000 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
3. By prision mayor: 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
(a) If the value of the damage caused in the case mentioned in paragraphs 12, 1969).
(a),
Article 322. Cases of arson not included in the preceding articles. - Cases of arson not included in
(c), and (d) in the next preceding subdivision does not exceed 6,000 pesos; the next preceding articles shall be punished:

(b) If a building not used as a dwelling or place of assembly, located in a 1. By arresto mayor in its medium and maximum periods, when the damage caused
populated place, is set on fire, and the damage caused exceeds 6,000 pesos; does not exceed 50 pesos;

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

(a) If a building used as dwelling located in an uninhabited place is set on 3. By prision correccional in its minimum and medium periods, if the damage
fire and the damage caused exceeds 1,000 pesos; caused is over 200 pesos but does not exceed 1,000 pesos; and

(b) If the value or the damage caused in the case mentioned in paragraphs 4. By prision correccional in its medium and maximum periods, if it is over 1,000
(c) and (d) of subdivision 2 of this article does not exceed 200 pesos. pesos.

5. By prision correccional in its medium period to prision mayor in its minimum Article 323. Arson of property of small value. - The arson of any uninhabited hut, storehouse,
period, when the damage caused is over 200 pesos but does not exceed 1,000 barn, shed, or any other property the value of which does not exceed 25 pesos, committed
pesos, and the property referred to in paragraph (a) of the preceding subdivision at a time or under circumstances which clearly exclude all danger of the fire spreading,
is set on fire; but when the value of such property does not exceed 200 pesos, the shall not be punished by the penalties respectively prescribed in this chapter, but in
penalty next lower in degree than that prescribed in this subdivision shall be accordance with the damage caused and under the provisions of the following chapter.
imposed.
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,
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intentional damaging of the engine of said vessel, taking up the rails from a railway track, unintentional causes: Provided, however, That at least one of the following is
maliciously changing railway signals for the safety of moving trains, destroying telegraph present in any of the three above-mentioned circumstances:
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 (a) That the total insurance carried on the building and/or goods is more
by reclusion temporal if the commission has endangered the safety of any person, than 80 per cent of the value of such building and/or goods at the time of
otherwise, the penalty of prision mayor shall be imposed. the fire;

Article 325. Burning one's own property as means to commit arson. - Any person guilty of arson (b) That the defendant after the fire has presented a fraudulent claim for
or causing great destruction of the property belonging to another shall suffer the penalties loss.
prescribed in this chapter, even though he shall have set fire to or destroyed his own
property for the purposes of committing the crime. 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
Article 326. Setting fire to property exclusively owned by the offender. - If the property burned shall amended by R.A. 5467, approved May 12, 1969).
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 Chapter Nine
been committed for the purpose of defrauding or causing damage to another, or prejudice MALICIOUS MISCHIEF
shall actually have been caused, or if the thing burned shall have been a building in an
inhabited place. 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
Article 326-A. In cases where death resulted as a consequence of arson. - If death resulted as a chapter shall be guilty of malicious mischief.
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 Article 328. Special cases of malicious mischief. - Any person who shall cause damage to
penalty. 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
Article 326-B. Prima facie evidence of arson. - Any of the following circumstances shall the property of the National Museum or National Library, or to any archive or registry,
constitute prima facie evidence of arson: waterworks, road, promenade, or any other thing used in common by the public, shall be
punished:
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 1. By prision correccional in its minimum and medium periods, if the value of the
or any of the foregoing. damage caused exceeds 1,000 pesos;

2. That substantial amount of inflammable substance or materials were stored 2. By arresto mayor, if such value does not exceed the abovementioned amount but
within the building not necessary in the course of the defendant's business; and it is over 200 pesos; and

3. That the fire started simultaneously in more than one part of the building or 3. By arresto menor, in such value does not exceed 200 pesos.
locale under circumstances that cannot normally be due to accidental or

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Article 329. Other mischiefs. - The mischiefs not included in the next preceding article shall Chapter Ten
be punished: EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY
1. By arresto mayor in its medium and maximum periods, if the value of the damage
caused exceeds 1,000 pesos; 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
2. By arresto mayor in its minimum and medium periods, if such value is over 200 committed or caused mutually by the following persons:
pesos but does not exceed 1,000 pesos; and
1. Spouses, ascendants and descendants, or relatives by affinity in the same line.
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 2. The widowed spouse with respect to the property which belonged to the
be estimated. deceased spouse before the same shall have passed into the possession of another;
and
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 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
shall damage any railway, telegraph or telephone lines.
The exemption established by this article shall not be applicable to strangers participating
If the damage shall result in any derailment of cars, collision or other accident, the penalty in the commission of the crime.
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.

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 Title Eleven The crime of rape shall be punished by reclusion perpetua.

CRIMES AGAINST CHASTITY Whenever the crime of rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.
Chapter One
ADULTERY AND CONCUBINAGE When by reason or on the occasion of the rape, the victim has become insane, the penalty
shall be death.
Article 333. Who are guilty of adultery. - Adultery is committed by any married woman who
shall have sexual intercourse with a man not her husband and by the man who has carnal When rape is attempted or frustrated and a homicide is committed by reason or on the
knowledge of her knowing her to be married, even if the marriage be subsequently declared occasion thereof, the penalty shall be likewise death.
void.
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall
Adultery shall be punished by prision correccional in its medium and maximum periods. be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved
June 20, 1964).
If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that provided Article 336. Acts of lasciviousness. - Any person who shall commit any act of lasciviousness
in the next preceding paragraph shall be imposed. upon other persons of either sex, under any of the circumstances mentioned in the
preceding article, shall be punished by prision correccional.
Article 334. Concubinage. - Any husband who shall keep a mistress in the conjugal dwelling,
or shall have sexual intercourse, under scandalous circumstances, with a woman who is Chapter Three
not his wife, or shall cohabit with her in any other place, shall be punished by prision SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE
correccional in its minimum and medium periods.
Article 337. Qualified seduction. - The seduction of a virgin over twelve years and under
The concubine shall suffer the penalty of destierro. eighteen years of age, committed by any person in public authority, priest, home-servant,
domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with
Chapter Two the education or custody of the woman seduced, shall be punished by prision correccional
RAPE AND ACTS OF LASCIVIOUSNESS in its minimum and medium periods.

Article 335. When and how rape is committed. - Rape is committed by having carnal knowledge The penalty next higher in degree shall be imposed upon any person who shall seduce his
of a woman under any of the following circumstances: sister or descendant, whether or not she be a virgin or over eighteen years of age.

1. By using force or intimidation; Under the provisions of this Chapter, seduction is committed when the offender has carnal
knowledge of any of the persons and under the circumstances described herein.
2. When the woman is deprived of reason or otherwise unconscious; and
Article 338. Simple seduction. - The seduction of a woman who is single or a widow of good
3. When the woman is under twelve years of age, even though neither of the reputation, over twelve but under eighteen years of age, committed by means of deceit,
circumstances mentioned in the two next preceding paragraphs shall be present. shall be punished by arresto mayor.
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Article 339. Acts of lasciviousness with the consent of the offended party. - The penalty of arresto The offended party cannot institute criminal prosecution without including both the guilty
mayor shall be imposed to punish any other acts of lasciviousness committed by the same parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the
persons and the same circumstances as those provided in Articles 337 and 338. offenders.

Article 340. Corruption of minors. - Any person who shall promote or facilitate the The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
prostitution or corruption of persons underage to satisfy the lust of another, shall be prosecuted except upon a complaint filed by the offended party or her parents,
punished by prision mayor, and if the culprit is a pubic officer or employee, including grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned
those in government-owned or controlled corporations, he shall also suffer the penalty of by the above named persons, as the case may be.
temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the
Article 341. White slave trade. - The penalty of prision mayor in its medium and maximum offender with the offended party shall extinguish the criminal action or remit the penalty
period shall be imposed upon any person who, in any manner, or under any pretext, shall already imposed upon him. The provisions of this paragraph shall also be applicable to the
engage in the business or shall profit by prostitution or shall enlist the services of any other co-principals, accomplices and accessories after the fact of the above-mentioned crimes.
for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.)
Article 345. Civil liability of persons guilty of crimes against chastity. - Person guilty of rape,
Chapter Four seduction or abduction, shall also be sentenced:
ABDUCTION
1. To indemnify the offended woman.
Article 342. Forcible abduction. - The abduction of any woman against her will and with lewd
designs shall be punished by reclusion temporal. 2. To acknowledge the offspring, unless the law should prevent him from so doing.

The same penalty shall be imposed in every case, if the female abducted be under twelve 3. In every case to support the offspring.
years of age.
The adulterer and the concubine in the case provided for in Articles 333 and 334 may also
Article 343. Consented abduction. - The abduction of a virgin over twelve years and under be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for
eighteen years of age, carried out with her consent and with lewd designs, shall be punished damages caused to the offended spouse.
by the penalty of prision correccional in its minimum and medium periods.
Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of
Chapter Five the offended party. - The ascendants, guardians, curators, teachers and any person who, by
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE abuse of authority or confidential relationships, shall cooperate as accomplices in the
ELEVEN perpetration of the crimes embraced in chapters, second, third and fourth, of this title,
shall be punished as principals.
Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness. - The crimes of adultery and concubinage shall not be prosecuted except upon Teachers or other persons in any other capacity entrusted with the education and guidance
a complaint filed by the offended spouse. of youth, shall also suffer the penalty of temporary special disqualification in its maximum
period to perpetual special disqualification.

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Any person falling within the terms of this article, and any other person guilty of Title Twelve
corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the office of guardian. CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter one
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Article 347. Simulation of births, substitution of one child for another and concealment or abandonment
of a legitimate child. - The simulation of births and the substitution of one child for another
shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any
legitimate child with intent to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his profession
or office, shall cooperate in the execution of any of the crimes mentioned in the two next
preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of
temporary special disqualification.

Article 348. Usurpation of civil status. - The penalty of prision mayor shall be imposed upon
any person who shall usurp the civil status of another, should he do so for the purpose of
defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in
its medium and maximum periods shall be imposed.

Chapter Two
ILLEGAL MARRIAGES

Article 349. Bigamy. - The penalty of prision mayor shall be imposed upon any person who
shall contract a second or subsequent marriage before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by means of
a judgment rendered in the proper proceedings.

Article 350. Marriage contracted against provisions of laws. - The penalty of prision correccional
in its medium and maximum periods shall be imposed upon any person who, without
being included in the provisions of the next proceeding article, shall have not been
complied with or that the marriage is in disregard of a legal impediment.

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If either of the contracting parties shall obtain the consent of the other by means of Title Thirteen
violence, intimidation or fraud, he shall be punished by the maximum period of the penalty
provided in the next preceding paragraph. CRIMES AGAINST HONOR

Article 351. Premature marriages. - Any widow who shall marry within three hundred and Chapter One
one day from the date of the death of her husband, or before having delivered if she shall LIBEL
have been pregnant at the time of his death, shall be punished by arresto mayor and a fine
not exceeding 500 pesos. Section One. - Definitions, forms, and punishment of this crime.

The same penalties shall be imposed upon any woman whose marriage shall have been Article 353. Definition of libel. - A libel is public and malicious imputation of a crime, or of
annulled or dissolved, if she shall marry before her delivery or before the expiration of the a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance
period of three hundred and one day after the legal separation. tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead.
Article 352. Performance of illegal marriage ceremony. - Priests or ministers of any religious
denomination or sect, or civil authorities who shall perform or authorize any illegal Article 354. Requirement for publicity. - Every defamatory imputation is presumed to be
marriage ceremony shall be punished in accordance with the provisions of the Marriage malicious, even if it be true, if no good intention and justifiable motive for making it is
Law. shown, except in the following cases:

1. A private communication made by any person to another in the performance of

2. A fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative or other official proceedings which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of
any other act performed by public officers in the exercise of their functions.

Article 355. Libel means by writings or similar means. - A libel committed by means of writing,
printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means, shall be punished by prision
correccional in its minimum and medium periods or a fine ranging from 200 to 6,000
pesos, or both, in addition to the civil action which may be brought by the offended party.

Article 356. Threatening to publish and offer to present such publication for a compensation. - The
penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon
any person who threatens another to publish a libel concerning him or the parents, spouse,
child, or other members of the family of the latter or upon anyone who shall offer to
prevent the publication of such libel for a compensation or money consideration.
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Article 357. Prohibited publication of acts referred to in the course of official proceedings. - The penalty the province or city where he held office at the time of the commission of the offense or
of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any where the libelous article is printed and first published and in case one of the offended
reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts parties is a private individual, the action shall be filed in the Court of First Instance of the
connected with the private life of another and offensive to the honor, virtue and reputation province or city where he actually resides at the time of the commission of the offense or
of said person, even though said publication be made in connection with or under the where the libelous matter is printed and first published: Provided, further, That the civil
pretext that it is necessary in the narration of any judicial or administrative proceedings action shall be filed in the same court where the criminal action is filed and vice versa:
wherein such facts have been mentioned. Provided, furthermore, That the court where the criminal action or civil action for damages
is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided,
Article 358. Slander. - Oral defamation shall be punished by arresto mayor in its maximum finally, That this amendment shall not apply to cases of written defamations, the civil
period to prision correccional in its minimum period if it is of a serious and insulting and/or criminal actions which have been filed in court at the time of the effectivity of this
nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. law.

Article 359. Slander by deed. - The penalty of arresto mayor in its maximum period to prision Preliminary investigation of criminal action for written defamations as provided for in the
correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be chapter shall be conducted by the provincial or city fiscal of the province or city, or by the
imposed upon any person who shall perform any act not included and punished in this municipal court of the city or capital of the province where such action may be instituted
title, which shall cast dishonor, discredit or contempt upon another person. If said act is in accordance with the provisions of this article.
not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.
No criminal action for defamation which consists in the imputation of a crime which
Section Two. - General provisions cannot be prosecuted de oficio shall be brought except at the instance of and upon
complaint expressly filed by the offended party. (As amended by R.A. 1289, approved June
Article 360. Persons responsible. - Any person who shall publish, exhibit, or cause the 15, 1955, R.A. 4363, approved June 19, 1965).
publication or exhibition of any defamation in writing or by similar means, shall be
responsible for the same. Article 361. Proof of the truth. - In every criminal prosecution for libel, the truth may be
given in evidence to the court and if it appears that the matter charged as libelous is true,
The author or editor of a book or pamphlet, or the editor or business manager of a daily and, moreover, that it was published with good motives and for justifiable ends, the
newspaper, magazine or serial publication, shall be responsible for the defamations defendants shall be acquitted.
contained therein to the same extent as if he were the author thereof.
Proof of the truth of an imputation of an act or omission not constituting a crime shall
The criminal and civil action for damages in cases of written defamations as provided for not be admitted, unless the imputation shall have been made against Government
in this chapter, shall be filed simultaneously or separately with the court of first instance employees with respect to facts related to the discharge of their official duties.
of the province or city where the libelous article is printed and first published or where
any of the offended parties actually resides at the time of the commission of the offense: In such cases if the defendant proves the truth of the imputation made by him, he shall be
Provided, however, That where one of the offended parties is a public officer whose office acquitted.
is in the City of Manila at the time of the commission of the offense, the action shall be
filed in the Court of First Instance of the City of Manila, or of the city or province where Article 362. Libelous remarks. - Libelous remarks or comments connected with the matter
the libelous article is printed and first published, and in case such public officer does not privileged under the provisions of Article 354, if made with malice, shall not exempt the
hold office in the City of Manila, the action shall be filed in the Court of First Instance of author thereof nor the editor or managing editor of a newspaper from criminal liability.

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 Chapter Two A fine not exceeding two hundred pesos and censure shall be imposed upon any person
INCRIMINATORY MACHINATIONS who, by simple imprudence or negligence, shall cause some wrong which, if done
maliciously, would have constituted a light felony.
Article 363. Incriminating innocent person. - Any person who, by any act not constituting
perjury, shall directly incriminate or impute to an innocent person the commission of a In the imposition of these penalties, the court shall exercise their sound discretion, without
crime, shall be punished by arresto menor. regard to the rules prescribed in Article sixty-four.

Article 364. Intriguing against honor. - The penalty of arresto menor or fine not exceeding 200 The provisions contained in this article shall not be applicable:
pesos shall be imposed for any intrigue which has for its principal purpose to blemish the
honor or reputation of a person. 1. When the penalty provided for the offense is equal to or lower than those
provided in the first two paragraphs of this article, in which case the court shall
Title Fourteen impose the penalty next lower in degree than that which should be imposed in the
period which they may deem proper to apply.
QUASI-OFFENSES
2. When, by imprudence or negligence and with violation of the Automobile Law,
Sole Chapter to death of a person shall be caused, in which case the defendant shall be punished
CRIMINAL NEGLIGENCE by prision correccional in its medium and maximum periods.

Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall Reckless imprudence consists in voluntary, but without malice, doing or falling to do an
commit any act which, had it been intentional, would constitute a grave felony, shall suffer act from which material damage results by reason of inexcusable lack of precaution on the
the penalty of arresto mayor in its maximum period to prision correccional in its medium part of the person performing of failing to perform such act, taking into consideration his
period; if it would have constituted a less grave felony, the penalty of arresto mayor in its employment or occupation, degree of intelligence, physical condition and other
minimum and medium periods shall be imposed; if it would have constituted a light felony, circumstances regarding persons, time and place.
the penalty of arresto menor in its maximum period shall be imposed.
Simple imprudence consists in the lack of precaution displayed in those cases in which the
Any person who, by simple imprudence or negligence, shall commit an act which would damage impending to be caused is not immediate nor the danger clearly manifest.
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium
and maximum periods; if it would have constituted a less serious felony, the penalty The penalty next higher in degree to those provided for in this article shall be imposed
of arresto mayor in its minimum period shall be imposed. upon the offender who fails to lend on the spot to the injured parties such help as may be
in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).
When the execution of the act covered by this article shall have only resulted in damage to
the property of another, the offender shall be punished by a fine ranging from an amount
equal to the value of said damages to three times such value, but which shall in no case be
less than twenty-five pesos.

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