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Republic Act No. 10951: Grave Felonies, Less Grave Felonies and Light Felonies

This document summarizes amendments made to the Revised Penal Code of the Philippines through Republic Act No. 10951. Specifically, it increases the amounts or values associated with certain penalties, including raising the fines for offenses such as treason, sedition, and illegal associations. It also redefines what constitutes an afflictive, correctional, or light penalty based on the amount of the fine.

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0% found this document useful (0 votes)
73 views37 pages

Republic Act No. 10951: Grave Felonies, Less Grave Felonies and Light Felonies

This document summarizes amendments made to the Revised Penal Code of the Philippines through Republic Act No. 10951. Specifically, it increases the amounts or values associated with certain penalties, including raising the fines for offenses such as treason, sedition, and illegal associations. It also redefines what constitutes an afflictive, correctional, or light penalty based on the amount of the fine.

Uploaded by

Erica Mae Vista
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 37

REPUBLIC ACT NO.

10951

AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND


DAMAGE ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER
THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815,
OTHERWISE KNOWN AS "THE REVISED PENAL CODE," AS AMENDED

SECTION 1. Article 9 of Act No. 3815, otherwise known as "The


Revised Penal Code," is hereby amended to read as follows:
"ART. 9. Grave felonies, less grave felonies and light felonies.
Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Article 25 of this Code.
"Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the abovementioned article.
"Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding Forty
thousand pesos (P40,000) or both is provided."
SECTION 2. Article 26 of the same Act is hereby amended to read as
follows:
"ART. 26. Fine. When afflictive, correctional, or light penalty.
A fine, whether imposed as a single or as an alternative penalty,
shall be considered an afflictive penalty, if it exceeds One million two
hundred thousand pesos (P1,200,000); a correctional penalty, if it does
not exceed One million two hundred thousand pesos (P1,200,000) but
is not less than Forty thousand pesos (P40,000); and a light penalty, if
it be less than Forty thousand pesos (P40,000)."
SECTION 3. Article 114 of the same Act, as amended
by Republic Act No. 7659, is hereby further amended to read as follows:
"ART. 114. Treason. Any Filipino citizen who levies war
against the Philippines or adheres to her enemies, giving them aid or
comfort within the Philippines or elsewhere, shall be punished
by reclusion perpetua to death and shall pay a fine not to exceed Four
million pesos (P4,000,000).
"No person shall be convicted of treason unless on the
testimony of two (2) witnesses at least to the same overt act or on
confession of the accused in open court.
"Likewise, an alien, residing in the Philippines, who
commits acts of treason as defined in paragraph 1 of this article shall
be punished by reclusion temporal to death and shall pay a fine not to
exceed Four million pesos (P4,000,000)."
SECTION 4. Article 115 of the same Act is hereby amended to read as
follows:
"ART. 115. Conspiracy and proposal to commit treason;
Penalty. The conspiracy or proposal to commit the crime of treason
shall be punished respectively, by prisin mayor and a fine not
exceeding Two million pesos (P2,000,000), and prisin
correccional and a fine not exceeding One million pesos (P1,000,000)."
SECTION 5. Article 129 of the same Act is hereby amended to read as
follows:
"ART. 129. Search warrants maliciously obtained and abuse in
the service of those legally obtained. In addition to the liability
attaching to the offender for the commission of any other offense, the
penalty of arresto mayor in its maximum period to prisin
correccional in its minimum period and a fine not exceeding Two
hundred thousand pesos (P200,000) shall be imposed upon any public
officer or employee who shall procure a search warrant without just
cause, or, having legally procured the same, shall exceed his authority
or use unnecessary severity in executing the same."
SECTION 6. Article 136 of the same Act, as amended
by Republic Act No. 6968, is hereby further amended to read as follows:
"ART. 136. Conspiracy and proposal to commit coup d'etat,
rebellion or insurrection. The conspiracy and proposal to
commit coup d'etat shall be punished by prisin mayor in its minimum
period and a fine which shall not exceed One million pesos
(P1,000,000).
"The conspiracy and proposal to commit rebellion or insurrection
shall be punished respectively, by prisin correccional in its maximum
period and a fine which shall not exceed One million pesos
(P1,000,000) and by prisin correccional in its medium period and a
fine not exceeding Four hundred thousand pesos (P400,000)." CAIHTE

SECTION 7. Article 140 of the same Act is hereby amended to read as


follows:
"ART. 140. Penalty for sedition. The leader of a sedition shall
suffer the penalty of prisin mayor in its minimum period and a fine not
exceeding Two million pesos (P2,000,000).
"Other persons participating therein shall suffer the penalty
of prisin correccional in its maximum period and a fine not exceeding
One million pesos (P1,000,000)."
SECTION 8. Article 141 of the same Act is hereby amended to read as
follows:
"ART. 141. Conspiracy to commit sedition. Persons
conspiring to commit the crime of sedition shall be punished by prisin
correccional in its medium period and a fine not exceeding Four
hundred thousand pesos (P400,000)."
SECTION 9. Article 142 of the same Act is hereby amended to read as
follows:
"ART. 142. Inciting to sedition. The penalty of prisin
correccional in its maximum period and a fine not exceeding Four
hundred thousand pesos (P400,000) shall be imposed upon any
person who, without taking any direct part in the crime of sedition,
should incite others to the accomplishment of any of the acts which
constitute sedition, by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to the
same end, or upon any person or persons who shall utter seditious
words or speeches, write, publish, or circulate scurrilous libels against
the Government, or any of the duly constituted authorities thereof, or
which tend to disturb or obstruct any lawful officer in executing the
functions of his office, or which tend to instigate others to cabal and
meet together for unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead or tend to stir up the
people against the lawful authorities or to disturb the peace of the
community, the safety and order of the Government, or who shall
knowingly conceal such evil practices."
SECTION 10. Article 143 of the same Act is hereby amended to read
as follows:
"ART. 143. Acts tending to prevent the meeting of Congress and
similar bodies. The penalty of prisin correccional or a fine ranging
from Forty thousand pesos (P40,000) to Four hundred thousand pesos
(P400,000), or both, shall be imposed upon any person who, by force
or fraud, prevents the meeting of Congress or of any of its committees
or subcommittees, Constitutional Commissions or committees or
divisions thereof, or of any provincial board or city or municipal council
or board."
SECTION 11. Article 144 of the same Act is hereby amended to read
as follows:
"ART. 144. Disturbance of proceedings. The penalty
of arresto mayor or a fine from Forty thousand pesos (P40,000) to Two
hundred thousand pesos (P200,000) shall be imposed upon any
person who disturbs the meetings of Congress or of any of its
committees or subcommittees, Constitutional Commissions or
committees or divisions thereof, or of any provincial board or city or
municipal council or board, or in the presence of any such bodies
should behave in such manner as to interrupt its proceedings or to
impair the respect due it."
SECTION 12. Article 147 of the same Act is hereby amended to read
as follows:
"ART. 147. Illegal associations. The penalty of prisin
correccional in its minimum and medium periods and a fine not
exceeding Two hundred thousand pesos (P200,000) shall be imposed
upon the founders, directors, and presidents of associations totally or
partially organized for the purpose of committing any of the crimes
punishable under this Code or for some purpose contrary to public
morals. Mere members of said associations shall suffer the penalty
of arresto mayor."
SECTION 13. Article 148 of the same Act is hereby amended to read
as follows:
"ART. 148. Direct assaults. Any person or persons who,
without a public uprising, shall employ force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes of
rebellion and sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of his agents, while
engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prisin correccional in its
medium and maximum periods and a fine not exceeding Two hundred
thousand pesos (P200,000), when the assault is committed with a
weapon or when the offender is a public officer or employee, or when
the offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty ofprisin correccional in its
minimum period and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed."
SECTION 14. Article 149 of the same Act is hereby amended to read
as follows:
"ART. 149. Indirect assaults. The penalty of prisin
correccional in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000) shall be imposed
upon any person who shall make use of force or intimidation upon any
person coming to the aid of the authorities or their agents on occasion
of the commission of any of the crimes defined in the next preceding
article."
SECTION 15. Article 150 of the same Act is hereby amended to read
as follows:
"ART. 150. Disobedience to summons issued by Congress, its
committees or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions. The penalty of arresto
mayor or a fine ranging from Forty thousand pesos (P40,000) to Two
hundred thousand pesos (P200,000), or both such fine and
imprisonment, shall be imposed upon any person who, having been
duly summoned to attend as a witness before Congress, its special or
standing committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions, or
before any commission or committee chairman or member authorized
to summon witnesses, refuses, without legal excuse, to obey such
summons, or being present before any such legislative or constitutional
body or official, refuses to be sworn or placed under affirmation or to
answer any legal inquiry or to produce any books, papers, documents,
or records in his possession, when required by them to do so in the
exercise of their functions. The same penalty shall be imposed upon
any person who shall restrain another from attending as a witness, or
who shall induce disobedience to summons or refusal to be sworn by
any such body or official."
SECTION 16. Article 151 of the same Act is hereby amended to read
as follows:
"ART. 151. Resistance and disobedience to a person in
authority or the agents of such person. The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who not being included
in the provisions of the preceding articles shall resist or seriously
disobey any person in authority, or the agents of such person, while
engaged in the performance of official duties.
"When the disobedience to an agent of a person in authority is
not of a serious nature, the penalty of arresto menor or a fine ranging
from Two thousand pesos (P2,000) to Twenty thousand pesos
(P20,000) shall be imposed upon the offender."
SECTION 17. Article 153 of the same Act is hereby amended to read
as follows:
"ART. 153. Tumults and other disturbances of public order;
Tumultuous disturbance or interruption liable to cause disturbance.
The penalty ofarresto mayor in its medium period to prisin
correccional in its minimum period and a fine not exceeding Two
hundred thousand pesos (P200,000) shall be imposed upon any
person who shall cause any serious disturbance in a public place,
office, or establishment, or shall interrupt or disturb public
performances, functions or gatherings, or peaceful meetings, if
the act is not included in the provisions of Articles 131 and 132.
"The penalty next higher in degree shall be imposed upon
persons causing any disturbance or interruption of a tumultuous
character.
"The disturbance or interruption shall be deemed to be
tumultuous if caused by more than three (3) persons who are armed or
provided with means of violence.
"The penalty of arresto mayor shall be imposed upon any
person who in any meeting, association, or public place, shall make
any outcry tending to incite rebellion or sedition or in such place shall
display placards or emblems which provoke a disturbance of the public
order.
"The penalty of arresto menor and a fine not to exceed Forty
thousand pesos (P40,000) shall be imposed upon these persons who
in violation of the provisions contained in the last clause of Article 85,
shall bury with pomp the body of a person who has been legally
executed."
SECTION 18. Article 154 of the same Act is hereby amended to read
as follows:
"ART. 154. Unlawful use of means of publication and unlawful
utterances. The penalty of arresto mayor and a fine ranging from
Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000) shall be imposed upon:
"1. Any person who by means of printing, lithography, or any
other means of publication shall publish or cause to be published as
news any false news which may endanger the public order, or cause
damage to the interest or credit of the State;
"2. Any person who by the same means, or by words,
utterances or speeches shall encourage disobedience to the law or to
the constituted authorities or praise, justify, or extol any act punished
by law;
"3. Any person who shall maliciously publish or cause to be
published any official resolution or document without proper authority,
or before they have been published officially; or
"4. Any person who shall print, publish, or distribute or cause to
be printed, published, or distributed books, pamphlets, periodicals, or
leaflets which do not bear the real printer's name, or which are
classified as anonymous."
SECTION 19. Article 155 of the same Act is hereby amended to read
as follows:
"ART. 155. Alarms and scandals. The penalty of arresto
menor or a fine not exceeding Forty thousand pesos (P40,000) shall
be imposed upon:
"1. Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;
"2. Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or prejudicial
to public tranquility;
"3. Any person who, while wandering about at night or while
engaged in any other nocturnal amusements, shall disturb the public
peace; or DETACa

"4. Any person who, while intoxicated or otherwise, shall cause


any disturbance or scandal in public places: Provided, That the
circumstances of the case shall not make the provisions of Article 153
applicable."
SECTION 20. Article 163 of the same Act, as amended
by Republic Act No. 4202, is hereby further amended to read as follows:
"ART. 163. Making and importing and uttering false coins.
Any person who makes, imports, or utters false coins, in connivance
with counterfeiters, or importers, shall suffer:
"1. Prisin correccional in its minimum and medium periods and
a fine not to exceed Four hundred thousand pesos (P400,000), if the
counterfeited coins be any of the coinage of the Philippines.
"2. Prisin correccional in its minimum period and a fine not to
exceed Two hundred thousand pesos (P200,000), if the counterfeited
coin be currency of a foreign country."
SECTION 21. Article 164 of the same Act is hereby amended to read
as follows:
"ART. 164. Mutilation of coins; Importation and utterance of
mutilated coins. The penalty of prisin correccional in its minimum
period and a fine not to exceed Four hundred thousand pesos
(P400,000) shall be imposed upon any person who shall mutilate coins
of the legal currency of the Philippines or import or utter mutilated
current coins, or in connivance with mutilators or importers."
SECTION 22. Article 166 of the same Act is hereby amended to read
as follows:
"ART. 166. Forging treasury or bank notes or other documents
payable to bearer; Importing, and uttering such false or forged notes
and documents. The forging or falsification of treasury or bank notes
or certificates or other obligations and securities payable to bearer and
the importation and uttering in connivance with forgers or importers of
such false or forged obligations or notes, shall be punished as follows:
"1. By reclusion temporal in its minimum period and a fine not to
exceed Two million pesos (P2,000,000), if the document which has
been falsified, counterfeited, or altered is an obligation or security of
the Philippines.
"The words 'obligation or security of the Philippines' shall mean
all bonds, certificates of indebtedness, national bank notes, coupons,
Philippine notes, treasury notes, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by or upon authorized
officers of the Philippines, and other representatives of value, of
whatever denomination, which have been or may be issued under
any act of Congress.
"2. By prisin mayor in its maximum period and a fine not to
exceed One million pesos (P1,000,000), if the falsified or altered
document is a circulating note issued by any banking association duly
authorized by law to issue the same.
"3. By prisin mayor in its medium period and a fine not to
exceed One million pesos (P1,000,000), if the falsified or counterfeited
document was issued by a foreign government.
"4. By prisin mayor in its minimum period and a fine not to
exceed Four hundred thousand pesos (P400,000), when the forged or
altered document is a circulating note or bill issued by a foreign bank
duly authorized therefor."
SECTION 23. Article 167 of the same Act is hereby amended to read
as follows:
"ART. 167. Counterfeiting, importing and uttering instruments
not payable to bearer. Any person who shall forge, import or utter, in
connivance with the forgers or importers, any instrument payable to
order or other document of credit not payable to bearer, shall suffer the
penalties of prisin correccional in its medium and maximum periods
and a fine not exceeding One million two hundred thousand pesos
(P1,200,000)."
SECTION 24. Article 170 of the same Act is hereby amended to read
as follows:
"ART. 170. Falsification of legislative documents. The penalty
of prisin correccional in its maximum period and a fine not exceeding
One million two hundred thousand pesos (P1,200,000) shall be
imposed upon any person who, without proper authority therefor alters
any bill, resolution, or ordinance enacted or approved or pending
approval by either House of Congress or any provincial board or
municipal council."
SECTION 25. Article 171 of the same Act is hereby amended to read
as follows:
"ART. 171. Falsification by public officer, employee or notary or
ecclesiastic minister. The penalty of prisin mayor and a fine not to
exceed One million pesos (P1,000,000) shall be imposed upon any
public officer, employee, or notary who, taking advantage of his official
position, shall falsify a document by committing any of the
following acts:
"1. Counterfeiting or imitating any handwriting, signature or
rubric;
"2. Causing it to appear that persons have participated in
any act or proceeding when they did not in fact so participate;
"3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them;
"4. Making untruthful statements in a narration of facts;
"5. Altering true dates;
"6. Making any alteration or intercalation in a genuine document
which changes its meaning;
"7. Issuing in an authenticated form a document purporting to be
a copy of an original document when no such original exists, or
including in such a copy a statement contrary to, or different from, that
of the genuine original; or
"8. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
"The same penalty shall be imposed upon any ecclesiastical
minister who shall commit any of the offenses enumerated in the
preceding paragraphs of this article, with respect to any record or
document of such character that its falsification may affect the civil
status of persons."
SECTION 26. Article 172 of the same Act is hereby amended to read
as follows:
"ART. 172. Falsification by private individual and use of falsified
documents. The penalty of prisin correccional in its medium and
maximum periods and a fine of not more than One million pesos
(P1,000,000) shall be imposed upon:
"1. Any private individual who shall commit any of the
falsifications enumerated in the next preceding article in any public or
official document or letter of exchange or any other kind of commercial
document;
"2. Any person who, to the damage of a third party, or with the
intent to cause such damage, shall in any private document commit
any of the acts of falsification enumerated in the next preceding article;
and
"3. Any person who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who, with the intent
to cause such damage, shall use any of the false documents
embraced in the next preceding article, or in any of the foregoing
subdivisions of this article, shall be punished by the penalty next lower
in degree."
SECTION 27. Article 174 of the same Act is hereby amended to read
as follows:
"ART. 174. False medical certificates, false certificates of merits
or service, etc. The penalties of arresto mayor in its maximum
period to prisin correccional in its minimum period and a fine not to
exceed Two hundred thousand pesos (P200,000) shall be imposed
upon:
"1. Any physician or surgeon who, in connection with the
practice of his profession, shall issue a false certificate; and
"2. Any public officer who shall issue a false certificate of merit
of service, good conduct or similar circumstances."
"The penalty of arresto mayor shall be imposed upon any
private person who shall falsify a certificate falling within the classes
mentioned in the two (2) preceding subdivisions."
SECTION 28. Article 176 of the same Act is hereby amended to read
as follows:
"ART. 176. Manufacturing and possession of instruments or
implements for falsification. The penalty of prisin correccional in its
medium and maximum periods and a fine not to exceed One million
pesos (P1,000,000) shall be imposed upon any person who shall make
or introduce into the Philippines any stamps, dies, marks, or other
instruments or implements intended to be used in the commission of
the offenses of counterfeiting or falsification mentioned in the
preceding sections of this Chapter.
"Any person who, with the intention of using them, shall have in
his possession any of the instruments or implements mentioned in the
preceding paragraphs, shall suffer the penalty next lower in degree
than that provided therein."
SECTION 29. Article 178 of the same Act is hereby amended to read
as follows:
aDSIHc

"ART. 178. Using fictitious name and concealing true name.


The penalty of arresto mayor and a fine not to exceed One hundred
thousand pesos (P100,000) shall be imposed upon any person who
shall publicly use a fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or causing damage.
"Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
exceed Forty thousand pesos (P40,000)."
SECTION 30. Article 180 of the same Act is hereby amended to read
as follows:
"ART. 180. False testimony against a defendant. Any person
who shall give false testimony against the defendant in any criminal
case shall suffer:
"1. The penalty of reclusion temporal, if the defendant in said
case shall have been sentenced to death;
"2. The penalty of prisin mayor, if the defendant shall have
been sentenced to reclusion temporal or reclusion perpetua;
"3. The penalty of prisin correccional, if the defendant shall
have been sentenced to any other afflictive penalty; and
"4. The penalty of arresto mayor, if the defendant shall have
been sentenced to a correctional penalty or a fine, or shall have been
acquitted.
"In cases provided in subdivisions 3 and 4 of this article the
offender shall further suffer a fine not to exceed Two hundred thousand
pesos (P200,000)."
SECTION 31. Article 181 of the same Act is hereby amended to read
as follows:
"ART. 181. False testimony favorable to the defendant. Any
person who shall give false testimony in favor of the defendant in a
criminal case, shall suffer the penalties of arresto mayor in its
maximum period to prisin correccional in its minimum period and a
fine not to exceed Two hundred thousand pesos (P200,000), if the
prosecution is for a felony punishable by an afflictive penalty, and the
penalty of arresto mayor in any other case."
SECTION 32. Article 182 of the same Act is hereby amended to read
as follows:
"ART. 182. False testimony in civil cases. Any person found
guilty of false testimony in a civil case shall suffer the penalty of prisin
correccional in its minimum period and a fine not to exceed One million
two hundred thousand pesos (P1,200,000), if the amount in
controversy shall exceed One million pesos (P1,000,000), and the
penalty of arresto mayor in its maximum period to prisin
correccional in its minimum period and a fine not to exceed Two
hundred thousand pesos (P200,000), if the amount in controversy shall
not exceed said amount or cannot be estimated."
SECTION 33. Article 187 of the same Act is hereby amended to read
as follows:
"ART. 187. Importation and disposition of falsely marked articles
or merchandise made of gold, silver, or other precious metals or their
alloys. The penalty of prisin correccional or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both, shall be imposed upon any person who shall
knowingly import or sell or dispose of any article or merchandise made
of gold, silver, or other precious metals, or their alloys, with stamps,
brands, or marks which fail to indicate the actual fineness or quality of
said metals or alloys.
"Any stamp, brand, label, or mark shall be deemed to fail to
indicate the actual fineness of the article on which it is engraved,
printed, stamped, labeled or attached, when the test of the article
shows that the quality or fineness thereof is less by more than one-half
karat, if made of gold, and less by more than four one-thousandth, if
made of silver, than what is shown by said stamp, brand, label or mark.
But in case of watch cases and flatware made of gold, the actual
fineness of such gold shall not be less by more than three one-
thousandth than the fineness indicated by said stamp, brand, label, or
mark."
SECTION 34. Article 201 of the same Act, as amended by Presidential
Decree Nos. 960 and 969, is hereby further amended to read as follows:
"ART. 201. Immoral doctrines, obscene publications and
exhibitions and indecent shows. The penalty of prisin mayor or a
fine ranging from Twenty thousand pesos (P20,000) to Two hundred
thousand pesos (P200,000), or both such imprisonment and fine, shall
be imposed upon:
"1. Those who shall publicly expound or proclaim doctrines
openly contrary to public morals;
"2. a. The authors of obscene literature, published with their
knowledge in any form; the editors publishing such literature; and the
owners/operators of the establishment selling the same;
"b. Those who, in theaters, fairs, cinematographs or any other
place, exhibit indecent or immoral plays, scenes, acts or shows, it
being understood that the obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live or in film, which are
prescribed by virtue hereof, shall include those which: (1) glorify
criminals or condone crimes; (2) serve no other purpose but to satisfy
the market for violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited drugs; and (5)
are contrary to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts; and
"3. Those who shall sell, give away or exhibit films, prints,
engravings, sculpture or literature which are offensive to morals."
SECTION 35. Article 202 of the same Act, as amended, is hereby
further amended to read as follows:
"ART. 202. Prostitutes; Penalty. For the purpose of this
article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
"Any person found guilty of any of the offenses covered by this
article shall be punished by arresto menor or a fine not exceeding
Twenty thousand pesos (P20,000), and in case of recidivism,
by arresto mayor in its medium period to prisin correccional in its
minimum period or a fine ranging from Twenty thousand pesos
(P20,000) to Two hundred thousand pesos (P200,000), or both, in the
discretion of the court."
SECTION 36. Article 209 of the same Act is hereby amended to read
as follows:
"ART. 209. Betrayal of trust by an attorney or solicitor.
Revelation of secrets. In addition to the proper administrative
action, the penalty ofprisin correccional in its minimum period, or a
fine ranging from Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000), or both, shall be imposed upon any
attorney-at-law or any person duly authorized to represent and/or
assist a party to a case who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance, shall prejudice his
client, or reveal any of the secrets of the latter learned by him in his
professional capacity.
"The same penalty shall be imposed upon an attorney-at-law or
any person duly authorized to represent and/or assist a party to a case
who, having undertaken the defense of a client or having received
confidential information from said client in a case, shall undertake the
defense of the opposing party in the same case, without the consent of
his first client."
SECTION 37. Article 213 of the same Act is hereby amended to read
as follows:
"ART. 213. Frauds against the public treasury and similar
offenses. The penalty of prisin correccional in its medium period
to prisin mayor in its minimum period, or a fine ranging from Forty
thousand pesos (P40,000) to Two million pesos (P2,000,000), or both,
shall be imposed upon any public officer who:
"1. In his official capacity, in dealing with any person with regard
to furnishing supplies, the making of contracts, or the adjustment or
settlement of accounts relating to public property or funds, shall enter
into an agreement with any interested party or speculator or make use
of any other scheme, to defraud the Government;
"2. Being entrusted with the collection of taxes, licenses, fees
and other imposts, shall be guilty of any of the following acts or
omissions:
"(a) Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law.
"(b) Failing voluntarily to issue a receipt, as provided by law, for
any sum of money collected by him officially.
"(c) Collecting or receiving, directly or indirectly, by way of
payment or otherwise things or objects of a nature different from that
provided by law.
"When the culprit is an officer or employee of the Bureau of
Internal Revenue or the Bureau of Customs, the provisions of the
Administrative Code shall be applied."
SECTION 38. Article 215 of the same Act is hereby amended to read
as follows:
"ART. 215. Prohibited transactions. The penalty
of prisin correccional in its minimum period or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both, shall be imposed upon any appointive public
officer who, during his incumbency, shall directly or indirectly become
interested in any transaction of exchange or speculation within the
territory subject to his jurisdiction."
SECTION 39. Article 216 of the same Act is hereby amended to read
as follows:
"ART. 216. Possession of prohibited interest by a public officer.
The penalty of arresto mayor in its medium period
to prisin correccional in its minimum period, or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both, shall be imposed upon a public officer who directly
or indirectly, shall become interested in any contract or business in
which it is his official duty to intervene.
"This provision is applicable to experts, arbitrators and private
accountants who, in like manner, shall take part in any contract or
transaction connected with the estate or property in appraisal,
distribution or adjudication of which they shall have acted, and to
guardians and executors with respect to the property belonging to their
wards or estate." ETHIDa

SECTION 40. Article 217 of the same Act, as amended


by Republic Act No. 1060, is hereby further amended to read as follows:
"ART. 217. Malversation of public funds or property.
Presumption of malversation. Any public officer who, by reason of
the duties of his office, is accountable for public funds or property, shall
appropriate the same, or shall take or misappropriate or shall consent,
through abandonment or negligence, shall permit any other person to
take such public funds or property, wholly or partially, or shall
otherwise be guilty of the misappropriation or malversation of such
funds or property, shall suffer:
"1. The penalty of prisin correccional in its medium and
maximum periods, if the amount involved in the misappropriation or
malversation does not exceed Forty thousand pesos (P40,000).
"2. The penalty of prisin mayor in its minimum and medium
periods, if the amount involved is more than Forty thousand pesos
(P40,000) but does not exceed One million two hundred thousand
pesos (P1,200,000).
"3. The penalty of prisin mayor in its maximum period
to reclusion temporal in its minimum period, if the amount involved is
more than One million two hundred thousand pesos (P1,200,000) but
does not exceed Two million four hundred thousand pesos
(P2,400,000).
"4. The penalty of reclusion temporal, in its medium and
maximum periods, if the amount involved is more than Two million four
hundred thousand pesos (P2,400,000) but does not exceed Four
million four hundred thousand pesos (P4,400,000).
"5. The penalty of reclusion temporal in its maximum period, if
the amount involved is more than Four million four hundred thousand
pesos (P4,400,000) but does not exceed Eight million eight hundred
thousand pesos (P8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.
"In all cases, persons guilty of malversation shall also suffer the
penalty of perpetual special disqualification and a fine equal to the
amount of the funds malversed or equal to the total value of the
property embezzled.
"The failure of a public officer to have duly forthcoming any
public funds or property with which he is chargeable, upon demand by
any duly authorized officer, shall be prima facie evidence that he has
put such missing funds or property to personal uses."
SECTION 41. Article 218 of the same Act is hereby amended to read
as follows:
"ART. 218. Failure of accountable officer to render accounts.
Any public officer, whether in the service or separated therefrom by
resignation or any other cause, who is required by law or regulation to
render account to the Commission on Audit, or to a provincial auditor
and who fails to do so for a period of two (2) months after such
accounts should be rendered, shall be punished
by prisin correccional in its minimum period, or by a fine ranging from
Forty thousand pesos (P40,000) to One million two hundred thousand
pesos (P1,200,000), or both."
SECTION 42. Article 219 of the same Act is hereby amended to read
as follows:
"ART. 219. Failure of a responsible public officer to render
accounts before leaving the country. Any public officer who
unlawfully leaves or attempts to leave the Philippines without securing
a certificate from the Commission on Audit showing that his accounts
have been finally settled, shall be punished byarresto mayor, or a fine
ranging from Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000), or both."
SECTION 43. Article 221 of the same Act is hereby amended to read
as follows:
"ART. 221. Failure to make delivery of public funds or property.
Any public officer under obligation to make payment from
Government funds in his possession, who shall fail to make such
payment, shall be punished by arresto mayor and a fine from five (5) to
twenty-five (25) percent of the sum which he failed to pay.
"This provision shall apply to any public officer who, being
ordered by competent authority to deliver any property in his custody
or under his administration, shall refuse to make such delivery.
"The fine shall be graduated in such case by the value of the
thing: Provided, That it shall not be less than Ten thousand pesos
(P10,000)."
SECTION 44. Article 226 of the same Act is hereby amended to read
as follows:
"ART. 226. Removal, concealment or destruction of documents.
Any public officer who shall remove, destroy or conceal documents
or papers officially entrusted to him, shall suffer:
"1. The penalty of prisin mayor and a fine not exceeding Two
hundred thousand pesos (P200,000), whenever serious damage shall
have been caused thereby to a third party or to the public interest.
"2. The penalty of prisin correccional in its minimum and
medium period and a fine not exceeding Two hundred thousand pesos
(P200,000), whenever the damage caused to a third party or to the
public interest shall not have been serious.
"In either case, the additional penalty of temporary special
disqualification in its maximum period to perpetual disqualification shall
be imposed."
SECTION 45. Article 227 of the same Act is hereby amended to read
as follows:
"ART. 227. Officer breaking seal. Any public officer charged
with the custody of papers or property sealed by proper authority, who
shall break the seals or permit them to be broken, shall suffer the
penalties of prisin correccional in its minimum and medium periods,
temporary special disqualification and a fine not exceeding Four
hundred thousand pesos (P400,000)."
SECTION 46. Article 228 of the same Act is hereby amended to read
as follows:
"ART. 228. Opening of closed documents. Any public officer
not included in the provisions of the next preceding article who, without
proper authority, shall open or shall permit to be opened any closed
papers, documents or objects entrusted to his custody, shall suffer the
penalties of arresto mayor, temporary special disqualification and a
fine not exceeding Four hundred thousand pesos (P400,000)."
SECTION 47. Article 229 of the same Act is hereby amended to read
as follows:
"ART. 229. Revelation of secrets by an officer. Any public
officer who shall reveal any secret known to him by reason of his
official capacity, or shall wrongfully deliver papers or copies of papers
of which he may have charge and which should not be published, shall
suffer the penalties of prisin correccionalin its medium and maximum
periods, perpetual special disqualification and a fine not exceeding
Four hundred thousand pesos (P400,000) if the revelation of such
secrets or the delivery of such papers shall have caused serious
damage to the public interest; otherwise, the penalties
of prisin correccional in its minimum period, temporary special
disqualification and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed."
SECTION 48. Article 230 of the same Act is hereby amended to read
as follows:
"ART. 230. Public officer revealing secrets of private individual.
Any public officer to whom the secrets of any private individual shall
become known by reason of his office who shall reveal such secrets,
shall suffer the penalties of arresto mayor and a fine not exceeding
Two hundred thousand pesos (P200,000)."
SECTION 49. Article 231 of the same Act is hereby amended to read
as follows:
"ART. 231. Open disobedience. Any judicial or executive
officer who shall openly refuse to execute the judgment, decision or
order of any superior authority made within the scope of the jurisdiction
of the latter and issued with all the legal formalities, shall suffer the
penalties of arresto mayor in its medium period
to prisin correccional in its minimum period, temporary special
disqualification in its maximum period and a fine not exceeding Two
hundred thousand pesos (P200,000)."
SECTION 50. Article 233 of the same Act is hereby amended to read
as follows:
"ART. 233. Refusal of assistance. The penalties of arresto
mayor in its medium period to prisin correccional in its minimum
period, perpetual special disqualification and a fine not exceeding Two
hundred thousand pesos (P200,000), shall be imposed upon a public
officer who, upon demand from competent authority, shall fail to lend
his cooperation towards the administration of justice or other public
service, if such failure shall result in serious damage to the public
interest, or to a third party; otherwise, arresto mayor in its medium and
maximum periods and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed."
SECTION 51. Article 234 of the same Act is hereby amended to read
as follows:
"ART. 234. Refusal to discharge elective office. The penalty
of arresto mayor or a fine not exceeding Two hundred thousand pesos
(P200,000), or both, shall be imposed upon any person who, having
been elected by popular election to a public office, shall refuse without
legal motive to be sworn in or to discharge the duties of said office."
SECTION 52. Article 235 of the same Act, as amended by Executive
Order No. 62, is hereby further amended to read as follows:
"ART. 235. Maltreatment of prisoners. The penalty
of prisin correccional in its medium period to prisin mayor in its
minimum period, in addition to his liability for the physical injuries or
damage caused, shall be imposed upon any public officer or employee
who shall overdo himself in the correction or handling of a prisoner or
detention prisoner under his charge, by the imposition of punishments
not authorized by the regulations, or by inflicting such punishments in a
cruel and humiliating manner.
"If the purpose of the maltreatment is to extort a confession, or
to obtain some information from the prisoner, the offender shall be
punished by prisinmayor in its minimum period, temporary special
disqualification and a fine not exceeding One hundred thousand pesos
(P100,000), in addition to his liability for the physical injuries or
damage caused." cSEDTC
SECTION 53. Article 236 of the same Act is hereby amended to read
as follows:
"ART. 236. Anticipation of duties of a public office. Any
person who shall assume the performance of the duties and powers of
any public officer or employment without first being sworn in or having
given the bond required by law, shall be suspended from such office or
employment until he shall have complied with the respective formalities
and shall be fined from Forty thousand pesos (P40,000) to One
hundred thousand pesos (P100,000)."
SECTION 54. Article 237 of the same Act is hereby amended to read
as follows:
"ART. 237. Prolonging performance of duties and powers.
Any public officer who shall continue to exercise the duties and powers
of his office, employment or commission, beyond the period provided
by law, regulation or special provisions applicable to the case, shall
suffer the penalties of prisincorreccional in its minimum period,
special temporary disqualification in its minimum period and a fine not
exceeding One hundred thousand pesos (P100,000)."
SECTION 55. Article 239 of the same Act is hereby amended to read
as follows:
"ART. 239. Usurpation of legislative powers. The penalties
of prisin correccional in its minimum period, temporary special
disqualification and a fine not exceeding Two hundred thousand pesos
(P200,000), shall be imposed upon any public officer who shall
encroach upon the powers of the legislative branch of the Government,
either by making general rules or regulations beyond the scope of his
authority, or by attempting to repeal a law or suspending the execution
thereof."
SECTION 56. Article 242 of the same Act is hereby amended to read
as follows:
"ART. 242. Disobeying request for disqualification. Any public
officer who, before the question of jurisdiction is decided, shall
continue any proceeding after having been lawfully required to refrain
from so doing, shall be punished by arresto mayor and a fine not
exceeding One hundred thousand pesos (P100,000)."
SECTION 57. Article 243 of the same Act is hereby amended to read
as follows:
"ART. 243. Orders or requests by executive officers to any
judicial authority. Any executive officer who shall address any order
or suggestion to any judicial authority with respect to any case or
business coming within the exclusive jurisdiction of the courts of justice
shall suffer the penalty of arresto mayorand a fine not exceeding One
hundred thousand pesos (P100,000)."
SECTION 58. Article 244 of the same Act is hereby amended to read
as follows:
"ART. 244. Unlawful appointments. Any public officer who
shall knowingly nominate or appoint to any public office any person
lacking the legal qualifications therefor, shall suffer the penalty
of arresto mayor and a fine not exceeding Two hundred thousand
pesos (P200,000)."
SECTION 59. Article 259 of the same Act is hereby amended to read
as follows:
"ART. 259. Abortion practiced by a physician or midwife and
dispensing of abortives. The penalties provided in Article 256 shall
be imposed in its maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill,
shall cause an abortion or assist in causing the same.
"Any pharmacist who, without the proper prescription from a
physician, shall dispense any abortive shall suffer arresto mayor and a
fine not exceeding One hundred thousand pesos (P100,000)."
SECTION 60. Article 265 of the same Act is hereby amended to read
as follows:
"ART. 265. Less serious physical injuries. Any person who
shall inflict upon another physical injuries not described in the
preceding articles, but which shall incapacitate the offended party for
labor for ten (10) days or more, or shall require medical assistance for
the same period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor.
"Whenever less serious physical injuries shall have been
inflicted with the manifest intent to insult 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 Fifty thousand pesos
(P50,000) shall be imposed.
"Any less serious physical injuries inflicted upon the offender's
parents, ascendants, guardians, curators, teachers, or persons of rank,
or persons in authority, shall be punished by prisin correccional in its
minimum and medium periods: Provided, That in the case of persons
in authority, the deed does not constitute the crime of assault upon
such persons."
SECTION 61. Article 266 of the same Act is hereby amended to read
as follows:
"ART. 266. Slight physical injuries and maltreatment. The
crime of slight physical injuries shall be punished:
"1. By arresto menor when the offender has inflicted physical
injuries which shall incapacitate the offended party for labor from one
(1) to nine (9) days, or shall require medical attendance during the
same period.
"2. By arresto menor or a fine not exceeding Forty thousand
pesos (P40,000) and censure when the offender has caused physical
injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.
"3. By arresto menor in its minimum period or a fine not
exceeding Five thousand pesos (P5,000) when the offender shall ill-
treat another by deed without causing any injury."
SECTION 62. Article 268 of the same Act, as amended
by Republic Act No. 18, is hereby further amended to read as follows:
"ART. 268. Slight illegal detention. The penalty of reclusion
temporal shall be imposed upon any private individual who shall
commit the crimes described in the next preceding article without the
attendance of any of the circumstances enumerated therein.
"The same penalty shall be incurred by anyone who shall
furnish the place for the perpetration of the crime.
"If the offender shall voluntarily release the person so kidnapped
or detained within three (3) days from the commencement of the
detention, without having attained the purpose intended, and before
the institution of criminal proceedings against him, the penalty shall
be prisin mayor in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000)."
SECTION 63. Article 269 of the same Act is hereby amended to read
as follows:
"ART. 269. Unlawful arrest. The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos (P100,000) shall be
imposed upon any person who, in any case other than those
authorized by law, or without reasonable ground therefor, shall arrest
or detain another for the purpose of delivering him to the proper
authorities."
SECTION 64. Article 271 of the same Act, as amended
by Republic Act No. 18, is hereby further amended to read as follows:
"ART. 271. Inducing a minor to abandon his home. The
penalty of prisin correccional and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon anyone who shall
induce a minor to abandon the home of his parents or guardians or the
persons entrusted with his custody.
"If the person committing any of the crimes covered by the two
(2) preceding articles shall be the father or the mother of the minor, the
penalty shall bearresto mayor or a fine not exceeding Forty thousand
pesos (P40,000), or both."
SECTION 65. Article 276 of the same Act is hereby amended to read
as follows:
"ART. 276. Abandoning a minor. The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who shall abandon a child
under seven (7) years of age, the custody of which is incumbent upon
him.
"When the death of the minor shall result from such
abandonment, the culprit shall be punished by prisin correccional in
its medium and maximum periods; but if the life of the minor shall have
been in danger only, the penalty shall be prisin correccional in its
minimum and medium periods.
"The provisions contained in the two (2) preceding paragraphs
shall not prevent the imposition of the penalty provided for
the act committed, when the same shall constitute a more serious
offense."
SECTION 66. Article 277 of the same Act is hereby amended to read
as follows:
"ART. 277. Abandonment of minor by person entrusted with his
custody; Indifference of parents. The penalty of arresto mayor and a
fine not exceeding One hundred thousand pesos (P100,000) shall be
imposed upon anyone who, having charge of the rearing or education
of a minor, shall deliver said minor to a 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
authorities.
"The same penalty shall be imposed upon the parents who shall
neglect their children by not giving them the education which their
station in life requires and financial condition permits."
SECTION 67. Article 278 of the same Act is hereby amended to read
as follows:
SDAaTC

"ART. 278. Exploitation of minors. The penalty


of prisin correccional in its minimum and medium periods and a fine
not exceeding One hundred thousand pesos (P100,000) shall be
imposed upon:
"1. Any person who shall cause any boy or girl under sixteen
(16) years of age to perform any dangerous feat of balancing, physical
strength, or contortion.
"2. Any person who, being an acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus manager or engaged in a similar
calling, shall employ in exhibitions of these kinds children under
sixteen (16) years of age who are not his children or descendants.
"3. Any person engaged in any of the callings enumerated in the
next preceding paragraph who shall employ any descendant of his
under twelve (12) years of age in such dangerous exhibitions.
"4. Any ascendant, guardian, teacher or person entrusted in any
capacity with the care of a child under sixteen (16) years of age, who
shall deliver such child gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to any habitual vagrant
or beggar.
"If the delivery shall have been made in consideration of any
price, compensation, or promise, the penalty shall in every case be
imposed in its maximum period.
"In either case, the guardian or curator convicted shall also be
removed from office as guardian or curator; and in the case of the
parents of the child, they may be deprived, temporarily or perpetually,
in the discretion of the court, of their parental authority.
"5. Any person who shall induce any child under sixteen (16)
years of age to abandon the home of its ascendants, guardians,
curators or teachers to follow any person engaged in any of the
callings mentioned in paragraph 2 hereof, or to accompany any
habitual vagrant or beggar."
SECTION 68. Article 280 of the same Act is hereby amended to read
as follows:
"ART. 280. Qualified trespass to dwelling. Any private person
who shall enter the dwelling of another against the latter's will, shall be
punished byarresto mayor and a fine not exceeding Two hundred
thousand pesos (P200,000).
"If the offense be committed by means of violence or
intimidation, the penalty shall be prisin correccional in its medium and
maximum periods and a fine not exceeding Two hundred thousand
pesos (P200,000).
"The provisions of this article shall not be applicable to any
person who shall enter another's 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
dwelling for the purpose of rendering some service to humanity or
justice, nor to anyone who shall enter cafes, taverns, inns and other
public houses, while the same are open."
SECTION 69. Article 281 of the same Act is hereby amended to read
as follows:
"ART. 281. Other forms of trespass. The penalty of arresto
menor or a fine not exceeding Forty thousand pesos (P40,000), or
both, shall be imposed upon any person who shall enter the closed
premises or the fenced estate of another, while either or both of them
are uninhabited, if the prohibition to enter be manifest and the
trespasser has not secured the permission of the owner or the
caretaker thereof."
SECTION 70. Article 282 of the same Act is hereby amended to read
as follows:
"ART. 282. Grave threats. Any person who shall threaten
another with the infliction upon the person, honor or property of the
latter or of his family of any wrong amounting to a crime, shall suffer:
"1. The penalty next lower in degree than that prescribed by law
for the crime he threatened to commit, if the offender shall have made
the threat demanding money 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 penalty lower by
two (2) degrees shall be imposed.
"If the threat be made in writing or through a middleman, the
penalty shall be imposed in its maximum period.
"2. The penalty of arresto mayor and a fine not exceeding One
hundred thousand pesos (P100,000), if the threat shall not have been
made subject to a condition."
SECTION 71. Article 285 of the same Act is hereby amended to read
as follows:
"ART. 285. Other light threats. The penalty of arresto
menor in its minimum period or a fine not exceeding Forty thousand
pesos (P40,000) shall be imposed upon:
"1. Any person who, without being included in the provisions of
the next preceding article, shall threaten another with a weapon, or
draw such weapon in a quarrel, unless it be in lawful self-defense.
"2. Any person who, in the heat of anger, shall orally threaten
another with some harm not constituting a crime, and who by
subsequent acts shows that he did not persist in the idea involved in
his threat: Provided, That the circumstances of the offense shall not
bring it within the provisions of Article 282 of this Code.
"3. Any person who shall orally threaten to do another any harm
not constituting a felony."
SECTION 72. Article 286 of the same Act, as amended
by Republic Act No. 7890, is hereby further amended to read as follows:
"ART. 286. Grave coercions. The penalty
of prisin correccional and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon any person who, without any
authority of law, shall, by means of violence, threats, or intimidation,
prevent another from doing something not prohibited by law, or compel
him to do something against his will, whether it be right or wrong.
"If the coercion be committed in violation of the exercise of the
right of suffrage, or for the purpose of compelling another to perform
any religious act, or to prevent him from exercising such right or from
so doing such act, the penalty next higher in degree shall be imposed."
SECTION 73. Article 287 of the same Act is hereby amended to read
as follows:
"ART. 287. Light coercions. Any person who, by means of
violence, shall seize anything 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
value of the thing, but in no case less than Fifteen thousand pesos
(P15,000).
"Any other coercions or unjust vexations shall be punished
by arresto menor or a fine ranging from One thousand pesos (P1,000)
to not more than Forty thousand pesos (P40,000), or both." acEHCD

SECTION 74. Article 288 of the same Act is hereby amended to read
as follows:
"ART. 288. Other similar coercions; (Compulsory purchase of
merchandise and payment of wages by means of tokens). The
penalty of arresto mayor or a fine ranging from Forty thousand pesos
(P40,000) to One hundred thousand pesos (P100,000), or 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 employee employed by him or by such
firm or corporation to be forced or compelled, to purchase merchandise
or commodities of any kind.
"The same penalties shall be imposed upon any person who
shall pay the wages due a laborer or employee employed by him, by
means of tokens or objects other than the legal tender currency of the
Philippines, unless expressly requested by the laborer or employee."
SECTION 75. Article 289 of the same Act is hereby amended to read
as follows:
"ART. 289. Formation, maintenance and prohibition of
combination of capital or labor through violence or threats. The
penalty of arresto mayorand a fine not exceeding Sixty thousand pesos
(P60,000) shall be imposed upon any person who, for the purpose of
organizing, maintaining or preventing coalitions of capital or labor,
strike of laborers or lock-out of employers, shall employ violence or
threats in such a degree as to compel or force the laborers or
employees in the free and legal exercise of their industry or work, if
the act shall not constitute a more serious offense in accordance with
the provisions of this Code."
SECTION 76. Article 290 of the same Act is hereby amended to read
as follows:
"ART. 290. Discovering secrets through seizure of
correspondence. The penalty of prisin correccional in its minimum
and medium periods and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon any private individual who in
order to discover the secrets of another, shall seize his papers or
letters and reveal the contents thereof.
"If the offender shall not reveal such secrets, the penalty shall
be arresto mayor and a fine not exceeding One hundred thousand
pesos (P100,000).
"This provision shall not be applicable to parents, guardians, or
persons entrusted with the custody of minors with respect to the
papers or letters of the children or minors placed under their care or
custody, nor to spouses with respect to the papers or letters of either of
them."
SECTION 77. Article 291 of the same Act is hereby amended to read
as follows:
"ART. 291. Revealing secrets with abuse of office. The
penalty of arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon any manager,
employee or servant who, in such capacity, shall learn the secrets of
his principal or master and shall reveal such secrets."
SECTION 78. Article 292 of the same Act is hereby amended to read
as follows:
"ART. 292. Revelation of industrial secrets. The penalty
of prisin correccional in its minimum and medium periods and a fine
not exceeding One hundred thousand pesos (P100,000) shall be
imposed upon 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 industry of the latter."
SECTION 79. Article 299 of the same Act, as amended
by Republic Act No. 18, is hereby further amended to read as follows:
"ART. 299. Robbery in an inhabited house or public building or
edifice devoted to worship. Any armed person who shall commit
robbery in an inhabited house or public building or edifice devoted to
religious worship, shall be punished by reclusion temporal, if the value
of the property taken shall exceed Fifty thousand pesos (P50,000), and
if
"(a) The malefactors shall enter the house or building in which
the robbery was committed, by any of the following means:
"1. Through an opening not intended for entrance or egress.
"2. By breaking any wall, roof, or floor or breaking any door or
window.
"3. By using false keys, picklocks or similar tools.
"4. By using any fictitious name or pretending the exercise of
public authority.
Or if
"(b) The robbery be committed under any of the following
circumstances:
"1. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle.
"2. By taking such furniture or objects away to be broken or
forced open outside the place of the robbery.
"When the offenders do not carry arms, and the value of the
property taken exceeds Fifty thousand pesos (P50,000), the penalty
next lower in degree shall be imposed.
"The same rule shall be applied when the offenders are armed,
but the value of the property taken does not exceed Fifty thousand
pesos (P50,000).
"When said offenders do not carry arms and the value of the
property taken does not exceed Fifty thousand pesos (P50,000), they
shall suffer the penalty prescribed in the two (2) next preceding
paragraphs, in its minimum period.
"If the robbery be committed in one of the dependencies of an
inhabited house, public building, or building dedicated to religious
worship, the penalties next lower in degree than those prescribed in
this article shall be imposed."
SECTION 80. Article 302 of the same Act, as amended by
Commonwealth Act No. 417, is hereby further amended to read as follows:
"ART. 302. Robbery in an uninhabited place or in a private
building. Any robbery committed in an uninhabited place or in a
building other than those mentioned in the first paragraph of Article
299, if the value of the property taken exceeds Fifty thousand pesos
(P50,000), shall be punished by prisincorreccional in its medium and
maximum periods provided that any of the following circumstances is
present:
"1. If the entrance has been effected through any opening not
intended for entrance or egress.
"2. If any wall, roof, floor or outside door or window has been
broken.
"3. If the entrance has been effected through the use of false
keys, picklocks or other similar tools.
"4. If any door, wardrobe, chest, or any sealed or closed
furniture or receptacle has been broken.
"5. If any closed or sealed receptacle, as mentioned in the
preceding paragraph, has been removed, even if the same be broken
open elsewhere.
"When the value of the property taken does not exceed Fifty
thousand pesos (P50,000), the penalty next lower in degree shall be
imposed.
"In the cases specified in Articles 294, 295, 297, 299, 300, and
302 of this Code, when the property taken is mail matter or large cattle,
the offender shall suffer the penalties next higher in degree than those
provided in said articles."
SECTION 81. Article 309 of the same Act is hereby amended to read
as follows:
"ART. 309. Penalties. Any person guilty of theft shall be
punished by:
"1. The penalty of prisin mayor in its minimum and medium
periods, if the value of the thing stolen is more than One million two
hundred thousand pesos (P1,200,000) but does not exceed Two
million two hundred thousand pesos (P2,200,000); but if the value of
the thing stolen exceeds the latter amount, the penalty shall be the
maximum period of the one prescribed in this paragraph, and one (1)
year for each additional One million pesos (P1,000,000), but the total
of the penalty which may be imposed shall not exceed twenty (20)
years. In such cases, and in connection with the accessory penalties
which may be imposed and for the purpose of the other provisions of
this Code, the penalty shall be termed prisin mayor or reclusion
temporal, as the case may be.
"2. The penalty of prisin correccional in its medium and
maximum periods, if the value of the thing stolen is more than Six
hundred thousand pesos (P600,000) but does not exceed One million
two hundred thousand pesos (P1,200,000). SDHTEC

"3. The penalty of prisin correccional in its minimum and


medium periods, if the value of the property stolen is more than Twenty
thousand pesos (P20,000) but does not exceed Six hundred thousand
pesos (P600,000).
"4. Arresto mayor in its medium period to prisin correccional in
its minimum period, if the value of the property stolen is over Five
thousand pesos (P5,000) but does not exceed Twenty thousand pesos
(P20,000).
"5. Arresto mayor to its full extent, if such value is over Five
hundred pesos (P500) but does not exceed Five thousand pesos
(P5,000).
"6. Arresto mayor in its minimum and medium periods, if such
value does not exceed Five hundred pesos (P500).
"7. Arresto menor or a fine not exceeding Twenty thousand
pesos (P20,000), if the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding article and the value
of the thing stolen does not exceed Five hundred pesos (P500). If such
value exceeds said amount, the provisions of any of the five preceding
subdivisions shall be made applicable.
"8. Arresto menor in its minimum period or a fine of not
exceeding Five thousand pesos (P5,000), when the value of the thing
stolen is not over Five hundred pesos (P500), and the offender shall
have acted under the impulse of hunger, poverty, or the difficulty of
earning a livelihood for the support of himself or his family."
SECTION 82. Article 311 of the same Act is hereby amended to read
as follows:
"ART. 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 Forty thousand pesos (P40,000) to One
hundred thousand pesos (P100,000), or both, unless a higher penalty
should be provided under other provisions of this Code, in which case,
the offender shall be punished by such higher penalty."
SECTION 83. Article 312 of the same Act is hereby amended to read
as follows:
"ART. 312. Occupation of real property or usurpation of real
rights in property. Any person who, by means of violence against or
intimidation of persons, shall take possession of any real property or
shall usurp any real rights in property belonging to another, in addition
to the penalty incurred for the actsof violence executed by him, shall be
punished by a fine from fifty (50) to one hundred (100) per centum of
the gain which he shall have obtained, but not less than Fifteen
thousand pesos (P15,000).
"If the value of the gain cannot be ascertained, a fine from Forty
thousand pesos (P40,000) to One hundred thousand pesos
(P100,000) shall be imposed."
SECTION 84. Article 313 of the same Act is hereby amended to read
as follows:
"ART. 313. Altering boundaries or landmarks. Any person
who shall alter the boundary marks or monuments of towns, provinces,
or estates, or any other marks intended to designate the boundaries of
the same, shall be punished by arresto menor or a fine not exceeding
Twenty thousand pesos (P20,000), or both."
SECTION 85. Article 315 of the same Act, as amended
by Republic Act No. 4885, Presidential Decree No. 1689, and Presidential
Decree No. 818, is hereby further amended to read as follows:
"ART. 315. Swindling (estafa). Any person who shall defraud
another by any of the means mentioned hereinbelow shall be punished
by:
"1st. The penalty of prisin correccional in its maximum period
to prisin mayor in its minimum period, if the amount of the fraud is
over Two million four hundred thousand pesos (P2,400,000) but does
not exceed Four million four hundred thousand pesos (P4,400,000),
and if such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year
for each additional Two million pesos (P2,000,000); 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 and for the purpose of the other provisions of this Code, the
penalty shall be termed prisin mayor or reclusion temporal, as the
case may be.
"2nd. The penalty of prisin correccional in its minimum and
medium periods, if the amount of the fraud is over One million two
hundred thousand pesos (P1,200,000) but does not exceed Two
million four hundred thousand pesos (P2,400,000).
"3rd. The penalty of arresto mayor in its maximum period
to prisin correccional in its minimum period, if such amount is over
Forty thousand pesos (P40,000) but does not exceed One million two
hundred thousand pesos (P1,200,000).
"4th. By arresto mayor in its medium and maximum periods, if
such amount does not exceed Forty thousand pesos
(P40,000): Provided, That in the four cases mentioned, the fraud be
committed by any of the following means:
"1. With unfaithfulness or abuse of confidence, namely:
"(a) By altering the substance, quantity, or quality of anything of
value which the offender shall deliver by virtue of an obligation to do
so, even though such obligation be based on an immoral or illegal
consideration.
"(b) By misappropriating or converting, to the prejudice of
another, money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under any
other obligation involving the duty to make delivery of or to return the
same, even though such obligation be totally partially guaranteed by a
bond; or by denying having received such money, goods, or other
property.
"(c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such signature in
blank, to the prejudice of the offended party or any third person.
"2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
"(a) By using fictitious name, or falsely pretending to possess
power, influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.
"(b) By altering the quality, fineness or weight of anything
pertaining to his art or business.
"(c) By pretending to have bribed any Government employee,
without prejudice to the action for calumny which the offended party
may deem proper to bring against the offender. In this case, the
offender shall be punished by the maximum period of the penalty.
"(d) By postdating a check, or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his funds
deposited therein were not sufficient to cover the amount of the check.
The failure of the drawer of the check to deposit the amount necessary
to cover his check within three (3) days from receipt of notice from the
bank and/or the payee or holder that said check has been dishonored
for lack or insufficiency of funds shall be prima facieevidence of deceit
constituting false pretense or fraudulent act.
"Any person who shall defraud another by means of false
pretenses or fraudulent acts as defined in paragraph 2(d) hereof shall
be punished by:
"1st. The penalty of reclusion temporal in its maximum period, if
the amount of fraud is over Four million four hundred thousand pesos
(P4,400,000) but does not exceed Eight million eight hundred
thousand pesos (P8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua.
"2nd. The penalty of reclusion temporal in its minimum and
medium periods, if the amount of the fraud is over Two million four
hundred thousand pesos (P2,400,000) but does not exceed Four
million four hundred thousand pesos (P4,400,000).
"3rd. The penalty of prisin mayor in its maximum period, if the
amount of the fraud is over One million two hundred thousand pesos
(P1,200,000) but does not exceed Two million four hundred thousand
pesos (P2,400,000).
"4th. The penalty of prisin mayor in its medium period, if such
amount is over Forty thousand pesos (P40,000) but does not exceed
One million two hundred thousand pesos (P1,200,000).
"5th. By prisin mayor in its minimum period, if such amount
does not exceed Forty thousand pesos (P40,000). AScHCD

"3. Through any of the following fraudulent means:


"(a) By inducing another, by means of deceit, to sign any
document.
"(b) By resorting to some fraudulent practice to insure success
in a gambling game.
"(c) By removing, concealing or destroying, in whole or in part,
any court record, office files, document or any other papers."
SECTION 86. Article 318 of the same Act is hereby amended to read
as follows:
"ART. 318. Other deceits. The penalty of arresto mayor and a
fine of not less than the amount of the damage caused and not more
than twice such amount shall be imposed upon any person who shall
defraud or damage another by any other deceit not mentioned in the
preceding articles of this Chapter.
"Any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the public
in any other similar manner, shall suffer the penalty of arresto mayor or
a fine not exceeding Forty thousand pesos (P40,000)."
SECTION 87. Article 328 of the same Act is hereby amended to read
as follows:
"ART. 328. Special cases of malicious mischief. Any person
who shall cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive substance; or spreading
any infection or contagion among cattle; or who causes damage to the
property of the National Museum or National Library, or to any archive
or registry, waterworks, road, promenade, or any other thing used in
common by the public, shall be punished:
"1. By prisin correccional in its minimum and medium periods,
if the value of the damage caused exceeds Two hundred thousand
pesos (P200,000);
"2. By arresto mayor, if such value does not exceed the
abovementioned amount but is over Forty thousand pesos (P40,000);
and
"3. By arresto menor, if such value does not exceed Forty
thousand pesos (P40,000)."
SECTION 88. Article 329 of the same Act, as amended by
Commonwealth Act No. 3999, is hereby further amended to read as follows:
"ART. 329. Other mischiefs. The mischiefs not included in the
next preceding article shall be punished:
"1. By arresto mayor in its medium and maximum periods, if the
value of the damage caused exceeds Two hundred thousand pesos
(P200,000);
"2. By arresto mayor in its minimum and medium periods, if
such value is over Forty thousand pesos (P40,000) but does not
exceed Two hundred thousand pesos (P200,000); and
"3. By arresto menor or a fine of not less than the value of the
damage caused and not more than Forty thousand pesos (P40,000), if
the amount involved does not exceed Forty thousand pesos (P40,000)
or cannot be estimated."
SECTION 89. Article 331 of the same Act is hereby amended to read
as follows:
"ART. 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 prisin 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 Forty thousand pesos
(P40,000), or both such fine and imprisonment, in the discretion of the
court."
SECTION 90. Article 347 of the same Act is hereby amended to read
as follows:
"ART. 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 prisin mayor and a fine of not exceeding Two hundred
thousand pesos (P200,000).
"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 (2) next preceding paragraphs,
shall suffer the penalties therein prescribed and also the penalty of
temporary special disqualification."
SECTION 91. Article 355 of the same Act is hereby amended to read
as follows:
"ART. 355. Libel by means of 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 prisin correccional in its minimum and medium periods or a fine
ranging from Forty thousand pesos (P40,000) to One million two
hundred thousand pesos (P1,200,000), or both, in addition to the civil
action which may be brought by the offended party."
SECTION 92. Article 356 of the same Act is hereby amended to read
as follows:
"ART. 356. Threatening to publish and offer to prevent such
publication for a compensation. The penalty of arresto mayor or a
fine from Forty thousand pesos (P40,000) to Four hundred thousand
pesos (P400,000), or both, shall be imposed upon any person who
threatens another to publish a libel concerning him or the parents,
spouse, child, or other member 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."
SECTION 93. Article 357 of the same Act is hereby amended to read
as follows:
"ART. 357. Prohibited publication of acts referred to in the
course of official proceedings. The penalty of arresto mayor or a fine
of Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both, shall be imposed upon any reporter, editor or
manager of a newspaper, daily or magazine, who shall publish facts
connected with the private life of another and offensive to the honor,
virtue and reputation of said person, even though said publication be
made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such
facts have been mentioned."
SECTION 94. Article 358 of the same Act is hereby amended to read
as follows:
"ART. 358. Slander. Oral defamation shall be punished
by arresto mayor in its maximum period to prisin correccional in its
minimum period if it is of a serious and insulting nature; otherwise the
penalty shall be arresto menor or a fine not exceeding Twenty
thousand pesos (P20,000)."
SECTION 95. Article 359 of the same Act is hereby amended to read
as follows:
"ART. 359. Slander by deed. The penalty of arresto mayor in
its maximum period to prisin correccional in its minimum period or a
fine ranging from Twenty thousand pesos (P20,000) to One hundred
thousand pesos (P100,000) shall be imposed upon any person who
shall perform any act not included and punished in this title, which shall
cast dishonor, discredit or contempt upon another person. If said act is
not of a serious nature, the penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos (P20,000)."
SECTION 96. Article 364 of the same Act is hereby amended to read
as follows:
AcICHD

"ART. 364. Intriguing against honor. The penalty of arresto


menor or fine not exceeding Twenty thousand pesos (P20,000) shall
be imposed for any intrigue which has for its principal purpose to
blemish the honor or reputation of a person."
SECTION 97. Article 365 of the same Act, as amended
by Republic Act No. 1790, is hereby further amended to read as follows:
"ART. 365. Imprudence and negligence. Any person who, by
reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the penalty
of arresto mayor in its maximum period to prisin correccional in its
medium period; if it would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty
of arresto menor in its maximum period shall be imposed.
"Any person who, by simple imprudence or negligence, shall
commit an act which would otherwise constitute a grave felony, shall
suffer the penalty ofarresto mayor in its medium and maximum
periods; if it would have constituted a less serious felony, the penalty
of arresto mayor in its minimum period shall be imposed.
"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 (3) times such value, but which shall in no case
be less than Five thousand pesos (P5,000).
"A fine not exceeding Forty thousand pesos (P40,000) and
censure shall be imposed upon any person, who, by simple
imprudence or negligence, shall cause some wrong which, if done
maliciously, would have constituted a light felony.
"In the imposition of these penalties, the court shall exercise
their sound discretion, without regard to the rules prescribed in Article
64.
"The provisions contained in this article shall not be applicable:
"1. When the penalty provided for the offense is equal to or
lower than those provided in the first two (2) paragraphs of this article,
in which case the court shall impose the penalty next lower in degree
than that which should be imposed in the period which they may deem
proper to apply.
"2. When, by imprudence or negligence and with violation of the
Automobile Law, the death of a person shall be caused, in which case
the defendant shall be punished by prisin correccional in its medium
and maximum periods.
"Reckless imprudence consists in voluntarily, but without malice,
doing or failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person
performing or failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and place.
"Simple imprudence consists in the lack of precaution displayed
in those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest.
"The penalty next higher in degree to those provided for in this
article shall be imposed upon the offender who fails to lend on the spot
to the injured parties such help as may be in his hands to give."
SECTION 98. Separability Clause. Should any provision of
this Act be declared invalid, the remaining provisions shall continue to be valid
and subsisting.
SECTION 99. Repealing Clause. All laws, executive orders, or
administrative orders, rules and regulations or parts thereof, which are
inconsistent with this Act are hereby amended, repealed or modified
accordingly.
SECTION 100. Retroactive Effect. This Act shall have retroactive
effect to the extent that it is favorable to the accused or person serving
sentence by final judgment.
SECTION 101. Transitory Provision; Applicability to Pending Cases.
For cases pending before the courts upon the effectivity of this Act where trial
has already started, the courts hearing such cases shall not lose jurisdiction
over the same by virtue of this Act.
SECTION 102. Effectivity. This Act shall take effect within fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.
Approved: August 29, 2017.
(An Act Adjusting the Amount or the Value of Property and Damage on Which a
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Penalty is Based, and the Fines Imposed under the Revised Penal Code,
Republic Act No. 10951, [August 29, 2017])

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