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Art. 3. Definitions.
Acts and omissions punishable by law are felonies (delitos
)
Felonies are committed not only be means of deceit ( dolo) but also by means of fault
( culpa)
There is deceit when the act is performed with deliberate intent and there is fault when
the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Art. 4. Criminal
liability. Criminal liability shall be incurred:
1. By any person committing a felony
(delito) although the wrongful act done be

different from that which he intended
2. By any person performing an act which would be an offense against persons
or property, were it not for the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual means.
Art. 6. Consummated, frustrated, and attempted felonies. Consummated felonies as

well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts
of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.
There is an attempt when the offender commences the commission of a felony directly
by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than this own
spontaneous desistance.
Art. 8. Conspiracy and proposal
to commit felony. Conspiracy and proposal to

commit felony are punishable only in the cases in which the law specially provides a
penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.
Art. 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
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Second. Reasonable necessity of the means employed to prevent or repel

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

himself.
4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
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5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
6. Any person who acts in obedience to an order issued by a superior for some
lawful purpose.
Art. 14. Aggravating circumstances. The following are aggravating circumstances:

13. That the act be committed with evident premeditation.
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Evident premeditation: premeditation to kill must be plain, notorious and

sufficiently proven by evidence of outward acts showing the intent to kill.
16. That the act be committed with treachery (alevosia).
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There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.
Art. 17. Principals. The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.
Art. 18. Accomplices. Accomplices are those persons who, not being included in Art.
17, cooperate in the execution of the offense by previous or simultaneous acts.
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Art. 19. Accessories. Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either as principals or
accomplices, take part subsequent to its commission in any of the following manners:
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1. By profiting themselves or assisting the offender to profit by the effects of the

crime.
2. By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the
crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be habitually guilty
of some other crime.
Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, the same to be applied
in its maximum period.
Rary
Enumeration
Justifying Circumstances
(1) self-defense;
(2) defense of relatives;
(3) defense of a stranger;
(4) avoidance of greater evil or injury;
(5) fulfillment of duty or lawful exercise of right or office, and;
(6) obedience to an order issued for some lawful purpose.
Mitigating Circumstances
1.
2.
3.
4.
5.
INCOMPLETE JUSTIFYING OR EXEMPTING CIRUMSTANCES

UNDER 18 OR OVER 70 YEARS OLD
NO INTENTION TO COMMIT SO GRAVE A WRONG (Praeter Intentionem)
PROVOCATION OR THREAT
IMMEDIATE VINDICATION OF RELATIVES OR HIMSELF or VINDICATION OF
GRAVE OFFENSE
6. PASSION OR OBFUSCATION
7. SURRENDER AND CONFESSION OF GUILT
8. PHYSICAL DEFECT OF THE OFFENDER
9. ILLNESS OF THE OFFENDER
10. SIMILAR ANALOGOUS CIRCUMSTANCES
Aggravating Circumstances
Article 15. Their concept. - Alternative circumstances are those which must be taken
into consideration as aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating
circumstances when the offender has committed a felony in a state of intoxication, if the
same is not habitual or subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance.
Article 25. Penalties which may be imposed. - The penalties which may be imposed
according to this Code, and their different classes, are those included in the following:
Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace.
Accessory Penalties
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or
calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years, unless such person by reason of
his conduct or some other serious cause shall be considered by the Chief Executive as
unworthy of pardon.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and
one day to twenty years.
Prision mayor and temporary disqualification. - The duration of the penalties of prision
mayor and temporary disqualification shall be from six years and one day to twelve
years, except when the penalty of disqualification is imposed as an accessory penalty,
in which case its duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. - The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six
years, except when suspension is imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month
and one day to six months.
Arresto menor. - The duration of the penalty of arresto menor shall be from one day to
thirty days.
Bond to keep the peace. - The bond to keep the peace shall be required to cover such
period of time as the court may determine.

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Art. 3. Definitions.

Acts and omissions punishable by law are felonies (delitos

(delito) although the wrongful act done be

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

Art. 8. Conspiracy and proposal

to commit felony. Conspiracy and proposal to

First. Unlawful aggression.

chanrobles virtual law library

Second. Reasonable necessity of the means employed to prevent or repel

chanrobles virtual law library

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

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virtual law library

chanrobles virtual law library

chanrobles virtual law library

Art. 14. Aggravating circumstances. The following are aggravating circumstances:

Evident premeditation: premeditation to kill must be plain, notorious and

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

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chanrobles virtual law library

INCOMPLETE JUSTIFYING OR EXEMPTING CIRUMSTANCES

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