Crim 1-20
Crim 1-20
Crim 1-20
General Provisions Regarding the Date of Enforcement and Application of the Provisions of this
Code, and Regarding the Offenses, the Persons Liable and the Penalties
PRELIMINARY TITLE
ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect on the first day of
ARTICLE 2. Application of Its Provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
3. Should be liable for acts connected with the introduction into these islands of the obligations
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One
LIABILITY
Chapter One
FELONIES
ARTICLE 3. Denition. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by 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.
ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from
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 on account of the employment
ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be repressed but Which
Whenever a court has knowledge of any act which it may deem proper to repress and which is
not punishable by law, it shall render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which induce the court to believe that
In the same way the court shall submit to the Chief Executive, through the Department of
Justice, such statement as may be deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this Code would result in the imposition
of a clearly excessive penalty, taking into consideration the degree of malice and the injury
A felony is consummated when all the elements necessary for its execution and
It is frustrated when the offender performs all the acts of execution which would produce the
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
ARTICLE 7. When Light Felonies are Punishable. — Light felonies are punishable only when
they have been consummated, with the exception of those committed against person or
property.
ARTICLE 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
ARTICLE 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
Less grave felonies are those which the law punishes with penalties which in their maximum
Light felonies are those infractions of law for the commission of which the penalty of arresto
ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — Offenses which are or in
the future may be punishable under special laws are not subject to the provisions of this Code.
This Code shall be supplementary to such laws, unless the latter should specially provide the
contrary.
CHAPTER TWO
ARTICLE 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:
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
affinity in the same degrees, and those by consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the provocation was given by
the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the
first and second requisites mentioned in the first circumstance of this article are present
and that the person defending be not induced by revenge, resentment, or other evil
motive.
4. Any person who, in order to avoid an evil or injury, does an act which causes damage
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.
ARTICLE 12. Circumstances Which Exempt from Criminal Liability. — The following are exempt
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
When such minor is adjudged to be criminally irresponsible, the court, in conformity with
the provisions of this and the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance and education;
4. Any person who, while performing a lawful act with due care, causes an injury by
greater injury.
7. Any person who fails to perform an act required by law, when prevented by some
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify
the act or to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen years of age or over seventy years. In the case of
the minor, he shall be proceeded against in accordance with the provisions of article 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural,
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
which thus restricts his means of action, defense, or communication with his fellow
beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
10. And, finally, any other circumstance of a similar nature and analogous to those
above mentioned.
CHAPTER FOUR
2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due to the offended
party on account of his rank, age, or sex, or that it be committed in the dwelling of the
5. That the crime be committed in the palace of the Chief Executive, or in his presence,
or where public authorities are engaged in the discharge of their duties, or in a place
band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the
afford impunity.
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.
10. That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
12. That the crime be committed by means of inundation, fire, poison, explosion,
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
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
17. That means be employed or circumstances brought about which add ignominy to the
There is an unlawful entry when an entrance is effected by a way not intended for the
purpose.
19. That as a means to the commission of a crime a wall, roof, floor, door, or window be
broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by
21. That the wrong done in the commission of the crime be deliberately augmented by
Alternative 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
The alternative circumstance of relationship shall be taken into consideration when the offended
party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
The intoxication of the offender shall be taken into consideration as a mitigating circumstance
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
ARTICLE 16. Who are Criminally Liable. — The following are criminally liable for grave and less
grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
1. Principals.
2. Accomplices.
3. Those who cooperate in the commission of the offense by another act without which it would
ARTICLE 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
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
3. By harboring, concealing, or assisting in the escape of the principal 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
ARTICLE 20. Accessories Who are Exempt from Criminal Liability. — The penalties prescribed
for accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by
anity within the same degrees, with the single exception of accessories falling within the
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
3. By harboring, concealing, or assisting in the escape of the principal 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