Title One CRIMES AGAINST NATIONAL SECURITY 2.

By prision mayor, if such correspondence be carried on in

AND THE LAW OF NATIONS ciphers or conventional signs; and

Chapter One CRIMES AGAINST NATIONAL 3. By reclusion temporal, if notice or information be given
SECURITY thereby which might be useful to the enemy. If the offender
intended to aid the enemy by giving such notice or
Section One. - Treason and espionage information, he shall suffer the penalty of reclusion temporal
to death.
Article 114. Treason. - Any Filipino citizen who levies war
against the Philippines or adheres to her enemies, giving them Article 121. Flight to enemy country. - The penalty of arresto
aid or comfort within the Philippines or elsewhere, shall be mayor shall be inflicted upon any person who, owing
punished by reclusion perpetua to death and shall pay a fine allegiance to the Government, attempts to flee or go to an
not to exceed Four million pesos (P4,000,000). enemy country when prohibited by competent authority.

No person shall be convicted of treason unless on the Section Three. - Piracy and mutiny on the high seas or in
testimony of two witnesses at least to the same overt act or on Philippine waters
confession of the accused in open court.
Article 122. Piracy in general and mutiny on the high seas. -
Likewise, an alien, residing in the Philippines, who commits The penalty of reclusion perpetua shall be inflicted upon any
acts of treason as defined in paragraph 1 of this Article shall person who, on the high seas, or in Philippine waters, shall
be punished by reclusion temporal to death and shall pay a attack or seize a vessel or, not being a member of its
fine not to exceed Four million pesos (P4,000,000). (As complement nor a passenger, shall seize the whole or part of
amended by E.O. No. 44, May 31, 1945; RA No 7659, the cargo of said vessel, its equipment, or personal belongings
December 13, 1993, Republic Act No. 10951, [August 29, of its complements or passengers.
2017]).
The same penalty shall be inflicted in case of mutiny on the
Article 115. Conspiracy and proposal to commit treason; high seas or in Philippine waters. (as amended by Republic
Penalty. - The conspiracy or proposal to commit the crime of Act No. 7659, [December 13, 1993])
treason shall be punished respectively, by prision mayor and a
fine not exceeding Two million pesos (P2,000,000), Article 123. Qualified piracy. - The penalty of reclusion
and prision correccional and a fine not exceeding One million perpetua to death shall be imposed upon those who commit
pesos (P1,000,000). any of the crimes referred to in the preceding article, under
any of the following circumstances:
Article 116. Misprision of treason. - Every person owing
allegiance to (the United States) the Government of the 1. Whenever they have seized a vessel by boarding or firing
Philippine Islands, without being a foreigner, and having upon the same;
knowledge of any conspiracy against them, conceals or does
not disclose and make known the same, as soon as possible to 2. Whenever the pirates have abandoned their victims without
the governor or fiscal of the province, or the mayor or fiscal of means of saving themselves; or
the city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason. 3. Whenever the crime is accompanied by murder, homicide,
physical injuries or rape.
Article 117. Espionage. - The penalty of prision correccional
shall be inflicted upon any person who: (as amended by Republic Act No. 7659, [December 13, 1993])

1. Without authority therefor, enters a warship, fort, or naval

or military establishment or reservation to obtain any
Title Two CRIMES AGAINST THE FUNDAMENTAL
information, plans, photographs, or other data of a confidential
LAWS OF THE STATE
nature relative to the defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, Chapter One ARBITRARY DETENTION OR
of the articles, data, or information referred to in the preceding EXPULSION, VIOLATION OF DWELLING,
paragraph, discloses their contents to a representative of a PROHIBITION, INTERRUPTION, AND DISSOLUTION
foreign nation. OF PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP
The penalty next higher in degree shall be imposed if the
offender be a public officer or employee. Section One. - Arbitrary detention and expulsion

Section Two. - Provoking war and disloyalty in case of war Article 124. Arbitrary detention. - Any public officer or
employee who, without legal grounds, detains a person, shall
Article 118. Inciting to war or giving motives for reprisals. - suffer;
The penalty of reclusion temporal shall be imposed upon any
public officer or employee, and that of prision mayor upon any 1. The penalty of arresto mayor in its maximum period to
private individual, who, by unlawful or unauthorized acts prision correccional in its minimum period, if the detention
provokes or gives occasion for a war involving or liable to has not exceeded three days;
involve the Philippine Islands or exposes Filipino citizens to
reprisals on their persons or property. 2. The penalty of prision correccional in its medium and
maximum periods, if the detention has continued more than
Article 119. Violation of neutrality. - The penalty of prision three but not more than fifteen days;
correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not involved, 3. The penalty of prision mayor, if the detention has continued
violates any regulation issued by competent authority for the for more than fifteen days but not more than six months; and
purpose of enforcing neutrality.
4. That of reclusion temporal, if the detention shall have
Article 120. Correspondence with hostile country. - Any exceeded six months.
person who in time of war, shall have correspondence with an
The commission of a crime, or violent insanity or any other
enemy country or territory occupied by enemy troops shall be
ailment requiring the compulsory confinement of the patient in
punished:
a hospital, shall be considered legal grounds for the detention
1. By prision correccional, if the correspondence has been of any person.
prohibited by the Government;
 The same penalty shall be imposed upon a public officer or
employee who shall hinder any person from joining any lawful
Article 125. Delay in the delivery of detained persons to the association or from attending any of its meetings.
proper judicial authorities. - The penalties provided in the
next preceding article shall be imposed upon the public officer The same penalty shall be imposed upon any public officer or
or employee who shall detain any person for some legal employee who shall prohibit or hinder any person from
ground and shall fail to deliver such person to the proper addressing, either alone or together with others, any petition to
judicial authorities within the period of; twelve (12) hours, for the authorities for the correction of abuses or redress of
crimes or offenses punishable by light penalties, or their grievances.
equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent and Section Four. - Crimes against religious worship
thirty-six (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent. In every Article 132. Interruption of religious worship. - The penalty
case, the person detained shall be informed of the cause of his of prision correccional in its minimum period shall be imposed
detention and shall be allowed upon his request, to upon any public officer or employee who shall prevent or
communicate and confer at any time with his attorney or disturb the ceremonies or manifestations of any religion.
counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986
and July 25, 1987, respectively). If the crime shall have been committed with violence or
threats, the penalty shall be prision correccional in its medium
Article 126. Delaying release. - The penalties provided for in and maximum periods.
Article 124 shall be imposed upon any public officer or
employee who delays for the period of time specified therein Article 133. Offending the religious feelings. - The penalty
the performance of any judicial or executive order for the of arresto mayor in its maximum period to prision
release of a prisoner or detention prisoner, or unduly delays correccional in its minimum period shall be imposed upon
the service of the notice of such order to said prisoner or the anyone who, in a place devoted to religious worship or during
proceedings upon any petition for the liberation of such the celebration of any religious ceremony shall perform acts
person. notoriously offensive to the feelings of the faithful.

Article 127. Expulsion. - The penalty of prision correccional Chapter One REBELLION, SEDITION AND
shall be imposed upon any public officer or employee who, DISLOYALTY
not being thereunto authorized by law, shall expel any person
from the Philippine Islands or shall compel such person to Article 134. Rebellion or insurrection; How committed. - The
change his residence. crime of rebellion or insurrection is committed by rising
publicly and taking arms against the Government for the
Section Two. - Violation of domicile purpose of removing from the allegiance to said Government
or its laws, the territory of the Philippine Islands or any part
Article 128. Violation of domicile. - The penalty of prision thereof, of any body of land, naval or other armed forces,
correccional in its minimum period shall be imposed upon any depriving the Chief Executive or the Legislature, wholly or
public officer or employee who, not being authorized by partially, of any of their powers or prerogatives. (As amended
judicial order, shall enter any dwelling against the will of the by R.A. 6968).
owner thereof, search papers or other effects found therein
without the previous consent of such owner, or having Article 134-A. Coup d'etat; How committed. - The crime of
surreptitiously entered said dwelling, and being required to coup d'etat is a swift attack accompanied by violence,
leave the premises, shall refuse to do so. intimidation, threat, strategy or stealth, directed against duly
constituted authorities of the Republic of the Philippines, or
If the offense be committed in the night-time, or if any papers any military camp or installation, communications network,
or effects not constituting evidence of a crime be not returned public utilities or other facilities needed for the exercise and
immediately after the search made by the offender, the penalty continued possession of power, singly or simultaneously
shall be prision correccional in its medium and maximum carried out anywhere in the Philippines by any person or
periods. persons, belonging to the military or police or holding any
public office of employment with or without civilian support
Article 129. Search warrants maliciously obtained and abuse or participation for the purpose of seizing or diminishing state
in the service of those legally obtained. - In addition to the power. (As amended by R.A. 6968).
liability attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its maximum Article 135. Penalty for rebellion, insurrection or coup
period to prision correccional in its minimum period and a fine d'etat. - Any person who promotes, maintains, or heads
not exceeding Two hundred thousand pesos (P200,000) shall rebellion or insurrection shall suffer the penalty of reclusion
be imposed upon any public officer or employee who shall perpetua.
procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use Any person merely participating or executing the commands
unnecessary severity in executing the same. of others in a rebellion shall suffer the penalty of reclusion
temporal.
Article 130. Searching domicile without witnesses. - The
penalty of arresto mayor in its medium and maximum periods Any person who leads or in any manner directs or commands
shall be imposed upon a public officer or employee who, in others to undertake a coup d'etat shall suffer the penalty of
cases where a search is proper, shall search the domicile, reclusion perpetua.
papers or other belongings of any person, in the absence of the
latter, any member of his family, or in their default, without Any person in the government service who participates, or
the presence of two witnesses residing in the same locality. executes directions or commands of others in undertaking a
coup d'etat shall suffer the penalty of prision mayor in its
Section Three. - Prohibition, interruption and dissolution of maximum period.
peaceful meetings
Any person not in the government service who participates, or
Article 131. Prohibition, interruption and dissolution of in any manner supports, finances, abets or aids in undertaking
peaceful meetings. - The penalty of prision correccional in its a coup d'etat shall suffer the penalty of reclusion temporal in
minimum period shall be imposed upon any public officer or its maximum period.
employee who, without legal ground, shall prohibit or
interrupt the holding of a peaceful meeting, or shall dissolve When the rebellion, insurrection, or coup d'etat shall be under
the same. the command of unknown leaders, any person who in fact
directed the others, spoke for them, signed receipts and other
documents issued in their name, as performed similar acts, on
behalf or the rebels shall be deemed a leader of such a crime of sedition, should incite others to the accomplishment
rebellion, insurrection, or coup d'etat. (As amended by R.A. of any of the acts which constitute sedition, by means of
6968, approved on October 24, 1990). 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
Article 136. Conspiracy and proposal to commit coup d'etat, the Government, or any of the duly constituted authorities
rebellion or insurrection. - The conspiracy and proposal to thereof, or which tend to disturb or obstruct any lawful officer
commit coup d'etat shall be punished by prision mayor in in executing the functions of his office, or which tend to
minimum period and a fine which shall not exceed One instigate others to cabal and meet together for unlawful
million pesos (P1,000,000) purposes, or which suggest or incite rebellious conspiracies or
riots, or which lead or tend to stir up the people against the
The conspiracy and proposal to commit rebellion or lawful authorities or to disturb the peace of the community,
insurrection shall be punished respectively, by prision the safety and order of the Government, or who shall
correccional in its maximum period and a fine which shall not knowingly conceal such evil practices. (Reinstated by E.O.
exceed One million pesos (P1,000,000) and by prision No. 187, amended by Republic Act No. 10951, [August 29,
correccional in its medium period and a fine not exceeding 2017]).
Four hundred thousand pesos (P400,000). (As amended by
R.A. 6968, approved October 24, 1990). Chapter Two CRIMES AGAINST POPULAR
REPRESENTATION
Article 137. Disloyalty of public officers or employees. - The
penalty of prision correccional in its minimum period shall be Section One. - Crimes against legislative bodies and similar
imposed upon public officers or employees who have failed to bodies
resist a rebellion by all the means in their power, or shall
continue to discharge the duties of their offices under the Article 143. Act tending to prevent the meeting of Congress
control of the rebels or shall accept appointment to office and similar bodies. - The penalty of prisión correccional or a
under them. (Reinstated by E.O. No. 187). fine ranging from Forty thousand pesos (P40,000) to Four
hundred thousand pesos (P400,000), or both, shall be imposed
Article 138. Inciting a rebellion or insurrection. - The penalty upon any person who, by force or fraud, prevents the meeting
of prision mayor in its minimum period shall be imposed upon of Congress or of any of its committees or subcommittees,
any person who, without taking arms or being in open hostility Constitutional Commissions or committees or divisions
against the Government, shall incite others to the execution of thereof, or of any provincial board or city or municipal council
any of the acts specified in article 134 of this Code, by means or board. (Reinstated by E.O. No. 187, amended by Republic
of speeches, proclamations, writings, emblems, banners or Act No. 10951, [August 29, 2017]).
other representations tending to the same end. (Reinstated by
E.O. No. 187). Article 144. Disturbance of proceedings. - The penalty
of arresto mayor or a fine from Forty thousand pesos
Article 139. Sedition; How committed. - The crime of sedition (P40,000) to Two hundred thousand pesos (P200,000) shall be
is committed by persons who rise publicly and tumultuously in imposed upon any person who disturbs the meetings of
order to attain by force, intimidation, or by other means Congress or of any of its committees or subcommittees,
outside of legal methods, any of the following objects: Constitutional Commissions or committees or divisions
thereof, or of any provincial board or city or municipal council
1. To prevent the promulgation or execution of any law or the or board, or in the presence of any such bodies should behave
holding of any popular election; in such manner as to interrupt its proceedings or to impair the
respect due it. (Reinstated by E.O. No. 187, Republic Act No.
2. To prevent the National Government, or any provincial or 10951, [August 29, 2017]).
municipal government or any public officer thereof from
freely exercising its or his functions, or prevent the execution Section Two. - Violation of parliamentary immunity
of any administrative order;
Article 145. Violation of parliamentary immunity. - The
3. To inflict any act of hate or revenge upon the person or penalty of prision mayor shall be imposed upon any person
property of any public officer or employee; who shall use force, intimidation, threats, or fraud to prevent
any member of the National Assembly (Congress of the
4. To commit, for any political or social end, any act of hate or Philippines) from attending the meetings of the Assembly
revenge against private persons or any social class; and (Congress) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof,
5. To despoil, for any political or social end, any person, from expressing his opinions or casting his vote; and the
municipality or province, or the National Government (or the penalty of prision correccional shall be imposed upon any
Government of the United States), of all its property or any public officer or employee who shall, while the Assembly
part thereof. (Congress) is in regular or special session, arrest or search any
member thereof, except in case such member has committed a
Article 140. Penalty for sedition. - The leader of a sedition crime punishable under this Code by a penalty higher than
shall suffer the penalty of prision mayor in its minimum prision mayor.
period and a fine not exceeding Two million pesos
(P2,000,000) Chapter Three ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
Other persons participating therein shall suffer the penalty
of prision correccional in its maximum period and a fine not Article 146. Illegal assemblies. - The penalty of prision
exceeding One million pesos (P1,000,000). (Reinstated by correccional in its maximum period to prision mayor in its
E.O. No. 187). medium period shall be imposed upon the organizers or
leaders of any meeting attended by armed persons for the
Article 141. Conspiracy to commit sedition. - Persons purpose of committing any of the crimes punishable under this
conspiring to commit the crime of sedition shall be punished Code, or of any meeting in which the audience is incited to the
by prision correccional in its medium period and a fine not commission of the crime of treason, rebellion or insurrection,
exceeding Four hundred thousand pesos (P400,000). sedition or assault upon a person in authority or his agents.
(Reinstated by E.O. No. 187). Persons merely present at such meeting shall suffer the penalty
of arresto mayor, unless they are armed, in which case the
Article 142. Inciting to sedition. - The penalty of prision penalty shall be prision correccional.
correccional in its maximum period and a fine not exceeding
Four hundred thousand pesos (P400,000) shall be imposed If any person present at the meeting carries an unlicensed
upon any person who, without taking any direct part in the firearm, it shall be presumed that the purpose of said meeting,
insofar as he is concerned, is to commit acts punishable under ranging from Two thousand pesos (P2,000) to Twenty
this Code, and he shall be considered a leader or organizer of thousand pesos (P20,000) shall be imposed upon the offender.
the meeting within the purview of the preceding paragraph.
Article 152. Persons in authority and agents of persons in
As used in this article, the word "meeting" shall be understood authority; Who shall be deemed as such. - In applying the
to include a gathering or group, whether in a fixed place or provisions of the preceding and other articles of this Code, any
moving. (Reinstated by E.O. No. 187). person directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental
Article 147. Illegal associations. - The penalty of prision corporation, board, or commission, shall be deemed a person
correccional in its minimum and medium periods and a fine in authority. A barrio captain and a barangay chairman shall
not exceeding Two hundred thousand pesos (P200,000) shall also be deemed a person in authority.
be imposed upon the founders, directors, and presidents of
associations totally or partially organized for the purpose of A person who, by direct provision of law or by election or by
committing any of the crimes punishable under this Code or appointment by competent authority, is charged with the
for some purpose contrary to public morals. Mere members of maintenance of public order and the protection and security of
said associations shall suffer the penalty of arresto mayor. life and property, such as a barrio councilman, barrio
(Reinstated by E.O. No. 187). policeman and barangay leader and any person who comes to
the aid of persons in authority, shall be deemed an agent of a
Chapter Four ASSAULT UPON, AND RESISTANCE person in authority.
AND DISOBEDIENCE TO, PERSONS IN AUTHORITY
AND THEIR AGENTS In applying the provisions of Articles 148 and 151 of this
Code, teachers, professors and persons charged with the
Article 148. Direct assaults. - Any person or persons who, supervision of public or duly recognized private schools,
without a public uprising, shall employ force or intimidation colleges and universities, and lawyers in the actual
for the attainment of any of the purpose enumerated in performance of their professional duties or on the occasion of
defining the crimes of rebellion and sedition, or shall attack, such performance, shall be deemed persons in authority. (As
employ force, or seriously intimidate or resist any person in amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa
authority or any of his agents, while engaged in the Blg. 873, June 12, 1985).
performance of official duties, or on occasion of such
performance, shall suffer the penalty of prision correccional in Chapter Five PUBLIC DISORDERS
its medium and maximum periods and a fine not exceeding
Two hundred thousand pesos (P200,000), when the assault is Article 153. Tumults and other disturbance of public orders;
committed with a weapon or when the offender is a public Tumultuous disturbance or interruption liable to cause
officer or employee, or when the offender lays hands upon a disturbance. - The penalty of arresto mayor in its medium
person in authority. If none of these circumstances be present, period to prision correccional in its minimum period and a fine
the penalty of prision correccional in its minimum period and not exceeding Two hundred thousand pesos (P200,000) shall
a fine not exceeding One hundred thousand pesos (P100,000) be imposed upon any person who shall cause any serious
shall be imposed. disturbance in a public place, office, or establishment, or shall
interrupt or disturb public performances, functions or
Article 149. Indirect assaults. - The penalty of prision gatherings, or peaceful meetings, if the act is not included in
correccional in its minimum and medium periods and a fine the provisions of Articles 131 and 132.
not exceeding One hundred thousand pesos (P100,000) shall
be imposed upon any person who shall make use of force or The penalty next higher in degree shall be imposed upon
intimidation upon any person coming to the aid of the persons causing any disturbance or interruption of a
authorities or their agents on occasion of the commission of tumultuous character.
any of the crimes defined in the next preceding article.
The disturbance or interruption shall be deemed to be
Article 150. Disobedience to summons issued by the National tumultuous if caused by more than three persons who are
Assembly, its committees or subcommittees, by the armed or provided with means of violence.
Constitutional Commissions, its committees, subcommittees or
divisions. - The penalty of arresto mayor or a fine ranging The penalty of arresto mayor shall be imposed upon any
from Forty thousand pesos (P40,000) to Two hundred person who in any meeting, association, or public place, shall
thousand pesos (P200,000), or both such fine and make any outcry tending to incite rebellion or sedition or in
imprisonment shall be imposed upon any person who, having such place shall display placards or emblems which provoke a
been duly summoned to attend as a witness before Congress, disturbance of the public order.
its special or standing committees and subcommittees, the
Constitutional Commissions and its committees, The penalty of arresto menor and a fine not to exceed Forty
subcommittees, or divisions, or before any commission or thousand pesos (P40,000) shall be imposed upon these persons
committee chairman or member authorized to summon who in violation of the provisions contained in the last clause
witnesses, refuses, without legal excuse, to obey such of Article 85, shall bury with pomp the body of a person who
summons, or being present before any such legislative or has been legally executed.
constitutional body or official, refuses to be sworn or placed
under affirmation or to answer any legal inquiry or to produce Article 154. Unlawful use of means of publication and
any books, papers, documents, or records in his possession, unlawful utterances. - The penalty of arresto mayor and a fine
when required by them to do so in the exercise of their ranging from Forty thousand pesos (P40,000) to Two hundred
functions. The same penalty shall be imposed upon any person thousand pesos (P200,000) shall be imposed upon:
who shall restrain another from attending as a witness, or who
shall induce disobedience to a summon or refusal to be sworn 1. Any person who by means of printing, lithography, or any
by any such body or official. other means of publication shall publish or cause to be
published as news any false news which may endanger the
Article 151. Resistance and disobedience to a person in public order, or cause damage to the interest or credit of the
authority or the agents of such person. - The penalty State;
of arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon any person 2. Any person who by the same means, or by words,
who not being included in the provisions of the preceding utterances or speeches shall encourage disobedience to the law
articles shall resist or seriously disobey any person in or to the constituted authorities or praise, justify, or extol any
authority, or the agents of such person, while engaged in the act punished by law;
performance of official duties.
3. Any person who shall maliciously publish or cause to be
When the disobedience to an agent of a person in authority is published any official resolution or document without proper
not of a serious nature, the penalty of arresto menor or a fine authority, or before they have been published officially; or
4. Any person who shall print, publish, or distribute or cause years, the convict shall then suffer the unexpired portion of his
to be printed, published, or distributed books, pamphlets, original sentence.
periodicals, or leaflets which do not bear the real printer's
name, or which are classified as anonymous. Chapter Seven COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE

Article 155. Alarms and scandals. - The penalty of arresto Article 160. Commission of another crime during service of
menor or a fine not exceeding Forty thousand pesos (P40,000) penalty imposed for another offense; Penalty. - Besides the
shall be imposed upon: provisions of Rule 5 of Article 62, any person who shall
commit a felony after having been convicted by final
1. Any person who within any town or public place, shall judgment, before beginning to serve such sentence, or while
discharge any firearm, rocket, firecracker, or other explosives serving the same, shall be punished by the maximum period of
calculated to cause alarm or danger; the penalty prescribed by law for the new felony.

2. Any person who shall instigate or take an active part in any Any convict of the class referred to in this article, who is not a
charivari or other disorderly meeting offensive to another or habitual criminal, shall be pardoned at the age of seventy years
prejudicial to public tranquility; if he shall have already served out his original sentence, or
when he shall complete it after reaching the said age, unless
3. Any person who, while wandering about at night or while by reason of his conduct or other circumstances he shall not be
engaged in any other nocturnal amusements, shall disturb the worthy of such clemency.
public peace; or
Chapter One FORGERIES
4. Any person who, while intoxicated or otherwise, shall cause
any disturbance or scandal in public places, provided that the Section One. - Forging the seal of the Government of the
circumstances of the case shall not make the provisions of Philippine Islands, the signature or stamp of the Chief
Article 153 applicable. Executive.

Article 156. Delivery of prisoners from jails. - The penalty Article 161. Counterfeiting the great seal of the Government
of arresto mayor in its maximum period of prision of the Philippine Islands, forging the signature or stamp of the
correccional in its minimum period shall be imposed upon any Chief Executive. - The penalty of reclusion temporal shall be
person who shall remove from any jail or penal establishment imposed upon any person who shall forge the Great Seal of the
any person confined therein or shall help the escape of such Government of the Philippine Islands or the signature or stamp
person, by means of violence, intimidation, or bribery. If other of the Chief Executive.
means are used, the penalty of arresto mayor shall be
imposed. Article 162. Using forged signature or counterfeit seal or
stamp. - The penalty of prision mayor shall be imposed upon
If the escape of the prisoner shall take place outside of said any person who shall knowingly make use of the counterfeit
establishments by taking the guards by surprise, the same seal or forged signature or stamp mentioned in the preceding
penalties shall be imposed in their minimum period. article.

Chapter Six EVASION OF SERVICE OF SENTENCE Section Two. - Counterfeiting Coins

Article 157. Evasion of service of sentence. - The penalty of Article 163. Making and importing and uttering false coins. -
prision correccional in its medium and maximum periods shall Any person who makes, imports, or utters false coins, in
be imposed upon any convict who shall evade service of his connivance with counterfeiters, or importers, shall suffer:
sentence by escaping during the term of his imprisonment by
reason of final judgment. 1. Prisión correccional in its minimum and medium periods
and a fine not to exceed Four hundred thousand pesos
However, if such evasion or escape shall have taken place by (P400,000), if the counterfeited coins be any of the coinage of
means of unlawful entry, by breaking doors, windows, gates, the Philippines.
walls, roofs, or floors, or by using picklocks, false keys,
deceit, violence or intimidation, or through connivance with 2. Prisión correccional in its minimum period and a fine not
other convicts or employees of the penal institution, the to exceed Two hundred thousand pesos (P200,000), if the
penalty shall be prision correccional in its maximum period. counterfeited coin be currency of a foreign country.

Article 158. Evasion of service of sentence on the occasion of (As amended by R.A. No. 4202, approved June 19, 1965,
disorder, conflagrations, earthquakes, or other calamities. - A Republic Act No. 10951, [August 29, 2017]).
convict who shall evade the service of his sentence, by leaving
the penal institution where he shall have been confined, on the Article 164. Mutilation of coins; Importation and utterance of
occasion of disorder resulting from a conflagration, mutilated coins. - The penalty of prisión correccional in its
earthquake, explosion, or similar catastrophe, or during a minimum period and a fine not to exceed Four hundred
mutiny in which he has not participated, shall suffer an thousand pesos (P400,000) shall be imposed upon any person
increase of one-fifth of the time still remaining to be served who shall mutilate coins of the legal currency of the
under the original sentence, which in no case shall exceed six Philippines or import or utter mutilated current coins, or in
months, if he shall fail to give himself up to the authorities connivance with mutilators or importers. (as amended by
within forty-eight hours following the issuance of a Republic Act No. 10951, [August 29, 2017])
proclamation by the Chief Executive announcing the passing
away of such calamity. Article 165. Selling of false or mutilated coin, without
connivance. - The person who knowingly, although without
Convicts who, under the circumstances mentioned in the the connivance mentioned in the preceding articles, shall
preceding paragraph, shall give themselves up to the possess false or mutilated coin with intent to utter the same, or
authorities within the above mentioned period of 48 hours, shall actually utter such coin, shall suffer a penalty lower by
shall be entitled to the deduction provided in Article 98. one degree than that prescribed in said articles.

Article 159. Other cases of evasion of service of sentence. - Section Three. - Forging treasury or bank notes, obligations
The penalty of prision correccional in its minimum period and securities; importing and uttering false or forged notes,
shall be imposed upon the convict who, having been granted obligations and securities.
conditional pardon by the Chief Executive, shall violate any of
the conditions of such pardon. However, if the penalty Article 166. Forging treasury or bank notes on other
remitted by the granting of such pardon be higher than six documents payable to bearer; importing, and uttering such
false or forged notes and documents. - The forging or (P1,000,000) shall be imposed upon any public officer,
falsification of treasury or bank notes or certificates or other employee, or notary who, taking advantage of his official
obligations and securities payable to bearer and the position, shall falsify a document by committing any of the
importation and uttering in connivance with forgers or following acts:
importers of such false or forged obligations or notes, shall be
punished as follows: 1. Counterfeiting or imitating any handwriting, signature or
rubric;
1. By reclusion temporal in its minimum period and a fine not
to exceed Two million pesos (P2,000,000), if the document 2. Causing it to appear that persons have participated in any
which has been falsified, counterfeited, or altered is an act or proceeding when they did not in fact so participate;
obligation or security of the Philippines.
3. Attributing to persons who have participated in an act or
The words 'obligation or security of the Philippines' shall proceeding statements other than those in fact made by them;
mean all bonds, certificates of indebtedness, national bank
notes, coupons, Philippine notes, treasury notes, fractional 4. Making untruthful statements in a narration of facts;
notes, certificates of deposit, bills, checks, or drafts for money,
drawn by or upon authorized officers of the Philippines, and 5. Altering true dates;
other representatives of value, of whatever denomination,
which have been or may be issued under any act of Congress. 6. Making any alteration or intercalation in a genuine
document which changes its meaning;
2. By prisión mayor in its maximum period and a fine not to
exceed One million pesos (P1,000,000), if the falsified or 7. Issuing in an authenticated form a document purporting to
altered document is a circulating note issued by any banking be a copy of an original document when no such original
association duly authorized by law to issue the same. exists, or including in such a copy a statement contrary to, or
different from, that of the genuine original; or
3. By prisión mayor in its medium period and a fine not to
exceed One million pesos (P1,000,000), if the falsified or 8. Intercalating any instrument or note relative to the issuance
counterfeited document was issued by a foreign government. thereof in a protocol, registry, or official book.

4. By prisión mayor in its minimum period and a fine not to The same penalty shall be imposed upon any ecclesiastical
exceed Four hundred thousand pesos (P400,000), when the minister who shall commit any of the offenses enumerated in
forged or altered document is a circulating note or bill issued the preceding paragraphs of this article, with respect to any
by a foreign bank duly authorized therefor. record or document of such character that its falsification may
affect the civil status of persons.
(as amended by Republic Act No. 10951, [August 29, 2017])
Article 172. Falsification by private individual and use of
Article 167. Counterfeiting, importing and uttering falsified documents. - The penalty of prision correccional in
instruments not payable to bearer. - Any person who shall its medium and maximum periods and a fine of not more than
forge, import or utter, in connivance with the forgers or One million pesos (P1,000,000) shall be imposed upon:
importers, any instrument payable to order or other document
of credit not payable to bearer, shall suffer the penalties of 1. Any private individual who shall commit any of the
prision correccional in its medium and maximum periods and falsifications enumerated in the next preceding article in any
a fine not exceeding One million two hundred thousand pesos public or official document or letter of exchange or any other
(P1,200,00). kind of commercial document; and

Article 168. Illegal possession and use of false treasury or 2. Any person who, to the damage of a third party, or with the
bank notes and other instruments of credit. - Unless the act be intent to cause such damage, shall in any private document
one of those coming under the provisions of any of the commit any of the acts of falsification enumerated in the next
preceding articles, any person who shall knowingly use or preceding article.
have in his possession, with intent to use any of the false or
falsified instruments referred to in this section, shall suffer the Any person who shall knowingly introduce in evidence in any
penalty next lower in degree than that prescribed in said judicial proceeding or to the damage of another or who, with
articles. the intent to cause such damage, shall use any of the false
documents embraced in the next preceding article, or in any of
Article 169. How forgery is committed. - The forgery referred the foregoing subdivisions of this article, shall be punished by
to in this section may be committed by any of the following the penalty next lower in degree.
means:
Article 173. Falsification of wireless, cable, telegraph and
1. By giving to a treasury or bank note or any instrument, telephone messages, and use of said falsified messages.- The
payable to bearer or order mentioned therein, the appearance penalty of prision correccional in its medium and maximum
of a true genuine document. periods shall be imposed upon officer or employee of the
Government or of any private corporation or concern engaged
2. By erasing, substituting, counterfeiting or altering by any in the service of sending or receiving wireless, cable or
means the figures, letters, words or signs contained therein. telephone message who utters a fictitious wireless, telegraph
or telephone message of any system or falsifies the same.
Section Four. - Falsification of legislative, public,
commercial, and private documents, and wireless, telegraph, Any person who shall use such falsified dispatch to the
and telephone message. prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree.
Article 170. Falsification of legislative documents. - The
penalty of prision correccional in its maximum period and a Section Five. - Falsification of medical certificates,
fine not exceeding One million two hundred thousand pesos certificates of merit or services and the like.
(P1,200,000) shall be imposed upon any person who, without
proper authority therefor alters any bill, resolution, or Article 174. False medical certificates, false certificates of
ordinance enacted or approved or pending approval by either merits or service, etc. - The penalties of arresto mayor in its
House of Congress or any provincial board or municipal maximum period to prision correccional in its minimum
council. period and a fine not to exceed Two hundred thousand pesos
(P200,000) shall be imposed upon:
Article 171. Falsification by public officer, employee or
notary or ecclesiastical minister. - The penalty of prision 1. Any physician or surgeon who, in connection, with the
mayor and a fine not to exceed One million pesos practice of his profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of In cases provided in subdivisions 3 and 4 of this article the
merit of service, good conduct or similar circumstances. offender shall further suffer a fine not to exceed Two hundred
thousand pesos (P200,000).
The penalty of arresto mayor shall be imposed upon any
private person who shall falsify a certificate falling within the Article 181. False testimony favorable to the defendants. -
classes mentioned in the two preceding subdivisions. Any person who shall give false testimony in favor of the
defendant in a criminal case, shall suffer the penalties
Article 175. Using false certificates. - The penalty of arresto of arresto mayor in its maximum period to prision
menor shall be imposed upon any one who shall knowingly correccional in its minimum period a fine not to exceed Two
use any of the false certificates mentioned in the next hundred thousand pesos (P200,000), if the prosecution is for a
preceding article. felony punishable by an afflictive penalty, and the penalty
of arresto mayor in any other case.
Section Six. - Manufacturing, importing and possession of
instruments or implements intended for the commission of Article 182. False testimony in civil cases. - Any person
falsification. found guilty of false testimony in a civil case shall suffer the
penalty of prision correccional in its minimum period and a
Article 176. Manufacturing and possession of instruments or fine not to exceed One million two hundred thousand pesos
implements for falsification. - The penalty of prision (P1,200,000), if the amount in controversy shall exceed One
correccional in its medium and maximum periods and a fine million pesos (P1,000,000), and the penalty of arresto
not to exceed One million pesos (P1,000,000) shall be mayor in its maximum period to prision correccional in its
imposed upon any person who shall make or introduce into the minimum period and a fine not to exceed Two hundred
Philippines any stamps, dies, marks, or other instruments or thousand pesos (P200,000), if the amount in controversy shall
implements intended to be used in the commission of the not exceed said amount or cannot be estimated.
offenses of counterfeiting or falsification mentioned in the
preceding sections of this Chapter. Any person who, with the Article 183. False testimony in other cases and perjury in
intention of using them, shall have in his possession any of the solemn affirmation. - The penalty of arresto mayor in its
instruments or implements mentioned in the preceding maximum period to prision correccional in its minimum
paragraphs, shall suffer the penalty next lower in degree than period shall be imposed upon any person, who knowingly
that provided therein. makes untruthful statements and not being included in the
provisions of the next preceding articles, shall testify under
Chapter Two OTHER FALSITIES oath, or make an affidavit, upon any material matter before a
competent person authorized to administer an oath in cases in
Section One. - Usurpation of authority, rank, title, and which the law so requires.
improper use of names, uniforms and insignia.
Any person who, in case of a solemn affirmation made in lieu
Article 177. Usurpation of authority or official functions. - of an oath, shall commit any of the falsehoods mentioned in
Any person who shall knowingly and falsely represent himself this and the three preceding articles of this section, shall suffer
to be an officer, agent or representative of any department or the respective penalties provided therein.
agency of the Philippine Government or of any foreign
government, or who, under pretense of official position, shall Article 184. Offering false testimony in evidence. - Any
perform any act pertaining to any person in authority or public person who shall knowingly offer in evidence a false witness
officer of the Philippine Government or any foreign or testimony in any judicial or official proceeding, shall be
government, or any agency thereof, without being lawfully punished as guilty of false testimony and shall suffer the
entitled to do so, shall suffer the penalty of prision respective penalties provided in this section.
correccional in its minimum and medium periods.
Chapter Three FRAUDS
Article 178. Using fictitious name and concealing true
name. - The penalty of arresto mayor and a fine not to exceed Section One. - Machinations, monopolies and combinations
One hundred thousand pesos (P100,000) shall be imposed
upon any person who shall publicly use a fictitious name for Article 185. Machinations in public auctions. - Any person
the purpose of concealing a crime, evading the execution of a who shall solicit any gift or promise as a consideration for
judgment or causing damage. refraining from taking part in any public auction, and any
person who shall attempt to cause bidders to stay away from
Any person who conceals his true name and other personal an auction by threats, gifts, promises, or any other artifice,
circumstances shall be punished by arresto menor or a fine not with intent to cause the reduction of the price of the thing
to exceed Forty thousand pesos (P40,000). auctioned, shall suffer the penalty of prision correccional in its
minimum period and a fine ranging from 10 to 50 per centum
Article 179. Illegal use of uniforms or insignia. - The penalty of the value of the thing auctioned.
of arresto mayor shall be imposed upon any person who shall
publicly and improperly make use of insignia, uniforms or Article 186. Monopolies and combinations in restraint of
dress pertaining to an office not held by such person or to a trade. - [1]The penalty of prision correccional in its minimum
class of persons of which he is not a member. period or a fine ranging from 200 to 6,000 pesos, or both, shall
be imposed upon:
Section Two. - False testimony
1. Any person who shall enter into any contract or agreement
Article 180. False testimony against a defendant. - Any or shall take part in any conspiracy or combination in the form
person who shall give false testimony against the defendant in of a trust or otherwise, in restraint of trade or commerce or to
any criminal case shall suffer: prevent by artificial means free competition in the market;

1. The penalty of reclusion temporal, if the defendant in said 2. Any person who shall monopolize any merchandise or
case shall have been sentenced to death; object of trade or commerce, or shall combine with any other
person or persons to monopolize and merchandise or object in
2. The penalty of prision mayor, if the defendant shall have order to alter the price thereof by spreading false rumors or
been sentenced to reclusion temporal or reclusion perpetua; making use of any other article to restrain free competition in
the market;
3. The penalty of prision correccional, if the defendant shall
have been sentenced to any other afflictive penalty; and 3. Any person who, being a manufacturer, producer, or
processor of any merchandise or object of commerce or an
4. The penalty of arresto mayor, if the defendant shall have importer of any merchandise or object of commerce from any
been sentenced to a correctional penalty or a fine, or shall foreign country, either as principal or agent, wholesaler or
have been acquitted. retailer, shall combine, conspire or agree in any manner with
any person likewise engaged in the manufacture, production, goods or in connection with the sale or advertising of his
processing, assembling or importation of such merchandise or services.
object of commerce or with any other persons not so similarly
engaged for the purpose of making transactions prejudicial to A trade-name or trademark as herein used is a word or words,
lawful commerce, or of increasing the market price in any part name, title, symbol, emblem, sign or device, or any
of the Philippines, of any such merchandise or object of combination thereof used as an advertisement, sign, label,
commerce manufactured, produced, processed, assembled in poster, or otherwise, for the purpose of enabling the public to
or imported into the Philippines, or of any article in the distinguish the business of the person who owns and uses said
manufacture of which such manufactured, produced, or trade-name or trademark.
imported merchandise or object of commerce is used.
A service mark as herein used is a mark used in the sale or
If the offense mentioned in this article affects any food advertising of services to identify the services of one person
substance, motor fuel or lubricants, or other articles of prime and distinguish them from the services of others and includes
necessity, the penalty shall be that of prision mayor in its without limitation the marks, names, symbols, titles,
maximum and medium periods it being sufficient for the designations, slogans, character names, and distinctive
imposition thereof that the initial steps have been taken toward features of radio or other advertising.
carrying out the purposes of the combination.
Article 189. Unfair competition, fraudulent registration of
Any property possessed under any contract or by any trademark, trade-name or service mark, fraudulent
combination mentioned in the preceding paragraphs, and designation of origin, and false description. - The penalty
being the subject thereof, shall be forfeited to the Government provided in the next proceeding article shall be imposed upon:
of the Philippines.
1. Any person who, in unfair competition and for the purposes
Whenever any of the offenses described above is committed of deceiving or defrauding another of his legitimate trade or
by a corporation or association, the president and each one of the public in general, shall sell his goods giving them the
its agents or representatives in the Philippines in case of a general appearance of goods of another manufacturer or
foreign corporation or association, who shall have knowingly dealer, either as to the goods themselves, or in the wrapping of
permitted or failed to prevent the commission of such offense, the packages in which they are contained or the device or
shall be held liable as principals thereof. words thereon or in any other features of their appearance
which would be likely to induce the public to believe that the
Section Two. - Frauds in commerce and industry goods offered are those of a manufacturer or dealer other than
the actual manufacturer or dealer or shall give other persons a
Article 187. Importation and disposition of falsely marked chance or opportunity to do the same with a like purpose.
articles or merchandise made of gold, silver, or other
precious metals or their alloys. - The penalty of prision 2. Any person who shall affix, apply, annex or use in
correccional or a fine ranging from Forty thousand pesos connection with any goods or services or any container or
(P40,000) to Two hundred thousand pesos (P200,000), or containers for goods a false designation of origin or any false
both, shall be imposed on any person who shall knowingly description or representation and shall sell such goods or
import or sell or dispose of any article or merchandise made of services.
gold, silver, or other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate the actual 3. Any person who by means of false or fraudulent
fineness or quality of said metals or alloys. representation or declarations orally or in writing or by other
fraudulent means shall procure from the patent office or from
Any stamp, brand, label, or mark shall be deemed to fail to any other office which may hereafter be established by law for
indicate the actual fineness of the article on which it is the purposes the registration of a trade-name, trademark or
engraved, printed, stamped, labeled or attached, when the rest service mark or of himself as the owner of such trade-name,
of the article shows that the quality or fineness thereof is less trademark or service mark or an entry respecting a trade-name,
by more than one-half karat, if made of gold, and less by more trademark or service mark.
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 Title Five CRIMES RELATIVE TO OPIUM AND
such gold shall not be less by more than three one-thousandth OTHER PROHIBITED DRUGS[2]
than the fineness indicated by said stamp, brand, label, or
mark. Article 190. Possession, preparation and use of prohibited
drugs and maintenance of opium dens. - The penalty
Article 188. Subsisting and altering trademark, trade-names, of arresto mayor in its medium period to prision correccional
or service marks. - The penalty of prision correccional in its in its minimum period and a fine ranging from 300 to 1,000
minimum period or a fine ranging from 50 to 2,000 pesos, or pesos shall be imposed upon:
both, shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess,
1. Any person who shall substitute the trade name or prepare, administer, or otherwise use any prohibited drug.
trademark of some other manufacturer or dealer or a colorable
imitation thereof, for the trademark of the real manufacturer or "Prohibited drug," as used herein includes opium, cocaine,
dealer upon any article of commerce and shall sell the same; alpha and beta eucaine,
2. Any person who shall sell such articles of commerce or Indian hemp, their derivatives, and all preparations made from
offer the same for sale, knowing that the trade-name or trade- them or any of them, and such other drugs, whether natural or
mark has been fraudulently used in such goods as described in synthetic, having physiological action as a narcotic drug.
the preceding subdivision;
"Opium" embraces every kind, class, and character of opium,
3. Any person who, in the sale or advertising of his services, whether crude or prepared; the ashes on refuse of the same;
shall use or substitute the service mark of some other person, narcotic preparations thereof or therefrom; morphine or any
or a colorable imitation of such mark; or alkaloid of opium, preparation in which opium, morphine or
any kind of opium, enter as an ingredient, and also opium
4. Any person who, knowing the purpose for which the trade- leaves or wrappings of opium leaves, whether prepared or not
name, trademark, or service mark of a person is to be used, for their use.
prints, lithographs, or in any way reproduces such trade-name,
trademark, or service mark, or a colorable imitation thereof, "Indian hemp" otherwise known as marijuana, cannabis,
for another person, to enable that other person to fraudulently Americana, hashish, bhang, guaza, churruz, and ganjah
use such trade-name, trademark, or service mark on his own embraces every kind, class and character of Indian hemp,
whether dried or fresh, flowering or fruiting tops of the
pistillate plant cannabis sativa, from which the resin has not him. If the place where gambling is carried on has the
been extracted, including all other geographic varieties reputation of a gambling place or that prohibited gambling is
whether used as reefers, resin, extract, tincture or in any other frequently carried on therein, the culprit shall be punished by
form whatsoever. the penalty provided for in this article in its maximum period.

By narcotic drug is meant a drug that produces a condition of (b) The penalty of prision correccional in its maximum degree
insensibility and melancholy dullness of mind with delusions shall be imposed upon the maintainer, conductor, or banker in
and may be habit-forming. a game of jueteng or any similar game.

2. Anyone who shall maintain a dive or resort where any (c) The penalty of prision correccional in its medium degree
prohibited drug is used in any form, in violation of the law. shall be imposed upon any person who shall, knowingly and
without lawful purpose, have in his possession and lottery list,
paper or other matter containing letters, figures, signs or
symbols which pertain to or are in any manner used in the
game of jueteng or any similar game which has taken place or
about to take place.
Article 191. Keeper, watchman and visitor of opium den. -
The penalty of arresto mayor and a fine ranging from 100 to Article 196. Importation, sale and possession of lottery tickets
300 pesos shall be imposed upon: or advertisements. - The penalty of arresto mayor in its
maximum period to prision correccional in its minimum
1. Anyone who shall act as a keeper or watchman of a dive or period or a fine ranging from 200 to 2,000 pesos, or both, in
resort where any prohibited drug is used in any manner the discretion of the court, shall be imposed upon any person
contrary to law; and who shall import into the Philippine Islands from any foreign
place or port any lottery ticket or advertisement or, in
2. Any person who, not being included in the provisions of the connivance with the importer, shall sell or distribute the same.
next preceding article, shall knowingly visit any dive or resort
of the character referred to above. Any person who shall knowingly and with intent to use them,
have in his possession lottery tickets or advertisements, or
Article 192. Importation and sale of prohibited drugs. - The shall sell or distribute the same without connivance with the
penalty of prision correccional in its medium and maximum importer of the same, shall be punished by arresto menor, or a
periods and a fine ranging from 300 to 10,000 pesos shall be fine not exceeding 200 pesos, or both, in the discretion of the
imposed upon any person who shall import or bring into the court.
Philippine Islands any prohibited drug.
The possession of any lottery ticket or advertisement shall be
The same penalty shall be imposed upon any person who shall prima facie evidence of an intent to sell, distribute or use the
unlawfully sell or deliver to another prohibited drug. same in the Philippine Islands.

Article 193. Illegal possession of opium pipe or other Article 197. Betting in sports contests. - The penalty
paraphernalia for the use of any prohibited drug. - The of arresto menor or a fine not exceeding 200 pesos, or both,
penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who shall bet money or any
shall be imposed upon any person who, not being authorized object or article of value or representative of value upon the
by law, shall possess any opium pipe or other paraphernalia result of any boxing or other sports contests.
for smoking, injecting, administering or using opium or any
prohibited drug. Article 198. Illegal betting on horse race. - The penalty
of arresto menor or a fine not exceeding 200 pesos, or both,
The illegal possession of an opium pipe or other paraphernalia shall be imposed upon any person who except during the
for using any other prohibited drug shall be prima facie period allowed by law, shall be on horse races. The penalty
evidence that its possessor has used said drug. of arresto mayor or a fine ranging from 200 to 2,000 pesos, or
both, shall be imposed upon any person who, under the same
Article 194. Prescribing opium unnecessary for a patient. - circumstances, shall maintain or employ a totalizer or other
The penalty of prision correccional or a fine ranging from 300 device or scheme for betting on horse races or realizing any
to 10,000 pesos, or both shall be imposed upon any physician profit therefrom.
or dentist who shall prescribe opium for any person whose
physical condition does not require the use of the same. For the purposes of this article, any race held in the same day
at the same place shall be held punishable as a separate
offense, and if the same be committed by any partnership,
Title Six CRIMES AGAINST PUBLIC MORALS corporation or association, the president and the directors or
managers thereof shall be deemed to be principals in the
Chapter One GAMBLING AND BETTING[3] offense if they have consented to or knowingly tolerated its
commission.
Article 195. What acts are punishable in gambling. - (a) The
penalty of arresto mayor or a fine not exceeding two hundred Article 199. Illegal cockfighting. - The penalty of arresto
pesos, and, in case of recidivism, the penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the
mayor or a fine ranging from two hundred or six thousand discretion of the court, shall be imposed upon:
pesos, shall be imposed upon:
1. Any person who directly or indirectly participates in
1. Any person other than those referred to in subsections (b) cockfights, by betting money or other valuable things, or who
and (c) who, in any manner shall directly, or indirectly take organizes cockfights at which bets are made, on a day other
part in any game of monte, jueteng or any other form of than those permitted by law.
lottery, policy, banking, or percentage game, dog races, or any
other game of scheme the result of which depends wholly or 2. Any person who directly or indirectly participates in
chiefly upon chance or hazard; or wherein wagers consisting cockfights, at a place other than a licensed cockpit.
of money, articles of value or representative of value are
made; or in the exploitation or use of any other mechanical Chapter Two OFFENSES AGAINST DECENCY AND
invention or contrivance to determine by chance the loser or GOOD CUSTOMS
winner of money or any object or representative of value.
Article 200. Grave scandal. - The penalties of arresto
2. Any person who shall knowingly permit any form of mayor and public censure shall be imposed upon any person
gambling referred to in the preceding subdivision to be carried who shall offend against decency or good customs by any
on in any unhabited or uninhabited place of any building, highly scandalous conduct not expressly falling within any
vessel or other means of transportation owned or controlled by other article of this Code.
Article 201. Immoral doctrines, obscene publications and negligence or ignorance and the interlocutory order or decree
exhibitions and indecent shows. - The penalty of prision be manifestly unjust, the penalty shall be suspension.
mayor or a fine ranging from Twenty thousand pesos
(P20,000) to Two hundred thousand pesos (P200,000), or both Article 207. Malicious delay in the administration of justice. -
such imprisonment and fine, shall be imposed upon: The penalty of prision correccional in its minimum period
shall be imposed upon any judge guilty of malicious delay in
(1) Those who shall publicly expound or proclaim doctrines the administration of justice.
openly contrary to public morals;
Article 208. Prosecution of offenses; negligence and
(2) (a) the authors of obscene literature, published with their tolerance. - The penalty of prision correccional in its
knowledge in any form; the editors publishing such literature; minimum period and suspension shall be imposed upon any
and the owners/operators of the establishment selling the public officer, or officer of the law, who, in dereliction of the
same; duties of his office, shall maliciously refrain from instituting
prosecution for the punishment of violators of the law, or shall
(b) Those who, in theaters, fairs, cinematographs or any other tolerate the commission of offenses.
place, exhibit, indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are prescribed by virtue Article 209. Betrayal of trust by an attorney or solicitor. -
hereof, shall include those which (1) glorify criminals or Revelation of secrets. - In addition to the proper administrative
condone crimes; (2) serve no other purpose but to satisfy the action, the penalty of prision correccional in its minimum
market for violence, lust or pornography; (3) offend any race period, or a fine ranging from Forty thousand pesos (P40,000)
or religion; (4) tend to abet traffic in and use of prohibited to Two hundred thousand pesos (P200,000), or both, shall be
drugs; and (5) are contrary to law, public order, morals, and imposed upon any attorney-at-law or solicitor ( procurador
good customs, established policies, lawful orders, decrees and judicial) who, by any malicious breach of professional duty or
edicts; of inexcusable negligence or ignorance, shall prejudice his
client, or reveal any of the secrets of the latter learned by him
(3) Those who shall sell, give away or exhibit films, prints, in his professional capacity.
engravings, sculpture or literature which are offensive to
morals. (As amended by PD Nos. 960 and 969). The same penalty shall be imposed upon an attorney-at-law or
solicitor (procurador judicial) who, having undertaken the
Article 202. Prostitutes; Penalty. [4]- For the purposes of this defense of a client or having received confidential information
article, women who, for money or profit, habitually indulge in from said client in a case, shall undertake the defense of the
sexual intercourse or lascivious conduct, are deemed to be opposing party in the same case, without the consent of his
prostitutes. first client.

Any person found guilty of any of the offenses covered by this Section Two. - Bribery
article shall be punished by arresto menor or a fine not
exceeding Twenty thousand pesos (P20,000), and in case of Article 210. Direct bribery. - Any public officer who shall
recidivism, by arresto mayor in its medium period to prision agree to perform an act constituting a crime, in connection
correccional in its minimum period or a fine ranging from with the performance of this official duties, in consideration of
Twenty thousand pesos (P20,000) to Two hundred thousand any offer, promise, gift or present received by such officer,
pesos (P200,000), or both, in the discretion of the court. personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum periods
(as amended by Republic Act No. 10158, [March 27, 2012]) and a fine of not less than the value of the gift and] not less
than three times the value of the gift in addition to the penalty
corresponding to the crime agreed upon, if the same shall have
Title Seven CRIMES COMMITTED BY PUBLIC been committed.
OFFICERS
If the gift was accepted by the officer in consideration of the
Chapter One PRELIMINARY PROVISIONS execution of an act which does not constitute a crime, and the
officer executed said act, he shall suffer the same penalty
Article 203. Who are public officers. - For the purpose of provided in the preceding paragraph; and if said act shall not
applying the provisions of this and the preceding titles of this have been accomplished, the officer shall suffer the penalties
book, any person who, by direct provision of the law, popular of prision correccional, in its medium period and a fine of not
election or appointment by competent authority, shall take part less than twice the value of such gift.
in the performance of public functions in the Government of
the Philippine Islands, of shall perform in said Government or If the object for which the gift was received or promised was
in any of its branches public duties as an employee, agent or to make the public officer refrain from doing something which
subordinate official, of any rank or class, shall be deemed to it was his official duty to do, he shall suffer the penalties of
be a public officer. prision correccional in its maximum period and a fine of not
less than the value of the gift and not less than three times the
Chapter Two MALFEASANCE AND MISFEASANCE IN value of such gift.
OFFICE
In addition to the penalties provided in the preceding
Section One. - Dereliction of duty paragraphs, the culprit shall suffer the penalty of special
temporary disqualification.
Article 204. Knowingly rendering unjust judgment. - Any
judge who shall knowingly render an unjust judgment in any The provisions contained in the preceding paragraphs shall be
case submitted to him for decision, shall be punished by made applicable to assessors, arbitrators, appraisal and claim
prision mayor and perpetual absolute disqualification. commissioners, experts or any other persons performing
public duties. (As amended by Batas Pambansa Blg. 871,
Article 205. Judgment rendered through negligence. - Any approved May 29, 1985).
judge who, by reason of inexcusable negligence or ignorance
shall render a manifestly unjust judgment in any case Article 211. Indirect bribery. - The penalties of prision
submitted to him for decision shall be punished by arresto correccional in its medium and maximum periods, and public
mayor and temporary special disqualification. censure shall be imposed upon any public officer who shall
accept gifts offered to him by reason of his office. (As
Article 206. Unjust interlocutory order. - Any judge who shall amended by Batas Pambansa Blg. 871, approved May 29,
knowingly render an unjust interlocutory order or decree shall 1985).
suffer the penalty of arresto mayor in its minimum period and
suspension; but if he shall have acted by reason of inexcusable Article 211-A. Qualified bribery. - If any public officer is
entrusted with law enforcement and he refrains from arresting
or prosecuting an offender who has committed a crime This provisions is applicable to experts, arbitrators and private
punishable by reclusion perpetua and/or death in consideration accountants who, in like manner, shall take part in any
of any offer, promise, gift or present, he shall suffer the contract or transaction connected with the estate or property in
penalty for the offense which was not prosecuted. appraisal, distribution or adjudication of which they shall have
acted, and to the guardians and executors with respect to the
If it is the public officer who asks or demands such gift or property belonging to their wards or estate.
present, he shall suffer the penalty of death. (As added by Sec.
4, RA No. 7659). Chapter Four MALVERSATION OF PUBLIC FUNDS
OR PROPERTY
Article 212. Corruption of public officials. - The same
penalties imposed upon the officer corrupted, except those of Article 217. Malversation of public funds or property;
disqualification and suspension, shall be imposed upon any Presumption of malversation. - Any public officer who, by
person who shall have made the offers or promises or given reason of the duties of his office, is accountable for public
the gifts or presents as described in the preceding articles. 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 prisión correccional in its medium and

Chapter Three FRAUDS AND ILLEGAL EXACTIONS maximum periods, if the amount involved in the
AND TRANSACTIONS misappropriation or malversation does not exceed Forty
thousand pesos (P40,000).
Article 213. Frauds against the public treasury and similar
offenses. - The penalty of prision correccional in its medium 2. The penalty of prisión mayor in its minimum and medium
period to prision mayor in its minimum period, or a fine periods, if the amount involved is more than Forty thousand
ranging from Forty thousand (P40,000) to Two million pesos pesos (P40,000) but does not exceed One million two hundred
(P2,000,000), or both, shall be imposed upon any public thousand pesos (P1,200,000).
officer who:
3. The penalty of prisión mayor in its maximum period to
1. In his official capacity, in dealing with any person with reclusion temporal in its minimum period, if the amount
regard to furnishing supplies, the making of contracts, or the involved is more than One million two hundred thousand
adjustment or settlement of accounts relating to public pesos (P1,200,000) but does not exceed Two million four
property or funds, shall enter into an agreement with any hundred thousand pesos (P2,400,000).
interested party or speculator or make use of any other
scheme, to defraud the Government; 4. The penalty of reclusion temporal, in its medium and
maximum periods, if the amount involved is more than Two
2. Being entrusted with the collection of taxes, licenses, fees million four hundred thousand pesos (P2,400,000) but does
and other imposts, shall be guilty or any of the following acts not exceed Four million four hundred thousand pesos
or omissions: (P4,400,000).

(a) Demanding, directly, or indirectly, the payment of sums 5. The penalty of reclusion temporal in its maximum period, if
different from or larger than those authorized by law. the amount involved is more than Four million four hundred
thousand pesos (P4,400,000) but does not exceed Eight
(b) Failing voluntarily to issue a receipt, as provided by law, million eight hundred thousand pesos (P8,800,000). If the
for any sum of money collected by him officially. amount exceeds the latter, the penalty shall be reclusion
perpetua.
(c) Collecting or receiving, directly or indirectly, by way of
payment or otherwise things or objects of a nature different In all cases, persons guilty of malversation shall also suffer the
from that provided by law. penalty of perpetual special disqualification and a fine equal to
the amount of the funds malversed or equal to the total value
When the culprit is an officer or employee of the Bureau of of the property embezzled.
Internal Revenue or the Bureau of Customs, the provisions of
the Administrative Code shall be applied. The failure of a public officer to have duly forthcoming any
public funds or property with which he is chargeable, upon
Article 214. Other frauds. - In addition to the penalties demand by any duly authorized officer, shall be prima facie
prescribed in the provisions of Chapter Six, Title Ten, Book evidence that he has put such missing funds or property to
Two, of this Code, the penalty of temporary special personal uses.
disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public officer who, (As amended by RA 1060, Republic Act No. 10951, [August
taking advantage of his official position, shall commit any of 29, 2017]).
the frauds or deceits enumerated in said provisions.
Article 218. Failure of accountable officer to render
Article 215. Prohibited transactions. - The penalty of prision accounts. - Any public officer, whether in the service or
correccional in its maximum period or a fine ranging from separated therefrom by resignation or any other cause, who is
Forty thousand pesos (P40,000) to Two hundred thousand required by law or regulation to render account to the Insular
pesos (P200,000), or both, shall be imposed upon any Auditor, or to a provincial auditor and who fails to do so for a
appointive public officer who, during his incumbency, shall period of two months after such accounts should be rendered,
directly or indirectly become interested in any transaction of shall be punished by prision correccional in its minimum
exchange or speculation within the territory subject to his period, or by a fine ranging from Forty thousand pesos
jurisdiction. (P40,000) to One million pesos (P1,000,000), or both.

Article 216. Possession of prohibited interest by a public Article 219. Failure of a responsible public officer to render
officer. - The penalty of arresto mayor in its medium period accounts before leaving the country. - Any public officer who
to prision correccional in its minimum period, or a fine unlawfully leaves or attempts to leave the Philippine Islands
ranging from Forty thousand pesos (P40,000) to Two hundred without securing a certificate from the Insular Auditor
thousand pesos (P200,000, or both, shall be imposed upon a showing that his accounts have been finally settled, shall be
public officer who directly or indirectly, shall become punished by arresto mayor, or a fine ranging from Forty
interested in any contract or business in which it is his official thousand pesos (P40,000) to Two hundred thousand pesos
duty to intervene. (P200,000) or both.
Article 220. Illegal use of public funds or property. - Any 1. The penalty of prision mayor and a fine not exceeding Two
public officer who shall apply any public fund or property hundred thousand pesos (P200,000) o, whenever serious
under his administration to any public use other than for which damage shall have been caused thereby to a third party or to
such fund or property were appropriated by law or ordinance the public interest.
shall suffer the penalty of prision correccional in its minimum
period or a fine ranging from one-half to the total of the sum 2. The penalty of prision correccional in its minimum and
misapplied, if by reason of such misapplication, any damages medium period and a fine not exceeding Two hundred
or embarrassment shall have resulted to the public service. In thousand pesos (P200,000), whenever the damage to a third
either case, the offender shall also suffer the penalty of party or to the public interest shall not have been serious.
temporary special disqualification.
In either case, the additional penalty of temporary special
If no damage or embarrassment to the public service has disqualification in its maximum period to perpetual
resulted, the penalty shall be a fine from 5 to 50 per cent of the disqualification shall be imposed.
sum misapplied.
Article 227. Officer breaking seal. - Any public officer
Article 221. Failure to make delivery of public funds or charged with the custody of papers or property sealed by
property. - Any public officer under obligation to make proper authority, who shall break the seals or permit them to
payment from Government funds in his possession, who shall be broken, shall suffer the penalties of prision correccional in
fail to make such payment, shall be punished by arresto its minimum and medium periods, temporary special
mayor and a fine from 5 to 25 percent of the sum which he disqualification and a fine not exceeding Four hundred
failed to pay. thousand pesos (P400,000).

This provision shall apply to any public officer who, being Article 228. Opening of closed documents. - Any public
ordered by competent authority to deliver any property in his officer not included in the provisions of the next preceding
custody or under his administration, shall refuse to make such article who, without proper authority, shall open or shall
delivery. permit to be opened any closed papers, documents or objects
entrusted to his custody, shall suffer the penalties or arresto
The fine shall be graduated in such case by the value of the mayor, temporary special disqualification and a fine of not
thing, provided that it shall not less than Ten thousand pesos exceeding Four hundred thousand pesos (P400,000).
(P10,000).
Section Three. - Revelation of secrets
Article 222. Officers included in the preceding provisions. -
The provisions of this chapter shall apply to private Article 229. Revelation of secrets by an officer. - Any public
individuals who in any capacity whatever, have charge of any officer who shall reveal any secret known to him by reason of
insular, provincial or municipal funds, revenues, or property his official capacity, or shall wrongfully deliver papers or
and to any administrator or depository of funds or property copies of papers of which he may have charge and which
attached, seized or deposited by public authority, even if such should not be published, shall suffer the penalties of prision
property belongs to a private individual. correccional in its medium and maximum periods, perpetual
special disqualification and a fine not exceeding Four hundred
Chapter Five INFIDELITY OF PUBLIC OFFICERS thousand pesos (P400,000) if the revelation of such secrets or
the delivery of such papers shall have caused serious damage
Section One. - Infidelity in the custody of prisoners to the public interest; otherwise, the penalties of prision
correccional in its minimum period, temporary special
Article 223. Conniving with or consenting to evasion. - Any disqualification and a fine not exceeding One hundred
public officer who shall consent to the escape of a prisoner in thousand pesos (P100,000) shall be imposed.
his custody or charge, shall be punished:
Article 230. Public officer revealing secrets of private
1. By prision correccional in its medium and maximum individual. - Any public officer to whom the secrets of any
periods and temporary special disqualification in its maximum private individual shall become known by reason of his office
period to perpetual special disqualification, if the fugitive shall who shall reveal such secrets, shall suffer the penalties
have been sentenced by final judgment to any penalty. of arresto mayor and a fine not exceeding Two hundred
thousand pesos (P200,000).
2. By prision correccional in its minimum period and
temporary special disqualification, in case the fugitive shall Chapter Six OTHER OFFENSES OR IRREGULARITIES
not have been finally convicted but only held as a detention BY PUBLIC OFFICERS
prisoner for any crime or violation of law or municipal
ordinance. Section One. - Disobedience, Refusal of Assistance and
Maltreatment of Prisoners
Article 224. Evasion through negligence. - If the evasion of
the prisoner shall have taken place through the negligence of Article 231. Open disobedience. - Any judicial or executive
the officer charged with the conveyance or custody of the officer who shall openly refuse to execute the judgment,
escaping prisoner, said officer shall suffer the penalties decision or order of any superior authority made within the
of arresto mayor in its maximum period to prision scope of the jurisdiction of the latter and issued with all the
correccional in its minimum period and temporary special legal formalities, shall suffer the penalties of arresto mayor in
disqualification. its medium period to prision correccional in its minimum
period, temporary special disqualification in its maximum
Article 225. Escape of prisoner under the custody of a person period and a fine not exceeding Two hundred thousand pesos
not a public officer. - Any private person to whom the (P200,000).
conveyance or custody or a prisoner or person under arrest
shall have been confided, who shall commit any of the Article 232. Disobedience to order of superior officers, when
offenses mentioned in the two preceding articles, shall suffer said order was suspended by inferior officer. - Any public
the penalty next lower in degree than that prescribed for the officer who, having for any reason suspended the execution of
public officer. the orders of his superiors, shall disobey such superiors after
the latter have disapproved the suspension, shall suffer the
Section Two. - Infidelity in the custody of document penalties of prision correccional in its minimum and medium
periods and perpetual special disqualification.
Article 226. Removal, concealment or destruction of
documents. - Any public officer who shall remove, destroy or Article 233. Refusal of assistance. - The penalties of arresto
conceal documents or papers officially entrusted to him, shall mayor in its medium period to prision correccional in its
suffer: 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 Article 240. Usurpation of executive functions. - Any judge
competent authority, shall fail to lend his cooperation towards who shall assume any power pertaining to the executive
the administration of justice or other public service, if such authorities, or shall obstruct the latter in the lawful exercise of
failure shall result in serious damage to the public interest, or their powers, shall suffer the penalty of arresto mayor in its
to a third party; otherwise, arresto mayor in its medium and medium period to prision correccional in its minimum period.
maximum periods and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed. Article 241. Usurpation of judicial functions. - The penalty
of arresto mayor in its medium period to prision correccional
Article 234. Refusal to discharge elective office. - The penalty in its minimum period and shall be imposed upon any officer
of arresto mayor or a fine not exceeding Two hundred of the executive branch of the Government who shall assume
thousand pesos (P200,000), or both, shall be imposed upon judicial powers or shall obstruct the execution of any order or
any person who, having been elected by popular election to a decision rendered by any judge within its jurisdiction.
public office, shall refuse without legal motive to be sworn in
or to discharge the duties of said office. Article 242. Disobeying request for disqualification. - Any
public officer who, before the question of jurisdiction is
Article 235. Maltreatment of prisoners. - The penalty decided, shall continue any proceeding after having been
of arresto mayor in its medium period to prision correccional lawfully required to refrain from so doing, shall be punished
in its minimum period, in addition to his liability for the by arresto mayor and a fine not exceeding One hundred
physical injuries or damage caused, shall be imposed upon any thousand pesos only (P100,000).
public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner Article 243. Orders or requests by executive officers to any
under his charge, by the imposition of punishment not judicial authority. - Any executive officer who shall address
authorized by the regulations, or by inflicting such punishment any order or suggestion to any judicial authority with respect
in a cruel and humiliating manner. to any case or business coming within the exclusive
jurisdiction of the courts of justice shall suffer the penalty
If the purpose of the maltreatment is to extort a confession, or of arresto mayor and a fine not exceeding One hundred
to obtain some information from the prisoner, the offender thousand pesos (P100,000).
shall be punished by prision correccional in its minimum
period, temporary special disqualification and a fine not Article 244. Unlawful appointments. - Any public officer who
exceeding One hundred thousand pesos (P100,000), in shall knowingly nominate or appoint to any public office any
addition to his liability for the physical injuries or damage person lacking the legal qualifications therefor, shall suffer the
caused. penalty of arresto mayor and a fine not exceeding Two
hundred thousand pesos (P200,000).
Section Two. - Anticipation, prolongation and abandonment
of the duties and powers of public office. Section Four. - Abuses against chastity

Article 236. Anticipation of duties of a public office. - Any Article 245. Abuses against chastity; Penalties. - The
person who shall assume the performance of the duties and penalties of prision correccional in its medium and maximum
powers of any public officer or employment without first periods and temporary special disqualification shall be
being sworn in or having given the bond required by law, shall imposed:
be suspended from such office or employment until he shall
have complied with the respective formalities and shall be 1. Upon any public officer who shall solicit or make immoral
fined from Forty thousand pesos (P40,000) to One hundred or indecent advances to a woman interested in matters pending
thousand pesos (P100,000). before such officer for decision, or with respect to which he is
required to submit a report to or consult with a superior
Article 237. Prolonging performance of duties and powers. - officer;
Any public officer shall continue to exercise the duties and
powers of his office, employment or commission, beyond the 2. Any warden or other public officer directly charged with the
period provided by law, regulation or special provisions care and custody of prisoners or persons under arrest who
applicable to the case, shall suffer the penalties of prision shall solicit or make immoral or indecent advances to a
correccional in its minimum period, special temporary woman under his custody.
disqualification in its minimum period and a fine not
exceeding One hundred thousand pesos (P100,000). If the person solicited be the wife, daughter, sister of relative
within the same degree by affinity of any person in the
Article 238. Abandonment of office or position. - Any public custody of such warden or officer, the penalties shall be
officer who, before the acceptance of his resignation, shall prision correccional in its minimum and medium periods and
abandon his office to the detriment of the public service shall temporary special disqualification.
suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the

Title Eight CRIMES AGAINST PERSONS
discharge of the duties of preventing, prosecuting or punishing
any of the crime falling within Title One, and Chapter One of
Chapter One DESTRUCTION OF LIFE
Title Three of Book Two of this Code, the offender shall be
punished by prision correccional in its minimum and medium
Section One. - Parricide, murder, homicide
periods, and by arresto mayor if the purpose of such
abandonment is to evade the duty of preventing, prosecuting Article 246. Parricide. - Any person who shall kill his father,
or punishing any other crime. mother, or child, whether legitimate or illegitimate, or any of
his ascendants, or descendants, or his spouse, shall be guilty of
Section Three. - Usurpation of powers and unlawful
parricide and shall be punished by the penalty of reclusion
appointments
perpetua to death.
Article 239. Usurpation of legislative powers. - The penalties
Article 247. Death or physical injuries inflicted under
of prision correccional in its minimum period, temporary
exceptional circumstances. - Any legally married person who
special disqualification and a fine not exceeding Two hundred
having surprised his spouse in the act of committing sexual
thousand pesos (P200,000), shall be imposed upon any public
intercourse with another person, shall kill any of them or both
officer who shall encroach upon the powers of the legislative
of them in the act or immediately thereafter, or shall inflict
branch of the Government, either by making general rules or
upon them any serious physical injury, shall suffer the penalty
regulations beyond the scope of his authority, or by attempting
of destierro.
to repeal a law or suspending the execution thereof.
If he shall inflict upon them physical injuries of any other thereof cannot be identified, all those who appear to have used
kind, he shall be exempt from punishment. violence upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for the
These rules shall be applicable, under the same circumstances, physical injuries so inflicted.
to parents with respect to their daughters under eighteen years
of age, and their seducer, while the daughters are living with When the physical injuries inflicted are of a less serious nature
their parents. and the person responsible therefor cannot be identified, all
those who appear to have used any violence upon the person
Any person who shall promote or facilitate the prostitution of of the offended party shall be punished by arresto mayor from
his wife or daughter, or shall otherwise have consented to the five to fifteen days.
infidelity of the other spouse shall not be entitled to the
benefits of this article. Article 253. Giving assistance to suicide. - Any person who
shall assist another to commit suicide shall suffer the penalty
Article 248. Murder. - Any person who, not falling within the of prision mayor; if such person leads his assistance to another
provisions of Article 246 shall kill another, shall be guilty of to the extent of doing the killing himself, he shall suffer the
murder and shall be punished by reclusion perpetua to death, penalty of reclusion temporal.
if committed with any of the following attendant
circumstances: However, if the suicide is not consummated, the penalty
of arresto mayor in its medium and maximum periods, shall
1. With treachery, taking advantage of superior strength, with be imposed.
the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity. Article 254. Discharge of firearms. - Any person who shall
shoot at another with any firearm shall suffer the penalty of
2. In consideration of a price, reward, or promise. prision correccional in its minimum and medium periods,
unless the facts of the case are such that the act can be held to
3. By means of inundation, fire, poison, explosion, shipwreck, constitute frustrated or attempted parricide, murder, homicide
stranding of a vessel, derailment or assault upon a railroad, fall or any other crime for which a higher penalty is prescribed by
of an airship, or by means of motor vehicles, or with the use of any of the articles of this Code.
any other means involving great waste and ruin.
Section Two. - Infanticide and abortion.
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a Article 255. Infanticide. - The penalty provided for parricide
volcano, destructive cyclone, epidemic or other public in Article 246 and for murder in Article 248 shall be imposed
calamity. upon any person who shall kill any child less than three days
of age.
5. With evident premeditation.
If the crime penalized in this article be committed by the
6. With cruelty, by deliberately and inhumanly augmenting the mother of the child for the purpose of concealing her dishonor,
suffering of the victim, or outraging or scoffing at his person she shall suffer the penalty of prision mayor in its medium
or corpse. and maximum periods, and if said crime be committed for the
same purpose by the maternal grandparents or either of them,
(as amended by Republic Act No. 7659, [December 13, 1993]) the penalty shall be reclusion temporal. (as amended by
Republic Act No. 7659, [December 13, 1993])
Article 249. Homicide. - Any person who, not falling within
the provisions of Article 246, shall kill another without the Article 256. Intentional abortion. - Any person who shall
attendance of any of the circumstances enumerated in the next intentionally cause an abortion shall suffer:
preceding article, shall be deemed guilty of homicide and be
punished by reclusion temporal. 1. The penalty of reclusion temporal, if he shall use any
violence upon the person of the pregnant woman.
Article 250. Penalty for frustrated parricide, murder or
homicide. - The courts, in view of the facts of the case, may 2. The penalty of prision mayor if, without using violence, he
impose upon the person guilty of the frustrated crime of shall act without the consent of the woman.
parricide, murder or homicide, defined and penalized in the
preceding articles, a penalty lower by one degree than that 3. The penalty of prision correccional in its medium and
which should be imposed under the provision of Article 50. maximum periods, if the woman shall have consented.

The courts, considering the facts of the case, may likewise Article 257. Unintentional abortion. - The penalty of prision
reduce by one degree the penalty which under Article 51 correccional in its minimum and medium period shall be
should be imposed for an attempt to commit any of such imposed upon any person who shall cause an abortion by
crimes. violence, but unintentionally.

Article 251. Death caused in a tumultuous affray. - When, Article 258. Abortion practiced by the woman herself of by
while several persons, not composing groups organized for the her parents. - The penalty of prision correccional in its
common purpose of assaulting and attacking each other medium and maximum periods shall be imposed upon a
reciprocally, quarrel and assault each other in a confused and woman who shall practice abortion upon herself or shall
tumultuous manner, and in the course of the affray someone is consent that any other person should do so.
killed, and it cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted serious Any woman who shall commit this offense to conceal her
physical injuries can be identified, such person or persons dishonor, shall suffer the penalty of prision correccional in its
shall be punished by prision mayor. minimum and medium periods.

If it cannot be determined who inflicted the serious physical If this crime be committed by the parents of the pregnant
injuries on the deceased, the penalty of prision correccional in woman or either of them, and they act with the consent of said
its medium and maximum periods shall be imposed upon all woman for the purpose of concealing her dishonor, the
those who shall have used violence upon the person of the offenders shall suffer the penalty of prision correccional in its
victim. medium and maximum periods.

Article 252. Physical injuries inflicted in a tumultuous Article 259. Abortion practiced by a physician or midwife
affray. - When in a tumultuous affray as referred to in the and dispensing of abortives. - The penalties provided in
preceding article, only serious physical injuries are inflicted Article 256 shall be imposed in its maximum period,
upon the participants thereof and the person responsible respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an The provisions of the preceding paragraph shall not be
abortion or assist in causing the same. applicable to a parent who shall inflict physical injuries upon
his child by excessive chastisement.
Any pharmacist who, without the proper prescription from a
physician, shall dispense any abortive shall suffer arresto Article 264. Administering injurious substances or
mayor and a fine not exceeding One hundred thousand pesos beverages. - The penalties established by the next preceding
(P100,000). article shall be applicable in the respective case to any person
who, without intent to kill, shall inflict upon another any
Section Three. - Duel serious, physical injury, by knowingly administering to him
any injurious substance or beverages or by taking advantage of
Article 260. Responsibility of participants in a duel. - The his weakness of mind or credulity.
penalty of reclusion temporal shall be imposed upon any
person who shall kill his adversary in a duel. Article 265. Less serious physical injuries. - Any person who
shall inflict upon another physical injuries not described in the
If he shall inflict upon the latter physical injuries only, he shall preceding articles, but which shall incapacitate the offended
suffer the penalty provided therefor, according to their nature. party for labor for ten days or more, or shall require medical
assistance for the same period, shall be guilty of less serious
In any other case, the combatants shall suffer the penalty physical injuries and shall suffer the penalty of arresto mayor.
of arresto mayor, although no physical injuries have been
inflicted. Whenever less serious physical injuries shall have been
inflicted with the manifest intent to kill or offend the injured
The seconds shall in all events be punished as accomplices. person, or under circumstances adding ignominy to the offense
in addition to the penalty of arresto mayor, a fine not
Article 261. Challenging to a duel. - The penalty of prision exceeding Fifty thousand pesos (P50,000) shall be imposed.
correccional in its minimum period shall be imposed upon any
person who shall challenge another, or incite another to give Any less serious physical injuries inflicted upon the offender's
or accept a challenge to a duel, or shall scoff at or decry parents, ascendants, guardians, curators, teachers, or persons
another publicly for having refused to accept a challenge to of rank, or persons in authority, shall be punished by prision
fight a duel. correccional in its minimum and medium periods, provided
that, in the case of persons in authority, the deed does not
Chapter Two PHYSICAL INJURIES constitute the crime of assault upon such person.

Article 262. Mutilation. - The penalty of reclusion temporal to Article 266. Slight physical injuries and maltreatment. - The
reclusion perpetua shall be imposed upon any person who crime of slight physical injuries shall be punished:
shall intentionally mutilate another by depriving him, either
totally or partially, or some essential organ of reproduction. 1. By arresto menor when the offender has inflicted physical
injuries which shall incapacitate the offended party for labor
Any other intentional mutilation shall be punished by prision from one to nine days, or shall require medical attendance
mayor in its medium and maximum periods. during the same period.

Article 263. Serious physical injuries. - Any person who shall 2. By arresto menor or a fine not exceeding Forty thousand
wound, beat, or assault another, shall be guilty of the crime of pesos (P40,000) and censure when the offender has caused
serious physical injuries and shall suffer: physical injuries which do not prevent the offended party from
engaging in his habitual work nor require medical assistance.
1. The penalty of prision mayor, if in consequence of the
physical injuries inflicted, the injured person shall become 3. By arresto menor in its minimum period or a fine not
insane, imbecile, impotent, or blind; exceeding Five thousand pesos (P5,000) when the offender
shall ill-treat another by deed without causing any injury.
2. The penalty of prision correccional in its medium and
maximum periods, if in consequence of the physical injuries Article 266-A. Rape; When And How Committed. — Rape is
inflicted, the person injured shall have lost the use of speech Committed —
or the power to hear or to smell, or shall have lost an eye, a
hand, a foot, an arm, or a leg or shall have lost the use of any 1) By a man who shall have carnal knowledge of a woman
such member, or shall have become incapacitated for the work under any of the following circumstances:
in which he was therefor habitually engaged;
a) Through force, threat, or intimidation;
3. The penalty of prision correccional in its minimum and
medium periods, if in consequence of the physical injuries b) When the offended party is deprived of reason or otherwise
inflicted, the person injured shall have become deformed, or unconscious;
shall have lost any other part of his body, or shall have lost the
use thereof, or shall have been ill or incapacitated for the c) By means of fraudulent machination or grave abuse of
performance of the work in which he as habitually engaged for authority; and
a period of more than ninety days;
d) When the offended party is under twelve (12) years of age
4. The penalty of arresto mayor in its maximum period to or is demented, even though none of the circumstances
prision correccional in its minimum period, if the physical mentioned above be present.
injuries inflicted shall have caused the illness or incapacity for
labor of the injured person for more than thirty days. 2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of
If the offense shall have been committed against any of the sexual assault by inserting his penis into another person's
persons enumerated in Article 246, or with attendance of any mouth or anal orifice, or any instrument or object, into the
of the circumstances mentioned in Article 248, the case genital or anal orifice of another person.
covered by subdivision number 1 of this Article shall be
punished by reclusion temporal in its medium and maximum Article 266-B. Penalties. — Rape under paragraph 1 of the
periods; the case covered by subdivision number 2 by prision next preceding article shall be punished by reclusion
correccional in its maximum period to prision mayor in its perpetua.
minimum period; the case covered by subdivision number 3
by prision correccional in its medium and maximum periods; Whenever the rape is committed with the use of a deadly
and the case covered by subdivision number 4 by prision weapon or by two or more persons, the penalty shall
correccional in its minimum and medium periods. be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has In case it is the legal husband who is the offender, the
become insane, the penalty shall be reclusion perpetua to subsequent forgiveness by the wife as the offended party shall
death. extinguish the criminal action or the penalty: Provided, That
the crime shall not be extinguished or the penalty shall not be
When the rape is attempted and a homicide is committed by abated if the marriage is void ab initio.
reason or on the occasion thereof, the penalty shall
be reclusion perpetua to death. Article 266-D. Presumptions. — Any physical overt act
manifesting resistance against the act of rape in any degree
When by reason or on the occasion of the rape, homicide is from the offended party, or where the offended party is so
committed, the penalty shall be death. situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts
The death penalty shall also be imposed if the crime of rape is punished under Article 266-A.
committed with any of the following aggravating/qualifying
circumstances: (as created by The Anti-Rape Law of 1997, Republic Act No.
8353, [September 30, 1997])
1) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil degree, or
Title Nine CRIMES AGAINST PERSONAL LIBERTY
the common-law spouse of the parent of the victim;
AND SECURITY
2) When the victim is under the custody of the police or
military authorities or any law enforcement or penal Chapter One CRIMES AGAINST LIBERTY
institution;
Section One. - Illegal Detention
3) When the rape is committed in full view of the spouse,
Article 267. Kidnapping and serious illegal detention. - Any
parent, any of the children or other relatives within the third
private individual who shall kidnap or detain another, or in
civil degree of consanguinity;
any other manner deprive him of his liberty, shall suffer the
4) When the victim is a religious engaged in legitimate penalty of reclusion perpetua to death:
religious vocation or calling and is personally known to be
1. If the kidnapping or detention shall have lasted more than
such by the offender before or at the time of the commission
five days.
of the crime;
2. If it shall have been committed simulating public authority.
5) When the victim is a child below seven (7) years old;
3. If any serious physical injuries shall have been inflicted
6) When the offender knows that he is afflicted with Human
upon the person kidnapped or detained; or if threats to kill him
Immunodeficiency Virus (HIV)/Acquired Immune Deficiency
shall have been made.
Syndrome (AIDS) or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
4. If the person kidnapped or detained shall be a minor, female
or a public officer.
7) When committed by any member of the Armed Forces of
the Philippines or para-military units thereof or the Philippine
The penalty shall be death where the kidnapping or detention
National Police or any law enforcement agency or penal
was committed for the purpose of extorting ransom from the
institution, when the offender took advantage of his position to
victim or any other person, even if none of the circumstances
facilitate the commission of the crime;
above-mentioned were present in the commission of the
offense.
8) When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability;
When the victim is killed or dies as a consequence of the
detention or is raped, or is subjected to torture or
9) When the offender knew of the pregnancy of the offended
dehumanizing acts, the maximum penalty shall be
party at the time of the commission of the crime; and
imposed. (as amended by Republic Act No. 7659, [December
10) When the offender knew of the mental disability, 13, 1993])
emotional disorder and/or physical handicap of the offended
Article 268. Slight illegal detention. - The penalty of reclusion
party at the time of the commission of the crime.
temporal shall be imposed upon any private individual who
Rape under paragraph 2 of the next preceding article shall be shall commit the crimes described in the next preceding article
punished by prision mayor. without the attendance of any of circumstances enumerated
therein.
Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall The same penalty shall be incurred by anyone who shall
be prision mayor to reclusion temporal. furnish the place for the perpetration of the crime.

When by reason or on the occasion of the rape, the victim has If the offender shall voluntarily release the person so
become insane, the penalty shall be reclusion temporal. kidnapped or detained within three days from the
commencement of the detention, without having attained the
When the rape is attempted and a homicide is committed by purpose intended, and before the institution of criminal
reason or on the occasion thereof, the penalty shall proceedings against him, the penalty shall be prision mayor in
be reclusion temporal to reclusion perpetua. its minimum and medium periods and a fine not exceeding
One hundred thousand pesos (P100,000)
When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be reclusion perpetua. Article 269. Unlawful arrest. - The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos
Reclusion temporal shall also be imposed if the rape is (P100,000) shall be imposed upon any person who, in any
committed with any of the ten aggravating/qualifying case other than those authorized by law, or without reasonable
circumstances mentioned in this article. ground therefor, shall arrest or detain another for the purpose
of delivering him to the proper authorities.
Article 266-C. Effect of Pardon. — The subsequent valid
marriage between the offender and the offended party shall Section Two. - Kidnapping of minors
extinguish the criminal action or the penalty imposed.
Article 270. Kidnapping and failure to return a minor. - The The provisions contained in the two preceding paragraphs
penalty of reclusion perpetua shall be imposed upon any shall not prevent the imposition of the penalty provided for the
person who, being entrusted with the custody of a minor act committed, when the same shall constitute a more serious
person, shall deliberately fail to restore the latter to his parents offense.
or guardians.
Article 277. Abandonment of minor by person entrusted with
Article 271. Inducing a minor to abandon his home. - The his custody; indifference of parents. - The penalty of arresto
penalty of prision correccional and a fine not exceeding One mayor and a fine not exceeding One hundred thousand pesos
hundred thousand pesos (P100,000) shall be imposed upon (P100,000) shall be imposed upon anyone who, having charge
anyone who shall induce a minor to abandon the home of his of the rearing or education of a minor, shall deliver said minor
parent or guardians or the persons entrusted with his custody. to a public institution or other persons, without the consent of
the one who entrusted such child to his care or in the absence
If the person committing any of the crimes covered by the two of the latter, without the consent of the proper authorities.
preceding articles shall be the father or the mother of the
minor, the penalty shall be arresto mayor or a fine not The same penalty shall be imposed upon the parents who shall
exceeding Forty thousand pesos (P40,000), or both. neglect their children by not giving them the education which
their station in life require and financial conditions permit.
Section Three. - Slavery and Servitude
Article 278. Exploitation of minors. - The penalty of prision
Article 272. Slavery. - The penalty of prision mayor and a fine correccional in its minimum and medium periods and a fine
of not exceeding 10,000 pesos shall be imposed upon anyone not exceeding One hundred thousand pesos (P100,000) shall
who shall purchase, sell, kidnap or detain a human being for be imposed upon:
the purpose of enslaving him.
1. Any person who shall cause any boy or girl under sixteen
If the crime be committed for the purpose of assigning the years of age to perform any dangerous feat of balancing,
offended party to some immoral traffic, the penalty shall be physical strength, or contortion.
imposed in its maximum period.
2. Any person who, being an acrobat, gymnast, rope-walker,
Article 273. Exploitation of child labor. - The penalty of diver, wild-animal tamer or circus manager or engaged in a
prision correccional in its minimum and medium periods and a similar calling, shall employ in exhibitions of these kinds
fine not exceeding 500 pesos shall be imposed upon anyone children under sixteen years of age who are not his children or
who, under the pretext of reimbursing himself of a debt descendants.
incurred by an ascendant, guardian or person entrusted with
the custody of a minor, shall, against the latter's will, retain 3. Any person engaged in any of the callings enumerated in
him in his service. the next paragraph preceding who shall employ any
descendant of his under twelve years of age in such dangerous
Article 274. Services rendered under compulsion in payment exhibitions.
of debt. - The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period shall be imposed 4. Any ascendant, guardian, teacher or person entrusted in any
upon any person who, in order to require or enforce the capacity with the care of a child under sixteen years of age,
payment of a debt, shall compel the debtor to work for him, who shall deliver such child gratuitously to any person
against his will, as household servant or farm laborer. 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.
Chapter Two CRIMES AGAINST SECURITY
In either case, the guardian or curator convicted shall also be
Section One. - Abandonment of helpless persons and removed from office as guardian or curator; and in the case of
exploitation of minors. the parents of the child, they may be deprived, temporarily or
perpetually, in the discretion of the court, of their parental
Article 275. Abandonment of person in danger and authority.
abandonment of one's own victim. - The penalty of arresto
mayor shall be imposed upon: 5. Any person who shall induce any child under sixteen years
of age to abandon the home of its ascendants, guardians,
1. Any one who shall fail to render assistance to any person curators, or teachers to follow any person engaged in any of
whom he shall find in an uninhabited place wounded or in the callings mentioned in paragraph 2 hereof, or to accompany
danger of dying, when he can render such assistance without any habitual vagrant or beggar.
detriment to himself, unless such omission shall constitute a
more serious offense. Article 279. Additional penalties for other offenses. - The
imposition of the penalties prescribed in the preceding articles,
2. Anyone who shall fail to help or render assistance to shall not prevent the imposition upon the same person of the
another whom he has accidentally wounded or injured. penalty provided for any other felonies defined and punished
by this Code.
3. Anyone who, having found an abandoned child under seven
years of age, shall fail to deliver said child to the authorities or Section Two. - Trespass to dwelling
to his family, or shall fail to take him to a safe place.
Article 280. Qualified trespass to dwelling. - Any private
Article 276. Abandoning a minor. - The penalty of arresto person who shall enter the dwelling of another against the
mayor and a fine not exceeding One hundred thousand pesos latter's will shall be punished by arresto mayor and a fine not
(P100,000) shall be imposed upon any one who shall abandon exceeding Two hundred thousand pesos (P200,000) .
a child under seven years of age, the custody of which is
incumbent upon him. If the offense be committed by means of violence or
intimidation, the penalty shall be prision correccional in its
When the death of the minor shall result from such medium and maximum periods and a fine not exceeding Two
abandonment, the culprit shall be punished by prision hundred thousand pesos (P200,000).
correccional in its medium and maximum periods; but if the
life of the minor shall have been in danger only, the penalty The provisions of this article shall not be applicable to any
shall be prision correccional in its minimum and medium person who shall enter another's dwelling for the purpose of
periods. preventing some serious harm to himself, the occupants of the
dwelling or a third person, nor shall it be applicable to any Article 287. Light coercions. - Any person who, by means of
person who shall enter a dwelling for the purpose of rendering violence, shall seize anything belonging to his debtor for the
some service to humanity or justice, nor to anyone who shall purpose of applying the same to the payment of the debt, shall
enter cafes, taverns, inn and other public houses, while the suffer the penalty of arresto mayor in its minimum period and
same are open. a fine equivalent to the value of the thing, but in no case less
than Fifteen thousand pesos (P15,000).
Article 281. Other forms of trespass. - The penalty of arresto
menor or a fine not exceeding Forty thousand pesos (P40,000), Any other coercions or unjust vexations shall be punished
or both, shall be imposed upon any person who shall enter the by arresto menor or a fine ranging from One thousand pesos
closed premises or the fenced estate of another, while either or (P1,000) to Forty thousand pesos (P40,000), or both.
them are uninhabited, if the prohibition to enter be manifest
and the trespasser has not secured the permission of the owner Article 288. Other similar coercions; (Compulsory purchase
or the caretaker thereof. of merchandise and payment of wages by means of tokens.) -
The penalty of arresto mayor or a fine ranging from Forty
Section Three. - Threats and Coercion thousand pesos (P40,000) to One hundred thousand pesos
(P100,000), or both, shall be imposed upon any person, agent
Article 282. Grave threats. - Any person who shall threaten or officer, of any association or corporation who shall force or
another with the infliction upon the person, honor or property compel, directly or indirectly, or shall knowingly permit any
of the latter or of his family of any wrong amounting to a laborer or employee employed by him or by such firm or
crime, shall suffer: corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
1. The penalty next lower in degree than that prescribed by
law for the crime be threatened to commit, if the offender shall The same penalties shall be imposed upon any person who
have made the threat demanding money or imposing any other shall pay the wages due a laborer or employee employed by
condition, even though not unlawful, and said offender shall him, by means of tokens or objects other than the legal tender
have attained his purpose. If the offender shall not have currency of the laborer or employee.
attained his purpose, the penalty lower by two degrees shall be
imposed. Article 289. Formation, maintenance and prohibition of
combination of capital or labor through violence or threats. -
If the threat be made in writing or through a middleman, the The penalty of arresto mayor and a fine not exceeding Sixty
penalty shall be imposed in its maximum period. thousand pesos (P60,000) shall be imposed upon any person
who, for the purpose of organizing, maintaining or preventing
2. The penalty of arresto mayor and a fine not exceeding One coalitions or capital or labor, strike of laborers or lock-out of
hundred thousand pesos (P100,000), if the threat shall not employees, shall employ violence or threats in such a degree
have been made subject to a condition. as to compel or force the laborers or employers in the free and
legal exercise of their industry or work, if the act shall not
Article 283. Light threats. - Any threat to commit a wrong not constitute a more serious offense in accordance with the
constituting a crime, made in the manner expressed in provisions of this Code.
subdivision 1 of the next preceding article, shall be punished
by arresto mayor. Chapter Three DISCOVERY AND REVELATION OF
SECRETS
Article 284. Bond for good behavior. - In all cases falling
within the two next preceding articles, the person making the Article 290. Discovering secrets through seizure of
threats may also be required to give bail not to molest the correspondence. - The penalty of prision correccional in its
person threatened, or if he shall fail to give such bail, he shall minimum and medium periods and a fine not exceeding One
be sentenced to destierro. hundred thousand pesos (P100,000) shall be imposed upon
any private individual who in order to discover the secrets of
Article 285. Other light threats. - The penalty of arresto another, shall seize his papers or letters and reveal the contents
menor in its minimum period or a fine not exceeding Forty thereof.
thousand pesos (P40,000) shall be imposed upon:
If the offender shall not reveal such secrets, the penalty shall
1. Any person who, without being included in the provisions be arresto mayor and a fine not exceeding One hundred
of the next preceding article, shall threaten another with a thousand pesos (P100,000).
weapon or draw such weapon in a quarrel, unless it be in
lawful self-defense. The provision shall not be applicable to parents, guardians, or
persons entrusted with the custody of minors with respect to
2. Any person who, in the heat of anger, shall orally threaten the papers or letters of the children or minors placed under
another with some harm not constituting a crime, and who by their care or study, nor to spouses with respect to the papers or
subsequent acts show that he did not persist in the idea letters of either of them.
involved in his threat, provided that the circumstances of the
offense shall not bring it within the provisions of Article 282 Article 291. Revealing secrets with abuse of office. - The
of this Code. penalty of arresto mayor and a fine not exceeding One
hundred thousand pesos (P100,000) shall be imposed upon
3. Any person who shall orally threaten to do another any any manager, employee, or servant who, in such capacity,
harm not constituting a felony. shall learn the secrets of his principal or master and shall
reveal such secrets.
Article 286. Grave coercions. - The penalty of prision
correccional and a fine not exceeding One hundred thousand Article 292. Revelation of industrial secrets. - The penalty of
pesos (P100,000) shall be imposed upon any person who, prision correccional in its minimum and medium periods and a
without any authority of law, shall, by means of violence, fine not exceeding One hundred thousand pesos (P100,000)
threats or intimidation, prevent another from doing something shall be imposed upon the person in charge, employee or
not prohibited by law, or compel him to do something against workman of any manufacturing or industrial establishment
his will, whether it be right or wrong. who, to the prejudice of the owner thereof, shall reveal the
secrets of the industry of the latter.
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, to prevent him from exercising such
Title Ten CRIMES AGAINST PROPERTY
right or from so doing such act, the penalty next higher in
degree shall be imposed. (Republic Act No. 7890, [February
Chapter One ROBBERY IN GENERAL
20, 1995])
Article 293. Who are guilty of robbery. - Any person who, Article 298. Execution of deeds by means of violence or
with intent to gain, shall take any personal property belonging intimidation. - Any person who, with intent to defraud
to another, by means of violence or intimidation of any another, by means of violence or intimidation, shall compel
person, or using force upon anything shall be guilty of him to sign, execute or deliver any public instrument or
robbery. documents, shall be held guilty of robbery and punished by the
penalties respectively prescribed in this Chapter.
Section One. - Robbery with violence or intimidation of
persons. Section Two. - Robbery by the use of force upon things

Article 294. Robbery with violence against or intimidation of Article 299. Robbery in an inhabited house or public building
persons; Penalties. - Any person guilty of robbery with the or edifice devoted to worship. - Any armed person who shall
use of violence against or intimidation of any person shall commit robbery in an inhabited house or public building or
suffer: edifice devoted to religious worship, shall be punished by
reclusion temporal, if the value of the property taken shall
1. The penalty of reclusion perpetua to death, when by reason exceed Fifty thousand pesos (P50,000), and if:
or on occasion of the robbery, the crime of homicide shall
have been committed, or when the robbery shall have been (a) The malefactors shall enter the house or building in which
accompanied by rape or intentional mutilation or arson. the robbery was

2. The penalty of reclusion temporal in its medium period committed, by any of the following means:
to reclusion perpetua, when or if by reason or on occasion of
such robbery, any of the physical injuries penalized in 1. Through a opening not intended for entrance or egress.
subdivision 1 of Article 263 shall have been inflicted.
2. By breaking any wall, roof, or floor or breaking any door or
3. The penalty of reclusion temporal, when by reason or on window.
occasion of the robbery, any of the physical injuries penalized
in subdivision 2 of the article mentioned in the next preceding 3. By using false keys, picklocks or similar tools.
paragraph, shall have been inflicted.
4. By using any fictitious name or pretending the exercise of
4. The penalty of prision mayor in its maximum period public authority.
to reclusion temporal in its medium period, if the violence or
intimidation employed in the commission of the robbery shall Or if -
have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its (b) The robbery be committed under any of the following
execution, the offender shall have inflicted upon any person circumstances:
not responsible for its commission any of the physical injuries
covered by subdivisions 3 and 4 of said Article 263. 1. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle;
5. The penalty of prision correccional in its maximum period
to prision mayor in its medium period in other cases. 2. By taking such furniture or objects to be broken or forced
open outside the place of the robbery.
(as amended by Republic Act No. 7659, [December 13, 1993])
When the offenders do not carry arms, and the value of the
Article 295. Robbery with physical injuries, committed in an property taken exceeds Fifty thousand pesos (P50,000), the
uninhabited place and by a band, or with the use of firearm on penalty next lower in degree shall be imposed.
a street, road or alley. - If the offenses mentioned in
subdivisions three, four, and five of the next preceding article The same rule shall be applied when the offenders are armed,
shall have been committed in an uninhabited place or by a but the value of the property taken does not exceed Fifty
band, or by attacking a moving train, street car, motor vehicle thousand pesos (P50,000).
or airship, or by entering the passenger's compartments in a
train or, in any manner, taking the passengers thereof by When said offenders do not carry arms and the value of the
surprise in the respective conveyances, or on a street, road, property taken does not exceed Fifty thousand pesos
highway, or alley, and the intimidation is made with the use of (P50,000), they shall suffer the penalty prescribed in the two
a firearm, the offender shall be punished by the maximum next preceding paragraphs, in its minimum period.
period of the proper penalties.
If the robbery be committed in one of the dependencies of an
In the same cases, the penalty next higher in degree shall be inhabited house, public building, or building dedicated to
imposed upon the leader of the band. religious worship, the penalties next lower in degree than
those prescribed in this article shall be imposed.
Article 296. Definition of a band and penalty incurred by the
members thereof. - When more than three armed malefactors Article 300. Robbery in an uninhabited place and by a band. -
take part in the commission of a robbery, it shall be deemed to The robbery mentioned in the next preceding article, if
have been committed by a band. When any of the arms used in committed in an uninhabited place and by a band, shall be
the commission of the offense be an unlicensed firearm, the punished by the maximum period of the penalty provided
penalty to be imposed upon all the malefactors shall be the therefor.
maximum of the corresponding penalty provided by law,
without prejudice of the criminal liability for illegal Article 301. What is an inhabited house, public building or
possession of such unlicensed firearms. building dedicated to religious worship and their
dependencies. - Inhabited house means any shelter, ship or
Any member of a band who is present at the commission of a vessel constituting the dwelling of one or more persons, even
robbery by the band, shall be punished as principal of any of though the inhabitants thereof shall temporarily be absent
the assaults committed by the band, unless it be shown that he therefrom when the robbery is committed.
attempted to prevent the same.
All interior courts, corrals, waterhouses, granaries, barns,
Article 297. Attempted and frustrated robbery committed coach-houses, stables or other departments or inclosed places
under certain circumstances. - When by reason or on occasion contiguous to the building or edifice, having an interior
of an attempted or frustrated robbery a homicide is committed, entrance connected therewith, and which form part of the
the person guilty of such offenses shall be punished by whole, shall be deemed dependencies of an inhabited house,
reclusion temporal in its maximum period to reclusion public building or building dedicated to religious worship.
perpetua, unless the homicide committed shall deserve a
higher penalty under the provisions of this Code.
Orchards and other lands used for cultivation or production are Persons found guilty of this offense shall be punished by
not included in the terms of the next preceding paragraph, prision mayor in its medium period to reclusion temporal in its
even if closed, contiguous to the building and having direct minimum period if the act or acts committed by them are not
connection therewith. punishable by higher penalties, in which case, they shall suffer
such high penalties.
The term "public building" includes every building owned by
the Government or belonging to a private person not included If any of the arms carried by any of said persons be an
used or rented by the Government, although temporarily unlicensed firearms, it shall be presumed that said persons are
unoccupied by the same. highway robbers or brigands, and in case of convictions the
penalty shall be imposed in the maximum period.
Article 302. Robbery is an uninhabited place or in a private
building. - Any robbery committed in an uninhabited place or Article 307. Aiding and abetting a band of brigands. - Any
in a building other than those mentioned in the first paragraph person knowingly and in any manner aiding, abetting or
of Article 299, if the value of the property taken exceeds Fifty protecting a band of brigands as described in the next
thousand pesos (P50,000), shall be punished by prision preceding article, or giving them information of the
correccional if any of the following circumstances is present: movements of the police or other peace officers of the
Government (or of the forces of the United States Army),
1. If the entrance has been effected through any opening not when the latter are acting in aid of the Government, or
intended for entrance or egress. acquiring or receiving the property taken by such brigands
shall be punished by prision correccional in its medium period
2. If any wall, roof, flour or outside door or window has been to prision mayor in its minimum period.
broken.
It shall be presumed that the person performing any of the acts
3. If the entrance has been effected through the use of false provided in this article has performed them knowingly, unless
keys, picklocks or other similar tools. the contrary is proven.

4. If any dorm, wardrobe, chest or by sealed or closed Chapter Three THEFT

furniture or receptacle has been broken.
Article 308. Who are liable for theft. - Theft is committed by
5. If any closed or sealed receptacle, as mentioned in the any person who, with intent to gain but without violence
preceding paragraph, has been removed even if the same to against or intimidation of persons nor force upon things, shall
broken open elsewhere. take personal property of another without the latter's consent.

When the value of the property takes does not exceed Fifty Theft is likewise committed by:
thousand pesos (P50,000), the penalty next lower in degree
shall be imposed. 1. Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner;
In the cases specified in Articles 294, 295, 297, 299, 300, and
302 of this Code, when the property taken is mail matter or 2. Any person who, after having maliciously damaged the
large cattle, the offender shall suffer the penalties next higher property of another, shall remove or make use of the fruits or
in degree than those provided in said articles. object of the damage caused by him; and

Article 303. Robbery of cereals, fruits, or firewood in an 3. Any person who shall enter an inclosed estate or a field
uninhabited place or private building. - In the cases where trespass is forbidden or which belongs to another and
enumerated in Articles 299 and 302, when the robbery without the consent of its owner, shall hunt or fish upon the
consists in the taking of cereals, fruits, or firewood, the culprit same or shall gather cereals, or other forest or farm products.
shall suffer the penalty next lower in degree than that
prescribed in said articles. Article 309. Penalties. - 1. The penalty of prisión mayor in its
minimum and medium periods, if the value of the thing stolen
Article 304. Possession of picklocks or similar tools. - Any is more than One million two hundred thousand pesos
person who shall without lawful cause have in his possession (P1,200,000) but does not exceed Two million two hundred
picklocks or similar tools especially adopted to the thousand pesos (P2,200,000); but if the value of the thing
commission of the crime of robbery, shall be punished stolen exceeds the latter amount, the penalty shall be the
by arresto mayor in its maximum period to prision maximum period of the one prescribed in this paragraph, and
correccional in its minimum period. one (1) year for each additional One million pesos
(P1,000,000), but the total of the penalty which may be
The same penalty shall be imposed upon any person who shall imposed shall not exceed twenty (20) years. In such cases, and
make such tools. If the offender be a locksmith, he shall suffer in connection with the accessory penalties which may be
the penalty of prision correccional in its medium and imposed and for the purpose of the other provisions of this
maximum periods. Code, the penalty shall be termed prisión mayor or reclusion
temporal, as the case may be.
Article 305. False keys. - The term "false keys" shall be
deemed to include: 2. The penalty of prisión correccional in its medium and
maximum periods, if the value of the thing stolen is more than
1. The tools mentioned in the next preceding articles. Six hundred thousand pesos (P600,000) but does not exceed
One million two hundred thousand pesos (P1,200,000).
2. Genuine keys stolen from the owner.
3. The penalty of prisión correccional in its minimum and
3. Any keys other than those intended by the owner for use in medium periods, if the value of the property stolen is more
the lock forcibly opened by the offender. than Twenty thousand pesos (P20,000) but does not exceed
Six hundred thousand pesos (P600,000).
Chapter Two BRIGANDAGE
4. Arresto mayor in its medium period to prisión correccional
Article 306. Who are brigands; Penalty. - When more than in its minimum period, if the value of the property stolen is
three armed persons form a band of robbers for the purpose of over Five thousand pesos (P5,000) but does not exceed
committing robbery in the highway, or kidnapping persons for Twenty thousand pesos (P20,000).
the purpose of extortion or to obtain ransom or for any other
purpose to be attained by means of force and violence, they 5. Arresto mayor to its full extent, if such value is over Five
shall be deemed highway robbers or brigands. hundred pesos (P500) but does not exceed Five thousand
pesos (P5,000).
6. Arresto mayor in its minimum and medium periods, if such 1st. The penalty of prisión correccional in its maximum period
value does not exceed Five hundred pesos (P500). to prisión mayor in its minimum period, if the amount of the
fraud is over Two million four hundred thousand pesos
7. Arresto menor or a fine not exceeding Twenty thousand (P2,400,000) but does not exceed Four million four hundred
pesos (P20,000), if the theft is committed under the thousand pesos (P4,400,000), and if such amount exceeds the
circumstances enumerated in paragraph 3 of the next latter sum, the penalty provided in this paragraph shall be
preceding article and the value of the thing stolen does not imposed in its maximum period, adding one year for each
exceed Five hundred pesos (P500). If such value exceeds said additional Two million pesos (P2,000,000); but the total
amount, the provisions of any of the five preceding penalty which may be imposed shall not exceed twenty years.
subdivisions shall be made applicable. In such cases, and in connection with the accessory penalties
which may be imposed and for the purpose of the other
8. Arresto menor in its minimum period or a fine of not provisions of this Code, the penalty shall be termed prisión
exceeding Five thousand pesos (P5,000), when the value of mayor or reclusion temporal, as the case may be.
the thing stolen is not over Five hundred pesos (P500), and the
offender shall have acted under the impulse of hunger, 2nd. The penalty of prisión correccional in its minimum and
poverty, or the difficulty of earning a livelihood for the medium periods, if the amount of the fraud is over One
support of himself or his family. million two hundred thousand pesos (P1,200,000) but does not
exceed Two million four hundred thousand pesos
(as amended by Republic Act No. 10951, [August 29, 2017]) (P2,400,000).

Article 310. Qualified theft. - The crime of theft shall be 3rd. The penalty of arresto mayor in its maximum period to
punished by the penalties next higher by two degrees than prisión correccional in its minimum period, if such amount is
those respectively specified in the next preceding article, if over Forty thousand pesos (P40,000) but does not exceed One
committed by a domestic servant, or with grave abuse of million two hundred thousand pesos (P1,200,000).
confidence, or if the property stolen is motor vehicle, mail
matter or large cattle or consists of coconuts taken from the 4th. By arresto mayor in its medium and maximum periods, if
premises of the plantation or fish taken from a fishpond or such amount does not exceed Forty thousand pesos (P40,000):
fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other calamity, (as amended by Republic Act No. 10951, [August 29, 2017]),
vehicular accident or civil disturbance. (As amended by R.A. provided that in the four cases mentioned, the fraud be
120 and B.P. Blg. 71. May 1, 1980). committed by any of the following means:

Article 311. Theft of the property of the National Library and 1. With unfaithfulness or abuse of confidence, namely:
National Museum. - If the property stolen be any property of
the National Library or the National Museum, the penalty (a) By altering the substance, quantity, or quality or anything
shall be arresto mayor or a fine ranging from Forty thousand of value which the offender shall deliver by virtue of an
pesos (P40,000) to One hundred thousand pesos (P100,000), obligation to do so, even though such obligation be based on
or both, unless a higher penalty should be provided under an immoral or illegal consideration.
other provisions of this Code, in which case, the offender shall
be punished by such higher penalty. (b) By misappropriating or converting, to the prejudice of
another, money, goods, or any other personal property
Chapter Four USURPATION received by the offender in trust or on commission, or for
administration, or under any other obligation involving the
Article 312. Occupation of real property or usurpation of real duty to make delivery of or to return the same, even though
rights in property. - Any person who, by means of violence such obligation be totally or partially guaranteed by a bond; or
against or intimidation of persons, shall take possession of any by denying having received such money, goods, or other
real property or shall usurp any real rights in property property.
belonging to another, in addition to the penalty incurred for
the acts of violence executed by him, shall be punished by a (c) By taking undue advantage of the signature of the offended
fine from 50 to 100 per centum of the gain which he shall have party in blank, and by writing any document above such
obtained, but not less than Fifteen thousand pesos (P15,000). signature in blank, to the prejudice of the offended party or of
any third person.
If the value of the gain cannot be ascertained, a fine of from
Forty thousand pesos (P40,000) to One hundred thousand 2. By means of any of the following false pretenses or
pesos (P100,000) shall be imposed. fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
Article 313. Altering boundaries or landmarks. - Any person
who shall alter the boundary marks or monuments of towns, (a) By using fictitious name, or falsely pretending to possess
provinces, or estates, or any other marks intended to designate power, influence, qualifications, property, credit, agency,
the boundaries of the same, shall be punished by arresto business or imaginary transactions, or by means of other
menor or a fine not exceeding Twenty thousand pesos similar deceits.
(P20,000), or both.
(b) By altering the quality, fineness or weight of anything
Chapter Five CULPABLE INSOLVENCY pertaining to his art or business.

Article 314. Fraudulent insolvency. - Any person who shall (c) By pretending to have bribed any Government employee,
abscond with his property to the prejudice of his creditors, without prejudice to the action for calumny which the
shall suffer the penalty of prision mayor, if he be a merchant offended party may deem proper to bring against the offender.
and the penalty of prision correccional in its maximum period In this case, the offender shall be punished by the maximum
to prision mayor in its medium period, if he be not a merchant. period of the penalty.

Chapter Six SWINDLING AND OTHER DECEITS (d) By post-dating a check, or issuing a check in payment of
an obligation when the offender therein were not sufficient to
Article 315. Swindling (estafa). - Any person who shall cover the amount of the check. The failure of the drawer of the
defraud another by any of the means mentioned hereinbelow check to deposit the amount necessary to cover his check
shall be punished by: within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been dishonored
Any person who shall defraud another by any of the means for lack of insufficiency of funds shall be prima facie evidence
mentioned hereinbelow shall be punished by: of deceit constituting false pretense or fraudulent act. (As
amended by R.A. 4885, approved June 17, 1967.)
Any person who shall defraud another by means of false penalty of arresto mayor and a fine of a sum ranging from 10
pretenses or fraudulent acts as defined in paragraph 2(d) to 50 per cent of the value of the obligation contracted by the
hereof shall be punished by: minor.

1st. The penalty of reclusion temporal in its maximum period, Article 318. Other deceits. - The penalty of arresto mayor and
if the amount of fraud is over Four million four hundred a fine of not less than the amount of the damage caused and
thousand pesos (P4,400,000) but does not exceed Eight not more than twice such amount shall be imposed upon any
million eight hundred thousand pesos (P8,800,000). If the person who shall defraud or damage another by any other
amount exceeds the latter, the penalty shall be reclusion deceit not mentioned in the preceding articles of this chapter.
perpetua.
Any person who, for profit or gain, shall interpret dreams,
2nd. The penalty of reclusion temporal in its minimum and make forecasts, tell fortunes, or take advantage of the credulity
medium periods, if the amount of the fraud is over Two of the public in any other similar manner, shall suffer the
million four hundred thousand pesos (P2,400,000) but does penalty of arresto mayor or a fine not exceeding Forty
not exceed Four million four hundred thousand pesos thousand pesos (P40,000).
(P4,400,000).
Chapter Seven CHATTEL MORTGAGE
3rd. The penalty of prisión mayor in its maximum period, if
the amount of the fraud is over One million two hundred Article 319. Removal, sale or pledge of mortgaged property. -
thousand pesos (P1,200,000) but does not exceed Two million The penalty or arresto mayor or a fine amounting to twice the
four hundred thousand pesos (P2,400,000). value of the property shall be imposed upon:

4th. The penalty of prisión mayor in its medium period, if such 1. Any person who shall knowingly remove any personal
amount is over Forty thousand pesos (P40,000) but does not property mortgaged under the Chattel Mortgage Law to any
exceed One million two hundred thousand pesos (P1,200,000). province or city other than the one in which it was located at
the time of the execution of the mortgage, without the written
5th. By prisión mayor in its minimum period, if such amount consent of the mortgagee, or his executors, administrators or
does not exceed Forty thousand pesos (P40,000). assigns.

(as amended by Republic Act No. 10951, [August 29, 2017]) 2. Any mortgagor who shall sell or pledge personal property
already pledged, or any part thereof, under the terms of the
3. Through any of the following fraudulent means: Chattel Mortgage Law, without the consent of the mortgagee
written on the back of the mortgage and noted on the record
(a) By inducing another, by means of deceit, to sign any hereof in the office of the Register of Deeds of the province
document. where such property is located.

(b) By resorting to some fraudulent practice to insure success

in a gambling game.
Chapter Eight ARSON AND OTHER CRIMES
(c) By removing, concealing or destroying, in whole or in part, INVOLVING DESTRUCTIONS[5]
any court record, office files, document or any other papers.
Article 320. Destructive arson. - The penalty of reclusion
Article 316. Other forms of swindling. - The penalty perpetua to death shall be imposed upon any person who shall
of arresto mayor in its minimum and medium period and a burn:
fine of not less than the value of the damage caused and not
more than three times such value, shall be imposed upon: 1. One (1) or more buildings or edifices, consequent to one
single act of burning, or as a result of simultaneous burnings,
1. Any person who, pretending to be owner of any real or committed on several or different occasions.
property, shall convey, sell, encumber or mortgage the same.
2. Any building of public or private ownership, devoted to the
2. Any person, who, knowing that real property is public in general or where people usually gather or congregate
encumbered, shall dispose of the same, although such for a definite purpose such as, but not limited to official
encumbrance be not recorded. governmental function or business, private transaction,
commerce, trade, workshop, meetings and conferences, or
3. The owner of any personal property who shall wrongfully merely incidental to a definite purpose such as but not limited
take it from its lawful possessor, to the prejudice of the latter to hotels, motels, transient dwellings, public conveyances or
or any third person. stops or terminals, regardless of whether the offender had
knowledge that there are persons in said building or edifice at
4. Any person who, to the prejudice of another, shall execute the time it is set on fire and regardless also of whether the
any fictitious contract. building is actually inhabited or not.
5. Any person who shall accept any compensation given him 3. Any train or locomotive, ship or vessel, airship or airplane,
under the belief that it was in payment of services rendered or devoted to transportation or conveyance, or for public use,
labor performed by him, when in fact he did not actually entertainment or leisure.
perform such services or labor.
4. Any building, factory, warehouse installation and any
6. Any person who, while being a surety in a bond given in a appurtenances thereto, which are devoted to the service of
criminal or civil action, without express authority from the public utilities.
court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell, 5. Any building the burning of which is for the purpose of
mortgage, or, in any other manner, encumber the real property concealing or destroying evidence of another violation of law,
or properties with which he guaranteed the fulfillment of such or for the purpose of concealing bankruptcy or defrauding
obligation. creditors or to collect from insurance.
Article 317. Swindling a minor. - Any person who taking Irrespective of the application of the above enumerated
advantage of the inexperience or emotions or feelings of a qualifying circumstances, the penalty of reclusion perpetua to
minor, to his detriment, shall induce him to assume any death shall likewise be imposed when the arson is perpetrated
obligation or to give any release or execute a transfer of any or committed by two (2) or more persons or by a group of
property right in consideration of some loan of money, credit persons, regardless of whether their purpose is merely to burn
or other personal property, whether the loan clearly appears in or destroy the building or the burning merely constitutes an
the document or is shown in any other form, shall suffer the overt act in the commission or another violation of law.
The penalty of reclusion perpetua to death shall also be (a) If a building used as dwelling located in an uninhabited
imposed upon any person who shall burn: place is set on fire and the damage caused exceeds 1,000
pesos;
1. Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordnance storehouse, archives or general (b) If the value or the damage caused in the case mentioned in
museum of the Government. paragraphs (c) and (d) of subdivision 2 of this article does not
exceed 200 pesos.
2. In an inhabited place, any storehouse or factory of
inflammable or explosive materials. 5. By prision correccional in its medium period to prision
mayor in its minimum period, when the damage caused is over
If as a consequence of the commission of any of the acts 200 pesos but does not exceed 1,000 pesos, and the property
penalized under this Article, death results, the mandatory referred to in paragraph (a) of the preceding subdivision is set
penalty of death shall be imposed. on fire; but when the value of such property does not exceed
200 pesos, the penalty next lower in degree than that
(as amended by Republic Act No. 7659, [December 13, 1993]) prescribed in this subdivision shall be imposed.

Article 321. Other forms of arson. - When the arson consists 6. The penalty of prision correccional in its medium and
in the burning of other property and under the circumstances maximum periods, if the damage caused in the case mentioned
given hereunder, the offender shall be punishable: in paragraph (b) of subdivision 3 of this article does not
exceed 6,000 pesos but is over 200 pesos.
1. By reclusion temporal or reclusion perpetua:
7. The penalty of prision correccional in its minimum and
(a) if the offender shall set fire to any building, farmhouse, medium periods, if the damage caused in the case mentioned
warehouse, hut, shelter, or vessel in port, knowing it to be paragraph (b) subdivision 3 of this article does not exceed 200
occupied at the time by one or more persons; pesos.

(b) If the building burned is a public building and value of the 8. The penalty of arresto mayor and a fine ranging from fifty
damage caused exceeds 6,000 pesos; to one hundred per centum if the damage caused shall be
imposed, when the property burned consists of grain fields,
(c) If the building burned is a public building and the purpose pasture lands, forests, or plantations when the value of such
is to destroy evidence kept therein to be used in instituting property does not exceed 200 pesos. (As amended by R.A.
prosecution for the punishment of violators of the law, 5467, approved May 12, 1969).
irrespective of the amount of the damage;
Article 322. Cases of arson not included in the preceding
(d) If the building burned is a public building and the purpose articles. - Cases of arson not included in the next preceding
is to destroy evidence kept therein to be used in legislative, articles shall be punished:
judicial or administrative proceedings, irrespective of the
amount of the damage; Provided, however, That if the 1. By arresto mayor in its medium and maximum periods,
evidence destroyed is to be used against the defendant for the when the damage caused does not exceed 50 pesos;
prosecution of any crime punishable under existing laws, the
penalty shall be reclusion perpetua; 2. By arresto mayor in its maximum period to prision
correccional in its minimum period, when the damage caused
(e) If the arson shall have been committed with the intention is over 50 pesos but does not exceed 200 pesos;
of collecting under an insurance policy against loss or damage
by fire. 3. By prision correccional in its minimum and medium
periods, if the damage caused is over 200 pesos but does not
2. By reclusion temporal: exceed 1,000 pesos; and

(a) If an inhabited house or any other building in which people 4. By prision correccional in its medium and maximum
are accustomed to meet is set on fire, and the culprit did not periods, if it is over 1,000 pesos.
know that such house or building was occupied at the time, or
if he shall set fire to a moving freight train or motor vehicle, Article 323. Arson of property of small value. - The arson of
and the value of the damage caused exceeds 6,000 pesos; any uninhabited hut, storehouse, barn, shed, or any other
property the value of which does not exceed 25 pesos,
(b) If the value of the damage caused in paragraph (b) of the committed at a time or under circumstances which clearly
preceding subdivision does not exceed 6,000 pesos; exclude all danger of the fire spreading, shall not be punished
by the penalties respectively prescribed in this chapter, but in
(c) If a farm, sugar mill, cane mill, mill central, bamboo accordance with the damage caused and under the provisions
groves or any similar plantation is set on fire and the damage of the following chapter.
caused exceeds 6,000 pesos; and
Article 324. Crimes involving destruction. - Any person who
(d) If grain fields, pasture lands, or forests, or plantings are set shall cause destruction by means of explosion, discharge of
on fire, and the damage caused exceeds 6,000 pesos. electric current, inundation, sinking or stranding of a vessel,
intentional damaging of the engine of said vessel, taking up
3. By prision mayor: the rails from a railway track, maliciously changing railway
signals for the safety of moving trains, destroying telegraph
(a) If the value of the damage caused in the case mentioned in wires and telegraph posts, or those of any other system, and, in
paragraphs (a), general, by using any other agency or means of destruction as
effective as those above enumerated, shall be punished by
(c), and (d) in the next preceding subdivision does not exceed reclusion temporal if the commission has endangered the
6,000 pesos; safety of any person, otherwise, the penalty of prision mayor
shall be imposed.
(b) If a building not used as a dwelling or place of assembly,
located in a populated place, is set on fire, and the damage Article 325. Burning one's own property as means to commit
caused exceeds 6,000 pesos; arson. - Any person guilty of arson or causing great
destruction of the property belonging to another shall suffer
4. By prision correccional in its maximum period to prision the penalties prescribed in this chapter, even though he shall
mayor in its medium period: have set fire to or destroyed his own property for the purposes
of committing the crime.
Article 326. Setting fire to property exclusively owned by the 2. By arresto mayor in its minimum and medium periods, if
offender. - If the property burned shall be the exclusive such value is over Forty thousand pesos (P40,000) but does
property of the offender, he shall be punished by arresto not exceed Two hundred thousand pesos (P200,000); and
mayor in its maximum period to prision correccional in its
minimum period, if the arson shall have been committed for 3. By arresto menor or fine of not less than the value of the
the purpose of defrauding or causing damage to another, or damage caused and not more than Forty thousand pesos
prejudice shall actually have been caused, or if the thing (P40,000), if the amount involved does not exceed Forty
burned shall have been a building in an inhabited place. thousand pesos (P40,000) or cannot be estimated.

Article 326-A. In cases where death resulted as a Article 330. Damage and obstruction to means of
consequence of arson. - If death resulted as a consequence of communication. - The penalty of prision correccional in its
arson committed on any of the properties and under any of the medium and maximum periods shall be imposed upon any
circumstances mentioned in the preceding articles, the court person who shall damage any railway, telegraph or telephone
shall impose the death penalty. lines.

Article 326-B. Prima facie evidence of arson. - Any of the If the damage shall result in any derailment of cars, collision
following circumstances shall constitute prima facie evidence or other accident, the penalty of prision mayor shall be
of arson: imposed, without prejudice to the criminal liability of the
offender for the other consequences of his criminal act.
1. If after the fire, are found materials or substances soaked in
gasoline, kerosene, petroleum, or other inflammables, or any For the purpose of the provisions of the article, the electric
mechanical, electrical chemical or traces or any of the wires, traction cables, signal system and other things
foregoing. pertaining to railways, shall be deemed to constitute an
integral part of a railway system.
2. That substantial amount of inflammable substance or
materials were stored within the building not necessary in the Article 331. Destroying or damaging statues, public
course of the defendant's business; and monuments or paintings. - Any person who shall destroy or
damage statues or any other useful or ornamental public
3. That the fire started simultaneously in more than one part of monument shall suffer the penalty of arresto mayor in its
the building or locale under circumstances that cannot medium period to prision correccional in its minimum period.
normally be due to accidental or unintentional causes:
Provided, however, That at least one of the following is Any person who shall destroy or damage any useful or
present in any of the three above-mentioned circumstances: ornamental painting of a public nature shall suffer the penalty
of arresto menor or a fine not exceeding Forty thousand pesos
(a) That the total insurance carried on the building and/or (P40,000), or both such fine and imprisonment, in the
goods is more than 80 per cent of the value of such building discretion of the court.
and/or goods at the time of the fire;
Chapter Ten EXEMPTION FROM CRIMINAL
(b) That the defendant after the fire has presented a fraudulent LIABILITY IN CRIMES AGAINST PROPERTY
claim for loss.
Article 332. Persons exempt from criminal liability. - No
The penalty of prision correccional shall be imposed on one criminal, but only civil liability, shall result from the
who plants the articles above-mentioned, in order to secure a commission of the crime of theft, swindling or malicious
conviction, or as a means of extortion or coercion. (As mischief committed or caused mutually by the following
amended by R.A. 5467, approved May 12, 1969). persons:

Chapter Nine MALICIOUS MISCHIEF 1. Spouses, ascendants and descendants, or relatives by

affinity in the same line.
Article 327. Who are liable for malicious mischief. - Any
person who shall deliberately cause the property of another 2. The widowed spouse with respect to the property which
any damage not falling within the terms of the next preceding belonged to the deceased spouse before the same shall have
chapter shall be guilty of malicious mischief. passed into the possession of another; and

Article 328. Special cases of malicious mischief. - Any person 3. Brothers and sisters and brothers-in-law and sisters-in-law,
who shall cause damage to obstruct the performance of public if living together.
functions, or using any poisonous or corrosive substance; or
spreading any infection or contagion among cattle; or who The exemption established by this article shall not be
cause damage to the property of the National Museum or applicable to strangers participating in the commission of the
National Library, or to any archive or registry, waterworks, crime.
road, promenade, or any other thing used in common by the
public, shall be punished:
Title Eleven CRIMES AGAINST CHASTITY
1. By prision correccional in its minimum and medium
periods, if the value of the damage caused exceeds Two Chapter One ADULTERY AND CONCUBINAGE
hundred thousand pesos (P200,000);
Article 333. Who are guilty of adultery. - Adultery is
2. By arresto mayor, if such value does not exceed the above committed by any married woman who shall have sexual
mentioned amount but it is over Forty thousand pesos intercourse with a man not her husband and by the man who
(P40,000); and has carnal knowledge of her knowing her to be married, even
if the marriage be subsequently declared void.
3. By arresto menor, in such value does not exceed Forty
thousand pesos (P40,000). Adultery shall be punished by prision correccional in its
medium and maximum periods.
Article 329. Other mischiefs. - The mischiefs not included in
the next preceding article shall be punished: If the person guilty of adultery committed this offense while
being abandoned without justification by the offended spouse,
1. By arresto mayor in its medium and maximum periods, if the penalty next lower in degree than that provided in the next
the value of the damage caused exceeds Two hundred preceding paragraph shall be imposed.
thousand pesos (P200,000);
Article 334. Concubinage. - Any husband who shall keep a
mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman Article 337. Qualified seduction. - The seduction of a virgin
who is not his wife, or shall cohabit with her in any other over twelve years and under eighteen years of age, committed
place, shall be punished by prision correccional in its by any person in public authority, priest, home-servant,
minimum and medium periods. domestic, guardian, teacher, or any person who, in any
capacity, shall be entrusted with the education or custody of
The concubine shall suffer the penalty of destierro. the woman seduced, shall be punished by prision correccional
in its minimum and medium periods.
Chapter Two RAPE AND ACTS OF LASCIVIOUSNESS
The penalty next higher in degree shall be imposed upon any
Article 335. When and how rape is committed. - Rape is person who shall seduce his sister or descendant, whether or
committed by having carnal knowledge of a woman under any not she be a virgin or over eighteen years of age.
of the following circumstances:
Under the provisions of this Chapter, seduction is committed
1. By using force or intimidation; when the offender has carnal knowledge of any of the persons
and under the circumstances described herein.
2. When the woman is deprived of reason or otherwise
unconscious; and Article 338. Simple seduction. - The seduction of a woman
who is single or a widow of good reputation, over twelve but
3. When the woman is under twelve years of age or is under eighteen years of age, committed by means of deceit,
demented. shall be punished by arresto mayor.

The crime of rape shall be punished by reclusion perpetua. Article 339. Acts of lasciviousness with the consent of the
offended party. - The penalty of arresto mayor shall be
Whenever the crime of rape is committed with the use of a imposed to punish any other acts of lasciviousness committed
deadly weapon or by two or more persons, the penalty shall by the same persons and the same circumstances as those
be reclusion perpetua to death. provided in Articles 337 and 338.

When by reason or on the occasion of the rape, the victim has Article 340. Corruption of minors. - Any person who shall
become insane, the penalty shall be death. promote or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another, shall be punished by
When the rape is attempted or frustrated and a homicide is prision mayor, and if the culprit is a public officer or
committed by reason or on the occasion thereof, the penalty employee, including those in government-owned or controlled
shall be reclusion perpetua to death. corporations, he shall also suffer the penalty of temporary
absolute disqualification. (As amended by Batas Pambansa
When by reason or on the occasion of the rape, a homicide is Blg. 92).
committed, the penalty shall be death.
Article 341. White slave trade. - The penalty of prision mayor
The death penalty shall also be imposed if the crime of rape is in its medium and maximum period shall be imposed upon
committed with any of the following attendant circumstances: any person who, in any manner, or under any pretext, shall
engage in the business or shall profit by prostitution or shall
1. when the victim is under eighteen (18) years of age and the enlist the services of any other for the purpose of prostitution
offender is a parent, ascendant, step-parent, guardian, relative (As amended by Batas Pambansa Blg. 186.)
by consanguinity or affinity within the third civil degree, or
the common-law-spouse of the parent of the victim. Chapter Four ABDUCTION

2. when the victim is under the custody of the police or Article 342. Forcible abduction. - The abduction of any
military authorities. woman against her will and with lewd designs shall be
punished by reclusion temporal.
3. when the rape is committed in full view of the husband,
parent, any of the children or other relatives within the third The same penalty shall be imposed in every case, if the female
degree of consanguinity. abducted be under twelve years of age.

4. when the victim is a religious or a child below seven (7) Article 343. Consented abduction. - The abduction of a virgin
years old. over twelve years and under eighteen years of age, carried out
with her consent and with lewd designs, shall be punished by
5. when the offender knows that he is afflicted with Acquired the penalty of prision correccional in its minimum and
Immune Deficiency Syndrome (AIDS) disease. medium periods.

6. when committed by any member of the Armed Forces of Chapter Five PROVISIONS RELATIVE TO THE
the Philippines or the Philippine National Police or any law PRECEDING CHAPTERS OF TITLE ELEVEN
enforcement agency.
Article 344. Prosecution of the crimes of adultery,
7. when by reason or on the occasion of the rape, the victim concubinage, seduction, abduction, rape and acts of
has suffered permanent physical mutilation. lasciviousness. - The crimes of adultery and concubinage shall
not be prosecuted except upon a complaint filed by the
(As amended by R.A. 2632, approved June 18, 1960, and R.A. offended spouse.
4111, approved June 20, 1964, Republic Act No. 7659,
[December 13, 1993]). The offended party cannot institute criminal prosecution
without including both the guilty parties, if they are both alive,
(deemed repealed by The Anti-Rape Law of 1997, Republic nor, in any case, if he shall have consented or pardoned the
Act No. 8353, [September 30, 1997]) offenders.
Article 336. Acts of lasciviousness. - Any person who shall The offenses of seduction, abduction, rape or acts of
commit any act of lasciviousness upon other persons of either lasciviousness, shall not be prosecuted except upon a
sex, under any of the circumstances mentioned in the complaint filed by the offended party or her parents,
preceding article, shall be punished by prision correccional. grandparents, or guardian, nor, in any case, if the offender has
been expressly pardoned by the above named persons, as the
Chapter Three SEDUCTION, CORRUPTION OF case may be.
MINORS AND WHITE SLAVE TRADE
In cases of seduction, abduction, acts of lasciviousness and
rape, the marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already maximum periods shall be imposed upon any person who,
imposed upon him. The provisions of this paragraph shall also without being included in the provisions of the next
be applicable to the co-principals, accomplices and accessories proceeding article, shall have not been complied with or that
after the fact of the above-mentioned crimes. the marriage is in disregard of a legal impediment.

Article 345. Civil liability of persons guilty of crimes against If either of the contracting parties shall obtain the consent of
chastity. - Person guilty of rape, seduction or abduction, shall the other by means of violence, intimidation or fraud, he shall
also be sentenced: be punished by the maximum period of the penalty provided
in the next preceding paragraph.
1. To indemnify the offended woman.
Article 351. Premature marriages. - Any widow who shall
2. To acknowledge the offspring, unless the law should marry within three hundred and one day from the date of the
prevent him from so doing. death of her husband, or before having delivered if she shall
have been pregnant at the time of his death, shall be punished
3. In every case to support the offspring. by arresto mayor and a fine not exceeding 500 pesos.

The adulterer and the concubine in the case provided for in The same penalties shall be imposed upon any woman whose
Articles 333 and 334 may also be sentenced, in the same marriage shall have been annulled or dissolved, if she shall
proceeding or in a separate civil proceeding, to indemnify for marry before her delivery or before the expiration of the
damages caused to the offended spouse. period of three hundred and one day after the legal
separation. (repealed by RA No 10655, March 13, 2015)
Article 346. Liability of ascendants, guardians, teachers, or
other persons entrusted with the custody of the offended Article 352. Performance of illegal marriage ceremony. -
party. - The ascendants, guardians, curators, teachers and any Priests or ministers of any religious denomination or sect, or
person who, by abuse of authority or confidential civil authorities who shall perform or authorize any illegal
relationships, shall cooperate as accomplices in the marriage ceremony shall be punished in accordance with the
perpetration of the crimes embraced in chapters, second, third provisions of the Marriage Law.
and fourth, of this title, shall be punished as principals.

Teachers or other persons in any other capacity entrusted with Title Thirteen CRIMES AGAINST HONOR
the education and guidance of youth, shall also suffer the
penalty of temporary special disqualification in its maximum Chapter One LIBEL
period to perpetual special disqualification.
Section One. - Definitions, forms, and punishment of this
Any person falling within the terms of this article, and any crime.
other person guilty of corruption of minors for the benefit of
another, shall be punished by special disqualification from Article 353. Definition of libel. - A libel is public and
filling the office of guardian. malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
Title Twelve CRIMES AGAINST THE CIVIL STATUS contempt of a natural or juridical person, or to blacken the
OF PERSONS memory of one who is dead.

Chapter One SIMULATION OF BIRTHS AND Article 354. Requirement for publicity. - Every defamatory
USURPATION OF CIVIL STATUS imputation is presumed to be malicious, even if it be true, if no
good intention and justifiable motive for making it is shown,
Article 347. Simulation of births, substitution of one child for except in the following cases:
another and concealment or abandonment of a legitimate
child. - The simulation of births and the substitution of one 1. A private communication made by any person to another in
child for another shall be punished by prision mayor and a fine the performance of any legal, moral or social duty; and
of not exceeding Two hundred thousand pesos (P200,000).
2. A fair and true report, made in good faith, without any
The same penalties shall be imposed upon any person who comments or remarks, of any judicial, legislative or other
shall conceal or abandon any legitimate child with intent to official proceedings which are not of confidential nature, or of
cause such child to lose its civil status. any statement, report or speech delivered in said proceedings,
or of any other act performed by public officers in the exercise
Any physician or surgeon or public officer who, in violation of of their functions.
the duties of his profession or office, shall cooperate in the
execution of any of the crimes mentioned in the two next Article 355. Libel means by writings or similar means. - A
preceding paragraphs, shall suffer the penalties therein libel committed by means of writing, printing, lithography,
prescribed and also the penalty of temporary special engraving, radio, phonograph, painting, theatrical exhibition,
disqualification. cinematographic exhibition, or any similar means, shall be
punished by prision correccional in its minimum and medium
Article 348. Usurpation of civil status. - The penalty of periods or a fine ranging from Forty thousand pesos (P40,000)
prision mayor shall be imposed upon any person who shall to One million two hundred thousand pesos (P1,200,000), or
usurp the civil status of another, should he do so for the both, in addition to the civil action which may be brought by
purpose of defrauding the offended party or his heirs; the offended party.
otherwise, the penalty of prision correccional in its medium
and maximum periods shall be imposed. Article 356. Threatening to publish and offer to present such
publication for a compensation. - The penalty of arresto
Chapter Two ILLEGAL MARRIAGES mayor or a fine from Forty thousand pesos (P40,000) to Four
hundred thousand pesos (P400,000), or both, shall be imposed
Article 349. Bigamy. - The penalty of prision mayor shall be upon any person who threatens another to publish a libel
imposed upon any person who shall contract a second or concerning him or the parents, spouse, child, or other
subsequent marriage before the former marriage has been members of the family of the latter or upon anyone who shall
legally dissolved, or before the absent spouse has been offer to prevent the publication of such libel for a
declared presumptively dead by means of a judgment rendered compensation or money consideration.
in the proper proceedings.
Article 357. Prohibited publication of acts referred to in the
Article 350. Marriage contracted against provisions of laws. - course of official proceedings. - The penalty of arresto
The penalty of prision correccional in its medium and mayor or a fine of from Forty thousand pesos (P40,000) to
Two hundred thousand pesos (P200,000), or both, shall be 1289, approved June 15, 1955, R.A. 4363, approved June 19,
imposed upon any reporter, editor or manager or a newspaper, 1965).
daily or magazine, who shall publish facts connected with the
private life of another and offensive to the honor, virtue and Article 361. Proof of the truth. - In every criminal prosecution
reputation of said person, even though said publication be for libel, the truth may be given in evidence to the court and if
made in connection with or under the pretext that it is it appears that the matter charged as libelous is true, and,
necessary in the narration of any judicial or administrative moreover, that it was published with good motives and for
proceedings wherein such facts have been mentioned. justifiable ends, the defendants shall be acquitted.

Article 358. Slander. - Oral defamation shall be punished Proof of the truth of an imputation of an act or omission not
by arresto mayor in its maximum period to prision constituting a crime shall not be admitted, unless the
correccional in its minimum period if it is of a serious and imputation shall have been made against Government
insulting nature; otherwise the penalty shall be arresto employees with respect to facts related to the discharge of
menor or a fine not exceeding Twenty thousand pesos their official duties.
(P20,000).
In such cases if the defendant proves the truth of the
Article 359. Slander by deed. - The penalty of arresto imputation made by him, he shall be acquitted.
mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from Twenty thousand Article 362. Libelous remarks. - Libelous remarks or
pesos (P20,000) to One hundred thousand pesos (P100,000) comments connected with the matter privileged under the
shall be imposed upon any person who shall perform any act provisions of Article 354, if made with malice, shall not
not included and punished in this title, which shall cast exempt the author thereof nor the editor or managing editor of
dishonor, discredit or contempt upon another person. If said a newspaper from criminal liability.
act is not of a serious nature, the penalty shall be arresto
menor or a fine not exceeding Twenty thousand pesos Chapter Two INCRIMINATORY MACHINATIONS
(P20,000).
Article 363. Incriminating innocent person. - Any person
Section Two. - General provisions who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the commission of
Article 360. Persons responsible. - Any person who shall a crime, shall be punished by arresto menor.
publish, exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means, shall be Article 364. Intriguing against honor. - The penalty
responsible for the same. of arresto menor or fine not exceeding Twenty thousand pesos
(P20,000) shall be imposed for any intrigue which has for its
The author or editor of a book or pamphlet, or the editor or principal purpose to blemish the honor or reputation of a
business manager of a daily newspaper, magazine or serial person.
publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
Title Fourteen QUASI-OFFENSES
The criminal and civil action for damages in cases of written
defamations as provided for in this chapter, shall be filed Sole Chapter CRIMINAL NEGLIGENCE
simultaneously or separately with the court of first instance of
the province or city where the libelous article is printed and Article 365. Imprudence and negligence. -Any person who,
first published or where any of the offended parties actually by reckless imprudence, shall commit any act which, had it
resides at the time of the commission of the offense: Provided, been intentional, would constitute a grave felony, shall suffer
however, That where one of the offended parties is a public the penalty of arresto mayor in its maximum period to prisión
officer whose office is in the City of Manila at the time of the correccional in its medium period; if it would have constituted
commission of the offense, the action shall be filed in the a less grave felony, the penalty of arresto mayor in its
Court of First Instance of the City of Manila, or of the city or minimum and medium periods shall be imposed; if it would
province where the libelous article is printed and first have constituted a light felony, the penalty of arresto menor in
published, and in case such public officer does not hold office its maximum period shall be imposed.
in the City of Manila, the action shall be filed in the Court of
First Instance of the province or city where he held office at Any person who, by simple imprudence or negligence, shall
the time of the commission of the offense or where the commit an act which would otherwise constitute a grave
libelous article is printed and first published and in case one of felony, shall suffer the penalty of arresto mayor in its medium
the offended parties is a private individual, the action shall be and maximum periods; if it would have constituted a less
filed in the Court of First Instance of the province or city serious felony, the penalty of arresto mayor in its minimum
where he actually resides at the time of the commission of the period shall be imposed.
offense or where the libelous matter is printed and first
published: Provided, further, That the civil action shall be filed When the execution of the act covered by this article shall
in the same court where the criminal action is filed and vice have only resulted in damage to the property of another, the
versa: Provided, furthermore, That the court where the offender shall be punished by a fine ranging from an amount
criminal action or civil action for damages is first filed, shall equal to the value of said damages to three (3) times such
acquire jurisdiction to the exclusion of other courts: And, value, but which shall in no case be less than Five thousand
provided, finally, That this amendment shall not apply to cases pesos (P5,000).
of written defamations, the civil and/or criminal actions which
have been filed in court at the time of the effectivity of this A fine not exceeding Forty thousand pesos (P40,000) and
law. censure shall be imposed upon any person, who, by simple
imprudence or negligence, shall cause some wrong which, if
Preliminary investigation of criminal action for written done maliciously, would have constituted a light felony.
defamations as provided for in the chapter shall be conducted
by the provincial or city fiscal of the province or city, or by In the imposition of these penalties, the court shall exercise
the municipal court of the city or capital of the province where their sound discretion, without regard to the rules prescribed in
such action may be instituted in accordance with the Article 64.
provisions of this article.
The provisions contained in this article shall not be applicable:
No criminal action for defamation which consists in the
imputation of a crime which cannot be prosecuted de oficio 1. When the penalty provided for the offense is equal to or
shall be brought except at the instance of and upon complaint lower than those provided in the first two (2) paragraphs of
expressly filed by the offended party. (As amended by R.A. 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 prisión
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.

(As amended by R.A. 1790, approved June 21, 1957, Republic

Act No. 10951, [August 29, 2017]).

Title Fifteen FINAL PROVISIONS

Article 366. Application of laws enacted prior to this Code. -

Without prejudice to the provisions contained in Article 22 of
this Code, felonies and misdemeanors, committed prior to the
date of effectiveness of this Code shall be punished in
accordance with the Code or Acts in force at the time of their
commission.

Article 367. Repealing Clause. - Except as is provided in the

next preceding article, the present Penal Code, the Provisional
Law for the application of its provisions, and Acts Nos. 277,
282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754,
1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300,
2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298,
3309, 3313, 3397, 3559, and 3586, are hereby repealed.

The provisions of the Acts which are mentioned hereunder are

also repealed, namely:
Act 666, Sections 6 and 18.
Act 1508, Sections 9, 10, 11, and 12.
Act 1524, Sections 1, 2, and 6.
Act 1697, Sections 3 and 4.
Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.
Act 2381, Sections 2, 3, 4, 6, 8, and 9.
Act 2711, Sections 102, 2670, 2671, and 2672.
Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58,
series of 1900, Section 106.
And all laws and parts of laws which are contrary to the
provisions of this Code are hereby repealed.