AN ACT REVISING THE PENAL CODE AND

OTHER PENAL LAWS Art. 3. Definitions. — Acts and omissions

(December 8, 1930) punishable by law are felonies
(delitos).chanrobles virtual law library
Preliminary Article — This law shall be known Felonies are committed not only be means
as "The Revised Penal Code." of deceit (dolo) but also by means of fault
BOOK ONE (culpa).chanrobles virtual law library
GENERAL PROVISIONS REGARDING THE There is deceit when the act is performed
DATE OF with deliberate intent and there is fault
ENFORCEMENT AND APPLICATION OF THE when the wrongful act results from
PROVISIONS imprudence, negligence, lack of foresight, or
OF THIS CODE, AND REGARDING THE lack of skill.chanrobles virtual law library
OFFENSES, THE Art. 4. Criminal liability. — Criminal liability
PERSONS LIABLE AND THE PENALTIES shall be incurred:
1. By any person committing a felony
Preliminary Title (delito) although the wrongful act done be
different from that which he
DATE OF EFFECTIVENESS AND APPLICATION intended.chanrobles virtual law library
OF THE PROVISIONS OF THIS CODE 2. By any person performing an act which
would be an offense against persons or
Article 1. Time when Act takes effect. — This property, were it not for the inherent
Code shall take effect on the first day of impossibility of its accomplishment or an
January, nineteen hundred and thirty- account of the employment of inadequate or
two.chanrobles virtual law library ineffectual means.chanrobles virtual law
Art. 2. Application of its provisions. — library
Except as provided in the treaties and laws Art. 5. Duty of the court in connection with
of preferential application, the provisions of acts which should be repressed but which
this Code shall be enforced not only within are not covered by the law, and in cases of
the Philippine Archipelago, including its excessivepenalties.chanrobles virtual law
atmosphere, its interior waters and library — Whenever a court has knowledge
maritime zone, but also outside of its of any act which it may deem proper to
jurisdiction, against those who: repress and which is not punishable by law,
1. Should commit an offense while on a it shall render the proper decision, and shall
Philippine ship or airship report to the Chief Executive, through the
2. Should forge or counterfeit any coin or Department of Justice, the reasons which
currency note of the Philippine Islands or induce the court to believe that said act
obligations and securities issued by the should be made the subject of
Government of the Philippine Islands; chan legislation.chanrobles virtual law library
robles virtual law library In the same way, the court shall submit to
3. Should be liable for acts connected with the Chief Executive, through the
the introduction into these islands of the Department of Justice, such statement as
obligations and securities mentioned in the may be deemed proper, without suspending
presiding number; the execution of the sentence, when a strict
4. While being public officers or employees, enforcement of the provisions of this Code
should commit an offense in the exercise of would result in the imposition of a clearly
their functions; or excessive penalty, taking into consideration
5. Should commit any of the crimes against the degree of malice and the injury caused
national security and the law of nations, by the offense.chanrobles virtual law library
defined in Title One of Book Two of this Art. 6. Consummated, frustrated, and
Code.chanrobles virtual law library attempted felonies. — Consummated
Title One felonies as well as those which are
FELONIES AND CIRCUMSTANCES frustrated and attempted, are
WHICH AFFECT CRIMINAL LIABILITY punishable.chanrobles virtual law library
Chapter One A felony is consummated when all the
FELONIES elements necessary for its execution and

1
accomplishment are present; and it is provisions of this Code. This Code shall be
frustrated when the offender performs all supplementary to such laws, unless the
the acts of execution which would produce latter should specially provide the
the felony as a consequence but which, contrary.chanrobles virtual law library
nevertheless, do not produce it by reason of
causes independent of the will of the Chapter Two
perpetrator.chanrobles virtual law library JUSTIFYING CIRCUMSTANCES
There is an attempt when the offender AND CIRCUMSTANCES WHICH EXEMPT
commences the commission of a felony FROM CRIMINAL LIABILITY
directly or over acts, and does not perform
all the acts of execution which should Art. 11. Justifying circumstances. — The
produce the felony by reason of some cause following do not incur any criminal liability:
or accident other than this own spontaneous
desistance.chanrobles virtual law library 1. Anyone who acts in defense of his person
Art. 7. When light felonies are punishable. — or rights, provided that the following
Light felonies are punishable only when circumstances concur;
they have been consummated, with the
exception of those committed against First. Unlawful aggression.chanrobles
person or property.chanrobles virtual law virtual law library
library chan robles virtual law library Second. Reasonable necessity of the means
Art. 8. Conspiracy and proposal to commit employed to prevent or repel it.chanrobles
felony. — Conspiracy and proposal to virtual law library
commit felony are punishable only in the Third. Lack of sufficient provocation on the
cases in which the law specially provides a part of the person defending
penalty therefor.chanrobles virtual law himself.chanrobles virtual law library
library 2. Any one who acts in defense of the
A conspiracy exists when two or more person or rights of his spouse, ascendants,
persons come to an agreement concerning descendants, or legitimate, natural or
the commission of a felony and decide to adopted brothers or sisters, or his relatives
commit it.chanrobles virtual law library by affinity in the same degrees and those
There is proposal when the person who has consanguinity within the fourth civil degree,
decided to commit a felony proposes its provided that the first and second requisites
execution to some other person or prescribed in the next preceding
persons.chanrobles virtual law library circumstance are present, and the further
Art. 9. Grave felonies, less grave felonies requisite, in case the revocation was given
and light felonies. — Grave felonies are by the person attacked, that the one making
those to which the law attaches the capital defense had no part therein.chanrobles
punishment or penalties which in any of virtual law library
their periods are afflictive, in accordance 3. Anyone who acts in defense of the person
with Art. 25 of this Code.chanrobles virtual or rights of a stranger, provided that the
law library first and second requisites mentioned in the
Less grave felonies are those which the law first circumstance of this Art. are present
punishes with penalties which in their and that the person defending be not
maximum period are correctional, in induced by revenge, resentment, or other
accordance with the above-mentioned evil motive.chanrobles virtual law library
Art..chanrobles virtual law library 4. Any person who, in order to avoid an evil
Light felonies are those infractions of law or injury, does not act which causes damage
for the commission of which a penalty of to another, provided that the following
arrest menor or a fine not exceeding 200 requisites are present;
pesos or both; is provided.chanrobles virtual
law library First. That the evil sought to be avoided
Art. 10. Offenses not subject to the actually exists;
provisions of this Code. — Offenses which Second. That the injury feared be greater
are or in the future may be punishable than that done to avoid it;
under special laws are not subject to the Third. That there be no other practical and

2
less harmful means of preventing Chapter Three
it.chanrobles virtual law library CIRCUMSTANCES WHICH
5. Any person who acts in the fulfillment of MITIGATE CRIMINAL LIABILITY
a duty or in the lawful exercise of a right or
office.chanrobles virtual law library Art. 13. Mitigating circumstances. — The
6. Any person who acts in obedience to an following are mitigating circumstances;
order issued by a superior for some lawful 1. Those mentioned in the preceding
purpose.chanrobles virtual law library chapter, when all the requisites necessary
Art. 12. Circumstances which exempt from to justify or to exempt from criminal liability
criminal liability. — the following are in the respective cases are not
exempt from criminal liability: attendant.chanrobles virtual law library
1. An imbecile or an insane person, unless 2. That the offender is under eighteen year
the latter has acted during a lucid of age or over seventy years. In the case of
interval.chanrobles virtual law library the minor, he shall be proceeded against in
When the imbecile or an insane person has accordance with the provisions of Art.
committed an act which the law defines as a 80.chanrobles virtual law library
felony (delito), the court shall order his 3. That the offender had no intention to
confinement in one of the hospitals or commit so grave a wrong as that
asylums established for persons thus committed.chanrobles virtual law library
afflicted, which he shall not be permitted to 4. That sufficient provocation or threat on
leave without first obtaining the permission the part of the offended party immediately
of the same court.chanrobles virtual law preceded the act.chanrobles virtual law
library library
2. A person under nine years of 5. That the act was committed in the
age.chanrobles virtual law library immediate vindication of a grave offense to
3. A person over nine years of age and the one committing the felony (delito), his
under fifteen, unless he has acted with spouse, ascendants, or relatives by affinity
discernment, in which case, such minor within the same degrees.chanrobles virtual
shall be proceeded against in accordance law library
with the provisions of Art. 80 of this 6. That of having acted upon an impulse so
Code.chanrobles virtual law library powerful as naturally to have produced
When such minor is adjudged to be passion or obfuscation.chanrobles virtual
criminally irresponsible, the court, in law library
conformably with the provisions of this and 7. That the offender had voluntarily
the preceding paragraph, shall commit him surrendered himself to a person in authority
to the care and custody of his family who or his agents, or that he had voluntarily
shall be charged with his surveillance and confessed his guilt before the court prior to
education otherwise, he shall be committed the presentation of the evidence for the
to the care of some institution or person prosecution;
mentioned in saidArt. 80.chanrobles virtual 8. That the offender is deaf and dumb, blind
law library or otherwise suffering some physical defect
4. Any person who, while performing a which thus restricts his means of action,
lawful act with due care, causes an injury by defense, or communications with his fellow
mere accident without fault or intention beings.chanrobles virtual law library
of causing it.chanrobles virtual law library 9. Such illness of the offender as would
5. Any person who act under the compulsion diminish the exercise of the will-power of
of irresistible force.chanrobles virtual law the offender without however depriving him
library of the consciousness of his acts.chanrobles
6. Any person who acts under the impulse of virtual law library chan robles virtual law
an uncontrollable fear of an equal or greater library
injury.chanrobles virtual law library 10. And, finally, any other circumstances of
7. Any person who fails to perform an act a similar nature and analogous to those
required by law, when prevented by some above mentioned.chanrobles virtual law
lawful insuperable cause.chanrobles virtual library
law library Chapter Four

3
 CIRCUMSTANCE WHICH two or more crimes to which it attaches a
AGGRAVATE CRIMINAL LIABILITY lighter penalty.chanrobles virtual law library
11. That the crime be committed in
Art. 14. Aggravating circumstances. — The consideration of a price, reward, or
following are aggravating circumstances: promise.chanrobles virtual law library
1. That advantage be taken by the offender 12. That the crime be committed by means
of his public position.chanrobles virtual law of inundation, fire, poison, explosion,
library stranding of a vessel or international
2. That the crime be committed in contempt damage thereto, derailment of a locomotive,
or with insult to the public or by the use of any other artifice involving
authorities.chanrobles virtual law library great waste and ruin.chanrobles virtual law
3. That the act be committed with insult or library
in disregard of the respect due the offended 13. That the act be committed with evidence
party on account of his rank, age, or sex, or premeditation.chanrobles virtual law library
that is be committed in the dwelling of the 14. That the craft, fraud or disguise be
offended party, if the latter has not given employed.chanrobles virtual law library
provocation.chanrobles virtual law library 15. That advantage be taken of superior
4. That the act be committed with abuse of strength, or means be employed to weaken
confidence or obvious the defense.chanrobles virtual law library
ungratefulness.chanrobles virtual law 16. That the act be committed with
library treachery (alevosia).chanrobles virtual law
5. That the crime be committed in the palace library
of the Chief Executive or in his presence, or There is treachery when the offender
where public authorities are engaged in the commits any of the crimes against the
discharge of their duties, or in a place person, employing means, methods, or
dedicated to religious worship.chanrobles forms in the execution thereof which tend
virtual law library directly and specially to insure its execution,
6. That the crime be committed in the night without risk to himself arising from the
time, or in an uninhabited place, or by a defense which the offended party might
band, whenever such circumstances may make.chanrobles virtual law library
facilitate the commission of the 17. That means be employed or
offense.chanrobles virtual law library circumstances brought about which add
Whenever more than three armed ignominy to the natural effects of the
malefactors shall have acted together in the act.chanrobles virtual law library
commission of an offense, it shall be 18. That the crime be committed after an
deemed to have been committed by a unlawful entry.chanrobles virtual law library
band.chanrobles virtual law library There is an unlawful entry when an
7. That the crime be committed on the entrance of a crime a wall, roof, floor, door,
occasion of a conflagration, shipwreck, or window be broken.chanrobles virtual law
earthquake, epidemic or other calamity or library
misfortune.chanrobles virtual law library 20. That the crime be committed with the
8. That the crime be committed with the aid aid of persons under fifteen years of age or
of armed men or persons who insure or by means of motor vehicles, motorized
afford impunity.chanrobles virtual law watercraft, airships, or other similar
library means. (As amended by RA 5438).
9. That the accused is a 21. That the wrong done in the commission
recidivist.chanrobles virtual law library of the crime be deliberately augmented by
A recidivist is one who, at the time of his causing other wrong not necessary for its
trial for one crime, shall have been commissions.chanrobles virtual law library
previously convicted by final judgment of Chapter Five
another crime embraced in the same title of ALTERNATIVE CIRCUMSTANCES
this Code.chanrobles virtual law library
10. That the offender has been previously Art. 15. Their concept. — Alternative
punished by an offense to which the law circumstances are those which must be
attaches an equal or greater penalty or for taken into consideration as aggravating or

4
mitigating according to the nature and Art. 19. Accessories. — Accessories are
effects of the crime and the other conditions those who, having knowledge of the
attending its commission. They are the commission of the crime, and without
relationship, intoxication and the degree of having participated therein, either as
instruction and education of the principals or accomplices, take part
offender.chanrobles virtual law library subsequent to its commission in any of the
The alternative circumstance of relationship following manners: chan robles virtual law
shall be taken into consideration when the library
offended party in the spouse, ascendant, 1. By profiting themselves or assisting the
descendant, legitimate, natural, or adopted offender to profit by the effects of the
brother or sister, or relative by affinity in crime.chanrobles virtual law library
the same degrees of the 2. By concealing or destroying the body of
offender.chanrobles virtual law library the crime, or the effects or instruments
The intoxication of the offender shall be thereof, in order to prevent its
taken into consideration as a mitigating discovery.chanrobles virtual law library
circumstances when the offender has 3. By harboring, concealing, or assisting in
committed a felony in a state of the escape of the principals of the crime,
intoxication, if the same is not habitual or provided the accessory acts with abuse of
subsequent to the plan to commit said his public functions or whenever the author
felony but when the intoxication is habitual of the crime is guilty of treason, parricide,
or intentional, it shall be considered as an murder, or an attempt to take the life of the
aggravating circumstance.chanrobles virtual Chief Executive, or is known to be habitually
law library guilty of some other crime.chanrobles
virtual law library
Title Two Art. 20. Accessories who are exempt from
PERSONS CRIMINALLY LIABLE FOR criminal liability. — The penalties prescribed
FELONIES for accessories shall not be imposed upon
those who are such with respect to their
Art. 16. Who are criminally liable. — The spouses, ascendants, descendants,
following are criminally liable for grave and legitimate, natural, and adopted brothers
less grave felonies: and sisters, or relatives by affinity within
1. Principals.chanrobles virtual law library the same degrees, with the single exception
2. Accomplices.chanrobles virtual law of accessories falling within the provisions
library of paragraph 1 of the next preceding
3. Accessories.chanrobles virtual law library article.chanrobles virtual law library
The following are criminally liable for light
felonies: Title Three
1. Principals PENALTIES
2. Accomplices.chanrobles virtual law Chapter One
library PENALTIES IN GENERAL
Art. 17. Principals. — The following are
considered principals: Art. 21. Penalties that may be imposed. —
1. Those who take a direct part in the No felony shall be punishable by any penalty
execution of the act; not prescribed by law prior to its
2. Those who directly force or induce others commission.chanrobles virtual law library
to commit it; Art. 22. Retroactive effect of penal laws. —
3. Those who cooperate in the commission Penal Laws shall have a retroactive effect
of the offense by another act without which insofar as they favor the persons guilty of a
it would not have been felony, who is not a habitual criminal, as
accomplished.chanrobles virtual law library this term is defined in Rule 5 of Article 62 of
Art. 18. Accomplices. — Accomplices are this Code, although at the time of the
those persons who, not being included in publication of such laws a final sentence has
Art. 17, cooperate in the execution of the been pronounced and the convict is serving
offense by previous or simultaneous the same.chanrobles virtual law library
acts.chanrobles virtual law library Art. 23. Effect of pardon by the offended

5
party. — A pardon of the offended party Destierro.
does not extinguish criminal action except Light penalties:
as provided in Article 344 of this Code; but Arresto menor,
civil liability with regard to the interest of Public censure.
the injured party is extinguished by his Penalties common to the three
express waiver.chanrobles virtual law preceding classes:
library Fine, and
Art. 24. Measures of prevention or safety Bond to keep the peace.
which are nor considered penalties. — The Accessory Penalties
following shall not be considered as Perpetual or temporary absolute
penalties: disqualification,
1. The arrest and temporary detention of Perpetual or temporary special
accused persons, as well as their detention disqualification,
by reason of insanity or imbecility, or illness Suspension from public office, the
requiring their confinement in a right to vote and be voted for, the
hospital.chanrobles virtual law library profession or calling.
2. The commitment of a minor to any of the Civil interdiction,
institutions mentioned in Article 80 and for Indemnification,
the purposes specified therein.chanrobles Forfeiture or confiscation of
virtual law library instruments and proceeds of the
3. Suspension from the employment of offense,
public office during the trial or in order to Payment of costs.
institute proceedings.chanrobles virtual law Art. 26. When afflictive, correctional, or
library light penalty. — A fine, whether imposed as
4. Fines and other corrective measures a single of as an alternative penalty, shall be
which, in the exercise of their considered an afflictive penalty, if it exceeds
administrative disciplinary powers, superior 6,000 pesos; a correctional penalty, if it
officials may impose upon their does not exceed 6,000 pesos but is not less
subordinates.chanrobles virtual law library than 200 pesos; and a light penalty if it less
5. Deprivation of rights and the reparations than 200 pesos.chanrobles virtual law
which the civil laws may establish in penal library
form.chanrobles virtual law library
Chapter Two Chapter Three
CLASSIFICATION OF PENALTIES DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties
Art. 25. Penalties which may be imposed. —
The penalties which may be imposed Art. 27. Reclusion perpetua. — Any person
according to this Code, and their different sentenced to any of the perpetual penalties
classes, are those included in the following: shall be pardoned after undergoing the
Scale penalty for thirty years, unless such person
Principal Penalties by reason of his conduct or some other
Capital punishment: serious cause shall be considered by the
Death. Chief Executive as unworthy of
Afflictive penalties: pardon.chanrobles virtual law library
Reclusion perpetua, Reclusion temporal. — The penalty of
Reclusion temporal, reclusion temporal shall be from twelve
Perpetual or temporary years and one day to twenty
absolute disqualification, years.chanrobles virtual law library
Perpetual or temporary special Prision mayor and temporary
disqualification, disqualification. — The duration of the
Prision mayor. penalties of prision mayor and temporary
Correctional penalties: disqualification shall be from six years and
Prision correccional, one day to twelve years, except when the
Arresto mayor, penalty of disqualification is imposed as an
Suspension, accessory penalty, in which case its duration

6
shall be that of the principal execution of their sentence they have failed
penalty.chanrobles virtual law library to surrender voluntarily.chanrobles virtual
Prision correccional, suspension, and law library
destierro. — The duration of the penalties of If the detention prisoner does not agree to
prision correccional, suspension and abide by the same disciplinary rules
destierro shall be from six months and one imposed upon convicted prisoners, he shall
day to six years, except when suspension is be credited in the service of his sentence
imposed as an accessory penalty, in which with four-fifths of the time during which he
case, its duration shall be that of the has undergone preventive
principal penalty.chanrobles virtual law imprisonment. (As amended by Republic Act
library 6127, June 17, 1970).chanrobles virtual law
Arresto mayor. — The duration of the library
penalty of arresto mayor shall be from one Whenever an accused has undergone
month and one day to six preventive imprisonment for a period equal
months.chanrobles virtual law library to or more than the possible maximum
Arresto menor. — The duration of the imprisonment of the offense charged to
penalty of arresto menor shall be from one which he may be sentenced and his case is
day to thirty days.chanrobles virtual law not yet terminated, he shall be released
library immediately without prejudice to the
Bond to keep the peace. — The bond to keep continuation of the trial thereof or the
the peace shall be required to cover such proceeding on appeal, if the same is under
period of time as the court may review. In case the maximum penalty to
determine.chanrobles virtual law library which the accused may be sentenced is
Art. 28. Computation of penalties. — If the destierro, he shall be released after thirty
offender shall be in prison, the term of the (30) days of preventive imprisonment. (As
duration of the temporary penalties shall be amended by E.O. No. 214, July 10, 1988).
computed from the day on which the
judgment of conviction shall have become Section Two. — Effects of the penalties
final.chanrobles virtual law library according to their respective nature
If the offender be not in prison, the term of
the duration of the penalty consisting of Art. 30. Effects of the penalties of perpetual
deprivation of liberty shall be computed or temporary absolute disqualification. —
from the day that the offender is placed at The penalties of perpetual or temporary
the disposal of the judicial authorities for absolute disqualification for public office
the enforcement of the penalty. The shall produce the following effects:
duration of the other penalties shall be 1. The deprivation of the public offices and
computed only from the day on which the employments which the offender may have
defendant commences to serve his held even if conferred by popular
sentence.chanrobles virtual law library election.chanrobles virtual law library
Art. 29. Period of preventive imprisonment 2. The deprivation of the right to vote in any
deducted from term of imprisonment. — election for any popular office or to be
Offenders who have undergone preventive elected to such office.chanrobles virtual law
imprisonment shall be credited in the library
service of their sentence consisting of 3. The disqualification for the offices or
deprivation of liberty, with the full time public employments and for the exercise of
during which they have undergone any of the rights mentioned.chanrobles
preventive imprisonment, if the detention virtual law library
prisoner agrees voluntarily in writing to
abide by the same disciplinary rules In case of temporary disqualification, such
imposed upon convicted prisoners, except in disqualification as is comprised in
the following cases: paragraphs 2 and 3 of this article shall last
1. When they are recidivists or have been during the term of the sentence.chanrobles
convicted previously twice or more times of virtual law library
any crime; and 4. The loss of all rights to retirement pay or
2. When upon being summoned for the other pension for any office formerly

7
held.chanrobles virtual law library It shall be the duty of any person sentenced
Art. 31. Effect of the penalties of perpetual to give bond to keep the peace, to present
or temporary special disqualification. — The two sufficient sureties who shall undertake
penalties of perpetual or temporal special that such person will not commit the offense
disqualification for public office, profession sought to be prevented, and that in case
or calling shall produce the following such offense be committed they will pay the
effects: amount determined by the court in the
1. The deprivation of the office, judgment, or otherwise to deposit such
employment, profession or calling affected; amount in the office of the clerk of the court
2. The disqualification for holding similar to guarantee said undertaking.chanrobles
offices or employments either perpetually or virtual law library
during the term of the sentence according to The court shall determine, according to its
the extent of such discretion, the period of duration of the
disqualification.chanrobles virtual law bond.chanrobles virtual law library
library Should the person sentenced fail to give the
Art. 32. Effect of the penalties of perpetual bond as required he shall be detained for a
or temporary special disqualification for the period which shall in no case exceed six
exercise of the right of suffrage. — The months, is he shall have been prosecuted
perpetual or temporary special for a grave or less grave felony, and shall
disqualification for the exercise of the right not exceed thirty days, if for a light
of suffrage shall deprive the offender felony.chanrobles virtual law library
perpetually or during the term of the Art. 36. Pardon; its effect. — A pardon shall
sentence, according to the nature of said not work the restoration of the right to hold
penalty, of the right to vote in any popular public office, or the right of suffrage, unless
election for any public office or to be elected such rights be expressly restored by the
to such office. Moreover, the offender shall terms of the pardon.chanrobles virtual law
not be permitted to hold any public office library
during the period of his A pardon shall in no case exempt the culprit
disqualification.chanrobles virtual law from the payment of the civil indemnity
library imposed upon him by the
Art. 33. Effects of the penalties of sentence.chanrobles virtual law library
suspension from any public office, Art. 37. Cost; What are included. — Costs
profession or calling, or the right of shall include fees and indemnities in the
suffrage. — The suspension from public course of the judicial proceedings, whether
office, profession or calling, and the they be fixed or unalterable amounts
exercise of the right of suffrage shall previously determined by law or regulations
disqualify the offender from holding such in force, or amounts not subject to
office or exercising such profession or schedule.chanrobles virtual law library
calling or right of suffrage during the term Art. 38. Pecuniary liabilities; Order of
of the sentence.chanrobles virtual law payment. — In case the property of the
library offender should not be sufficient for the
The person suspended from holding public payment of all his pecuniary liabilities, the
office shall not hold another having similar same shall be met in the following order:
functions during the period of his 1. The reparation of the damage
suspension.chanrobles virtual law library caused.chanrobles virtual law library
Art. 34. Civil interdiction. — Civil interdiction 2. Indemnification of consequential
shall deprive the offender during the time of damages.chanrobles virtual law library
his sentence of the rights of parental 3. The fine.chanrobles virtual law library
authority, or guardianship, either as to the 4. The cost of the proceedings.chanrobles
person or property of any ward, of marital virtual law library
authority, of the right to manage his Art. 39. Subsidiary penalty. — If the convict
property and of the right to dispose of such has no property with which to meet the fine
property by any act or any conveyance inter mentioned in the paragraph 3 of the nest
vivos.chanrobles virtual law library preceding article, he shall be subject to a
Art. 35. Effects of bond to keep the peace. — subsidiary personal liability at the rate of

8
one day for each eight pesos, subject to the that of civil interdiction for life or during the
following rules: period of the sentence as the case may be,
1. If the principal penalty imposed be and that of perpetual absolute
prision correccional or arresto and fine, he disqualification which the offender shall
shall remain under confinement until his suffer even though pardoned as to the
fine referred to in the preceding paragraph principal penalty, unless the same shall
is satisfied, but his subsidiary imprisonment have been expressly remitted in the
shall not exceed one-third of the term of the pardon.chanrobles virtual law library
sentence, and in no case shall it continue for Art. 42. Prision mayor; Its accessory
more than one year, and no fraction or part penalties. — The penalty of prision mayor,
of a day shall be counted against the shall carry with it that of temporary
prisoner.chanrobles virtual law library absolute disqualification and that of
2. When the principal penalty imposed be perpetual special disqualification from the
only a fine, the subsidiary imprisonment right of suffrage which the offender shall
shall not exceed six months, if the culprit suffer although pardoned as to the principal
shall have been prosecuted for a grave or penalty, unless the same shall have been
less grave felony, and shall not exceed expressly remitted in the pardon.chanrobles
fifteen days, if for a light felony.chanrobles virtual law library
virtual law library Art. 43. Prision correccional; Its accessory
3. When the principal imposed is higher penalties. — The penalty of prision
than prision correccional, no subsidiary correccional shall carry with it that of
imprisonment shall be imposed upon the suspension from public office, from the right
culprit.chanrobles virtual law library to follow a profession or calling, and that of
4. If the principal penalty imposed is not to perpetual special disqualification from the
be executed by confinement in a penal right of suffrage, if the duration of said
institution, but such penalty is of fixed imprisonment shall exceed eighteen
duration, the convict, during the period of months. The offender shall suffer the
time established in the preceding rules, disqualification provided in the article
shall continue to suffer the same although pardoned as to the principal
deprivations as those of which the principal penalty, unless the same shall have been
penalty consists.chanrobles virtual law expressly remitted in the pardon.chanrobles
library chan robles virtual law library virtual law library
5. The subsidiary personal liability which the Art. 44. Arresto; Its accessory penalties. —
convict may have suffered by reason of his The penalty of arresto shall carry with it
insolvency shall not relieve him, from the that of suspension of the right too hold
fine in case his financial circumstances office and the right of suffrage during the
should improve. (As amended by RA 5465, term of the sentence.chanrobles virtual law
April 21, 1969). library
Section Three. — Penalties in which other Art. 45. Confiscation and forfeiture of the
accessory penalties proceeds or instruments of the crime. —
are inherent Every penalty imposed for the commission
of a felony shall carry with it the forfeiture
Art. 40. Death; Its accessory penalties. — of the proceeds of the crime and the
The death penalty, when it is not executed instruments or tools with which it was
by reason of commutation or pardon shall committed.chanrobles virtual law library
carry with it that of perpetual absolute Such proceeds and instruments or tools
disqualification and that of civil interdiction shall be confiscated and forfeited in favor of
during thirty years following the date the Government, unless they be property of
sentence, unless such accessory penalties a third person not liable for the offense, but
have been expressly remitted in the those articles which are not subject of
pardon.chanrobles virtual law library lawful commerce shall be
Art. 41. Reclusion perpetua and reclusion destroyed.chanrobles virtual law library
temporal; Their accessory penalties. — The
penalties of reclusion perpetua and Chapter Four
reclusion temporal shall carry with them APPLICATION OF PENALTIES

9
 Section One. — Rules for the application of 1. If the penalty prescribed for the felony
penalties committed be higher than that
to the persons criminally liable and for the corresponding to the offense which the
graduation of the same.chanrobles virtual accused intended to commit, the penalty
law library corresponding to the latter shall be imposed
in its maximum period.chanrobles virtual
Art. 46. Penalty to be imposed upon law library
principals in general. — The penalty 2. If the penalty prescribed for the felony
prescribed by law for the commission of a committed be lower than that corresponding
felony shall be imposed upon the principals to the one which the accused intended to
in the commission of such felony.chanrobles commit, the penalty for the former shall be
virtual law library imposed in its maximum period.chanrobles
Whenever the law prescribes a penalty for a virtual law library
felony is general terms, it shall be 3. The rule established by the next
understood as applicable to the preceding paragraph shall not be applicable
consummated felony.chanrobles virtual law if the acts committed by the guilty person
library shall also constitute an attempt or
Art. 47. In what cases the death penalty frustration of another crime, if the law
shall not be imposed. — The death penalty prescribes a higher penalty for either of the
shall be imposed in all cases in which it latter offenses, in which case the penalty
must be imposed under existing laws, provided for the attempted or the frustrated
except in the following cases: crime shall be imposed in its maximum
1. When the guilty person be more than period.chanrobles virtual law library
seventy years of age.chanrobles virtual law Art. 50. Penalty to be imposed upon
library principals of a frustrated crime.chanrobles
2. When upon appeal or revision of the case virtual law library — The penalty next lower
by the Supreme court, all the members in degree than that prescribed by law for
thereof are not unanimous in their voting as the consummated felony shall be imposed
to the propriety of the imposition of the upon the principal in a frustrated
death penalty. For the imposition of said felony.chanrobles virtual law library
penalty or for the confirmation of a Art. 51. Penalty to be imposed upon
judgment of the inferior court imposing the principals of attempted crimes. — A penalty
death sentence, the Supreme Court shall lower by two degrees than that prescribed
render its decision per curiam, which shall by law for the consummated felony shall be
be signed by all justices of said court, unless imposed upon the principals in an attempt
some member or members thereof shall to commit a felony.chanrobles virtual law
have been disqualified from taking part in library
the consideration of the case, in which even Art. 52. Penalty to be imposed upon
the unanimous vote and signature of only accomplices in
the remaining justices shall be consummatedcrime.chanrobles virtual law
required.chanrobles virtual law library library — The penalty next lower in degree
Art. 48. Penalty for complex crimes. — When than that prescribed by law for the
a single act constitutes two or more grave consummated shall be imposed upon the
or less grave felonies, or when an offense is accomplices in the commission of a
a necessary means for committing the consummated felony.chanrobles virtual law
other, the penalty for the most serious library
crime shall be imposed, the same to be Art. 53. Penalty to be imposed upon
applied in its maximum period.chanrobles accessories to the commission of a
virtual law library consummated felony. — The penalty lower
Art. 49. Penalty to be imposed upon the by two degrees than that prescribed by law
principals when the crime committed is for the consummated felony shall be
different from that intended. — In cases in imposed upon the accessories to the
which the felony committed is different from commission of a consummated
that which the offender intended to commit, felony.chanrobles virtual law library
the following rules shall be observed: Art. 54. Penalty to imposed upon

10
accomplices in a employed by such person are essentially
frustrated crime.chanrobles virtual law inadequate to produce the result desired by
library — The penalty next lower in degree him, the court, having in mind the social
than prescribed by law for the frustrated danger and the degree of criminality shown
felony shall be imposed upon the by the offender, shall impose upon him the
accomplices in the commission of a penalty of arresto mayor or a fine from 200
frustrated felony.chanrobles virtual law to 500 pesos.chanrobles virtual law library
library Art. 60. Exception to the rules established in
Art. 55. Penalty to be imposed upon Articles 50 to 57. — The provisions
accessories of a contained in Articles 50 to 57, inclusive, of
frustrated crime.chanrobles virtual law this Code shall not be applicable to cases in
library — The penalty lower by two degrees which the law expressly prescribes the
than that prescribed by law for the penalty provided for a frustrated or
frustrated felony shall be imposed upon the attempted felony, or to be imposed upon
accessories to the commission of a accomplices or accessories.chanrobles
frustrated felony.chanrobles virtual law virtual law library
library Art. 61. Rules for graduating penalties. —
Art. 56. Penalty to be imposed upon For the purpose of graduating the penalties
accomplices in an which, according to the provisions of
attemptedcrime.chanrobles virtual law Articles 50 to 57, inclusive, of this Code, are
library — The penalty next lower in degree to be imposed upon persons guilty as
than that prescribed by law for an attempt principals of any frustrated or attempted
to commit a felony shall be imposed upon felony, or as accomplices or accessories, the
the accomplices in an attempt to commit the following rules shall be observed:
felony.chanrobles virtual law library 1. When the penalty prescribed for the
Art. 57. Penalty to be imposed upon felony is single and indivisible, the penalty
accessories of an next lower in degrees shall be that
attemptedcrime.chanrobles virtual law immediately following that indivisible
library — The penalty lower by two degrees penalty in the respective graduated scale
than that prescribed by law for the prescribed in Article 71 of this
attempted felony shall be imposed upon the Code.chanrobles virtual law library
accessories to the attempt to commit a 2. When the penalty prescribed for the
felony.chanrobles virtual law library crime is composed of two indivisible
Art. 58. Additional penalty to be imposed penalties, or of one or more divisible
upon certain accessories.chanrobles virtual penalties to be impose to their full extent,
law library — Those accessories falling the penalty next lower in degree shall be
within the terms of paragraphs 3 of Article that immediately following the lesser of the
19 of this Code who should act with abuse penalties prescribed in the respective
of their public functions, shall suffer the graduated scale.chanrobles virtual law
additional penalty of absolute perpetual library
disqualification if the principal offender 3. When the penalty prescribed for the
shall be guilty of a grave felony, and that of crime is composed of one or two indivisible
absolute temporary disqualification if he penalties and the maximum period of
shall be guilty of a less grave another divisible penalty, the penalty next
felony.chanrobles virtual law library lower in degree shall be composed of the
Art. 59. Penalty to be imposed in case of medium and minimum periods of the proper
failure to commit the crime because the divisible penalty and the maximum periods
means employed or the aims sought are of the proper divisible penalty and the
impossible. — When the person intending to maximum period of that immediately
commit an offense has already performed following in said respective graduated
the acts for the execution of the same but scale.chanrobles virtual law library
nevertheless the crime was not produced by 4. when the penalty prescribed for the crime
reason of the fact that the act intended was is composed of several periods,
by its nature one of impossible corresponding to different divisible
accomplishment or because the means penalties, the penalty next lower in degree

11
shall be composed of the period death n its medium medium m
immediately following the minimum medium period period periods
prescribed and of the two next following, period
which shall be taken from the penalty Four Prision Prision Arresto Fine Fine.
prescribed, if possible; otherwise from the th Mayor i correccionmayorin and Arre
penalty immediately following in the above Cas n its al in its its sto
mentioned respective graduated e maxim maximum maximum Mayorin
scale.chanrobles virtual law library um period period its
5. When the law prescribes a penalty for a period to prision to prision minimu
crime in some manner not especially to recl mayor in correccionm and
provided for in the four preceding rules, the usion its al in its medium
courts, proceeding by analogy, shall impose tempor medium medium periods
corresponding penalties upon those guilty al in its period. period.
as principals of the frustrated felony, or of mediu
attempt to commit the same, and upon m
accomplices and accessories.chanrobles period.
virtual law library
TABULATION OF THE PROVISIONS OF THE Section Two. — Rules for the application of
CHAPTER penalties with regard to the mitigating and
aggravating circumstances, and habitual
Penalt Penalty Penalty Penalty Penalt delinquency.chanrobles virtual law library
y to be to be to be y to be
Prescr imposed imposed impose impos Art. 62. Effect of the attendance of
ibe for upon the upon the d upon ed mitigating or aggravating circumstances
the principal principal the upon and of habitual delinquency. — Mitigating or
crime in a in an accesso the aggravating circumstances and habitual
frustrate attempte ry in a access delinquency shall be taken into account for
d crime, d crime, frustrat ory in the purpose of diminishing or increasing the
and the ed an penalty in conformity with the following
accompli accessor crime, attemp rules:
ce in a y in the and the ted 1. Aggravating circumstances which in
consum consum accompl crime themselves constitute a crime specially
mated mated ices in punishable by law or which are included by
crime crime an the law in defining a crime and prescribing
and the attempt the penalty therefor shall not be taken into
accompli ed account for the purpose of increasing the
ces in a crime penalty.chanrobles virtual law library
frustrate 2. The same rule shall apply with respect to
d crime. any aggravating circumstance inherent in
First Death Reclusion Reclusion Prision Prision the crime to such a degree that it must of
Cas Perpetua Temporal Mayor Correcc necessity accompany the commission
e ional thereof.chanrobles virtual law library
Sec Reclusi Reclusion Prision Prision Arresto 3. Aggravating or mitigating circumstances
ond on Temporal Mayor Correccio Mayor which arise from the moral attributes of the
Cas Perpet nal offender, or from his private relations with
e uato the offended party, or from any other
Death personal cause, shall only serve to
Thir Reclusi Prision Prision Arresto Fine aggravate or mitigate the liability of the
d on Mayor in correccionMayorin and Arr principals, accomplices and accessories as
Cas Tempo its al in its it s esto to whom such circumstances are
e ralin its maximum maximum maximu Mayor i attendant.chanrobles virtual law library
maxim period period m period n its 4. The circumstances which consist in the
um to reclusi to prision to prision minimu material execution of the act, or in the
period on mayor in correccio m and means employed to accomplish it, shall
to temporal iits nal in its mediu serve to aggravate or mitigate the liability

12
of those persons only who had knowledge of applied.chanrobles virtual law library
them at the time of the execution of the act 2. When there are neither mitigating nor
or their cooperation therein.chanrobles aggravating circumstances and there is no
virtual law library aggravating circumstance, the lesser
5. Habitual delinquency shall have the penalty shall be applied.chanrobles virtual
following effects: law library
3. When the commission of the act is
(a) Upon a third conviction the culprit shall attended by some mitigating circumstances
be sentenced to the penalty provided by law and there is no aggravating circumstance,
for the last crime of which he be found the lesser penalty shall be
guilty and to the additional penalty of applied.chanrobles virtual law library
prision correccional in its medium and 4. When both mitigating and aggravating
maximum periods; circumstances attended the commission of
(b) Upon a fourth conviction, the culprit the act, the court shall reasonably allow
shall be sentenced to the penalty provided them to offset one another in consideration
for the last crime of which he be found of their number and importance, for the
guilty and to the additional penalty of purpose of applying the penalty in
prision mayor in its minimum and medium accordance with the preceding rules,
periods; and according to the result of such
(c) Upon a fifth or additional conviction, the compensation.chanrobles virtual law library
culprit shall be sentenced to the penalty Art. 64. Rules for the application of
provided for the last crime of which he be penalties which contain three periods. — In
found guilty and to the additional penalty of cases in which the penalties prescribed by
prision mayor in its maximum period to law contain three periods, whether it be a
reclusion temporal in its minimum single divisible penalty or composed of
period.chanrobles virtual law library three different penalties, each one of which
Notwithstanding the provisions of this forms a period in accordance with the
article, the total of the two penalties to be provisions of Articles 76 and 77, the court
imposed upon the offender, in conformity shall observe for the application of the
herewith, shall in no case exceed 30 penalty the following rules, according to
years.chanrobles virtual law library whether there are or are not mitigating or
For the purpose of this article, a person aggravating circumstances:
shall be deemed to be habitual delinquent, 1. When there are neither aggravating nor
is within a period of ten years from the date mitigating circumstances, they shall impose
of his release or last conviction of the the penalty prescribed by law in its medium
crimes of serious or less serious physical period.chanrobles virtual law library
injuries, robo, hurto, estafa or falsification, 2. When only a mitigating circumstances is
he is found guilty of any of said crimes a present in the commission of the act, they
third time or oftener.chanrobles virtual law shall impose the penalty in its minimum
library period.chanrobles virtual law library
Art. 63. Rules for the application of 3. When an aggravating circumstance is
indivisible penalties. — In all cases in which present in the commission of the act, they
the law prescribes a single indivisible shall impose the penalty in its maximum
penalty, it shall be applied by the courts period.chanrobles virtual law library
regardless of any mitigating or aggravating 4. When both mitigating and aggravating
circumstances that may have attended the circumstances are present, the court shall
commission of the deed.chanrobles virtual reasonably offset those of one class against
law library the other according to their relative
In all cases in which the law prescribes a weight.chanrobles virtual law library
penalty composed of two indivisible 5. When there are two or more mitigating
penalties, the following rules shall be circumstances and no aggravating
observed in the application thereof: circumstances are present, the court shall
1. When in the commission of the deed impose the penalty next lower to that
there is present only one aggravating prescribed by law, in the period that it may
circumstance, the greater penalty shall be deem applicable, according to the number

13
and nature of such liability by reason of the court having
circumstances.chanrobles virtual law library declared that he acted with discernment, a
6. Whatever may be the number and nature discretionary penalty shall be imposed, but
of the aggravating circumstances, the courts always lower by two degrees at least than
shall not impose a greater penalty than that that prescribed by law for the crime which
prescribed by law, in its maximum he committed.chanrobles virtual law library
period.chanrobles virtual law library 2. Upon a person over fifteen and under
7. Within the limits of each period, the court eighteen years of age the penalty next
shall determine the extent of the penalty lower than that prescribed by law shall be
according to the number and nature of the imposed, but always in the proper
aggravating and mitigating circumstances period.chanrobles virtual law library
and the greater and lesser extent of the evil Art. 69. Penalty to be imposed when the
produced by the crime.chanrobles virtual crime committed is not wholly excusable. —
law library A penalty lower by one or two degrees than
Art. 65. Rule in cases in which the penalty is that prescribed by law shall be imposed if
not composed of three periods. — In cases the deed is not wholly excusable by reason
in which the penalty prescribed by law is of the lack of some of the conditions
not composed of three periods, the courts required to justify the same or to exempt
shall apply the rules contained in the from criminal liability in the several cases
foregoing articles, dividing into three equal mentioned in Article 11 and 12, provided
portions of time included in the penalty that the majority of such conditions be
prescribed, and forming one period of each present. The courts shall impose the penalty
of the three portions.chanrobles virtual law in the period which may be deemed proper,
library in view of the number and nature of the
Art. 66. Imposition of fines. — In imposing conditions of exemption present or
fines the courts may fix any amount within lacking.chanrobles virtual law library
the limits established by law; in fixing the Art. 70. Successive service of sentence. —
amount in each case attention shall be When the culprit has to serve two or more
given, not only to the mitigating and penalties, he shall serve them
aggravating circumstances, but more simultaneously if the nature of the penalties
particularly to the wealth or means of the will so permit otherwise, the following rules
culprit.chanrobles virtual law library shall be observed:
Art. 67. Penalty to be imposed when not all In the imposition of the penalties, the order
the requisites of exemption of the fourth of their respective severity shall be followed
circumstance of Article 12 are present.— so that they may be executed successively
When all the conditions required in or as nearly as may be possible, should a
circumstances Number 4 of Article 12 of this pardon have been granted as to the penalty
Code to exempt from criminal liability are or penalties first imposed, or should they
not present, the penalty of arresto mayor in have been served out.chanrobles virtual law
its maximum period to prision correccional library
in its minimum period shall be imposed For the purpose of applying the provisions
upon the culprit if he shall have been guilty of the next preceding paragraph the
of a grave felony, and arresto mayor in its respective severity of the penalties shall be
minimum and medium periods, if of a less determined in accordance with the following
grave felony.chanrobles virtual law scale:
library chan robles virtual law library 1. Death,
Art. 68. Penalty to be imposed upon a 2. Reclusion perpetua,
person under eighteen years of age. — 3. Reclusion temporal,
When the offender is a minor under 4. Prision mayor,
eighteen years and his case is one coming 5. Prision correccional, chan robles virtual
under the provisions of the paragraphs next law library
to the last of Article 80 of this Code, the 6. Arresto mayor,
following rules shall be observed: 7. Arresto menor,
1. Upon a person under fifteen but over nine 8. Destierro,
years of age, who is not exempted from 9. Perpetual absolute disqualification,

14
10 Temporal absolute vote and be
disqualification.chanrobles virtual law voted for, the right to follow a profession or
library calling,
11. Suspension from public office, the right 4. Public censure,
to vote and be voted for, the right to follow 5. Fine.chanrobles virtual law library
a profession or calling, and Art. 72. Preference in the payment of the
12. Public censure.chanrobles virtual law civil liabilities. — The civil liabilities of a
library person found guilty of two or more offenses
Notwithstanding the provisions of the rule shall be satisfied by following the
next preceding, the maximum duration of chronological order of the dates of the
the convict's sentence shall not be more judgments rendered against him, beginning
than three-fold the length of time with the first in order of time.chanrobles
corresponding to the most severe of the virtual law library
penalties imposed upon him. No other
penalty to which he may be liable shall be Section Three. — Provisions common in the
inflicted after the sum total of those last two preceding sections
imposed equals the same maximum Art. 73. Presumption in regard to the
period.chanrobles virtual law library imposition of accessory penalties . —
Such maximum period shall in no case Whenever the courts shall impose a penalty
exceed forty years.chanrobles virtual law which, by provision of law, carries with it
library other penalties, according to the provisions
In applying the provisions of this rule the of Articles 40, 41, 42, 43 and 44 of this
duration of perpetual penalties (pena Code, it must be understood that the
perpetua) shall be computed at thirty accessory penalties are also imposed upon
years. (As amended).chanrobles virtual law the convict.chanrobles virtual law library
library Art. 74. Penalty higher than reclusion
Art. 71. Graduated scales. — In the case in perpetua in certain cases. — In cases in
which the law prescribed a penalty lower or which the law prescribes a penalty higher
higher by one or more degrees than another than another given penalty, without
given penalty, the rules prescribed in Article specially designating the name of the
61 shall be observed in graduating such former, if such higher penalty should be that
penalty.chanrobles virtual law library of death, the same penalty and the
The lower or higher penalty shall be taken accessory penalties of Article 40, shall be
from the graduated scale in which is considered as the next higher
comprised the given penalty.chanrobles penalty.chanrobles virtual law library
virtual law library Art. 75. Increasing or reducing the penalty
The courts, in applying such lower or higher of fine by one or more degrees. — Whenever
penalty, shall observe the following it may be necessary to increase or reduce
graduated scales: the penalty of fine by one or more degrees,
SCALE NO. 1 it shall be increased or reduced,
1. Death, respectively, for each degree, by one-fourth
2. Reclusion perpetua, of the maximum amount prescribed by law,
3. Reclusion temporal, without however, changing the
4. Prision mayor, minimum.chanrobles virtual law library
5. Prision correccional, The same rules shall be observed with
6. Arresto mayor, regard of fines that do not consist of a fixed
7. Destierro, amount, but are made
8. Arresto menor, proportional.chanrobles virtual law library
9. Public censure, Art. 76. Legal period of duration of divisible
10. Fine.chanrobles virtual law library penalties. — The legal period of duration of
divisible penalties shall be considered as
SCALE NO. 2 divided into three parts, forming three
1. Perpetual absolute disqualification, periods, the minimum, the medium, and the
2. Temporal absolute disqualification maximum in the manner shown in the
3. Suspension from public office, the right to following table:

15
 TABLE SHOWING THE DURATION OF composed of three distinct penalties. — In
DIVISIBLE PENALTIES AND THE TIME cases in which the law prescribes a penalty
INCLUDED IN EACH OF THEIR PERIODS composed of three distinct penalties, each
one shall form a period; the lightest of them
Penalties Time Time Time Time shall be the minimum the next the medium,
includ include includ include and the most severe the maximum
ed in d in its ed in d in its period.chanrobles virtual law library
the minim its maxim Whenever the penalty prescribed does not
penalt um mediu um have one of the forms specially provided for
y in period m in this Code, the periods shall be
its period distributed, applying by analogy the
entire prescribed rules.chanrobles virtual law
ty library
Reclusion From From From From 17
temporal 12 12 14 years, 4 Chapter Five
years years years, months EXECUTION AND SERVICE OF PENALTIES
and 1 and 1 8 and 1 Section One. — General Provisions
day to day to month day to
20 14 s and 20 Art. 78. When and how a penalty is to be
years. years 1 day years. executed. — No penalty shall be executed
and 8 to 17 except by virtue of a final
months years judgment.chanrobles virtual law library
. and 4 A penalty shall not be executed in any other
month form than that prescribed by law, nor with
s. any other circumstances or incidents than
Prision From 6 From 6 From 8 From 10 those expressly authorized
mayor,absolute years years years years thereby.chanrobles virtual law library
disqualification and 1 and 1 and 1 and 1 In addition to the provisions of the law, the
and special day to day to day to day to special regulations prescribed for the
temporary 12 8 years. 10 12 government of the institutions in which the
disqualification years. years. years. penalties are to be suffered shall be
Prision From 6 From 6 From 2 From 4 observed with regard to the character of the
correccional,suspe month months years, years, 2 work to be performed, the time of its
nsion s and and 1 4 months performance, and other incidents connected
and destierro 1 day day to month and 1 therewith, the relations of the convicts
to 6 2 years s and day to 6 among themselves and other persons, the
years. and 4 1 day years. relief which they may receive, and their
months to 4 diet.chanrobles virtual law library
. years The regulations shall make provision for the
and 2 separation of the sexes in different
month institutions, or at least into different
s. departments and also for the correction and
Arresto mayor From 1 From 1 From 2 From 4 reform of the convicts.chanrobles virtual
month to 2 month months law library
and 1 months s and and 1 Art. 79. Suspension of the execution and
day to . 1 day day to 6 service of the penalties in case of
month to 4 months. insanity. — When a convict shall become
s. month insane or an imbecile after final sentence
s. has been pronounced, the execution of said
Arresto menor From 1 From 1 From From 21 sentence shall be suspended only with
to 30 to 10 11 to to 30 regard to the personal penalty, the
days. days. 20 days. provisions of the second paragraph of
days. circumstance number 1 of Article 12 being
observed in the corresponding
Art. 77. When the penalty is a complex one cases.chanrobles virtual law library

16
If at any time the convict shall recover his minor may be extended or shortened by the
reason, his sentence shall be executed, court on the recommendation of the
unless the penalty shall have prescribed in Director of Public Welfare or his authorized
accordance with the provisions of this representative or agents, or the
Code.chanrobles virtual law library superintendent of public schools or his
The respective provisions of this section representatives, according as to whether
shall also be observed if the insanity or the conduct of such minor has been good or
imbecility occurs while the convict is serving not and whether he has complied with the
his sentence.chanrobles virtual law library conditions imposed upon him, or not. The
Art. 80. Suspension of sentence of minor provisions of the first paragraph of this
delinquents. — Whenever a minor of either article shall not, however, be affected by
sex, under sixteen years of age at the date those contained herein.chanrobles virtual
of the commission of a grave or less grave law library
felony, is accused thereof, the court, after If the minor has been committed to the
hearing the evidence in the proper custody or care of any of the institutions
proceedings, instead of pronouncing mentioned in the first paragraph of this
judgment of conviction, shall suspend all article, with the approval of the Director of
further proceedings and shall commit such Public Welfare and subject to such
minor to the custody or care of a public or conditions as this official in accordance with
private, benevolent or charitable institution, law may deem proper to impose, such minor
established under the law of the care, may be allowed to stay elsewhere under the
correction or education of orphaned, care of a responsible person.chanrobles
homeless, defective, and delinquent virtual law library
children, or to the custody or care of any If the minor has behaved properly and has
other responsible person in any other place complied with the conditions imposed upon
subject to visitation and supervision by the him during his confinement, in accordance
Director of Public Welfare or any of his with the provisions of this article, he shall
agents or representatives, if there be any, be returned to the court in order that the
or otherwise by the superintendent of public same may order his final release.chanrobles
schools or his representatives, subject to virtual law library
such conditions as are prescribed In case the minor fails to behave properly or
hereinbelow until such minor shall have to comply with the regulations of the
reached his majority age or for such less institution to which he has been committed
period as the court may deem proper. chan or with the conditions imposed upon him
robles virtual law library when he was committed to the care of a
The court, in committing said minor as responsible person, or in case he should be
provided above, shall take into found incorrigible or his continued stay in
consideration the religion of such minor, his such institution should be inadvisable, he
parents or next of kin, in order to avoid his shall be returned to the court in order that
commitment to any private institution not the same may render the judgment
under the control and supervision of the corresponding to the crime committed by
religious sect or denomination to which they him.chanrobles virtual law library
belong.chanrobles virtual law library The expenses for the maintenance of a
The Director of Public Welfare or his duly minor delinquent confined in the institution
authorized representatives or agents, the to which he has been committed, shall be
superintendent of public schools or his borne totally or partially by his parents or
representatives, or the person to whose relatives or those persons liable to support
custody or care the minor has been him, if they are able to do so, in the
committed, shall submit to the court every discretion of the court; Provided, That in
four months and as often as required in case his parents or relatives or those
special cases, a written report on the good persons liable to support him have not been
or bad conduct of said minor and the moral ordered to pay said expenses or are found
and intellectual progress made by indigent and cannot pay said expenses, the
him.chanrobles virtual law library municipality in which the offense was
The suspension of the proceedings against a committed shall pay one-third of said

17
expenses; the province to which the persons in charge of the management of his
municipality belongs shall pay one-third; business, of the administration of his
and the remaining one-third shall be borne property, or of the care of his
by the National Government: Provided, descendants.chanrobles virtual law library
however, That whenever the Secretary of Art. 83. Suspension of the execution of the
Finance certifies that a municipality is not death sentence. — The death sentence shall
able to pay its share in the expenses above not be inflicted upon a woman within the
mentioned, such share which is not paid by three years next following the date of the
said municipality shall be borne by the sentence or while she is pregnant, nor upon
National Government. Chartered cities shall any person over seventy years of age. In
pay two-thirds of said expenses; and in case this last case, the death sentence shall be
a chartered city cannot pay said expenses, commuted to the penalty of reclusion
the internal revenue allotments which may perpetua with the accessory penalties
be due to said city shall be withheld and provided in Article 40.chanrobles virtual law
applied in settlement of said indebtedness library
in accordance with section five hundred and Art. 84. Place of execution and persons who
eighty-eight of the Administrative may witness the same.chanrobles virtual
Code.chanrobles virtual law library chan law library — The execution shall take place
robles virtual law library in the penitentiary of Bilibid in a space
closed to the public view and shall be
Section Two. — Execution of principal witnessed only by the priests assisting the
penalties.chanrobles virtual law library offender and by his lawyers, and by his
relatives, not exceeding six, if he so
Art. 81. When and how the death penalty is request, by the physician and the necessary
to be executed. — The death sentence shall personnel of the penal establishment, and
be executed with reference to any other and by such persons as the Director of Prisons
shall consist in putting the person under may authorize.chanrobles virtual law library
sentence to death by electrocution. The Art. 85. Provisions relative to the corpse of
death sentence shall be executed under the the person executed and its burial. — Unless
authority of the Director of Prisons, claimed by his family, the corpse of the
endeavoring so far as possible to mitigate culprit shall, upon the completion of the
the sufferings of the person under sentence legal proceedings subsequent to the
during electrocution as well as during the execution, be turned over to the institute of
proceedings prior to the learning or scientific research first applying
execution.chanrobles virtual law library for it, for the purpose of study and
If the person under sentence so desires, he investigation, provided that such institute
shall be anaesthetized at the moment of the shall take charge of the decent burial of the
electrocution.chanrobles virtual law library remains. Otherwise, the Director of Prisons
Art. 82. Notification and execution of the shall order the burial of the body of the
sentence and assistance to the culprit. — culprit at government expense, granting
The court shall designate a working day for permission to be present thereat to the
the execution but not the hour thereof; and members of the family of the culprit and the
such designation shall not be communicated friends of the latter. In no case shall the
to the offender before sunrise of said day, burial of the body of a person sentenced to
and the execution shall not take place until death be held with pomp.chanrobles virtual
after the expiration of at least eight hours law library chan robles virtual law library
following the notification, but before sunset. Art. 86. Reclusion perpetua, reclusion
During the interval between the notification temporal, prision mayor, prision
and the execution, the culprit shall, in so far correccional and arresto mayor. — The
as possible, be furnished such assistance as penalties of reclusion perpetua, reclusion
he may request in order to be attended in temporal, prision mayor, prision
his last moments by priests or ministers of correccional and arresto mayor, shall be
the religion he professes and to consult executed and served in the places and penal
lawyers, as well as in order to make a will establishments provided by the
and confer with members of his family or Administrative Code in force or which may

18
be provided by law in the future.chanrobles years.chanrobles virtual law library
virtual law library The crime of libel or other similar offenses
Art. 87. Destierro. — Any person sentenced shall prescribe in one year.chanrobles
to destierro shall not be permitted to enter virtual law library
the place or places designated in the The crime of oral defamation and slander by
sentence, nor within the radius therein deed shall prescribe in six
specified, which shall be not more than 250 months.chanrobles virtual law library
and not less than 25 kilometers from the Light offenses prescribe in two
place designated.chanrobles virtual law months.chanrobles virtual law library chan
library robles virtual law library
Art. 88. Arresto menor. — The penalty of When the penalty fixed by law is a
arresto menor shall be served in the compound one, the highest penalty shall be
municipal jail, or in the house of the made the basis of the application of the
defendant himself under the surveillance of rules contained in the first, second and third
an officer of the law, when the court so paragraphs of this article. (As amended by
provides in its decision, taking into RA 4661, approved June 19, 1966).
consideration the health of the offender and Art. 91. Computation of prescription of
other reasons which may seem satisfactory offenses. — The period of prescription shall
to it.chanrobles virtual law library commence to run from the day on which the
crime is discovered by the offended party,
Title Four the authorities, or their agents, and shall be
EXTINCTION OF CRIMINAL LIABILITY interrupted by the filing of the complaint or
Chapter One information, and shall commence to run
TOTAL EXTINCTION OF CRIMINAL again when such proceedings terminate
LIABILITY without the accused being convicted or
acquitted, or are unjustifiably stopped for
Art. 89. How criminal liability is totally any reason not imputable to him.chanrobles
extinguished. — Criminal liability is totally virtual law library
extinguished: The term of prescription shall not run when
1. By the death of the convict, as to the the offender is absent from the Philippine
personal penalties and as to pecuniary Archipelago.chanrobles virtual law library
penalties, liability therefor is extinguished Art. 92. When and how penalties
only when the death of the offender occurs prescribe. — The penalties imposed by final
before final judgment.chanrobles virtual law sentence prescribe as follows:
library 1. Death and reclusion perpetua, in twenty
2. By service of the sentence; years;
3. By amnesty, which completely 2. Other afflictive penalties, in fifteen years;
extinguishes the penalty and all its effects; 3. Correctional penalties, in ten years; with
4. By absolute pardon; the exception of the penalty of arresto
5. By prescription of the crime; mayor, which prescribes in five years;
6. By prescription of the penalty; 4. Light penalties, in one year.chanrobles
7. By the marriage of the offended woman, virtual law library
as provided in Article 344 of this Art. 93. Computation of the prescription of
Code.chanrobles virtual law library penalties. — The period of prescription of
Art. 90. Prescription of crime. — Crimes penalties shall commence to run from the
punishable by death, reclusion perpetua or date when the culprit should evade the
reclusion temporal shall prescribe in twenty service of his sentence, and it shall be
years.chanrobles virtual law library interrupted if the defendant should give
Crimes punishable by other afflictive himself up, be captured, should go to some
penalties shall prescribe in fifteen foreign country with which this Government
years.chanrobles virtual law library has no extradition treaty, or should commit
Those punishable by a correctional penalty another crime before the expiration of the
shall prescribe in ten years; with the period of prescription.chanrobles virtual law
exception of those punishable by arresto library
mayor, which shall prescribe in five Chapter Two

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 PARTIAL EXTINCTION OF hours following the issuance of a
CRIMINAL LIABILITY proclamation announcing the passing away
Art. 94. Partial Extinction of criminal of the calamity or catastrophe to in said
liability. — Criminal liability is extinguished article.chanrobles virtual law library
partially: Art. 99. Who grants time allowances. —
1. By conditional pardon; Whenever lawfully justified, the Director of
2. By commutation of the sentence; and Prisons shall grant allowances for good
3. For good conduct allowances which the conduct. Such allowances once granted shall
culprit may earn while he is serving his not be revoked.chanrobles virtual law
sentence.chanrobles virtual law library library
Art. 95. Obligation incurred by person
granted conditional pardon.chanrobles Title Five
virtual law library — Any person who has CIVIL LIABILITY
been granted conditional pardon shall incur Chapter One
the obligation of complying strictly with the PERSON CIVILLY LIABLE FOR FELONIES
conditions imposed therein otherwise, his
non-compliance with any of the conditions Art. 100. Civil liability of a person guilty of
specified shall result in the revocation of the felony. — Every person criminally liable for a
pardon and the provisions of Article 159 felony is also civilly liable.chanrobles virtual
shall be applied to him.chanrobles virtual law library
law library Art. 101. Rules regarding civil liability in
Art. 96. Effect of commutation of certain cases. — The exemption from
sentence. — The commutation of the original criminal liability established in subdivisions
sentence for another of a different length 1, 2, 3, 5 and 6 of Article 12 and in
and nature shall have the legal effect of subdivision 4 of Article 11 of this Code does
substituting the latter in the place of the not include exemption from civil liability,
former.chanrobles virtual law library which shall be enforced subject to the
Art. 97. Allowance for good conduct. — The following rules:
good conduct of any prisoner in any penal First. In cases of subdivisions 1, 2, and 3 of
institution shall entitle him to the following Article 12, the civil liability for acts
deductions from the period of his sentence: committed by an imbecile or insane person,
1. During the first two years of his and by a person under nine years of age, or
imprisonment, he shall be allowed a by one over nine but under fifteen years of
deduction of five days for each month of age, who has acted without discernment,
good behavior; shall devolve upon those having such
2. During the third to the fifth year, person under their legal authority or
inclusive, of his imprisonment, he shall be control, unless it appears that there was no
allowed a deduction of eight days for each fault or negligence on their part.chanrobles
month of good behavior; virtual law library
3. During the following years until the tenth Should there be no person having such
year, inclusive, of his imprisonment, he shall insane, imbecile or minor under his
be allowed a deduction of ten days for each authority, legal guardianship or control, or if
month of good behavior; and such person be insolvent, said insane,
4. During the eleventh and successive years imbecile, or minor shall respond with their
of his imprisonment, he shall be allowed a own property, excepting property exempt
deduction of fifteen days for each month of from execution, in accordance with the civil
good behavior.chanrobles virtual law law.chanrobles virtual law library
library chan robles virtual law library Second. In cases falling within subdivision 4
Art. 98. Special time allowance for loyalty. of Article 11, the persons for whose benefit
— A deduction of one-fifth of the period of the harm has been prevented shall be civilly
his sentence shall be granted to any liable in proportion to the benefit which
prisoner who, having evaded the service of they may have received.chanrobles virtual
his sentence under the circumstances law library
mentioned in Article 58 of this Code, gives The courts shall determine, in sound
himself up to the authorities within 48 discretion, the proportionate amount for

20
which each one shall be liable.chanrobles kind of industry for felonies committed by
virtual law library their servants, pupils, workmen,
When the respective shares cannot be apprentices, or employees in the discharge
equitably determined, even approximately, of their duties.chanrobles virtual law library
or when the liability also attaches to the
Government, or to the majority of the Chapter Two
inhabitants of the town, and, in all events, WHAT CIVIL LIABILITY INCLUDES
whenever the damages have been caused
with the consent of the authorities or their Art. 104. What is included in civil liability. —
agents, indemnification shall be made in the The civil liability established in Articles 100,
manner prescribed by special laws or 101, 102, and 103 of this Code includes:
regulations.chanrobles virtual law library 1. Restitution;
Third. In cases falling within subdivisions 5 2. Reparation of the damage caused;
and 6 of Article 12, the persons using 3. Indemnification for consequential
violence or causing the fears shall be damages.chanrobles virtual law library
primarily liable and secondarily, or, if there Art. 105. Restitution; How made. — The
be no such persons, those doing the act restitution of the thing itself must be made
shall be liable, saving always to the latter whenever possible, with allowance for any
that part of their property exempt from deterioration, or diminution of value as
execution.chanrobles virtual law library determined by the court.chanrobles virtual
Art. 102. Subsidiary civil liability of law library
innkeepers, tavernkeepers and proprietors The thing itself shall be restored, even
of establishments. — In default of the though it be found in the possession of a
persons criminally liable, innkeepers, third person who has acquired it by lawful
tavernkeepers, and any other persons or means, saving to the latter his action
corporations shall be civilly liable for crimes against the proper person, who may be
committed in their establishments, in all liable to him.chanrobles virtual law library
cases where a violation of municipal This provision is not applicable in cases in
ordinances or some general or special police which the thing has been acquired by the
regulation shall have been committed by third person in the manner and under the
them or their employees.chanrobles virtual requirements which, by law, bar an action
law library for its recovery.chanrobles virtual law
Innkeepers are also subsidiarily liable for library
the restitution of goods taken by robbery or Art. 106. Reparation; How made. — The
theft within their houses from guests court shall determine the amount of
lodging therein, or for the payment of the damage, taking into consideration the price
value thereof, provided that such guests of the thing, whenever possible, and its
shall have notified in advance the innkeeper special sentimental value to the injured
himself, or the person representing him, of party, and reparation shall be made
the deposit of such goods within the inn; accordingly.chanrobles virtual law
and shall furthermore have followed the library chan robles virtual law library
directions which such innkeeper or his Art. 107. Indemnification; What is
representative may have given them with included. — Indemnification for
respect to the care and vigilance over such consequential damages shall include not
goods. No liability shall attach in case of only those caused the injured party, but also
robbery with violence against or those suffered by his family or by a third
intimidation of persons unless committed by person by reason of the crime.chanrobles
the innkeeper's employees.chanrobles virtual law library
virtual law library chan robles virtual law Art. 108. Obligation to make restoration,
library reparation for damages, or indemnification
Art. 103. Subsidiary civil liability of other for consequential damages and actions to
persons. — The subsidiary liability demand the same; Upon whom it devolves.
established in the next preceding article — The obligation to make restoration or
shall also apply to employers, teachers, reparation for damages and indemnification
persons, and corporations engaged in any for consequential damages devolves upon

21
the heirs of the person liable.chanrobles liability as provided in the next preceding
virtual law library article the offender shall continue to be
The action to demand restoration, obliged to satisfy the civil liability resulting
reparation, and indemnification likewise from the crime committed by him,
descends to the heirs of the person notwithstanding the fact that he has served
injured.chanrobles virtual law library his sentence consisting of deprivation of
Art. 109. Share of each person civilly liable. liberty or other rights, or has not been
— If there are two or more persons civilly required to serve the same by reason of
liable for a felony, the courts shall amnesty, pardon, commutation of sentence
determine the amount for which each must or any other reason.chanrobles virtual law
respond.chanrobles virtual law library library chan robles virtual law library
Art. 110. Several and subsidiary liability of
principals, accomplices and accessories of a
felony; Preference in payment. —
Notwithstanding the provisions of the next
preceding article, the principals,
accomplices, and accessories, each within
their respective class, shall be liable
severally (in solidum) among themselves for
their quotas, and subsidiaries for those of
the other persons liable.chanrobles virtual
law library
The subsidiary liability shall be enforced,
first against the property of the principals;
next, against that of the accomplices, and,
lastly, against that of the
accessories.chanrobles virtual law library
Whenever the liability in solidum or the
subsidiary liability has been enforced, the
person by whom payment has been made
shall have a right of action against the
others for the amount of their respective
shares.chanrobles virtual law library
Art. 111. Obligation to make restitution in
certain cases. — Any person who has
participated gratuitously in the proceeds of
a felony shall be bound to make restitution
in an amount equivalent to the extent of
such participation.chanrobles virtual law
library

Chapter Three
EXTINCTION AND SURVIVAL OF
CIVIL LIABILITY

Art. 112. Extinction of civil liability. — Civil

liability established in Articles 100, 101,
102, and 103 of this Code shall be
extinguished in the same manner as
obligations, in accordance with the
provisions of the Civil Law.

Art. 113. Obligation to satisfy civil liability.

— Except in case of extinction of his civil

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