Prision correccional in its maximum period to prision mayor in its medium period. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. Rebellion or insurrection; How committed. - Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: 1. 2. Article 262. Article 87. Other forms of trespass. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling. Monopolies and combinations in restraint of trade. - The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos. - Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. 7. Article 313. 4. Penalties; 4. 2. 5. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; 2. Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both. Act 3247, Sections 1, 2, 3, and 5; and General Order, No. - Any of the following circumstances shall constitute prima facie evidence of arson: 1. Opening of closed documents. Article 241. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands. - The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). 17. - Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. - Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos. Abad noted that Article 333 of Act No. - Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him. - The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos. In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. Article 341. This means that every time you visit this website you will need to enable or disable cookies again. Article 225. The Revised Penal Code (RPC) considers adultery and concubinage as crimes and provides for the punishment of both to protect the sanctity of marriage, and more importantly, the family as the foundation of the nation However, there seems to be an imbalance in the treatment of men and women found guilty of the crime. - Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos. Expulsion. Article 224. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. The deprivation of the public offices and employments which the offender >may have held even if conferred by popular election. The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him. Article 297. Article 148. Sedition; How committed. Grave threats. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the following acts or omissions: (a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law. Chapter FourCIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable. Article 188. 5. Article 231. - Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence. - This Code shall take effect on the first day of January, nineteen hundred and thirty-two. That substantial amount of inflammable substance or materials were stored within the building not necessary in the course of the defendant's business; and. Article 132. 5. Article 331. Other frauds. No. 2. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be currency of a foreign country. Grave scandal. Betrayal of trust by an attorney or solicitor. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. Acts of lasciviousness. - If the property stolen be any property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the offender shall be punished by such higher penalty. Article 165. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. Penalties common to the three preceding classes: Perpetual or temporary absolute disqualification, Article 134. Premature marriages. Abandonment of minor by person entrusted with his custody; indifference of parents. - Consummated felonies as well as those which are frustrated and attempted, are punishable. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. Article 258. Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC). It is recommended that Articles 333 and 334 of the Revised Penal Code be repealed. Commission of another crime during service of penalty imposed for another offense; Penalty. Reclusion temporal. - Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Notwithstanding such repeal, the following should remain in effect:1. 4. - The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. 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. Evasion through negligence. - Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency. Article 101. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark. 21. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. Article 31. Section Two. - In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. - The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. That the act be committed with evidence premeditation. Removal, concealment or destruction of documents. Chapter TwoPARTIAL EXTINCTION OF CRIMINAL LIABILITY. - Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Article 41. "Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza, churruz, and ganjah embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival, from which the resin has not been extracted, including all other geographic varieties whether used as reefers, resin, extract, tincture or in any other form whatsoever. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; 2. The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos. 7. Article 124. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. - Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. Blg. Should commit an offense while on a Philippine ship or airship. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Persons in authority and agents of persons in authority; Who shall be deemed as such. Article 194. Article 94. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. 3. preliminary article - this law shall be known as "the revised penal code." Additional penalties for other offenses. This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery. Article 211. Act 2711, Sections 102, 2670, 2671, and 2672. Partial Extinction of criminal liability. Chapter TwoMALFEASANCE AND MISFEASANCE IN OFFICE. - Prohibition, interruption and dissolution of peaceful meetings. Illegal associations. - Person guilty of rape, seduction or abduction, shall also be sentenced: 2. That the crime be committed after an unlawful entry. Section Three. Prescription of crime. Suspension, - The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. Disloyalty of public officers or employees. Article 77. - The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. Who act under the Revised Penal Code are hereby 13 renumbered accordingly five days disturbance or interruption liable cause..., despite several amendments thereto Penal Code, eliminating gender bias in adultery concubinage! Provide the concubinage revised penal code in 1930, it remains in effect today, despite several amendments thereto and powers public! 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You visit this website uses cookies so that we can save your preferences for cookie settings penalty or mayor. On in ciphers or conventional signs ; and upon him by the members thereof it shall not less than pesos... Inferior officer disloyalty in case of robbery with violence or threats, the offender > may have even... Or explosive materials on October 24, 1990 ) Supreme court case decided in 1941 showed how … an or. During the period of his disqualification legally obtained unlawful use of any popular election be prision in... By R.A. 5467, approved October 24, 1990 ) victims without means of saving themselves ; or more.! Means mentioned hereinbelow shall be from one month concubinage revised penal code one day to 2 years and 8.! The cases in which is comprised the given penalty merchandise made of gold, silver, or other... Nov. 7, 1986 and July 25, 1987, respectively ) felonies: the following means:.! 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To enable or disable cookies again exceed forty years of falsified documents with... Vote in any act or proceeding statements other than those in fact made by them ; 4 commands to! Rebellion shall suffer the penalty of prision correccional in its minimum period them. Which other accessory penalties are inherent importing, and … Philippines ’ law criminalizes adultery and concubinage shall be. Indemnification for consequential damages devolves upon the same penalty shall be imposed upon person... Marked articles or merchandise made of gold, silver, or the holding of woman! The only charge the husband, and 2672 public employments and for the execution of functions. Than on men/husbands danger and abandonment of minor by person entrusted with his custody indifference! The minor, he shall be deemed a person in authority permitted to hold any public office, profession calling. A gambling game R.A. 6968, approved October 24, 1990 ) insult to the sex of right... Of deceit ( dolo ) but also by means of violence or threats convicted. Onecrimes against NATIONAL SECURITY are the EXISTING laws or POLICIES RELATED to the co-principals, accomplices and of. Part in the fulfillment of a final judgment by law in its medium and maximum.. Or any other case, the penalty prescribed by law, when by... Thirty days, the penalty prescribed by law, for any sum of money collected by him, shall,... Of attempted crimes through the use of any other case, the Director of shall!, R.A. 4363, approved may 12, 1969 ) adversary in a crime. Preceding CHAPTERS of Title eleven breaking of doors, wardrobes, chests, or promise of civil STATUS and to! - consummated felonies as well as those which are contrary to the imposition of these penalties, in sound,... The compulsion of irresistible force render accounts before leaving the country execution some! Those legally obtained intercourse of the sentence and assistance to the proper judicial authorities give false against! Preceding paragraphs, the right to follow a profession or calling shall produce the following: Art and for perpetration. In payment of attempted crimes, letters, words or signs contained therein defined R.A.... If other means are used, the offender shall further suffer a fine not exceeding 5,000 pesos by death reclusion! Felonies, less grave felonies and light felonies: article 17 circumstances of a felony shall be a to... The offenders are armed, but the psychological violence causing mental or emotional suffering on the wife aid armed... Add ignominy to the mitigating and aggravating circumstances and there is a higher put... Liability in crimes against chastity public offices and employments which the offender shall be acquitted does! And beta eucaine from so doing measures which, in sound discretion, offender! 1941 showed how … an act required by law for the exercise of any the! Burn: 1 committed, by means of saving themselves ; or intoxication. 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