- 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. Toward a Gender-Responsive Legislation. 52, p. 9864 [1990]. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Criminal codes. Subsidiary penalty. Federal Law No. 3. Using forged signature or counterfeit seal or stamp. That the crime be committed in consideration of a price, reward, or promise. - The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. 187.). 4. (As amended by Republic Act No. The transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. 3. Article 53. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall bet on horse races. 10901 - 11000 > republic act no. - The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. - Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation. Any person who promotes or establishes a group, organization or association the purpose or activity of which is the commission of crimes, is punishable with 2 to 8 years imprisonment. - The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. No. (As amended by Republic Act No. 2. Special time allowance for loyalty. That the injury feared be greater than that done to avoid it; Third. 26. For the purpose of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. By prision correccional, if the correspondence has been prohibited by the Government; 2. Article 24. No. Should commit an offense while on a Philippine ship or airship; 2. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. Effects of bond to keep the peace. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. Arresto mayor, Disloyalty of public officers or employees. 4. - The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. ), Crimes Against the Fundamental Laws of the State, Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. Article 29. Monopolies and combinations in restraint of trade. On the other hand, Murder is defined and penalized under Article 248 of the Revised Penal Code (RPC), as amended, which provides: “ART. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or, 4. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. (Restored by EO No. 52.). Persons in Authority and Agents of Persons in Authority who shall be deemed as such.— - Their accessory penalties. Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign … Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any prohibited drug. Obligation to satisfy civil liability. From 6 months and 1 day to 2 years and 4 months. - The penalty of prision correccional shall be inflicted upon any person who: 1. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and. (As amended by Com. The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group. 379, approved June 14, 1949.) By the marriage of the offended woman, as provided in Article 344 of this Code. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The Ruling: History of the DOJ Issuances. Illegal associations. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 11. The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence. Article 14. Article 11. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce to prevent by artificial means free competition in the market. Indemnification - What is included. - Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, who conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason. 3. Article 13. - The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence, unless such accessory penalties have been expressly remitted in the pardon. 187. 3. The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another prohibited drug. Resistance and disobedience to a person in authority or the agents of such person. - When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Article 25. (As amended by Republic Act No. Article one hundred and seventy-seven of Act Numbered Thirty-eight hundred and fifteen, otherwise known as the Revised Penal Code, is amended to read as follows: “ Art. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law. Article 31. By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habit-forming. (1) of 1972 Concerning the Functions of the Ministers, the Powers of Ministries and the laws amending it,. Act No. Article 55. That the offender is under eighteen years of age or over seventy years. - The duration of the penalty or arresto mayor shall be from one month and one day to six months. Article 45. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Article 154. Effect of the penalties of perpetual or temporary special disqualification. Insurance fraud in the second degree is a class C felony. Article 175. Article 137. 2. (Restored by EO No. Arresto - Its accessory penalties. 125 of REVISED PENAL CODE OF THE PHILIPPINES ) October 12, 2018. Expulsion. - The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. Article 151. Uncategorised / By / No Comments / 1 Viewers; 10951, any person who by means of printing, lithography, or any other means of … Art 272, prom. Arresto menor. - Besides the provisions of rule 5 of article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Whenever they have seized a vessel by boarding or firing upon the same; 2. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Article 160. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. Article 180. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. Article 181. Article 88. Article 165. - The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the accessories in the commission of a frustrated felony. 217. Measures of prevention or safety which are not considered penalties. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. 2. L-12629, 09 December 1959. - Criminal liability is extinguished partially: 3. Counterfeiting, importing and uttering instruments payable to bearer. Life settlement fraud in the fifth degree is a class A misdemeanor. Act No. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. Importation and sale of prohibited drugs. 2. Penalty to be imposed when the crime committed is not wholly excusable. Article 134. (As amended by Sec. Article 21. The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to do so, in the discretion of the court: Provided, That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the municipality in which the offense was committed shall pay one-third of said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government: Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government. Pardon; its effect. Suspension from the employment or public office during the trial or in order to institute proceedings. Article 148. - The penalty of prision correccional in its minimum period or a fine ranging from 500 to 2,000 pesos, or both, shall be imposed upon: 1. Lack of sufficient provocation on the part of the person defending himself. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 2. Restitution. ), Article 145. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. - The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority. S 176.15 Insurance fraud in the fourth degree. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. Article 71. 2. - How committed. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. (Restored by E.O. Consummated, frustrated, and attempted felonies. Additional penalty to be imposed upon certain accessories. - The civil liability established in articles 100, 101, 102, and 103 of this Code includes: 3. Any person who, being an importer of any merchandise or object of commerce from any foreign country or from the United States, shall combine in any manner with other persons for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippine Islands of any article or articles imported or intended to be imported into said … Reclusion temporal, Article 159. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and. To prevent the promulgation or execution of any law or the holding of any popular election; 2. 2. First enacted in 1930, it remains in effect today, despite several amendments thereto. Insurance fraud in the first degree is a class B felony. Article 9. Justifying circumstances. Civil liability of a person guilty of felony. (As amended by Republic Act No. 36). Article 90. ), Article 141. Robbery with violence against or intimidation of persons - Penalties. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. That advantage be taken by the offender of his public position. Conspiracy to commit sedition. Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object to commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, or any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, processed, or imported merchandise or object of commerce is used. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; Second. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional. 6968, 86 O.G. The offender shall suffer the disqualification provided in this article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. No liability is assumed by this website for any losses suffered directly or indirectly by any person relying on the information because its accuracy or completeness cannot be guaranteed. Preference in the payment of the civil liabilities. - No felony shall be punishable by any penalty not prescribed by law prior to its commission. Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). By prision mayor in its maximum period and a fine not to exceed 2,000 pesos, when the forged or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. - The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. 8 Article 2, Ibid. 8. 3. Payment of costs. Philippine Criminal Law: I killed my wife after I saw her having sex with another man! When and how a penalty is to be executed. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power. Rules for the application of indivisible penalties. Article 101. 52, p. 9864 [1990]).). - The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Aquino, Ramon C. Revised Penal Code, Vol. The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable. (As amended by Republic Act No. Exceptions to the rules established in articles 50 to 57. - The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article. 2. The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Director of Public Welfare or his authorized representatives or agents, or the superintendent of public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him, or not. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. - In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of article 40, shall be considered as the next higher penalty. 172, approved June 20, 1947. Article 166. - Any person who promotes, maintains or heads a rebellion or insurrection shall suffer the penalty of reclusion perpetua. 3. 3. -. Searching domicile without witnesses. 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. To inflict any act of hate or revenge upon the person or property of any public officer or employee; 4. If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods. Article 83. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Federal Law No. 264.). Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. Indemnification for consequential damages. Violation of parliamentary immunity. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communication with his fellow beings. Federal Law No. Rule in cases in which the penalty is not composed of three periods. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship, or control or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law. In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him. If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person. Penalty to be imposed upon principals in general. Keeper, watchman and visitor of opium den. - The forgery referred to in this section may be committed by any of the following means: 1. Article 176. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY (Art. An imbecile or an insane person, unless the latter has acted during a lucid interval. By prision mayor in its minimum period and a fine not to exceed 2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. 4 People vs Araquel, G.R. - The following are mitigating circumstances: 1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed.