REVISED PENAL CODE

when

Art. 2. Application of its provisions.

imprudence, negligence, lack of foresight,

Except as provided in the treaties and

or lack of skill.chanrobles virtual law

laws

library

of

preferential

application,

the

the

wrongful

provisions of this Code shall be enforced

Art.

not

liability shall be incurred:

only

within

the

Philippine

4. Criminal

act

results

liability.

from

Criminal

Archipelago, including its atmosphere, its

1. By any person committing a felony

interior waters and maritime zone, but

(delito) although the wrongful act done

also outside of its jurisdiction, against

be

those who:

intended.chanrobles virtual law library

1. Should commit an offense while on a

2. By any person performing an act which

Philippine ship or airship

would be an offense against persons or

2. Should forge or counterfeit any coin or

property, were it not for the inherent

currency note of the Philippine Islands or

impossibility of its accomplishment or an

obligations and securities issued by the

account of the employment of inadequate

Government

or ineffectual means.chanrobles virtual

of

the

Philippine

different

from

that

which

he

Islands; chan robles virtual law library

law library

3. Should be liable for acts connected

Art. 5. Duty of the court in connection

with the introduction into these islands of

with acts which should be repressed but

the obligations and securities mentioned

which are not covered by the law, and in

in the presiding number;

cases

4.

being

employees, should commit an offense in

has knowledge of any act which it may

the exercise of their functions; or

deem proper to repress and which is not

commit

any

officers

excessivepenalties.chanrobles

virtual law library Whenever a court

Should

public

of

or

5.

While

crimes

punishable by law, it shall render the

against national security and the law of

of

the

proper decision, and shall report to the

nations, defined in Title One of Book Two

Chief Executive, through the Department

of this Code.chanrobles virtual law library

of Justice, the reasons which induce the

Title One

court to believe that said act should be

FELONIES AND CIRCUMSTANCES

made

WHICH AFFECT CRIMINAL LIABILITY

the

subject

of

legislation.chanrobles virtual law library

Chapter One

In the same way, the court shall submit to

FELONIES

the

Chief

Executive,

through

the

Department of Justice, such statement as

Art. 3. Definitions. Acts and omissions

may

punishable

suspending

by

law

are

felonies

(delitos).chanrobles virtual law library

Felonies

are

committed

not

only

be

of

penalty,

virtual

execution

without
of

the

the provisions of this Code would result in

the

(culpa).chanrobles

the

proper,

sentence, when a strict enforcement of

be

means of deceit (dolo) but also by means

fault

deemed

law

imposition
taking

of

into

clearly

excessive

consideration

the

library

degree of malice and the injury caused by

There is deceit when the act is performed

the offense.chanrobles virtual law library

with deliberate intent and there is fault

Art.

6. Consummated,

frustrated,

attempted

felonies.

felonies

well

as

frustrated

as

and

and

Consummated

those

which

attempted,

its execution to some other person or

persons.chanrobles virtual law library

are

Art. 9. Grave felonies, less grave felonies

are

and light felonies. Grave felonies are

punishable.chanrobles virtual law library

those to which the law attaches the

A felony is consummated when all the

capital punishment or penalties which in

elements necessary for its execution and

any of their periods are afflictive, in

accomplishment are present; and it is

accordance

frustrated when the offender performs all

Code.chanrobles virtual law library

the

would

Less grave felonies are those which the

produce the felony as a consequence but

law punishes with penalties which in their

which, nevertheless, do not produce it by

maximum

reason of causes independent of the will

accordance

of the perpetrator.chanrobles virtual law

Art..chanrobles virtual law library

library

Light felonies are those infractions of law

There is an attempt when the offender

for the commission of which a penalty of

commences the commission of a felony

arrest menor or a fine not exceeding 200

directly

pesos

acts

of

or

execution

over

which

acts,

and

does

not

or

with

Art.

period

are

with

both;

the

is

25

of

this

correctional,

in

above-mentioned

provided.chanrobles

perform all the acts of execution which

virtual law library

should produce the felony by reason of

Art.

some cause or accident other than this

provisions of this Code. Offenses which

own spontaneous desistance.chanrobles

are or in the future may be punishable

virtual law library

under special laws are not subject to the

Art.

7. When

light

punishable.

Light

10. Offenses

not

provisions of this Code. This Code shall be

felonies

are

supplementary to such laws, unless the

consummated,

contrary.chanrobles

committed

the
against

property.chanrobles

exception

of

person

or

virtual

and

proposal

specially

provide

virtual

law

the

library

Chapter Two
JUSTIFYING CIRCUMSTANCES

Art. 8. Conspiracy and proposal to commit

Conspiracy

should

law

library chan robles virtual law library

felony.

the

are

latter

those

to

felonies

punishable only when they have been

with

subject

AND CIRCUMSTANCES WHICH EXEMPT

to

FROM CRIMINAL LIABILITY

commit felony are punishable only in the

cases in which the law specially provides

Art. 11. Justifying circumstances. The

a penalty therefor.chanrobles virtual law

following

library

liability:

do

not

incur

any

criminal

A conspiracy exists when two or more

persons

come

to

an

agreement

1. Anyone who acts in defense of his

concerning the commission of a felony

person

and

following

decide

to

commit

it.chanrobles

or

rights,

provided

circumstances

that

the

concur;

virtual law library

There is proposal when the person who

First.

Unlawful

has decided to commit a felony proposes

virtual law library

aggression.chanrobles

Second.
means

Reasonable
employed

to

necessity
prevent

of

the

or

repel

right

or

office.chanrobles

virtual

law

library

it.chanrobles virtual law library

6. Any person who acts in obedience to an

Third. Lack of sufficient provocation on

order issued by a superior for some lawful

the

purpose.chanrobles virtual law library

part

of

the

person

defending

himself.chanrobles virtual law library

Art.

2. Any one who acts in defense of the

from criminal liability. the following are

person

exempt from criminal liability:

or

rights

of

his

spouse,

12. Circumstances

which

exempt

ascendants, descendants, or legitimate,

1. An imbecile or an insane person, unless

natural or adopted brothers or sisters, or

the

his

interval.chanrobles virtual law library

relatives

by

affinity

in

the

same

latter

has

acted

during

lucid

degrees and those consanguinity within

When the imbecile or an insane person

the fourth civil degree, provided that the

has committed an act which the law

first and second requisites prescribed in

defines as a felony (delito), the court

the

shall order his confinement in one of the

next

preceding

circumstance

are

present, and the further requisite, in case

hospitals

the revocation was given by the person

persons thus afflicted, which he shall not

attacked, that the one making defense

be

had no part therein.chanrobles virtual law

obtaining the permission of the same

library

court.chanrobles virtual law library

3. Anyone who acts in defense of the

2.

person or rights of a stranger, provided

age.chanrobles virtual law library

that

requisites

3. A person over nine years of age and

mentioned in the first circumstance of

under fifteen, unless he has acted with

this Art. are present and that the person

discernment, in which case, such minor

defending be not induced by revenge,

shall be proceeded against in accordance

resentment,

with the provisions of Art. 80 of this

the

first

and

second

or

other

evil

or

asylums

permitted

person

to

established

leave

under

for

without

nine

first

years

of

motive.chanrobles virtual law library

Code.chanrobles virtual law library

4. Any person who, in order to avoid an

When

evil or injury, does not act which causes

criminally

damage to another, provided that the

conformably with the provisions of this

following

and

requisites

are

present;

such

the

minor

is

adjudged

irresponsible,
preceding

the

to

be

court,

in

paragraph,

shall

commit him to the care and custody of his

First. That the evil sought to be avoided

family who shall be charged with his

actually exists;

surveillance and education otherwise, he

Second. That the injury feared be greater

shall be committed to the care of some

than that done to avoid it;

institution

Third. That there be no other practical

saidArt. 80.chanrobles virtual law library

and less harmful means of preventing

4. Any person who, while performing a

it.chanrobles virtual law library

lawful act with due care, causes an injury

5. Any person who acts in the fulfillment

by

of a duty or in the lawful exercise of a

intention of causing it.chanrobles virtual

mere

law library

or

person

accident

mentioned

without

fault

in

or

5.

Any

person

who

compulsion

act

under

of

the

irresistible

passion or obfuscation.chanrobles virtual

law library

force.chanrobles virtual law library

7.

6. Any person who acts under the impulse

surrendered

of an uncontrollable fear of an equal or

authority or his agents, or that he had

greater

voluntarily confessed his guilt before the

injury.chanrobles

virtual

law

That

the

offender
himself

had

to

voluntarily
person

in

library

court prior to the presentation of the

7. Any person who fails to perform an act

evidence for the prosecution;

required by law, when prevented by some

8. That the offender is deaf and dumb,

lawful

blind

insuperable

cause.chanrobles

virtual law library

or

otherwise

suffering

some

physical defect which thus restricts his

Chapter Three

means

CIRCUMSTANCES WHICH

of

action,

communications

MITIGATE CRIMINAL LIABILITY

defense,

with

his

or
fellow

beings.chanrobles virtual law library

9. Such illness of the offender as would

Art. 13. Mitigating circumstances. The

diminish the exercise of the will-power of

following are mitigating circumstances;

the offender without however depriving

1. Those mentioned in the preceding

him

chapter, when all the requisites necessary

acts.chanrobles virtual law library chan

to justify or to exempt from criminal

robles virtual law library

liability in the respective cases are not

10. And, finally, any other circumstances

attendant.chanrobles virtual law library

of a similar nature and analogous to

2. That the offender is under eighteen

those above mentioned.chanrobles virtual

year of age or over seventy years. In the

law library

of

the

consciousness

case of the minor, he shall be proceeded

Chapter Four

against in accordance with the provisions

CIRCUMSTANCE WHICH

of Art. 80.chanrobles virtual law library

of

his

AGGRAVATE CRIMINAL LIABILITY

3. That the offender had no intention to

commit

so

grave

wrong

as

that

Art.

14. Aggravating

committed.chanrobles virtual law library

The

4. That sufficient provocation or threat on

circumstances:

the

1.

part

of

the

offended

party

following
That

advantage

circumstances.

are
be

aggravating
taken

by

the

immediately preceded the act.chanrobles

offender of his public position.chanrobles

virtual law library

virtual law library

5. That the act was committed in the

2.

immediate vindication of a grave offense

contempt or with insult to the public

to the one committing the felony (delito),

authorities.chanrobles virtual law library

his spouse, ascendants, or relatives by

3. That the act be committed with insult

affinity

or in disregard of the respect due the

within

the

same

That

the

crime

be

committed

in

degrees.chanrobles virtual law library

offended party on account of his rank,

6. That of having acted upon an impulse

age, or sex, or that is be committed in the

so powerful as naturally to have produced

dwelling of the offended party, if the

latter

has

not

given

11.

That

the

crime

promise.chanrobles virtual law library

of

12. That the crime be committed by

ungratefulness.chanrobles

obvious
virtual

law

means

of

price,

in

4. That the act be committed with abuse

or

committed

consideration

confidence

of

be

provocation.chanrobles virtual law library

inundation,

fire,

5. That the crime be committed in the

international damage thereto, derailment

palace of the Chief Executive or in his

of a locomotive, or by the use of any

presence, or where public authorities are

other artifice involving great waste and

engaged in the discharge of their duties,

ruin.chanrobles virtual law library

or

13.

place

dedicated

to

religious

That

the

act

be

poison,

explosion,

of

or

library

in

stranding

reward,

vessel

committed

or

with

worship.chanrobles virtual law library

evidence

6. That the crime be committed in the

virtual law library

night time, or in an uninhabited place, or

14. That the craft, fraud or disguise be

by a band, whenever such circumstances

employed.chanrobles virtual law library

may

15. That advantage be taken of superior

facilitate

the

commission

of

the

offense.chanrobles virtual law library

strength,

Whenever

weaken

more

than

three

armed

premeditation.chanrobles

or
the

means

be

employed

defense.chanrobles

to

virtual

malefactors shall have acted together in

law library

the commission of an offense, it shall be

16.

deemed to have been committed by a

treachery

band.chanrobles virtual law library

law library

7. That the crime be committed on the

There is treachery when the offender

occasion of a conflagration, shipwreck,

commits any of the crimes against the

earthquake, epidemic or other calamity or

person, employing means, methods, or

misfortune.chanrobles virtual law library

forms in the execution thereof which tend

8. That the crime be committed with the

directly

aid of armed men or persons who insure

execution, without risk to himself arising

or afford impunity.chanrobles virtual law

from the defense which the offended

library

party might make.chanrobles virtual law

9.

That

the

accused

is

That

the

act

be

committed

(alevosia).chanrobles

and

specially

to

with

virtual

insure

its

library

recidivist.chanrobles virtual law library

17.

A recidivist is one who, at the time of his

circumstances brought about which add

trial

ignominy to the natural effects of the

for

one

crime,

shall

have

been

That

means

be

employed

or

previously convicted by final judgment of

act.chanrobles virtual law library

another crime embraced in the same title

18. That the crime be committed after an

of this Code.chanrobles virtual law library

unlawful

10. That the offender has been previously

library

punished by an offense to which the law

There

attaches an equal or greater penalty or

entrance of a crime a wall, roof, floor,

for

door, or window be broken.chanrobles

two

or

attaches

more

crimes

lighter

virtual law library

to

which

it

penalty.chanrobles

is

entry.chanrobles
an

unlawful

virtual law library

virtual

entry

when

law
an

20. That the crime be committed with the

PERSONS CRIMINALLY LIABLE FOR

aid of persons under fifteen years of age

FELONIES

or by means of motor vehicles, motorized

watercraft,

airships,

or

other

similar

means. (As amended by RA 5438).

21.

That

the

wrong

done

Art. 16. Who are criminally liable. The

following are criminally liable for grave

in

the

and less grave felonies:

commission of the crime be deliberately

1. Principals.chanrobles virtual law library

augmented by causing other wrong not

2.

necessary for its commissions.chanrobles

library

virtual law library

3.

Chapter Five

Accomplices.chanrobles
Accessories.chanrobles

virtual

law

virtual

law

library

ALTERNATIVE CIRCUMSTANCES

The following are criminally liable for

light felonies:

Art.

15. Their

concept.

Alternative

1. Principals

circumstances are those which must be

2.

taken into consideration as aggravating

library

or mitigating according to the nature and

Art. 17. Principals. The following are

effects

considered principals:

of

the

crime

and

the

other

Accomplices.chanrobles

virtual

law

conditions attending its commission. They

1. Those who take a direct part in the

are the relationship, intoxication and the

execution of the act;

degree of instruction and education of the

2. Those who directly force or induce

offender.chanrobles virtual law library

others to commit it;

The

alternative

relationship

circumstance

shall

taken

3.

Those

who

cooperate

in

the

into

commission of the offense by another act

consideration when the offended party in

without which it would not have been

the

accomplished.chanrobles

spouse,

be

of

ascendant,

descendant,

virtual

law

legitimate, natural, or adopted brother or

library

sister, or relative by affinity in the same

Art. 18. Accomplices. Accomplices are

degrees of the offender.chanrobles virtual

those persons who, not being included in

law library

Art. 17, cooperate in the execution of the

The intoxication of the offender shall be

offense

taken into consideration as a mitigating

acts.chanrobles virtual law library

circumstances

when

Art. 19. Accessories. Accessories are

committed

felony

the

offender

in

state

has
of

those

by

previous

who,

having

or

simultaneous

knowledge

of

the

intoxication, if the same is not habitual or

commission of the crime, and without

subsequent to the plan to commit said

having

felony

principals

habitual

but
or

considered

when

the

intentional,
as

an

circumstance.chanrobles
library

intoxication
it

shall

is
be

aggravating
virtual

law

participated
or

therein,

accomplices,

either
take

as

part

subsequent to its commission in any of

the

following

manners: chan

robles

virtual law library

1. By profiting themselves or assisting
the offender to profit by the effects of the

Title Two

crime.chanrobles virtual law library

2. By concealing or destroying the body of

the

the crime, or the effects or instruments

same.chanrobles virtual law library

thereof,

Art. 23. Effect of pardon by the offended

in

order

to

prevent

its

convict

is

serving

the

discovery.chanrobles virtual law library

party. A pardon of the offended party

3. By harboring, concealing, or assisting

does

in the escape of the principals of the

except as provided in Article 344 of this

crime, provided the accessory acts with

Code; but civil liability with regard to the

abuse of his public functions or whenever

interest

the author of the crime is guilty of

extinguished

treason, parricide, murder, or an attempt

waiver.chanrobles virtual law library

to take the life of the Chief Executive, or

Art. 24. Measures of prevention or safety

is known to be habitually guilty of some

which are nor considered penalties. The

other crime.chanrobles virtual law library

following

Art. 20. Accessories who are exempt from

penalties:

criminal

1. The arrest and temporary detention of

liability.

The

penalties

not

of

accused

imposed upon those who are such with

detention

respect

imbecility,

their

descendants,

spouses,

legitimate,

ascendants,
natural,

and

the

criminal

injured

by

shall

prescribed for accessories shall not be

to

extinguish

party

his

not

be

persons,

as

action

express

considered

well

as

by

reason

of

or

illness

requiring

confinement

in

is

as

their

insanity

or

their

hospital.chanrobles

adopted brothers and sisters, or relatives

virtual law library

by affinity within the same degrees, with

2. The commitment of a minor to any of

the single exception of accessories falling

the institutions mentioned in Article 80

within the provisions of paragraph 1 of

and

the

therein.chanrobles virtual law library

next

virtual

preceding

article.chanrobles

law

library

for

the

purposes

specified

3. Suspension from the employment of

public office during the trial or in order to

Title Three
PENALTIES
Chapter One
PENALTIES IN GENERAL

institute proceedings.chanrobles virtual

law library
4. Fines and other corrective measures
which,

in

the

administrative

exercise
disciplinary

of

their
powers,

Art. 21. Penalties that may be imposed.

superior officials may impose upon their

No felony shall be punishable by any

subordinates.chanrobles

penalty not prescribed by law prior to its

library

commission.chanrobles virtual law library

5.

Art. 22. Retroactive effect of penal laws.

reparations

Penal Laws shall have a retroactive

establish in penal form.chanrobles virtual

effect insofar as they favor the persons

law library

Deprivation

of

which

virtual

rights

the

civil

law

and

the

laws

may

guilty of a felony, who is not a habitual

Chapter Two

criminal, as this term is defined in Rule 5

CLASSIFICATION OF PENALTIES

of Article 62 of this Code, although at the

time of the publication of such laws a

Art.

25. Penalties

which

may

be

final sentence has been pronounced and

imposed. The penalties which may be

imposed according to this Code, and their

as a single of as an alternative penalty,

different classes, are those included in

shall be considered an afflictive penalty, if

the following:

it exceeds 6,000 pesos; a correctional

Scale

penalty, if it does not exceed 6,000 pesos

Principal Penalties

but is not less than 200 pesos; and a light

Capital punishment:
Death.

penalty

if

it

pesos.chanrobles

less

than

virtual

law

200
library

Afflictive penalties:
Reclusion perpetua,

Chapter Three

Reclusion temporal,

DURATION AND EFFECTS OF PENALTIES

Perpetual or temporary

Section One. Duration of Penalties

absolute disqualification,
Perpetual or temporary

Art. 27. Reclusion perpetua. Any person

special disqualification,

sentenced

to

Prision mayor.

penalties

shall

Correctional penalties:

any
be

of

the

perpetual

pardoned

after

undergoing the penalty for thirty years,

Prision correccional,

unless such person by reason of his

Arresto mayor,

conduct or some other serious cause shall

Suspension,

be considered by the Chief Executive as

Destierro.

unworthy

Light penalties:

of

pardon.chanrobles

virtual

law library

Arresto menor,

Reclusion temporal. The penalty of

Public censure.

reclusion temporal shall be from twelve

Penalties common to the three

years

and

one

day

preceding classes:

years.chanrobles virtual law library

and

twenty

Fine, and

Prision

Bond to keep the peace.

disqualification. The duration of the

Accessory Penalties

mayor

to

temporary

penalties of prision mayor and temporary

Perpetual or temporary absolute

disqualification shall be from six years

disqualification,

and one day to twelve years, except when

Perpetual or temporary special

the penalty of disqualification is imposed

disqualification,

as an accessory penalty, in which case its

Suspension from public office, the

duration shall be that of the principal

right to vote and be voted for, the

penalty.chanrobles virtual law library

profession or calling.

Prision

Civil interdiction,

destierro. The duration of the penalties

Indemnification,

of prision correccional, suspension and

Forfeiture or confiscation of

destierro shall be from six months and

instruments and proceeds of the

one

offense,

suspension is imposed as an accessory

Payment of costs.

penalty, in which case, its duration shall

correccional,

day

to

that

six

of

suspension,

years,

the

except

and

when

Art. 26. When afflictive, correctional, or

be

principal

light penalty. A fine, whether imposed

penalty.chanrobles virtual law library

Arresto mayor. The duration of the

1. When they are recidivists or have been

penalty of arresto mayor shall be from

convicted previously twice or more times

one

of any crime; and

month

and

one

day

to

six

months.chanrobles virtual law library

2. When upon being summoned for the

Arresto menor. The duration of the

execution of their sentence they have

penalty of arresto menor shall be from

failed to surrender voluntarily.chanrobles

one day to thirty days.chanrobles virtual

virtual law library

law library

If the detention prisoner does not agree

Bond to keep the peace. The bond to

to abide by the same disciplinary rules

keep the peace shall be required to cover

imposed upon convicted prisoners, he

such period of time as the court may

shall be credited in the service of his

determine.chanrobles virtual law library

sentence

Art. 28. Computation of penalties. If the

during

offender shall be in prison, the term of

preventive

the duration of the temporary penalties

by

shall be computed from the day on which

1970).chanrobles virtual law library

the judgment of conviction shall have

Whenever

become

preventive

final.chanrobles

virtual

law

with

four-fifths

which

he

has

the

Act

an

6127,

accused

undergone

for

maximum imprisonment of the offense

of the duration of the penalty consisting

charged to which he may be sentenced

of

be

and his case is not yet terminated, he

computed from the day that the offender

shall be released immediately without

is placed at the disposal of the judicial

prejudice to the continuation of the trial

authorities for the enforcement of the

thereof or the proceeding on appeal, if

penalty.

other

the same is under review. In case the

penalties shall be computed only from the

maximum penalty to which the accused

day on which the defendant commences

may be sentenced is destierro, he shall be

to serve his sentence.chanrobles virtual

released

law library

preventive

Art.

The

duration

29. Period

imprisonment

the

of

deducted

imprisonment.

of

shall

preventive
from

Offenders

term

who

credited

sentence

in

the

consisting

service
of

of

E.O.

thirty

No.

214,

have

10,

of

1988).

according to their respective nature

their

deprivation

of

Art.

30. Effects

of

perpetual

they

disqualification.

undergone

July

days

amended

Section Two. Effects of the penalties

liberty, with the full time during which

have

(30)

imprisonment. (As

possible

of

undergone preventive imprisonment shall

be

by

after

the

period

If the offender be not in prison, the term

liberty

than

equal

of

more

17,

library

deprivation

or

amended
June

has

imprisonment

time

undergone

imprisonment. (As

Republic

to

of

preventive

or

penalties

temporary
The

absolute

penalties

of

perpetual

agrees voluntarily in writing to abide by

disqualification

the same disciplinary rules imposed upon

produce the following effects:

convicted

1. The deprivation of the public offices

following cases:

except

in

the

temporary

of

imprisonment, if the detention prisoner

prisoners,

or

the

for

public

absolute
office

shall

and employments which the offender may

have held even if conferred by popular

according to the nature of said penalty, of

election.chanrobles virtual law library

the right to vote in any popular election

2. The deprivation of the right to vote in

for any public office or to be elected to

any election for any popular office or to

such office. Moreover, the offender shall

be

not be permitted to hold any public office

elected

to

such

office.chanrobles

virtual law library

during

3. The disqualification for the offices or

disqualification.chanrobles

public employments and for the exercise

library

of any of the rights mentioned.chanrobles

Art.

virtual

suspension

law

library

the

period

33. Effects

of

from

the
any

of

his

virtual

law

penalties
public

of

office,

profession or calling, or the right of

In

case

of

temporary

disqualification,

suffrage. The suspension from public

such disqualification as is comprised in

office,

paragraphs 2 and 3 of this article shall

exercise of the right of suffrage shall

last

disqualify the offender from holding such

during

the

term

of

the

profession

or

calling,

and

the

sentence.chanrobles virtual law library

office or exercising such profession or

4. The loss of all rights to retirement pay

calling or right of suffrage during the

or other pension for any office formerly

term of the sentence.chanrobles virtual

held.chanrobles virtual law library

law library

Art.

31. Effect

perpetual

of

or

the

penalties

temporary

disqualification.

The

perpetual

temporal

or

disqualification

special

penalties

for

of
of

special

public

office,

The

person

suspended

from

holding

public office shall not hold another having

similar functions during the period of his
suspension.chanrobles virtual law library
Art.

34. Civil

interdiction.

Civil

profession or calling shall produce the

interdiction shall deprive the offender

following effects:

during the time of his sentence of the

1.

The

deprivation

employment,

of

profession

the

office,

rights

of

parental

or

calling

guardianship, either as to the person or

property

2. The disqualification for holding similar

authority, of the right to manage his

offices or employments either perpetually

property and of the right to dispose of

or

sentence

such

of

conveyance inter vivos.chanrobles virtual

according

the

term

to

the

of

the

extent

disqualification.chanrobles

such

virtual

law

library
Art.

perpetual

of

or

the

penalties

temporary

property

by

ward,

any

of

act

marital

or

any

law library
Art.

32. Effect

any

or

affected;

during

of

authority,

35. Effects

of

bond

to

keep

the

of

peace. It shall be the duty of any

special

person sentenced to give bond to keep

disqualification for the exercise of the

the

right of suffrage. The perpetual or

sureties who shall undertake that such

temporary special disqualification for the

person will not commit the offense sought

exercise of the right of suffrage shall

to be prevented, and that in case such

deprive

or

offense be committed they will pay the

sentence,

amount determined by the court in the

during

the
the

offender
term

of

perpetually
the

peace,

to

present

two

sufficient

judgment, or otherwise to deposit such

3. The fine.chanrobles virtual law library

amount in the office of the clerk of the

4. The cost of the proceedings.chanrobles

court

virtual law library

to

guarantee

said

undertaking.chanrobles virtual law library

Art.

The court shall determine, according to

convict has no property with which to

its discretion, the period of duration of

meet the fine mentioned in the paragraph

the bond.chanrobles virtual law library

3 of the nest preceding article, he shall

Should the person sentenced fail to give

be

the bond as required he shall be detained

liability at the rate of one day for each

for a period which shall in no case exceed

eight

six

rules:

months,

is

he

shall

have

been

39. Subsidiary

subject

to

pesos,

penalty.

If

subsidiary

subject

to

the

the

personal
following

prosecuted for a grave or less grave

1. If the principal penalty imposed be

felony, and shall not exceed thirty days, if

prision correccional or arresto and fine,

for a light felony.chanrobles virtual law

he shall remain under confinement until

library

his fine referred to in the preceding

Art. 36. Pardon; its effect. A pardon

paragraph is satisfied, but his subsidiary

shall not work the restoration of the right

imprisonment shall not exceed one-third

to hold public office, or the right of

of the term of the sentence, and in no

suffrage, unless such rights be expressly

case shall it continue for more than one

restored

year, and no fraction or part of a day shall

by

the

terms

of

the

pardon.chanrobles virtual law library

be

A pardon shall in no case exempt the

prisoner.chanrobles virtual law library

culprit from the payment of the civil

2. When the principal penalty imposed be

indemnity

only a fine, the subsidiary imprisonment

imposed

upon

him

by

the

counted

against

the

sentence.chanrobles virtual law library

shall not exceed six months, if the culprit

Art. 37. Cost; What are included. Costs

shall have been prosecuted for a grave or

shall include fees and indemnities in the

less grave felony, and shall not exceed

course

fifteen

of

the

judicial

proceedings,

days,

if

for

light

whether they be fixed or unalterable

felony.chanrobles virtual law library

amounts previously determined by law or

3. When the principal imposed is higher

regulations

not

than prision correccional, no subsidiary

subject to schedule.chanrobles virtual law

imprisonment shall be imposed upon the

library

culprit.chanrobles virtual law library

Art.

in

force,

amounts

of

4. If the principal penalty imposed is not

payment. In case the property of the

to be executed by confinement in a penal

offender should not be sufficient for the

institution, but such penalty is of fixed

payment of all his pecuniary liabilities,

duration, the convict, during the period of

the same shall be met in the following

time established in the preceding rules,

order:

shall

1.

38. Pecuniary

or

The

liabilities;

reparation

of

the

Order

damage

continue

deprivations

as

to

suffer

those

which

same
the

caused.chanrobles virtual law library

principal

2.

virtual law library chan robles virtual law

Indemnification

of

consequential

damages.chanrobles virtual law library

library

penalty

of

the

consists.chanrobles

5. The subsidiary personal liability which

Art. 43. Prision correccional; Its accessory

the convict may have suffered by reason

penalties.

of his insolvency shall not relieve him,

correccional shall carry with it that of

from

financial

suspension from public office, from the

improve. (As

right to follow a profession or calling, and

the

fine

in

circumstances

case

his

should

The

penalty

of

prision

amended by RA 5465, April 21, 1969).

that of perpetual special disqualification

Section Three. Penalties in which other

from the right of suffrage, if the duration

accessory penalties

of

are inherent

said

imprisonment

eighteen

months.

The

shall

exceed

offender

shall

suffer the disqualification provided in the

Art. 40. Death; Its accessory penalties.

article

The

principal penalty, unless the same shall

death

penalty,

when

it

is

not

although

to

have

pardon

pardon.chanrobles virtual law library

carry

with

it

that

of

expressly

as

executed by reason of commutation or

shall

been

pardoned

the

Art.

that of civil interdiction during thirty

penalties. The penalty of arresto shall

years following the date sentence, unless

carry with it that of suspension of the

such

right too hold office and the right of

expressly

penalties

have

remitted

been

in

the

suffrage

during

Its

in

perpetual absolute disqualification and

accessory

44. Arresto;

remitted

the

the

term

accessory

of

the

pardon.chanrobles virtual law library

sentence.chanrobles virtual law library

Art. 41. Reclusion perpetua and reclusion

Art. 45. Confiscation and forfeiture of the

temporal;

proceeds or instruments of the crime.

Their

accessory

penalties.

The penalties of reclusion perpetua and

Every

reclusion temporal shall carry with them

commission of a felony shall carry with it

that of civil interdiction for life or during

the forfeiture of the proceeds of the

the period of the sentence as the case

crime and the instruments or tools with

may be, and that of perpetual absolute

which

disqualification which the offender shall

virtual law library

suffer even though pardoned as to the

Such proceeds and instruments or tools

principal penalty, unless the same shall

shall be confiscated and forfeited in favor

have

of

been

expressly

remitted

in

the

penalty

it

the

was

imposed

for

the

committed.chanrobles

Government,

unless

they

be

pardon.chanrobles virtual law library

property of a third person not liable for

Art.

accessory

the offense, but those articles which are

penalties. The penalty of prision mayor,

42. Prision

not subject of lawful commerce shall be

shall carry with it that of temporary

destroyed.chanrobles virtual law library

absolute

mayor;

disqualification

perpetual

special

Its

and

that

disqualification

of

from

Chapter Four

the right of suffrage which the offender

APPLICATION OF PENALTIES

shall suffer although pardoned as to the

Section One. Rules for the application

principal penalty, unless the same shall

of penalties

have

been

expressly

remitted

in

pardon.chanrobles virtual law library

the

to the persons criminally liable and for

the graduation of the same.chanrobles
virtual law library

their voting as to the propriety of the

Art.

46. Penalty

upon

imposition of the death penalty. For the

penalty

imposition of said penalty or for the

prescribed by law for the commission of a

confirmation of a judgment of the inferior

felony

the

court imposing the death sentence, the

such

Supreme Court shall render its decision

principals

in

be

imposed

general.

shall

principals

to

be

in

the

The

imposed

upon

commission

of

felony.chanrobles virtual law library

per curiam, which shall be signed by all

Whenever the law prescribes a penalty

justices

for a felony is general terms, it shall be

member or members thereof shall have

understood

the

been disqualified from taking part in the

virtual

consideration of the case, in which even

as

consummated

applicable

to

felony.chanrobles

law library

of

said

court,

unless

some

the unanimous vote and signature of only

Art. 47. In what cases the death penalty

the

shall

required.chanrobles virtual law library

not

be

imposed.

The

death

remaining

justices

shall

be

penalty shall be imposed in all cases in

Art. 48. Penalty for complex crimes.

which it must be imposed under existing

When a single act constitutes two or more

laws, except in the following cases:

grave or less grave felonies, or when an

1. When the guilty person be more than

offense

seventy years of age.chanrobles virtual

committing the other, the penalty for the

law library

most serious crime shall be imposed, the

necessary

same

period.chanrobles virtual law library

Supreme

court,

all

the

members thereof are not unanimous in

applied

in

means

case

the

be

2. When upon appeal or revision of the

by

to

is

its

for

maximum