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COMPARATIVE TABLE OF AMENDED PROVISIONS

RPC RA 10951
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Article 9. Grave felonies, less grave felonies and light Article 9. Grave felonies, less grave felonies and light
felonies. - Grave felonies are those to which the law felonies. - Grave felonies are those to which the law
attaches the capital punishment or penalties which in any attaches the capital punishment or penalties which in
of their periods are afflictive, in accordance with Art. 25 any of their periods are afflictive, in accordance with
of this Code. Art. 25 of this Code.

Less grave felonies are those which the law punishes with Less grave felonies are those which the law punishes
penalties which in their maximum period are correctional, with penalties which in their maximum period are
in accordance with the above-mentioned article. correctional, in accordance with the above-mentioned
article.
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine Light felonies are those infractions of law for the
not exceeding 200 pesos or both; is provided. commission of which a penalty of arresto menor or a
fine not exceeding Forty thousand pesos (P40,000) or
both; is provided.

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Article 26. When afflictive, correctional, or light penalty. - Article 26. When afflictive, correctional, or light
A fine, whether imposed as a single of as an alternative penalty. - A fine, whether imposed as a single of as an
penalty, shall be considered an afflictive penalty, if it alternative penalty, shall be considered an afflictive
exceeds 6,000 pesos; a correctional penalty, if it does not penalty, if it exceeds One million two hundred thousand
exceed 6,000 pesos but is not less than 200 pesos; and a pesos (P1,200,000); a correctional penalty, if it does not
light penalty if it less than 200 pesos. exceed One million two hundred thousand pesos
(P1,200,000) but is not less than Forty thousand pesos
(P40,000); and a light penalty if it less than Forty
thousand pesos (P40,000).

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Article 114. Treason. - Any person who, owing allegiance Article 114. Treason. - Any Filipino citizen who levies war
to (the United States or) the Government of the Philippine against the Philippines or adheres to her enemies, giving
Islands, not being a foreigner, levies war against them or them aid or comfort within the Philippines or elsewhere,
adheres to their enemies, giving them aid or comfort shall be punished by reclusion perpetua to death and
within the Philippine Islands or elsewhere, shall be shall pay a fine not to exceed Four million pesos
punished by reclusion temporal to death and shall pay a (P4,000,000).
fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act
testimony of two witnesses at least to the same overt act or on confession of the accused in open court.
or on confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this
commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion temporal to death
Article shall be punished by prision mayor to death and and shall pay a fine not to exceed Four million pesos
shall pay a fine not to exceed P20,000 pesos. (As amended (P4,000,000).
by E.O. No. 44, May 31, 1945)

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Article 115. Conspiracy and proposal to commit treason; Article 115. Conspiracy and proposal to commit treason;
Penalty. - The conspiracy or proposal to commit the crime Penalty. - The conspiracy or proposal to commit the
of treason shall be punished respectively, by prision crime of treason shall be punished respectively, by
mayor and a fine not exceeding P10,000 pesos, and prision mayor and a fine not exceeding Two million
prision correccional and a fine not exceeding P5,000 pesos (P2,000,000), and prision correccional and a fine
pesos. not exceeding One million pesos (P1,000,000).

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Article 129. Search warrants maliciously obtained and Article 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained. - In addition abuse in the service of those legally obtained. - In
to the liability attaching to the offender for the addition to the liability attaching to the offender for the
commission of any other offense, the penalty of arresto commission of any other offense, the penalty of arresto
mayor in its maximum period to prision correccional in its mayor in its maximum period to prision correccional in
minimum period and a fine not exceeding P1,000 pesos its minimum period and a fine not exceeding Two
shall be imposed upon any public officer or employee who hundred thousand pesos (P200,000) shall be imposed
shall procure a search warrant without just cause, or, upon any public officer or employee who shall procure a
having legally procured the same, shall exceed his search warrant without just cause, or, having legally
authority or use unnecessary severity in executing the procured the same, shall exceed his authority or use
same. unnecessary severity in executing the same.

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Article 136. Conspiracy and proposal to commit coup Article 136. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection. - The conspiracy and d'etat, rebellion or insurrection. - The conspiracy and
proposal to commit coup d'etat shall be punished by proposal to commit coup d'etat shall be punished by
prision mayor in minimum period and a fine which shall prision mayor in minimum period and a fine which shall
not exceed eight thousand pesos (P8,000.00). not exceed One million pesos (P1,000,000).

The conspiracy and proposal to commit rebellion or The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by prision insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which shall correccional in its maximum period and a fine which
not exceed five thousand pesos (P5,000.00) and by prision shall not exceed One million pesos (P1,000,000) and by
correccional in its medium period and a fine not prision correccional in its medium period and a fine not
exceeding two thousand pesos (P2,000.00). (As amended exceeding Four hundred thousand pesos (P400,000.00).
by R.A. 6968, approved October 24, 1990).

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Article 140. Penalty for sedition. - The leader of a sedition Article 140. Penalty for sedition. - The leader of a
shall suffer the penalty of prision mayor in its minimum sedition shall suffer the penalty of prision mayor in its
period and a fine not exceeding 10,000 pesos. minimum period and a fine not exceeding Two million
pesos (P2,000,000).
Other persons participating therein shall suffer the
penalty of prision correccional in its maximum period and Other persons participating therein shall suffer the
a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. penalty of prision correccional in its maximum period
187). and a fine not exceeding One million pesos (P1,000,000).

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Article 141. Conspiracy to commit sedition. - Persons Article 141. Conspiracy to commit sedition. - Persons
conspiring to commit the crime of sedition shall be conspiring to commit the crime of sedition shall be
punished by prision correccional in its medium period and punished by prision correccional in its medium period
a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. and a fine not exceeding Four hundred thousand pesos
187). (P400,000.00).

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Article 142. Inciting to sedition. - The penalty of prision Article 142. Inciting to sedition. - The penalty of prision
correccional in its maximum period and a fine not correccional in its maximum period and a fine not
exceeding 2,000 pesos shall be imposed upon any person exceeding Four hundred thousand pesos (P400,000.00)
who, without taking any direct part in the crime of shall be imposed upon any person who, without taking
sedition, should incite others to the accomplishment of any direct part in the crime of sedition, should incite
any of the acts which constitute sedition, by means of others to the accomplishment of any of the acts which
speeches, proclamations, writings, emblems, cartoons, constitute sedition, by means of speeches,
banners, or other representations tending to the same proclamations, writings, emblems, cartoons, banners, or
end, or upon any person or persons who shall utter other representations tending to the same end, or upon
seditious words or speeches, write, publish, or circulate any person or persons who shall utter seditious words or
scurrilous libels against the (Government of the United speeches, write, publish, or circulate scurrilous libels
States or the Government of the Commonwealth of the against the Government, or any of the duly constituted
Philippines) or any of the duly constituted authorities authorities thereof, or which tend to disturb or obstruct
thereof, or which tend to disturb or obstruct any lawful any lawful officer in executing the functions of his office,
officer in executing the functions of his office, or which or which tend to instigate others to cabal and meet
tend to instigate others to cabal and meet together for together for unlawful purposes, or which suggest or
unlawful purposes, or which suggest or incite rebellious incite rebellious conspiracies or riots, or which lead or
conspiracies or riots, or which lead or tend to stir up the tend to stir up the people against the lawful authorities
people against the lawful authorities or to disturb the or to disturb the peace of the community, the safety and
peace of the community, the safety and order of the order of the Government, or who shall knowingly
Government, or who shall knowingly conceal such evil conceal such evil practices.
practices. (Reinstated by E.O. No. 187).

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Article 143. Act tending to prevent the meeting of the Article 143. Act tending to prevent the meeting of the
Assembly and similar bodies. - The penalty of prision Congress and similar bodies. - The penalty of prision
correccional or a fine ranging from 200 to 2,000 pesos, or correccional or a fine ranging from Forty thousand pesos
both, shall be imposed upon any person who, by force or (P40,000) to Four hundred thousand pesos (P400,000),
fraud, prevents the meeting of the National Assembly or both, shall be imposed upon any person who, by force
(Congress of the Philippines) or of any of its committees or fraud, prevents the meeting of Congress or of any of
or subcommittees, constitutional commissions or its committees or subcommittees, Constitutional
committees or divisions thereof, or of any provincial Commissions or committees or divisions thereof, or of
board or city or municipal council or board. (Reinstated by any provincial board or city or municipal council or
E.O. No. 187). board.

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Article 144. Disturbance of proceedings. - The penalty Article 144. Disturbance of proceedings. - The penalty
of arresto mayor or a fine from 200 to 1,000 pesos shall of arresto mayor or a fine from Forty thousand pesos
be imposed upon any person who disturbs the meetings (P40,000) to Two hundred thousand pesos (P200,000)
of the National Assembly (Congress of the Philippines) or shall be imposed upon any person who disturbs the
of any of its committees or subcommittees, constitutional meetings of Congress or of any of its committees or
commissions or committees or divisions thereof, or of any subcommittees, Constitutional Commissions or
provincial board or city or municipal council or board, or committees or divisions thereof, or of any provincial
in the presence of any such bodies should behave in such board or city or municipal council or board, or in the
manner as to interrupt its proceedings or to impair the presence of any such bodies should behave in such
respect due it. (Reinstated by E.O. No. 187). manner as to interrupt its proceedings or to impair the
respect due it.

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Article 147. Illegal associations. - The penalty of prision Article 147. Illegal associations. - The penalty of prision
correccional in its minimum and medium periods and a correccional in its minimum and medium periods and a
fine not exceeding 1,000 pesos shall be imposed upon the fine not exceeding Two hundred thousand pesos
founders, directors, and presidents of associations totally (P200,000) shall be imposed upon the founders,
or partially organized for the purpose of committing any directors, and presidents of associations totally or
of the crimes punishable under this Code or for some partially organized for the purpose of committing any of
purpose contrary to public morals. Mere members of said the crimes punishable under this Code or for some
associations shall suffer the penalty of arresto mayor. purpose contrary to public morals. Mere members of
(Reinstated by E.O. No. 187). said associations shall suffer the penalty of arresto
mayor.

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Article 148. Direct assaults. - Any person or persons who, Article 148. Direct assaults. - Any person or persons
without a public uprising, shall employ force or who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose intimidation for the attainment of any of the purpose
enumerated in defining the crimes of rebellion and enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of his intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official agents, while engaged in the performance of official
duties, or on occasion of such performance, shall suffer duties, or on occasion of such performance, shall suffer
the penalty of prision correccional in its medium and the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding P1,000 pesos, maximum periods and a fine not exceeding Two hundred
when the assault is committed with a weapon or when the thousand pesos (P200,000), when the assault is
offender is a public officer or employee, or when the committed with a weapon or when the offender is a
offender lays hands upon a person in authority. If none of public officer or employee, or when the offender lays
these circumstances be present, the penalty of prision hands upon a person in authority. If none of these
correccional in its minimum period and a fine not circumstances be present, the penalty of prision
exceeding P500 pesos shall be imposed. correccional in its minimum period and a fine not
exceeding One hundred thousand pesos (P100,000) shall
be imposed.

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Article 149. Indirect assaults. - The penalty of prision Article 149. Indirect assaults. - The penalty of prision
correccional in its minimum and medium periods and a correccional in its minimum and medium periods and a
fine not exceeding P500 pesos shall be imposed upon any fine not exceeding One hundred thousand pesos
person who shall make use of force or intimidation upon (P100,000) shall be imposed upon any person who shall
any person coming to the aid of the authorities or their make use of force or intimidation upon any person
agents on occasion of the commission of any of the crimes coming to the aid of the authorities or their agents on
defined in the next preceding article. occasion of the commission of any of the crimes defined
in the next preceding article.

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Article 150. Disobedience to summons issued by the Article 150. Disobedience to summons issued by the
National Assembly, its committees or subcommittees, by National Assembly, its committees or subcommittees, by
the Constitutional Commissions, its committees, the Constitutional Commissions, its committees,
subcommittees or divisions. - The penalty of arresto subcommittees or divisions. - The penalty of arresto
mayor or a fine ranging from two hundred to one mayor or a fine ranging from Forty thousand pesos
thousand pesos, or both such fine and imprisonment shall (P40,000) to Two hundred thousand pesos (P200,000) or
be imposed upon any person who, having been duly both such fine and imprisonment shall be imposed upon
summoned to attend as a witness before the National any person who, having been duly summoned to attend
Assembly, (Congress), its special or standing committees as a witness before the Congress, its special or standing
and subcommittees, the Constitutional Commissions and committees and subcommittees, the Constitutional
its committees, subcommittees, or divisions, or before Commissions and its committees, subcommittees, or
any commission or committee chairman or member divisions, or before any commission or committee
authorized to summon witnesses, refuses, without legal chairman or member authorized to summon witnesses,
excuse, to obey such summons, or being present before refuses, without legal excuse, to obey such summons, or
any such legislative or constitutional body or official, being present before any such legislative or
refuses to be sworn or placed under affirmation or to constitutional body or official, refuses to be sworn or
answer any legal inquiry or to produce any books, papers, placed under affirmation or to answer any legal inquiry
documents, or records in his possession, when required or to produce any books, papers, documents, or records
by them to do so in the exercise of their functions. The in his possession, when required by them to do so in the
same penalty shall be imposed upon any person who shall exercise of their functions. The same penalty shall be
restrain another from attending as a witness, or who shall imposed upon any person who shall restrain another
induce disobedience to a summon or refusal to be sworn from attending as a witness, or who shall induce
by any such body or official. disobedience to a summon or refusal to be sworn by any
such body or official.

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Article 151. Resistance and disobedience to a person in Article 151. Resistance and disobedience to a person in
authority or the agents of such person. - The penalty authority or the agents of such person. - The penalty
of arresto mayor and a fine not exceeding 500 pesos shall of arresto mayor and a fine not exceeding One hundred
be imposed upon any person who not being included in thousand pesos (P100,000) shall be imposed upon any
the provisions of the preceding articles shall resist or person who not being included in the provisions of the
seriously disobey any person in authority, or the agents of preceding articles shall resist or seriously disobey any
such person, while engaged in the performance of official person in authority, or the agents of such person, while
duties. engaged in the performance of official duties.

When the disobedience to an agent of a person in When the disobedience to an agent of a person in
authority is not of a serious nature, the penalty of arresto authority is not of a serious nature, the penalty
menoror a fine ranging from 10 to P100 pesos shall be of arresto menoror a fine ranging from two thousand
imposed upon the offender. pesos (P2,000) to Twenty thousand pesos (P20,000) shall
be imposed upon the offender.

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Article 153. Tumults and other disturbance of public Article 153. Tumults and other disturbance of public
orders; Tumultuous disturbance or interruption liable to orders; Tumultuous disturbance or interruption liable to
cause disturbance. - The penalty of arresto mayor in its cause disturbance. - The penalty of arresto mayor in its
medium period to prision correccional in its minimum medium period to prision correccional in its minimum
period and a fine not exceeding 1,000 pesos shall be period and a fine not exceeding Two hundred thousand
imposed upon any person who shall cause any serious pesos (P200,000) shall be imposed upon any person who
disturbance in a public place, office, or establishment, or shall cause any serious disturbance in a public place,
shall interrupt or disturb public performances, functions office, or establishment, or shall interrupt or disturb
or gatherings, or peaceful meetings, if the act is not public performances, functions or gatherings, or
included in the provisions of Articles 131 and 132. peaceful meetings, if the act is not included in the
provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed upon
persons causing any disturbance or interruption of a The penalty next higher in degree shall be imposed upon
tumultuous character. persons causing any disturbance or interruption of a
tumultuous character.
The disturbance or interruption shall be deemed to be
tumultuous if caused by more than three persons who are The disturbance or interruption shall be deemed to be
armed or provided with means of violence. tumultuous if caused by more than three persons who
are armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon any
person who in any meeting, association, or public place, The penalty of arresto mayor shall be imposed upon any
shall make any outcry tending to incite rebellion or person who in any meeting, association, or public place,
sedition or in such place shall display placards or emblems shall make any outcry tending to incite rebellion or
which provoke a disturbance of the public order. sedition or in such place shall display placards or
emblems which provoke a disturbance of the public
The penalty of arresto menor and a fine not to order.
exceed P200 pesos shall be imposed upon these persons
who in violation of the provisions contained in the last The penalty of arresto menor and a fine not to
clause of Article 85, shall bury with pomp the body of a exceed Forty thousand pesos (P40,000) shall be imposed
person who has been legally executed. upon these persons who in violation of the provisions
contained in the last clause of Article 85, shall bury with
pomp the body of a person who has been legally
executed.

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Article 154. Unlawful use of means of publication and Article 154. Unlawful use of means of publication and
unlawful utterances. - The penalty of arresto mayor and a unlawful utterances. - The penalty of arresto mayor and
fine ranging from P200 to P1,000 pesos shall be imposed a fine ranging from Forty thousand pesos (P40,000)
upon: to Two hundred thousand pesos (P200,000) shall be
imposed upon:
1. Any person who by means of printing, lithography, or
any other means of publication shall publish or cause to 1. Any person who by means of printing, lithography, or
be published as news any false news which may endanger any other means of publication shall publish or cause to
the public order, or cause damage to the interest or credit be published as news any false news which may
of the State; endanger the public order, or cause damage to the
interest or credit of the State;
2. Any person who by the same means, or by words,
utterances or speeches shall encourage disobedience to 2. Any person who by the same means, or by words,
the law or to the constituted authorities or praise, justify, utterances or speeches shall encourage disobedience to
or extol any act punished by law; the law or to the constituted authorities or praise,
justify, or extol any act punished by law;
3. 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 3. Any person who shall maliciously publish or cause to
officially; or be published any official resolution or document without
proper authority, or before they have been published
4. Any person who shall print, publish, or distribute or officially; or
cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear the 4. Any person who shall print, publish, or distribute or
real printer's name, or which are classified as anonymous. cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear the
real printer's name, or which are classified as
anonymous.

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Article 155. Alarms and scandals. - The penalty of arresto Article 155. Alarms and scandals. - The penalty
menor or a fine not exceeding P200 pesos shall be of arresto menor or a fine not exceeding Forty thousand
imposed upon: pesos (P40,000) shall be imposed upon:
1. Any person who within any town or public place, shall 1. Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other discharge any firearm, rocket, firecracker, or other
explosives calculated to cause alarm or danger; explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in 2. Any person who shall instigate or take an active part
any charivari or other disorderly meeting offensive to in any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility; another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or 3. Any person who, while wandering about at night or
while engaged in any other nocturnal amusements, shall while engaged in any other nocturnal amusements, shall
disturb the public peace; or disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall 4. Any person who, while intoxicated or otherwise, shall
cause any disturbance or scandal in public places, cause any disturbance or scandal in public places,
provided that the circumstances of the case shall not provided that the circumstances of the case shall not
make the provisions of Article 153 applicable. make the provisions of Article 153 applicable.

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Article 163. Making and importing and uttering false Article 163. Making and importing and uttering false
coins. - Any person who makes, imports, or utters, false coins. - Any person who makes, imports, or utters, false
coins, in connivance with counterfeiters, or importers, coins, in connivance with counterfeiters, or importers,
shall suffer: shall suffer:
1. Prision mayor in its minimum and medium periods and 1. Prision correccional in its minimum and medium
a fine not to exceed P10,000 pesos, if the counterfeited periods and a fine not to exceed Four hundred thousand
coin be silver coin of the Philippines or coin of the Central pesos (P400,000), if the counterfeited coins be any of the
Bank of the Philippines of ten centavo denomination or coinage of the Philippines.
above.
2. Prision correccional in its minimum and medium 2. Prision correccional in its minimum period and a fine
periods and a fine of not to exceed P2,000 pesos, if the of not to exceed Two hundred thousand pesos
counterfeited coins be any of the minor coinage of the (P200,000), if the counterfeited coins be currency of a
Philippines or of the Central Bank of the Philippines below foreign country.
ten-centavo denomination.
3. 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. (As amended by R.A. No.
4202, approved June 19, 1965).

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Article 164. Mutilation of coins; Importation and Article 164. Mutilation of coins; Importation and
utterance of mutilated coins. - The penalty of prision utterance of mutilated coins. - The penalty of prision
correccional in its minimum period and a fine not to correccional in its minimum period and a fine not to
exceed P2,000 pesos shall be imposed upon any person exceed Four hundred thousand pesos (P400,000) shall
who shall mutilate coins of the legal currency of the be imposed upon any person who shall mutilate coins of
United States or of the Philippine Islands or import or the legal currency of the Philippines or import or utter
utter mutilated current coins, or in connivance with mutilated current coins, or in connivance with mutilators
mutilators or importers. or importers.
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Article 166. Forging treasury or bank notes on other Article 166. Forging treasury or bank notes on other
documents payable to bearer; importing, and uttering documents payable to bearer; importing, and uttering
such false or forged notes and documents. - The forging or such false or forged notes and documents. - The forging
falsification of treasury or bank notes or certificates or or falsification of treasury or bank notes or certificates
other obligations and securities payable to bearer and the or other obligations and securities payable to bearer and
importation and uttering in connivance with forgers or the importation and uttering in connivance with forgers
importers of such false or forged obligations or notes, or importers of such false or forged obligations or notes,
shall be punished as follows: shall be punished as follows:

1. By reclusion temporal in its minimum period and a fine 1. By reclusion temporal in its minimum period and a fine
not to exceed P10,000 pesos, if the document which has not to exceed Two million pesos (P200,000,000) if the
been falsified, counterfeited, or altered, is an obligations document which has been falsified, counterfeited, or
or security of the United States or of the Philippines altered, is an obligations or security of the Philippines.
Islands.
The word "obligation or security of the Philippines" shall
The word "obligation or security of the United States or of mean all bonds, certificates of indebtedness, national
the Philippine Islands" shall be held to mean all bonds, bank notes, coupons, Philippine notes, fractional notes,
certificates of indebtedness, national bank notes, certificates of deposit, bills, checks, or drafts for money,
fractional notes, certificates of deposit, bills, checks, or drawn by or upon authorized officers of the Philippines,
drafts for money, drawn by or upon authorized officers of and other representatives of value, of whatever
the United States or of the Philippine Islands, and other denomination, which have been or may be issued under
representatives of value, of whatever denomination, any act of Congress.
which have been or may be issued under any act of the
Congress of the United States or of the Philippine 2. By prision mayor in its maximum period and a fine not
Legislature. to exceed One million pesos (P1,000,000), if the falsified
or altered document is a circulating note issued by any
2. By prision mayor in its maximum period and a fine not banking association duly authorized by law to issue the
to exceed P5,000 pesos, if the falsified or altered same.
document is a circulating note issued by any banking
association duly authorized by law to issue the same. 3. By prision mayor in its medium period and a fine not
to exceed One million pesos (P1,000,000), if the falsified
3. By prision mayor in its medium period and a fine not to or counterfeited document was issued by a foreign
exceed P5,000 pesos, if the falsified or counterfeited government.
document was issued by a foreign government.
4. By prision mayor in its minimum period and a fine not
4. By prision mayor in its minimum period and a fine not to exceed Four hundred thousand pesos (P400,000),
to exceed P2,000 pesos, when the forged or altered when the forged or altered document is a circulating
document is a circulating note or bill issued by a foreign note or bill issued by a foreign bank duly authorized
bank duly authorized therefor. therefor.

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Article 167. Counterfeiting, importing and uttering Article 167. Counterfeiting, importing and uttering
instruments not payable to bearer. - Any person who shall instruments not payable to bearer. - Any person who
forge, import or utter, in connivance with the forgers or shall forge, import or utter, in connivance with the
importers, any instrument payable to order or other forgers or importers, any instrument payable to order or
document of credit not payable to bearer, shall suffer the other document of credit not payable to bearer, shall
penalties of prision correccional in its medium and suffer the penalties of prision correccional in its medium
maximum periods and a fine not exceeding P6,000 pesos. and maximum periods and a fine not exceeding One
million two hundred thousand pesos (P1,200,000).

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Article 170. Falsification of legislative documents. - The Article 170. Falsification of legislative documents. - The
penalty of prision correccional in its maximum period and penalty of prision correccional in its maximum period
a fine not exceeding P6,000 pesos shall be imposed upon and a fine not exceeding One million two hundred
any person who, without proper authority therefor alters thousand pesos (P1,200,000) shall be imposed upon any
any bill, resolution, or ordinance enacted or approved or person who, without proper authority therefor alters
pending approval by either House of the Legislature or any bill, resolution, or ordinance enacted or approved or
any provincial board or municipal council. pending approval by either House of Congress or any
provincial board or municipal council.

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Article 171. Falsification by public officer, employee or Article 171. Falsification by public officer, employee or
notary or ecclesiastic minister. - The penalty of prision notary or ecclesiastic minister. - The penalty of prision
mayor and a fine not to exceed P5,000 pesos shall be mayor and a fine not to exceed One million pesos
imposed upon any public officer, employee, or notary (P1,000,000) shall be imposed upon any public officer,
who, taking advantage of his official position, shall falsify employee, or notary who, taking advantage of his official
a document by committing any of the following acts: position, shall falsify a document by committing any of
1. Counterfeiting or imitating any handwriting, signature the following acts:
or rubric; 1. Counterfeiting or imitating any handwriting, signature
2. Causing it to appear that persons have participated in or rubric;
any act or proceeding when they did not in fact so 2. Causing it to appear that persons have participated in
participate; any act or proceeding when they did not in fact so
3. Attributing to persons who have participated in an act participate;
or proceeding statements other than those in fact made 3. Attributing to persons who have participated in an act
by them; or proceeding statements other than those in fact made
4. Making untruthful statements in a narration of facts; by them;
5. Altering true dates; 4. Making untruthful statements in a narration of facts;
6. Making any alteration or intercalation in a genuine 5. Altering true dates;
document which changes its meaning; 6. Making any alteration or intercalation in a genuine
7. Issuing in an authenticated form a document document which changes its meaning;
purporting to be a copy of an original document when no 7. Issuing in an authenticated form a document
such original exists, or including in such a copy a purporting to be a copy of an original document when
statement contrary to, or different from, that of the no such original exists, or including in such a copy a
genuine original; or statement contrary to, or different from, that of the
8. Intercalating any instrument or note relative to the genuine original; or
issuance thereof in a protocol, registry, or official book. 8. Intercalating any instrument or note relative to the
The same penalty shall be imposed upon any ecclesiastical issuance thereof in a protocol, registry, or official book.
minister who shall commit any of the offenses The same penalty shall be imposed upon any
enumerated in the preceding paragraphs of this article, ecclesiastical minister who shall commit any of the
with respect to any record or document of such character offenses enumerated in the preceding paragraphs of this
that its falsification may affect the civil status of persons. article, with respect to any record or document of such
character that its falsification may affect the civil status
of persons.

26
Article 172. Falsification by private individual and use of Article 172. Falsification by private individual and use of
falsified documents. - The penalty of prision correccional falsified documents. - The penalty of prision correccional
in its medium and maximum periods and a fine of not in its medium and maximum periods and a fine of not
more than P5,000 pesos shall be imposed upon: more than One million pesos (P1,000,000) shall be
1. Any private individual who shall commit any of the imposed upon:
falsifications enumerated in the next preceding article in 1. Any private individual who shall commit any of the
any public or official document or letter of exchange or falsifications enumerated in the next preceding article in
any other kind of commercial document; and any public or official document or letter of exchange or
2. Any person who, to the damage of a third party, or with any other kind of commercial document; and
the intent to cause such damage, shall in any private 2. Any person who, to the damage of a third party, or
document commit any of the acts of falsification with the intent to cause such damage, shall in any
enumerated in the next preceding article. private document commit any of the acts of falsification
3. Any person who shall knowingly introduce in evidence enumerated in the next preceding article.
in any judicial proceeding or to the damage of another or 3. Any person who shall knowingly introduce in evidence
who, with the intent to cause such damage, shall use any in any judicial proceeding or to the damage of another
of the false documents embraced in the next preceding or who, with the intent to cause such damage, shall use
article, or in any of the foregoing subdivisions of this any of the false documents embraced in the next
article, shall be punished by the penalty next lower in preceding article, or in any of the foregoing subdivisions
degree.
of this article, shall be punished by the penalty next
lower in degree.

27
Article 174. False medical certificates, false certificates of Article 174. False medical certificates, false certificates
merits or service, etc. - The penalties of arresto mayor in of merits or service, etc. - The penalties of arresto
its maximum period to prision correccional in its minimum mayor in its maximum period to prision correccional in
period and a fine not to exceed P1,000 pesos shall be its minimum period and a fine not to exceed Two
imposed upon: hundred thousand pesos (P200,000) shall be imposed
1. Any physician or surgeon who, in connection, with the upon:
practice of his profession, shall issue a false certificate; 1. Any physician or surgeon who, in connection, with the
and practice of his profession, shall issue a false certificate;
2. Any public officer who shall issue a false certificate of and
merit of service, good conduct or similar circumstances. 2. Any public officer who shall issue a false certificate of
The penalty of arresto mayor shall be imposed upon any merit of service, good conduct or similar circumstances.
private person who shall falsify a certificate falling within The penalty of arresto mayor shall be imposed upon any
the classes mentioned in the two preceding subdivisions. private person who shall falsify a certificate falling within
the classes mentioned in the two preceding subdivisions.

28
Article 176. Manufacturing and possession of instruments Article 176. Manufacturing and possession of
or implements for falsification. - The penalty of prison instruments or implements for falsification. - The penalty
correctional in its medium and maximum periods and a of prison correctional in its medium and maximum
fine not to exceed P10,000 pesos shall be imposed upon periods and a fine not to exceed One million pesos
any person who shall make or introduce into the (P1,000,000) shall be imposed upon any person who
Philippine Islands any stamps, dies, marks, or other shall make or introduce into the Philippines any stamps,
instruments or implements intended to be used in the dies, marks, or other instruments or implements
commission of the offenses of counterfeiting or intended to be used in the commission of the offenses
falsification mentioned in the preceding sections of this of counterfeiting or falsification mentioned in the
Chapter. Any person who, with the intention of using preceding sections of this Chapter.
them, shall have in his possession any of the instruments
or implements mentioned in the preceding paragraphs, Any person who, with the intention of using them, shall
shall suffer the penalty next lower in degree than that have in his possession any of the instruments or
provided therein. implements mentioned in the preceding paragraphs,
shall suffer the penalty next lower in degree than that
provided therein.

29
Article 178. Using fictitious name and concealing true Article 178. Using fictitious name and concealing true
name. - The penalty of arresto mayor and a fine not to name. - The penalty of arresto mayor and a fine not to
exceed 500 pesos shall be imposed upon any person who exceed One hundred thousand pesos (P100,000) shall be
shall publicly use a fictitious name for the purpose of imposed upon any person who shall publicly use a
concealing a crime, evading the execution of a judgment fictitious name for the purpose of concealing a crime,
or causing damage. evading the execution of a judgment or causing damage.
Any person who conceals his true name and other
personal circumstances shall be punished by arresto Any person who conceals his true name and other
menor or a fine not to exceed 200 pesos. personal circumstances shall be punished by arresto
menor or a fine not to exceed Forty thousand pesos
(P40,000).

30
Article 180. False testimony against a defendant. - Any Article 180. False testimony against a defendant. - Any
person who shall give false testimony against the person who shall give false testimony against the
defendant in any criminal case shall suffer: defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in 1. The penalty of reclusion temporal, if the defendant in
said case shall have been sentenced to death; said case shall have been sentenced to death;
2. The penalty of prision mayor, if the defendant shall 2. The penalty of prision mayor, if the defendant shall
have been sentenced to reclusion temporal or reclusion have been sentenced to reclusion temporal or reclusion
perpetua; perpetua;
3. The penalty of prision correccional, if the defendant 3. The penalty of prision correccional, if the defendant
shall have been sentenced to any other afflictive penalty; shall have been sentenced to any other afflictive
and penalty; and
4. The penalty of arresto mayor, if the defendant shall 4. The penalty of arresto mayor, if the defendant shall
have been sentenced to a correctional penalty or a fine, have been sentenced to a correctional penalty or a fine,
or shall have been acquitted. or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the In cases provided in subdivisions 3 and 4 of this article
offender shall further suffer a fine not to exceed 1,000 the offender shall further suffer a fine not to exceed Two
pesos. hundred thousand pesos (P200,000).

31
Article 181. False testimony favorable to the defendants. - Article 181. False testimony favorable to the
Any person who shall give false testimony in favor of the defendants. - Any person who shall give false testimony
defendant in a criminal case, shall suffer the penalties in favor of the defendant in a criminal case, shall suffer
of arresto mayor in its maximum period to prision the penalties of arresto mayor in its maximum period to
correccional in its minimum period a fine not to exceed prision correccional in its minimum period a fine not to
1,000 pesos, if the prosecution is for a felony punishable exceed Two hundred thousand pesos (P200,000), if the
by an afflictive penalty, and the penalty of arresto prosecution is for a felony punishable by an afflictive
mayor in any other case. penalty, and the penalty of arresto mayor in any other
case.

32
Article 182. False testimony in civil cases. - Any person Article 182. False testimony in civil cases. - Any person
found guilty of false testimony in a civil case shall suffer found guilty of false testimony in a civil case shall suffer
the penalty of prision correccional in its minimum period the penalty of prision correccional in its minimum period
and a fine not to exceed 6,000 pesos, if the amount in and a fine not to exceed One million two hundred
controversy shall exceed 5,000 pesos, and the penalty thousand pesos (P1,200,000), if the amount in
of arresto mayor in its maximum period to prision controversy shall exceed One million pesos
correccional in its minimum period and a fine not to (P1,000,000), and the penalty of arresto mayor in its
exceed 1,000 pesos, if the amount in controversy shall not maximum period to prision correccional in its minimum
exceed said amount or cannot be estimated. period and a fine not to exceed Two hundred thousand
pesos (P200,000), if the amount in controversy shall not
exceed said amount or cannot be estimated.

33
Article 187. Importation and disposition of falsely marked Article 187. Importation and disposition of falsely
articles or merchandise made of gold, silver, or other marked articles or merchandise made of gold, silver, or
precious metals or their alloys. - The penalty of prision other precious metals or their alloys. - The penalty of
correccional or a fine ranging from 200 to 1,000 pesos, or prision correccional or a fine ranging from Forty
both, shall be imposed on any person who shall knowingly thousand pesos (P40,000) to Two hundred thousand
import or sell or dispose of any article or merchandise pesos (P200,000), or both, shall be imposed on any
made of gold, silver, or other precious metals, or their person who shall knowingly import or sell or dispose of
alloys, with stamps, brands, or marks which fail to indicate any article or merchandise made of gold, silver, or other
the actual fineness or quality of said metals or alloys. precious metals, or their alloys, with stamps, brands, or
Any stamp, brand, label, or mark shall be deemed to fail marks which fail to indicate the actual fineness or quality
to indicate the actual fineness of the article on which it is of said metals or alloys.
engraved, printed, stamped, labeled or attached, when
the rest of the article shows that the quality or fineness Any stamp, brand, label, or mark shall be deemed to fail
thereof is less by more than one-half karat, if made of to indicate the actual fineness of the article on which it
gold, and less by more than four one-thousandth, if made is engraved, printed, stamped, labeled or attached,
of silver, than what is shown by said stamp, brand, label when the rest of the article shows that the quality or
or mark. But in case of watch cases and flatware made of fineness thereof is less by more than one-half karat, if
gold, the actual fineness of such gold shall not be less by made of gold, and less by more than four one-
more than three one-thousandth than the fineness thousandth, if made of silver, than what is shown by said
indicated by said stamp, brand, label, or mark. stamp, brand, label or mark. 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.

34
Article 201. Immoral doctrines, obscene publications and Article 201. Immoral doctrines, obscene publications and
exhibitions and indecent shows. - The penalty of prision exhibitions and indecent shows. - The penalty of prision
mayor or a fine ranging from six thousand to twelve mayor or a fine ranging from Twenty thousand pesos
thousand pesos, or both such imprisonment and fine, (P20,000) to Two hundred thousand pesos (P200,000),
shall be imposed upon: or both such imprisonment and fine, shall be imposed
(1) Those who shall publicly expound or proclaim upon:
doctrines openly contrary to public morals; (1) Those who shall publicly expound or proclaim
(2) (a) the authors of obscene literature, published with doctrines openly contrary to public morals;
their knowledge in any form; the editors publishing such (2) (a) the authors of obscene literature, published with
literature; and the owners/operators of the their knowledge in any form; the editors publishing such
establishment selling the same; literature; and the owners/operators of the
(b) Those who, in theaters, fairs, cinematographs or any establishment selling the same;
other place, exhibit, indecent or immoral plays, scenes, (b) Those who, in theaters, fairs, cinematographs or any
acts or shows, whether live or in film, which are other place, exhibit, indecent or immoral plays, scenes,
prescribed by virtue hereof, shall include those which (1) acts or shows, it being understood that the literature or
glorify criminals or condone crimes; (2) serve no other indecent or immoral plays, scenes, acts or shows,
purpose but to satisfy the market for violence, lust or whether live or in film, which are prescribed by virtue
pornography; (3) offend any race or religion; (4) tend to hereof, shall include those which (1) glorify criminals or
abet traffic in and use of prohibited drugs; and (5) are condone crimes; (2) serve no other purpose but to
contrary to law, public order, morals, and good customs, satisfy the market for violence, lust or pornography; (3)
established policies, lawful orders, decrees and edicts; offend any race or religion; (4) tend to abet traffic in and
(3) Those who shall sell, give away or exhibit films, prints, use of prohibited drugs; and (5) are contrary to law,
engravings, sculpture or literature which are offensive to public order, morals, and good customs, established
morals. (As amended by PD Nos. 960 and 969). policies, lawful orders, decrees and edicts;
(3) Those who shall sell, give away or exhibit films, prints,
engravings, sculpture or literature which are offensive to
morals. (As amended by PD Nos. 960 and 969).

35
Article 202. Vagrants and prostitutes; Penalty. - The Article 202. Prostitutes; Penalty. - For the purposes of
following are vagrants: this article, women who, for money or profit, habitually
1. Any person having no apparent means of subsistence, indulge in sexual intercourse or lascivious conduct, are
who has the physical ability to work and who neglects to deemed to be prostitutes.
apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public Any person found guilty of any of the offenses covered
buildings or places or trampling or wandering about the by this articles shall be punished by arresto menor or a
country or the streets without visible means of support; fine not exceeding Twenty thousand pesos (P20,000),
3. Any idle or dissolute person who ledges in houses of ill and in case of recidivism, by arresto mayor in its medium
fame; ruffians or pimps and those who habitually period to prision correccional in its minimum period or a
associate with prostitutes; fine ranging from Twenty thousand pesos (P20,000) to
4. Any person who, not being included in the provisions of Two hundred thousand pesos (P200,000), or both, in the
other articles of this Code, shall be found loitering in any discretion of the court.
inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money
or profit, habitually indulge in sexual intercourse or
lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by
this articles shall be punished by arresto menor or a fine
not exceeding 200 pesos, and in case of recidivism,
by arresto mayor in its medium period to prision
correccional in its minimum period or a fine ranging from
200 to 2,000 pesos, or both, in the discretion of the court.

36
Article 209. Betrayal of trust by an attorney or solicitor. - Article 209. Betrayal of trust by an attorney or solicitor. -
Revelation of secrets. - In addition to the proper Revelation of secrets. - In addition to the proper
administrative action, the penalty of prision correccional administrative action, the penalty of prision correccional
in its minimum period, or a fine ranging from 200 to 1,000 in its minimum period, or a fine ranging from Forty
pesos, or both, shall be imposed upon any attorney-at-law thousand pesos (P40,000) to Two hundred thousand
or solicitor ( procurador judicial) who, by any malicious pesos (P200,000), or both, shall be imposed upon any
breach of professional duty or of inexcusable negligence attorney-at-law or any person duly authorized to
or ignorance, shall prejudice his client, or reveal any of the represent and/or assist a party to a case who, by any
secrets of the latter learned by him in his professional malicious breach of professional duty or of inexcusable
capacity. negligence or ignorance, shall prejudice his client, or
The same penalty shall be imposed upon an attorney-at- reveal any of the secrets of the latter learned by him in
law or solicitor (procurador judicial) who, having his professional capacity.
undertaken the defense of a client or having received
confidential information from said client in a case, shall The same penalty shall be imposed upon an attorney-at-
undertake the defense of the opposing party in the same law or any person duly authorized to represent and/or
case, without the consent of his first client. assist a party to a case who, having undertaken the
defense of a client or having received confidential
information from said client in a case, shall undertake
the defense of the opposing party in the same case,
without the consent of his first client.

37
Article 213. Frauds against the public treasury and similar Article 213. Frauds against the public treasury and
offenses. - The penalty of prision correccional in its similar offenses. - The penalty of prision correccional in
medium period to prision mayor in its minimum period, its medium period to prision mayor in its minimum
or a fine ranging from 200 to 10,000 pesos, or both, shall period, or a fine ranging from Forty thousand pesos
be imposed upon any public officer who: (P40,000) to Two million pesos (P2,000,000), or both,
1. In his official capacity, in dealing with any person with shall be imposed upon any public officer who:
regard to furnishing supplies, the making of contracts, or 1. In his official capacity, in dealing with any person with
the adjustment or settlement of accounts relating to regard to furnishing supplies, the making of contracts, or
public property or funds, shall enter into an agreement the adjustment or settlement of accounts relating to
with any interested party or speculator or make use of any public property or funds, shall enter into an agreement
other scheme, to defraud the Government; with any interested party or speculator or make use of
2. Being entrusted with the collection of taxes, licenses, any other scheme, to defraud the Government;
fees and other imposts, shall be guilty or any of the 2. Being entrusted with the collection of taxes, licenses,
following acts or omissions: fees and other imposts, shall be guilty or any of the
(a) Demanding, directly, or indirectly, the payment of following acts or omissions:
sums different from or larger than those authorized by (a) Demanding, directly, or indirectly, the payment of
law. sums different from or larger than those authorized by
(b) Failing voluntarily to issue a receipt, as provided by law.
law, for any sum of money collected by him officially. (b) Failing voluntarily to issue a receipt, as provided by
(c) Collecting or receiving, directly or indirectly, by way of law, for any sum of money collected by him officially.
payment or otherwise things or objects of a nature (c) Collecting or receiving, directly or indirectly, by way
different from that provided by law. of payment or otherwise things or objects of a nature
When the culprit is an officer or employee of the Bureau different from that provided by law.
of Internal Revenue or the Bureau of Customs, the When the culprit is an officer or employee of the Bureau
provisions of the Administrative Code shall be applied. of Internal Revenue or the Bureau of Customs, the
provisions of the Administrative Code shall be applied.

38
Article 215. Prohibited transactions. - The penalty of Article 215. Prohibited transactions. - The penalty of
prision correccional in its maximum period or a fine prision correccional in its minimum period or a fine
ranging from 200 to 1,000 pesos, or both, shall be ranging from Forty thousand pesos (P40,000) to Two
imposed upon any appointive public officer who, during hundred thousand pesos (P200,000), or both, shall be
his incumbency, shall directly or indirectly become imposed upon any appointive public officer who, during
interested in any transaction of exchange or speculation his incumbency, shall directly or indirectly become
within the territory subject to his jurisdiction. interested in any transaction of exchange or speculation
within the territory subject to his jurisdiction.

39
Article 216. Possession of prohibited interest by a public Article 216. Possession of prohibited interest by a public
officer. - The penalty of arresto mayor in its medium officer. - The penalty of arresto mayor in its medium
period to prision correccional in its minimum period, or a period to prision correccional in its minimum period, or
fine ranging from 200 to 1,000 pesos, or both, shall be a fine ranging from Forty thousand pesos (P40,000) to
imposed upon a public officer who directly or indirectly, Two hundred thousand pesos (P200,000), or both, shall
shall become interested in any contract or business in be imposed upon a public officer who directly or
which it is his official duty to intervene. indirectly, shall become interested in any contract or
This provisions is applicable to experts, arbitrators and business in which it is his official duty to intervene.
private accountants who, in like manner, shall take part in This provisions is applicable to experts, arbitrators and
any contract or transaction connected with the estate or private accountants who, in like manner, shall take part
property in appraisal, distribution or adjudication of in any contract or transaction connected with the estate
which they shall have acted, and to the guardians and or property in appraisal, distribution or adjudication of
executors with respect to the property belonging to their which they shall have acted, and to the guardians and
wards or estate. executors with respect to the property belonging to their
wards or estate.

40
Article 217. Malversation of public funds or property; Article 217. Malversation of public funds or property;
Presumption of malversation. - Any public officer who, by Presumption of malversation. - Any public officer who,
reason of the duties of his office, is accountable for public by reason of the duties of his office, is accountable for
funds or property, shall appropriate the same or shall take public funds or property, shall appropriate the same or
or misappropriate or shall consent, through shall take or misappropriate or shall consent, through
abandonment or negligence, shall permit any other abandonment or negligence, shall permit any other
person to take such public funds, or property, wholly or person to take such public funds, or property, wholly or
partially, or shall otherwise be guilty of the partially, or shall otherwise be guilty of the
misappropriation or malversation of such funds or misappropriation or malversation of such funds or
property, shall suffer: property, shall suffer:
1. The penalty of prision correccional in its medium and 1. The penalty of prision correccional in its medium and
maximum periods, if the amount involved in the maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two misappropriation or malversation does not exceed Forty
hundred pesos. thousand pesos (P40,000).
2. The penalty of prision mayor in its minimum and 2. The penalty of prision mayor in its minimum and
medium periods, if the amount involved is more than two medium periods, if the amount involved is more than
hundred pesos but does not exceed six thousand pesos. Forty thousand pesos (P40,000) but does not exceed
3. The penalty of prision mayor in its maximum period to One million two hundred thousand pesos (P1,200,000).
reclusion temporal in its minimum period, if the amount 3. The penalty of prision mayor in its maximum period to
involved is more than six thousand pesos but is less than reclusion temporal in its minimum period, if the amount
twelve thousand pesos. involved is more than One million two hundred
4. The penalty of reclusion temporal, in its medium and thousand pesos (P1,200,000) but is less than Two million
maximum periods, if the amount involved is more than four hundred thousand pesos (P2,400,000).
twelve thousand pesos but is less than twenty-two 4. The penalty of reclusion temporal, in its medium and
thousand pesos. If the amount exceeds the latter, the maximum periods, if the amount involved is more than
penalty shall be reclusion temporal in its maximum period Two million four hundred thousand pesos (P2,400,000)
to reclusion perpetua. but does not exceed Four million four hundred thousand
pesos (P4,400,000).
In all cases, persons guilty of malversation shall also suffer 5. The penalty of reclusion temporal in its maximum
the penalty of perpetual special disqualification and a fine period, if the amount involved is more than Four million
equal to the amount of the funds malversed or equal to four hundred thousand pesos (P4,400,000) but does not
the total value of the property embezzled. exceed Eight million eight hundred thousand pesos
The failure of a public officer to have duly forthcoming any (P8,800,000). If the amount exceeds the latter, the
public funds or property with which he is chargeable, penalty shall be reclusion perpetua.
upon demand by any duly authorized officer, shall be
prima facie evidence that he has put such missing funds In all cases, persons guilty of malversation shall also
or property to personal use. (As amended by RA 1060). suffer the penalty of perpetual special disqualification
and a fine equal to the amount of the funds malversed
or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming


any public funds or property with which he is chargeable,
upon demand by any duly authorized officer, shall be
prima facie evidence that he has put such missing funds
or property to personal uses.

41
Article 218. Failure of accountable officer to render Article 218. Failure of accountable officer to render
accounts. - Any public officer, whether in the service or accounts. - Any public officer, whether in the service or
separated therefrom by resignation or any other cause, separated therefrom by resignation or any other cause,
who is required by law or regulation to render account to who is required by law or regulation to render account
the Insular Auditor, or to a provincial auditor and who fails to the Commission on Audit, or to a provincial auditor
to do so for a period of two months after such accounts and who fails to do so for a period of two months after
should be rendered, shall be punished by prision such accounts should be rendered, shall be punished by
correccional in its minimum period, or by a fine ranging prision correccional in its minimum period, or by a fine
from 200 to 6,000 pesos, or both. ranging from Forty thousand pesos (P40,000) to One
million two hundred thousand pesos (P1,200,000), or
both.

42
Article 219. Failure of a responsible public officer to Article 219. Failure of a responsible public officer to
render accounts before leaving the country. - Any public render accounts before leaving the country. - Any public
officer who unlawfully leaves or attempts to leave the officer who unlawfully leaves or attempts to leave the
Philippine Islands without securing a certificate from the Philippines without securing a certificate from the
Insular Auditor showing that his accounts have been Commission on Audit showing that his accounts have
finally settled, shall be punished by arresto mayor, or a been finally settled, shall be punished by arresto mayor,
fine ranging from 200 to 1,000 pesos or both. or a fine ranging from Forty thousand pesos (P40,000) to
Two hundred thousand pesos (P200,000) or both.

43
Article 221. Failure to make delivery of public funds or Article 221. Failure to make delivery of public funds or
property. - Any public officer under obligation to make property. - Any public officer under obligation to make
payment from Government funds in his possession, who payment from Government funds in his possession, who
shall fail to make such payment, shall be punished shall fail to make such payment, shall be punished
by arresto mayor and a fine from 5 to 25 per cent of the by arresto mayor and a fine from 5 to 25 per cent of the
sum which he failed to pay. sum which he failed to pay.
This provision shall apply to any public officer who, being This provision shall apply to any public officer who, being
ordered by competent authority to deliver any property ordered by competent authority to deliver any property
in his custody or under his administration, shall refuse to in his custody or under his administration, shall refuse to
make such delivery. make such delivery.
The fine shall be graduated in such case by the value of The fine shall be graduated in such case by the value of
the thing, provided that it shall not less than 50 pesos. the thing, provided that it shall not less than Ten
thousand pesos (P10,000).

44
Article 226. Removal, concealment or destruction of Article 226. Removal, concealment or destruction of
documents. - Any public officer who shall remove, destroy documents. - Any public officer who shall remove,
or conceal documents or papers officially entrusted to destroy or conceal documents or papers officially
him, shall suffer: entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not exceeding 1. The penalty of prision mayor and a fine not exceeding
1,000 pesos, whenever serious damage shall have been Two hundred thousand pesos (P200,000), whenever
caused thereby to a third party or to the public interest. serious damage shall have been caused thereby to a
third party or to the public interest.
2. The penalty of prision correccional in its minimum and 2. The penalty of prision correccional in its minimum and
medium period and a fine not exceeding 1,000 pesos, medium period and a fine not exceeding Two hundred
whenever the damage to a third party or to the public thousand pesos (P200,000), whenever the damage to a
interest shall not have been serious. third party or to the public interest shall not have been
In either case, the additional penalty of temporary special serious.
disqualification in its maximum period to perpetual In either case, the additional penalty of temporary
disqualification shall be imposed. special disqualification in its maximum period to
perpetual disqualification shall be imposed.

45
Article 227. Officer breaking seal. - Any public officer Article 227. Officer breaking seal. - Any public officer
charged with the custody of papers or property sealed by charged with the custody of papers or property sealed
proper authority, who shall break the seals or permit by proper authority, who shall break the seals or permit
them to be broken, shall suffer the penalties of prision them to be broken, shall suffer the penalties of prision
correccional in its minimum and medium periods, correccional in its minimum and medium periods,
temporary special disqualification and a fine not temporary special disqualification and a fine not
exceeding 2,000 pesos. exceeding Four hundred thousand pesos (P400,000).

46
Article 228. Opening of closed documents. - Any public Article 228. Opening of closed documents. - Any public
officer not included in the provisions of the next officer not included in the provisions of the next
preceding article who, without proper authority, shall preceding article who, without proper authority, shall
open or shall permit to be opened any closed papers, open or shall permit to be opened any closed papers,
documents or objects entrusted to his custody, shall documents or objects entrusted to his custody, shall
suffer the penalties or arresto mayor, temporary special suffer the penalties or arresto mayor, temporary special
disqualification and a fine of not exceeding 2,000 pesos. disqualification and a fine of not exceeding Four hundred
thousand pesos (P400,000).

47
Article 229. Revelation of secrets by an officer. - Any Article 229. Revelation of secrets by an officer. - Any
public officer who shall reveal any secret known to him by public officer who shall reveal any secret known to him
reason of his official capacity, or shall wrongfully deliver by reason of his official capacity, or shall wrongfully
papers or copies of papers of which he may have charge deliver papers or copies of papers of which he may have
and which should not be published, shall suffer the charge and which should not be published, shall suffer
penalties of prision correccional in its medium and the penalties of prision correccional in its medium and
maximum periods, perpetual special disqualification and maximum periods, perpetual special disqualification and
a fine not exceeding 2,000 pesos if the revelation of such a fine not exceeding Four hundred thousand pesos
secrets or the delivery of such papers shall have caused (P400,000) if the revelation of such secrets or the
serious damage to the public interest; otherwise, the delivery of such papers shall have caused serious
penalties of prision correccional in its minimum period, damage to the public interest; otherwise, the penalties
temporary special disqualification and a fine not of prision correccional in its minimum period, temporary
exceeding 50 pesos shall be imposed. special disqualification and a fine not exceeding One
hundred thousand pesos (P100,000) shall be imposed.

48
Article 230. Public officer revealing secrets of private Article 230. Public officer revealing secrets of private
individual. - Any public officer to whom the secrets of any individual. - Any public officer to whom the secrets of
private individual shall become known by reason of his any private individual shall become known by reason of
office who shall reveal such secrets, shall suffer the his office who shall reveal such secrets, shall suffer the
penalties of arresto mayor and a fine not exceeding 1,000 penalties of arresto mayor and a fine not exceeding Two
pesos. hundred thousand pesos (P200,000).

49
Article 231. Open disobedience. - Any judicial or executive Article 231. Open disobedience. - Any judicial or
officer who shall openly refuse to execute the judgment, executive officer who shall openly refuse to execute the
decision or order of any superior authority made within judgment, decision or order of any superior authority
the scope of the jurisdiction of the latter and issued with made within the scope of the jurisdiction of the latter
all the legal formalities, shall suffer the penalties and issued with all the legal formalities, shall suffer the
of arresto mayor in its medium period to prision penalties of arresto mayor in its medium period to
correccional in its minimum period, temporary special prision correccional in its minimum period, temporary
disqualification in its maximum period and a fine not special disqualification in its maximum period and a fine
exceeding 1,000 pesos. not exceeding Two hundred thousand pesos (P200,000).

50
Article 233. Refusal of assistance. - The penalties Article 233. Refusal of assistance. - The penalties
of arresto mayor in its medium period to prision of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special correccional in its minimum period, perpetual special
disqualification and a fine not exceeding 1,000 pesos, disqualification and a fine not exceeding Two hundred
shall be imposed upon a public officer who, upon demand thousand pesos (P200,000), shall be imposed upon a
from competent authority, shall fail to lend his public officer who, upon demand from competent
cooperation towards the administration of justice or authority, shall fail to lend his cooperation towards the
other public service, if such failure shall result in serious administration of justice or other public service, if such
damage to the public interest, or to a third party; failure shall result in serious damage to the public
otherwise, arresto mayor in its medium and maximum interest, or to a third party; otherwise, arresto mayor in
periods and a fine not exceeding 500 pesos shall be its medium and maximum periods and a fine not
imposed. exceeding One hundred thousand pesos (P100,000) shall
be imposed.

51
Article 234. Refusal to discharge elective office. - The Article 234. Refusal to discharge elective office. - The
penalty of arresto mayor or a fine not exceeding 1,000 penalty of arresto mayor or a fine not exceeding Two
pesos, or both, shall be imposed upon any person who, hundred thousand pesos (P200,000), or both, shall be
having been elected by popular election to a public office, imposed upon any person who, having been elected by
shall refuse without legal motive to be sworn in or to popular election to a public office, shall refuse without
discharge the duties of said office. legal motive to be sworn in or to discharge the duties of
said office.

52
Article 235. Maltreatment of prisoners. - The penalty Article 235. Maltreatment of prisoners. - The penalty
of arresto mayor in its medium period to prision of prision correccional in its medium period to prision
correccional in its minimum period, in addition to his mayor in its minimum period, in addition to his liability
liability for the physical injuries or damage caused, shall for the physical injuries or damage caused, shall be
be imposed upon any public officer or employee who shall imposed upon any public officer or employee who shall
overdo himself in the correction or handling of a prisoner overdo himself in the correction or handling of a prisoner
or detention prisoner under his charge, by the imposition or detention prisoner under his charge, by the
of punishment not authorized by the regulations, or by imposition of punishment not authorized by the
inflicting such punishment in a cruel and humiliating regulations, or by inflicting such punishment in a cruel
manner. and humiliating manner.
If the purpose of the maltreatment is to extort a If the purpose of the maltreatment is to extort a
confession, or to obtain some information from the confession, or to obtain some information from the
prisoner, the offender shall be punished by prision prisoner, the offender shall be punished by prision
correccional in its minimum period, temporary special mayor in its minimum period, temporary special
disqualification and a fine not exceeding 500 pesos, in disqualification and a fine not exceeding One hundred
addition to his liability for the physical injuries or damage thousand pesos (P100,000), in addition to his liability for
caused. the physical injuries or damage caused.

53
Article 236. Anticipation of duties of a public office. - Any Article 236. Anticipation of duties of a public office. - Any
person who shall assume the performance of the duties person who shall assume the performance of the duties
and powers of any public officer or employment without and powers of any public officer or employment without
first being sworn in or having given the bond required by first being sworn in or having given the bond required by
law, shall be suspended from such office or employment law, shall be suspended from such office or employment
until he shall have complied with the respective until he shall have complied with the respective
formalities and shall be fined from 200 to 500 pesos. formalities and shall be fined from Forty thousand pesos
(P40,000) to One hundred thousand pesos (P100,000).
54
Article 237. Prolonging performance of duties and Article 237. Prolonging performance of duties and
powers. - Any public officer shall continue to exercise the powers. - Any public officer shall continue to exercise the
duties and powers of his office, employment or duties and powers of his office, employment or
commission, beyond the period provided by law, commission, beyond the period provided by law,
regulation or special provisions applicable to the case, regulation or special provisions applicable to the case,
shall suffer the penalties of prision correccional in its shall suffer the penalties of prision correccional in its
minimum period, special temporary disqualification in its minimum period, special temporary disqualification in
minimum period and a fine not exceeding 500 pesos. its minimum period and a fine not exceeding One
hundred thousand pesos (P100,000).

55
Article 239. Usurpation of legislative powers. - The Article 239. Usurpation of legislative powers. - The
penalties of prision correccional in its minimum period, penalties of prision correccional in its minimum period,
temporary special disqualification and a fine not temporary special disqualification and a fine not
exceeding 1,000 pesos, shall be imposed upon any public exceeding Two hundred thousand pesos (P200,000),
officer who shall encroach upon the powers of the shall be imposed upon any public officer who shall
legislative branch of the Government, either by making encroach upon the powers of the legislative branch of
general rules or regulations beyond the scope of his the Government, either by making general rules or
authority, or by attempting to repeal a law or suspending regulations beyond the scope of his authority, or by
the execution thereof. attempting to repeal a law or suspending the execution
thereof.

56
Article 242. Disobeying request for disqualification. - Any Article 242. Disobeying request for disqualification. - Any
public officer who, before the question of jurisdiction is public officer who, before the question of jurisdiction is
decided, shall continue any proceeding after having been decided, shall continue any proceeding after having
lawfully required to refrain from so doing, shall be been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a fine not exceeding 500 punished by arresto mayor and a fine not exceeding One
pesos. hundred thousand pesos (P100,000).

57
Article 243. Orders or requests by executive officers to any Article 243. Orders or requests by executive officers to
judicial authority. - Any executive officer who shall any judicial authority. - Any executive officer who shall
address any order or suggestion to any judicial authority address any order or suggestion to any judicial authority
with respect to any case or business coming within the with respect to any case or business coming within the
exclusive jurisdiction of the courts of justice shall suffer exclusive jurisdiction of the courts of justice shall suffer
the penalty of arresto mayor and a fine not exceeding 500 the penalty of arresto mayor and a fine not exceeding
pesos. One hundred thousand pesos (P100,000).

58
Article 244. Unlawful appointments. - Any public officer Article 244. Unlawful appointments. - Any public officer
who shall knowingly nominate or appoint to any public who shall knowingly nominate or appoint to any public
office any person lacking the legal qualifications therefor, office any person lacking the legal qualifications
shall suffer the penalty of arresto mayor and a fine not therefor, shall suffer the penalty of arresto mayor and a
exceeding 1,000 pesos. fine not exceeding Two hundred thousand pesos
(P200,000).

59
Article 259. Abortion practiced by a physician or midwife Article 259. Abortion practiced by a physician or midwife
and dispensing of abortives. - The penalties provided in and dispensing of abortives. - The penalties provided in
Article 256 shall be imposed in its maximum period, Article 256 shall be imposed in its maximum period,
respectively, upon any physician or midwife who, taking respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause advantage of their scientific knowledge or skill, shall
an abortion or assist in causing the same. cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription Any pharmacist who, without the proper prescription
from a physician, shall dispense any abortive shall from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding 1,000 suffer arresto mayor and a fine not exceeding One
pesos. hundred thousand pesos (P100,000).

60
Article 265. Less serious physical injuries. - Any person Article 265. Less serious physical injuries. - Any person
who shall inflict upon another physical injuries not who shall inflict upon another physical injuries not
described in the preceding articles, but which shall described in the preceding articles, but which shall
incapacitate the offended party for labor for ten days or incapacitate the offended party for labor for ten days or
more, or shall require medical assistance for the same more, or shall require medical assistance for the same
period, shall be guilty of less serious physical injuries and period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor. shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been Whenever less serious physical injuries shall have been
inflicted with the manifest intent to kill or offend the inflicted with the manifest intent to kill or offend the
injured person, or under circumstances adding ignominy injured person, or under circumstances adding ignominy
to the offense in addition to the penalty of arresto mayor, to the offense in addition to the penalty of arresto
a fine not exceeding 500 pesos shall be imposed. mayor, a fine not exceeding Fifty thousand pesos
(P50,000) shall be imposed.
Any less serious physical injuries inflicted upon the
offender's parents, ascendants, guardians, curators, Any less serious physical injuries inflicted upon the
teachers, or persons of rank, or persons in authority, shall offender's parents, ascendants, guardians, curators,
be punished by prision correccional in its minimum and teachers, or persons of rank, or persons in authority,
medium periods, provided that, in the case of persons in shall be punished by prision correccional in its minimum
authority, the deed does not constitute the crime of and medium periods, provided that, in the case of
assault upon such person. persons in authority, the deed does not constitute the
crime of assault upon such person.

61
Article 266. Slight physical injuries and maltreatment. - Article 266. Slight physical injuries and maltreatment. -
The crime of slight physical injuries shall be punished: The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted 1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the offended physical injuries which shall incapacitate the offended
party for labor from one to nine days, or shall require party for labor from one to nine days, or shall require
medical attendance during the same period. medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and 2. By arresto menor or a fine not exceeding Forty
censure when the offender has caused physical injuries thousand pesos (P40,000) and censure when the
which do not prevent the offended party from engaging offender has caused physical injuries which do not
in his habitual work nor require medical assistance. prevent the offended party from engaging in his habitual
work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not
exceeding 50 pesos when the offender shall ill-treat 3. By arresto menor in its minimum period or a fine not
another by deed without causing any injury. exceeding Five thousand pesos (P5,000) when the
offender shall ill-treat another by deed without causing
any injury.

62
Article 268. Slight illegal detention. - The penalty of Article 268. Slight illegal detention. - The penalty of
reclusion temporal shall be imposed upon any private reclusion temporal shall be imposed upon any private
individual who shall commit the crimes described in the individual who shall commit the crimes described in the
next preceding article without the attendance of any of next preceding article without the attendance of any of
circumstances enumerated therein. circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall The same penalty shall be incurred by anyone who shall
furnish the place for the perpetration of the crime. furnish the place for the perpetration of the crime.
If the offender shall voluntarily release the person so If the offender shall voluntarily release the person so
kidnapped or detained within three days from the kidnapped or detained within three days from the
commencement of the detention, without having commencement of the detention, without having
attained the purpose intended, and before the institution attained the purpose intended, and before the
of criminal proceedings against him, the penalty shall be institution of criminal proceedings against him, the
prision mayor in its minimum and medium periods and a penalty shall be prision mayor in its minimum and
fine not exceeding seven hundred pesos. medium periods and a fine not exceeding One hundred
thousand pesos (P100,000).

63
Article 269. Unlawful arrest. - The penalty of arresto Article 269. Unlawful arrest. - The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be mayor and a fine not exceeding One hundred thousand
imposed upon any person who, in any case other than pesos (P100,000) shall be imposed upon any person
those authorized by law, or without reasonable ground who, in any case other than those authorized by law, or
therefor, shall arrest or detain another for the purpose of without reasonable ground therefor, shall arrest or
delivering him to the proper authorities. detain another for the purpose of delivering him to the
proper authorities.

64
Article 271. Inducing a minor to abandon his home. - The Article 271. Inducing a minor to abandon his home. - The
penalty of prision correccional and a fine not exceeding penalty of prision correccional and a fine not exceeding
seven hundred pesos shall be imposed upon anyone who One hundred thousand pesos (P100,000)shall be
shall induce a minor to abandon the home of his parent imposed upon anyone who shall induce a minor to
or guardians or the persons entrusted with his custody. abandon the home of his parent or guardians or the
persons entrusted with his custody.
If the person committing any of the crimes covered by the
two preceding articles shall be the father or the mother of If the person committing any of the crimes covered by
the minor, the penalty shall be arresto mayor or a fine not the two preceding articles shall be the father or the
exceeding three hundred pesos, or both. mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding Forty thousand pesos
(P40,000), or both.

65
Article 276. Abandoning a minor. - The penalty of arresto Article 276. Abandoning a minor. - The penalty
mayor and a fine not exceeding 500 pesos shall be of arresto mayor and a fine not exceeding One hundred
imposed upon any one who shall abandon a child under thousand pesos (P100,000) shall be imposed upon any
seven years of age, the custody of which is incumbent one who shall abandon a child under seven years of age,
upon him. the custody of which is incumbent upon him.

When the death of the minor shall result from such When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but if correccional in its medium and maximum periods; but if
the life of the minor shall have been in danger only, the the life of the minor shall have been in danger only, the
penalty shall be prision correccional in its minimum and penalty shall be prision correccional in its minimum and
medium periods. medium periods.

The provisions contained in the two preceding paragraphs The provisions contained in the two preceding
shall not prevent the imposition of the penalty provided paragraphs shall not prevent the imposition of the
for the act committed, when the same shall constitute a penalty provided for the act committed, when the same
more serious offense. shall constitute a more serious offense.

66
Article 277. Abandonment of minor by person entrusted Article 277. Abandonment of minor by person entrusted
with his custody; indifference of parents. - The penalty with his custody; indifference of parents. - The penalty
of arresto mayor and a fine not exceeding 500 pesos shall of arresto mayor and a fine not exceeding One hundred
be imposed upon anyone who, having charge of the thousand pesos (P100,000) shall be imposed upon
rearing or education of a minor, shall deliver said minor to anyone who, having charge of the rearing or education
a public institution or other persons, without the consent of a minor, shall deliver said minor to a public institution
of the one who entrusted such child to his care or in the or other persons, without the consent of the one who
absence of the latter, without the consent of the proper entrusted such child to his care or in the absence of the
authorities. latter, without the consent of the proper authorities.

The same penalty shall be imposed upon the parents who The same penalty shall be imposed upon the parents
shall neglect their children by not giving them the who shall neglect their children by not giving them the
education which their station in life require and financial education which their station in life require and financial
conditions permit. conditions permit.

67
Article 278. Exploitation of minors. - The penalty of Article 278. Exploitation of minors. - The penalty of
prision correccional in its minimum and medium periods prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed and a fine not exceeding One hundred thousand pesos
upon: (P100,000) shall be imposed upon:

1. Any person who shall cause any boy or girl under 1. Any person who shall cause any boy or girl under
sixteen years of age to perform any dangerous feat of sixteen years of age to perform any dangerous feat of
balancing, physical strength, or contortion. balancing, physical strength, or contortion.

2. Any person who, being an acrobat, gymnast, rope- 2. Any person who, being an acrobat, gymnast, rope-
walker, diver, wild-animal tamer or circus manager or walker, diver, wild-animal tamer or circus manager or
engaged in a similar calling, shall employ in exhibitions of engaged in a similar calling, shall employ in exhibitions
these kinds children under sixteen years of age who are of these kinds children under sixteen years of age who
not his children or descendants. are not his children or descendants.

3. Any person engaged in any of the callings enumerated 3. Any person engaged in any of the callings enumerated
in the next paragraph preceding who shall employ any in the next paragraph preceding who shall employ any
descendant of his under twelve years of age in such descendant of his under twelve years of age in such
dangerous exhibitions. dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted 4. Any ascendant, guardian, teacher or person entrusted
in any capacity with the care of a child under sixteen years in any capacity with the care of a child under sixteen
of age, who shall deliver such child gratuitously to any years of age, who shall deliver such child gratuitously to
person following any of the callings enumerated in any person following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or beggar. paragraph 2 hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of If the delivery shall have been made in consideration of
any price, compensation, or promise, the penalty shall in any price, compensation, or promise, the penalty shall in
every case be imposed in its maximum period. every case be imposed in its maximum period.

In either case, the guardian or curator convicted shall also In either case, the guardian or curator convicted shall
be removed from office as guardian or curator; and in the also be removed from office as guardian or curator; and
case of the parents of the child, they may be deprived, in the case of the parents of the child, they may be
temporarily or perpetually, in the discretion of the court, deprived, temporarily or perpetually, in the discretion of
of their parental authority. the court, of their parental authority.

5. Any person who shall induce any child under sixteen 5. Any person who shall induce any child under sixteen
years of age to abandon the home of its ascendants, years of age to abandon the home of its ascendants,
guardians, curators, or teachers to follow any person guardians, curators, or teachers to follow any person
engaged in any of the callings mentioned in paragraph 2 engaged in any of the callings mentioned in paragraph 2
hereof, or to accompany any habitual vagrant or beggar. hereof, or to accompany any habitual vagrant or beggar.

68
Article 280. Qualified trespass to dwelling. - Any private Article 280. Qualified trespass to dwelling. - Any private
person who shall enter the dwelling of another against the person who shall enter the dwelling of another against
latter's will shall be punished by arresto mayor and a fine the latter's will shall be punished by arresto mayor and a
not exceeding 1,000 pesos. fine not exceeding Two hundred thousand pesos
(P200,000).
If the offense be committed by means of violence or
intimidation, the penalty shall be prision correccional in If the offense be committed by means of violence or
its medium and maximum periods and a fine not intimidation, the penalty shall be prision correccional in
exceeding 1,000 pesos. its medium and maximum periods and a fine not
exceeding Two hundred thousand pesos (P200,000).
The provisions of this article shall not be applicable to any
person who shall enter another's dwelling for the purpose The provisions of this article shall not be applicable to
of preventing some serious harm to himself, the any person who shall enter another's dwelling for the
occupants of the dwelling or a third person, nor shall it be purpose of preventing some serious harm to himself, the
applicable to any person who shall enter a dwelling for the occupants of the dwelling or a third person, nor shall it
purpose of rendering some service to humanity or justice, be applicable to any person who shall enter a dwelling
nor to anyone who shall enter cafes, taverns, inn and for the purpose of rendering some service to humanity
other public houses, while the same are open. or justice, nor to anyone who shall enter cafes, taverns,
inn and other public houses, while the same are open.

69
Article 281. Other forms of trespass. - The penalty Article 281. Other forms of trespass. - The penalty
of arresto menor or a fine not exceeding 200 pesos, or of arresto menor or a fine not exceeding Forty thousand
both, shall be imposed upon any person who shall enter pesos (P40,000), or both, shall be imposed upon any
the closed premises or the fenced estate of another, while person who shall enter the closed premises or the
either or them are uninhabited, if the prohibition to enter fenced estate of another, while either or them are
be manifest and the trespasser has not secured the uninhabited, if the prohibition to enter be manifest and
permission of the owner or the caretaker thereof. the trespasser has not secured the permission of the
owner or the caretaker thereof.

70
Article 282. Grave threats. - Any person who shall Article 282. Grave threats. - Any person who shall
threaten another with the infliction upon the person, threaten another with the infliction upon the person,
honor or property of the latter or of his family of any honor or property of the latter or of his family of any
wrong amounting to a crime, shall suffer: wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed
by law for the crime be threatened to commit, if the 1. The penalty next lower in degree than that prescribed
offender shall have made the threat demanding money or by law for the crime be threatened to commit, if the
imposing any other condition, even though not unlawful, offender shall have made the threat demanding money
and said offender shall have attained his purpose. If the or imposing any other condition, even though not
offender shall not have attained his purpose, the penalty unlawful, and said offender shall have attained his
lower by two degrees shall be imposed. purpose. If the offender shall not have attained his
If the threat be made in writing or through a middleman, purpose, the penalty lower by two degrees shall be
the penalty shall be imposed in its maximum period. imposed.
2. The penalty of arresto mayor and a fine not exceeding
500 pesos, if the threat shall not have been made subject If the threat be made in writing or through a middleman,
to a condition. the penalty shall be imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding
One hundred thousand pesos (P100,000), if the threat
shall not have been made subject to a condition.

71
Article 285. Other light threats. - The penalty of arresto Article 285. Other light threats. - The penalty of arresto
menor in its minimum period or a fine not exceeding 200 menor in its minimum period or a fine not exceeding
pesos shall be imposed upon: Forty thousand pesos (P40,000) shall be imposed upon:
1. Any person who, without being included in the
provisions of the next preceding article, shall threaten 1. Any person who, without being included in the
another with a weapon or draw such weapon in a quarrel, provisions of the next preceding article, shall threaten
unless it be in lawful self-defense. another with a weapon or draw such weapon in a
2. Any person who, in the heat of anger, shall orally quarrel, unless it be in lawful self-defense.
threaten another with some harm not constituting a
crime, and who by subsequent acts show that he did not 2. Any person who, in the heat of anger, shall orally
persist in the idea involved in his threat, provided that the threaten another with some harm not constituting a
circumstances of the offense shall not bring it within the crime, and who by subsequent acts show that he did not
provisions of Article 282 of this Code. persist in the idea involved in his threat, provided that
3. Any person who shall orally threaten to do another any the circumstances of the offense shall not bring it within
harm not constituting a felony. the provisions of Article 282 of this Code.

3. Any person who shall orally threaten to do another


any harm not constituting a felony.

72
Article 286. Grave coercions. - The penalty of arresto Article 286. Grave coercions. - The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be mayor and a fine not exceeding One hundred thousand
imposed upon any person who, without authority of law, pesos (P100,000) shall be imposed upon any person
shall, by means of violence, prevent another from doing who, without authority of law, shall, by means of
something not prohibited by law, or compel him to do violence, prevent another from doing something not
something against his will, whether it be right or wrong. prohibited by law, or compel him to do something
If the coercion be committed for the purpose of against his will, whether it be right or wrong.
compelling another to perform any religious act or to
prevent him from so doing, the penalty next higher in If the coercion be committed in violation of the exercise
degree shall be imposed. of the right of suffrage, or for the purpose of compelling
another to perform any religious act or to prevent him
from exercising such right or from doing such act, the
penalty next higher in degree shall be imposed.

73
Article 287. Light coercions. - Any person who, by means Article 287. Light coercions. - Any person who, by means
of violence, shall seize anything belonging to his debtor of violence, shall seize anything belonging to his debtor
for the purpose of applying the same to the payment of for the purpose of applying the same to the payment of
the debt, shall suffer the penalty of arresto mayor in its the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the minimum period and a fine equivalent to the value of the
thing, but in no case less than 75 pesos. thing, but in no case less than Fifteen thousand pesos
(P15,000).
Any other coercions or unjust vexations shall be punished
by arresto menor or a fine ranging from 5 pesos to 200 Any other coercions or unjust vexations shall be
pesos, or both. punished by arresto menor or a fine ranging from One
thousand pesos (P1,000) to not more than Forty
thousand pesos (P40,000), or both.

74
Article 288. Other similar coercions; (Compulsory Article 288. Other similar coercions; (Compulsory
purchase of merchandise and payment of wages by means purchase of merchandise and payment of wages by
of tokens.) - The penalty of arresto mayor or a fine ranging means of tokens.) - The penalty of arresto mayor or a
from 200 to 500 pesos, or both, shall be imposed upon fine ranging from Forty thousand pesos (P40,000) to One
any person, agent or officer, of any association or hundred thousand pesos (P100,000), or both, shall be
corporation who shall force or compel, directly or imposed upon any person, agent or officer, of any
indirectly, or shall knowingly permit any laborer or association or corporation who shall force or compel,
employee employed by him or by such firm or corporation directly or indirectly, or shall knowingly permit any
to be forced or compelled, to purchase merchandise or laborer or employee employed by him or by such firm or
commodities of any kind. corporation to be forced or compelled, to purchase
The same penalties shall be imposed upon any person merchandise or commodities of any kind.
who shall pay the wages due a laborer or employee
employed by him, by means of tokens or objects other The same penalties shall be imposed upon any person
than the legal tender currency of the laborer or employee. who shall pay the wages due a laborer or employee
employed by him, by means of tokens or objects other
than the legal tender currency of the Philippines, unless
expressly requested by the laborer or employee.

75
Article 289. Formation, maintenance and prohibition of Article 289. Formation, maintenance and prohibition of
combination of capital or labor through violence or combination of capital or labor through violence or
threats. - The penalty of arresto mayor and a fine not threats. - The penalty of arresto mayor and a fine not
exceeding 300 pesos shall be imposed upon any person exceeding Sixty thousand pesos (P60,000) shall be
who, for the purpose of organizing, maintaining or imposed upon any person who, for the purpose of
preventing coalitions or capital or labor, strike of laborers organizing, maintaining or preventing coalitions or
or lock-out of employees, shall employ violence or threats capital or labor, strike of laborers or lock-out of
in such a degree as to compel or force the laborers or employees, shall employ violence or threats in such a
employers in the free and legal exercise of their industry degree as to compel or force the laborers or employers
or work, if the act shall not constitute a more serious in the free and legal exercise of their industry or work, if
offense in accordance with the provisions of this Code. the act shall not constitute a more serious offense in
accordance with the provisions of this Code.

76
Article 290. Discovering secrets through seizure of Article 290. Discovering secrets through seizure of
correspondence. - The penalty of prision correccional in its correspondence. - The penalty of prision correccional in
minimum and medium periods and a fine not exceeding its minimum and medium periods and a fine not
500 pesos shall be imposed upon any private individual exceeding One hundred thousand pesos (P100,000) shall
who in order to discover the secrets of another, shall seize be imposed upon any private individual who in order to
his papers or letters and reveal the contents thereof. discover the secrets of another, shall seize his papers or
letters and reveal the contents thereof.
If the offender shall not reveal such secrets, the penalty
shall be arresto mayor and a fine not exceeding 500 If the offender shall not reveal such secrets, the penalty
pesos. shall be arresto mayor and a fine not exceeding One
The provision shall not be applicable to parents, hundred thousand pesos (P100,000).
guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the The provision shall not be applicable to parents,
children or minors placed under their care or study, nor to guardians, or persons entrusted with the custody of
spouses with respect to the papers or letters of either of minors with respect to the papers or letters of the
them. children or minors placed under their care or study, nor
to spouses with respect to the papers or letters of either
of them.

77
Article 291. Revealing secrets with abuse of office. - The Article 291. Revealing secrets with abuse of office. - The
penalty of arresto mayor and a fine not exceeding 500 penalty of arresto mayor and a fine not exceeding One
pesos shall be imposed upon any manager, employee, or hundred thousand pesos (P100,000) shall be imposed
servant who, in such capacity, shall learn the secrets of his upon any manager, employee, or servant who, in such
principal or master and shall reveal such secrets. capacity, shall learn the secrets of his principal or master
and shall reveal such secrets.

78
Article 292. Revelation of industrial secrets. - The penalty Article 292. Revelation of industrial secrets. - The
of prision correccional in its minimum and medium penalty of prision correccional in its minimum and
periods and a fine not exceeding 500 pesos shall be medium periods and a fine not exceeding One hundred
imposed upon the person in charge, employee or thousand pesos (P100,000) shall be imposed upon the
workman of any manufacturing or industrial person in charge, employee or workman of any
establishment who, to the prejudice of the owner thereof, manufacturing or industrial establishment who, to the
shall reveal the secrets of the industry of the latter. prejudice of the owner thereof, shall reveal the secrets
of the industry of the latter.

79
Article 299. Robbery in an inhabited house or public Article 299. Robbery in an inhabited house or public
building or edifice devoted to worship. - Any armed person building or edifice devoted to worship. - Any armed
who shall commit robbery in an inhabited house or public person who shall commit robbery in an inhabited house
building or edifice devoted to religious worship, shall be or public building or edifice devoted to religious worship,
punished by reclusion temporal, if the value of the shall be punished by reclusion temporal, if the value of
property taken shall exceed 250 pesos, and if:
the property taken shall exceed Fifty thousand pesos
(a) The malefactors shall enter the house or building in (P50,000), and if:
which the robbery was committed, by any of the following
means: (a) The malefactors shall enter the house or building in
which the robbery was committed, by any of the
1. Through a opening not intended for entrance or egress. following means:
2. By breaking any wall, roof, or floor or breaking any door
or window. 1. Through a opening not intended for entrance or
3. By using false keys, picklocks or similar tools. egress.
4. By using any fictitious name or pretending the exercise 2. By breaking any wall, roof, or floor or breaking any
of public authority. door or window.
3. By using false keys, picklocks or similar tools.
Or if – 4. By using any fictitious name or pretending the exercise
of public authority.
(b) The robbery be committed under any of the following
circumstances: Or if –
1. By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle; (b) The robbery be committed under any of the following
2. By taking such furniture or objects to be broken or circumstances:
forced open outside the place of the robbery. 1. By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle;
When the offenders do not carry arms, and the value of 2. By taking such furniture or objects to be broken or
the property taken exceeds 250 pesos, the penalty next forced open outside the place of the robbery.
lower in degree shall be imposed.
When the offenders do not carry arms, and the value of
The same rule shall be applied when the offenders are the property taken exceeds Fifty thousand pesos
armed, but the value of the property taken does not (P50,000), the penalty next lower in degree shall be
exceed 250 pesos. imposed.

When said offenders do not carry arms and the value of The same rule shall be applied when the offenders are
the property taken does not exceed 250 pesos, they shall armed, but the value of the property taken does not
suffer the penalty prescribed in the two next preceding exceed Fifty thousand pesos (P50,000).
paragraphs, in its minimum period.
When said offenders do not carry arms and the value of
If the robbery be committed in one of the dependencies the property taken does not exceed Fifty thousand pesos
of an inhabited house, public building, or building (P50,000), they shall suffer the penalty prescribed in the
dedicated to religious worship, the penalties next lower in two next preceding paragraphs, in its minimum period.
degree than those prescribed in this article shall be
imposed. If the robbery be committed in one of the dependencies
of an inhabited house, public building, or building
dedicated to religious worship, the penalties next lower
in degree than those prescribed in this article shall be
imposed.

80
Article 302. Robbery is an uninhabited place or in a private Article 302. Robbery is an uninhabited place or in a
building. - Any robbery committed in an uninhabited private building. - Any robbery committed in an
place or in a building other than those mentioned in the uninhabited place or in a building other than those
first paragraph of Article 299, if the value of the property mentioned in the first paragraph of Article 299, if the
taken exceeds 250 pesos, shall be punished by prision value of the property taken exceeds Fifty thousand
correccional if any of the following circumstances is pesos (P50,000), shall be punished by prision
present: correccional in its medium and maximum periods
1. If the entrance has been effected through any opening provided that any of the following circumstances is
not intended for entrance or egress. present:
2. If any wall, roof, flour or outside door or window has
been broken. 1. If the entrance has been effected through any opening
3. If the entrance has been effected through the use of not intended for entrance or egress.
false keys, picklocks or other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed 2. If any wall, roof, flour or outside door or window has
furniture or receptacle has been broken. been broken.
5. If any closed or sealed receptacle, as mentioned in the 3. If the entrance has been effected through the use of
preceding paragraph, has been removed even if the same false keys, picklocks or other similar tools.
to broken open elsewhere. 4. If any dorm, wardrobe, chest or by sealed or closed
When the value of the property takes does not exceed furniture or receptacle has been broken.
250 pesos, the penalty next lower in degree shall be 5. If any closed or sealed receptacle, as mentioned in the
imposed. preceding paragraph, has been removed even if the
In the cases specified in Articles 294, 295, 297, 299, 300, same to broken open elsewhere.
and 302 of this Code, when the property taken is mail
matter or large cattle, the offender shall suffer the When the value of the property takes does not exceed
penalties next higher in degree than those provided in Fifty thousand pesos (P50,000), the penalty next lower
said articles. in degree shall be imposed.

In the cases specified in Articles 294, 295, 297, 299, 300,


and 302 of this Code, when the property taken is mail
matter or large cattle, the offender shall suffer the
penalties next higher in degree than those provided in
said articles.

81
Article 309. Penalties. - Any person guilty of theft shall be Article 309. Penalties. - Any person guilty of theft shall
punished by: be punished by:
1. The penalty of prision mayor in its minimum and 1. The penalty of prision mayor in its minimum and
medium periods, if the value of the thing stolen is more medium periods, if the value of the thing stolen is more
than 12,000 pesos but does not exceed 22,000 pesos, but than One million two hundred thousand pesos
if the value of the thing stolen exceeds the latter amount (P1,200,000) but does not exceed Two million two
the penalty shall be the maximum period of the one hundred thousand pesos (P2,200,000), but if the value
prescribed in this paragraph, and one year for each of the thing stolen exceeds the latter amount, the
additional ten thousand pesos, but the total of the penalty penalty shall be the maximum period of the one
which may be imposed shall not exceed twenty years. In prescribed in this paragraph, and one year for each
such cases, and in connection with the accessory penalties additional One million pesos (P1,000,000), but the total
which may be imposed and for the purpose of the other of the penalty which may be imposed shall not exceed
provisions of this Code, the penalty shall be termed twenty years. In such cases, and in connection with the
prision mayor or reclusion temporal, as the case may be. accessory penalties which may be imposed and for the
purpose of the other provisions of this Code, the penalty
2. The penalty of prision correccional in its medium and shall be termed prision mayor or reclusion temporal, as
maximum periods, if the value of the thing stolen is more the case may be.
than 6,000 pesos but does not exceed 12,000 pesos.
2. The penalty of prision correccional in its medium and
3. The penalty of prision correccional in its minimum and maximum periods, if the value of the thing stolen is more
medium periods, if the value of the property stolen is than Six hundred thousand pesos (P600,000) but does
more than 200 pesos but does not exceed 6,000 pesos. not exceed One million two hundred thousand pesos
4. Arresto mayor in its medium period to prision (P1,200,000).
correccional in its minimum period, if the value of the
property stolen is over 50 pesos but does not exceed 200 3. The penalty of prision correccional in its minimum and
pesos. medium periods, if the value of the property stolen is
5. Arresto mayor to its full extent, if such value is over 5 more than Twenty thousand pesos (P20,000) but does
pesos but does not exceed 50 pesos. not exceed Six hundred thousand pesos (P600,000).
6. Arresto mayor in its minimum and medium periods, if
such value does not exceed 5 pesos. 4. Arresto mayor in its medium period to prision
7. Arresto menor or a fine not exceeding 200 pesos, if the correccional in its minimum period, if the value of the
theft is committed under the circumstances enumerated property stolen is over Five thousand pesos (P5,000) but
in paragraph 3 of the next preceding article and the value does not exceed Twenty thousand pesos (P20,000).
of the thing stolen does not exceed 5 pesos. If such value
exceeds said amount, the provision of any of the five 5. Arresto mayor to its full extent, if such value is over
preceding subdivisions shall be made applicable. Five hundred pesos (P500) but does not exceed Twenty
thousand pesos (P20,000).
8. Arresto menor in its minimum period or a fine not
exceeding 50 pesos, when the value of the thing stolen is 6. Arresto mayor in its minimum and medium periods, if
not over 5 pesos, and the offender shall have acted under such value does not exceed Five hundred pesos (P500).
the impulse of hunger, poverty, or the difficulty of earning
a livelihood for the support of himself or his family. 7. Arresto menor or a fine not exceeding Twenty
thousand pesos (P20,000), if the theft is committed
under the circumstances enumerated in paragraph 3 of
the next preceding article and the value of the thing
stolen does not exceed Five hundred pesos (P500). If
such value exceeds said amount, the provision of any of
the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not


exceeding Five thousand pesos (P5,000), when the value
of the thing stolen is not over Five hundred pesos (P500),
and the offender shall have acted under the impulse of
hunger, poverty, or the difficulty of earning a livelihood
for the support of himself or his family.

82
Article 311. Theft of the property of the National Library Article 311. Theft of the property of the National Library
and National Museum. - If the property stolen be any and National Museum. - If the property stolen be any
property of the National Library or the National Museum, property of the National Library or the National
the penalty shall be arresto mayor or a fine ranging from Museum, the penalty shall be arresto mayor or a fine
200 to 500 pesos, or both, unless a higher penalty should ranging from Forty thousand pesos (P40,000) to One
be provided under other provisions of this Code, in which hundred thousand pesos (P100,000), or both, unless a
case, the offender shall be punished by such higher higher penalty should be provided under other
penalty. provisions of this Code, in which case, the offender shall
be punished by such higher penalty.

83
Article 312. Occupation of real property or usurpation of Article 312. Occupation of real property or usurpation of
real rights in property. - Any person who, by means of real rights in property. - Any person who, by means of
violence against or intimidation of persons, shall take violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real possession of any real property or shall usurp any real
rights in property belonging to another, in addition to the rights in property belonging to another, in addition to
penalty incurred for the acts of violence executed by him, the penalty incurred for the acts of violence executed by
shall be punished by a fine from 50 to 100 per centum of him, shall be punished by a fine from 50 to 100 per
the gain which he shall have obtained, but not less than centum of the gain which he shall have obtained, but not
75 pesos. less than Fifteen thousand pesos (P15,000).
If the value of the gain cannot be ascertained, a fine of
from 200 to 500 pesos shall be imposed. If the value of the gain cannot be ascertained, a fine of
from Forty thousand pesos (P40,000) to One hundred
thousand pesos (P100,000) shall be imposed.

84
Article 313. Altering boundaries or landmarks. - Any Article 313. Altering boundaries or landmarks. - Any
person who shall alter the boundary marks or monuments person who shall alter the boundary marks or
of towns, provinces, or estates, or any other marks monuments of towns, provinces, or estates, or any other
intended to designate the boundaries of the same, shall marks intended to designate the boundaries of the
be punished by arresto menor or a fine not exceeding 100 same, shall be punished by arresto menor or a fine not
pesos, or both. exceeding Twenty thousand pesos (P20,000), or both.

85
Article 315. Swindling (estafa). - Any person who shall Article 315. Swindling (estafa). - Any person who shall
defraud another by any of the means mentioned defraud another by any of the means mentioned herein
hereinbelow shall be punished by: below shall be punished by:
1st. The penalty of prision correccional in its maximum 1st. The penalty of prision correccional in its maximum
period to prision mayor in its minimum period, if the period to prision mayor in its minimum period, if the
amount of the fraud is over 12,000 pesos but does not amount of the fraud is over Two million four hundred
exceed 22,000 pesos, and if such amount exceeds the thousand pesos (P2,400,000) but does not exceed Four
latter sum, the penalty provided in this paragraph shall be million four hundred thousand pesos (P4,400,000), and
imposed in its maximum period, adding one year for each if such amount exceeds the latter sum, the penalty
additional 10,000 pesos; but the total penalty which may provided in this paragraph shall be imposed in its
be imposed shall not exceed twenty years. In such cases, maximum period, adding one year for each additional
and in connection with the accessory penalties which may Two million pesos (P2,000,000); but the total penalty
be imposed under the provisions of this Code, the penalty which may be imposed shall not exceed twenty years. In
shall be termed prision mayor or reclusion temporal, as such cases, and in connection with the accessory
the case may be. penalties which may be imposed under the provisions of
2nd. The penalty of prision correccional in its minimum this Code, the penalty shall be termed prision mayor or
and medium periods, if the amount of the fraud is over reclusion temporal, as the case may be.
6,000 pesos but does not exceed 12,000 pesos; 2nd. The penalty of prision correccional in its minimum
3rd. The penalty of arresto mayor in its maximum period and medium periods, if the amount of the fraud is over
to prision correccional in its minimum period if such One million two hundred thousand pesos (P1,200,000)
amount is over 200 pesos but does not exceed 6,000 but does not exceed Two million four hundred thousand
pesos; and pesos (P2,400,000);
4th. By arresto mayor in its maximum period, if such 3rd. The penalty of arresto mayor in its maximum period
amount does not exceed 200 pesos, provided that in the to prision correccional in its minimum period if such
four cases mentioned, the fraud be committed by any of amount is over Forty thousand pesos (P40,000) but does
the following means: not exceed One million two hundred thousand pesos
1. With unfaithfulness or abuse of confidence, namely: (P1,200,000); and
(a) By altering the substance, quantity, or quality or 4th. By arresto mayor in its medium and maximum
anything of value which the offender shall deliver by period, if such amount does not exceed Forty thousand
virtue of an obligation to do so, even though such pesos (P40,000), provided that in the four cases
obligation be based on an immoral or illegal mentioned, the fraud be committed by any of the
consideration. following means:
(b) By misappropriating or converting, to the prejudice of 1. With unfaithfulness or abuse of confidence, namely:
another, money, goods, or any other personal property (a) By altering the substance, quantity, or quality or
received by the offender in trust or on commission, or for anything of value which the offender shall deliver by
administration, or under any other obligation involving virtue of an obligation to do so, even though such
the duty to make delivery of or to return the same, even obligation be based on an immoral or illegal
though such obligation be totally or partially guaranteed consideration.
by a bond; or by denying having received such money, (b) By misappropriating or converting, to the prejudice
goods, or other property. of another, money, goods, or any other personal
(c) By taking undue advantage of the signature of the property received by the offender in trust or on
offended party in blank, and by writing any document commission, or for administration, or under any other
above such signature in blank, to the prejudice of the obligation involving the duty to make delivery of or to
offended party or of any third person. return the same, even though such obligation be totally
2. By means of any of the following false pretenses or or partially guaranteed by a bond; or by denying having
fraudulent acts executed prior to or simultaneously with received such money, goods, or other property.
the commission of the fraud: (c) By taking undue advantage of the signature of the
(a) By using fictitious name, or falsely pretending to offended party in blank, and by writing any document
possess power, influence, qualifications, property, credit, above such signature in blank, to the prejudice of the
agency, business or imaginary transactions, or by means offended party or of any third person.
of other similar deceits. 2. By means of any of the following false pretenses or
(b) By altering the quality, fineness or weight of anything fraudulent acts executed prior to or simultaneously with
pertaining to his art or business. the commission of the fraud:
(c) By pretending to have bribed any Government (a) By using fictitious name, or falsely pretending to
employee, without prejudice to the action for calumny possess power, influence, qualifications, property,
which the offended party may deem proper to bring credit, agency, business or imaginary transactions, or by
against the offender. In this case, the offender shall be means of other similar deceits.
punished by the maximum period of the penalty. (b) By altering the quality, fineness or weight of anything
(d) By post-dating a check, or issuing a check in payment pertaining to his art or business.
of an obligation when the offender therein were not (c) By pretending to have bribed any Government
sufficient to cover the amount of the check. The failure of employee, without prejudice to the action for calumny
the drawer of the check to deposit the amount necessary which the offended party may deem proper to bring
to cover his check within three (3) days from receipt of against the offender. In this case, the offender shall be
notice from the bank and/or the payee or holder that said punished by the maximum period of the penalty.
check has been dishonored for lack of insufficiency of
funds shall be prima facie evidence of deceit constituting (d) By post-dating a check, or issuing a check in payment
false pretense or fraudulent act. (As amended by R.A. of an obligation when the offender had no funds in the
4885, approved June 17, 1967.) bank, or his funds deposited therein were not sufficient
to cover the amount of the check. The failure of the
(e) By obtaining any food, refreshment or accommodation drawer of the check to deposit the amount necessary to
at a hotel, inn, restaurant, boarding house, lodging house, cover his check within three (3) days from receipt of
or apartment house and the like without paying therefor, notice from the bank and/or the payee or holder that
with intent to defraud the proprietor or manager thereof, said check has been dishonored for lack of insufficiency
or by obtaining credit at hotel, inn, restaurant, boarding of funds shall be prima facie evidence of deceit
house, lodging house, or apartment house by the use of constituting false pretense or fraudulent act.
any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn, Any person who shall defraud another by means of false
restaurant, boarding house, lodging house or apartment pretenses or fraudulent acts as defined in paragraph 2(d)
house after obtaining credit, food, refreshment or hereof shall be punished by:
accommodation therein without paying for his food,
refreshment or accommodation. 1st. The penalty of reclusion temporal in its maximum
period, if the amount of fraud is over Four million four
3. Through any of the following fraudulent means: hundred thousand pesos (P4,400,000) but does not
(a) By inducing another, by means of deceit, to sign any exceed Eight million eight hundred thousand pesos
document. (P8,800,000). If the amount exceeds the latter, the
(b) By resorting to some fraudulent practice to insure penalty shall be reclusion perpetua.
success in a gambling game.
(c) By removing, concealing or destroying, in whole or in 2nd. The penalty of reclusion temporal in its minimum
part, any court record, office files, document or any other and medium periods, if the amount of fraud is over Two
papers. million four hundred thousand pesos (P2,400,000) but
does not exceed Four million four hundred thousand
pesos (P4,400,000).

3rd. The penalty of prision mayor in its maximum period,


if the amount of fraud is over One million two hundred
thousand pesos (P1,200,000) but does not exceed Two
million four hundred thousand pesos (P2,400,000).

4th. The penalty of prision mayor in its medium period, if


such amount is over Forty thousand pesos (P40,000) but
does not exceed One million two hundred thousand
pesos (P1,200,000).

5th. By prision mayor in its minimum period, if such


amount does not exceed Forty thousand pesos
(P40,000).

3. Through any of the following fraudulent means:


(a) By inducing another, by means of deceit, to sign any
document.
(b) By resorting to some fraudulent practice to insure
success in a gambling game.
(c) By removing, concealing or destroying, in whole or in
part, any court record, office files, document or any
other papers.

86
Article 318. Other deceits. - The penalty of arresto Article 318. Other deceits. - The penalty of arresto
mayor and a fine of not less than the amount of the mayor and a fine of not less than the amount of the
damage caused and not more than twice such amount damage caused and not more than twice such amount
shall be imposed upon any person who shall defraud or shall be imposed upon any person who shall defraud or
damage another by any other deceit not mentioned in the damage another by any other deceit not mentioned in
preceding articles of this chapter. the preceding articles of this chapter.
Any person who, for profit or gain, shall interpret dreams,
make forecasts, tell fortunes, or take advantage of the Any person who, for profit or gain, shall interpret
credulity of the public in any other similar manner, shall dreams, make forecasts, tell fortunes, or take advantage
suffer the penalty of arresto mayor or a fine not of the credulity of the public in any other similar manner,
exceeding 200 pesos. shall suffer the penalty of arresto mayor or a fine not
exceeding Forty thousand pesos (P40,000).

87
Article 328. Special cases of malicious mischief. - Any Article 328. Special cases of malicious mischief. - Any
person who shall cause damage to obstruct the person who shall cause damage to obstruct the
performance of public functions, or using any poisonous performance of public functions, or using any poisonous
or corrosive substance; or spreading any infection or or corrosive substance; or spreading any infection or
contagion among cattle; or who cause damage to the contagion among cattle; or who cause damage to the
property of the National Museum or National Library, or property of the National Museum or National Library, or
to any archive or registry, waterworks, road, promenade, to any archive or registry, waterworks, road,
or any other thing used in common by the public, shall be promenade, or any other thing used in common by the
punished: public, shall be punished:
1. By prision correccional in its minimum and medium 1. By prision correccional in its minimum and medium
periods, if the value of the damage caused exceeds 1,000 periods, if the value of the damage caused exceeds Two
pesos; hundred thousand pesos (P200,000);
2. By arresto mayor, if such value does not exceed the 2. By arresto mayor, if such value does not exceed the
abovementioned amount but it is over 200 pesos; and abovementioned amount but it is over Forty thousand
3. By arresto menor, in such value does not exceed 200 pesos (P40,000); and
pesos. 3. By arresto menor, in such value does not exceed Forty
thousand pesos (P40,000).

88
Article 329. Other mischiefs. - The mischiefs not included Article 329. Other mischiefs. - The mischiefs not included
in the next preceding article shall be punished: in the next preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, 1. By arresto mayor in its medium and maximum
if the value of the damage caused exceeds 1,000 pesos; periods, if the value of the damage caused exceeds Two
2. By arresto mayor in its minimum and medium periods, hundred thousand pesos (P200,000);
if such value is over 200 pesos but does not exceed 1,000 2. By arresto mayor in its minimum and medium periods,
pesos; and if such value is over Forty thousand pesos (P40,000) but
3. By arresto menor or fine of not less than the value of does not exceed Two hundred thousand pesos
the damage caused and not more than 200 pesos, if the (P200,000); and
amount involved does not exceed 200 pesos or cannot be 3. By arresto menor or fine of not less than the value of
estimated. the damage caused and not more than Forty thousand
pesos (P40,000), if the amount involved does not exceed
Forty thousand pesos (P40,000) or cannot be estimated.

89
Article 331. Destroying or damaging statues, public Article 331. Destroying or damaging statues, public
monuments or paintings. - Any person who shall destroy monuments or paintings. - Any person who shall destroy
or damage statues or any other useful or ornamental or damage statues or any other useful or ornamental
public monument shall suffer the penalty of arresto public monument shall suffer the penalty of arresto
mayor in its medium period to prision correccional in its mayor in its medium period to prision correccional in its
minimum period. minimum period.
Any person who shall destroy or damage any useful or Any person who shall destroy or damage any useful or
ornamental painting of a public nature shall suffer the ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding 200 penalty of arresto menor or a fine not exceeding Forty
pesos, or both such fine and imprisonment, in the thousand pesos (P40,000), or both such fine and
discretion of the court. imprisonment, in the discretion of the court.
90
Article 347. Simulation of births, substitution of one child Article 347. Simulation of births, substitution of one child
for another and concealment or abandonment of a for another and concealment or abandonment of a
legitimate child. - The simulation of births and the legitimate child. - The simulation of births and the
substitution of one child for another shall be punished by substitution of one child for another shall be punished
prision mayor and a fine of not exceeding 1,000 pesos. by prision mayor and a fine of not exceeding Two
The same penalties shall be imposed upon any person hundred thousand pesos (P200,000).
who shall conceal or abandon any legitimate child with
intent to cause such child to lose its civil status. The same penalties shall be imposed upon any person
Any physician or surgeon or public officer who, in who shall conceal or abandon any legitimate child with
violation of the duties of his profession or office, shall intent to cause such child to lose its civil status.
cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall Any physician or surgeon or public officer who, in
suffer the penalties therein prescribed and also the violation of the duties of his profession or office, shall
penalty of temporary special disqualification. cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall
suffer the penalties therein prescribed and also the
penalty of temporary special disqualification.

91
Article 355. Libel means by writings or similar means. - A Article 355. Libel means by writings or similar means. - A
libel committed by means of writing, printing, libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any theatrical exhibition, cinematographic exhibition, or any
similar means, shall be punished by prision correccional in similar means, shall be punished by prision correccional
its minimum and medium periods or a fine ranging from in its minimum and medium periods or a fine ranging
200 to 6,000 pesos, or both, in addition to the civil action from Forty thousand pesos (P40,000) to One million two
which may be brought by the offended party. hundred thousand pesos (P1,200,000), or both, in
addition to the civil action which may be brought by the
offended party.

92
Article 356. Threatening to publish and offer to present Article 356. Threatening to publish and offer to present
such publication for a compensation. - The penalty such publication for a compensation. - The penalty
of arresto mayor or a fine from 200 to 2,000 pesos, or of arresto mayor or a fine from Forty thousand pesos
both, shall be imposed upon any person who threatens (P40,000) to Four hundred thousand pesos (P400,000),
another to publish a libel concerning him or the parents, or both, shall be imposed upon any person who
spouse, child, or other members of the family of the latter threatens another to publish a libel concerning him or
or upon anyone who shall offer to prevent the publication the parents, spouse, child, or other members of the
of such libel for a compensation or money consideration. family of the latter or upon anyone who shall offer to
prevent the publication of such libel for a compensation
or money consideration.

93
Article 357. Prohibited publication of acts referred to in Article 357. Prohibited publication of acts referred to in
the course of official proceedings. - The penalty of arresto the course of official proceedings. - The penalty
mayor or a fine of from 20 to 2,000 pesos, or both, shall of arresto mayor or a fine of from Forty thousand pesos
be imposed upon any reporter, editor or manager or a (P40,000) to Two hundred thousand pesos (P200,000),
newspaper, daily or magazine, who shall publish facts or both, shall be imposed upon any reporter, editor or
connected with the private life of another and offensive manager or a newspaper, daily or magazine, who shall
to the honor, virtue and reputation of said person, even publish facts connected with the private life of another
though said publication be made in connection with or and offensive to the honor, virtue and reputation of said
under the pretext that it is necessary in the narration of person, even though said publication be made in
any judicial or administrative proceedings wherein such connection with or under the pretext that it is necessary
facts have been mentioned. in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.

94
Article 358. Slander. - Oral defamation shall be punished Article 358. Slander. - Oral defamation shall be punished
by arresto mayor in its maximum period to prision by arresto mayor in its maximum period to prision
correccional in its minimum period if it is of a serious and correccional in its minimum period if it is of a serious and
insulting nature; otherwise the penalty shall be arresto insulting nature; otherwise the penalty shall be arresto
menor or a fine not exceeding 200 pesos. menor or a fine not exceeding Twenty thousand pesos
(P20,000).

95
Article 359. Slander by deed. - The penalty of arresto Article 359. Slander by deed. - The penalty of arresto
mayor in its maximum period to prision correccional in its mayor in its maximum period to prision correccional in
minimum period or a fine ranging from 200 to 1,000 pesos its minimum period or a fine ranging from Twenty
shall be imposed upon any person who shall perform any thousand pesos (P20,000) to One hundred thousand
act not included and punished in this title, which shall cast pesos (P100,000) shall be imposed upon any person who
dishonor, discredit or contempt upon another person. If shall perform any act not included and punished in this
said act is not of a serious nature, the penalty shall title, which shall cast dishonor, discredit or contempt
be arresto menor or a fine not exceeding 200 pesos. upon another person. If said act is not of a serious
nature, the penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos (P20,000).

96
Article 364. Intriguing against honor. - The penalty Article 364. Intriguing against honor. - The penalty
of arresto menor or fine not exceeding 200 pesos shall be of arresto menor or fine not exceeding Twenty thousand
imposed for any intrigue which has for its principal pesos (P20,000) shall be imposed for any intrigue which
purpose to blemish the honor or reputation of a person. has for its principal purpose to blemish the honor or
reputation of a person.

97
Article 365. Imprudence and negligence. - Any person Article 365. Imprudence and negligence. - Any person
who, by reckless imprudence, shall commit any act which, who, by reckless imprudence, shall commit any act
had it been intentional, would constitute a grave felony, which, had it been intentional, would constitute a grave
shall suffer the penalty of arresto mayor in its maximum felony, shall suffer the penalty of arresto mayor in its
period to prision correccional in its medium period; if it maximum period to prision correccional in its medium
would have constituted a less grave felony, the penalty period; if it would have constituted a less grave felony,
of arresto mayor in its minimum and medium periods the penalty of arresto mayor in its minimum and
shall be imposed; if it would have constituted a light medium periods shall be imposed; if it would have
felony, the penalty of arresto menor in its maximum constituted a light felony, the penalty of arresto
period shall be imposed. menor in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence,
shall commit an act which would otherwise constitute a Any person who, by simple imprudence or negligence,
grave felony, shall suffer the penalty of arresto mayor in shall commit an act which would otherwise constitute a
its medium and maximum periods; if it would have grave felony, shall suffer the penalty of arresto mayor in
constituted a less serious felony, the penalty of arresto its medium and maximum periods; if it would have
mayor in its minimum period shall be imposed. constituted a less serious felony, the penalty of arresto
When the execution of the act covered by this article shall mayor in its minimum period shall be imposed.
have only resulted in damage to the property of another,
the offender shall be punished by a fine ranging from an When the execution of the act covered by this article
amount equal to the value of said damages to three times shall have only resulted in damage to the property of
such value, but which shall in no case be less than twenty- another, the offender shall be punished by a fine ranging
five pesos. from an amount equal to the value of said damages to
A fine not exceeding two hundred pesos and censure shall three times such value, but which shall in no case be less
be imposed upon any person who, by simple imprudence than Five thousand pesos (P5,000).
or negligence, shall cause some wrong which, if done
maliciously, would have constituted a light felony. A fine not exceeding Forty thousand pesos (P40,000) and
In the imposition of these penalties, the court shall censure shall be imposed upon any person who, by
exercise their sound discretion, without regard to the simple imprudence or negligence, shall cause some
rules prescribed in Article sixty-four. wrong which, if done maliciously, would have
The provisions contained in this article shall not be constituted a light felony.
applicable:
1. When the penalty provided for the offense is equal to In the imposition of these penalties, the court shall
or lower than those provided in the first two paragraphs exercise their sound discretion, without regard to the
of this article, in which case the court shall impose the rules prescribed in Article sixty-four.
penalty next lower in degree than that which should be
imposed in the period which they may deem proper to The provisions contained in this article shall not be
apply. applicable:
2. When, by imprudence or negligence and with violation 1. When the penalty provided for the offense is equal to
of the Automobile Law, to death of a person shall be or lower than those provided in the first two paragraphs
caused, in which case the defendant shall be punished by of this article, in which case the court shall impose the
prision correccional in its medium and maximum periods. penalty next lower in degree than that which should be
Reckless imprudence consists in voluntary, but without imposed in the period which they may deem proper to
malice, doing or falling to do an act from which material apply.
damage results by reason of inexcusable lack of 2. When, by imprudence or negligence and with
precaution on the part of the person performing of failing violation of the Automobile Law, to death of a person
to perform such act, taking into consideration his shall be caused, in which case the defendant shall be
employment or occupation, degree of intelligence, punished by prision correccional in its medium and
physical condition and other circumstances regarding maximum periods.
persons, time and place. Reckless imprudence consists in voluntary, but without
Simple imprudence consists in the lack of precaution malice, doing or falling to do an act from which material
displayed in those cases in which the damage impending damage results by reason of inexcusable lack of
to be caused is not immediate nor the danger clearly precaution on the part of the person performing of
manifest. failing to perform such act, taking into consideration his
The penalty next higher in degree to those provided for in employment or occupation, degree of intelligence,
this article shall be imposed upon the offender who fails physical condition and other circumstances regarding
to lend on the spot to the injured parties such help as may persons, time and place.
be in this hand to give. (As amended by R.A. 1790,
approved June 21, 1957). Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending
to be caused is not immediate nor the danger clearly
manifest.

The penalty next higher in degree to those provided for


in this article shall be imposed upon the offender who
fails to lend on the spot to the injured parties such help
as may be in this hand to give. (As amended by R.A. 1790,
approved June 21, 1957).

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