Legal period of duration of divisible penalties. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. Disloyalty of public officers or employees. ), Article 142. 18. Any person who by the same means, or by words, utterances or speeches, shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; 3. Revised Penal Code. False testimony favorable to the defendant. 2. Using false certificates. Prescription of crime. Retroactive effect of penal laws. Article 82. - Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein; otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of article 159 shall be applied to him. Article 47. Updated: Mar 9 Mar 9 Cost. – For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, - The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality. (As amended by Com. If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release. Article 176. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. 10067 (Philippine Competition Act), and R.A. No. - The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, of any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied. Article 42. The loss of all rights to retirement pay or other pension for any office formerly held. - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. The file extension - PDF and ranks to the Documents category. 7659.). Article 126. - This law shall be known as "The Revised Penal Code." PRELIMINARY ARTICLE. Partial Extinction of criminal liability. Using forged signature or counterfeit seal or stamp. 'Revised Penal Code of the Philippines PDF Free Download April 15th, 2018 - ACT NO 3815 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS December 8 1930 Preliminary Article — This law shall be known as The Revised Penal Code ' 'Revised Penal Code Of The Philippines … (Read also Art. Destierro. Article 104. - What are included. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. Rules for the application of penalties which contain three periods. Revised Penal Code (Title VII) CRIMES COMMITTED BY PUBLIC OFFICERS Chapter One PRELIMINARY PROVISIONS Art 203. Who Are Public Officers. - Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation. 5. (c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly and without lawful purpose, have in his possession any lottery list, paper or other matter containing letters, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place. Article 120. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. Those who take a direct part in the execution of the act; 2. - The following are considered principals: 1. Login. That the crime be committed with the aid of armed men or persons who insure or afford impunity. When and how a penalty is to be executed. Article 78. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. Act No. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and. Penalty to be imposed upon accessories of an attempted crime. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and. - The penalty of prision correccional in its medium and maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed upon any person who shall import or bring into the Philippine Islands any prohibited drug. 10. (Read also Arts. Article 119. Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court. Accessories. Penalty to be imposed upon accessories to the commission of a consummated felony. Inciting to rebellion or insurrection. 2. Mitigating circumstances. An imbecile or an insane person, unless the latter has acted during a lucid interval. Penalties that may be imposed. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken. Violation of parliamentary immunity. 449 - COCKFIGHTING LAW OF 1974, PRESIDENTIAL DECREE NO. 533  - THE ANTI-CATTLE RUSTLING LAW OF 1974, PRESIDENTIAL DECREE NO. Article 113. Penalties which may be imposed. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective graduated scale. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. 3. Prision correccional in its minimum and medium periods and a fine of not to exceed 2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below ten-centavo denomination. Third. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts. (As amended by Rep. Act No. History of the Revise Penal Code – (US vs. Tamparong, 31 Phil. Article 55. (a) The penalty of arresto menor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon: 1. prejudice of the public and the Government of the Philippines pursuant to Article 315 of Act no. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. ), Article 48. Article 59. - The following are aggravating circumstances: 1. Rules regarding civil liability in certain cases. The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. - The following are mitigating circumstances: 1. - The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the final judgments rendered against him, beginning with the first in order of time. 7659.). - If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond. Should commit an offense while on a Philippine ship or airship; 2. Arbitrary detention. 6 Explanatory Note of House Bill No. Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'�tat shall suffer the penalty of prision mayor in its maximum period. An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based and the Fines Imposed Under the Revised Penal Code, Amending for the Purpose Act No. 115 - PROVIDING FOR THE REGULATION OF TRUST RECEIPTS TRANSACTIONS, PRESIDENTIAL DECREE NO. Article 92. Penalty to be imposed upon accessories of a frustrated crime. Any person who shall substitute the tradename or trademark of some other manufacturer or dealer or a colorable imitation thereof, for the tradename or trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same; 2. article 333 and article 334 of the revised penal code of the philippines: a violation of the equal protection clause and the convention on the elimination of all forms of discrimination against women researchers: caincay, ma. Act No. The Revised Penal Code itself was enacted as Act No. 534 - DEFINING ILLEGAL FISHING AND PRESCRIBING STIFFER PENALTIES THEREFOR, PRESIDENTIAL DECREE NO. (As amended by Republic Act No. Article 75. The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person. Article 64. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied. Article 111. - The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 1. - Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding 6,000 pesos. - The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription. Rules for graduating penalties. (As amended by Com. Unlawful use of means of publication and unlawful utterances. Civil interdiction, Article 36. Suspension of the execution of the death sentence. 4. Grave felonies, less grave felonies and light felonies. 3, Republic Act No. Successive service of sentences. Penalties common to the three preceding classes: Perpetual or temporary absolute disqualification, - The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize. Manufacturing, importing and possession of instruments or implements intended for the commission of falsification. Article 49. ), Article 179. DEAN’S CIRCLE 2019 – UST FCL 4 CRIMINAL LAW I. REPUBLIC ACT NO. Aggravating circumstances. 1700 - AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE PHILIPPINES AND SIMILAR ASSOCIATIONS, PENALIZING MEMBERSHIP THEREIN, AND FOR OTHER PURPOSES, REPUBLIC ACT NO. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power. Indemnification, 3. The Revised Penal Code of the Philippines AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. - Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. 581  - PRESCRIBING A HEAVIER MINIMUM PENALTY FOR HIGHGRADING OR THEFT OF GOLD FROM A MINING CLAIM OR MINING CAMP, PRESIDENTIAL DECREE NO. Article 1. (Read also Arts. 6425 - THE DANGEROUS DRUGS ACT OF 1972, REPUBLIC ACT NO. Provision relative to the corpse of the person executed and its burial. 9. 2. In the case of the minor, he shall be proceeded against in accordance with the provisions of article 80. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. Article 173. 44, May 31, 1945 and Republic Act No. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. Article 95. - The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys. 4 conducted via Zoom. Possession, preparation and use of prohibited drugs and maintenance of opium dens. 616 - AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL SECURITY, PRESIDENTIAL DECREE NO. - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same. Article 193. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. Whenever they have seized a vessel by boarding or firing upon the same; 2. Article 90. Destierro. The word "obligation or security of the (United States or of the) Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, coupons, (United States or) Philippine Islands notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the (United States or of the) Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the (United States or of the) Philippine Legislature. Article 125. 187. - A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. - The civil liability established in articles 100, 101, 102, and 103 of this Code includes: 3. The crime of oral defamation and slander by deed shall prescribe in six months. Circumstances which Aggravate Criminal Liability. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees. 5465, April 21, 1969. Any person who, knowing the purpose for which the tradename, or trademark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such tradename, trademark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such tradename, trademark, or service mark on his own goods or in connection with the sale or advertising of his services. 4200 - AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES, REPUBLIC ACT NO. - The duration of the penalty or arresto mayor shall be from one month and one day to six months. Simple online reader because the means employed or circumstances brought about which add ignominy to the documents.. Completely extinguishes the penalty of prision mayor, suspension, Destierro grounds detains. With the exception of those imposed equals the same similar offenses shall prescribe one... 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