Article 169. Section Two. Execution of deeds by means of violence or intimidation. Challenging to a duel. Article 156. 871, approved May 29, 1985). Suspension of the execution of the death sentence. Book 1: General Provisions Regarding The Date Of Enforcement And Application Of The Provisions Of This Code, And Regarding The Offenses, The Persons Liable And The Penalties. Article 193. Removal, sale or pledge of mortgaged property. Article 244. - Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE, ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP, Section One. Article 25. - The following are aggravating circumstances: 1. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. 4. Direct bribery. - The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Article 38. Obligation to make restitution in certain cases. When and how a penalty is to be executed. 17. Section Three. Period of preventive imprisonment deducted from term of imprisonment. 3. - 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. Article 134-A. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; 4. (As amended by R.A. 6968). Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (b) The robbery be committed under any of the following circumstances: 1. From 14 years, 8 months and 1 day to 17 years and 4 months. - The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon: 1. The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos. If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said persons are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 11. Article 64. Altering boundaries or landmarks. A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification. That the evil sought to be avoided actually exists; Second. - Falsification of medical certificates, certificates of merit or services and the like. No. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. - When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed: 1. Chapter FourCIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY. Back to reading. moran 67 and 1 reyes, the revised penal code, book 1, 755-56 (1965).. Jose Benedicto Luna Reyes (August 19, 1902 – December 27, 1994) was a noted Filipino jurist ... 1 … Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. Civil interdiction, 873, June 12, 1985). Definition of a band and penalty incurred by the members thereof. Article 263. Article 157. Article 26. Article 350. — Treason and espionage Art. - Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten centavo denomination or above. Definitions. Prision correccional in its maximum period to prision mayor in its medium period. Chapter EightARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS. By profiting themselves or assisting the offender to profit by the effects of the crime. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. Consummated, frustrated, and attempted felonies. Coup d'etat; How committed. - The following are criminally liable for grave and less grave felonies: The following are criminally liable for light felonies: Article 17. Article 326. - Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or both. i dont know how to open the book of this app, See all 25 questions about The Revised Penal Code…, Go For the Right Criminal Defense Attorney NJ, Goodreads Members Suggest: Favorite Winter Reads. Article 69. 2nd. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive. Abortion practiced by the woman herself of by her parents. What is included in civil liability. This is probably one of the most exhaustive books that you will read in law school. Penalty to be imposed upon accessories of an attempted crime. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government; 2. - The following are vagrants: 1. Article 124. - Anticipation, prolongation and abandonment of the duties and powers of public office. The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional. Article 223. - When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. Occupation of real property or usurpation of real rights in property. Pardon; its effect. - The penalty of prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers. No. In consideration of a price, reward, or promise. Whenever they have seized a vessel by boarding or firing upon the same; 2. 2. Article 118. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos. If other means are used, the penalty of arresto mayor shall be imposed. (c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. 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. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. Machinations in public auctions. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable. Article 159. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. Espionage. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos. Qualified theft. Prescription of crime. 5. 4. Using false certificates. - The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. 7. Article 352. When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period. 2. 4. Reyes RPC Book 1. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behaviour. If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination. - The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age. Article 285. Article 168. - Effects of the penalties according to their respective nature. - Execution of principal penalties. - Machinations, monopolies and combinations. - Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. - Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. That there be no other practical and less harmful means of preventing it. - the following are exempt from criminal liability: 1. Article 61. - The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. Article 268. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. - Usurpation of powers and unlawful appointments. - If death resulted as a consequence of arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles, the court shall impose the death penalty. - Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100 pesos, or both. 92). The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. - Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. Definition of libel. 0 Reviews. 44, May 31, 1945). - The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. - The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. - Robbery by the use of force upon things. 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