The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. Article 125. Any person who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned in the preceding paragraph, shall suffer the penalty next lower in degree than that provided therein. Article 181. It is not the fact that the decision was reversed on appeal which brings about the crime but proof of the ill motive. Article 306. Who are brigands; Penalty. It was more important than it is now, because consumer products were less sophisticated. Any public officer who shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulations or special provisions applicable to the case, shall suffer the penalties of prisin correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos. PRESIDENTIAL DECREE NO. Article 94. Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall 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. 3019 - THE ANTI-GRAFT AND CORRUPT PRACTICES ACT, REPUBLIC ACT NO. (a) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos; (b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6,000 pesos; (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire and the damage caused exceeds 6,000 pesos; and. Survey of State Prison Inmates. Justifying Circumstances. ARTICLE 97. ARTICLE 56. That the act be committed with treachery (alevosia). 19. (a) If the building burned is a public building and the value of the damage caused exceeds 6,000 pesos; (b) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos. - Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Atty. There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; 4. But reclusion temporal is a divisible penalty consisting of maximum, medium and minimum periods. If the entrance has been effected through any opening not intended for entrance or egress. Search warrants maliciously obtained and abuse in the service of those legally obtained. Knowingly Rendering Unjust Judgment. ARTICLE 51. ARTICLE 131. The duration of the penalty or arresto mayor shall be from one month and one day to six months. 25 of this Code. ARTICLE 144. - The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50. 187). - The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed on 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. The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open. 10175, otherwise known . That the crime be committed after an unlawful entry. (b) Grain fields, pasture lands, forests, or plantings. The penalty of prisin correccional in its minimum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true genuine document. The same penalty shall be imposed upon any person who shall make such tools. Article 366. 2. ARTICLE 87. Article 283. Article 57. ARTICLE 289. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. The following are considered principals: 1. 2. Machinations, Monopolies, and Combinations. Illegal betting on horse race. Prolonging Performance of Duties and Powers. Under Article 353 of the Philippines Revised Penal Code, libel is defined as "a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead." Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the Government. Penalties in Which Other Accessory Penalties are Inherent. Grave Scandal. If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim. - No felony shall be punishable by any penalty not prescribed by law prior to its commission. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 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. Interrupting or disturbing endanger the public order, or helps the escape of judgment, and is public performances, or cause damage to the 2. Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him. A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisin correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. ARTICLE 37. ARTICLE 367. - The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. Forcible abduction. Reclusion perpetua. Suspension from public office, the right to vote and be voted for, the profession or calling. Partial Extinction of Criminal Liability. 2. 2. - In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro. ARTICLE 134. By reclusin temporal or reclusin perpetua, if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons. Long Title. AN ACT TO ABOLISH THE PENALTY OF IMPRISONMENT IN LIBEL CASES, AMENDING FOR THE PURPOSE ARTICLES 355, 356, 357 AND 360 OF ACT NO. Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prisin correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prisin correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos shall be imposed. The crime of slight physical injuries shall be punished: 1. The crime of libel or other similar offenses shall prescribe in two years. ARTICLE 239. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required. Article 12. The court shall determine, according to its discretion, the period of duration of the bond. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied. By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any penalty. - Robbery by the use of force upon things. Code 1620 (West, Westlaw through 2012 portion of 2011-2012 Reg. 5. Attempted and frustrated robbery committed under certain circumstances. Article 282 of the Revised Penal Code states: "Art. Refusal to Discharge Elective Office. 3. Article 15. - The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. (As amended by E.O. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. ARTICLE 100. The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who, except during the periods allowed by law, shall bet on horse races. Conniving with or consenting to evasion. 2. If the entrance has been effected through the use of false keys, picklocks or other similar tools. Any public officer who shall apply any public fund or property under his administration to any public use other than that for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prisin correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damage or embarrassment shall have resulted to the public service. The penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon: 1. Whenever the pirates have abandoned their victims without means of saving themselves; or. Article 25. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have become disqualified from taking part in the consideration of the case, in which event the unanimous vote and signature of only the remaining justices shall be required. Prohibition, interruption and dissolution of peaceful meetings. 7. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. 80. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance storehouse, archives or general museum of the government. - The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos. - No penalty shall be executed except by virtue of a final judgment. Immoral Doctrines, Obscene Publications and Exhibitions. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: 2. Reclusion temporal, The penalty of prisin correccional in its medium period to prisin mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who: 1. The penalty of prisin mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest. Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. ARTICLE 345. Other forms of swindling. That sufficient provocation or threat on the part of the offended party immediately preceded the act. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40. (d) By post-dating a check, or issuing such check in payment of an obligation, the offender knowing that at the time he had no funds in the bank, or the funds deposited by him in the bank were not sufficient to cover the amount of the check, and without informing the payee of such circumstances. The fine shall be considered as the last of all the principal penalties listed in the preceding article. - The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. Article 196. 2. - Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. In an inhabited place, any storehouse or factory of inflammable or explosive materials. The penalty of prisin correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was theretofore habitually engaged; 3. Contact numbers/Trunk lines:8734-74-20 | 8734-59-66 Local 134. - 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. In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet. Article 344. When and How the Death Penalty is to Be Executed. Prohibited drug, as used herein, includes opium, cocaine, alpha and beta eucaine, their derivatives, and all preparations made from them or any of them. ARTICLE 205. Betting in Sports Contests. Section One. ARTICLE 149. ARTICLE 283. In every case to support the offspring. 2. Illegal use of uniforms or insignia. Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense Penalty. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days; 3. - The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. Adultery shall be punished by prision correccional in its medium and maximum periods. ARTICLE 147. 4. Penalty to be imposed upon principals of attempted crimes. Using False Certificates. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. ARTICLE 206. 3. Article 227. Act No. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Article 256. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. 3. Any public officer or employee who, without legal grounds, detains a person, shall suffer: 1. The penalty provided in the next preceding article shall be imposed upon any person who, in unfair competition and for the purpose of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either in the wrapping of the packages in which they are contained, or the device or words thereon, or in any other feature of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer, or shall give other persons a chance or opportunity to do the same with a like purpose. 2. Deprivation of rights and the reparations which the civil laws may establish in penal form. This is why you remain in the best website to look the . Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos. Rule in cases in which the penalty is not composed of three periods. Offending the Religious Feelings. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing. Importation, sale and possession of lottery tickets or advertisements. 3. Article 27. No. Application of laws enacted prior to this Code. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. 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. Proof of the Truth. That the crime be committed in contempt of or with insult to the public authorities. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. Article 275. Article 121. Article 92. 58, series of 1900, section 106. 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. Conspiracy and Proposal to Commit Rebellion or Insurrection. 5. By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50 pesos; 2. Principals. Any person guilty of arson or causing great destruction of property belonging to another shall suffer the penalties prescribed in this chapter, even though he shall have set fire to or destroyed his own property for the purpose of committing the crime. Conspiracy and Proposal to Commit Treason Penalty. 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. Escape of Prisoner Under the Custody of a Person Not a Public Officer. Article 319. Penalty to be imposed upon accomplices in an attempted crime. Article 353. There are three steps to help determining sentencing. Incriminating innocent person. ARTICLE 141. 3. Revelation of secrets by an officer. You did not find a murder weapon, so it will be a tough case to prove he murdered her. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Act 2381, sections 2, 3, 4, 5, 6, 8, and 9. (As amended by PD Nos. Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. - In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. 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. Article 51. Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. 5. 1613 - AMENDING THE LAW ON ARSON, REPUBLIC ACT NO. 3. - Consummated felonies as well as those which are frustrated and attempted, are punishable. Slander by deed. Grave felonies, less grave felonies and light felonies. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. ARTICLE 202. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Article 82. Serious Physical Injuries. 3. From 6 months and 1 day to 2 years and 4 months. - Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. ARTICLE 217. - The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods. Article 145. The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit. 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. 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