THE REVISED PENAL CODE
ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
Preliminary Article. — This law shall be known as "The
Revised Penal Code."
Provisions Regarding the Date of Enforcement and Application of
the Provisions of this Code, and Regarding the Offenses, the Persons
Liable and the Penalties.
of Effectiveness and Application of the Provisions of this Code
1. Time when Act takes effect. — This Code shall take effect
on the first day of January, nineteen hundred and thirty-two.
2. Application of its provisions. — Except as provided in
the treaties and laws of preferential application, the provisions
of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who:
Should commit an offense while on a Philippine ship or airship;
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. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
While being public officers or employees, should commit an offense
in the exercise of their functions; or
Should commit any of the crimes against national security and the
law of nations, defined in Title One of Book Two of this Code.
Felonies and Circumstances which Affect Criminal Liability
3. Definition. — Acts and omissions punishable by law are
are committed not only by means of deceit (dolo) but also by means
of fault (culpa).
is deceit when the act is performed with deliberate intent; and
there is fault when the wrongful act results from imprudence, negligence,
lack of foresight, or lack of skill.
4. Criminal liability. — Criminal liability shall be incurred:
By any person committing a felony (delito) although the wrongful
act done be different from that which he intended.
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.
5. Duty of the court in connection with acts which should be repressed
but which are not covered by the law, and in cases of excessive
penalties. — 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.
the same way the court shall submit to the Chief Executive, through
the Department of Justice, such statement as may be deemed proper,
without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the imposition
of a clearly excessive penalty, taking into consideration the degree
of malice and the injury caused by the offense.
6. Consummated, frustrated, and attempted felonies. — Consummated
felonies as well as those which are frustrated and attempted, are
felony is consummated when all the elements necessary for its execution
and accomplishment are present; and it is frustrated when the offender
performs all the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not produce it by reason
of causes independent of the will of the perpetrator.
is an attempt when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
7. When light felonies are punishable. — Light felonies are
punishable only when they have been consummated, with the exception
of those committed against person or property.
8. Conspiracy and proposal to commit felony. — Conspiracy
and proposal to commit felony are punishable only in the cases in
which the law specially provides a penalty therefor.
conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
is proposal when the person who has decided to commit a felony proposes
its execution to some other person or persons.
9. Grave felonies, less grave felonies and light felonies. —
Grave felonies are those to which the law attaches the capital punishment
or penalties which in any of their periods are afflictive, in accordance
with article 25 of this Code.
grave felonies are those which the law punishes with penalties which
in their maximum period are correctional, in accordance with the
felonies are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos or
both, is provided.
10. Offenses not subject to the provisions of this Code. —
Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall
be supplementary to such laws, unless the latter should specially
provide the contrary.
Justifying Circumstances and Circumstances which Exempt from Criminal
11. Justifying circumstances. — The following do not incur
any criminal liability:
Anyone who acts in defense of his person or rights, provided that
the following circumstances concur;
Reasonable necessity of the means employed to prevent or repel it;
Lack of sufficient provocation on the part of the person defending
Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers
or sisters, or of his relatives by affinity in the same degrees,
and those by consanguinity within the fourth civil degree, provided
that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the
provocation was given by the person attacked, that the one making
defense had no part therein.
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.
Any person who, in order to avoid an evil or injury, does an act
which causes damage to another, provided that the following requisites
That the evil sought to be avoided actual exists;
That the injury feared be greater than that done to avoid it;
That there be no other practical and less harmful means of preventing
Any person who acts in the fulfillment of a duty or in the lawful
exercise of a right or office.
Any person who acts in obedience to an order issued by a superior
for some lawful purpose.
12. Circumstances which exempt from criminal liability. —
The following are exempt from criminal liability:
An imbecile or an insane person, unless the latter has acted during
a lucid interval.
When the imbecile or an insane person has committed an act which
the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for persons
thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
A person under nine years of age.
A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be proceeded
against in accordance with the provisions of article 80 of this
such minor is adjudged to be criminally irresponsible, the court,
in conformity with the provisions of this and the preceding paragraph,
shall commit him to the care and custody of his family who shall
be charged with his surveillance and education; otherwise, he shall
be committed to the care of some institution or person mentioned
in said article 80.
Any person who, while performing a lawful act with due care, causes
an injury by mere accident without fault or intention of causing
Any person who acts under the compulsion of irresistible force.
Any person who acts under the impulse of an uncontrollable fear
of an equal or greater injury.
Any person who fails to perform an act required by law, when prevented
by some lawful insuperable cause.
Circumstances which Mitigate Criminal Liability
13. Mitigating circumstances. — The following are mitigating
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.
That the offender is under eighteen years of age or over seventy
years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of article 80.
That the offender had no intention to commit so grave a wrong as
That sufficient provocation or threat on the part of the offended
party immediately preceded the act.
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.
That of having acted upon an impulse so powerful as naturally to
have produced passion or obfuscation.
That the offender had voluntarily surrendered himself to a person
in authority or his agents, or that he had voluntarily confessed
his guilt before the court prior to the presentation of the evidence
for the prosecution.
That the offender is deaf and dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action, defense,
or communication with his fellow beings.
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.
And, finally, any other circumstance of a similar nature and analogous
to those above mentioned.
Circumstances which Aggravate Criminal Liability
14. Aggravating circumstances. — The following are aggravating
That advantage be taken by the offender of his public position.
That the crime be committed in contempt of or with insult to the
That the act be committed with insult or in disregard of the respect
due to the offended party on account of his rank, age, or sex, or
that it be committed in the dwelling of the offended party, if the
latter has not given provocation.
That the act be committed with abuse of confidence or obvious ungratefulness.
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
That the crime be committed in the nighttime, or in an uninhabited
place, or by a band, whenever such circumstances may facilitate
the commission of the offense.
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.
That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic, or other calamity or misfortune.
That the crime be committed with the aid of armed men or persons
who insure or afford impunity.
That the accused is a recidivist.
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.
That the offender has been previously punished for an offense to
which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward,
That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin.
That the act be committed with evident premeditation.
That craft, fraud, or disguise be employed.
That advantage be taken of superior strength, or means be employed
to weaken the defense.
That the act be committed with treachery (alevosia).
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.
That means be employed or circumstances brought about which add
ignominy to the natural effects of the act.
That the crime be committed after an unlawful entry.
is an unlawful entry when an entrance is effected by a way not intended
for the purpose.
19. That as a means to the commission of a crime a wall, roof, floor,
door, or window be broken.
That the crime be committed with the aid of persons under fifteen
years of age or by means of motor vehicles, motorized watercraft,
airships, or other similar means. (As amended by Rep. Act No. 5438,
approved Sept. 9, 1968.)
That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission.
15. Their concept. — Alternative circumstances are those which
must be taken into consideration as aggravating or mitigating according
to the nature and effects of the crime and the other conditions
attending its commission. They are the relationship, intoxication
and the degree of instruction and education of the offender.
alternative circumstance of relationship shall be taken into consideration
when the offended party is the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by affinity in
the same degrees of the offender.
intoxication of the offender shall be taken into consideration as
a mitigating circumstance when the offender has committed a felony
in a state of intoxication, if the same is not habitual or subsequent
to the plan to commit said felony; but when the intoxication is
habitual or intentional, it shall be considered as an aggravating
Persons Criminally Liable for Felonies
16. Who are criminally liable. — The following are criminally
liable for grave and less grave felonies:
following are criminally liable for light felonies:
17. Principals. — The following are considered principals:
Those who take a direct part in the execution of the act;
Those who directly force or induce others to commit it;
Those who cooperate in the commission of the offense by another
act without which it would not have been accomplished.
18. Accomplices. — Accomplices are those persons who, not
being included in article 17, cooperate in the execution of the
offense by previous or simultaneous acts.
19. Accessories. — 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:
By profiting themselves or assisting the offender to profit by the
effects of the crime.
By concealing or destroying the body of the crime, or the effects
or instruments thereof, in order to prevent its discovery.
By harboring, concealing, or assisting in the escape of the principal
of the crime, provided the accessory acts with abuse of his public
functions or whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some other crime.
20. Accessories who are exempt from criminal liability. —
The penalties prescribed for accessories shall not be imposed upon
those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives
by affinity within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of the
next preceding article.
Penalties in General
21. Penalties that may be imposed. — No felony shall be punishable
by any penalty not prescribed by law prior to its commission.
22. Retroactive effect of penal laws. — Penal laws shall have
a retroactive effect insofar as they favor the person guilty of
a felony, who is not a habitual criminal, as this term is defined
in rule 5 of article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and
the convict is serving the same.
23. Effect of pardon by the offended party. — A pardon by
the offended party does not extinguish criminal action except as
provided in article 344 of this Code; but civil liability with regard
to the interest of the injured party is extinguished by his express
waiver. (Read also Art. 36)
24. Measures of prevention or safety which are not considered penalties.
— The following shall not be considered as penalties:
The arrest and temporary detention of accused persons, as well as
their detention by reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
The commitment of a minor to any of the institutions mentioned in
article 80 and for the purposes specified therein.
Suspension from the employment or public office during the trial
or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of
their administrative disciplinary powers, superior officials may
impose upon their subordinates.
Deprivation of rights and reparations which the civil law may establish
in penal form.
Classification of Penalties
25. Penalties which may be imposed. — The penalties which
may be imposed according to this Code, and their different classes,
are those included in the following:
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
common to the three preceding classes:
Bond to keep the peace.
or temporary absolute disqualification,
or temporary special disqualification,
from public office, the right to vote and be voted for, the
profession or calling.
or confiscation of instruments and proceeds of the offense,
26. Fine — When afflictive, correctional, or light penalty.
— A fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos; and a light penalty if it
be less than 200 pesos.
Duration and Effect of Penalties
Duration of penalties
ARTICLE 27. Reclusion perpetua. — The penalty of reclusion
perpetua shall be from twenty years and one day to forty years.
temporal. — The penalty of reclusion temporal shall be from
twelve years and one day to twenty years.
mayor and temporary disqualification. — 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.
correccional, suspension, and destierro. — The duration of
the penalties of prision correccional, suspension and destierro
shall be from six months and one day to six years, except when suspension
is imposed as an accessory penalty, in which case, its duration
shall be that of the principal penalty.
mayor. — The duration of the penalty or arresto mayor shall
be from one month and one day to six months.
menor. — The duration of the penalty of arresto menor shall
be from one day to thirty days.
to keep the peace. — The bond to keep the peace shall be required
to cover such period of time as the court may determine. (As amended
by Section 21, Republic Act No. 7659.)
28. Computation of penalties. — If the offender shall be in
prison, the term of the duration of the temporary penalties shall
be computed from the day on which the judgment of conviction shall
have become final.
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. The duration of
the other penalties shall be computed only from the day on which
the defendant commences to serve his sentence.
29. Period of preventive imprisonment deducted from term of imprisonment.
— Offenders or accused who have undergone preventive imprisonment
shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have
undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:
When they are recidivists, or have been convicted previously twice
or more times of any crime; and
When upon being summoned for the execution of their sentence they
have failed to surrender voluntarily.
the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall be credited in
the service of his sentence with four-fifths of the time during
which he has undergone preventive imprisonment. (As amended by Republic
Act No. 6127, June 17, 1970).
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 case the maximum penalty to which the accused may
be sentenced is destierro, he shall be released after thirty (30)
days of preventive imprisonment. (As amended by Republic Act No.
6127, and further amended by E.O. No. 214, prom. July 10, 1987.)
Effects of the penalties according to
their respective nature
30. Effects of the penalties of perpetual or temporary absolute
disqualification. — The penalties of perpetual or temporary
absolute disqualification for public office shall produce the following
The deprivation of the public offices and employments which the
offender may have held even if conferred by popular election.
The deprivation of the right to vote in any election for any popular
elective office or to be elected to such office.
The disqualification for the offices or public employments and for
the exercise of any of the rights mentioned.
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.
The loss of all rights to retirement pay or other pension for any
office formerly held.
ARTICLE 31. Effect of the penalties of perpetual or temporary special
disqualification. — The penalties of perpetual or temporary
special disqualification for public office, profession or calling
shall produce the following effects:
The deprivation of the office, employment, profession or calling
The disqualification for holding similar offices or employments
either perpetually or during the term of the sentence, according
to the extent of such disqualification.
32. Effects of the penalties of perpetual or temporary special disqualification
for the exercise of the right of suffrage. — The perpetual
or temporary special disqualification for the exercise of the right
of suffrage shall deprive the offender perpetually or during the
term of the sentence, according to the nature of said penalty, of
the right to vote in any popular election for any public office
or to be elected to such office. Moreover, the offender shall not
be permitted to hold any public office during the period of his
33. Effects of the penalties of suspension from any public office,
profession or calling, or the right of suffrage. — The suspension
from public office, profession or calling, and the exercise of the
right of suffrage shall disqualify the offender from holding such
office or exercising such profession or calling or right of suffrage
during the term of the sentence.
person suspended from holding public office shall not hold another
having similar functions during the period of his suspension.
34. Civil interdiction. — Civil interdiction shall deprive
the offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property
of any ward, of marital authority, of the right to manage his property
and of the right to dispose of such property by any act or any conveyance
35. Effects of bond to keep the peace. — It shall be the duty
of any person sentenced to give bond to keep the peace, to present
two sufficient sureties who shall undertake that such person will
not commit the offense sought to be prevented, and that in case
such offense be committed they will pay the amount determined by
the court in its judgment, or otherwise to deposit such amount in
the office of the clerk of the court to guarantee said undertaking.
court shall determine, according to its discretion, the period of
duration of the bond. (Read also Art. 284)
the person sentenced fail to give the bond as required he shall
be detained for a period which shall in no case exceed six months,
if he shall have prosecuted for a grave or less grave felony, and
shall not exceed thirty days, if for a light felony.
36. Pardon; its effect. — A pardon shall not work the restoration
of the right to hold public office, or the right of suffrage, unless
such rights be expressly restored by the terms of the pardon.
pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence.
37. Cost. — What are included. — 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.
38. Pecuniary liabilities. — Order of payment. — 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:
The reparation of the damage caused.
Indemnification of consequential damages.
The costs of the proceedings.
39. Subsidiary penalty. — If the convict has no property with
which to meet the fine mentioned in paragraph 3 of the next preceding
article, he shall be subject to a subsidiary personal liability
at the rate of one day for each eight pesos, subject to the following
If the principal penalty imposed be prision correccional or arresto
and fine, he shall remain under confinement until his fine referred
in the preceding paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence, and in no
case shall it continue for more than one year, and no fraction or
part of a day shall be counted against the prisoner.
When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall have
been prosecuted for a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony.
When the principal penalty imposed is higher than prision correccional
no subsidiary imprisonment shall be imposed upon the culprit.
If the principal penalty imposed is not to be executed by confinement
in a penal institution, but such penalty is of fixed duration, the
convict, during the period of time established in the preceding
rules, shall continue to suffer the same deprivation as those of
which the principal penalty consists.
The subsidiary personal liability which the convict may have suffered
by reason of his insolvency shall not relieve him from the fine
in case his financial circumstances should improve. (As amended
by Republic Act No. 5465, April 21, 1969.)
Penalties in which other accessory
penalties are inherent
40. Death — Its accessory penalties. — The death penalty,
when it is not executed by reason of commutation or pardon shall
carry with it that of perpetual absolute disqualification and that
of civil interdiction during thirty years following the date of
sentence, unless such accessory penalties have been expressly remitted
in the pardon.
41. Reclusion perpetua and reclusion temporal. — Their accessory
penalties. — 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.
42. Prision mayor — Its accessory penalties. — The penalty
of prision mayor shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.
ARTICLE 43. Prision correccional — Its accessory penalties.
— The penalty of prision correccional shall carry with it
that of suspension from public office, from the right to follow
a profession or calling, and that of perpetual special disqualification
from the right of suffrage, if the duration of said imprisonment
shall exceed eighteen months. The offender shall suffer the disqualification
provided in this article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon.
44. Arresto — Its accessory penalties. — The penalty
of arresto shall carry with it that of suspension of the right to
hold office and the right of suffrage during the term of the sentence.
45. Confiscation and forfeiture of the proceeds or instruments of
the crime. — Every penalty imposed for the commission of a
felony shall carry with it the forfeiture of the proceeds of the
crime and the instruments or tools with which it was committed.
proceeds and instruments or tools shall be confiscated and forfeited
in favor of the Government, unless they be the property of a third
person not liable for the offense, but those articles which are
not subject of lawful commerce shall be destroyed.
Application of Penalties
Rules for the application of penalties to the persons criminally
liable and for the graduation of the same
46. Penalty to be imposed upon principals in general. — The
penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.(Read
also Arts. 50 -51)
the law prescribes a penalty for a felony in general terms, it shall
be understood as applicable to the consummated felony.
47. In what cases the death penalty shall not be imposed; Automatic
review of death penalty cases. — The death penalty shall be
imposed in all cases in which it must be imposed under existing
laws, except when the guilty person is below eighteen (18) years
of age at the time of the commission of the crime or is more than
seventy years of age or when upon appeal or automatic review of
the case by the Supreme Court, the required majority vote is not
obtained for the imposition of the death penalty, in which cases
the penalty shall be reclusion perpetua.
all cases where the death penalty is imposed by the trial court,
the records shall be forwarded to the Supreme Court for automatic
review and judgment by the court en banc, within twenty (20) days
but not earlier than fifteen (15) days after the promulgation of
the judgment or notice of denial of any motion for new trial or
reconsideration. The transcript shall also be forwarded within ten
(10) days after the filing thereof by the stenographic reporter.
(As amended by Section 22, Republic Act No. 7659.)
ARTICLE 48. Penalty for complex crimes. — When a single act
constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, the same to be applied
in its maximum period.(As amended by Act No. 4000.)
49. Penalty to be imposed upon the principals when the crime committed
is different from that intended. — In cases in which the felony
committed is different from that which the offender intended to
commit, the following rules shall be observed:
If the penalty prescribed for the felony committed be higher than
that corresponding to the offense which the accused intended to
commit, the penalty corresponding to the latter shall be imposed
in its maximum period.
If the penalty prescribed for the felony committed be lower than
that corresponding to the one which the accused intended to commit,
the penalty for the former shall be imposed in its maximum period.
The rule established by the next preceding paragraph shall not be
applicable if the acts committed by the guilty person shall also
constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the frustrated
crime shall be imposed in its maximum period.(Read also Arts. 61,
62, and 65)
50. Penalty to be imposed upon principals of a frustrated crime.
— The penalty next lower in degree than that prescribed by
law for the consummated felony shall be imposed upon the principal
in a frustrated felony.
51. Penalty to be imposed upon principals of attempted crimes. —
The penalty lower by two degrees than that prescribed by law for
the consummated felony shall be imposed upon the principals in an
attempt to commit a felony.
52. Penalty to be imposed upon accomplices in a consummated crime.
— The penalty next lower in degree than that prescribed by
law for the consummated felony shall be imposed upon the accomplices
in the commission of a consummated felony.
53. Penalty to be imposed upon accessories to the commission of
a consummated felony. — The penalty lower by two degrees than
that prescribed by law for the consummated felony shall be imposed
upon the accessories to the commission of a consummated felony.
54. Penalty to be imposed upon accomplices in a frustrated crime.
— The penalty next lower in degree than that prescribed by
law for the frustrated felony shall be imposed upon the accesories
in the commission of a frustrated felony.
55. Penalty to be imposed upon accessories of a frustrated crime.
— The penalty lower by two degrees than that prescribed by
law for the frustrated felony shall be imposed upon the accessories
to the commission of a frustrated felony.
56. Penalty to be imposed upon accomplices in an attempted crime.
— The penalty next lower in degree than that prescribed by
law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
57. Penalty to be imposed upon accessories of an attempted crime.
— The penalty lower by two degrees than that prescribed by
law for the attempt shall be imposed upon the accessories to the
attempt to commit a felony.
58. Additional penalty to be imposed upon certain accessories. —
Those accessories falling within the terms of paragraph 3 of article
19 of this Code who should act with abuse of their public functions,
shall suffer the additional penalty of absolute perpetual disqualification
if the principal offender shall be guilty of a grave felony, and
that of absolute temporary disqualification if he shall be guilty
of a less grave felony.
59. Penalty to be imposed in case of failure to commit the crime
because the means employed or the aims sought are impossible. —
When the person intending to commit an offense has already performed
the acts for the execution of the same but nevertheless the crime
was not produced by reason of the fact that the act intended was
by its nature one of impossible accomplishment or because the means
employed by such person are essentially inadequate to produce the
result desired by him, the court, having in mind the social danger
and the degree of criminality shown by the offender, shall impose
upon him the penalty of arresto mayor or a fine from 200 to 500
60. Exceptions to the rules established in articles 50 to 57. —
The provisions contained in articles 50 to 57, inclusive, of this
Code shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted felony,
or to be imposed upon accomplices or accessories.
61. Rules for graduating penalties. — For the purpose of graduating
the penalties which, according to the provisions of articles 50
to 57, inclusive, of this Code, are to be imposed upon persons guilty
as principals of any frustrated or attempted felony, or as accomplices
or accessories, the following rules shall be observed:
When the penalty prescribed for the felony is single and indivisible,
the penalty next lower in degree shall be that immediately following
that indivisible penalty in the respective graduated scale prescribed
in article 71 of this Code.
When the penalty prescribed for the crime is composed of two indivisible
penalties, or of one or more divisible penalties to be imposed to
their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in
the respective graduated scale.
When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum period of another divisible
penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the
maximum period of that immediately following in said respective
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
When the law prescribes a penalty for a crime in some manner not
especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt
to commit the same, and upon accomplices and accessories.(As amended
by Com. Act No. 217.)
OF THE PROVISIONS OF THE CHAPTER
prescribed for the crime
to be imposed upon the principal in a frustrated crime, and
the accomplice in a consummated crime
to be imposed upon the principal in an attempted crime, the
accessory in the consummated crime, and the accomplices in
a frustrated crime
to be imposed upon the accessory in a frustrated crime, and
the accomplices in an attempted crime
to be imposed upon the accessory in an attempted crime
perpetua to death
temporal in its maximum period to death
mayor in its maximum period to reclusion temporal in its medium
correccional in its maximum period to prision mayor in its
mayor in its maximum period to prision correccional in its
and arresto mayor in its minimum and medium periods.
mayor in its maxi mum period to reclusion temporal in
its medium period.
correccional in its maximum period to prision mayor in its
mayor in its maximum period to prision correc- cional in its
and arresto mayor in its minimum and medium periods.
for the application of penalties with regard to the mitigating and
aggravating circumstances, and habitual delinquency
ARTICLE 62. Effects of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. — Mitigating or
aggravating circumstances and habitual delinquency shall be taken
into account for the purpose of diminishing or increasing the penalty
in conformity with the following rules:
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.
When in the commission of the crime, advantage was taken by the
offender of his public position, the penalty to be imposed shall
be in its maximum regardless of mitigating circumstances.
maximum penalty shall be imposed if the offense was committed by
any person who belongs to an organized/syndicated crime group.
organized/syndicated crime group means a group of two or more persons
collaborating, confederating or mutually helping one another for
purposes of gain in the commission of any crime.
The same rule shall apply with respect to any aggravating circumstances
inherent in the crime to such a degree that it must be necessity
accompany the commission thereof.
Aggravating or mitigating circumstances which arise from the moral
attributes of the offender, or from his private relations with the
offended party, or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.
The circumstances which consist in the material execution of the
act, or in the means employed to accomplish it, shall serve to aggravate
or mitigate the liability of those persons only who had knowledge
of them at the time of the execution of the act or their cooperation
5. Habitual delinquency shall have the following effects:
Upon a third conviction the culprit shall be sentenced to the penalty
provided by law for the last crime of which he be found guilty and
to the additional penalty of prision correccional in its medium
and maximum periods;
Upon a fourth conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty
and to the additional penalty of prision mayor in its minimum and
medium periods; and
Upon a fifth or additional conviction, the culprit shall be sentenced
to the penalty provided for the last crime of which he be found
guilty and to the additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.
the provisions of this article, the total of the two penalties to
be imposed upon the offender, in conformity herewith, shall in no
case exceed 30 years.
the purpose of this article, a person shall be deemed to be habitual
delinquent, if within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto estafa or falsification, he is found
guilty of any of said crimes a third time or oftener. (As amended
by Section 23, Republic Act No. 7659.)
63. Rules for the application of indivisible penalties. —
In all cases in which the law prescribes a single indivisible penalty,
it shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the commission
of the deed.
all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in
the application thereof:
When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.
When there are neither mitigating nor aggravating circumstances
in the commission of the deed, the lesser penalty shall be applied.
When the commission of the act is attended by some mitigating circumstance
and there is no aggravating circumstance, the lesser penalty shall
When both mitigating and aggravating circumstances attended the
commission of the act, the courts shall reasonably allow them to
offset one another in consideration of their number and importance,
for the purpose of applying the penalty in accordance with the preceding
rules, according to the result of such compensation.
64. Rules for the application of penalties which contain three periods.
— In cases in which the penalties prescribed by law contain
three periods, whether it be a single divisible penalty or composed
of three different penalties, each one of which forms a period in
accordance with the provisions of articles 76 and 77, the courts
shall observe for the application of the penalty the following rules,
according to whether there are or are no mitigating or aggravating
When there are neither aggravating nor mitigating circumstances,
they shall impose the penalty prescribed by law in its medium period.
When only a mitigating circumstance is present in the commission
of the act, they shall impose the penalty in its minimum period.
When only an aggravating circumstance is present in the commission
of the act, they shall impose the penalty in its maximum period.
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.
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.
Whatever may be the number and nature of the aggravating circumstances,
the courts shall not impose a greater penalty than that prescribed
by law, in its maximum period.
Within the limits of each period, the courts shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater or lesser
extent of the evil produced by the crime.
65. Rule in cases in which the penalty is not composed of three
periods. — In cases in which the penalty prescribed by law
is not composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal portions
of time included in the penalty prescribed, and forming one period
of each of the three portions.
66. Imposition of fines. — In imposing fines the courts may
fix any amount within the limits established by law; in fixing the
amount in each case attention shall be given, not only to the mitigating
and aggravating circumstances, but more particularly to the wealth
or means of the culprit.
67. Penalty to be imposed when not all the requisites of exemption
of the fourth circumstance of article 12 are present.— When
all the conditions required in circumstance 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.
68. Penalty to be imposed upon a person under eighteen years of
age. — When the offender is a minor under eighteen years and
his case is one coming under the provisions of the paragraph next
to the last of article 80 of this Code, the following rules shall
Upon a person under fifteen but over nine years of age, who is not
exempted from liability by reason of the court having declared that
he acted with discernment, a discretionary penalty shall be imposed,
but always lower by two degrees at least than that prescribed by
law for the crime which he committed.
Upon a person over fifteen and under eighteen years of age the penalty
next lower than that prescribed by law shall be imposed, but always
in the proper period.
ARTICLE 69. Penalty to be imposed when the crime committed is not
wholly excusable. — A penalty lower by one or two degrees
than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions
required to justify the same or to exempt from criminal liability
in the several cases mentioned in article 11 and 12, provided that
the majority of such conditions be present. The courts shall impose
the penalty in the period which may be deemed proper, in view of
the number and nature of the conditions of exemption present or
70. Successive service of sentences. — When the culprit has
to serve two or more penalties, he shall serve them simultaneously
if the nature of the penalties will so permit; otherwise, the following
rules shall be observed:
the imposition of the penalties, the order of their respective severity
shall be followed so that they may be executed successively or as
nearly as may be possible, should a pardon have been granted as
to the penalty or penalties first imposed, or should they have been
For the purpose of applying the provisions of the next preceding
paragraph the respective severity of the penalties shall be determined
in accordance with the following scale:
Perpetual absolute disqualification,
Temporary absolute disqualification.
Suspension from public office, the right to vote and be voted for,
the right to follow a profession or calling, and
the provisions of the rule next preceding, the maximum duration
of the convict's sentence shall not be more than threefold the length
of time corresponding to the most severe of the penalties imposed
upon him. No other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same maximum period.
maximum period shall in no case exceed forty years.
applying the provisions of this rule the duration of perpetual penalties
(penal perpetua) shall be computed at thirty years.(As amended by
Com. Act No. 217.)
71. Graduated scales. — In the cases in which the law prescribes
a penalty lower or higher by one or more degrees than another given
penalty, the rules prescribed in article 61 shall be observed in
graduating such penalty.
lower or higher penalty shall be taken from the graduated scale
in which is comprised the given penalty.
courts, in applying such lower or higher penalty, shall observe
the following graduated scales:
Perpetual absolute disqualification,
Temporary absolute disqualification
Suspension from public office, the right to vote and be voted for,
the right to follow a profession or calling,
72. Preference in the payment of the civil liabilities. —
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.
Provision common to the last two
73. Presumption in regard to the imposition of accessory penalties.
— Whenever the courts shall impose a penalty which, by provision
of law, carries with it other penalties, according to the provisions
of Articles 40, 41, 42, 43, 44, and 45 of this Code, it must be
understood that the accessory penalties are also imposed upon the
74. Penalty higher than reclusion perpetua in certain cases. —
In cases in which the law prescribes a penalty higher than another
given penalty, without specifically designating the name of the
former, if such higher penalty should be that of death, the same
penalty and the accessory penalties of article 40, shall be considered
as the next higher penalty.
75. Increasing or reducing the penalty of fine by one or more degrees.
— Whenever it may be necessary to increase or reduce the penalty
of fine by one or more degrees, it shall be increased or reduced,
respectively, for each degree, by one-fourth of the maximum amount
prescribed by law, without, however, changing the minimum.
same rules shall be observed with regard to fines that do not consist
of a fixed amount, but are made proportional.
76. Legal period of duration of divisible penalties. — The
legal period of duration of divisible penalties shall be considered
as divided into three parts, forming three periods, the minimum,
the medium, and the maximum in the manner shown in the following
SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED
IN EACH OF THEIR PERIODS
included in its minimum in its entirety
included in its minimum period
included in its medium period
included in its maximum period
12 years and 1 day to20 years.
12 years and1 day to 14 years and 8 months.
14 years, 8 months and 1 day to 17 years and 4 months.
17 years, 4 months and 1 day to 20 years.
mayor, absolute disqualification and special temporary disqualification
6 years and 1 day to12 years.
6 years and 1 day to 8 years.
8 years and 1 day to 10 years
10 years and1 day to 12 years.
correccional, suspension and destierro
6 months and 1 day to 6 years.
6 months and1 day to 2 years and 4 months.
2 years, 4 months and 1 day to 4 years and 2 months.
4 years, 2 months and 1 day to 6 years.
1 month and 1 day to months
1 to 2 months.
2 months and 1 day to 4 months.
4 months and 1 day to 6 months.
1 to 30 days.
1 to 10 days.
11 to 20 days.
21 to 30 days.
77. When the penalty is a complex one composed of three distinct
penalties. — In cases in which the law prescribes a penalty
composed of three distinct penalties, each one shall form a period;
the lightest of them shall be the minimum, the next the medium,
and the most severe the maximum period.
the penalty prescribed does not have one of the forms specially
provided for in this Code, the periods shall be distributed, applying
for analogy the prescribed rules.
Execution and Service of Penalties
78. When and how a penalty is to be executed. — No penalty
shall be executed except by virtue of a final judgment.
penalty shall not be executed in any other form than that prescribed
by law, nor with any other circumstances or incidents than those
expressly authorized thereby.
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.
regulations shall make provision for the separation of the sexes
in different institutions, or at least into different departments,
and also for the correction and reform of the convicts.
79. Suspension of the execution and service of the penalties in
case of insanity. — When a convict shall become insane or
an imbecile after final sentence has been pronounced, the execution
of said sentence shall be suspended only with regard to the personal
penalty, the provisions of the second paragraph of circumstance
number 1 of article 12 being observed in the corresponding cases.
at any time the convict shall recover his reason, his sentence shall
be executed, unless the penalty shall have prescribed in accordance
with the provisions of this Code.
respective provisions of this section shall also be observed if
the insanity or imbecility occurs while the convict is serving his
80. Suspension of sentence of minor delinquents. — Whenever
a minor of either sex, under sixteen years of age at the date of
the commission of a grave or less grave felony, is accused thereof,
the court, after hearing the evidence in the proper proceedings,
instead of pronouncing judgment of conviction, shall suspend all
further proceedings and shall commit such minor to the custody or
care of a public or private, benevolent or charitable institution,
established under the law for the care, correction or education
of orphaned, homeless, defective, and delinquent children, or to
the custody or care of any other responsible person in any other
place subject to visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if there be any,
or otherwise by the superintendent of public schools or his representatives,
subject to such conditions as are prescribed hereinbelow until such
minor shall have reached his majority or for such less period as
the court may deem proper.(As amended by Republic Act No. 47.)
court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of
kin, in order to avoid his commitment to any private institution
not under the control and supervision of the religious sect or denomination
to which they belong.
Director of Public Welfare or his duly authorized representatives
or agents, the superintendent of public schools or his representatives,
or the person to whose custody or care the minor has been committed,
shall submit to the court every four months and as often as required
in special cases, a written report on the good or bad conduct of
said minor and the moral and intellectual progress made by him.
suspension of the proceedings against a minor may be extended or
shortened by the court on the recommendation of the Director of
Public Welfare or his authorized representatives or agents, or the
superintendent of public schools or his representatives, according
as to whether the conduct of such minor has been good or not and
whether he has complied with the conditions imposed upon him, or
not. The provisions of the first paragraph of this article shall
not, however, be affected by those contained herein.
the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with
the approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper
to impose, such minor may be allowed to stay elsewhere under the
care of a responsible person.
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.
case the minor fails to behave properly or to comply with the regulations
of the institution to which he has been committed or with the conditions
imposed upon him when he was committed to the care of a responsible
person, or in case he should be found incorrigible or his continued
stay in such institution should be inadvisable, he shall be returned
to the court in order that the same may render the judgment corresponding
to the crime committed by him.
expenses for the maintenance of a minor delinquent confined in the
institution to which he has been committed, shall be borne totally
or partially by his parents or relatives or those persons liable
to support him, if they are able to do so, in the discretion of
the court: Provided, That in case his parents or relatives or those
persons liable to support him have not been ordered to pay said
expenses or are found indigent and cannot pay said expenses, the
municipality in which the offense was committed shall pay one-third
of said expenses; the province to which the municipality belongs
shall pay one-third; and the remaining one-third shall be borne
by the National Government: Provided, however, That whenever the
Secretary of Finance certifies that a municipality is not able to
pay its share in the expenses above mentioned, such share which
is not paid by said municipality shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses;
and in case a chartered city cannot pay said expenses, the internal
revenue allotments which may be due to said city shall be withheld
and applied in settlement of said indebtedness in accordance with
section five hundred and eighty-eight of the Administrative Code.(As
amended by Com. Act No. 99)
Execution of principal penalties.
ARTICLE 81. When and how the death penalty is to be executed. —
The death sentence shall be executed with preference to any other
and shall consist in putting the person under sentence to death
by electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as possible
to mitigate the sufferings of the persons under sentence during
electrocution as well as during the proceedings prior to the execution.
the person under sentence so desires, he shall be anaesthetized
at the moment of the execution.
soon as facilities are provided by the Bureau of Prisons, the method
of carrying out the sentence shall be changed to gas poisoning.
death sentence shall be carried out not later than one (1) year
after the judgment has become final. (As amended by Sec. 24, Republic
Act No. 7659.)
82. Notification and execution of the sentence and assistance to
the culprit. — The court shall designate a working day for
the execution, but not the hour thereof; and such designation shall
not be communicated to the offender before sunrise of said day,
and the execution shall not take place until after the expiration
of at least eight hours following the notification, but before sunset.
During the interval between the notification and the execution,
the culprit shall, in so far as possible, be furnished such assistance
as he may request in order to be attended in his last moments by
priests or ministers of the religion he professes and to consult
lawyers, as well as in order to make a will and confer with members
of his family or persons in charge of the management of his business,
of the administration of his property, or of the care of his descendants.
83. Suspension of the execution of the death sentence. — The
death sentence shall not be inflicted upon a woman while she is
pregnant or within one (1) year after delivery, nor upon any person
over seventy years of age. In this last case, the death sentence
shall be commuted to the penalty of reclusion perpetua with the
accessory penalty provided in article 40.
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. (As amended by Sec. 25, Republic Act No. 7659.)
84. Place of execution and persons who may witness the same. —
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.
85. Provision relative to the corpse of the person executed and
its burial. — 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. Otherwise, the Director
of Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present thereat to
the members of the family of the culprit and the friends of the
latter. In no case shall the burial of the body of a person sentenced
to death be held with pomp.
86. Reclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor. — The penalties of reclusion
perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor, shall be executed and served in the places and
penal establishments provided by the Administrative Code in force
or which may be provided by law in the future.
87. Destierro. — Any person sentenced to destierro shall not
be permitted to enter the place or places designated in the sentence,
nor within the radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the place designated.
88. Arresto menor. — The penalty of arresto menor shall be
served in the municipal jail, or in the house of the defendant himself
under the surveillance of an officer of the law, when the court
so provides in its decision, taking into consideration the health
of the offender and other reasons which may seem satisfactory to
Extinction of Criminal Liability
Total Extinction of Criminal Liability
89. How criminal liability is totally extinguished. — Criminal
liability is totally extinguished:
By the death of the convict, as to the personal penalties; and as
to pecuniary penalties, liability therefor is extinguished only
when the death of the offender occurs before final judgment.
By service of the sentence.
By amnesty, which completely extinguishes the penalty and all its
By absolute pardon.
By prescription of the crime.
By prescription of the penalty.
By the marriage of the offended woman, as provided in Article 344
of this Code.
90. Prescription of crime. — Crimes punishable by death, reclusion
perpetua or reclusion temporal shall prescribe in twenty years.
punishable by other afflictive penalties shall prescribe in fifteen
punishable by a correctional penalty shall prescribe in ten years;
with the exception of those punishable by arresto mayor, which shall
prescribe in five years.
crime of libel or other similar offenses shall prescribe in one
crime of oral defamation and slander by deed shall prescribe in
offenses prescribe in two months.
the penalty fixed by law is a compound one, the highest penalty
shall be made the basis of the application of the rules contained
in the first, second and third paragraphs of this article. (As amended
by Republic Act No. 4661, approved June 19, 1966.)
91. Computation of prescription of offenses. — The period
of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or their
agents, and shall be interrupted by the filing of the complaint
or information, and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.
term of prescription shall not run when the offender is absent from
the Philippine Archipelago.
92. When and how penalties prescribe. — The penalties imposed
by final sentence prescribe as follows:
Death and reclusion perpetua, in twenty years;
Other afflictive penalties, in fifteen years;
Correctional penalties, in ten years; with the exception of the
penalty of arresto mayor, which prescribes in five years;
Light penalties, in one year.
93. Computation of the prescription of penalties. — 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.
Partial Extinction of Criminal Liability
94. Partial Extinction of criminal liability. — Criminal liability
is extinguished partially:
By conditional pardon;
By commutation of the sentence; and
For good conduct allowances which the culprit may earn while he
is serving his sentence.
95. Obligation incurred by person granted conditional pardon. —
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.
96. Effect of commutation of sentence. — The commutation of
the original sentence for another of a different length and nature
shall have the legal effect of substituting the latter in the place
of the former.
97. Allowance for good conduct. — The good conduct of any
prisoner in any penal institution shall entitle him to the following
deductions from the period of his sentence:
During the first two years of his imprisonment, he shall be allowed
a deduction of five days for each month of good behavior;
During the third to the fifth year, inclusive, of his imprisonment,
he shall be allowed a deduction of eight days for each month of
During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for each
month of good behavior; and
During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of fifteen days for each month of good
98. Special time allowance for loyalty. — A deduction of one-fifth
of the period of his sentence shall be granted to any prisoner who,
having evaded the service of his sentence under the circumstances
mentioned in article 158 of this Code, gives himself up to the authorities
48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe to in said article.
99. Who grants time allowances. — Whenever lawfully justified,
the Director of Prisons shall grant allowances for good conduct.
Such allowances once granted shall not be revoked.
Persons Civilly Liable for Felonies
100. Civil liability of a person guilty of felony. — Every
person criminally liable for a felony is also civilly liable.
101. Rules regarding civil liability in certain cases. — The
exemption from criminal liability established in subdivisions 1,
2, 3, 5 and 6 of article 12 and in subdivision 4 of article 11 of
this Code does not include exemption from civil liability, which
shall be enforced subject to the following rules:
In cases of subdivisions 1, 2, and 3 of article 12, the civil liability
for acts committed by an imbecile or insane person, and by a person
under nine years of age, or by one over nine but under fifteen years
of age, who has acted without discernment, shall devolve upon those
having such person under their legal authority or control, unless
it appears that there was no fault or negligence on their part.
there be no person having such insane, imbecile or minor under his
authority, legal guardianship, or control or if such person be insolvent,
said insane, imbecile, or minor shall respond with their own property,
excepting property exempt from execution, in accordance with the
In cases falling within subdivision 4 of article 11, the persons
for whose benefit the harm has been prevented shall be civilly liable
in proportion to the benefit which they may have received.
courts shall determine, in sound discretion, the proportionate amount
for which each one shall be liable.
the respective shares cannot be equitably determined, even approximately,
or when the liability also attaches to the Government, or to the
majority of the inhabitants of the town, and, in all events, whenever
the damage has been caused with the consent of the authorities or
their agents, indemnification shall be made in the manner prescribed
by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of article 12,
the persons using violence or causing the fears shall be primarily
liable and secondarily, or, if there be no such persons, those doing
the act shall be liable, saving always to the latter that part of
their property exempt from execution.
102. Subsidiary civil liability of innkeepers, tavernkeepers and
proprietors of establishments. — In default of the persons
criminally liable, innkeepers, tavernkeepers, and any other persons
or corporations shall be civilly liable for crimes committed in
their establishments, in all cases where a violation of municipal
ordinances or some general or special police regulation shall have
been committed by them or their employees.
are also subsidiarily liable for the restitution of goods taken
by robbery or theft within their houses from guests lodging therein,
or for the payment of the value thereof, provided that such guests
shall have notified in advance the innkeeper himself, or the person
representing him, of the deposit of such goods within the inn; and
shall furthermore have followed the directions which such innkeeper
or his representative may have given them with respect to the care
of and vigilance over such goods. No liability shall attach in case
of robbery with violence against or intimidation of persons unless
committed by the innkeeper's employees.
103. Subsidiary civil liability of other persons. — The subsidiary
liability established in the next preceding article shall also apply
to employers, teachers, persons, and corporations engaged in any
kind of industry for felonies committed by their servants, pupils,
workmen, apprentices, or employees in the discharge of their duties.
What Civil Liability Includes
104. What is included in civil liability. — The civil liability
established in articles 100, 101, 102, and 103 of this Code includes:
Reparation of the damage caused;
Indemnification for consequential damages.
105. Restitution. — How made. — The restitution of the
thing itself must be made whenever possible, with allowance for
any deterioration, or diminution of value as determined by the court.
thing itself shall be restored, even though it be found in the possession
of a third person who has acquired it by lawful means, saving to
the latter his action against the proper person, who may be liable
provision is not applicable in cases in which the thing has been
acquired by the third person in the manner and under the requirements
which, by law, bar an action for its recovery.
106. Reparation. — How made. — The court shall determine
the amount of damage, taking into consideration the price of the
thing, whenever possible, and its special sentimental value to the
injured party, and reparation shall be made accordingly.
107. Indemnification — What is included. — Indemnification
for consequential damages shall include not only those caused the
injured party, but also those suffered by his family or by a third
person by reason of the crime.
108. Obligation to make restoration, reparation for damages, or
indemnification for consequential damages and action to demand the
same — Upon whom it devolves. — The obligation to make
restoration or reparation for damages and indemnification for consequential
damages devolves upon the heirs of the person liable.
action to demand restoration, reparation, and indemnification likewise
descends to the heirs of the person injured.
109. Share of each person civilly liable. — If there are two
or more persons civilly liable for a felony, the courts shall determine
the amount for which each must respond.
110. Several and subsidiary liability of principals, accomplices
and accessories of a felony — Preference in payment. —
Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their respective
class, shall be liable severally (in solidum) among themselves for
their quotas, and subsidiarily for those of the other persons liable.
subsidiary liability shall be enforced, first against the property
of the principals; next, against that of the accomplices, and, lastly,
against that of the accessories.
the liability in solidum or the subsidiary liability has been enforced,
the person by whom payment has been made shall have a right of action
against the others for the amount of their respective shares.
111. Obligation to make restitution in certain cases. — Any
person who has participated gratuitously in the proceeds of a felony
shall be bound to make restitution in an amount equivalent to the
extent of such participation.
Extinction and Survival of Civil Liability
112. Extinction of civil liability. — Civil liability established
in articles 100, 101, 102, and 103 of this Code shall be extinguished
in the same manner as other obligations, in accordance with the
provisions of the Civil Law.
113. Obligation to satisfy civil liability. — Except in case
of extinction of his civil liability as provided in the next preceding
article, the offender shall continue to be obliged to satisfy the
civil liability resulting from the crime committed by him, notwithstanding
the fact that he has served his sentence consisting of deprivation
of liberty or other rights, or has not been required to serve the
same by reason of amnesty, pardon, commutation of sentence or any