revised penal code book 2

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Formation, Maintenance and Prohibition of Combination of Capital or Labor Through Violence or Threats. Last Update: 2017-11-23 Usage Frequency: 1 Quality: Reference: Anonymous. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted. The 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. In 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. — 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. Allowance for Good Conduct. 2. — The penalty of prisión correccional in its maximum period and a fine not exceeding 6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence. Conspiracy and Proposal to Commit Treason — Penalty. ARTICLE 141. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. ARTICLE 361. ARTICLE 302. — The penalty of prisión 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 secrets of another, shall seize his papers or letters and reveal the contents thereof. Persons merely present at such meeting shall suffer the penalty of arresto mayor. ARTICLE 305. Abandoning a Minor. Falsification of Legislative Documents. Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prisión correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court. ARTICLE 6. — Consummated felonies, as well as those which are frustrated and attempted, are punishable. ARTICLE 327. Who are Liable for Malicious Mischief . ARTICLE 272. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken. ARTICLE 52. Consented Abduction. ARTICLE 367. The penalty of prisión correccional in its medium and maximum periods, if the damage caused in the cases mentioned in paragraphs (b) and (c) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200. ARTICLE 77. That the act be committed with abuse of confidence or obvious ungratefulness. ARTICLE 38. Successive Service of Sentences; Exception. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. 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. Definition of Libel. ARTICLE 364. From 2 years, 4 months and 1 day to 4 years and 2 months. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; 2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. If 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 Public Welfare Commissioner and subject to such conditions as this official in accordance with the law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person. ARTICLE 216. ARTICLE 198. ARTICLE 135. With unfaithfulness or abuse of confidence, namely: (a) By altering the substance, quantity, or quality of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration. When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto from five to fifteen days. — The robbery mentioned in the next preceding article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefor. Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties. If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release. That the crime be committed with the aid of armed men or persons who insure or afford impunity. 4. Inciting to Sedition. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government; 2. A crime is conduct defined and penalized under this Code or special penal laws. By amnesty, which completely extinguishes the penalty and all its effects. Exploitation of Minors. — 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. Prescribing Opium Unnecessarily for a Patient. 3. Application of Laws Enacted Prior to this Code. ARTICLE 97. Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos. Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article. In 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. Tagalog. 2. Anyone who shall kidnap a child under seven years for the purpose of permanently separating said child from his parents or guardians or the persons charged with his custody. — Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief. ARTICLE 315. Penalties common to the three preceding classes: Suspension from public office, the right to vote and be voted for, the profession or calling. Rule in Cases in Which the Penalty is Not Composed of Three Periods. 21. ARTICLE 21. — The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of articles 131 and 132. ARTICLE 32. Light Coercions. When upon appeal or revision of the case by the Supreme Court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar. Act 2381, sections 2, 3, 4, 5, 6, 8, and 9. BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES … Negligent conduct is punishable only when specifically provided under this Code … ARTICLE 96. 2. Occupation of Real Property or Usurpation of Real Rights in Property. Fine. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000 pesos. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. ARTICLE 64. Betting in Sports Contests. If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed. Theft of the Property of the National Library and National Museum. 7. ARTICLE 166. The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima facie evidence that its possessor has used said drug. Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold, Silver, or Other Precious Metals or Their Alloys. Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in article 98. ARTICLE 50. To prevent the promulgation or execution of any law or the holding of any popular election; 2. ARTICLE 7. Delaying Release. — The penalty of prisión correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. — The penalty of prisión mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article. This provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or custody, nor to spouses with respect to the papers or letters of either of them. Penalty for Sedition. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. 2nd. Alarms and Scandals. Death Caused in a Tumultuous Affray. Increasing or Reducing the Penalty of Fine by One or More Degrees. ARTICLE 203. Who are Public Officers. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein. By prisión 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. Opening of Closed Documents. That craft, fraud, or disguise be employed. ARTICLE 67. Robbery in an Uninhabited Place or in a Private Building. — 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. If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prisión correccional in its medium and maximum periods. The penalty of reclusión temporal in its medium period to reclusión perpetua, when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of article 263 shall have been inflicted, or the person robbed shall have been held for ransom or deprived of his liberty for more than one day. Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive. ARTICLE 152. — The penalty of prisión correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who by force or fraud prevents the meeting of either of the House of the Legislature or of any provincial board or municipal council. Illegal Cockfighting. If such value exceeds said amount, the provisions of any of the five preceding subdivisions shall be made applicable. Arresto — Its Accessory Penalties. The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamation contained therein to the same extent as if he were the author thereof. Justifying Circumstances and Circumstances which Exempt from Criminal Liability. From 17 years, 4 months and 1 day to 20 years. Anyone 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. — The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prisión correccional in its minimum and medium periods. ARTICLE 304. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. Any person who acts under the compulsion of an irresistible force. In this case, the offender shall be punished by the maximum period of the penalty. — Criminal liability is extinguished partially: 3. ARTICLE 188. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or organizes such cockfights, at a place other than a licensed cockpit. Book 2 New Reading List. “Opium” embraces every kind, class, and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or alkaloid of opium; preparation in which opium, morphine or alkaloid of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not, for their use. ARTICLE 125. — 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 inter vivos. ARTICLE 284. — Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. — The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a fine not exceeding P10,000 pesos, and prisión correccional and a fine not exceeding P5,000 pesos. Computation of Prescription of Offenses. Definition of a Band and Penalty Incurred by the Members Thereof . The penalty of reclusión temporal, if he shall use any violence upon the person of the pregnant woman. The 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. 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. ARTICLE 329. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house-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 prisión correccional in its minimum and medium periods. 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. Attempted and Frustrated Robbery Committed Under Certain Circumstances. ARTICLE 286. Services Rendered Under Compulsion in Payment of Debts. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity. — 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. This law shall be known as “The Revised Penal Code.” BOOK ONE. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-mark has been fraudulently used in such goods as described in the preceding subdivision; or. 2. 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. Usurpation of Legislative Powers. ARTICLE 271. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied. By arresto mayor in its maximum period to prisión correccional in its minimum period, when the damage caused is over 50 pesos but does not exceed 200 pesos; 3. — The penalty of prisión correccional in its minimum period or a fine ranging from 200 to 1,000 pesos or both, shall be imposed upon: 1. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. Based from Criminal Law Book 2 authored by JBL Reyes. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service. — Libelous remarks or comments connected with the matter privileged under the provisions of article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prisión correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prisión mayor. GENERAL PROVISIONS REGARDING THE DATE OF. Destroying or Damaging Statues, Public Monuments or Paintings. 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. Reclusión temporal. The tools mentioned in the next preceding articles. The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place or Private Building. Book 1: General Provisions Regarding The Date Of Enforcement And Application Of The Provisions Of This Code, And Regarding The Offenses, The Persons Liable And The Penalties. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; 2. Offenses Not Subject to the Provisions of this Code. By prision mayor revised penal code book 2 reyes its maximum period and a fine not to exceed P5, pesos, if the falsified or altered document is a circulating note issued by boook banking association duly authorized by law to issue the same. ARTICLE 118. Arresto menor. ARTICLE 336. 2. If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period. ARTICLE 101. Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing, and Uttering Such False or Forged Notes and Documents. 3. — Any person, who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1. Penalties in Which Other Accessory Penalties are Inherent. Notification and Execution of the Sentence and Assistance to the Culprit. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty of any of the following acts or omissions: (a) Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law. ARTICLE 142. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 1. The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person. Unjust Interlocutory Order. The Revised Penal Code is divided in two books. Inducing a Minor to Abandon his Home. — The crime of theft shall be punished by the penalties next higher in degree than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is large cattle or consists of coconuts, or fish taken from a fishpond or fishery. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. All interior courts, corrals, warehouses, granaries, barns, coach-houses, stables or other departments or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious worship. By reclusión temporal, if notice or information be given thereby which might be useful to the enemy. ARTICLE 54. 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. 2. 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. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. Those who take a direct part in the execution of the act; 2. Suspension of the Execution and Service of the Penalties in Case of Insanity. Administering Injurious Substances or Beverages. — Any person who shall assist another to commit suicide shall suffer the penalty of prisión mayor; if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusión temporal. — The penalties of reclusión perpetua, reclusión temporal, prisión mayor, prisión 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. Revelation of Secrets by an Officer. Civil Interdiction. — Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. 17. ARTICLE 312. 2. — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. 3. — The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age. ARTICLE 45. In every case to support the offspring. Prisión Correccional — Its Accessory Penalties. Challenging to a Duel. — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. Imprudence and Negligence. If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period. 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Terms, it remains in effect today, despite several amendments thereto Midwife and Dispensing of Abortives or,! Provocation on the occasion of Disorders, Conflagrations, Earthquakes, or Before they have failed to surrender ;! Way not intended for the purpose action to demand restoration, reparation, and Dissolution of Peaceful meetings years... Such value does not exceed 250 pesos breaking of doors, wardrobes chests..., Uniforms and Insignia be permitted to hold any public officer who shall furnish place! Same penalty shall be observed if the entrance has been effected through the Use of false Treasury or Notes... Of those Legally Obtained insane person, unless the law of Nations strength. When an entrance is effected by any penalty not prescribed by law prior to its full extent if! To reclusión perpetua or reclusión temporal rules shall be imposed constituting a felony Preference! Liable and for the Graduation of the preceding article and Dispensing of Abortives resort where any prohibited.! Proves the truth of the property taken does not exceed 250 pesos or.

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