Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

os a >N

eh

SEVENTEENTH CONGRESS
2nd Regular Session

6204

House Bill No.

Introduced by HONORABLE REPRESENTATIVES PANTALEON D. ALVAREZ,
RODOLFO C. FARINAS, REYNALDO V. UMALI, MARLYN L. PRIMICIAS-AGABAS
and RAMON V. A. ROCAMORA

EXPLANATORY NOTE

The penal code is a significant part of the Philippine Criminal Justice System. As
such, revisiting and revising the criminal code is very vital to address the problems and
strengthen our country's Criminal Justice System.

The existing penal code of the Philippines was passed based on societal,
technological, and economic conditions more than eight decades ago. With the
increasing complexity of our societies and technological advances, several provisions of
the current Revised Penal Code (RPC) have now become irrelevant and no longer
applicable to the present time. Moreso, the present RPC addresses some crimes and
criminal actions that are outdated which put constraints in the performance of duties of
our law enforcers and members of the judiciary and in bringing justice where and when
it is due. The members of our prosecutorial service are also having difficulty in
establishing the existence of a criminal act given the gaps in the current RPC.

The proposed Code of Crimes endeavors to: (a) update and revise existing penal
laws to make it relevant in accordance with current international best practices; (b) to
integrate special laws in order to have one code for all criminal laws; (c) strengthen
criminal justice system through relevant laws to address present societal problems; and
(d) to ensure that there will be a single and unified criminal code, taking into
consideration future laws to be passed.

The proposed measure covers Book 1 of the Code of Crimes of the Philippines.
This is an output of rigorous deliberations and consultations with experts and various
stakeholders spearheaded by the UP Law Center.


The enactment of the proposed Code of Crimes of the Philippines with an
updated and relevant penal laws shall support our pursuit of a comprehensive and
holistic reengineering of the Criminal Justice System.

In view thereof, the passage of this measure is earnestly sought.

—

roeburd| C. FARINAS

1 District, Ilocos Norte

/

I].
MARLYN|L. PRI -AGABAS
th District, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
2nd Regular Session

6204

House Bill No.

Introduced by HONORABLE REPRESENTATIVES PANTALEON D. ALVAREZ,
RODOLFO C. FARINAS, REYNALDO V. UMALI, MARLYN L. PRIMICIAS-AGABAS
and RAMON V. A. ROCAMORA

AN ACT INSTITUTING THE PHILIPPINE CODE OF CRIMES TO FURTHER
STRENGTHEN THE CRIMINAL JUSTICE SYSTEM, REPEALING FOR THE
PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE OF THE PHILIPPINES AND OTHER SPECIAL PENAL LAWS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

BOOK ONE

GENERAL PRINCIPLES ON THE APPLICATION OF THIS CODE, THE OFFENSES,
THE PERSONS LIABLE AND THE TABLE OF PENALTIES

ARTICLE 1. Title. - this act shall be known as “THE PHILIPPINE CODE OF
CRIMES (OR THE CODE OF CRIMES OF THE PHILIPPINES).”

ARTICLE 2. Application of Its Provisions. — This code shall apply to all persons,
natural or juridical, in the Philippine territory, and shall also apply to any person outside
of its territory who:

1 Should commit a crime while on a Philippine ship or aircraft;

2. Should counterfeit or forge any monetary note or obligation issued by the
Government of the Philippines, or possess or introduces such monetary note or
obligation into the Philippines;

3. While being public officers or employees, commit a crime in relation to
their functions;

4 Commit any of the crimes against national security and the law of nations;
or

5. Should commit crimes in violation of Public International Law, laws of
preferential application, Law on Transnational Crimes and Special Laws.

TITLE ONE
Crimes and Circumstances Which Affect Criminal Liability

CHAPTER ONE
CRIMES

ARTICLE 3. Definition. — Crime is an act defined and punished under this Code
or Special Penal Laws, committed with malice or with fault.


There is malice 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.

ARTICLE 4. Criminal Liability. — Criminal liability is incurred:

1 By any person committing an intentional crime although the wrongful act
done be different from that which he intended.

2. By any person performing an act which would constitute a grave or less
grave crime, were it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means.

ARTICLE 5. Consummated, Frustrated, and Attempted Crimes. —
Consummated, frustrated, and attempted crimes are punishable unless otherwise
provided by law.

A crime 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 crime as a consequence but which, nevertheless,
do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a crime
directly by overt acts, and does not perform all the acts of execution which should
produce the crime by reason of some cause or accident other than his own
spontaneous desistance.

ARTICLE 6. When Light Crimes are Punishable. — Light Crimes are punishable
only when they are consummated.

ARTICLE 7. Grave Crimes, Less Grave Crimes and Light Crimes. — Grave
Crimes are those to which the law attaches the punitive punishment or penalties which
in any of their periods are afflictive, in accordance with Article 21 of this Code.

Less grave crimes are those which the law punishes with penalties which in their
maximum period are corrective, in accordance with the abovementioned articles.

Light crimes are those infractions of law for the commission of which the penalty
of restorative 2 or a fine not exceeding 40,000 pesos or both, is provided.

ARTICLE 8. Crimes not subject to the provisions of this code. — This code shall
be supplementary to special penal laws, unless the latter should specially provide the
contrary.

CHAPTER TWO
Justifying Circumstances and Circumstances Which Exempt from Criminal Liability

ARTICLE 9. Justifying Circumstances. — The following do not incur any criminal
liability:

4. Anyone who acts in defense of his person, honor or rights, provided that
the following circumstances concur:

First. Unlawful aggression;

Second. Reasonable necessity of the means employed to prevent or repel it;

Third. Lack of sufficient provocation on the part of the person defending himself.

2. Anyone who acts in defense of the person, honor or rights of his spouse,
ascendants, descendants, brothers or sisters, or of his relatives by affinity in the same

4


degrees, and those by consanguinity within the fourth civil degree, provided that the
requisites of unlawful aggression and the reasonable necessity of the means employed
are present, and, in case the provocation was given by the person attacked, that the
one making defense had no part therein.

3. Anyone who acts in defense of the person, honor or rights of a stranger,
provided that the requisites of unlawful aggression and the reasonable necessity of the
means employed are present and that the person defending be not induced by revenge,
resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does an act which
causes damage to another, provided that the following requisites are present:

First. that the evil sought to be avoided actually exists;

Second. that the injury feared be greater than that done to avoid it;

Third. that there be no other practical and less harmful means of preventing it.

5. Any person who, while performing a lawful act with due care, causes an
injury by mere accident without fault or intention of causing it

6. Any person who acts in the fulfillment of a duty or in the lawful exercise of
one's right or function.

7. Any person who acts in obedience to an order issued by a superior for
‘some lawful purpose.

8. Any person who fails to perform an act required by law, when prevented
by some lawful or insuperable cause.

ARTICLE 10. Circumstances Which Exempt from Criminal Liability. — The
following are exempt from criminal liability:

1 Those suffering from mental disorder or defect depriving him of his
intelligence or reason at the time of the commission of the crime.

2. A person twelve (12) years of age or below.

3. A person above twelve (12) years of age and under fifteen (15) acting
without discernment.

4 Any person who acts under the compulsion of an irresistible force or under
the impulse of an uncontrollable fear of an equal or greater injury.

CHAPTER THREE
Circumstances Which Mitigate Criminal Liability
ARTICLE 11. Mitigating Circumstances. — The following are mitigating
circumstances:

1 Those mentioned in Articles 9 and 10, when majority of all the requisites
necessary to justify the act or to exempt from criminal liability in the respective cases
are present; provided, that in self-defense, defense of a relative, and defense of a
stranger, the element of unlawful aggression must be present.

2. That the offender is over twelve (12) years of age and under fifteen (!5)
acting with discernment or over seventy (70).

3. That the offender had no intention to commit so grave a crime as that
committed.

4. That sufficient provocation on the part of the offended party immediately
preceded the commission of the crime.

5. That the crime was committed in vindication of a grave offense committed
against the offender, his/her spouse, adopted children, descendants, ascendants,
brothers or sisters, or relatives by affinity within the same degrees.


6. That of having acted upon an impulse so powerful as naturally to have
produced legitimate passion or obfuscation.

7. That the offender voluntarily surrendered to a person in authority or his
agents.

8. That the offender voluntarily pleaded guilty to the offense charged before
the presentation of the prosecution evidence.

9. That the offender is deaf and dumb, blind or otherwise suffering from
some physical defect which restricts his/her means of action, defense, or
communication with his/her fellow beings.

10. Such illness that would diminish the exercise of reason or intelligence of
the offender.

141. Any other circumstance of a similar nature or analogous to those above
mentioned.

CHAPTER FOUR
Circumstances Which Aggravate Criminal Liability
ARTICLE 12. Aggravating Circumstances. — The following are aggravating
circumstances:

1. That the offender takes advantage of public position. when in the
commission of the crime, advantage is taken by the offender of his public position, the
penalty to be imposed shall be in its maximum period.

2 That the crime be committed with insult to persons in authority as defined
in Article 152 (1).

3. That the crime be committed in disregard of the respect due to the
offended party on account of rank, status, age, or gender.

4. That the crime be committed with abuse of confidence or obvious
ungratefulness.

5. That the crime be committed in the residence of the president, or in his
Presence, or in public offices where public functions are discharged, or in a place
dedicated to religious worship.

6. That the crime be committed during nighttime, or in an uninhabited place,
whenever such circumstances may facilitate the commission of the crime.

7. That the offender took advantage of a conflagration, shipwreck,
earthquake, typhoon, epidemic or other calamity.

8. That the offender has been previously convicted by final judgment of an
intentional crime. however, when the subsequent crime is committed while the accused
is serving sentence, the maximum penalty shall be imposed as a special aggravating
circumstance.

9. That the crime be committed with evident premeditation.

10. That the crime be committed in consideration of a price, reward or
promise.

1 That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or intentional damage, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.

12. That advantage be taken of superior strength.

13. ‘That craft, fraud, or disguise be employed.

14. That the act be committed with treachery (a/evosia).

There is treachery when the offender commits any of the crimes against person,
employing means, methods, or forms to ensure the execution of the crime without risk
arising from the defense of the victim.

15. That the crime be committed with cruelty.

16. That the crime be committed with ignominy.

17. That the crime be committed in the dwelling of the offended party who has
not given provocation.

18. That the crime be committed after an unlawful entry.


19. That as a means to the commission of a crime a wall, roof, floor, door, or
window be broken.

20. That the crime be committed by a band or an organized/syndicated crime
group.

A band consists of four or more armed malefactors in the commission of an
offense.

‘An organized/syndicated crime group consists of three or more persons
collaborating, confederating or mutually helping one another for purposes of gain in the
commission of any crime.

21. — That the crime be committed with the aid of a minor.

22. That the crime be committed with the aid of armed men or persons who
ensure or afford impunity.

ARTICLE 13. 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:

4, 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.

+4 The same rule shall apply with respect to any aggravating circumstances
inherent in the crime to such a degree that it must of necessity accompany the
commission thereof.

3. 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.

4. 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 therein.

5. Habitual delinquency shall have the following effects:

(a) Upon the 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 Corrective 1 in its medium and maximum periods;

(b) Upon the 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
Afflictive 2 in its minimum and medium periods; and

(c) 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 Afflictive 2 in its maximum period to Afflictive 1 in its minimum period.

Notwithstanding 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 20 years.

For purposes of this article, a person shall be deemed to be habitual delinquent if
he/she has been previously convicted of grave or less grave crimes a third time or
oftener.

TITLE TWO
Persons Criminally Liable for Crimes

ARTICLE 14. Who are Criminally Liable. — Criminal liability may be incurred by
natural or juridical persons. Criminal liability of juridical persons shall be governed by
this code and by special laws.

The following are criminally liable for grave and less grave crimes:

4. Principals.

2. Accomplices.


3. Accessories.

The following are criminally liable for light crimes:
1. Principals.

2. Accomplices.

ARTICLE 15. Principals. —Principals are those persons who:

1. Take direct part in the execution of the criminal act;

2. Directly force or induce others to commit it;

3. Cooperate in the commission of the crime by another act without which
crime would not have been accomplished; or

4. Act in conspiracy with another in the execution of the crime. there is a
conspiracy when two or more persons come to an agreement conceming the
commission of a crime and decide to commit it.

ARTICLE 16. Accomplices. — Accomplices are those persons who, not
having acted as principals, cooperate in the execution of the crime by previous or
simultaneous acts.

ARTICLE 17. 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:

1. By profiting themselves or assisting the offender to profit by the effects of
the crime, or by buying, receiving, possessing, keeping, acquiring, concealing, selling or
disposing of, or buying and selling, or in any other manner dealing in any article, item,
object or anything of value which he knows, or should be known to him, to have been
derived from the proceeds of the crime.

2 By concealing or destroying the body, effects, or instruments of the crime
to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the principal of the
crime.

4 By any other act that will obstruct, impede, frustrate, restrict or delay the
apprehension of suspects and the investigation and prosecution of criminal cases,
unless the act is separately punished under other provisions of this code or other laws.

If any of the acts mentioned herein is penalized by any other law with a higher
penalty, the higher penalty shall be imposed.

ARTICLE 18. 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, brothers and sisters, or relatives by
affinity within the same degrees, with the exception of accessories falling within the
provisions of paragraphs 1 and 4 of the next preceding article.

TITLE THREE
Penalties

CHAPTER ONE
Penalties in General

ARTICLE 19. Penalties that May Be Imposed. — No crime shall be punishable by
any penalty not prescribed by law before its commission.

Likewise, when strict application of the provisions of this code would result in the
imposition of an excessive penalty, taking into consideration the gravity of the crime and
the injury caused thereby, the court may, without suspending the execution of the
sentence, submit to the President, through the Department of Justice, its
recommendation for executive clemency of the sentence.


Article 20. Construction of Criminal Laws. — Criminal laws are prospective in
application but shall have a retroactive effect when it is favorable to the accused.

CHAPTER TWO
Classification of Penalties

ARTICLE 21.Principal Penalties Which May Be Imposed. — The different
classes of principal penalties which may be imposed for violations of this code are the
penalties of death, deprivation or restriction of liberty, community service,
disqualification, public reprimand and fines.

Scale PRINCIPAL PENALTIES
Punitive Penalties: PUNITIVE 1
PUNITIVE 2
Afflictive penalties: AFFLICTIVE 1
AFFLICTIVE 2

Perpetual or temporary absolute
disqualification,

Perpetual or temporary special
disqualification,

Corrective penalties CORRECTIVE 1

CORRECTIVE 2

Restorative penalties RESTORATIVE 1
RESTORATIVE 2

Community Service
Restrictive
Public Reprimand

Penalty common to the four (4) preceding classes:
Fine

ARTICLE 22. Accessory Penalties. The accessory penalties, which are deemed
included in the principal penalties imposed, are as follows:

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be voted for, the profession

or calling.

Civil interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense,

Payment of costs.

ARTICLE 23.Fine — When Grave, Less Grave or Light Penalty. — A fine,
whether imposed as a single or as an alternative penalty, shall be considered grave
penalty, if it exceeds 1,200,000 pesos; a less grave penalty, if it does not exceed


1,200,000 pesos but is not less than 40,000 pesos; and a light penalty, if it be less than
40,000 pesos.

CHAPTER THREE
Duration and Effect of Penalties

SECTION ONE
Duration of Penalties Involving Deprivation Or Restriction Of Liberty

ARTICLE 24.
PUNITIVE 1. - Death Penalty
PUNITIVE 2. — Punitive 2 penalty shall be from twenty years and one day to forty
years.
Maximum level: 30 years and 1 day to 40 years
Medium level: 30 years
Minimum: 20 years and 1 day to less than 30 years

AFFLICTIVE 1. —Afflictive 1 penalty shall be from twelve years and one day to twenty
years.

Maximum level: 16 years and 1 day to 20 years

Medium level: 16 years

Minimum level: 12 years and 1 day to less than 16 years

afflictive 2 and temporary disqualification. — Afflictive 2 Penalty 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.

Maximum level: 9 years and 1 day to 12 years

Medium level: 9 years

Minimum level: 6 years and 1 day to less than 9 years

Corrective 1 and suspension. —Corrective 1 Penalty and suspension shall be from
THREE YEARS 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.
Maximum level: 4 years, 6 months and 1 day to 6 years

Medium level: 4 years and 6 months

Minimum level: 3 years and 1 day to less than 4 years and 6 months

Corrective 2. - The duration of corrective 2 penalty shall be from six months and one
day to three years.

Maximum level: 1 year, 3 months and 1 day to 3 years

Medium level: 1 year and 3 months

Minimum level: 6 months and 1 day to less than 1 year and 3 months

Restorative 1. — The duration of Restorative 1 penalty shall be from one month and
‘one day to six months.

Maximum level: 2 months and 16 days to 6 months

Medium level: 2 months and 15 days

Minimum level: 1 month and 1 day to less than 2 months and 15 days

Restorative 2. — The duration of Restorative 2 penalty shall be from one day to thirty
days.

Maximum level: 16 days to thirty days

Medium level: 15 days

Minimum level: 1 day to less than 15 days

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Community Service. — The duration of community service shall be from one day to six
months.

Restrictive. - The duration of restrictive penalty shall be from 6 months to 2 years.

public reprimand

ARTICLE 25. 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.

If the offender be not in prison, the term of the duration of the penalty consisting
of deprivation of liberty shall be computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of the penalty. The duration of the
other penalties shall be computed only from the day on which the defendant
commences to serve his sentence.

ARTICLE 26. Period of Preventive Detention. — the period of preventive detention
shall be deducted from the sentence consisting of deprivation of liberty except when
he/she escapes during the period of his preventive detention.

When the preventive detention shall have exceeded the maximum period of the
imposable penalty, the offender shall immediately be released without prejudice to the
case proceeding to judgment.

SECTION TWO
Effects of the Penalties According to Their Respective Nature

ARTICLE 27.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 effects:

1. The deprivation of the public offices and employments which the offender may
have held, even if conferred by popular election.

2. The deprivation of the right to vote in any election for any popular elective
office or to be elected to such office.

3. The disqualification for the offices or public employments and for the exercise
of any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in
paragraphs 2 and 3 of this article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly
held.

ARTICLE 28.Effects 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:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either
perpetually or during the term of the sentence, according to the extent of such
disqualification.

ARTICLE 29.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 disqualification.

ARTICLE 30. 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

1


offender from holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence.

The person suspended from holding public office shall not hold another having
similar functions during the period of his suspension.

ARTICLE 31. 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 inter
vivos.

ARTICLE 32. 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:

1. The reparation of the damage caused.

z Indemnification of consequential damages.

3. The fine.

ARTICLE 33. Subsidiary Penalty. — If the convict has no property with which to
pay the penalty of fine classified as grave crime, he shall render community service of
not less than 4 months and 1 day but not more than 6 months; for fine classified as less
grave, he shall render community service of not less than 1 month but not more than 4
months; and for fine classified as light crime, he shall render community service of not
more than 30 days.

SECTION THREE
Penalties in Which Other Accessory Penalties are Inherent

ARTICLE 34. Punitive 1— Its Accessory Penalties. —Punitive 1 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.

ARTICLE 35. Punitive 2 And Afflictive 1— Their Accessory Penalties. — Punitive
2 And Afflictive 1 penalties shall carry with them that of civil interdiction for life or during
the period of the sentence as the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though pardoned as to the principal
penalty, unless the same shall have been expressly remitted in the pardon.

ARTICLE 36.Afflictive 2— Its Accessory Penalties. —Afflictive 2 penalty 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 37. Corrective 1 And Corrective 2 — Its Accessory Penalties. —
Corrective 1 And Corrective 2 Penalties shall carry with them 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.

ARTICLE 38.Restorative 1 and Restorative 2 Penalties — Its Accessory
Penalties. — Restorative 1 and Restorative 2 penalties shall carry with them that of

12


‘suspension of the right to hold office and the right of suffrage during the term of the
sentence.

ARTICLE 39. Disposition of the Proceeds or Instruments of the Crime. — Every
judgment in a criminal case shall determine the confiscation and disposition of the
proceeds and instruments used in the commission of the crime.

CHAPTER FOUR
Application of Penalties

SECTION ONE
Rules for the Application of Penalties to the Persons Criminally Liable and for the
Graduation of the Same

ARTICLE 4. Penalty to be Imposed in General. — For principals, the penalty
prescribed by law for the commission of a crime in its consummated stage shall be that
provided by law in its consummated stage. the penalty next lower in degree shall be
imposed upon the principal in a frustrated crime, and the penalty two degrees lower
upon the same principal in an attempted crime.

For accomplices, the penalty next lower in degree than that prescribed by law for
the consummated crime shall be imposed. the penalty two degrees lower shall be
imposed upon the accomplices in a frustrated crime, and the penalty shall be three
degrees lower in an attempted crime.

For accessories, the penalty lower by two degrees than that prescribed by law for
the consummated crime shall be imposed. the penalty lower by three degrees shall be
imposed upon the accessories in a frustrated crime, and shall be lower by four degrees
in an attempted crime.

ARTICLE 41. When Punitive 1 Penalty Shall Not Be Imposed.— The Punitive 1
penalty shall be imposed in all cases PROVIDED BY existing laws, except:
1. When the offender is below eighteen (18) years of age at the time of the
commission of the crime; or
2. When the offender is more than seventy years of age at the time of
promulgation.

ARTICLE 42. Penalty for Complex Crimes. — When a crime is a necessary
means to commit another, or when a single act constitutes two or more CRIMES, the
penalty for the most serious crime shall be imposed in its maximum period.

In case of culpa resulting in more than one crime, the offender shall be liable for
the most serious crime in its maximum period.

Light crimes committed in relation to complex crimes shall be deemed absorbed.

ARTICLE 43. Penalty to Be Imposed Upon the Principals When the Crime
Committed is Different from that Intended. — In cases in which the crime committed is
different from that which the offender intended to commit, the penalty shall be for the
lesser crime in its maximum period.

ARTICLE 44. 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 Restorative 1 or a fine ranging from
40,000 to 100,000 pesos.


ARTICLE 45.Rules for Graduating Penalties. — For the purpose of graduating
the penalties which, according to the provisions of Article 40 of this Code, are to be
imposed upon persons guilty as principals of any frustrated or attempted crime, or as
accomplices or accessories, the following rules shall be observed:

1 When the penalty prescribed for the crime 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 53 of this Code.

2. 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.

3. 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 graduated scale.

4. When the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties, the penalty next lower in degree shall be
composed of the period immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed, if possible; otherwise,
from the penalty immediately following in the above mentioned respective graduated
scale.

5. When the law prescribes a penalty for a crime in some manner not
specially provided for in the four preceding rules, the courts, proceeding by analogy,
shall impose corresponding penalties upon those guilty as principals of the frustrated
crime, or of attempt to commit the same, and upon accomplices and accessories.

SECTION TWO
Rules for the Application of Penalties with Regard to the Mitigating and Aggravating
Circumstances, and Habitual Delinquency

Penalty Penalty tobe | Penalty to be Penalty tobe _| Penalty to be
prescribed for | imposed upon | imposed upon imposed upon imposed upon
the crime the principal in | the principal in the accessory in | the accessory in

a frustrated an attempted a frustrated an attempted
crime, and the | crime, the crime and the crime
accomplice in a | accessory in the | accomplices in
consummated | consummated | an attempted
crime crime, and the crime

accomplices in a

frustrated crime.

First PUNITIVE 1 PUNITIVE 2 AFFLICTIVE 1 AFFLICTIVE 2 | CORRECTIVE 1

Case

Second | AFFLICTIVE 2 | AFFLICTIVE 1 AFFLICTIVE 2 | CORRECTIVE 1 | RESTORATIVE

Case to PUNITIVE 1 1

Third AFFLICTIVE 1 | AFFLICTIVE 2 | CORRECTIVE 1 | RESTORATIVE Fine and

Case in its in its maximum | _ in its maximum Jinits RESTORATIVE

maximum period to period to maximum period | 1 in its minimum
period to AFFLICTIVE 1 | AFFLICTIVE 2 in to and medium
PUNITIVE 1 in its medium its medium CORRECTIVE 1 periods
period period

Fourth | AFFLICTIVE 2 | CORRECTIVE | RESTORATIVE Fine and Fine

case in its Jin its 1 in its maximum | RESTORATIVE

maximum maximum period to 1 in its minimum
period to period to CORRECTIVE 1 and medium
AFFLICTIVE 1 | AFFLICTIVE 2 periods

14



inits medium | in its medium
period period

TABULATION OF THE PROVISIONS OF THE CHAPTER

ARTICLE 46. 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.

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:

i. When in the commission of the crime 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 crime, the lesser penalty shall be applied.

3. When the commission of the crime is attended by some mitigating
circumstance and there is no aggravating circumstance, the lesser penalty shall be
applied.

4. When both mitigating and aggravating circumstances attended the
commission of the crime, 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.

ARTICLE 47. 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 55 and 56, the
courts shall observe for the application of the penalty the following rules, according to
whether there are or are not mitigating or aggravating circumstances:

1 When there are neither aggravating nor mitigating circumstances, they
shall impose the penalty prescribed by law in its medium period.

Zi, 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.

5 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.

5. 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.

6. 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.

ARTICLE 48. 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 the time included in the penalty prescribed, and forming one period
of each of the three portions.

ARTICLE 49. Penalty to Be Imposed When Not All the Requisites of Exemption
of the Fourth Circumstance of Article 10 are Present— When all the conditions required

15



in circumstance number 4 of Article10 of this Code to exempt from criminal liability are
not present, the penalty of Restorative 1 in its maximum period to Corrective 2 in its
minimum period shall be imposed upon the culprit if he shall have been guilty of a grave
crime, and Restorative 1 in its minimum and medium periods, if of a less grave crime.

ARTICLE 50. Penalty to Be Imposed Upon a Person Under Eighteen Years of
Age. — When the offender is a minor under eighteen years, the following rules shall be
observed:

4; Upon a person under fifteen but over twelve (12) 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.

2. 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 51. 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 Articles 9 and 10, 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
lacking.

ARTICLE 52. Successive Service of Sentences; Exception. — When the
CONVICT has to serve two or more penalties, he shall serve them simultaneously if the
nature of the penalties will so permit; otherwise, the jail officer shall observe the
following rules:

In the service of the sentences, 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 served out.

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:

Punitive 1

Punitive 2

Afflictive 1

Afflictive 2

Corrective 1

Corrective 2

Restorative 1

Restorative 2

Restrictive

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

Public Reprimand

Notwithstanding 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 said maximum period.

‘Such maximum period shall in no case exceed forty years.

16


In applying the provisions of this rule, the duration of perpetual penalties (pena
perpetua) shall be computed at thirty years.

ARTICLE 53. 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 45 shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is
comprised the given penalty.

The courts, in applying such lower or higher penalty, shall observe the following
graduated scales:

Scale No. 1

Punitive 1
Punitive 2
Afflictive 1
Afflictive 2
Corrective 1
Corrective 2
Restorative 1
Restorative 2
Restrictive,
Public Reprimand
Fine.

a2 ©Pnonsons

23

ARTICLE 54. Preference in the Payment of the Civil Liabilities. — The civil
liabilities of a person found guilty of two or more crimes shall be governed by the
applicable provisions of the Civil Code of the Philippines.

SECTION THREE
Provision Common to the Last Two Preceding Sections

ARTICLE 55. 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 table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME
INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time
included in included in included in included in
the penalty its minimum | its medium its maximum
in its entirety | period period period

Afflictive 1 From 12 From 12 years | 16 years From 16 years
years and 1 and1 day to and 1 day to
day to 20 less than 16 20 years.
years. years.

Afflictive 2, From 6 years | From6 years | 9 years From 9 years

absolute and 1 day and 1 day to and 1 day to
disqualification and | to12 years. _| less than 9 12 years.
special temporary years.

disqualification.

Corrective 1 and 3 years and1 | From3 years | 4 years and6 | From 4 years,

‘suspension day to6 and 1 day to months 6 months and
years. less than 4 1 day to6

years and 6 years.
months.

7


Corrective 2 From 6 From 6 1 yearand3 | From 1 year 3
months and 1 | months and months months and 1
day to 3 years | one day to day to 3 years

less than 1 |
year and 3
months i

RESTORATIVE 1 | From 1 month | From 1 2 months and | From 2 |
and 1 day to6 | MONTH AND | 15 dayS months and
months. ONE DAY to 16 dayS to6

LESS THAN 2 months.
months AND
le 15 DAYS.

RESTORATIVE 2 | From 1to 30 | From 1 to 15 days. From 16 to 30

days. LESS THAN days.
15 days.

RESTRICTIVE 6 MONTHS FROM 6 1 YEAR AND | FROM 1

TO2YEARS |MONTHSTO |3 MONTHS | YEAR AND 3
LESS THAN 1 MONTHS TO.
YEAR AND 2 YEARS
THREE
MONTHS,

ARTICLE 56.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.

Whenever the penalty prescribed does not have one of the forms specially
provided for in this book, the periods shall be distributed, applying by analogy the
prescribed rules.

CHAPTER FIVE
Execution and Service of Penalties

SECTION ONE
General Provisions

ARTICLE 57. When and How a Penalty is to Be Executed. — No penalty shall be
executed except by virtue of a final judgment.

A 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.

ARTICLE 58. Prosecution Of Child Below Fifteen And Above Twelve Years Of
Age At The Time Of The Commission Of The Offense. — A person below fifteen (15)
and above twelve (12) years of age at the time of the commission of the offense who is
alleged as, accused of, or adjudged as, having committed an offense under Philippine
laws, shall be deemed a child in conflict with the law subject to the provisions of this
code and special law.

SECTION TWO
Execution of Principal Penalties

ARTICLE 59. When and How Punitive 1 Penalty is to be Executed. —Punitive 1
penalty shall be executed with preference to any other penalty and shall consist in
putting the person under sentence to death. Punitive 1 penalty shall be executed under
the authority of the Director of the Bureau of Corrections, endeavoring so far as possible
to mitigate the sufferings of the person under such sentence.

18


The authorized physician of the Bureau of Corrections, after thorough
examination, shall officially make a pronouncement of the convict's death and shall
certify thereto in the records of the Bureau of Corrections.

Punitive 1 penalty shall be carried out not earlier than one (1) year nor later than
eighteen (18) months after the judgment has become final and executory without
prejudice to the exercise by the President of his executive clemency powers at all times.

TITLE FOUR
Extinction of Criminal Liability

CHAPTER ONE
Total Extinction of Criminal Liability

ARTICLE 60. 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:

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon of the President. A pardon shall extinguish the
principal and accessory penalties, unless otherwise provided by the terms of the
pardon.

A pardon shall in no case exempt the culprit from the payment of the civil
indemnity imposed upon him by the sentence.

5. By prescription of the crime;

6. _ By the marriage of the offender to the offended party in cases of rape,
seduction, abduction and acts of lasciviousness.

7. By pardon of the offended party in cases of light crimes. however, in cases
of seduction, abduction and acts of lasciviousness, pardon by the offended party does
not extinguish criminal action, but only prevents the prosecution of these cases.

8. In case of a juridical person, criminal liability shall be extinguished by:

a. Service or execution of the penalty imposed by the court;

b. Amnesty;

c. Pardon; and

d. Prescription of crimes.

ARTICLE 61. Prescription of Crimes. — Crimes punishable by Punitive 1,
Punitive 2 or Afflictive 1 penalty or fine classified as grave penalty shall prescribe in
twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a corrective penalty or fine classified as less grave penalty
shall prescribe in ten (10) years; with the exception of those punishable by restorative 1,
which shall prescribe in five years.

Crimes punished by restorative penalties or fine classified as light penalty
prescribe in two months.

When 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.

ARTICLE 62. Computation of Prescription of Crimes. — 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
institution of the complaint with the appropriate government agency or filing of the
information with the court, 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, in accordance with the rules of court.

19


CHAPTER TWO.
Partial Extinction of Criminal Liability

ARTICLE 63.Partial extinction of Penalty. —The sentence is extinguished
partially:

1. By conditional pardon;

2. By commutation of the sentence;

3. By parole, which refers to the conditional release of an offender from a
correctional institution after he serves the minimum of the classification of the
penalty imposed; and

4. For good conduct allowances which the culprit may earn while he is undergoing
preventive detention or serving his sentence.

ARTICLE 64. Effect of Commutation of Sentence. In case of commutation of
penalties, it shall have the legal effect of substituting the length and nature
corresponding to the new penalty.

ARTICLE 65. Allowance for Good Conduct. — The allowance for good conduct
of any offender qualified for credit for preventive detention pursuant to Article 26 of this
code, or of any convicted prisoner in any penal institution, rehabilitation or detention
center or any other local jail shall be governed by this code and special laws.

ARTICLE 66. 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 his
preventive detention or the service of his sentence under the circumstances mentioned
in Article 158 of this Code, gives himself up to the authorities within forty-eight (48)
hours following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article. A deduction of two-fifths of the period
of his sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated in
Article 158 of this Code.

TITLE FIVE
Civil Liability

CHAPTER ONE
Persons Civilly Liable for CRIMES

ARTICLE 67. Civil Liability of Person Guilty of Crime. — Every person criminally
liable is also civilly liable. any provision of law or rules of court to the contrary
notwithstanding, the criminal action and the corresponding civil action for the recovery
of civil liability shall at all times be simultaneously instituted with, and jointly determined
in, the same proceeding by the appropriate court. the filing of the criminal action shall
carry with it the filing of civil action, and no right to reserve the filing of such civil action
‘separately from the criminal action shall be allowed.

For civil actions which have already been filed separately from the criminal action
but with no judgment rendered yet, and a criminal case was filed thereafter, the civil
action shall be transferred to the court where the criminal action was filed for
consolidation and joint determination; otherwise the separate civil action shall be
deemed abandoned.

ARTICLE 68. Rules Regarding Civil Liability in Certain Cases. — The exemption
from criminal liability established in subdivisions (1), (2), (3), (5), and (6) of Article 10
and in subdivision (4) of Article 9 of this Code does not include exemption from civil
liability, which shall be enforced subject to the following rules:

20


First. In cases of subdivisions (1), (2), and (3) of Article 10, the civil liability for
acts committed by a person suffering from mental disease or defect or an insane
person, and by a person twelve (12) years of age or below, or by one over twelve (12)
but under fifteen (15) years of age, who has acted without discernment, shall devolve
upon their parents or those having such person under their legal authority or control,
unless it appears that there was no fault on their part.

The civil liability for crimes committed by a minor above twelve (12) and under
fifteen (15) years of age who acted with discernment shall be satisfied primarily from the
property not exempt from execution of such minor, and secondarily by his parents,
guardian or person who have legal custody or control over him, unless such persons
had no fault.

Should there be no person having such person suffering from mental disease or
defect, insane or minor person under his authority, legal guardianship, or control, or if
such person be insolvent, said person suffering from mental disease or defect, insane,
‘or minor person shall respond with their own property, excepting property exempt from
execution, in accordance with the civil law. Likewise, the civil law shall also govern the
civil liability of a minor over twelve (12) but under fifteen (15) years of age who acted
with discernment.

Second. In cases falling within subdivision (4) of Article 9, the persons for whose
benefit the harm has been prevented shall be civilly liable in proportion to the benefit
which they may have received

The courts shall determine, in their sound discretion, the proportionate amount
for which each one shall be liable.

When 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 10, the persons
using violence or causing the fear shall be primarily liable, and in his absence, those
doing the act shall be secondarily liable, excepting property exempt from execution, in
accordance with the civil law.

ARTICLE 69. Subsidiary Civil Liability Of Proprietors Or Owners Of Hotels,
Apartelles, Restaurants, And Other Similar Establishments. — In default of the persons
criminally liable, proprietors or owners of hotels, apartelles, restaurants, and other
similar establishments, 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 regulations shall have been committed by them
or their employees.

Proprietors or owners are also subsidiarily liable for the restitution of goods taken
by robbery or theft within their houses from guests lodging therein, or for reparation,
provided that such guests shall have notified in advance the proprietor or owner himself,
or the person representing him, of the deposit of such goods within the establishment;
and shall furthermore have followed the directions which such proprietor or owner 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 proprietor’s or owner's employees.

ARTICLE 70. Subsidiary Civil Liability of Other Persons. — The subsidiary civil
liability established in the next preceding article shall also apply to persons, whether
natural or juridical, engaged in any kind of industry, for crimes committed by their
employees in the discharge of their duties.

2


CHAPTER TWO.
What Civil Liability Includes

ARTICLE 71. What is Included in Civil Liability. — The civil liability established in
articles 67, 68, 69, and 70 of this Code includes:

1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.

ARTICLE 72. Restitution — How Made. — The restitution of the thing itself must
be made whenever possible, with allowances for any deterioration or diminution of value
as determined by the court.

The thing itself shall be restored, even though it be found in the possession of a
third person who has acquired it by lawful means, reserving to the latter his action
against the proper person; who may be liable to him.

This rule is not applicable to cases where the thing has been acquired by a third
person in the manner and under the conditions which, by law, bar an action for its
recovery.

ARTICLE 73. 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.

ARTICLE 74. Indemnification — What is Included. — Indemnification for
consequential damages shall include those caused the injured party and his family in
accordance with the provisions of the Civil Code of the Philippines.

ARTICLE 75. 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.

The action to demand restoration, reparation, and indemnification likewise
descends to the heirs of the person injured.

ARTICLE 76. Share of Each Person Civilly Liable. — If there are two or more
persons civilly liable for a crime, the courts shall determine the amount for which each
must respond proportionately in accordance with their participation

ARTICLE 77. Solidary and Subsidiary Liability of Principals, Accomplices, and
Accessories. —The principals, accomplices, and accessories, each within their
respective class, shall be liable solidarily among themselves for their quotas as
determined in the sentence, and subsidiarily for those of the other persons liable.

The subsidiary liability shall be conferred, first against the property of the
principals; next, against that of the accomplices, and, lastly, against that of the
accessories.

Whenever the solidary or subsidiary liability has been enforced, the person who
made payment shall have a right to contribution from the others for the amount of their
respective shares.

ARTICLE 78.Obligation to Make Restitution in Certain Cases. — Any person who
has participated gratuitously in or unknowingly benefited from the proceeds of a crime
shall be bound to make restitution in an amount equivalent to the extent of such
participation or benefit.

22