SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
SENATE BILL NO. 1227
R E C E V E D
BILLS
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
TO ORDAIN AND INSTITUTE A NEW CRIMINAL CODE OF THE 
PHILIPPINES, REPEALING FOR THAT PURPOSE ACT NO 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND OTHER 
RELATED LAWS, AND FOR OTHER PURPOSES
Explanatory Note
The country’s basic penal law that defines criminal offenses and provides 
corresponding penalties is contained in Act No. 
otherwise known as The
Revised Penal Code (RPC), which took effect on 1 January 1932.
This 84 year old law, despite its antiquity, is still being enforced in our 
country. Since most of the provisions of the RPC have already been amended, and a 
number of them had been repealed, there is an imperative need for this Code to be 
updated in order to be responsive and relevant to the criminal justice system of the 
present time.
On 20 April 2011, the Department of Justice created the Criminal Code 
Committee (CCC), an inter-agency body composed of representatives from the 
executive, legislative and judicial branches of government such as the Supreme 
Court, the Senate and the House of Representatives, Philippine National Police, 
National Bureau of Investigation, Bureau of Immigration, Public Attorney's Office, 
Office of the Government Corporate Counsel, Office of the Solicitor General, Parole 
and Probation Administration and Land Registration Authority, among others. The 
Committee, in partnership with Hanns Seidel Foundation of Germany, was tasked 
“to study, assess and consolidate a simple, updated and modern criminal law to 
provide clarity in law enforcement and to improve the administration of justice. This 
will lead to increased access to justice especially for the marginalized sectors.”1 The 
product of the exhaustive discussions, in-depth analysis, and indefatigable efforts of 
the CCC is the proposed Criminal Code of the Philippines.
1 www.doj.gov.ph/news “DOJ completes New Criminal Code”, 19 August 2014


The key features of this bill are as follows:
1. Changes to universal the jurisdiction of crimes instead of the current 
jurisdiction based on territory, given the evolving nature of crimes, 
specifically transnational organized crime;
2. Simplifies the approach to criminalization based on conduct and not 
mental state;
3. Simplifies the categorization of crimes by eliminating the frustrated 
stage of commission of crime and accomplices in the degree of 
participation;
4. Classifies crimes into three (3) main categories, to wit: Crimes against 
the State; Crimes against Persons; and Crimes against Property.
5. There is no longer a splitting of criminal and civil actions with the civil 
remedy always embedded in the criminal action;
6. A new scale of penalties composed of five “levels”, and a level for “life 
imprisonment”, aimed at simplifying the sentencing process. Using this 
new scale, crimes can be classified easily according to their gravity, 
along with the corresponding alternative/accessory penalties and post- 
sentencing measures applicable to each level;
7. Modifying circumstances are now generically aggravating or mitigating 
without need of specific characterization for purpose of trial;
8. The prescription of crime and service of sentence is now combined;
9. Does away with gender discriminatory crimes such as adultery and 
concubinage, being mindful of one of the concluding observations of 
the United Nations Committee on Economic, Social and Cultural 
Rights2 to eliminate gender discriminatory provisions in our existing 
laws; and,
10. Creates a Criminal Justice Policy and Research Center under the 
Department of Justice to serve as the primary research arm of the 
government in evaluating and advocating for reforms in the framework 
and philosophy of the criminal justice system.
This legislative measure does not only update and codify the current penal 
laws of the country, but likewise incorporates the international best criminal law 
practices.
An effective administration of criminal justice system could only be attained if 
it can efficiently address the maladies of the society and curb the perpetration of 
crimes that is anathema to an orderly and peaceful community.
Therefore, early approval of this measure is requested.
IIEILAM. D E llIMA
2 Concluding observations on the combined fifth and sixth periodic report of the Philippines by the United 
Nations Committee on Economic, Social, and Cultural Rights adopted at its fifty-ninth session (19 September -  7 
October 
2016) 
[Available 
at 
http://www.right-to-education.org/resource/cescr-concluding-observations- 
combined-fifth-and-sixth-periodic-report-philippines]


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
SENATE BILL NO 1227
R EC EIVED
BILLS
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
TO ORDAIN AND INSTITUTE A NEW CRIMINAL CODE OF THE 
PHILIPPINES, REPEALING FOR THAT PURPOSE ACT NO 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND OTHER 
RELATED LAWS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled.
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Title I
General Principles
Chapter 1 
Applicability
SECTION 1. Title. This Act shall be known as the Criminal Code of the Philippines.
Sec. 2 No crime without law. There is no crime unless the act is defined and 
penalized by this Code or other penal laws at the time of commission.
Sec. 3. Scope. This Code shall apply to:


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A. Territoriality
1. Crimes committed within the Philippines or against a government facility of 
the Philippines abroad, including its embassy, diplomatic or consular 
premises regardless of the location of the perpetrator or when the eflects 
happen in these places;
2. It also covers those committed in an aircraft, ship or vessel of Philippine 
registry or in an aircraft, ship or vessel originating from, passing through or 
destined lor the Philippines;
B. Protection
3- Crimes committed outside the Philippines against any Philippine citizen, or 
entity registered in the Philippines, if committed against national security or 
interest or punishable by level 4 or higher crime, as defined under section 25, 
unless punishable in the place where the crime is committed;
C. Nationality
4. Crimes committed outside the Philippines by a Philippine citizen; and
D. Universality
5. Crimes committed against humanity and the law of nations.
Sec. 4. State duty. Ihe State has the primary duty to investigate and prosecute 
crimes, and impose and execute penalties.
The State shall atlord the private parties opportunities to amicably settle, restitute, 
and enter into other compromises in crimes where the penalty is lower than level 4.


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See. 5. Construetioii. Criminal laws shall be interpreted to serve the ends of 
justice.
See. 6. National law and local law. When a single act violates a national law and 
a local law, the national law shall prevail. The penalty beyond level i as defined under 
section 25, is iniposable only by national laws.
Chapter 2 
Crimes in General
Sec. 7. Crime and punishm ent. A crime is conduct defined and penalized under 
this Code or other criminal laws.
Sec. 8 . Intent and negligence. Only intentional conduct is punishable. Negligent 
conduct is punishable only when specifically provided under this Code or other laws.
Sec. 9. Acts and crimes. When a single act produces two or more crimes under 
this Code and other laws, or when a series of different acts on one occasion produce 
two or more crimes, or when a crime is a necessary means for committing another 
crime, the penalty for the most serious crime shall be meted out, the same to be 
applied in the highest duration; and the accused shall be charged in one indictment 
tor all the crimes.
See. 10. Acts and victims. Series of similar acts on the same occasion against one 
victim shall be charged as one crime. If there is more than one victim, the respondent 
shall be charged with as many crimes as there are victims.


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Sec. 11. Acts and effects. rl’he offender shall be responsible for all the effects 
arising from the commission of illegal acts.
Sec. 12. Minority. A minor is a person less than i8 years old. A person i8 years old 
or more who is unable to fully take care or protect himself / herself from abuse, 
neglect, cruelty, exploitation or discrimination because of a physical or mental 
disability or condition shall be considered a minor.
A minor 15 years old or more but less than 18 years old or a person considered a 
minor who commits a crime shall be subjected to appropriate proceedings, and if 
charged witli a crime punishable by penalty within level 5 and above, as defined 
under section 25, shall be tried as an adult and, if convicted, liable to the penalty of 
imprisonment.
A minor less than 15 years old does not incur criminal responsibility.
Sec. 13. Insanity. An insane person does not incur criminal responsibility. Insanity 
is the total deprivation of the mental ability to appreciate the criminality of one’s 
conduct.
See. 14. Defense. A person acting in self defense or in defense of another does not 
incur criminal responsibility. Defense is the action done in response to actual illegal 
attack.
Sec. 15. Lawful act. A person who, while performing a legal act with due care, 
causes an injury or damage does not incur criminal responsibility.


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See. lb. Lawful order or autliorily, A person acting under lawful order or 
authority does not incur criminal responsibility, unless such order or authority is 
clearly not for a legal purpose.
Sec. 17. Compulsion. A person compelled to act by reason of fear, intimidation, 
force, threcit or some lawful cause does not incur criminal responsibility.
See. 18. Im m inent harm . A person who, acting to avoid an imminent harm, 
causes injuiy or damage does not incur criminal responsibility.
Sec. 19. Persons responsible. A person committing a crime is either a principal 
or an accessoiy.
1. Principals are persons who commit a crime personally or through another. 
Persons who agreed to commit a crime and commit it, regardless of the nature 
or extent of participation, shall be punished as principals.
2. Accessories are persons who aid, abet or assist a principal.
See. 20. Attempt to commit a crime. An attempt is an act that leads to the 
commission of a crime. It shall be punishable only when provided by this Code or 
other criminal laws.
Sec. 21. Modifying circumstances. The two kinds of modifying circumstances 
are aggravating circutnstances and mitigating circumstances.
1. An aggravating circumstance results in the imposition of the penalty within 
the higher duration of the penalty provided due to the presence of particular 
circumstances manifesting a greater criminal perversity of the accused as
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shown in the brutal and excessive nianner or method which was consciously 
adopted to facilitate the commission of the crime; or the taking advantage of 
physical or mental disability or age to ensure impunity; or the flagrant 
disregard by the accused of special personal conditions of the victim; and 
other analogous circumstances.
2. A mitigating circumstance results in the imposition of the penalty within the 
lower duration of the penalty provided due to the presence of particular 
circumstances manifesting a lesser criminal perversity of the accused; or 
showing that he/she has a mental disability, or has acted under a diminished 
exercise ot treedom ot action, or intelligence, or is suffering from a physical or 
mental defect that restricts his/her means of action, defense or 
communication; and other analogous circumstances.
Mental disability is any mental illness, medical condition or defect 
substantially decreasing the ability to appreciate the criminality of one’s 
conduct.
A mitigating circumstance may also be appreciated in favor of the accused if 
he voluntarily surrenders to the police authorities or voluntarily pleads guilty 
before the presentation of the prosecution’s evidence in the criminal case filed 
against him/her.
3- fhe court shall consider the established facts in the appreciation of the 
modifying circumstances.


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Penalties in General
Sec. 22. Purpose of penalties. Penalties are imposed for punishment, 
reformation and rehabilitation.
Sec. 23. Civil liability. An accused convicted of a crime shall be lield civilly liable 
for damages arising fi orn the crime. An accused acquitted of a crime by reasonable 
doubt may be held civilly liable where the evidence so warrants. The civil liability 
shall not be tried and decided in any other proceeding.
Sec. 24. Kinds ot penalties. The kinds of penalties are:
1. Imprisonment is the deprivation of liberty by judicial decree through 
commitment ot the offender for a fixed duration to any correctional facility.
2. Fine is the fixed monetary sanction imposed by a judge based on the severity 
of the crime committed and the ability of the offender to pay. It is imposed 
either as a principal or alternative penalty for the commission of a crime.
3. Community service is performance of unpaid work by an offender to 
compensate the injury inflicted to society by the crime committed. It shall be 
equivalent to the number of days of the offender’s average daily income. It 
may be imposed by the court, with the consent of the offender, as an 
alternative penalty to imprisonment.
4. Disqualification or suspension permanently or for the duration of the sentence 
- deprives the offender of public office, profession or employment, elective or 
appointive, and any similar office or employment.
C hapter 3


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5- Suspension of the riglit to vote or be voted for in any election.
6. Civil interdiction for the duration of the sentence imposed - deprives the 
ollender ot parental authority over children, guardianship rights, or the right 
to manage and dispose of property.
7- hoifeituie of benefits is the di.sc[ualihcatioii of the offender from receiving any 
portion or all of the benefits due.
8. Confiscation and forfeiture of proceeds and instruments of crime is integral to 
evciy penalty. Proceeds and instruments of a crime shall be confiscated in 
favor of the State unless they belong to a third party or are not subject of 
lawful commerce.
Sec. ii5. Imposublc penalties. The penalties which may be imposed under this 
Code are the following:
Principal Penalty
Life imprisonment
Level 5
'Perm
Not less than 30 years and not more than 
40 years, with or without parole and Fine 
equivalent to 500 to 1000 times (in 
multiples of one hundred) the average daily 
income
More than 20 years to 30 years and Fine 
equivalent to 100 to 500 times (in multiples 
of one hundred) the average daily income


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Level 4
L.evel 3
More than 12 years to 20 years and Jnne 
equivalent to 10 to 100 times (in multiples 
of ten) the average daily income
More than six years to 12 years and Fine 
equivalent to 10 to 50 times (in multiples of 
ten) the average daily income
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Level 2
Level 1
Accessory Penalty 
Disqualification or suspension 
Suspension of right of suffrage
More than one year to six years and Fine 
equivalent to 10 to 20 times (in multiples of 
live) the average daily income OR Fine only 
of 50 to 100 times (in multiples of ten) the 
average daily income or 5 to 10 times the 
value of the property, whichever is higher
More than 10 days to one year and Fine 
equivalent to one to 10 times the average 
daily income OR Fine only of 10 to 50 times 
(in multiples of ten) the average daily 
income or 1 to 5 times the value of the 
property, 
whichever 
is 
higher 
OR 
community sei'vice


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Civil interdiction 
Forfeiture of benefits
Confiscation and forfeiture of proceeds and instruments of tlie crime
Subsidiary Penalty 
Community sewice
See. a6. Imposition of penalties. The imposition of penalties shall be guided by 
the following:
1. Ihe court shall impose the principal penalty and the accessory penalties, as 
applicable.
2. Fine as a principal penalty or an alternative penalty shall be equivalent to a 
multiple of the average daily income of the offender but in no case lower than 
the daily minimum wage of the place where the crime was committed, or the 
value of the property, in cases of property crimes.
3. Subsidiary penalty of community sei’vice shall be imposed when the offender 
fails to pay the fine, subject to the following conditions:
a. The offender shall render daily community service at the rate of one (1) 
day equivalent to the average daily income in the place where the crime 
was committed.
b. Community service as a subsidiary penalty shall not exceed eight (8) 
hours per day nor shall it exceed three (3) years, subject to the 
following rules:
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i. If Level 2 line is not satisfied, community sen'iee shall not exceed 
six (6) months;
ii. It the fine imposed is Level 3, community service shall not be more 
than one (1) year;
iii. If the fine imposed is Level 4, community service shall not exceed 
two (2) years; and
iv. If the fine is Level 5 and Level 6, the community service shall in no 
case be beyond three (3) years.
c. No traction ot a day shall be included in the computation.
4. Community service may be included as one of the conditions for probation in 
level 2 crimes.
5. 1 he maximum ot the imposable level shall be imposed upon repeat offenders.
6. The maximum of the imposable penalty shall be imposed upon an offender 
who escapes from confinement.
7. Probation may be availed of for level 1 and 2 crimes.
8. A first time offender of a level 1 crime may render community service upon 
application and approval of the Court.
9. The object, instrument or proceeds of the crime shall be destroyed, 
confiscated or forfeited.


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lO.'l'he court shall order the return of the property or its equivalent and 
indemnification as damages.
Sec. ay. Service of sentence. The service of sentence shall be guided by the 
following:
1. Service of sentence shall commence from the time the judgment becomes final 
and the of lender is placed in actual confinement.
2. Sentence shall be served in a government facility.
3. Preventive detention shall be credited to the term of imprisonment imposed.
4. Service of sentence shall be suspended if the offender becomes insane.
5. The penalty of two or more imprisonment terms shall be served 
simultaneously.
6. Upon service of one-half of the penalty imposed, the convict may be eligible 
for parole.
Sec. 28. Extinction of crim inal responsibility. Criminal responsibility is 
extinguished by:
1. Service of penalty — the imprisonment lor the period fixed or provided in the 
decision of the cour t and the payment of fine as provided in this Code.
2. Amnesty -  sovereign grant by which all persons, or certain groirps of persons, 
who have committed a political offense are granted immunity.
3. Absolute 1 at don — total extinction of the criminal liability of the individrral to 
whom it is gi-anted withoirt any condition, restores to the individrral his/her 
civil and political rights, and remits the penalty imposed for the particular 
offense of which he/she was corrvicted.
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4. Prescnption -  the State loses its right to prosecute after the lapse of the period 
of time allowed in this Code.
5. Amicable settlement -  agreement between the parties to settle their 
diffeiences except for crimes against the State under Title II and those 
punishable from Level 4 to life imprisonment or their equivalent under special 
laws, subject to the Court’s approval.
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See. 2 9. Diminution of eriminu! responsibility. Criminal responsibility is 
diminished by:
1. Conditional pardon — exemption ot an individual, within certain limits or 
conditions, from the punishment which the law inflicts for the offense 
committed resulting in the partial extinction of his/her criminal liability.
2. Commutation of sentence — a reduction in the period of the imposed sentence. 
3- Parole — conditional release of an oflender from a correctional institution after
he/she has served the minimum of his prison sentence.
An inmate may be placed on health parole if found to be afflicted with 
terminal illness or disease which cannot be treated while in the correctional 
facility, provided, the release will not pose great danger to the persons 
involved in the criminal case and to the community where the inmate intends 
to stay or reside.
4. Probation - conditional release of an inmate after application to the court, 
subject to conditions imposed by the court and to the supervision of a 
probation officer.
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5- Time deduction due to good conduct, loyalty and study, teaching and 
mentoring while inmate is detained or semng sentence.
Sec. 30. Prescription of crimes. The prescription of crimes shall be governed by 
the following niles:
1. Crimes punishable by life imprisonment do not prescribe. Level 5 crimes 
prescribe in 25 years. Level 4 crimes prescribe in 15 years. Level 3 crimes 
prescribe in 10 years. Level 2 crimes prescribe in five years. Level 1 crimes 
prescribe in one year.
2. 1 he period ot prescription shall run from the day the crime was committed or 
upon its discovery and no offense is charged against the offender.
3. The period of prescription shall not run when the crime is under any formal 
proceedings or investigation but shall commence again when the proceedings 
did not result in the filing of an information in court.
Sec. 31. Appeal by the State. The State may appeal from an acquittal, or when a 
criminal action is dismissed or when there is mistrial.
Sec. 32. Definition of term s. For the purpose ot consistency of criminal laws, the 
tollowing terms shall have their meanings:
1. Offended party - the State
2. Victim - a person who sustains injury or damage as a result of the commission 
of a crime.
3- Respondent - a person under investigation for the commission of a crime.
4. Accused - a person charged in court with the commission of a crime.
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5. Offender - a person who coniinils a crime.
6. Detainee - a person confined in a detention facility before promulgation of 
judgment.
7. Judgment - an order or decision issued by a court which disposes a case.
8. Penalty - the punishment for the commission of a crime which includes 
imprisonment, fine, forfeiture, damages to the offended party and the victims 
including restitution, reparation, indemnification, suspension or removal 
fioni office, disqualification from practice of profession or vocation, 
deprivation or curtailment of rights or privileges and community service.
9. Inmate -  a person sei-ving sentence of imprisonment.
10. Correctional facility — a place of confinement for inmates where reformatoiy 
measures are carried out by the State.
11. Prescription - the extinction of the right of the State to prosecute due to lapse 
of time.
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Crimes Against the State
Chapter i
Crimes Against Existence of the State 
SEC. 33. Treason. Any person who:
1. During war time, renounces his/her allegiance to the State by committing acts 
lavoring the enemy, shall be punished with life imprisonment;
2. Renounces allegiance to the State by performing an act which places the State 
in imminent threat of foreign domination or makes it dependent on a foreign 
power, shall be punished within level 5;
3- Gathers, transmits, distorts or loses information or data respecting the 
national security to the injuiy of the State or to the advantage of any group or 
foreign nation whose purpose is to cause the State's downfall, shall be 
punished within level 5;
4. Commits an act which provokes war or exposes Filipino citizens to reprisals 
on their persons or property or violates regulations issued by the Philippine 
government lor the purpose of enforcing neutrality, shall be punished within 
level 4.
It the oltender is a public officer or employee, he/she shall be punished with the 
penalty one level higher than that provided.
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Sec. 34. Rebellion. Rebellion consists of participating in, supporting, or adhering 
to an armed public uprising against the govei ninent committed under the following 
circumstances;
1. Causing the removal ot the Philippine territory or any of its part from the 
allegiance to the government or its laws shall be punished within level 5;
2. Causing the removal of any branch or unit of the armed forces or other 
government security forces from the allegiance to the government or its laws 
shall be punished within level 5;
3' Depiiving the Chief Executive, wholly or partially, of any of his/her powers or 
prerogatives shall be punished within level 5;
4. Without taking up arms or being in open hostility against the government, 
inciting others to the execution of any act of rebellion shall be punished within 
level 4.
Life imprisonment shall be imposed if the offender in paragraphs 1, 2, and 3 is a 
public officer or employee.
Sec. 35* Coui> 
et«it. Any member of the armed forces or any other government 
secuiity forces or any public officer or employee, with or without civilian support or 
participation, who attacks, threatens or intimidates the duly constituted authorities 
of the Philippines or attacks installations, utilities, equipment, facilities, or 
establishments of vital national interest for the purpose of seizing or diminishing 
state power shall be punished with life imprisonment.
An attempt to commit coup d’etat shall be punished within level 5.
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Crimes Affecting State Functions
Crimes Affecting: Enforcement of Laws
Sec. 36. Disrupting governm ent proceedings and preventing attendance 
in such proceedings. Any person wiio, through force, fraud, coercion or 
intimidation, prevents, disturbs or interrupts proceedings of government bodies 
performing legislative, quasi-legislative or quasi-judicial functions under the 
following circumstances:
1. Prevents, disturbs or interrupts the session of the Congress of the Philippines 
or the meeting of any of its committees or subcommittees, the Constitutional 
Commissions or committees or divisions thereof, or the local legislative bodies 
shall be punished within level 3;
2. 11 events a member of Congress from attending its Sessions or meetings or 
healings ot any of its committees or subcommittees, or from expressing 
his/her opinions or casting his vote shall be punished within level 2; or
3. Prevents a member ol the Constitutional Commissions or its committees or 
divisions from attending its sessions, meetings, or hearings, or from 
expressing his/her opinions or casting his vote shall be punished within level 
3-
Sec. 37. Assault ui)on authorities. Any person who assaults a person in authority 
or his/her agent performing official functions, or any person coming to the aid of 
such authorities or their agents, shall be punished within level 3.
C hapter a
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Any person who incites another to commit the crime of assault as defined in the 
preceding paragraph shall be punished within level 2.
Sec. 38. Disobedience to authorities. Any person who willfully disobeys a 
person in authority performing official functions shall be punished within level 1. 
When the act of disobedience endangers life or property, the offender shall be 
punished within level 2.
Sec. 39. Obstruction of justice. Any person who obstructs, impedes, frustrates or 
delays the apprehension ot suspects or the investigation or prosecution of criminal 
cases, or intrudes in a crime scene shall be punished within lev'el 3.
Obstruction of justice may be typically committed under the following 
circumstances:
1. Harboring, concealing, facilitating the escape, or falsilying the identity of a 
suspect, respondent, accused or offender;
2. Pieventing, directly or indirectly, witnesses trom identifying the offender,
1 epoiting the commission ot the crime, testifying in any criminal or 
administrative investigation, 
or court proceedings through bribery, 
misrepresentation, deceit, intimidation, force, threat, or by stalling the service 
ot processes or orders ot or proceeding in the National Prosecutorial Services, 
the Ombudsman or the courts.
Any person who solicits, accepts or agrees to accept any benefit to abstain 
from, discontinue, impede or cause another to abstain or discontinue from 
testifying in any criminal or administrative investigation, court proceedings or
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by stalling the service of processes or orders of or proceedings in the National 
Prosecutorial Services, the Onibudsinan or the courts shall be punished under 
this paragraph.
3. Altering, erasing, destroying, suppi-essing, concealing, falsifying, or fabricating 
any evidence, information, paper, record, document, object, traces or prints in 
a Clime scene, any investigation, or in a criminal, civil or administrative case; 
or making, using, or presenting altered, destroyed, talsified, or fabricated 
information, paper, document, object, traces or prints in a crime scene, any 
investigation, or in a criminal, civil or administrative case.
Sec. 40. 
facilitating escape of detainee or inmate. Any person who 
delibeiately oi thiough negligence removes, allows, or helps in the escape of any 
detainee or inmate shall be punished within the same level imposable upon said 
detainee oi imposed upon said inmate. This crime, when committed by a public 
officer or employee charged directly with the custody of the detainee or prisoner shall 
be punished within the next higher level than that imposable upon the detainee or 
imposed upon the prisoner.
Crimes Involving Graft and Corruption
Sec. 41. Corruption. Any public officer or employee who uses his/her public 
position for private interest or personal gain, or any person who connives with such 
public officer or employee shall be punished within level 4.
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The following acts are punishable within level 5:
1. Performs, agrees to perform, induces, influences a public officer or employee 
to peiform an act, or refuse to act on any matter pending before him/her, in 
connection with the performance of his/her official duties, in consideration of 
any offer, promise, gift, present or anything of value.
2. Directly or indirectly requests or receives any gift or anything of value for 
oneself or for any other person to:
a. consider or approve any contract or transaction between the Government 
and any other party;
b. issue any Government permit or license; or
c. perform an act requiring the approval of a board, panel or group of which 
he/she is a member even if he/she votes against the same or does not 
participate in the action thereof;
3. Enters into, in behalf of the Government, any contract or transaction 
manifestly and grossly disadvantageous to the same; approves or grants any 
license, permit, franchise, concession, privilege or benefit in favor of any 
person or representative not qualified or not legally entitled thereto; divulges 
and/or releases before the authorized date information of a confidential 
character; knowingly nominates or appoints to any public office any person 
lacking the legal qualifications therefor; receives any personal pecuniary 
interest in any specific business enterprise which will be directly and 
particularly favored or benefited by any law or resolution authored by 
him/her, previously approved, or adopted by Congress, during the same term; 
01 gives any private party any unwarranted benefits, advantage or preference 
in the discharge of his/her official functions through manifest partiality, bad 
faith or inexcusable negligence.
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Any person who participates in whatever capacity iti any of the foregoing acts shall 
sutler the same penalty as the public officer or employee.
Sec. 4 2 . Malversation. Any public officer who is accountable for public funds or 
property, or private funds or property under the custody of the law and who takes or 
misappiopriates the same, shall consent to, through abandonment or negligence, or 
allow another to take such funds or property, or apply any public fund or property to 
another use other than what the law or ordinance appropriates it for shall be guilty of 
misappropriation of such funds or property and shall be punished:
1. Within level 3, if the amount involved in the misappropriation does not exceed 
five hundred thousand pesos.
2. Within level 4, if the amount involved is more than five hundred thousand 
pesos but does not exceed five million pesos.
3- Within level 5> if the amount involved is more than five million pesos.
The following shall be prima facie evidence of misappropriation:
a. failure of a public officer to have duly forthcoming any public funds or 
property with which he is chargeable, upon demand by any duly 
authorized officer.
b. failure of any public officer, upon retirement, resignation, or any other 
mode of separation from seivice to render accounts.
c. failure of an accountable public officer, who unlawfully leaves or attempts 
to leave the country without rendering accounts.
d. failure of a public officer, under obligation to deliver Government 
piopeity 01 make payment from Government funds in his possession, to 
make such deliveiy or payment.
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Sec. 4 3* Disclosure or revelation of inform ation or property. Any public 
ollicer or employee who, by reason of their office, is in custody of, authorized to 
receive, have in their possession, comes into possession of, or is furnished with an 
information or property and without authority, opens, communicates, furnishes, 
transmits, or otherwise makes available to an unauthorized person, or publishes, or 
uses information in any manner prejudieial or detrimental to the safety or interest of 
any person or the Republic of the Philippines, its departments, offices, agencies, 
bureaus, or instrumentalities shall be punished within Level 3.
Crimes Involving Abuse of Authority
Sec. 44. Ai’bitrary restraint. Any public officer or employee who restrains any 
person without legal grounds shall be punished within level 3.
Insanity or uncontrollably violent behavior or any other ailment requiring the
compulsoiy confinement of the patient in a hospital shall be considered legal ground 
lor the detention of any person.
Sec. 45. Violation of custodial investigation rights. Any arresting or 
investigating officer who fails to inform any person arrested, detained, or under 
custodial investigation of the following rights during custodial investigation shall be 
punished within level 3:
1. Ihe light to be informed of the charge against him/her in a language known to 
him/her and understood by him/her;
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2. The right to remain silent and that any statement he/she makes may be used 
against him/lier;
3- The right to be informed that he/she may be assisted at all times by an 
independent and competent lawyer, preferably of his/her own choice and that 
if he/she has no lawyer one will be provided to him/her if he cannot afford the 
sei-vices of a lawyer;
4- Ihe right to be inlormed that whether or not he/she has an attorney no 
custodial investigation in any form shall be conducted except in the presence 
ot his/her counsel or only after a valid waiver can be made;
5- Ihe light to be inlormed that he/she has the right to waive any of these rights 
piovided the waiver is made freely and voluntarily, knowingly and 
intelligently, and that with respect to the waiver of his/her rights to a lawyer 
he/she must do so in writing in the presence of counsel othei-wise even if 
he/she insists on his/her waiver and chooses to speak his/her confession is 
still inadmissible;
6. And finally, the light to be informed that he/she may indicate in any manner 
and at any stage of the process that he/she does not wish to be questioned, 
and that when he/she makes that indication, he/she may not be interrogated 
and if this has been commenced it must cease. He/she must also be informed 
that if there was an initial waiver of his/her right to remain silent he/she can 
invoke it at any time thereafter.
1 he deliberate refusal of an arresting or investigating officer to provide a competent 
and independent counsel after the said person communicates he/she cannot afford 
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Sec. 46. Delay in turn over for inquest. Any public officer or employee who fails 
to deliver any detainee, lawfully arrested without the benefit of warrant of arrest, to 
the Ollice ol the City or Provincial Prosecutor for the conduct of inquest proceedings 
within the period of: twenty-four (24) hours for crimes or crime punished within 
levels 1, 2, and 3; and thirty-six (36) hours, for crimes or crime punishable within 
levels 4, 5, and life imprisonment, shall be punished within level 4.
See. 47. Delaying release. Any public olllccr or employee who unduly delays the 
enforcement of a judicial or executive order or the service of notice of such order to 
release a detainee or an inmate shall be punished within level 4.
Chapter 3
Crimes Against Slate Interests
Sec. 48. Organized crime. Any person who is a member of, organizes, maintains, 
assists or utilizes a group ot three or more persons for the purpose of committing or 
continuously committing a crime delined in this Code or special penal laws to gain 
pecuniary benefit, undue economic or other advantage, or political_advantage for 
oneself or any person shall be punished within level 3 without prejudice to the 
conviction and punishment for violating other sections of this Code or special penal 
laws.
Ihc oiganization and maintenance ot a private armed or organized crime group shall 
encompass any activity in which a government official or employee, or private 
person recruits for employment to operate as a private security force where: (1) in the 
case of government official or employee, there is no provision in the plantilla of
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his/her office for the employment of such number of security personnel; and (2) in 
the case of a private person, his/her occupation or profession does not warrant the 
recruitment and maintenance of security personnel. Any public official or employee 
who allows a government official or employee, or a private person as above stated 
shall be punished under this section.
Sec. 49. Illegal assemblies. Any person conducting or attending a meeting, 
whether in a fixed place or moving, among armed persons for the purpose of 
committing acts punishable by penal statutes shall be punished within level 3.
Any person conducting or attending a meeting, whether in a fixed place or moving, 
lor the purpose of inciting the audience to commit treason, rebellion, or coup d' etat 
shall be punished within level 4.
See. 50. Alarms. Any person who commits any of the following acts shall be 
punished within level 1:
1. Unlawfully challenging another person by uttering invectives resulting in the 
bleaching ot tranquility or causing public disturbance or scandalizing the 
public or creating public disorder;
2. Utteiing words producing an immediate violent or disorderly reaction in 
public;
3- Utteiing words in a public lorum which encourages disobedience to the law or 
to duly constituted authorities or which praise or justify any act punishable by 
law;
4- Willfully distuibing peace and order by maliciously producing discordant 
noises;
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5- Publicizing or causing to be publicized as news any false information, knowing 
it to be false, which may cause damage to the interest of the State or endanger 
public order; or
6. Lighting a firecracker or pyrotechnic device causing alarm among other 
persons or producing danger in public.
However, discharging ot firearms and the use ol explosives causing alarm among 
other persons or producing danger in public shall be punished within level 2.
Title 3
Crimes Against Persons 
Chapter i
Crimes Affecting Life and Involving Harm
Sec. 51. Homicide. Any person who kills another without lawful cause and not 
defined as murder shall be punished within level 5.
An attempt to commit homicide shall be punished within level 3. The same 
punishment shall be imposed if, in the course of committing any unlawful act, a
person is killed and the act is not considered as another crime under this Code or 
another law.
Any person who acts as an accessory to homicide shall be punished within level 3.
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See. 52. M urder. Any person who kills another under any of the following 
circumstances shall be punished with life imprisonment:
1. 
With evident premeditation;
2. 
Using means to weaken or avoid defense by the victim;
'faking advantage of superior strength;
Using a motor vehicle;
On occasion of fire, earthquake or any other calamity;
By means of fn-e, poison, explosion, shipwreck, derailment of a train, 
stranding of a vessel, or fall of an aircraft;
The victim is the offender’s natural or legal father or mother or child or 
spouse;
With cruelty by deliberately and inhumanly adding to the suffering of 
the victim;
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In consideration of a prize, reward, promise or other base motives.
An attempt to commit murder shall be punished within level 4.
Any person who acts as accessory to murder shall be punished within level 4.
Sec. 53. Abortion. Any person who terminates the pregnancy of any woman with 
violence and without her consent shall be punished within level 3.
If the abortion is committed without violence and with her consent, the act shall be 
punished within level 2.
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It the abortion is committed by the woman herself or her parents, the act shall be 
punished within level i.
It the abortion is committed without violence by another person and without her 
consent, the act shall be punished within level 2.
An attempt to commit abortion shall be punished within level i.
Any person who acts as an accessory to abortion shall be punished within level i.
Sec. 54. Itajjc. Any person who:
1. IhioLigh force, threat, or intimidation; when the victim is deprived of reason 
or otherwise unconscious; by means of fraudulent machination or grave abuse 
of authority; or when the victim is under twelve (12) years of age; commits an 
act ot sexual inteicouise or sexual assault upon another non-consenting 
person, by having his penis or any other object or instrument touch or 
insei ted into the victim s genital, anus or mouth, shall be punished within 
level 5.
An attempt to commit rape under this sub-section shall be punished within 
level 3.
Any person who acts as accessory to rape under this sub-section shall be 
punished within level 3.
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2. Rape coin milted uiidei- any of the following aggravating circumstances shall 
be punished with life imprisonment:
a. Whenever the rape is committed with the use of a deadly weapon or by 
two or more persons;
b. When by reason or on the occasion of the rape, the victim becomes 
insane;
c. When by reason or on the occasion of the rape, homicide is committed;
d. When the victim is under eighteen (i8) years of age and the offender is 
a parent, ascendant, step-parent, guardian, relative by consanguinity or 
atfinity within the third civil degree, or the common-law spouse of tlie 
parent of the victim;
e. When the victim is under the custody of the police or military 
authorities or any law enforcement or penal institution;
f. When the rape is committed in full view of the spouse, parent, any of 
the children or other relatives within the third civil degree of 
consanguinity of the victim;
g. When the victim is a religious engaged in legitimate religious vocation 
or calling and is personally known to be such by the offender before or 
at the time of the commission of the crime;
h. When the victim is a child below seven (7) years old;
i. When the offender knows that he is afflicted with the Human Imnumo- 
Deficiency Virus (HIV) or Acquired Immune Deficiency Syndrome 
(AIDS) or any other sexually transmissible disease and the virus or 
disease is transmitted to the victim;
j. When committed by any member of the Armed Forces of the 
Philippines or para-militaiy units thereof or the Philippine National
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Police or any law enlbrcenient agency or penal institution, when the 
offender took advantage of his position to facilitate the commission of 
the crime;
k. When by reason or on the occasion of the rape, the victim has suffered 
permanent physical mutilation or disability;
l. When the victim is pregnant at the time ot the commission of the 
crime; and,
m. When the victim is suttcring from mental disability, emotional disorder 
and/or physical handicap at the time of the commission of the crime.
An attempt to commit rape under this sub-section shall be punished within 
level 4-
Any person who acts as accessory to rape under this sub-section shall be 
punished within level 4.
Sec. 55. M olestation. Any person who commits an act that subjects or exposes 
another to unwanted or improper sexual advances or activity shall be punished 
within level 2.
It the victim is a child, the penalty shall be within level 3.
Sec. 56. Physical assault.
1. Any person who physically assaults another without inflicting any physical 
injuries shall be punished within level 1.
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2. If the assault results in physical injury, the penalty shall depend on the extent 
of injuiy caused, as follows:
a. If the injury incapacitates the victim from performing his/her usual labor 
or requiring medical attendance for a period not exceeding g days, the 
penalty shall be within level i.
b. If the injury incapacitates the victim from performing his/her usual labor 
or requiring medical attendance for a period of at least lo days and not 
exceeding 30 days, the penalty shall be within level 2.
c. It the injury causes the victim to lose any body part or its use, or 
incapacitates the victim from performing his/her usual labor or requiring 
medical attendance for a period exceeding 30 days the penalty shall be 
within level 3.
d. If the injury causes the victim to become insane, imbecile or impotent, the 
penalty shall be within level 3.
Any person who acts as accessory to physical assault under this sub-section 
shall be punished within level 1.
Sec. 57. Reckless conduct.
1. Any pel son who causes the physical injuries ot another through negligence or 
by reason of inexcusable lack of precaution while performing a lawful act, 
shall be punished within level 2.
2. Any person who causes the death of another through reckless imprudence or 
by reason ot inexcusable lack of precaution while performing a lawful act shall 
be punished within level 3.
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Chapter 2
Crimes Against Liberty and Security 
Sec. 58. Kidnai)ping.
1. Any person who kidnaps or detains another without lawful cause shall be 
punished within level 5.
An attempt to kidnap or detain under this sub-section shall be punished 
within level 4.
Any person wiio acts as accessory to kidnapping under this sub-section shall 
be punished within level 4.
2. Kidnapping shall be punished with life imprisonment if any of the following 
circumstances is present:
a. Ihe of lender demands any money or other forms of consideration to end 
the detention;
b. Ihe oflender threatens to kill, injure or continue to detain another person 
to compel a third party, namely: a State, an international or 
inteigovernmental organization, a natural or juridical person, or groups of 
pel sons, to do or abstain Irom doing any act as an explicit or implicit 
condition for the release of the person detained;
c. The victim is a minor, a woman or a person deprived of normal mental or 
physical abilities;
d. The duration of the detention lasted for more than three days.
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An attempt to commit kidnapping under this sub-section shall be punished 
within level 5.
Any person who acts as accessory to kidnapping under this sub-section shall 
be punished within level 5.
Sec. 59. Illegal arrest. Any person who arrests another without a warrant of 
ancst or under circumstances not considered as lawful warrantless arrests shall be 
punished within level 3.
Sec. 60. Illegal search.
1. Any person who obtains a search warrant without just cause or with a 
misrepresentation as to any of the elements lor obtaining a search warrant foi' 
implementation, either by himself/herself or through another, shall be 
punished within level 1.
2. Any person who legally obtains a search warrant but exceeds the authority 
stated in said warrant shall be punished within level 1.
3. Any person who implements a search warrant and conducts a search and 
seizure without the presence ol the lawful occupant of the premises searched 
01 any member of his/her family, or, in case of premises without any 
occupant, without the presence ol at least two witnesses residing in the 
locality, shall be punished within level 2.
Sec. 61. 1 lireats. Any person who threatens another with the infliction of wrong or 
harm to the latter’s person, family, honor or property, shall be punished as follows:
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1. If the till eat is subject to a condition or any monetary consideration, if carried 
out amounts to a crime, or it done in writing or using another person, the 
penalty shall be within level 2.
2. Any person who threatens another to publish a libel against the latter or any 
member of the latter s family unless compensation in money or other valuable 
consideration is paid, shall be punished within level 3.
3. If the threat is done using a weapon, the penalty shall be within level 1.
Sec. 62. Coercion. Any person who compels another to perform an act or to 
render service, except when authorized by law, or prevents another from performing 
an act not otherwise proliibited by law shall be punished as follows:
1. If the compulsion of service is not a single occurrence, and the period of the 
compulsion is for a continuous service perpetually or for a period of time, the 
penalty shall be within level 3.
2. If the compulsion is done by means of violence, or consists of the performance 
ot a religious act or the prevention of its performance, the penalty shall be 
within level 2.
3. If the compulsion to render service is for the purpose of payment of a debt, 
monetary or otherwise, the penalty shall be within level 1.
See. 63. Irespassing. Any person who, not being authorized by law, enters the 
premises of another without permission or against the will of the lawful occupant 
shall be punished as follows:
1. If the offender is a public olficer who is not authorized by a court order, the 
penalty shall be within level 2.
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2. If the offender commits any act of force, violence or intimidation and the same 
does not amount to another crime, the penalty shall be within level 2,
3- It the trespassing is committed without violence and intimidation, the penalty 
shall be within level i.
1 respassing is excused when the entry is made for the purpose of ijreventing some 
serious harm, or for the purpose of rendering some humanitarian service.
Chapter 3
Crimes Involving M arriage
Sec. 64. Bigamy. Any legally married person who contracts another marriage shall 
be punished within level 3.
See. 65. Infidelity. Any married person who engages in a sexual act with a person 
other than the spouse shall be punished within level 2.
Title 4
Crimes Against Property
Chapter 1 
Theft
Sec. 66. llieft. Any person who, with intent to gain, takes or appropriates any 
personal property belonging to another without the latter’s consent shall be guilty of 
theft and shall be penalized as follows;
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1. It the value ot the property stolen does not exceed 2,000 times the highest 
minimum daily wage rate prevailing in the country at the time of commission 
of the crime, the penalty shall be within level 1.
2. If the value ot the property stolen exceeds 2,000 but does not exceed 5,000 
times the highest minimum daily wage rate prevailing in the country at the 
time of commission of the crime, the penalty shall be within level 2.
3- 11 the value ot the property stolen exceeds 5,000 times but does not exceed 
14,000 times the highest minimum daily wage rate prevailing in the country at 
the time of the commission of the crime, the penalty shall be within level 3.
4. If the value of the property stolen exceeds the last mentioned amount, the 
penalty shall be the highest number of years in level 3, and additional one year 
of imprisonment shall be imposed upon the olfender for every 4,000 times the 
highest minimum wage rate in excess of the first mentioned amount, but the 
total penalty that may be imposed shall not exceed twenty years.
Any person who attempts to commit theft under this sub-section shall be 
punished within level 2.
1 eisonal property may include gas, electricity, software, business, services and 
electronic data.
Sec. 67. Serious theft.
1. A serious case of thelt occurs if the olfender steals —
a. By breaking into enclosed premises or space using special, extraordinary, 
01 violent means, disguise, or similar method or strategy; by exploiting the 
helplessness ot another person, a calamity, an accident, or a common
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dunger; in a inaiinci’ that puts the victim or his/her family in grave 
economic situation; or on a commercial basis;
b. Property dedicated to religious worship or veneration or from a church or 
space used lor the practice of religion; anything of significance to science, 
art or history or technical development; stored or transmitted electronic 
data; electrical energy; firearm, explosive, or other military weapon; or 
property pi otected by a sealed container or other protective equipment; or
c. With grave abuse of confidence.
2. Except in case of fii earm, explosive, or other military weapon, an especially 
serious case of robbery shall be excluded under sub-section (a) if the property 
has a value of not more than twice the highest minimum wage rate prevailing 
at the time and in the place of commission of the crime.
The offender in serious theft shall be punished within level 4.
Any person who attempts to commit serious theft shall be punished within level 3.
Chapter 2 
Robbery
Sec. 68. Robbery.
1. Any person who, with intent to gain, takes or appropriates personal property 
belonging to another with force, violence against, or intimidation of person 
shall be punished within level 4.
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2. When by means of violence against or intimidation of persons, the property 
taken consists of any real property or when real rights are usurped in real 
properties belonging to another, the offender shall be punished within level 4.
Any person who attempts to commit robbery shall be punished within level 3.
Sec. 69. Serious robbery. Serious i-obbery occurs when the offender:
1. Carries or uses a weapon or other dangerous instrument during the 
commission of the crime, or during its commission (i) seriously abuses 
another person physically; or (ii) places another person in danger of death;
2. lakes part, together with three or more armed offenders, in the commission of 
the crime with violence against or intimidation of any person.
The offender who commits serious robbeiy shall be punished witliin level 5.
Any person who attempts to commit serious robbery shall be punished within level 4.
Any person who is present at the commission of robbery with violence against or 
intimidation of any person shall be punished as principal of any of the assaults 
committed, unless it is shown that he attempted to prevent the same.
Any person, who acts as an accessory to the crime under subsection (b) shall be 
punished within level 4.
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Uiilawiul destruction or damage of properties
Sec. 70. Arson. Any person who unlawfully sets fire or burns any property shall be 
punished within level 3.
Sec. 71* Serious arson. Serious arson occurs if the offender, by hiniself/herself or 
with another person, burns:
1. Any building devoted to public utilities, or of inflammable or explosive 
materials, or of public or private ownership, devoted to the public in general;
2. Any mode of transportation or conveyance for public use, entertainment or 
leisure;
3- Any building to conceal or destroy evidence of a crime, conceal bankruptcy or 
commit fraud;
4. Any property resulting in the death of a person;
5. Any property the value of which is 100,000 times the minimum daily wage 
rate in the place where the crime is committed; or
6. Any building or structure referred above, as a consequence of burning any 
other property.
The offender who commits serious arson shall be punished within level 5.
Sec. 72. Damage to property. Any person who destroys or damages any property, 
the value of which does not exceed 5,000 times the highest minimum daily wage rate
prevailing in the countiy at the time of commission of the crime, shall be punished 
not exceeding level 2.
C h ap ter 3
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Sec. 73. Serious damage to proijerty. It is serious damage to property when the 
offender:
1. Causes damage exceeding 5,000 times the highest minimum daily wage rate 
prevailing in the countiy at the time of commission of the crime;
2. Causes damage to property rendered useless, inoperative or ineffective for its 
intended economic purpose;
3. Damages any cultural property as determined by the National Historical 
Commission, property in the custody of the National Library, any archive or 
registry, or any property for public use or enjoyment;
4- Causes 
damage 
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waterworks, 
public 
or 
railway 
transport, 
or 
telecommunication utilities;
5. Introduces a disease to livestock; or
6. Cuts, gathers, removes or smuggles, in violation of existing laws, rules, and 
regulations, timber or other forest products.
I’he offender who commits serious damage to property shall be punished within level 
3-
If the damage shall result in any derailment of cars or trains, collision or other 
accident, the penalty to be imposed shall be within level 4.
The electric wires, traction cables, cellular sites, and other public utility machines
shall be deemed to constitute an integral part of a railway and telecommunications 
system.
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Chapter 4 
Fraud
Sec. 74. Fraud. Any person who intentionally or deliberately misrepresents, alters 
or conceals the truth, with or without the use of a scheme or artifice to induce 
another to rely on it to part with money, anything of value or to surrender a legal or 
property right or any material benefit shall liable for fraud and shall suffer the 
penalty of imprisonment within level 2 and fine. Fraud typically occurs when the 
offender -
1. Issuing check without sufficient funds. Any person who draws or issues any 
check to apply on account or for value, knowing at the time of issue tliat there 
is insufficient funds in or credit with the drawee bank for the payment of such 
check in full upon its presentment, which check is subsequently dishonored by 
the drawee bank for insufficiency of funds or credit or would have been 
dishonored for the same reason had the drawer, without any valid reason, 
ordered the bank to stop payment shall be punished within level 1 or a fine of 
not less than equal or more than double the amount of the check which shall 
in no case exceed 15,000 times the highest minimum wage rate in the 
Philippines at the time when the crime was committed;
2. Having sufficient funds in or credit with a drawee bank when he/she makes or 
draws and issues a check, fails to keep sufficient funds or to maintain a credit 
to cover the full amount of the check if presented within 90 days from the date 
appearing on the check, for which reason it is dishonoured;
3. Damages the property of another by influencing the result of a data processing 
operation through incorrect configuration of a program, use of incorrect or 
incomplete data, unauthorized use of data or other unauthorized influence on
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the course of the processing or writes a computer program for material 
benefit, or procures them for oneself or another, offers them for sale, or holds 
or supplies them to another for illegal purposes;
Damages, destroys, impairs the usefulness of, disposes of or supplies to 
another an object which is insured against destruction, damage, impairment 
of use, loss or theft in order to obtain for oneself or a third party a payment 
from the insurance; or
4* Uses fictitious name or assumes a false identity; or pretends — (i) to possess 
power, 
influence, 
authority, credit, agency, business or imaginary 
transactions; (ii) to have particular qualifications of another; or (iii) to have, 
or to be entitled to act in, a particular capacity by making a pretense to the 
damage of another. A jierson assumes a false identity if the person pretends to 
be, oi passes oneself off as some other person. The other person may be living 
or dead; real or fictional; natural or corporate.
Sec. 75. Serious Traud. A serious case of fraud shall be punished within level 3 if 
the offender -
1. Abuses powers or position as a public official;
2. Causes a major financial loss to a large number of persons, particularly the 
poor, the oppressed and the marginalized, or puts them in danger of financial 
loss by the continued commission of fraud; places another person in financial 
hardship; defrauds a bank or banking institution; or
3- Acts on a coinmeicial basis or as a member of a gang or legal entity the 
purpose of which is the continued commission of forgery, counterfeiting or 
fiaiid, pelpetrates fraud against a government, its processes, obligations and 
securities, or accountable documents; undermines judicial or official
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Proceedings, oi when the Iraud or falsity is made betore a competent person 
authorized to administer an oath or affirmation.
Sec. 76. fra u d  involving civil status. Any person who causes alteration of, 
confusion 01 doubt on the civil status of another shall be punished within level 3.
Any peison who usurps the civil status of another for the purpose of defrauding the 
victim or his heirs shall be punished within level 3; otherwise, the penalty within 
level 2 shall be imposed.
Sec. 77. Forgery. Any person who, for the purpose of deception, pi oduces, ftilsely 
makes, alters, counterfeits, talsities, passes oft or offers to pass, as true and genuine, 
any bill, coin or obligation document knowing them to be false, altered, forged, or 
counterfeited shall be liable for forgeiy and shall suffer the penalty within level 2.
The attempt shall be punishable within level 1.
Sec. 78. Serious forgeiy. Serious forgery, which shall be punished within level 3, 
occurs if the offender:
1. Commits forgery on a commercial basis or as a member of a gang organized 
for the purpose;
2. Causes major financial loss;
3. Substantially endangers the security of legal commerce through a large 
number of counterfeit money or falsified documents; or
4. Abuses his/her powers or his/her position as a public official.
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Sec. 79. Falsilicalion.
1. Any person shall suiter the penalty within level 2 when he/she:
a. 1 ainpers, forges, or imitates any handwriting or signature;
b. Makes it appear that persons have participated in any act or proceeding 
when they never really did;
c. Ascribes to someone who participated in an act or proceeding statements 
other than those they actually made;
d. Falsely states something in a narration of facts;
e. Alters, erases, obliterates, deletes, removes or destroys a true entry in a 
record;
1. Adds anything to or removes anything from a genuine document that 
changes its meaning as a result;
g. I loduces a document in a genuine form and passes it up as an original 
copy when no such original exists, or ineludes in such a copy a statement 
contraiy to, or dillerent from the genuine original; or
h. Inseits any instrument or note regarding its issuance in a protocol, 
registry, or official book.
Any attempt shall be punishable within level i.
Any person who possesses or uses a falsified document is presumed to have falsified 
it.
Sec. 8o. Serious fulsilicutioii. Serious lalsification, which shall be punished
within level 3, occurs when the acts enumerated in the preceding section is 
committed by:
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!• Any person, in relation to a public instrument or any document formally 
offered or used in any litigation or arbitration;
2. An unauthorized person with respect to any bill, resolution or ordinance 
enacted or approved or pending approval by either local or national 
legislature;
3. A public onicer or employee, or a notary, who takes advantage of his official 
position in committing the falsification;
4. Any person with respect to any record or document that may affect a person’s 
civil status;
5- A physician or surgeon in relation to an issued medical certificate; or
6. A person who forges the signature of the President of the Philippines.
Chapter 5
Breach or Abuse of Trus t
Sec. 81. Breach or abuse of trust. Any person who abuses the power accorded 
him/her by statute, by commission of a public authority or legal transaction to 
dispose of assets of another or to make binding agreements for another, or violates 
his/her duty to safeguard the property interests of another incumbent upon him/her 
by reason of statute, commission of a public authority, legal transaction or fiduciaiy 
lelationship, and thereby causes damage to the person, whose property interests 
he/she was responsible for shall be penalized within level 3.
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'I'itlc 5
rhinal Provision
See. 82, Transitory provision. rrhe Code does not apply to crimes committed 
prior to its effective date and prosecution for such crimes shall be governed by the 
prior law which is continued in effect for that purpose as if this Code were not in 
force. For the purposes of this section, a crime was committed prior to the effective 
date of the Code if any of the elements of the crime occurred prior thereto.
Sec. 83. Laws repealed. The lollowing laws or provisions of laws are repealed:
1. Revised Penal Code (Act No. 3815, as amended)
2. Indeterminate Sentence Law (Act No. 4103, as amended)
3. Probation Law of 1976 (Presidential Decree No. 968, as amended)
4. An Act Providing for Enforcement of Conditions of Pardon (Act No. 1524)
5- An Act to Establish Periods ot Prescription for Violations Penalized by Special 
Acts and Municipal Ordinances and to Provide When Prescription Shall Begin 
to Run (Act No. 3326)
6. Article 192, Child and Youth Welfare Code (Presidential Decree No. 603)
7. Section 66, Comprehensive Dangerous Drugs Act of 2002 (Republic Act No.
9165)
8. Sections 6, 7 and 20 of Republic Act No. 9344 - Juvenile Justice Welfare Act of 
2006
9. Section 66 of Republic Act No. 9165 - Comprehensive Dangerous Drugs Act of 
2002
10. Section 5 of Republic Act No. 9372 - Human Security Act of 2007
11. Section 22 of Republic Act No. 9745 - Anti-Torture Act of 2009
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12. Republic Act No. 10159 - An Act Amending Article 39 of Act No. 3815, as 
Amended
13. Section 12 Republic Act No. 8484 - Access Devices Regulation Act of 1998
14. Commonwealth Act 217 - Act Amending Articles 6i, 70 and 71 of the Revised 
Penal Code
All other laws and issuances not consistent with the provisions of this Code are 
hereby repealed.
See. 8 4 . Continuing research. A Criminal Justice Policy and Research Center is 
created under the Department of Justice as the national criminal policy and research 
center with the following functions:
1. Sei’ves as the primary research arm of the government in evaluating and 
advocating for reforms in the framework and philosophy of the criminal 
justice system;
2. I lovides analysis, evaluation and assistance to criminal Justice agencies;
3- Adopts simple, modern and inter-disciplinary, holistic and systems approach;
4- Employs both empirical and theoretical methods to address gaps in statistical 
data, working definitions and common usage fields in the criminal justice 
system;
5. Simplifies processes and develop systems to improve the governance and 
administration of the criminal justice system; and
6. Provides for guidelines in the implementation of this Code during the 
transitory stage.
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See. 85- Separabilily. If any portion of this Code, or its application to any person 
oi ciicumstance, is declared unconstitutional, the remaining unaffected portions or 
the application of such portion to other persons or circumstances shall remain in full 
force and effect.
Sec. 8 6 . Effectivity. This Act shall take effect fifteen (15) days after its complete 
publication in at least two (2) national newspapers of general circulation.
Api) roved.
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