1 
NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
EXPLANATORY NOTE 
The Revised Penal Code (RPC), together with its subsequent amendments and other 
special penal laws, forms the backbone of our Criminal Justice System. In order to strengthen 
it, updating, revising and reconciling it with the various laws that constitute our criminal laws 
is essential. 
The RPC was passed based on societal, technological, and economic conditions that 
prevailed almost a century ago. With the changing social dynamics and the massive 
technological advances that have taken place since then, the RPC has become antiquated. 
Piecemeal amendments subsequently enacted attempt to remedy this, but were not in 
themselves sufficient to bring a ninety-year-old Criminal Code in line with the times. 
At the same time, with more than ten thousand (10,000) Republic Acts passed, and 
their prosecution often made without prejudice to one’s prosecution under the RPC and other 
special penal laws, the enforcement of our criminal laws has become cumbersome and 
vulnerable to individual discretion and abuse. 
Thus, the proposed Code of Crimes endeavors: (a) to consolidate the RPC with 
relevant special penal laws into a single Code; (b) to reconcile and unify overlapping penal 
laws and repeal superfluous ones as needed; and (c) to update them in accordance with 
current international best practices and the emerging needs of society today. 
Book One covers the General Principles in the application of the proposed Code. Most 
significantly, it proposes a new system of straight penalties that modifies the application of the 
Indeterminate Sentence Law.1 Book Two covers all crimes and penalties in our jurisdiction 
and includes significant mala prohibita and mala in se crimes. It now contains fifteen (15) 
Titles, including one for Cybercrimes. 
By simplifying and modernizing the general principles of Criminal Law and 
consolidating and updating the RPC’s enumeration of Crimes, the proposed Code of Crimes 
of the Philippines embodies our country’s pursuit of a comprehensive and holistic 
reengineering of the Philippine Criminal Justice System. 
In view thereof, the passage of this measure is earnestly sought. 
 RUFUS B. RODRIGUEZ 
1 Act No. 4103 
February 10, 2023
3:47 pm
7140


2 
NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
AN ACT 
AMENDING ACT NO. 3815 OR AN ACT REVISING THE PENAL CODE AND OTHER 
PENAL LAWS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
BOOK ONE 
GENERAL PROVISIONS 
Preliminary Title 
APPLICATION OF THE PROVISIONS OF THIS CODE 
Art. 1. Title. — THIS ACT SHALL BE KNOWN AS “THE PHILIPPINE CODE OF CRIMES (OR 
THE CODE OF CRIMES OF THE PHILIPPINES).” 
Art. 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 INTRODUCE 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 
Art. 3. Definition. — CRIME IS AN ACT OR OMISSION 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. 
Art. 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 OR SHE intended. 
7140


 
 
 
3 
 
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.  
 
Art. 
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 OR HER own spontaneous 
desistance. 
 
Art. 6. When Light CRIMES are Punishable. — Light CRIMES are punishable only when they 
are consummated.  
 
Art. 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 (25) 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. (As amended by 
R.A. No. 10951) 
 
Art. 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 
 
Art. 9. Justifying Circumstances. — The following do not incur any criminal liability:  
 
1. 
Anyone who acts in defense of his OR HER 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 OR 
HERSELF. 
 
 
2. 
Anyone who acts in defense of the person, HONOR or rights of his OR HER 
spouse, ascendants, descendants, brothers or sisters, or of his OR HER relatives by affinity 
in the same 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 


4 
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. (5) Any person who acts in the fulfillment of a duty or in the lawful exercise of
ONE’S right or FUNCTION. 
7. (6)  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. 
Art. 10. Circumstances Which Exempt from Criminal Liability. — The following are exempt 
from criminal liability:   
1.
THOSE SUFFERING FROM MENTAL DISORDER OR DEFECT DEPRIVING
HIM OR HER OF HIS OR HER INTELLIGENCE OR REASON AT THE TIME OF THE 
COMMISSION OF THE CRIME. 
2.
A person FIFTEEN years of age OR BELOW. (As amended by R.A. No. 9344)
3.
A person ABOVE FIFTEEN years of age and under EIGHTEEN ACTING
WITHOUT DISCERNMENT. 
4 (5-6). 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 
Art. 11. Mitigating Circumstances. — The following are mitigating circumstances: 
1.
Those mentioned in ARTICLES 9 (11) AND 10 (12), 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 FIFTEEN YEARS OF AGE AND under EIGHTEEN
ACTING WITH DISCERNMENT or over seventy. 
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 OR 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 OR
HER agents. 


 
 
 
5 
 
8. 
THAT THE OFFENDER voluntarily PLEADED guilty TO THE OFFENSE 
CHARGED before THE PRESENTATION OF THE PROSECUTION EVIDENCE. 
 
9 (8). That the offender is deaf and dumb, blind or otherwise suffering FROM some 
physical defect which restricts his OR HER means of action, defense, or communication with 
his OR HER fellow beings.  
 
10 (9). Such illness THAT would diminish the exercise of REASON OR 
INTELLIGENCE OF THE OFFENDER. 
 
11 (10). 
Any other circumstance of a similar nature OR analogous to those 
above mentioned. 
 
Chapter Four 
CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY 
 
Art. 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 OR 
HER 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 (3) (4). 
That the CRIME be committed with abuse of confidence or obvious 
ungratefulness. 
 
5 (4) (5). 
That the crime be committed in the RESIDENCE of the PRESIDENT, 
or in his OR HER presence, or IN PUBLIC OFFICES where public FUNCTIONS ARE 
discharged, or in a place dedicated to religious worship. 
 
6 (5) (6). 
That the crime be committed DURING nighttime, or in an uninhabited 
place, whenever such circumstances may facilitate the commission of the CRIME.  
 
7 (6) (7). 
That the OFFENDER TOOK ADVANTAGE OF A conflagration, 
shipwreck, earthquake, TYPHOON, epidemic or other calamity. 
 
8 (7) (9 and 10). 
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 (8) (11). 
That the crime be committed WITH EVIDENT PREMEDITATION.  
 
10. 
That the crime be committed in consideration of a price, reward or promise.  
 
11 (9) (12). 
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 (10) (14 and 15). That advantage be taken of superior strength.  
 
13.  
THAT CRAFT, FRAUD, OR DISGUISE BE EMPLOYED.  
 
14 (11) (16). That the act be committed with treachery (alevosia). 
 
 
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 (12) (17 and 21). That THE CRIME BE COMMITTED WITH CRUELTY. 
 
16. That the crime be committed with ignominy. 
 
17 (13) (18). 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.  


 
 
 
6 
 
19 (14) (19). That as a means to the commission of a crime a wall, roof, floor, door, or 
window be broken. 
 
20 (15) (6 and 20). That the crime be committed BY A BAND OR BY ANY PERSON 
WHO BELONGS TO 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. (16) (8 and 20) 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.  
 
Art. 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:  
 
 
1. 
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. 
 
2. 
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 OR HER 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 OR SHE 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 OR SHE 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 OR SHE 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 THIRTY years.  
 
 
For purposes of this article, a person shall be deemed to be habitual delinquent if HE 
OR SHE HAS BEEN PREVIOUSLY CONVICTED OF GRAVE OR LESS GRAVE crimes 
WITH AFFLICTIVE PENALTIES AND BELOW a third time or oftener.  


 
 
 
7 
 
Title Two 
PERSONS CRIMINALLY LIABLE FOR CRIMES 
 
Art. 14. Who are Criminally Liable. — CRIMINAL LIABILITY MAY BE INCURRED BY 
NATURAL PERSONS. CRIMINAL LIABILITY OF JURIDICAL PERSONS SHALL ONLY 
ATTACH IN THE INSTANCES AND MANNER INDICATED UNDER THIS CODE AND BY 
SPECIAL LAWS. 
 
The following are criminally liable for grave and less grave CRIMES:  
 
1. 
Principals. 
 
2. 
Accomplices. 
 
3. 
Accessories. 
 
The following are criminally liable for light CRIMES: 
 
1. 
Principals. 
 
2. 
Accomplices. 
 
Art. 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 CONCERNING THE COMMISSION OF A CRIME AND DECIDE TO COMMIT 
IT. 
 
Art. 16. Accomplices. — Accomplices are those persons who, not HAVING ACTED AS 
PRINCIPALS, cooperate in the execution of the CRIME by previous or simultaneous acts.  
 
Art. 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 OR SHE KNOWS, OR SHOULD BE KNOWN TO HIM OR HER, 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. 
 
Art. 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, 


 
 
 
8 
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 
 
Art. 19. Penalties that May Be Imposed. — No CRIME shall be punishable by any penalty not 
prescribed by law prior to its commission.   
 
LIKEWISE, WHEN STRICT APPLICATION OF THE PROVISIONS OF THIS CODE WOULD 
RESULT IN THE IMPOSITION OF AN UNJUST 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, OR REFER TO THE CONGRESS FOR 
AMENDMENT OF THE PENALTY. 
 
Art. 20. CONSTRUCTION of CRIMINAL Laws. —CRIMINAL LAWS ARE PROSPECTIVE IN 
APPLICATION. THEY SHALL HAVE A RETROACTIVE EFFECT WHEN FAVORABLE TO 
THE OFFENDER UNLESS OTHERWISE PROVIDED BY LAW.  
 
Chapter TWO 
CLASSIFICATION OF PENALTIES 
 
Art. 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 


 
 
 
9 
 
 
RESTORATIVE 2 
 
COMMUNITY SERVICE 
RESTRICTIVE  
PUBLIC REPRIMAND 
 
 Penalty common to the FOUR preceding classes: 
Fine 
 
Art. 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. 
 
Art. 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 
 
Art. 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 
 


10 
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 
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 
Art. 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 OR HER 
sentence. 
Art. 26. Period of preventive imprisonment. — THE PERIOD OF PREVENTIVE 
IMPRISONMENT SHALL BE DEDUCTED FROM THE SENTENCE CONSISTING OF 
DEPRIVATION OF LIBERTY except WHEN THE OFFENDER ESCAPES DURING THE 
PERIOD OF PREVENTIVE DETENTION.   
WHEN THE PREVENTIVE IMPRISONMENT SHALL HAVE EXCEEDED THE MAXIMUM OF 
THE PRESCRIBED 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 


 
 
 11 
Art. 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. 
 
Art. 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. 
 
Art. 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 OR HER disqualification.   
 
Art. 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 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 OR HER suspension. 
 
Art. 31. Civil Interdiction. — Civil interdiction shall deprive the offender during the time of his 
OR HER 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 OR HER property and 
of the right to dispose of such property by any act or any conveyance inter vivos.  
 
Art. 32. Pecuniary Liabilities — Order of Payment. — In case the property of the offender 
should not be sufficient for the payment of all his OR HER pecuniary liabilities, the same shall 
be met in the following order:  
 
1. 
The reparation of the damage caused. 
 
2. 
Indemnification of consequential damages. 
 
3. 
The fine. 
 
Art. 33. Subsidiary Penalty. — If the convict has no property with which to PAY the PENALTY 
OF fine CLASSIFIED AS GRAVE CRIME, he OR SHE 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 OR SHE SHALL RENDER COMMUNITY 
SERVICE OF NOT LESS THAN 1 MONTH BUT NOT MORE THAN 4 MONTHS; AND FOR 


 
 
 12 
FINE CLASSIFIED AS LIGHT CRIME, HE OR SHE SHALL RENDER COMMUNITY 
SERVICE OF NOT MORE THAN 30 DAYS. 
 
Section Three. — Penalties in Which Other Accessory Penalties are Inherent 
 
Art. 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.  
 
Art. 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.  
 
Art. 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.  
 
Art. 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.  
 
Art. 38. RESTORATIVE 1 AND RESTORATIVE 2 penalties — Its Accessory Penalties. — 
RESTORATIVE 1 AND RESTORATIVE 2 penalties shall carry with THEM that of suspension 
of the right to hold office and the right of suffrage during the term of the sentence.  
 
Art. 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 
 
Art. 40. 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. 


 
 
 13 
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. 
 
Art. 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. 
 
Art. 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 IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT, OR LACK OF 
SKILL 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.  
 
Art. 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.  
 
Art. 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 OR HER, the court, having in mind the social 
danger and the degree of criminality shown by the offender, shall impose upon him OR HER 
the penalty of RESTORATIVE 1 or a fine ranging from  40,000 to  100,000 pesos. 
 
Art. 45. Rules for Graduating Penalties. — For the purpose of graduating the penalties which, 
according to the provisions of Article 40 (50 to 57) 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 (71) of this Code. 
 
2. 
When the penalty prescribed for the crime is composed 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 indivisible 
penaltY 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.  


 
 
 14 
 
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 
TABULATION OF THE PROVISIONS OF THE CHAPTER 
 
 
Art. 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.   
 
Art. 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 (76) and 56 (77), 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. 
 
2. 
When only a mitigating circumstance is present in the commission of the act, 
they shall impose the penalty in its minimum period. 
 
3. 
When only an aggravating circumstance is present in the commission of the 
act, they shall impose the penalty in its maximum period. 
 
4. 
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. 
 
Penalty 
prescribed for 
the crime 
Penalty to be 
imposed upon 
the principal in a 
frustrated crime, 
and the 
accomplice in a 
consummated 
crime 
Penalty to be 
imposed upon the 
principal in an 
attempted crime, 
the accessory in 
the consummated 
crime, and the 
accomplices in a 
frustrated crime 
Penalty to be 
imposed upon the 
accessory in a 
frustrated crime 
and the 
accomplices in an 
attempted crime
 
 
Penalty to be 
imposed upon the 
accessory in an 
attempted crime 
First 
Case 
PUNITIVE 1 
PUNITIVE 2 
AFFLICTIVE 1 
AFFLICTIVE 2 
CORRECTIVE 1 
Second 
Case 
AFFLICTIVE 2 
to PUNITIVE 1 
AFFLICTIVE 1 
AFFLICTIVE 2 
CORRECTIVE 1 
 
RESTORATIVE 1 
Third 
Case 
AFFLICTIVE 1 
in its maximum 
period to 
PUNITIVE 1 
AFFLICTIVE 2 in 
its maximum 
period to 
AFFLICTIVE 1 in 
its medium 
period 
CORRECTIVE 1 in 
its maximum 
period to 
AFFLICTIVE 2 in 
its medium period 
RESTORATIVE 1 
in its maximum 
period to 
CORRECTIVE 1 
Fine and 
RESTORATIVE 1 
in its minimum 
and medium 
periods 
Fourth 
case 
AFFLICTIVE 2 
in its maximum 
period to 
AFFLICTIVE 1 
in its medium 
period 
CORRECTIVE 1 
in its maximum 
period to 
AFFLICTIVE 2 in 
its medium 
period 
RESTORATIVE 1 
in its maximum 
period to 
CORRECTIVE 1 
Fine and 
RESTORATIVE 1 
in its minimum 
and medium 
periods 
Fine 


 
 
 15 
 
5. 
When there are two or more mitigating circumstances and no aggravating 
circumstances are present, the court shall impose the penalty next lower IN DEGREE 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. 
 
7. 
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. 
 
Art. 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.  
 
Art. 49. Penalty to Be Imposed When Not All the Requisites of Exemption of the Fourth 
Circumstance of Article 10 (12) are Present.— When all the conditions required in 
circumstance number 4 of article 10 (12) 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 OR SHE shall have been guilty of a 
grave CRIME, and RESTORATIVE 1 in its minimum and medium periods, if of a less grave 
CRIME.  
 
Art. 50. Penalty to Be Imposed Upon a Person Under Eighteen Years of Age. — When the 
offender is a minor 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. 
 
Art. 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 (11) and 
10 (12), provided that the majority of such conditions be present. The courts shall impose the 
penalty in the period which may be deemed proper, in view of the number and nature of the 
conditions of exemption present or lacking.   
 
Art. 52. Successive Service of Sentences; Exception. — When the CONVICT has to serve 
two or more penalties, he OR SHE 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 


 
 
 16 
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 OR HER. No other penalty to which he OR 
SHE 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. 
In applying the provisions of this rule, the duration of perpetual penalties 
(penaperpetua) shall be computed at thirty years.  
 
Art. 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 
(61) 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 
1. 
PUNITIVE 1 
2. 
PUNITIVE 2 
3. 
AFFLICTIVE 1 
4. 
AFFLICTIVE 2 
5. 
CORRECTIVE 1 
6.  
CORRECTIVE 2 
7.        RESTORATIVE 1 
8. 
RESTORATIVE 2 
9. 
RESTRICTIVE, 
10.      PUBLIC REPRIMAND 
11. 
Fine.  
 
Art. 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 
 
Art. 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 
included in 
the penalty in 
its entirety 
Time included 
in its 
minimum 
period 
Time 
included in 
its medium 
period 
Time included 
in its 
maximum 
period 
AFFLICTIVE 1  
From 12 years 
and 1 day to 
20 years. 
From 12 years 
and 1 day to 
LESS THAN 
16 years. 
16 years 
From 16 years 
and 1 day to 
20 years. 


 
 
 17 
AFFLICTIVE 2, 
absolute 
disqualification and 
special temporary 
disqualification. 
From 6 years 
and 1 day to 
12 years. 
From 6 years 
and 1 day to 
LESS THAN 9 
years. 
9 years  
From 9 years 
and 1 day to 
12 years. 
CORRECTIVE 1 
and suspension  
3 YEARS and 
1 day to 6 
years. 
From 3 
YEARS and 1 
day to LESS 
THAN 4 years 
and 6 months. 
4 years AND 6 
months  
From 4 years, 
6 months and 
1 day to 6 
years. 
CORRECTIVE 2  
FROM 6 
MONTHS 
AND 1 DAY 
TO 3 YEARS 
FROM 6 
MONTHS AND 
ONE DAY TO 
LESS THAN 1 
YEAR AND 3 
MONTHS 
1 YEAR AND 
3 MONTHS 
FROM 1 YEAR 
3 MONTHS 
AND 1 DAY 
TO 3 YEARS 
RESTORATIVE 1  
From 1 month 
and 1 day to 6 
months. 
From 1 
MONTH AND 
ONE DAY to 
LESS THAN 2 
months AND 
15 DAYS. 
2 months and 
15 dayS  
From 2 months 
and 16 dayS to 
6 months. 
RESTORATIVE 2 
From 1 to 30 
days. 
From 1 to 
LESS THAN 
15 days. 
15 days. 
From 16 to 30 
days. 
RESTRICTIVE 
6 MONTHS 
TO 2 YEARS 
FROM 6 
MONTHS TO 
LESS THAN 1 
YEAR AND 
THREE 
MONTHS 
1 YEAR AND 
3  MONTHS 
FROM 1 YEAR 
AND 3  
MONTHS TO 
2 YEARS 
 
Art. 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 
 
Art. 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. 
 
Art. 58. PROSECUTION OF CHILDREN IN CONFLICT WITH THE LAW. — CHILDREN IN 
CONFLICT WITH THE LAW SHALL BE PROCEEDED AGAINST IN ACCORDANCE WITH 
THIS CODE, SPECIAL LAWS, AND APPLICABLE RULES. 
 
 


 
 
 18 
Section Two. — Execution of Principal Penalties 
 
Art. 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.  
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 OR HER executive clemency powers at all times.  
 
Title Four 
EXTINCTION OF CRIMINAL LIABILITY 
 
Chapter One 
TOTAL EXTINCTION OF CRIMINAL LIABILITY 
 
Art. 60. How Criminal Liability is Totally Extinguished. — Criminal liability is totally 
extinguished:  
 
 
1. 
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 the terms of the pardon OTHERWISE 
PROVIDE.  
 
 
A pardon shall in no case exempt the culprit from the payment of the civil indemnity 
imposed upon him OR HER 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 EXPRESS 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. COMPLIANCE WITH OR EXECUTION OF THE PENALTY;  
B. AMNESTY; 
 
C. PARDON; AND 
 
D. PRESCRIPTION OF CRIMES.  
 
9. PROBATION. 
 
Art. 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. 


 
 
 19 
Those punishable by a CORRECTIVE penalty OR FINE CLASSIFIED AS LESS 
GRAVE PENALTY shall prescribe in ten 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.  
 
Art. 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 OR HER, IN ACCORDANCE WITH THE RULES OF COURT.  
 
Chapter Two 
PARTIAL EXTINCTION OF CRIMINAL LIABILITY 
 
Art. 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 OR SHE SERVES THE 
MINIMUM OF THE CLASSIFICATION OF THE PENALTY IMPOSED; and 
 
4. 
For good conduct allowances which the culprit may earn while he OR SHE is 
undergoing preventive imprisonment or serving his OR HER sentence.  
 
Art. 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.  
 
Art. 65. Allowance for Good Conduct. — The ALLOWANCE FOR good conduct of any 
offender qualified for credit for preventive imprisonment pursuant to Article 26 (29) 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. 
 
Art. 66. Special Time Allowance for Loyalty. — A deduction of one fifth of the period of his OR 
HER sentence shall be granted to any prisoner who, having evaded his OR HER preventive 
imprisonment or the service of his OR HER sentence under the circumstances mentioned in 
Article ____ (158) of this Code, gives himself OR HERSELF 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 
OR HER sentence shall be granted in case said prisoner chose to stay in the place of his OR 
HER confinement notwithstanding the existence of a calamity or catastrophe enumerated in 
Article (158) of this Code. 
This Article shall apply to any prisoner whether undergoing preventive imprisonment 
or serving sentence.  
 
Title Five 
CIVIL LIABILITY 
 
Chapter One 
PERSONS CIVILLY LIABLE FOR CRIMES 


 
 
 20 
 
Art. 67. Civil Liability of Person Guilty of CRIME. — Every person criminally liable is ALSO 
civilly liable.  
 
Art. 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 (12) and in subdivision 
(4) of article 9 (11) of this Code does not include exemption from civil liability, which shall be 
enforced subject to the following rules:  
First. In cases of subdivisions (1), (2), and (3) of article 10 (12), the civil liability for acts 
committed by A PERSON SUFFERING FROM MENTAL DISEASE OR DEFECT OR AN 
insane person, and by a person FIFTEEN years of age OR BELOW, or by one over FIFTEEN 
but under EIGHTEEN 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 
AND UNDER FIFTEEN YEARS OF AGE WHO ACTED WITHOUT DISCERNMENT SHALL 
BE SATISFIED PRIMARILY FROM THE PROPERTY NOT EXEMPT FROM EXECUTION OF 
SUCH MINOR, AND SECONDARILY BY HIS OR HER PARENTS, GUARDIAN OR PERSON 
WHO HAS LEGAL CUSTODY OR CONTROL OVER THE MINOR, UNLESS SUCH 
PARENTS, GUARDIAN OR PERSON HAD NO FAULT. 
Should there be no person having such PERSON SUFFERING FROM MENTAL 
DISEASE OR DEFECT, insane or minor PERSON under his OR HER 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 FIFTEEN BUT UNDER EIGHTEEN YEARS OF AGE WHO ACTED WITH 
DISCERNMENT. 
Second. In cases falling within subdivision (4) of article 9 (11), the persons for whose 
benefit the harm has been prevented shall be civilly liable in proportion to the benefit which 
they may have received.  
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 (12), the persons 
using violence or causing the fear shall be primarily liable, and IN THEIR ABSENCE, THOSE 
DOING THE ACT SHALL BE secondarily LIABLE, excepting property exempt from execution, 
in accordance with the civil law. 
 
Art. 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 HERSELF, or the person representing him OR HER, of the deposit of such goods 
within the ESTABLISHMENT; and shall furthermore have followed the directions which such 


 
 
 21 
PROPRIETOR OR OWNER or his OR HER 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.  
 
Art. 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.  
 
Chapter Two 
WHAT CIVIL LIABILITY INCLUDES 
 
Art. 71. What is Included in Civil Liability. — The civil liability established in articles 67 (100), 
68 (101), 69 (102), and 70 (103) of this Code includes:  
 
 
1. 
Restitution; 
 
2. 
Reparation of the damage caused; 
 
3. 
Indemnification for consequential damages.  
 
Art. 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 OR HER action 
against the proper person who may be liable to him OR HER. 
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. 
 
Art. 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.  
 
Art. 74. Indemnification — What is Included. — Indemnification for consequential damages 
shall include those caused the injured party AND HIS OR HER FAMILY IN ACCORDANCE 
WITH THE PROVISIONS OF THE CIVIL CODE OF THE PHILIPPINES.  
 
Art. 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. 
 
Art. 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.  
 
Art. 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 ENFORCED, 
first against the property of the principals; IN DEFAULT THEREOF, against THE PROPERTY 
of the accomplices, and, lastly, against THE PROPERTY of the accessories. 


 
 
 22 
Whenever the SOLIDARY OR subsidiary liability has been enforced, the person WHO 
MADE payment shall have a right TO CONTRIBUTION FROM the others for their respective 
shares.  
 
Art. 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.  
 
Chapter Three 
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY 
 
Art. 79. Extinction of Civil Liability. — Civil liability established in articles 67 (100), 68 (101), 
69 (102), and 70 (103) of this Code shall be extinguished in the same manner as other 
obligations, in accordance with the provisions of the Civil Law.  
 
Art. 80. Obligation to Satisfy Civil Liability. — Except in case of extinction of his OR HER civil 
liability as provided in the next preceding article, the offender shall continue to be obliged to 
satisfy the civil liability resulting from the crime committed by him OR HER, notwithstanding 
the fact that he OR SHE has served his OR HER sentence consisting of deprivation of liberty 
or other rights, or has not been required to serve the same by reason of amnesty, pardon, 
commutation of sentence, or any other reason. 


 
 
 23 
BOOK TWO 
CRIMES AND PENALTIES 
Title One 
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 
Chapter One 
CRIMES AGAINST NATIONAL SECURITY 
Section One 
TREASON AND ESPIONAGE 
Article 81. Treason. - Any Filipino citizen who LEVIES war against the REPUBLIC OF THE 
Philippines or adheres to ITS enemies giving them aid or comfort, shall be punished by 
PUNITIVE 2 TO PUNITIVE 1 and shall pay a fine not to exceed Four million pesos (P4,000,000). 
 
OVERT ACTS DONE IN FURTHERANCE OF TREASON AS DEFINED IN THE PRECEDING 
PARAGRAPH ARE DEEMED ABSORBED. 
 
FOREIGNERS ACTING IN CONSPIRACY WITH ANY FILIPINO WHO COMMITS TREASON 
SHALL BE HELD LIABLE AND PUNISHED UNDER THIS CODE.* 
Article 82. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or 
proposal to commit the crime of treason shall be punished respectively, by AFFLICTIVE 2 and 
a fine not exceeding Two million pesos (P2,000,000), and CORRECTIVE 1 and a fine not 
exceeding One million pesos (P1,000,000). 
Article 83. Misprision of treason. - A FILIPINO CITIZEN WHO, having knowledge of any 
conspiracy TO COMMIT TREASON, conceals or does not disclose and make known the same, 
as soon as possible TO PERSONS IN AUTHORITY OR THEIR AGENTS, shall be punished 
BY CORRECTIVE 1. 
 
THE PENALTY ONE DEGREE LOWER THAN THE PENALTY FOR TREASON SHALL BE 
IMPOSED ON PERSONS IN AUTHORITY OR THEIR AGENTS WHO, UPON RECEIVING 
INFORMATION OF THE ANY CONSPIRACY OR A PROPOSAL TO COMMIT TREASON, 
FAILS TO ACT APPROPRIATELY ON THE SAME.  
 
IF THE TREASON SUBJECT OF THE CONSPIRACY OR PROPOSAL REPORTED WAS 
ACTUALLY COMMITTED, THE PERSON IN AUTHORITY SHALL BE PUNISHED WITH THE 
SAME PENALTY AS THAT FOR TREASON. 
 
PERSONS IN AUTHORITY IN THIS CASE SHALL MEAN ANY PERSON DIRECTLY VESTED 
WITH JURISDICTION, WHETHER AS AN INDIVIDUAL OR AS A MEMBER OF SOME COURT 
OR GOVERNMENTAL CORPORATION, BOARD OR COMMISSION.  ANY PERSON WHO, 
BY DIRECT PROVISION OF LAW OR BY ELECTION OR BY APPOINTMENT BY 
COMPETENT AUTHORITY, IS CHARGED WITH THE MAINTENANCE OF PUBLIC ORDER 
AND THE PROTECTION AND SECURITY OF LIFE AND PROPERTY, AND ANY PERSON 
WHO COMES TO THE AID OF PERSONS IN AUTHORITY, SHALL BE DEEMED AN AGENT 
OF A PERSON IN AUTHORITY. 
Article 84. Espionage. - The penalty of CORRECTIVE 1 shall be inflicted upon any person 
who: 
 
1. Without authority, SHALL COPY, REMOVE, DISCLOSE TO, OR OTHERWISE DEAL WITH 
UNAUTHORIZED PERSONS OR FOREIGN INTERESTS ACTING AGAINST THE 


 
 
 24 
PHILIPPINE GOVERNMENT, OR ATTEMPT OR INDUCE ANOTHER TO OBTAIN, COPY, 
REMOVE OR DISCLOSE TO UNAUTHORIZED PERSONS OR FOREIGN GOVERNMENTS 
ANY INFORMATION, PLANS, PHOTOGRAPHS, OR ANY OTHER DATA OF A 
CONFIDENTIAL NATURE RELATIVE TO THE NATIONAL DEFENSE AND SECURITY, 
ECONOMIC SECURITY, NATIONAL PUBLIC HEALTH OR SAFETY, OR ANY COMBINATION 
OF THOSE MATTERS, OF THE REPUBLIC OF THE PHILIPPINES, INCLUDING BUT NOT 
LIMITED TO:  
 
 
(A) INFORMATION CONCERNING ANY VESSEL, AIRCRAFT, WORK OF DEFENSE, 
MILITARY STATION, MILITARY BASE, COALING STATION, FORT, BATTERY, DOCKYARD, 
CANAL, ROADS, CAMP, FACTORY, MINE, TELEGRAPH, TELEPHONE, WIRELESS 
COMMUNICATION EQUIPMENT, OR SIGNAL STATION, BUILDING, OFFICE OR OTHER 
PLACE CONNECTED WITH NATIONAL DEFENSE UNDER THE CONTROL OF OR WITHIN 
THE JURISDICTION OF THE REPUBLIC OF THE PHILIPPINES OF ANY OF ITS OFFICERS 
OR AGENTS; AND 
 
 
(B) INFORMATION CONCERNING ANY VESSEL, AIRCRAFT, ARMS, MUNITIONS, 
OR OTHER MATERIALS OR INSTRUMENTS FOR  THE USE IN TIME OF WAR BEING 
MADE, PREPARED, REPAIRED, OR STORED, UNDER ANY CONTRACT OR AGREEMENT 
WITH THE REPUBLIC OF THE PHILIPPINES, OR WITH ANY PERSON ON BEHALF OF THE 
PHILIPPINE GOVERNMENT; 
 
2. Being in possession, by reason of the public office he holds, of the articles, data, or 
information referred to in the preceding paragraph, discloses their contents to a representative 
of a foreign national; or 
 
3. WITHOUT OR IN EXCESS OF AUTHORITY, OR WITHOUT COURT ORDERS, 
ACCESSES, INTERCEPTS, OR INTERFERES WITH INSTRUCTION, COMMUNICATION, 
DATA, OR ANY INFORMATION THROUGH INFORMATION AND COMMUNICATIONS 
TECHNOLOGY MEDIA, OF A CONFIDENTIAL NATURE AS ENUMERATED IN PARAGRAPH 
1 OF THIS ARTICLE. 
 
ACCESS SHALL MEAN COMMUNICATION WITH, STORING DATA IN, RETRIEVING DATA 
FROM, OR OTHERWISE USING ANY RESOURCES OF AN INFORMATION AND 
COMMUNICATIONS TECHNOLOGY NETWORK. 
 
INTERCEPTION SHALL MEAN LISTENING TO, RECORDING, MONITORING OR 
SURVEILLANCE OF THE CONTENT OF COMMUNICATIONS, INCLUDING PROCURING OF 
THE CONTENT OF DATA, EITHER DIRECTLY THROUGH ACCESS AND USE OF A 
COMPUTER SYSTEM, OR INDIRECTLY THROUGH THE USE OF ELECTRONIC 
EAVESDROPPING OR TAPPING DEVICES, AT THE SAME TIME THAT THE 
COMMUNICATION IS OCCURRING. 
 
INTERFERENCE CAN PERTAIN TO EITHER DATA OR SYSTEM INTERFERENCE. DATA 
INTERFERENCE SHALL MEAN THE INTENTIONAL OR RECKLESS ALTERATION, 
DAMAGING, DELETION, DETERIORATION OF COMPUTER DATA, ELECTRONIC 
DOCUMENT, OR ELECTRONIC DATA MESSAGE WITHOUT RIGHT, INCLUDING 
INTRODUCTION OR TRANSMISSION OF VIRUSES. SYSTEM INTERFERENCE SHALL 
MEAN 
THE 
INTERNATIONAL 
ALTERATION 
OR 
RECKLESS 
HINDERING 
OR 
INTERFERENCE WITH THE FUNCTIONING OF A COMPUTER OR A COMPUTER 
NETWORK BY INPUTTING, TRANSMITTING, DAMAGING, DELETING, DETERIORATING, 
ALTERING OR SUPPRESSING COMPUTER DATA OR PROGRAM, ELECTRONIC 
DOCUMENT, OR ELECTRONIC DATA MESSAGE WITHOUT RIGHT OR AUTHORITY, 
INCLUDING THE INTRODUCTION OR TRANSMISSION OF VIRUSES. 


 
 
 25 
 
The penalty next higher in degree shall be imposed if the offender is A FILIPINO, OR a public 
officer or employee, OR OTHERWISE BENEFITS FROM THE ACT. 
 
Section Two 
PROVOKING WAR AND DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES IN CASE 
OF WAR 
 
Article 85. Inciting to war or giving motives for reprisals. - The penalty of AFFLICTIVE 1 
shall be imposed upon any public officer or employee, and that of AFFLICTIVE 2 upon any 
private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war 
AGAINST ANOTHER COUNTRY involving or liable to involve the REPUBLIC OF THE 
PhilippineS or UNDULY exposes Filipino citizens to reprisals on their persons or property. 
 
Article 86. Violation of neutrality. - The penalty of CORRECTIVE 1 shall be inflicted upon 
anyone who, on the occasion of a war in which the REPUBLIC OF THE PHILIPPINES is not 
involved, violates any regulation issued by THE PHILIPPINE GOVERNMENT for the purpose 
of enforcing neutrality. 
 
Article 87. Other Acts Of Disloyalty. -  
(1) THE PENALTY OF AFFLICTIVE 2 SHALL BE INFLICTED UPON ANYONE WHO, ON THE 
OCCASION OF A NON-INTERNATIONAL ARMED CONFLICT IN WHICH THE REPUBLIC OF 
THE PHILIPPINES IS INVOLVED, COMMITS ANY OF THE FOLLOWING ACTS: 
 
(A) WILLFULLY MAKE OR CONVEY FALSE REPORTS OR FALSE STATEMENTS WITH THE 
INTENT TO INTERFERE WITH THE OPERATION OR SUCCESS OF THE MILITARY, NAVAL, 
OR AIR FORCES OF THE PHILIPPINES; OR 
 
(B) WILLFULLY CAUSE OR ATTEMPT TO CAUSE INSUBORDINATION, DISLOYALTY, 
MUTINY, OR REFUSAL OF DUTY IN THE MILITARY, NAVAL, OR AIR FORCES OF THE 
PHILIPPINES TO PROMOTE THE SUCCESS OF ITS ENEMIES; OR 
 
(C) WILLFULLY OBSTRUCT THE RECRUITMENT OR ENLISTMENT SERVICE OF THE 
PHILIPPINES, TO THE INJURY OF THE SERVICE OF THE PHILIPPINES.  
 
(2) THE PENALTY OF AFFLICTIVE 2 SHALL BE INFLICTED UPON ANYONE WHO, IN TIME 
OF PEACE, WITH THE INTENT TO INTERFERE, IMPAIR, OR INFLUENCE THE LOYALTY, 
MORAL, OR DISCIPLINE OF THE PHILIPPINE MILITARY, COMMITS ANY OF THE 
FOLLOWING ACTS: 
 
(A) ADVISE, COUNSEL, URGE, OR IN ANY MANNER CAUSE INSUBORDINATION, 
DISLOYALTY, MUTINY, OR REFUSAL OF DUTY OF ANY MEMBER OF THE PHILIPPINE 
MILITARY; OR 
 
(B) DISTRIBUTE ANY WRITTEN OR PRINTED MATTER WHICH ADVISES, COUNSELS, OR 
URGES INSUBORDINATION, DISLOYALTY, MUTINY, OR REFUSAL OF DUTY OF ANY 
MEMBER OF THE PHILIPPINE MILITARY. 
 
THE PENALTY NEXT HIGHER IN DEGREE SHALL BE IMPOSED IF THE OFFENDER IS A 
PUBLIC OFFICER OR EMPLOYEE. 
 


 
 
 26 
ANY ACT COVERED IN THIS PROVISION COMMITTED IN THE CONTEXT OF WAR SHALL 
BE TRIED UNDER TREASON OR REBELLION. 
 
Article 88. Flight to enemy country. - The penalty of RESTORATIVE 1  shall be IMPOSED 
upon any person who, owing allegiance to the REPUBLIC OF THE PHILIPPINES, attempts to 
flee or go to an enemy country UNLESS DULY AUTHORIZED BY THE PRESIDENT. 
 
CHAPTER TWO 
CRIMES AGAINST THE LAW OF NATIONS 
 
Section ONE 
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE, AND OTHER 
CRIMES AGAINST HUMANITY 
 
Article 89. War Crime In Times Of International Armed Conflict. - THE PENALTY OF 
PUNITIVE 1 SHALL BE IMPOSED UPON ANY PERSON WHO, IN CASE OF AN 
INTERNATIONAL ARMED CONFLICT INVOLVING THE REPUBLIC OF THE PHILIPPINES, 
COMMITS ANY OF THE FOLLOWING ACTS AGAINST PERSONS OR PROPERTY 
PROTECTED UNDER INTERNATIONAL HUMANITARIAN LAW: 
 
 
(A) WILLFUL KILLING; 
 
(B) 
TORTURE 
OR 
INHUMAN 
TREATMENT, 
INCLUDING 
BIOLOGICAL 
EXPERIMENTS; 
 
(C) WILLFULLY CAUSING GREAT SUFFERING, OR SERIOUS INJURY TO BODY 
OR HEALTH; 
 
(D) EXTENSIVE DESTRUCTION AND APPROPRIATION OF PROPERTY NOT 
JUSTIFIED BY MILITARY NECESSITY AND CARRIED OUT UNLAWFULLY AND 
WANTONLY; 
 
(E) WILLFULLY DEPRIVING A PRISONER OF WAR OR OTHER PROTECTED 
PERSON OF THE RIGHTS OF FAIR AND REGULAR TRIAL; 
 
(F) ARBITRARY DEPORTATION OR FORCIBLE TRANSFER OF POPULATION OR 
UNLAWFUL CONFINEMENT; 
 
(G) TAKING OF HOSTAGES; 
 
(H) COMPELLING A PRISONER OF WAR OF OTHER PROTECTED PERSON TO 
SERVE IN THE FORCES OF A HOSTILE POWER; OR 
 
(I) UNJUSTIFIABLE DELAY IN THE REPATRIATION OF PRISONERS OF WAR OR 
OTHER PROTECTED PERSONS. 
 
Article 90. War Crime In Times Of Non-International Armed Conflict. - THE PENALTY OF 
[PUNITIVE 1]  SHALL BE IMPOSED UPON ANY PERSON WHO, IN CASE OF A NON-
INTERNATIONAL ARMED CONFLICT INVOLVING THE REPUBLIC OF THE PHILIPPINES, 
COMMITS ANY OF THE FOLLOWING ACTS AGAINST PERSONS OR PROPERTY 
PROTECTED UNDER INTERNATIONAL HUMANITARIAN LAW: 
 
(A) SERIOUS VIOLATIONS OF COMMON ARTICLE 3 TO THE FOUR (4) GENEVA 
CONVENTIONS OF 12 AUGUST 1949, NAMELY, ANY OF THE FOLLOWING ACTS 
COMMITTED AGAINST PERSONS TAKING NO ACTIVE PART IN THE 
HOSTILITIES, INCLUDING MEMBER OF THE ARMED FORCES WHO HAVE LAID 
DOWN THEIR ARMS AND THOSE PLACED HORS DE COMBAT BY SICKNESS, 
WOUNDS, DETENTION OR ANY OTHER CAUSE; 


 
 
 27 
(B) VIOLENCE TO LIFE AND PERSON, IN PARTICULAR, WILLFUL KILLINGS, 
MUTILATION, CRUEL TREATMENT AND TORTURE; 
(C) COMMITTING OUTRAGES UPON PERSONAL DIGNITY, IN PARTICULAR, 
HUMILIATING AND DEGRADING TREATMENT; 
(D) TAKING OF HOSTAGES; OR 
(E) THE PASSING OF SENTENCES AND THE CARRYING OUT OF EXECUTIONS 
WITHOUT 
PREVIOUS 
JUDGMENT 
PRONOUNCED 
BY 
A 
REGULARLY 
CONSTITUTED COURT, AFFORDING ALL JUDICIAL GUARANTEES WHICH ARE 
GENERALLY RECOGNIZED AS INDISPENSABLE. 
 
Article 91. Genocide. - THE PENALTY OF PUNITIVE 1  SHALL BE IMPOSED UPON ANY 
PERSON WHO, WITH THE INTENT TO DESTROY, IN WHOLE OR IN PART, A NATIONAL, 
ETHNIC, RACIAL, RELIGIOUS, SOCIAL, OR ANY OTHER SIMILAR STABLE AND 
PERMANENT GROUP, COMMITS ANY OF THE FOLLOWING ACTS: 
 
(A) KILLING MEMBERS OF THE GROUP; 
(B) CAUSING SERIOUS BODILY OR MENTAL HARM TO THE MEMBERS OF THE 
GROUP; 
(C) DELIBERATELY 
INFLICTING 
ON 
THE 
GROUP 
CONDITIONS 
OF 
LIFE 
CALCULATED TO BRING ABOUT ITS PHYSICAL DESTRUCTION IN WHOLE OR IN 
PART; 
(D) IMPOSING MEASURES INTENDED TO PREVENT BIRTHS WITHIN THE GROUP; 
OR 
(E) FORCIBLY TRANSFERRING CHILDREN OF THE GROUP TO ANOTHER GROUP. 
 
THE PENALTY NEXT LOWER IN DEGREE SHALL BE IMPOSED ON ANY PERSON WHO 
DIRECTLY AND PUBLICLY INCITES OTHER TO COMMIT GENOCIDE. 
 
Article 92. Other Crimes Against Humanity. - THE PENALTY OF PUNITIVE 2 SHALL BE 
IMPOSED UPON ANY PERSON WHO COMMITS OR ORDERS/DIRECTS THE 
COMMISSION OF ANY OF THE FOLLOWING ACTS AS PART OF A WIDESPREAD OR 
SYSTEMATIC ATTACK DIRECTED AGAINST ANY CIVILIAN POPULATION:  
 
(A) WILLFUL KILLING; 
(B) EXTERMINATION; 
(C) ENSLAVEMENT; 
(D) ARBITRARY DEPORTATION OR FORCIBLE TRANSFER OF POPULATION;  
(E) IMPRISONMENT OR OTHER SEVERE DEPRIVATION OF PHYSICAL LIBERTY IN 
VIOLATION OF FUNDAMENTAL RULES OF INTERNATIONAL LAW; 
(F) TORTURE; 
(G) RAPE, SEXUAL SLAVERY, ENFORCED PROSTITUTION, FORCED PREGNANCY, 
ENFORCED STERILIZATION, OR ANY OTHER FORM OF SEXUAL VIOLENCE OF 
COMPARABLE GRAVITY; 
(H) PERSECUTION AGAINST ANY IDENTIFIABLE GROUP OR COLLECTIVITY ON 
POLITICAL, RACIAL, NATIONAL, ETHNIC, CULTURAL, RELIGIOUS, GENDER, 
SEXUAL ORIENTATION OR OTHER GROUNDS THAT ARE UNIVERSALLY 
RECOGNIZED 
AS 
IMPERMISSIBLE 
UNDER 
INTERNATIONAL 
LAW, 
IN 
CONNECTION WITH ANY ACT REFERRED TO IN THIS PARAGRAPH OR ANY 
CRIME DEFINED IN THIS CODE; 
(I) ENFORCED OR INVOLUNTARY DISAPPEARANCE OF PERSONS; 
(J) APARTHEID; OR 


 
 
 28 
(K) OTHER INHUMANE ACTS OF A SIMILAR CHARACTER INTENTIONALLY CAUSING 
GREAT SUFFERING, OR SERIOUS INJURY TO BODY OR TO MENTAL OR 
PHYSICAL HEALTH. 
SECTION TWO 
PRINCIPLES OF CRIMINAL LIABILITY FOR CRIMES AGAINST INTERNATIONAL 
HUMANITARIAN LAW, GENOCIDE, AND OTHER CRIMES AGAINST HUMANITY UNDER 
SECTION THREE 
Article 93. Individual Criminal Responsibilities. - FOR CRIMES UNDER SECTION THREE, 
A PERSON SHALL BE CRIMINALLY LIABLE AS A PRINCIPLE FOR A CRIME IF HE OR SHE: 
 
(1) COMMITS SUCH A CRIME, WHETHER AS AN INDIVIDUAL, JOINTLY WITH 
ANOTHER OR THROUGH ANOTHER PERSON, REGARDLESS OF 
WHETHER THAT OTHER PERSON IS CRIMINALLY RESPONSIBLE; 
(2) ORDERS, SOLICITS OR INDUCES THE COMMISSION OF SUCH A CRIME 
WHICH IN FACT OCCURS OR IS ATTEMPTED; 
(3) IN ANY OTHER WAY CONTRIBUTES TO THE COMMISSION OR 
ATTEMPTED COMMISSION OF SUCH A CRIME BY A GROUP OF PERSONS 
ACTING WITH A COMMON PURPOSE. SUCH CONTRIBUTION SHALL BE 
INTENTIONAL AND SHALL EITHER: 
  
(I) 
BE MADE WITH THE AIM OF FURTHERING THE CRIMINAL ACTIVITY 
OR CRIMINAL PURPOSE OF THE GROUP, WHERE SUCH ACTIVITY 
OR PURPOSE INVOLVES THE COMMISSION OF A CRIME; OR 
 
(II) 
BE MADE IN THE KNOWLEDGE OF THE INTENTION OF THE GROUP 
TO COMMIT THE CRIME. 
  
A PERSON SHALL BE CRIMINALLY LIABLE AS AN ACCOMPLICE FOR FACILITATING THE 
COMMISSION OF A CRIME DEFINED AND PENALIZED UNDER SECTION THREE IF 
HE/SHE AIDS, ABETS OR OTHERWISE ASSISTS IN ITS COMMISSION OR ATTEMPTED 
COMMISSION, INCLUDING PROVIDING THE MEANS FOR ITS COMMISSION. 
  
A PERSON SHALL BE CRIMINALLY LIABLE FOR A CRIME DEFINED AND PENALIZED 
UNDER SECTION THREE IF HE/SHE ATTEMPTS TO COMMIT SUCH A CRIME BY TAKING 
ACTION THAT COMMENCES ITS EXECUTION BY MEANS OF A SUBSTANTIAL STEP, BUT 
THE CRIME DOES NOT OCCUR BECAUSE OF CIRCUMSTANCES INDEPENDENT OF THE 
PERSON'S INTENTION. HOWEVER, A PERSON WHO ABANDONS THE EFFORT TO 
COMMIT THE CRIME OR OTHERWISE PREVENTS THE COMPLETION OF THE CRIME 
SHALL NOT BE LIABLE FOR PUNISHMENT UNDER SECTION THREE FOR THE ATTEMPT 
TO COMMIT THE SAME IF HE/SHE COMPLETELY AND VOLUNTARILY GAVE UP THE 
CRIMINAL PURPOSE. 
ARTICLE 94. IRRELEVANCE OF OFFICIAL CAPACITY. - THE PROVISIONS UNDER 
SECTIONS THREE AND FOUR SHALL APPLY EQUALLY WITHOUT ANY DISTINCTION 
BASED ON OFFICIAL CAPACITY. OFFICIAL CAPACITY AS A HEAD OF STATE OR 
GOVERNMENT, A MEMBER OF A GOVERNMENT OR PARLIAMENT, AN ELECTED 
REPRESENTATIVE OR A GOVERNMENT OFFICIAL SHALL IN NO CASE EXEMPT A 
PERSON FROM CRIMINAL RESPONSIBILITY UNDER SECTION THREE, NOR SHALL IT, 
IN AND OF ITSELF, CONSTITUTE A GROUND FOR REDUCTION OF SENTENCE.  
 
IMMUNITIES OR SPECIAL PROCEDURAL RULES THAT MAY BE ATTACHED TO THE 
OFFICIAL CAPACITY OF A PERSON UNDER PHILIPPINE LAW OTHER THAN THE 
ESTABLISHED CONSTITUTIONAL IMMUNITY FROM SUIT OF THE PHILIPPINE 


 
 
 29 
PRESIDENT DURING HIS/HER TENURE, SHALL NOT BAR THE COURT FROM 
EXERCISING JURISDICTION OVER SUCH A PERSON. 
 
IMMUNITIES THAT MAY BE ATTACHED TO THE OFFICIAL CAPACITY OF A PERSON 
UNDER INTERNATIONAL LAW MAY LIMIT THE APPLICATION OF SECTION FOUR, BUT 
ONLY WITHIN THE BOUNDS ESTABLISHED UNDER INTERNATIONAL LAW. 
 
ARTICLE 95. RESPONSIBILITY OF SUPERIORS. -  IN ADDITION TO OTHER GROUNDS 
OF CRIMINAL RESPONSIBILITY FOR CRIMES DEFINED AND PENALIZED UNDER 
SECTIONS 3 AND 4, A SUPERIOR SHALL BE CRIMINALLY RESPONSIBLE AS A 
PRINCIPAL FOR SUCH CRIMES COMMITTED BY SUBORDINATES UNDER HIS/HER 
EFFECTIVE COMMAND AND CONTROL, OR EFFECTIVE AUTHORITY AND CONTROL AS 
THE CASE MAY BE, AS A RESULT OF HIS/HER FAILURE TO PROPERLY EXERCISE 
CONTROL OVER SUCH SUBORDINATES, WHERE: 
 
(A) THAT SUPERIOR EITHER KNEW OR, OWING TO THE CIRCUMSTANCES AT THE 
TIME, SHOULD HAVE KNOWN THAT THE SUBORDINATES WERE COMMITTING OR 
ABOUT TO COMMIT SUCH CRIMES; AND 
  
(B) THAT SUPERIOR FAILED TO TAKE ALL NECESSARY AND REASONABLE MEASURES 
WITHIN HIS/HER POWER TO PREVENT OR REPRESS THEIR COMMISSION OR TO 
SUBMIT THE MATTER TO THE COMPETENT AUTHORITIES FOR INVESTIGATION AND 
PROSECUTION. 
Section Three.  
CRIMES COMMITTED on the high seas or in Philippine waters and aerial domains 
Article 96. Piracy. – The penalty of PUNITIVE 2 shall be IMPOSED upon any person who, 
WITH INTENT TO GAIN attackS, seizeS OR EXERCISES CONTROL OVER a  PRIVATE 
AIRCRAFT, SHIP, OR ANOTHER KIND OF vessel or PLATFORM IN THE SEA. 
 
THE PENALTY OF AFFLICTIVE 1 TO PUNITIVE 2 SHALL ALSO BE IMPOSED IF PIRACY IS 
COMMITTED BY A PERSON WHO, NOT BEING A MEMBER OF THE VESSEL’S CREW NOR 
A PASSENGER, SEIZES THE WHOLE OR PART OF THE CARGO OF SAID VESSEL, ITS 
EQUIPMENT, OR PERSONAL PROPERTY ON BOARD A PRIVATE SHIP, PLATFORM, OR 
VESSEL.  
 
THE PENALTY OF [AFFLICTIVE 1] SHALL BE INFLICTED IF ONLY A PART OF THE CARGO 
OR PERSONAL PROPERTY ON BOARD SUCH AIRCRAFT, SHIP, PLATFORM, OR VESSEL 
IS TAKEN. 
Article 97. Qualified piracy. — The penalty of PUNITIVE 1 shall be imposed upon those who 
commit any of the crimes referred to in the preceding article, under any of the following 
circumstances: 
 
1. Whenever they have seized aN AIRCRAFT, SHIP, vessel, OR PLATFORM IN 
THE SEA by boarding or firing upon the same; 
2. Whenever the PIRATES have abandoned their victims without means of saving 
themselves; or 
3. Whenever, WHEN BY REASON OR ON THE OCCASION OF THE PIRACY, the 
crimeS OF murder, homicide, physical injuries, or rape ARE COMMITTED. 
SECTION FOUR 
TERRORISM 


 
 
 30 
ARTICLE 98. TERRORISM. - THE PENALTY OF PUNITIVE 1  SHALL BE IMPOSED UPON 
ANY PERSON WHO, AS AN INDIVIDUAL OR AS PART OF AN ORGANIZATION, 
REGARDLESS OF NATIONALITY, ADVANCES A RADICAL POLITICAL, RELIGIOUS OR 
IDEOLOGICAL CAUSE BY INTIMIDATING THE PUBLIC OR A SEGMENT THEREOF, OR 
CREATING AN ATMOSPHERE OR SPREADING FEAR, OR DESTROYING THE 
FUNDAMENTAL POLITICAL, ECONOMIC, OR SOCIAL STRUCTURES OF THE COUNTRY, 
OR SERIOUSLY UNDERMINING PUBLIC SAFETY THROUGH ANY OR A COMBINATION 
OF THE FOLLOWING ACTS: 
 
(A) ENGAGE IN ACTS INTENDED TO CAUSE DEATH OR SERIOUS BODILY INJURY 
TO ANY PERSON, OR ENDANGERS A PERSON’S LIFE; 
(B) ENGAGE IN ACTS INTENDED TO CAUSE EXTENSIVE DAMAGE OR 
DESTRUCTION TO A GOVERNMENT OR PUBLIC FACILITY, PUBLIC PLACE OR 
PRIVATE PROPERTY; 
(C) ENGAGE IN ACTS INTENDED TO CAUSE EXTENSIVE INTERFERENCE WITH, 
DAMAGE OR DESTRUCTION TO CRITICAL INFRASTRUCTURE; 
(D) DEVELOP, MANUFACTURE, POSSESS, ACQUIRE, TRANSPORT, SUPPLY OR 
USE 
OF 
WEAPONS, 
EXPLOSIVES 
OR 
OF 
BIOLOGICAL, 
NUCLEAR, 
RADIOLOGICAL OR CHEMICAL WEAPONS; OR 
(E) RELEASE OF DANGEROUS SUBSTANCES, OR CAUSING FIRE, FLOODS OR 
EXPLOSIONS  
 
THE CRIME OF TERRORISM ABSORBS OTHER PREDICATE CRIMES NECESSARY FOR 
ITS COMMISSION. 
 
ADVOCACY OF OR EXERCISE OF CIVIL AND POLITICAL RIGHTS ARE NOT CONSIDERED 
ACTS OF TERRORISM. FURTHERMORE, HUMANITARIAN ACTIVITIES UNDERTAKEN BY 
THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC), THE PHILIPPINE RED 
CROSS (PRC), AND OTHER STATE-RECOGNIZED HUMANITARIAN PARTNERS OR 
ORGANIZATIONS IN CONFORMITY WITH INTERNATIONAL HUMANITARIAN LAW (IHL) 
DO NOT FALL WITHIN THE SCOPE OF THIS PROVISION. 
ARTICLE 99. PROPOSAL AND CONSPIRACY TO COMMIT TERRORISM.  - THE PENALTY 
OF [PUNITIVE 2]  SHALL BE IMPOSED UPON ANY PERSON WHO, AS AN INDIVIDUAL OR 
AS PART OF AN ORGANIZATION, REGARDLESS OF NATIONALITY, PROPOSES AND 
CONSPIRES TO EXECUTE TO SOME OTHER PERSON OR PERSONS ANY OF THE ACTS 
MENTIONED IN ARTICLE 128. THERE IS CONSPIRACY WHEN TWO (2) OR MORE 
PERSONS COME TO AN AGREEMENT CONCERNING THE COMMISSION OF 
TERRORISM AS DEFINED IN ARTICLE ______. 
 
ANY PERSON WHO DIRECTS AGAINST THE GOVERNMENT A THREAT TO COMMIT ANY 
OF THE ACTS MENTIONED IN ARTICLE _____ SHALL BE TRIED UNDER GRAVE 
THREATS, SUBJECT TO THE PENALTY OF [PUNITIVE 2]. 
ARTICLE 100. INCITING TO COMMIT TERRORISM. - THE PENALTY OF PUNITIVE 2 SHALL 
BE IMPOSED UPON ANY PERSON WHO, AS AN INDIVIDUAL OR AS PART OF AN 
ORGANIZATION, REGARDLESS OF NATIONALITY, WITHOUT TAKING AN DIRECT PART 
IN THE COMMISSION OF TERRORISM, INCITES OTHERS TO COMMIT TERRORISM AS 
DEFINED IN ARTICLE _____ BY MEANS OF SPEECHES, PROCLAMATIONS, WRITINGS, 
EMBLEMS, BANNERS, OR OTHER PRESENTATIONS, AND THE INCITEMENT IS DONE 
UNDER CIRCUMSTANCES THAT SHOW REASONABLE PROBABILITY OF SUCCESS IN 
INCITING THE COMMISSION OF TERRORISM. 
 


 
 
 31 
IN DETERMINING THE EXISTENCE OF REASONABLE PROBABILITY THAT SPEECHES, 
PROCLAMATIONS, WRITINGS, EMBLEMS, BANNERS, OR OTHER REPRESENTATIONS 
WOULD HELP ENSURE SUCCESS IN INCITING THE COMMISSION OF TERRORISM, THE 
FOLLOWING SHALL BE CONSIDERED:  
 
(B) CONTEXT. - ANALYSIS OF THE CONTEXT SHOULD PLACE THE SPEECH, 
PROCLAMATIONS, 
WRITINGS, 
EMBLEMS, 
BANNERS, 
OR 
OTHER 
REPRESENTATIONS 
WITHIN 
THE 
SOCIAL 
AND 
POLITICAL 
CONTEXT 
PREVALENT AT THE TIME THE SAME WAS MADE AND/OR DISSEMINATED;  
(C) SPEAKER/ACTOR. - THE POSITION OR STATUS IN THE SOCIETY OF THE 
SPEAKER OR ACTOR SHOULD BE CONSIDERED, SPECIFICALLY HIS OR HER 
STANDING IN THE CONTEXT OF THE AUDIENCE TO WHOM THE SPEECH OR ACT 
IS DIRECTED;  
(D) INTENT. - WHAT IS REQUIRED IS ADVOCACY OR INTENT THAT OTHERS COMMIT 
TERRORISM, RATHER THAN THE MERE DISTRIBUTION OR CIRCULATION OF 
MATERIAL;  
(E) CONTENT AND FORM. - CONTENT ANALYSIS INCLUDES THE DEGREE TO WHICH 
THE SPEECH OR ACT WAS PROVOCATIVE AND DIRECT, AS WELL AS THE FORM, 
STYLE, OR NATURE OF ARGUMENTS DEPLOYED IN THE SPEECH, OR THE 
BALANCE STRUCK BETWEEN THE ARGUMENTS DEPLOYED;  
(F) EXTENT OF THE SPEECH OR ACT. - THIS INCLUDES SUCH ELEMENTS AS THE 
REACH OF THE SPEECH OR ACT, ITS PUBLIC NATURE, ITS MAGNITUDE, THE 
MEANS OF DISSEMINATION USED AND THE SIZE OF ITS AUDIENCE; AND  
(G) CAUSATION. - DIRECT CAUSATION BETWEEN THE SPEECH OR ACT AND THE 
INCITEMENT. 
 
ARTICLE 101. PLANNING, TRAINING, PREPARING, PROVIDING MATERIAL SUPPORT, 
AND FACILITATING THE COMMISSION OF TERRORISM. - THE PENALTY OF PUNITIVE 1  
SHALL BE IMPOSED UPON ANY PERSON WHO, AS AN INDIVIDUAL OR AS PART OF AN 
ORGANIZATION, REGARDLESS OF NATIONALITY, COMMITS ANY OF THE FOLLOWING 
ACTS: 
 
(A) PARTICIPATE IN THE PLANNING, TRAINING, PREPARATION AND FACILITATION 
IN THE COMMISSION OF TERRORISM;  
(B) POSSESS OBJECTS CONNECTED WITH THE PREPARATION FOR THE 
COMMISSION OF TERRORISM; OR, 
(C) COLLECT OR MAKE DOCUMENTS CONNECTED WITH THE PREPARATION OF 
TERRORISM. 
 
TRAINING UNDER THIS ARTICLE SHALL MEAN GIVING OF INSTRUCTION OR TEACHING 
WITH THE INTENTION OF IMPARTING A SPECIFIC SKILL IN RELATION TO TERRORISM 
AS DEFINED UNDER ARTICLE _____. 
 
MATERIAL SUPPORT UNDER THIS ARTICLE SHALL REFER TO ANY PROPERTY, 
WHETHER TANGIBLE OR INTANGIBLE, OR SERVICE, INCLUDING CURRENCY OR 
MONETARY INSTRUMENTS OR FINANCIAL SECURITIES; FINANCIAL SERVICES; 
FACILITIES, LODGING OR SAFE HOUSES; EXPERT ADVICE OR ASSISTANCE, 
INCLUDING 
INFORMATION 
RELATED 
TO 
MOVEMENT 
AND 
ACTIVITIES 
OF 
GOVERNMENT FORCES OR TO THE SITUATION IN THE SURROUNDING AREAS THAT 
ARE POSSIBLE TARGETS AND BASIS FOR TERRORISTIC ATTACK; FALSE 
DOCUMENTATION OR IDENTIFICATION; COMMUNICATIONS EQUIPMENT; WEAPONS 
OR EXPLOSIVES; LETHAL SUBSTANCES; PERSONNEL (ONE OR MORE INDIVIDUALS 
WHO MAY BE OR INCLUDE ONESELF); OR  TRANSPORTATION.  


 
 
 32 
 
HUMANITARIAN ACTIVITIES UNDERTAKEN BY THE INTERNATIONAL COMMITTEE OF 
THE RED CROSS (ICRC), THE PHILIPPINE RED CROSS (PRC), AND OTHER STATE-
RECOGNIZED HUMANITARIAN PARTNERS OR ORGANIZATIONS IN CONFORMITY WITH 
INTERNATIONAL HUMANITARIAN LAW (IHL) DO NOT FALL WITHIN THE SCOPE OF THIS 
PROVISION. 
 
ARTICLE 102. RECRUITMENT TO AND MEMBERSHIP IN A TERRORIST ORGANIZATION. 
- THE PENALTY OF PUNITIVE 1 SHALL BE IMPOSED UPON ANY PERSON WHO SHALL 
RECRUIT ANOTHER TO PARTICIPATE IN, JOIN, COMMIT OR SUPPORT, TERRORISM OR 
A TERRORIST INDIVIDUAL OR ANY TERRORIST ORGANIZATION, ASSOCIATION OR 
GROUP 
OF 
PERSONS 
PROSCRIBED 
OR 
DESIGNATED 
AS 
A 
TERRORIST 
ORGANIZATION, OR OTHERWISE VOLUNTARILY AND KNOWINGLY JOIN THE SAME. 
 
THE SAME PENALTY SHALL BE IMPOSED ON ANY PERSON WHO ORGANIZES OR 
FACILITATES THE TRAVEL OF INDIVIDUALS TO A STATE OTHER THAN THEIR STATE 
OF RESIDENCE OR NATIONALITY FOR THE PURPOSE OF RECRUITMENT AS DEFINED 
UNDER THE PREVIOUS PARAGRAPH. 
 
ARTICLE 103. DESIGNATED FOREIGN TERRORIST. - THE PENALTY OF PUNITIVE 1 
SHALL BE IMPOSED UPON A DESIGNATED FOREIGN TERRORIST WHO COMMITS ANY 
OF THE FOLLOWING ACTS: 
 
(A) TRAVELS OR ATTEMPTS TO TRAVEL TO A STATE OTHER THAN HIS/HER STATE 
OF RESIDENCE OR NATIONALITY, FOR THE PURPOSE OF PERPETRATING, 
PLANNING OR PREPARING FOR, OR PARTICIPATING IN TERRORISM, OR 
PROVIDING OR RECEIVING TERRORIST TRAINING; 
(B) ORGANIZES OR FACILITATES THE TRAVEL OF INDIVIDUALS WHO TRAVEL TO 
A STATE OTHER THAN THEIR STATES OF RESIDENCE OR NATIONALITY 
KNOWING THAT SUCH TRAVEL IS FOR THE PURPOSE OF PERPETRATING, 
PLANNING, TRAINING, OR PREPARING FOR, OR PARTICIPATING IN 
TERRORISM OR PROVIDING OR RECEIVING TERRORIST TRAINING; OR 
(C) RESIDING ABROAD, COMES TO THE PHILIPPINES TO PARTICIPATE IN 
PERPETRATING, 
PLANNING, 
TRAINING, 
OR 
PREPARING 
FOR, 
OR 
PARTICIPATING IN TERRORISM OR PROVIDE SUPPORT FOR OR FACILITATE 
OR RECEIVE TERRORIST TRAINING HERE OR ABROAD. 
Section FIVE 
COMMON PROVISIONS TO SECTIONS ONE TO FOUR 
ARTICLE 104. NON-PRESCRIPTION. - THE CRIMES DEFINED AND PENALIZED UNDER 
SECTIONS ONE TO FOUR, THEIR PROSECUTION, AND THE EXECUTION OF 
SENTENCES IMPOSED ON THEIR ACCOUNT, SHALL NOT BE SUBJECT TO ANY 
PRESCRIPTION. 
 
ARTICLE 105. REPEALING CLAUSE. - SECTIONS 4, 5, 6, 8, 9, 10, 11 AND 12 OF REPUBLIC 
ACT NO. 11479 (ANTI-TERRORISM ACT OF 2020) EXPRESSLY REPEALED. ALL OTHER 
LAWS, DECREES, EXECUTIVE ORDERS, RULES OR REGULATIONS OR PARTS 
THEREOF, INCONSISTENT WITH THE ARTICLES UNDER SECTIONS ONE TO FOUR ARE 
REPEALED, AMENDED, OR MODIFIED ACCORDINGLY. 
Title Two 


 
 33
CRIMES AGAINST THE FUNDAMENTAL LAW  
 
Chapter One 
ARBITRARY DETENTION OR EXPULSION, VIOLATION 
OF DWELLING, PROHIBITION, INTERRUPTION, AND 
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES 
AGAINST RELIGIOUS WORSHIP 
 
Section One. — Arbitrary detention and expulsion 
 
Art. 106. Arbitrary detention. — Any public officer or employee WHO IS VESTED WITH 
AUTHORITY TO DETAIN OR ORDER THE DETENTION OF PERSONS ACCUSED OF A 
CRIME AND IN THE PERFORMANCE OF SUCH FUNCTION, DETAINS A PERSON 
WITHOUT LEGAL GROUNDS, shall suffer: 
 
1. The penalty of RESTORATIVE 1 in its maximum LEVEL to CORRECTIVE 2, if the 
detention has not exceeded three days; 
2. The penalty of CORRECTIVE 1, if the detention has continued more than three but not 
more than fifteen days; 
3. The penalty of AFFLICTIVE 2, if the detention has continued for more than fifteen days 
but not more than six months; and 
4. That of AFFLICTIVE 1, if the detention shall have exceeded six months. 
 
The commission of a crime, or violent insanity or any other ailment requiring the 
compulsory confinement of the patient in a hospital, shall be considered legal grounds for the 
detention of any person.  
 
Art. 107. Delay in the delivery of detained persons to the proper judicial authorities. — The 
penalties provided in the next preceding article shall be imposed upon the public officer or 
employee who shall CONTINUE TO detain any person for some legal ground and shall fail to 
deliver such person to the proper judicial authorities BEYOND the PRESCRIBED periodS of; 
twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; 
eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their 
equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital 
penalties, or their equivalent, UNLESS OTHERWISE PROVIDED BY LAW. 
 
In every case, the person detained shall be informed of the cause of his detention and 
shall be allowed upon his request, to communicate and confer at any time with his attorney or 
counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively). 
 
Any duly authorized law enforcement agent or military personnel, who has taken 
custody of a person suspected of committing any of the acts defined and penalized under 
_________ (Terrorism), shall, without incurring any criminal liability for delay in the delivery of 
detained persons to the proper judicial authorities, deliver said suspected person to the proper 
judicial authority within a period of fourteen (14) calendar days counted from the moment the 
said suspected person has been apprehended or arrested, detained, and taken into custody 
by the law enforcement agent or military personnel. The period of detention may be extended 
to a maximum period of ten (10) calendar days if it is established that (1) further detention of 
the person/s is necessary to preserve evidence related to terrorism or complete the 
investigation; (2) further detention of the person/s is necessary to prevent the commission of 
another terrorism; and (3) the investigation is being conducted properly and without delay. 
 
Immediately after taking custody of a person suspected of committing terrorism or any 
member of a group of persons, organization or association proscribed under the Anti-
Terrorism law, the law enforcement agent or military personnel shall notify in writing the judge 


 
 34
of the court nearest the place of apprehension or arrest of the following facts: (a) the time, 
date, and manner of arrest; (b) the location or locations of the detained suspect/s and (c) the 
physical and mental condition of the detained suspect/s. The law enforcement agent or military 
personnel shall likewise furnish the ANTI-TERRORISM COUNCIL and the Commission on 
Human Rights (CHR) of the written notice given to the judge. 
 
The penalty of AFFLICTIVE 2 shall be imposed upon the police or law enforcement 
agent or military personnel who fails to OBSERVE THE PERIOD OF DETENTION OR notify 
any judge as provided in the TWO preceding paragraphS. IF THE DETENTION OR THE 
PROLONGING THEREOF  WAS CARRIED OUT MALICIOUSLY, THE PENALTY OF 
AFFLICTIVE 1 SHALL BE IMPOSED. 
 
Art. 108. Delaying release. — The penalties provided for in Article _____ (124) shall be 
imposed upon any public officer or employee who delays for the period of time specified 
therein the performance of any judicial or executive order for the release of a prisoner or 
detention prisoner, or unduly delays the service of the notice of such order to said prisoner or 
the proceedings upon any petition for the liberation of such person. 
 
Art. 109. Expulsion. — The penalty of CORRECTIVE 1 shall be imposed upon any public 
officer or employee who, not being thereunto authorized by law, shall expel any person from 
the Philippine Islands or shall compel such person to change his residence.  
 
Section Two. — Violation of domicile 
 
Art. 110. Violation of domicile. — The penalty of CORRECTIVE 2 shall be imposed upon any 
public officer or employee who, not being authorized by judicial order, shall enter any dwelling 
against the will of the owner thereof, search papers or other effects found therein without the 
previous consent of such owner, or having surreptitiously entered said dwelling, and being 
required to leave the premises, shall refuse to do so. 
 
If the offense be committed in the night-time, or if any papers or effects not constituting 
evidence of a crime be not returned immediately after the search made by the offender, the 
penalty shall be CORRECTIVE 1. 
 
THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO ANY 
PUBLIC OFFICER WHO SHALL ENTER ANOTHER'S DWELLING FOR THE PURPOSE OF 
PREVENTING SOME SERIOUS HARM TO HIMSELF, THE OCCUPANTS OF THE 
DWELLING OR A THIRD PERSON, NOR SHALL IT BE APPLICABLE TO ANY PUBLIC 
OFFICER WHO SHALL ENTER A DWELLING FOR THE PURPOSE OF RENDERING SOME 
SERVICE TO HUMANITY OR JUSTICE, NOR TO ANY PUBLIC OFFICER WHO SHALL 
ENTER CAFES, RESTAURANTS, HOTELS AND OTHER SIMILAR ESTABISHMENTS, 
WHILE THE SAME ARE OPEN. 
 
Art. 111. Search warrants maliciously obtained and abuse in the service of those legally 
obtained. — In addition to the liability attaching to the offender for the commission of any other 
offense, the penalty of RESTORATIVE 1 in its maximum LEVEL to CORRECTIVE 2 and a 
fine not exceeding 200,000 pesos shall be imposed upon any public officer or employee who 
shall procure a search warrant without just cause, or, having legally procured the same, shall 
exceed his authority or use unnecessary severity in executing the same. 
 
Art. 112. Searching domicile without witnesses. — The penalty of RESTORATIVE 1 in its 
medium and maximum LEVELS shall be imposed upon a public officer or employee who, in 
cases where a search is proper, shall search the domicile, papers or other belongings of any 
person, in the absence of the latter, any member of his family OF SUFFICIENT AGE AND 


 
 35
DISCRETION, or in their default, without the presence of AT LEAST two BARANGAY 
OFFICIALS OF the locality.  
 
Section Three. — Prohibition, interruption 
and dissolution of peaceful meetings 
 
Art. 113. Prohibition, interruption and dissolution of peaceful meetings. — The penalty of 
CORRECTIVE 2 shall be imposed upon any public officer or employee who, without legal 
ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same. 
 
The same penalty shall be imposed upon a public officer or employee who shall hinder 
any person from joining any lawful association or from attending any of its meetings. 
 
The same penalty shall be imposed upon any public officer or employee who shall 
prohibit or hinder any person from addressing, either alone or together with others, any petition 
to the authorities for the correction of abuses or redress of grievances.  
 
Section Four. — Crimes against religious worship 
 
Art. 114. Interruption of religious worship. — The penalty of CORRECTIVE 2 shall be imposed 
upon any public officer or employee who shall prevent or disturb the ceremonies or 
manifestations of any religion. 
 
If the crime shall have been committed with violence or threats, the penalty shall be 
CORRECTIVE 1. 
 
Art. 115. Offending the religious feelings. — The penalty of RESTORATIVE 1 in its maximum 
LEVEL to CORRECTIVE 2 shall be imposed upon anyone who, in a place devoted to religious 
worship or during the celebration of any religious ceremony shall perform acts notoriously 
offensive to the feelings of the faithful.  
 
Chapter Two 
CRIMES AGAINST POPULAR REPRESENTATION 
 
Section One. — Crimes against legislative bodies and similar bodies 
 
Art. 116. Act tending to prevent the meeting of the Assembly and similar bodies. — The 
penalty of CORRECTIVE 1 or a fine ranging from 40,000 to 400,000 pesos, or both, shall be 
imposed upon any person who, by force or fraud, prevents the meeting of the Congress of the 
Philippines or of any of its committees or subcommittees, constitutional commissions or 
committees or divisions thereof, or of any provincial board or city or municipal council or 
board. (Reinstated by E.O. No. 187) 
 
Art. 117. Disturbance of proceedings. — The penalty of RESTORATIVE 1 or a fine from 
40,000 to 200,000 pesos shall be imposed upon any person who disturbs the meetings of the 
CONGRESS OF THE PHILIPPINES or of any of its committees or subcommittees, 
constitutional commissions or committees or divisions thereof, or of any provincial board or 
city or municipal council or board, or in the presence of any such bodies should behave in 
such manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. 
No. 187) 
 
Section Two. — Violation of parliamentary immunity 
 
Art. 118. Violation of parliamentary immunity. — The penalty of AFFLICTIVE 2 shall be 
imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any 


 
 36
member of the Congress of the Philippines from attending the meetings of Congress or of any 
of its committees or subcommittees, constitutional commissions or committees or divisions 
thereof, from expressing his opinions or casting his vote; and the penalty of CORRECTIVE 1 
shall be imposed upon any public officer or employee who shall, while CONGRESS is in 
regular or special session, arrest or search any member thereof, except in case such member 
has committed a crime punishable under this Code by a penalty higher than CORRECTIVE 
1.  
 
CHAPTER THREE 
TORTURE 
 
Art. 119. Torture. Any act of torture committed in any circumstance by a person in authority 
or agent of a person in authority upon another in his/her custody, whereby severe pain or 
suffering of a physical or mental nature is intentionally inflicted on a person for such purposes 
as obtaining from him/her or a third person information or a confession, punishing him/her for 
an act he/she or a third person has committed or is suspected of having committed, or 
intimidating or coercing him/her or a third person, or for any reason based on discrimination 
of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent 
or acquiescence of a person in authority or agent of a person in authority, is punishable. It 
does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 
 
Torture may be physical or mental/psychological. 
 
Physical torture shall include but shall not be limited to any form of treatment or punishment 
inflicted by a person in authority or agent of a person in authority upon another in his/her 
custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of 
the body, such as but not limited to: 
 
(1) 
Systematic beating, headbanging, punching, kicking, striking with truncheon or 
rifle butt or other similar objects, and jumping on the stomach; 
(2) 
Food deprivation or forcible feeding with spoiled food, animal or human excreta 
and other stuff or substances not normally eaten; 
(3) 
Electric shock; 
(4) 
Cigarette burning; burning by electrically heated rods, hot oil, acid; by the 
rubbing of pepper or other chemical substances on mucous membranes, or 
acids or spices directly on the wound(s); 
(5) 
The submersion of the head in water or water polluted with excrement, urine, 
vomit and/or blood until the brink of suffocation; 
(6) 
Being tied or forced to assume fixed and stressful bodily position; 
(7) 
Rape and sexual abuse, including the insertion of foreign objects into the sex 
organ or rectum, or electrical torture of the genitals; 
(8) 
Mutilation or amputation of the essential parts of the body such as the genitalia, 
ear, tongue, etc.; 
(9) 
Dental torture or the forced extraction of the teeth; 
(10) 
Pulling out of fingernails; 
(11) 
Harmful exposure to the elements such as sunlight and extreme cold; 
(12) 
The use of plastic bag and other materials placed over the head to the point of 
asphyxiation; 
(13) 
The use of psychoactive drugs to change the perception, memory. alertness or 
will of a person, such as: 
i. 
The administration or drugs to induce confession and/or reduce 
mental competency; or 
ii. 
The use of drugs to induce extreme pain or certain symptoms of 
a disease; and 
(14) 
Other analogous acts of physical torture; and 


 
 37
 
 
Mental/Psychological Torture refers to acts committed by a person in authority or agent 
of a person in authority which are calculated to affect or confuse the mind and/or undermine 
a person's dignity and morale, such as: 
 
(1) 
Blindfolding; 
(2) 
Threatening a person(s) or his/her relative(s) with bodily harm, execution or 
other wrongful acts; 
(3) 
Confinement in solitary cells or secret detention places; 
(4) 
Prolonged interrogation; 
(5) 
Preparing a prisoner for a "show trial", public display or public humiliation of a 
detainee or prisoner; 
(6) 
Causing unscheduled transfer of a person deprived of liberty from one place to 
another, creating the belief that he/she shall be summarily executed; 
(7) 
Maltreating a member/s of a person's family; 
(8) 
Causing the torture sessions to be witnessed by the person's family, relatives 
or any third party; 
(9) 
Denial of sleep/rest; 
(10) 
Shame infliction such as stripping the person naked, parading him/her in public 
places, shaving the victim's head or putting marks on his/her body against 
his/her will; 
(11) 
Deliberately prohibiting the victim to communicate with any member of his/her 
family; and 
(12) 
Other analogous acts of mental/psychological torture. 
 
 
The penalty of PUNITIVE 2 shall be imposed upon the perpetrators of the following 
acts: 
 
(1) 
Torture resulting in the death of any person; 
(2) 
Torture resulting in mutilation; 
(3) 
Torture with rape; 
(4) 
Torture with other forms of sexual abuse and, in consequence of torture, the 
victim shall have become insane, imbecile, impotent, blind or maimed for life; 
and 
(5) 
Torture committed against children. 
 
 
The penalty of AFFLICTIVE 1 shall be imposed on those who commit any act of 
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of 
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame. 
 
 
The penalty of CORRECTIVE 2 TO CORRECTIVE 1 shall be imposed on those who 
commit any act of torture resulting in psychological, mental and emotional harm other than 
those described 1n paragraph (b) of this section. 
 
 
The penalty of AFFLICTIVE 2 in its medium and maximum LEVELS shall be imposed 
if, in consequence of torture, the victim shall have lost the power of speech or the power to 
hear or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost 
the use of any such member; or shall have become permanently incapacitated for labor. 
 
 
The penalty of AFFLICTIVE 2 in its minimum and medium LEVELS shall be imposed 
if, in consequence of torture, the victim shall have become deformed or shall have lost any 
part of his/her body other than those aforecited, or shall have lost the use thereof, or shall 
have been ill or incapacitated for labor for a period of more than ninety (90) days. 
 


 
 38
 
The penalty of CORRECTIVE 1 TO AFFLICTIVE 2 in its minimum LEVEL shall be 
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor 
for more than thirty (30) days but not more than ninety (90) days. 
 
 
The penalty of CORRECTIVE 2 shall be imposed if, in consequence of torture, the 
victim shall have been ill or incapacitated for labor for thirty (30) days or less. 
 
 
Torture as a crime shall not absorb or shall not be absorbed by any other crime or 
felony committed as a consequence, or as a means in the conduct or commission thereof. In 
which case, torture shall be treated as a separate and independent criminal act whose 
penalties shall be imposable without prejudice to any other criminal liability provided for by 
domestic and international laws. 
 
 
Persons who have committed any act of torture shall not benefit from any special 
amnesty law or similar measures that will have the effect of exempting them from any criminal 
proceedings and sanctions. 
 
Art. 120. Other cruel, inhuman or degrading treatment or punishment. Any deliberate and 
aggravated treatment or punishment not enumerated under the preceding article, inflicted by 
a person in authority or agent of a person in authority against another person in custody in 
any circumstance, which attains a level of severity sufficient to cause suffering, gross 
humiliation or debasement to the latter shall be punished with the penalty of RESTORATIVE 
1. 
 
The assessment of the level of severity shall depend on all the circumstances of the case, 
including the duration of the treatment or punishment, its physical and mental effects and, in 
some cases, the sex, religion, age and state of health of the victim. 
 
Art. 121. Prohibited detention. Secret detention places, solitary confinement, 
incommunicado or other similar forms of detention, where torture may be carried out with 
impunity, are hereby prohibited and the penalty of CORRECTIVE 2 TO CORRECTIVE 1 shall 
be imposed upon those who establish, operate and maintain secret detention places and/or 
effect or cause to effect solitary confinement, incommunicado or other similar forms of 
prohibited detention where torture may be carried out with impunity. 
 
 
In which case, the Philippine National Police (PNP), the Armed Forces of the 
Philippines (AFP) and other law enforcement. agencies concerned shall make an updated list 
of all detention centers and facilities under their respective jurisdictions with the corresponding 
data on the prisoners or detainees incarcerated or detained therein such as, among others, 
names, date of arrest and incarceration, and the crime or offense committed. This list shall be 
made available to the public at all times, with a copy of the complete list available at the 
respective national headquarters of the PNP and AFP. A copy of the complete list shall 
likewise be submitted by the PNP, AFP and all other law enforcement agencies to the CHR, 
such list to be periodically updated, by the same agencies, within the first five (5) days of every 
month at the minimum. Every regional office of the PNP, AFP and other law enforcement 
agencies shall also maintain a similar list for all detainees and detention facilities within their 
respective areas, and shall make the same available to the public at all times at their 
respective regional headquarters, and submit a copy. updated in the same manner provided 
above, to the respective regional offices of the CHR. 
 
 
The penalty of RESTORATIVE 1 shall be imposed upon the responsible officers or 
personnel of the AFP, the PNP and other law enforcement agencies for failure to perform 
his/her duty to maintain, submit or make available to the public an updated list of detention 
centers and facilities with the corresponding data on the prisoners or detainees incarcerated 
or detained therein. 


 
 39
 
Title Three 
CRIMES AGAINST PUBLIC ORDER 
 
Chapter One 
REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY 
 
Art. 122. Rebellion; How committed. — The crime of rebellion is committed by rising publicly 
and taking UP arms for ANY OF the FOLLOWING purposeS: 
 
1. 
TO REPEAL, MODIFY OR SUSPEND THE CONSTITUTION IN WHOLE OR 
IN PART; 
2. 
TO OVERTHROW THE GOVERNMENT OR deprive the President, Congress, 
THE SUPREME COURT AND LOWER COURTS OR ANY PROVINCIAL, 
CITY OR MUNICIPAL GOVERNMENT,  wholly or partially, IN THE EXERCISE 
of their powers or prerogatives; 
3. 
TO PREVENT THE FREE EXERCISE OR HOLDING OF ANY NATIONAL 
ELECTIONS OR LOCAL ELECTION; 
4. 
TO SEPARATE OR DECLARE THE INDEPENDENCE OF ANY BODY OF 
LAND PART OF THE NATIONAL TERRITORY; 
5. 
TO remove any kind of NAVAL OR armed forces from OBEDIENCE OR 
allegiance to the Government. 
 
Art. 123. Coup d'état; How committed. — The crime of coup d'état is a swift attack 
COMMITTED BY ANY PERSON OR PERSONS, BELONGING TO THE MILITARY OR 
POLICE OR HOLDING ANY PUBLIC OFFICE OF EMPLOYMENT, WITH OR WITHOUT 
CIVILIAN SUPPORT OR PARTICIPATION FOR THE PURPOSE OF SEIZING OR 
DIMINISHING STATE POWER by means of violence, intimidation, threat, strategy or stealth, 
directed against duly constituted authorities of the Republic of the Philippines, or any military 
camp, installation OR VESSEL, communications network, public utilities or other facilities 
singly or simultaneously carried out anywhere in the Philippines. 
 
Art. 124. Penalty for rebellion or coup d'état. —Persons who COMMIT rebellion or coup d’etat 
AND PERFORM OTHER OFFENSES UNDER THIS CODE, ARE PRIMA FACIE PRESUMED 
TO HAVE BEEN DONE THEM ON THE OCCASSION, IN CONNECTION OR IN 
FURTHERANCE OF THE REBELLION AND  SHALL BE PUNISHED AS FOLLOWS: 
 
1. Any person who promotes, maintains or heads a rebellion shall suffer the penalty of 
PUNITIVE 2. 
2. Any person merely participating or executing the commands of others in a rebellion 
shall suffer the penalty of AFFLICTIVE 1. 
3. Any person who leads or in any manner directs or commands others to undertake a 
coup d'état shall suffer the penalty of PUNITIVE 2. 
4. Any person in the government service who participates, or executes directions or 
commands of others in undertaking a coup d'état shall suffer the penalty of 
AFFLICTIVE 2 in its maximum LEVEL. 
5. Any person not in the government service who participates, or in any manner supports, 
finances, abets or aids in undertaking a coup d'état shall suffer the penalty of 
AFFLICTIVE 1 in its maximum LEVEL. 
 
Art. 125. LEADER OF THE REBELLION OR COUP D'ÉTAT. — WHEN THOSE WHO 
COMMAND OR LEAD THE REBELLION, INSURRECTION, OR COUP D'ÉTAT ARE NOT 
KNOWN, ANY PERSON WHO IN FACT DIRECTED THE OTHERS, SPOKE FOR THEM, 
SIGNED RECEIPTS AND OTHER DOCUMENTS ISSUED IN THEIR NAME, OR 


 
 40
PERFORMED SIMILAR ACTS OF DIRECTION OR REPRESENTATION, ON BEHALF OF 
THE REBELS SHALL BE DEEMED A LEADER OF SUCH REBELLION OR COUP D'ÉTAT. 
 
Art. 126. Conspiracy and proposal to commit REBELLION OR coup d'état. — The conspiracy 
and proposal to commit coup d'état shall be punished by AFFLICTIVE 2 in its minimum LEVEL 
and a fine which shall not exceed 1,000,000 PESOS. 
 
 
The conspiracy and proposal to commit rebellion shall be punished respectively, by 
CORRECTIVE 1 IN ITS MAXIMUM LEVEL and a fine which shall not exceed 1,000,000 
PESOS, and by CORRECTIVE 1 and a fine not exceeding 400,000 PESOS. (As amended by 
R.A. 6968, approved October 24, 1990) 
 
Art. 127. Disloyalty of public officers or employees. — The penalty of CORRECTIVE 2 shall 
be imposed upon public officers or employees AND MEMBERS OF THE MILITARY OR LAW 
ENFORCEMENT who have failed to resist a rebellion by all the means in their power, or shall 
continue to discharge the duties of their offices under the control of the rebels or shall accept 
appointment to office under them. (Reinstated by E.O. No. 187) 
 
Art. 128. Inciting to rebellion or COUP D'ÉTAT. — The penalty of AFFLICTIVE 2 in its 
minimum LEVEL shall be imposed upon any person who, without taking arms or being in open 
hostility against the Government, shall incite others to the execution of any of the acts specified 
in Article ____(134) AND ____(134-A) of this Code, by means of speeches, proclamations, 
writings, emblems, banners, ELECTRONIC MEANS or other representations tending to the 
same end. (As restored by E.O. No. 187) 
 
 
IF THE REBELLION OR COUP D'ÉTAT DID OCCUR OR TO TAKE EFFECT, THEY 
WILL BE CONSIDERED LEADERS  AND WILL SUFFER THE PENALTY INDICATED IN 
ARTICLE _______. 
 
Art. 129. Sedition; How committed. — The crime of sedition is committed by persons who 
NOT BEING INCLUDED IN THE CRIME OF REBELLION, OR COUP D’ETAT SHALL rise 
publicly and tumultuously in order to attain by force, intimidation, or by other means outside of 
legal methods, any of the following objects:  
 
1. To prevent the promulgation or execution of any law or the holding of any popular 
election;  
2. To prevent the National Government, THE JUDICIARY,  or any provincial, CITY or 
municipal government, or any public officer thereof from the legitimate exercise of 
their functions, or prevent the execution of any law,  administrative order OR 
JUDICIAL ORDER; 
3. To inflict any act of hate or revenge upon the person or property of any public officer 
or employee;  
4. To commit, for any political or social end, any act of hate or revenge against private 
persons or any social class; and  
5. To despoil, for any political or social end, any person, municipality, CITY or 
province, THE JUDICIARY or the National Government of all its property or any 
part thereof. 
 
Art. 130. Penalty for sedition. — The leader of a sedition shall suffer the penalty of 
AFFLICTIVE 2 in its minimum LEVEL and a fine not exceeding 2,000,000 pesos.  
 
 
Other persons participating therein shall suffer the penalty of CORRECTIVE 1 and a 
fine not exceeding 1,000,000 pesos.  
 
 
THEY SHALL BE MADE LIABLE FOR OFFENSES WHICH CARRY A MINIMUM 


 
 41
PENALTY OF CORRECTIVE 1 COMMITTED ON OCCASION OF SEDITION.  
 
 
WHEN THE LEADER IS UNKNOWN, ANY PERSON WHO IN FACT DIRECTED THE 
OTHERS, SPOKE FOR THEM, SIGNED RECEIPTS AND OTHER DOCUMENTS ISSUED 
IN THEIR NAME, OR PERFORMED SIMILAR ACTS SHALL BE CONSIDERED AS THE 
LEADER. 
 
Art. 131. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition 
shall be punished by CORRECTIVE 1 and a fine not exceeding 400,000 pesos. (Reinstated 
by E.O. No. 187). 
 
Art. 132. Inciting to sedition. — INCITING TO SEDITION SHALL BE PUNISHED WITH  
CORRECTIVE 1 in its maximum LEVEL and a fine not exceeding 400,000 pesos WHEN 
COMMITTED BY any person or persons who, NOT BEING INCLUDED IN ARTICLES 
___(139) OR ___(141) SHALL COMMIT OR PERFORM ANY OF THE FOLLOWING ACTS: 
 
1. INCITING OTHERS TO THE ACCOMPLISHMENT OF ANY ACT OF SEDITION 
UNDER ART. _____  BY MEANS OF SPEECHES, PROCLAMATIONS, WRITINGS, 
EMBLEMS, 
CARTOONS, 
BANNERS, 
ELECTRONIC MEANS 
OR 
OTHER 
REPRESENTATIONS TENDING TO THE SAME END; 
2. SHALL UTTER SEDITIOUS WORDS OR SPEECHES; 
3. WRITING, PUBLISHING, OR CIRCULATING SCURRILOUS LIBELS AGAINST THE 
GOVERNMENT OF THE PHILIPPINES; 
4. UTTERING WORDS WHICH TEND TO DISTURB OR OBSTRUCT ANY LAWFUL 
OFFICER IN EXECUTING THE FUNCTIONS OF HIS OFFICE, OR WHICH TEND TO 
INSTIGATE OTHERS TO CABAL AND MEET TOGETHER FOR UNLAWFUL 
PURPOSES, OR WHICH SUGGEST OR INCITE REBELLIOUS CONSPIRACIES OR 
RIOTS, OR WHICH LEAD OR TEND TO STIR UP THE PEOPLE AGAINST THE 
LAWFUL AUTHORITIES OR TO DISTURB THE PEACE OF THE COMMUNITY, THE 
SAFETY AND ORDER OF THE GOVERNMENT. 
 
 
SHOULD SEDITION ACTUALLY RESULT OR IS COMMITTED THEY SHALL BE 
MADE LIABLE UNDER ARTICLE ____(140). 
 
 
NOTHING HEREIN SHALL BE INTERPRETED TO ABRIDGE THE PEOPLES RIGHT 
TO FREEDOM OF SPEECH AND THE RIGHT TO PEACEABLY ASSEMBLE AND PETITION 
THE GOVERNMENTS FOR REDRESS OF GRIEVANCE. 
 
Chapter TWO 
ILLEGAL ASSEMBLIES AND ASSOCIATIONS 
 
Art. 133. Illegal assemblies. — The penalty of CORRECTIVE 1 to AFFLICTIVE 2 shall be 
imposed upon the organizers or leaders of any meeting attended by armed persons for the 
purpose of committing any of the crimes punishable under this Code, or of any meeting in 
which the audience is incited to the commission of the crime of treason, rebellion or 
insurrection, sedition or assault upon a person in authority or his agents. Persons merely 
present at such meeting shall suffer the penalty of RESTORATIVE 1, unless they are armed, 
in which case the penalty shall be CORRECTIVE 1.  
 
 
If any person present at the meeting carries an unlicensed firearm, it shall be presumed 
that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable 
under this Code, and he shall be considered a leader or organizer of the meeting within the 
purview of the preceding paragraph. 
 


 
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As used in this article, the word "meeting" shall be understood to include a gathering 
or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187) 
 
Art. 134.  Illegal associations. — The penalty of CORRECTIVE 1 and a fine not exceeding 
200,000 pesos shall be imposed upon the founders, directors, and presidents of associations 
totally or partially organized for the purpose of committing any of the crimes punishable under 
this Code or for some purpose contrary to public morals. Mere members of said associations 
shall suffer the penalty of RESTORATIVE 1. (Reinstated by E.O. No. 187) 
 
WHEN MORE THAN THREE ARMED PERSONS FORM A BAND OF ROBBERS 
FOR THE PURPOSE OF COMMITTING ROBBERY, THEY SHALL BE DEEMED 
BRIGANDS. BRIGANDS SHALL BE PUNISHED BY AFFLICTIVE 2 TO AFFLICTIVE 1 IN ITS 
MINIMUM LEVEL IF THE ACT OR ACTS COMMITTED BY THEM ARE NOT PUNISHABLE 
BY HIGHER PENALTIES, IN WHICH CASE, THEY SHALL SUFFER SUCH HIGH 
PENALTIES. 
 
IF ANY OF THE ARMS CARRIED BY ANY OF SAID PERSONS BE A LOOSE 
FIREARM OR EXPLOSIVE, IT SHALL BE PRESUMED THAT SAID PERSONS ARE 
BRIGANDS, AND IN CASE OF CONVICTIONS THE PENALTY SHALL BE IMPOSED IN THE 
MAXIMUM LEVEL, WITHOUT PREJUDICE TO ANY CRIMINAL LIABILITY FOR ILLEGAL 
POSSESSION OF SUCH LOOSE FIREARM OR EXPLOSIVE. 
 
Art. 135. Aiding and abetting aN ILLEGAL ASSOCIATION. — Any person knowingly and in 
any manner aiding, abetting or protecting aN ILLEGAL ASSOCIATION OR brigands as 
described in the next preceding article, or giving them information of the movements of the 
police or other peace officers of the Government or acquiring or receiving the property taken 
by such ILLEGAL ASSOCIATIONS OR brigands shall be punished by CORRECTIVE 1 to 
AFFLICTIVE 2 in its minimum LEVEL. 
 
It shall be presumed that the person performing any of the acts provided in this article 
has performed them knowingly, unless the contrary is proven. 
 
Chapter THREE 
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE 
TO, PERSONS IN AUTHORITY AND THEIR AGENTS 
 
Art. 136. Direct assaults. — Any person or persons who, without a public uprising, shall 
employ force or intimidation for the attainment of any of the purpose enumerated in defining 
the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or 
resist any person in authority or any of his agents, on occasion of performance OF OFFICIAL 
DUTIES OR BY REASON OF PAST PERFORMANCE OF OFFICIAL DUTIES, shall suffer 
the penalty of CORRECTIVE 1 and a fine not exceeding 200,000 pesos, when the assault is 
committed with a weapon or when the offender is a public officer or employee, or when the 
offender lays hands upon a person in authority. If none of these circumstances be present, 
the penalty of CORRECTIVE 2 and a fine not exceeding 100,000 pesos shall be imposed. 
 
Art. 137. Indirect assaults. — The penalty of CORRECTIVE 1 and a fine not exceeding 
100,000  pesos shall be imposed upon any person who shall make use of force or intimidation 
upon any person coming to the aid of the authorities or their agents on occasion of the 
commission of any of the crimes defined in the next preceding article. 
 
Art. 138. Disobedience to summons issued by CONGRESS, its committees or 
subcommittees, by the Constitutional Commissions, its committees, subcommittees or 
divisions. — The penalty of RESTORATIVE 1 or a fine ranging from 40,000 to 200,000 pesos, 
or both such fine and imprisonment shall be imposed upon any person who, having been duly 


 
 43
summoned to attend as a witness before CONGRESS, its special or standing committees and 
subcommittees, the Constitutional Commissions and its committees, subcommittees, or 
divisions, or before any commission or committee chairman or member authorized to summon 
witnesses, refuses, without legal excuse, to obey such summons, or being present before any 
such legislative or constitutional body or official, refuses to be sworn or placed under 
affirmation or to answer any legal inquiry or to produce any books, papers, documents, or 
records in his possession, when required by them to do so in the exercise of their functions. 
The same penalty shall be imposed upon any person who shall restrain another from attending 
as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any 
such body or official. 
 
Art. 139. Resistance and disobedience to a person in authority or the agents of such 
person. — The penalty of RESTORATIVE 1 and a fine not exceeding 100,000 pesos shall be 
imposed upon any person who not being included in the provisions of the preceding articles 
shall resist or seriously disobey any person in authority, or the agents of such person, while 
engaged in the performance of official duties. 
 
When the disobedience is not of a serious nature, the penalty of RESTORATIVE 2 or a fine 
ranging from 2,000 to 20,000 pesos shall be imposed upon the offender. 
 
Art. 140. Persons in authority and agents of persons in authority; Who shall be deemed as 
such. — In applying the provisions of the preceding and other articles of this Code, any person 
directly vested with jurisdiction, whether as an individual or as a member of some court or 
governmental corporation, board, or commission, shall be deemed a person in authority. A 
barrio captain and a barangay chairman shall also be deemed a person in authority. 
 
A person who, by direct provision of law or by election or by appointment by competent 
authority, is charged with the maintenance of public order and the protection and security of 
life and property, such as a barrio councilman, barrio policeman and barangay leader and any 
OTHER person CLASSIFIED AS SUCH UNDER SPECIAL LAWS. 
 
In applying the provisions of Articles ____(148) and ____(151) of this Code, teachers, 
professors and persons charged with the supervision of public or duly recognized private 
schools, colleges and universities, and lawyers in the actual performance of their professional 
duties or on the occasion of such performance, shall be deemed persons in authority. (As 
amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985) 
 
Chapter FOUR 
PUBLIC DISORDERS 
 
Art. 141. Tumults and other disturbance of public orders; Tumultuous disturbance or 
interruption liable to cause disturbance. — The penalty of RESTORATIVE 1 to CORRECTIVE 
2 and a fine not exceeding 200,000 pesos shall be imposed upon any person who shall cause 
any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb 
public performances, functions or gatherings, or peaceful meetings, if the act is not included 
in the provisions of Articles ___ (131) and ___ (132). 
 
The penalty next higher in degree shall be imposed upon persons causing any 
disturbance or interruption of a tumultuous character. 
 
The disturbance or interruption shall be deemed to be tumultuous if caused by more 
than three persons who are armed or provided with means of violence. 
 
The penalty of RESTORATIVE 1 shall be imposed upon any person who in any 
meeting, association, or public place, shall make any outcry tending to incite rebellion or 


 
 44
sedition or in such place shall display placards or emblems which provoke a disturbance of 
the public order. 
 
The penalty of RESTORATIVE 2 and a fine not to exceed 40,000 pesos shall be 
imposed upon these persons who shall bury with pomp the body of a person who has been 
legally executed. 
 
Art. 142. Unlawful use of means of publication and unlawful utterances. — The penalty of 
RESTORATIVE 1 and a fine ranging from 40,000 to 200,000 pesos shall be imposed upon: 
 
1. Any person who by means of printing, lithography, or any other means of publication 
shall publish or cause to be published as news any false news which may endanger 
the public order OR PUBLIC INTEREST, or cause damage to the interest or credit of 
the State; 
2. Any person who by the same means, or by words, utterances or speeches shall 
encourage disobedience to the law or to the constituted authorities or praise, justify, 
or extol any act punished by law; 
3. Any person who shall maliciously publish or cause to be published any official 
resolution or document without proper authority, or before they have been published 
officially; or 
4. Any person who shall print, publish, or distribute or cause to be printed, published, or 
distributed books, pamphlets, periodicals, or leaflets which do not bear the real 
printer's name, or which are classified as anonymous. 
 
Art. 143. Alarms and scandals. — The penalty of RESTORATIVE 2 or a fine not exceeding 
40,000 pesos shall be imposed upon: 
 
1. Any person who within any town or public place, shall discharge any firearm, rocket, 
firecracker, or other explosives CAUSING alarm or danger; 
2. Any person who shall instigate or take an active part in any charivari or other disorderly 
meeting offensive to another or prejudicial to public tranquility; 
3. Any person who, while wandering about at night or while engaged in any other 
nocturnal amusements, shall disturb the public peace; or 
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or 
scandal in public places, provided that the circumstances of the case shall not make 
the provisions of Article ____ (153) applicable. 
 
Art. 144. Delivery of prisoners from jails. — The penalty of RESTORATIVE 1 in its maximum 
LEVEL to CORRECTIVE 2 shall be imposed upon any person who shall remove from any jail 
or penal establishment any person confined therein or shall help the escape of such person, 
by means of violence, intimidation, or bribery. If other means are used, the penalty of 
RESTORATIVE 1 shall be imposed. 
 
If the escape of the prisoner shall take place outside of said establishments by taking the 
guards by surprise, the same penalties shall be imposed in their minimum LEVEL.  
 
Chapter FIVE 
EVASION OF SERVICE OF SENTENCE 
 
Art. 145.  VIOLATION of service of sentence. — The penalty of CORRECTIVE 1 shall be 
imposed upon any convict who shall evade service of his sentence. However, FOR 
VIOLATIONS OF COMMUNITY SERVICE IMPOSED IN LIEU OF RESTORATIVE 1 OR 2, 
THE PENALTY OF RESTORATIVE 1 OR RESTORATIVE 2, AS THE CASE MAY BE, SHALL 
BE IMPOSED. 
 


 
 45
Art. 146. Evasion of service of sentence on the occasion of disorder, conflagrations, 
earthquakes, or other calamities. — A convict who shall evade the service of his sentence, by 
leaving the penal institution where he shall have been confined, on the occasion of disorder 
resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a 
mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still 
remaining to be served under the original sentence, which in no case shall exceed six months, 
if he shall fail to give himself up to the authorities within forty-eight hours following the issuance 
of a proclamation by the Chief Executive announcing the passing away of such calamity. 
 
Convicts who, under the circumstances mentioned in the preceding paragraph, shall 
give themselves up to the authorities within the above mentioned period of 48 hours, shall be 
entitled to the deduction provided in Article ____(98). 
 
Art. 147. Other cases of evasion of service of sentence. — The penalty of CORRECTIVE 2 
shall be imposed upon the convict who, having been granted conditional pardon by the Chief 
Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted 
by the granting of such pardon be higher than six years, the convict shall then suffer the 
unexpired portion of his original sentence.
 
Title Four 
CRIMES AGAINST PUBLIC INTEREST 
 
Chapter One 
FORGERIES 
 
Section One. — Forging the seal of the Government of the PhilippineS AND OTHER 
PUBLIC ENTITIES, AS WELL AS the signature or stamp of the Chief Executive AND 
OTHER GOVERNMENT OFFICIALS; AND KNOWINGLY USING THE SAME 
 
Art. 148. Counterfeiting the great seal of the Government of the PhilippineS, forging the 
signature or stamp of the Chief Executive. — The penalty of AFFLICTIVE 1 shall be imposed 
upon any person who shall forge the Great Seal of the Government of the PhilippineS or the 
signature or stamp of the Chief Executive. 
 
ART. 149. COUNTERFEITING THE SEAL OF PUBLIC ENTITIES, FORGING THE 
SIGNATURE OR STAMP OF GOVERNMENT OFFICIALS. — THE PENALTY OF 
CORRECTIVE 1 SHALL BE IMPOSED UPON ANY PERSON WHO SHALL FORGE THE 
SEAL OF ANY PUBLIC ENTITY IN THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL 
BRANCHES OF GOVERNMENT, OR IN THE LOCAL GOVERNMENT. THE SAME 
PENALTY SHALL BE IMPOSED UPON ANY PERSON WHO SHALL FORGE THE 
SIGNATURE OR STAMP OF THE GOVERNMENT OFFICIALS ACTING IN THEIR OFFICIAL 
CAPACITIES ON BEHALF OF SAID PUBLIC ENTITIES. 
 
Art. 150. Using forged signature or counterfeit seal or stamp. — The penalty of AFFLICTIVE 
2 shall be imposed upon any person who shall knowingly make use of the counterfeit seal or 
forged signature or stamp mentioned in ARTICLE ____(161). THE PENALTY OF 
CORRECTIVE 2 SHALL BE IMPOSED UPON ANY PERSON WHO SHALL KNOWINGLY 
MAKE USE OF THE COUNTERFEIT SEAL OR FORGED SIGNATURE OR STAMP 
MENTIONED IN ARTICLE ___(161-A as proposed).  
 
Section Two. — Counterfeiting CURRENCIES 
 
Art. 151. Making and importing and uttering false CURRENCIES. — Any person who makes, 
imports, or utters, false CURRENCIES, in connivance with counterfeiters, or importers, shall 
suffer: 


 
 46
 
1. CORRECTIVE 1 and a fine not to exceed 400,000 pesos, if the counterfeited 
CURRENCY be of the Philippines; 
2. CORRECTIVE 2 and a fine not to exceed 200,000 pesos, if the counterfeited currency 
BE of a foreign country.  
 
           THE PENALTY NEXT HIGHER IN DEGREE SHALL BE IMPOSED IF THE PERSON 
MAKING, IMPORTING, KNOWINGLY POSSESSING WITH INTENT TO UTTER, OR 
UTTERING THE FALSE CURRENCIES SHALL HAVE ACTED IN CONNIVANCE WITH 
COUNTERFEITERS OR IMPORTERS. 
 
Art. 
152. Mutilation 
of 
CURRENCIES; 
Importation 
and 
utterance 
of 
mutilated 
CURRENCIES. — The penalty of CORRECTIVE 2 and a fine not to exceed 400,000 pesos 
shall be imposed upon any person who shall mutilate CURRENCIES of the PhilippineS or 
import, KNOWINGLY POSSESS WITH INTENT TO UTTER, or utter mutilated 
CURRENCIES. 
 
THE PENALTY NEXT HIGHER IN DEGREE SHALL BE IMPOSED IF THE PERSON 
MAKING, IMPORTING, KNOWINGLY POSSESSING WITH INTENT TO UTTER, OR 
UTTERING THE MUTILATED CURRENCIES SHALL HAVE ACTED IN CONNIVANCE WITH 
MUTILATORS OR IMPORTERS. 
 
Section Three. — Forging treasury or bank notes, obligations and securities; importing and 
uttering false or forged notes, obligations and securities 
 
Art. 153. Forging treasury or bank notes on other documents payable to bearer; importing, 
and uttering such false or forged notes and documents. — The forging or falsification of 
treasury or bank notes or certificates or other obligations and securities payable to bearer and 
the importation and uttering in connivance with forgers or importers of such false or forged 
obligations or notes, shall be punished as follows: 
 
1. By AFFLICTIVE 1 in its minimum LEVEL and a fine not to exceed Two million pesos 
(P2,000,000), if the document which has been falsified, counterfeited, or altered, is an 
obligations or security of the Philippines. 
 
The word "obligation or security of the Philippines" shall be held to mean all 
bonds, certificates of indebtedness, national bank notes, fractional notes, certificates 
of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of 
the Philippines, and other representatives of value, of whatever denomination, which 
have been or may be issued under any act of Congress, AS WELL AS LOTTERY, 
SWEEPSTAKES, AND OTHER TICKETS PRINTED BY THE GOVERNMENT IN 
CONNECTION WITH LEGAL GAMING ACTIVITIES. 
 
2. By AFFLICTIVE 2 in its maximum LEVEL and a fine not to exceed 1,000,000 pesos, if 
the falsified or altered document is a circulating note issued by any banking association 
duly authorized by law to issue the same. 
 
3. By AFFLICTIVE 2 and a fine not to exceed 1,000,000 pesos, if the falsified or 
counterfeited document was issued by a foreign government. 
 
4. By AFFLICTIVE 2 in its minimum LEVEL and a fine not to exceed 400,000 pesos, 
when the forged or altered document is a circulating note or bill issued by a foreign 
bank duly authorized therefor. 
 


 
 47
Art. 154. Counterfeiting, importing and uttering instruments not payable to bearer. — Any 
person who shall forge, import or utter, in connivance with the forgers or importers, any 
instrument payable to order or other document of credit not payable to bearer, shall suffer the 
penalties of CORRECTIVE 1 in its medium to maximum LEVELS and a fine not exceeding 
One million two hundred thousand pesos (P1,200,00). 
 
Art. 155. Illegal possession and use of false treasury or bank notes and other instruments of 
credit. — Unless the act be one of those coming under the provisions of any of the preceding 
articles, any person who shall knowingly use or have in his possession, with intent to use any 
of the false or falsified instruments referred to in this section, shall suffer the penalty next lower 
in degree than that prescribed in said articles. 
 
Art. 156. How forgery is committed. — The forgery referred to in this section may be 
committed by any of the following means: 
 
1. By giving to a treasury or bank note or any instrument, payable to bearer or order 
mentioned therein, the appearance of a true genuine document. 
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, 
words or signs contained therein. 
 
Section Four. — Falsification of legislative, TRAVEL, public, commercial, and private 
documents, and wireless, telegraph, and telephone message 
 
Art. 157. Falsification of legislative documents. — The penalty of CORRECTIVE 1 and a fine 
not exceeding 1,200,000 pesos shall be imposed upon any person who, without proper 
authority therefor alters any bill, resolution, or ordinance enacted or approved or pending 
approval by either House of the Legislature or any provincial board or municipal council. 
 
ART. 158. Falsification of Travel Documents and Related Offenses. — 1. The penalty of 
AFFLICTIVE 2 and a fine of 150,000 pesos shall be imposed upon any person who falsely 
makes, forges, counterfeits, mutilates or alters any passport or travel document or any 
supporting document for a passport application, with the intent of using the same; 
 
2. The penalty of AFFLICTIVE 1 and a fine of 1,000,000 pesos shall be imposed upon any 
person who commits the acts mentioned in the preceding paragraph involving five or more 
travel documents. Such crime would be considered massive forgery tantamount to national 
sabotage; 
 
3. The penalty of CORRECTIVE 1 and a fine of 100,000 pesos shall be imposed upon any 
person who willfully or knowingly uses or attempts to use, or furnishes to another for use any 
such false, forged, counterfeited, mutilated or altered passport or travel document or any 
passport validly issued which has become void by the occurrence of any condition therein 
prescribed. 
 
Art. 159. Falsification OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENTS. — The 
penalty of CORRECTIVE 1 and a fine not to exceed 1,000,000 pesos shall be imposed upon 
any PERSON, who shall falsify a PUBLIC, OFFICIAL, OR COMMERCIAL document by 
committing any of the following acts: 
 
1. Counterfeiting or imitating any handwriting, signature or rubric; 
2. Causing it to appear that persons have participated in any act or proceeding when they 
did not in fact so participate; 
3. Attributing to persons who have participated in an act or proceeding statements other 
than those in fact made by them; 
4. Making untruthful statements in a narration of facts; 


 
 48
5. Altering true dates; 
6. Making any alteration or intercalation in a genuine document which changes its 
meaning; 
7. Issuing in an authenticated form a document purporting to be a copy of an original 
document when no such original exists, or including in such a copy a statement 
contrary to, or different from, that of the genuine original; or 
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, 
registry, or official book. 
 
THE PENALTY OF AFFLICTIVE 2 SHALL BE IMPOSED UPON THE FOLLOWING 
PERSONS IF THEY COMMITTED THE ACTS OF FALSIFICATION OF PUBLIC, OFFICIAL, 
OR COMMERCIAL DOCUMENTS AS DEFINED AND PUNISHED IN THIS ARTICLE: 
 
1. PUBLIC OFFICERS, PUBLIC EMPLOYEES, OR NOTARIES PUBLIC, PROVIDED 
THEY FALSIFY PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENTS WHICH 
THEY PREPARED, INTERVENED IN, OR HAVE CUSTODY OF IN THE COURSE 
OF THE PERFORMANCE OF THEIR OFFICIAL DUTIES; 
2. ECCLESIASTICAL MINISTERS, PROVIDED THEY FALSIFY PUBLIC, OFFICIAL, 
OR COMMERCIAL DOCUMENTS THAT MAY AFFECT THE CIVIL STATUS OF 
PERSONS. 
 
Art. 160. Falsification of PRIVATE documents. — The penalty of CORRECTIVE 2 in the 
maximum LEVEL and a fine of not more than 1,000,000 pesos shall be imposed upon any 
person who, to the damage of a third party, or with the intent to cause such damage, shall in 
any private document commit any of the acts of falsification enumerated in the next preceding 
article. 
 
ART. 161. Use of Falsified Documents. — THE PENALTY OF CORRECTIVE 2 AND A FINE 
OF NOT MORE THAN 100,000 PESOS SHALL BE IMPOSED UPON ANY PERSON WHO: 
 
1. Knowingly introduces into evidence in a judicial, quasi-judicial, administrative, or any 
official proceeding a falsified document under Article ____(171) and ____(172); 
2. Uses a falsified document under Article ____(171) and ____(172) to the damage of 
another person, or with the intent to cause damage. 
 
Art. 162. Falsification of wireless, cable, telegraph and telephone messages, and use of said 
falsified messages. — The penalty of CORRECTIVE 1 shall be imposed upon officer or 
employee of the Government or of any private corporation or concern engaged in the service 
of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, 
telegraph or telephone message of any system or falsifies the same. 
 
Any person who shall use such falsified dispatch to the prejudice of a third party or with the 
intent of cause such prejudice, shall suffer the penalty next lower in degree.  
 
Section Five. — Falsification of medical certificates, 
certificates of merit or services and the like 
 
Art. 163. False medical certificates, false certificates of merits or service, etc.— The penalties 
of CORRECTIVE 2 and a fine not to exceed 200,000 pesos shall be imposed upon: 
 
1. Any physician or surgeon who, in connection, with the practice of his profession, shall 
issue a false certificate; and 
2. Any public officer who shall issue a false certificate of merit of service, good conduct 
or similar circumstances. 
 


 
 49
The penalty of RESTORATIVE 1 shall be imposed upon any private person who shall 
falsify a certificate falling within the classes mentioned in the two preceding subdivisions. 
 
Art. 164. Using false certificates. — The penalty of RESTORATIVE 2 shall be imposed upon 
any one who shall knowingly use any of the false certificates mentioned in the next preceding 
article.  
 
Section SIX (NEW). — 
OTHER CRIMES INVOLVING FORGERY AND COUNTERFEITING 
 
Art. 165. Art Forgery. — The penalty of AFFLICTIVE 2 and a fine of not more than 500,000 
pesos shall be imposed upon any person committing forgery related to art, as follows: 
 
1. Affixing or causing to appear a usurped or forged signature or sign on any work of fine 
art; 
2. Counterfeiting or imitating any original signature or sign, with the intent to deceive the 
public or the buyer as to the authorship of a work of art; 
3. Selling or circulating any work of fine art bearing forged or usurped signatures or signs; 
and 
4. Imitating or reproducing any work of fine art with intent to deceive the public or the 
buyer as to the authenticity of the work. 
 
If the acts are committed by a corporation, partnership or any kind of judicial entity, the penalty 
provided herein shall be imposed on its chief executive and/or other officials responsible 
therefor. 
 
If the acts are committed by the art dealers or the owners or operators of art galleries, they 
shall suffer, in addition to the penalties provided herein, the automatic revocation of their 
license to operate. 
 
Art. 166. Counterfeiting Drugs and Related Offenses. — The penalty of AFFLICTIVE 2 to 
AFFLICTIVE 1 shall be imposed upon any person who manufactures, sells, offers for sale, 
donates, distributes, traffics, brokers, exports, imports or possesses counterfeit drugs.  
 
 
Should the offense be committed by a juridical person, the president, general manager, 
the managing partner, chief operating officer or the person who directly induces, causes or 
knowingly allows the commission of the drug counterfeit shall be penalized. 
 
          For purposes of this Article, “counterfeit drugs” refers to medicinal products with the 
correct ingredients but not in the amounts as provided hereunder, wrong ingredients, without 
active ingredients, with insufficient quantity of active ingredient, which results in the reduction 
of the drug's safety, efficacy, quality, strength or purity. It is a drug which is deliberately and 
fraudulently mislabeled with respect to identity and/or source or with fake packaging, and can 
apply to both branded and generic products. It shall also refer to: 
 
1. the drug itself, or the container or labeling thereof or any part of such drug, container 
or labeling bearing without authorization the trademark, trade name or other 
identification mark or imprint or any likeness to that which is owned or registered in the 
Bureau of Patent, Trademark and Technology Transfer (BPTTT) in the name of 
another natural or juridical person; 
2. a drug product refilled in containers by unauthorized persons if the legitimate labels or 
marks are used; 
3. an unregistered imported drug product, except drugs brought in the country for 
personal use as confirmed and justified by accompanying medical records; and 


 
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4. a drug which contains no amount of, or a different active ingredient, or less than eighty 
percent (80%) of the active ingredient it purports to possess, as distinguished from an 
adulterated drug including reduction or loss of efficacy due to expiration. 
 
Art. 167. Counterfeiting Access Devices. — The penalty of AFFLICTIVE 2 and a fine of not 
more than 100,000 pesos shall be imposed upon any person who: 
 
1. produces, uses, traffics in one or more counterfeit access devices; 
2. possesses one or more counterfeit access devices or access devices fraudulently 
applied for; or 
3. induces, entices, permits or in any manner allows another, for consideration or 
otherwise to produce, use, traffic in counterfeit access devices, unauthorized access 
devices or access devices fraudulently applied for. 
 
          For purposes of this Article, an “access device” is any card, plate, code, account 
number, electronic serial number, personal identification number, or other telecommunications 
service, equipment, or instrumental identifier, or other means of account access that can be 
used to obtain money, good, services, or any other thing of value or to initiate a transfer of 
funds (other than a transfer originated solely by paper instrument). 
 
Section SEVEN. — Manufacturing, importing and possession of instruments or implements 
intended for the commission of falsification OR COUNTERFEITING 
 
Art. 168. Manufacturing and possession of instruments or implements for falsification OR 
COUNTERFEITING. — The penalty of CORRECTIVE 1 and a fine not to exceed 1,000,000 
pesos shall be imposed upon any person who shall make or introduce into the Philippines any 
stamps, dies, marks, or other instruments or implements intended to be used in the 
commission of the offenses of counterfeiting or falsification mentioned in the preceding 
sections of this Chapter.  
 
Any person who, with the intention of using them, shall have in his possession any of 
the instruments or implements mentioned in the preceding paragraphs, shall suffer the penalty 
next lower in degree than that provided therein.  
 
Chapter Two 
OTHER FALSITIES 
 
Section One. — Usurpation of authority, rank, title, and improper use of names, uniforms 
and insignia 
 
Art. 169. Usurpation of authority or official functions. — Any person who shall knowingly and 
falsely represent himself to be an officer, agent or representative of any department or agency 
of the Philippine Government or of any foreign government, or who, under pretense of official 
position, shall perform any act pertaining to any person in authority or public officer of the 
Philippine Government or any foreign government, or any agency thereof, without being 
lawfully entitled to do so, shall suffer the penalty of CORRECTIVE 2. 
 
Art. 170. Using fictitious name and concealing true name. — The penalty of RESTORATIVE 
1 and a fine not to exceed 100,000 pesos shall be imposed upon any person who shall publicly 
use a fictitious name for the purpose of concealing a crime, evading the execution of a 
judgment or causing damage. THE USE OF A FICTITIOUS NAME AS A PSEUDONYM OR 
ALIAS FOR LITERARY, CINEMA, OR OTHER ENTERTAINMENT PURPOSES SHALL BE 
ALLOWED. FOR OTHER PURPOSES, THE USE OF A PSEUDONYM OR ALIAS SHALL BE 
ALLOWED ONLY WITH PRIOR JUDICIAL AUTHORITY. 
 


 
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Any person who conceals his true name and other personal circumstances shall be 
punished by RESTORATIVE 2 or a fine not to exceed 40,000 pesos. 
 
Art. 171. Illegal use of uniforms or insignia. — The penalty of RESTORATIVE 1 shall be 
imposed upon any person who shall publicly and improperly make use of insignia, uniforms or 
dress pertaining to an office not held by such person or to a class of persons of which he is 
not a member. FOR PURPOSES OF THIS ARTICLE, “IMPROPER USE” OF UNIFORMS OR 
INSIGNIAS SHALL INCLUDE UNAUTHORIZED USE WITH THE INTENT TO DECEIVE OR 
DEFRAUD OR COMMIT A CRIME; OR WITH THE INTENT TO AVAIL UNWARRANTED 
BENEFITS, ADVANTAGE, OR PREFERENCE, OR EXERCISE PRIVILEGES OR 
PREROGATIVES WHICH THE WEARER OF THE UNIFORM OR INSIGNIA COULD NOT 
OTHERWISE AVAIL. 
 
Section Two. — False testimony 
 
Art. 172. False testimony IN CRIMINAL CASES. — Any person who shall give false testimony 
against the defendant in any criminal case shall suffer, APART FROM A FINE OF NOT MORE 
THAN 200,000 PESOS: 
 
1. The penalty of AFFLICTIVE 1, if the ACCUSED in said case shall have been 
sentenced to PUNITIVE 1 OR PUNITIVE 2; 
2. The penalty of AFFLICTIVE 2, if the ACCUSED shall have been sentenced to 
AFFLICTIVE 1; and 
3. The penalty of CORRECTIVE 1, if the ACCUSED shall have been sentenced to ANY 
OTHER PENALTY, or shall have been acquitted. 
 
IN CASE THE FALSE TESTIMONY IN A CRIMINAL CASE IS FAVORABLE TO THE 
ACCUSED, THE PERSON GIVING IT SHALL SUFFER THE PENALTY OF CORRECTIVE 2 
AND A FINE OF NOT MORE THAN 100,000 PESOS. 
 
IN ALL PROSECUTIONS UNDER THIS ARTICLE, PRIOR JUDGMENT IN THE CRIMINAL 
CASE IN WHICH THE FALSE TESTIMONY WAS GIVEN SHALL BE A CONDITION 
PRECEDENT. 
 
Art. 173. False testimony in civil cases. — Any person found guilty of false testimony in a civil 
case shall suffer the penalty of CORRECTIVE 2 and a fine not to exceed 1,200,000 pesos, if 
the amount in controversy shall exceed 1,000,000 pesos, and the penalty of RESTORATIVE 
1 TO CORRECTIVE 2 IN ITS MAXIMUM LEVEL and a fine not to exceed 200,000 pesos, if 
the amount in controversy shall not exceed said amount or cannot be estimated. 
 
IN ALL PROSECUTIONS UNDER THIS ARTICLE, PRIOR JUDGMENT IN THE CIVIL CASE 
IN WHICH THE FALSE TESTIMONY WAS GIVEN SHALL BE A CONDITION PRECEDENT. 
 
Art. 174. False testimony in other cases and perjury in solemn affirmation.— The penalty of 
RESTORATIVE 1 IN ITS MAXIMUM LEVEL TO CORRECTIVE 2shall be imposed upon any 
person, who knowingly makes untruthful statements and not being included in the provisions 
of the next preceding articles, shall testify under oath, or make an affidavit, upon any material 
matter before a competent person authorized to administer an oath in cases in which the law 
so requires. 
 
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit 
any of the falsehoods mentioned in this and the three preceding articles of this section, shall 
suffer the respective penalties provided therein. 
 


 
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Art. 175. Offering false testimony in evidence. — Any person who shall knowingly offer in 
evidence a false witness or testimony in any judicial or official proceeding, shall be punished 
as guilty of false testimony and shall suffer the respective penalties provided in this section.  
 
Chapter Three 
MACHINATIONS IN PUBLIC PROCUREMENT 
 
Art. 176. Machinations in public PROCUREMENT, COMMITTED BY PUBLIC OFFICERS. — 
The penalty of CORRECTIVE 1 shall be imposed on public officers who commit any of the 
following machinations in public procurement: 
 
(1) Open any sealed Bid including but not limited to Bids that may have been 
submitted through the electronic system and any and all documents required 
to be sealed or divulging their contents, prior to the appointed time for the 
public opening of Bids or other documents. 
(2) Delaying, without justifiable cause, the screening for eligibility, opening of bids, 
evaluation and post evaluation of bids, and awarding of contracts beyond the 
prescribed periods of action provided for in the IRR. 
(3) Unduly influencing or exerting undue pressure on any member of the BAC or 
any officer or employee of the procuring entity to take a particular action which 
favors, or tends to favor a particular bidder. 
(4) Splitting of contracts which exceed procedural purchase limits and competitive 
bidding. 
(5) When the head of the agency abuses the exercise of his power to reject any 
and all bids as mentioned under _____(Section 41 of this Act) with manifest 
preference to any bidder who is closely related to him in accordance with 
_____(Section 47 of this Act). 
 
 
When any of the foregoing acts is done in collusion with private individuals, the private 
individuals shall likewise be liable for the offense. 
 
 
In addition, the public officer involved shall also suffer the penalty of temporary 
disqualification from public office, while the private individual shall be permanently disqualified 
from transacting business with the Government. 
 
Art. 177. Machinations in public procurement, committed by private individuals. — The penalty 
of CORRECTIVE 1 shall be imposed on private individuals who commit any of the following 
machinations in public procurement: 
 
(1) When two or more bidders agree and submit different Bids as if they were bona 
fide, when they knew that one or more of them was so much higher than the 
other that it could not be honestly accepted and that the contract will surely be 
awarded to the pre-arranged lowest Bid. 
(2) When a bidder maliciously submits different Bids through two or more persons, 
corporations, partnerships or any other business entity in which he has interest 
to create the appearance of competition that does not in fact exist so as to be 
adjudged as the winning bidder. 
(3) When two or more bidders enter into an agreement which call upon one to 
refrain from bidding for Procurement contracts, or which call for withdrawal of 
Bids already submitted, or which are otherwise intended to secure an undue 
advantage to any one of them. 
(4) When a bidder, by himself or in connivance with others, employ schemes which 
tend to restrain the natural rivalry of the parties or operates to stifle or suppress 
competition and thus produce a result disadvantageous to the public. 
 


 
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In addition, the persons involved shall also suffer the penalty of temporary or perpetual 
disqualification from public office and be permanently disqualified from transacting business 
with the Government. 
 
The penalty of CORRECTIVE 2 shall be imposed on private individuals, and public officers 
conspiring with them, if any, who commit any of the following machinations in public 
procurement: 
 
(1) Submit eligibility requirements of whatever kind and nature that contain false 
information or falsified documents calculated to influence the outcome of the eligibility 
screening process or conceal such information in the eligibility requirements when the 
information will lead to a declaration of ineligibility from participating in public bidding. 
(2) Submit Bidding Documents of whatever kind and nature that contain false information 
or falsified documents or conceal such information in the Bidding Documents, in order 
to influence the outcome of the public bidding. 
(3) Participate in a public bidding using the name of another or allow another to use one’s 
name for the purpose of participating in a public bidding. 
(4) Withdraw a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest 
Rated Bid, or refuse to accept an award, without just cause or for the purpose of 
forcing the Procuring Entity to award the contract to another bidder. This shall include 
the non-submission within the prescribed time, or delaying the submission of 
requirements such as, but not limited to, performance security, preparatory to the final 
award of the contract. 
 
 
When the bidder is a juridical entity, criminal liability and the accessory penalties shall 
be imposed on its directors, officers or employees who actually commit any of the foregoing 
acts. 
 
Title Five 
CRIMES RELATIVE TO DANGEROUS DRUGS, CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS 
 
Chapter One 
ILLEGAL TRAFFICKING 
 
Art. 178. Importation of Dangerous Drugs and/or Controlled Precursors and Essential 
Chemicals. — The penalty of PUNITIVE 2 to PUNITIVE 1 and a fine ranging from Five hundred 
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon 
any person, who, unless authorized by law, shall import or bring into the Philippines any 
dangerous drug, regardless of the quantity and purity involved, including any and all species 
of opium poppy or any part thereof or substances derived therefrom even for floral, decorative 
and culinary purposes. 
 
The penalty of imprisonment ranging from AFFLICTIVE 1 and a fine ranging from One 
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall 
be imposed upon any person, who, unless authorized by law, shall import any controlled 
precursor and essential chemical. 
 
The maximum penalty provided for under this Section shall be imposed upon any 
person, who, unless authorized under this Act, shall import or bring into the Philippines any 
dangerous drug and/or controlled precursor and essential chemical through the use of a 
diplomatic passport, diplomatic facilities or any other means involving his/her official status 
intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall 
be confiscated and canceled. 
 


 
 54
The maximum penalty provided for under this Section shall be imposed upon any 
person, who organizes, manages or acts as a "financier" of any of the illegal activities 
prescribed in this Section. 
 
The penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any 
person, who acts as a "protector/coddler" of any violator of the provisions under this ARTICLE. 
 
Art. 
179. Sale, 
Trading, 
Administration, 
Dispensation, 
Delivery, 
Distribution 
and 
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — 
The penalty of PUNITIVE 2 to PUNITIVE 1 and a fine ranging from Five hundred thousand 
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any 
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give 
away to another, distribute dispatch in transit or transport any dangerous drug, including any 
and all species of opium poppy regardless of the quantity and purity involved, or shall act as 
a broker in any of such transactions. 
 
The penalty of imprisonment ranging from AFFLICTIVE 1 and a fine ranging from One 
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall 
be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, 
dispense, deliver, give away to another, distribute, dispatch in transit or transport any 
controlled precursor and essential chemical, or shall act as a broker in such transactions. 
 
If the sale, trading, administration, dispensation, delivery, distribution or transportation 
of any dangerous drug and/or controlled precursor and essential chemical transpires within 
one hundred (100) meters from the school, the maximum penalty shall be imposed in every 
case. 
 
For drug pushers who use minors or mentally incapacitated individuals as runners, 
couriers and messengers, or in any other capacity directly connected to the dangerous drugs 
and/or controlled precursors and essential chemical trade, the maximum penalty shall be 
imposed in every case. 
 
If the victim of the offense is a minor or a mentally incapacitated individual, or should a 
dangerous drug and/or a controlled precursor and essential chemical involved in any offense 
herein provided be the proximate cause of death of a victim thereof, the maximum penalty 
provided for under this Section shall be imposed. 
 
The maximum penalty provided for under this ARTICLE shall be imposed upon any 
person who organizes, manages or acts as a "financier" of any of the illegal activities 
prescribed in this ARTICLE. 
 
The penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any 
person, who acts as a "protector/coddler" of any violator of the provisions under this ARTICLE. 
 
Art. 180. Maintenance of a Den, Dive or Resort. — The penalty of PUNITIVE 2 to PUNITIVE 
1 and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos 
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain 
a den, dive or resort where any dangerous drug is used or sold in any form. 
 
The penalty of imprisonment ranging from AFFLICTIVE 1 and a fine ranging from One 
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall 
be imposed upon any person or group of persons who shall maintain a den, dive, or resort 
where any controlled precursor and essential chemical is used or sold in any form. 


 
 55
 
The maximum penalty provided for under this ARTICLE shall be imposed in every case 
where any dangerous drug is administered, delivered or sold to a minor who is allowed to use 
the same in such a place. 
 
Should any dangerous drug be the proximate cause of the death of a person using the 
same in such den, dive or resort, the penalty of PUNITIVE 1 and a fine ranging from One 
million PESOS (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed 
on the maintainer, owner and/or operator. 
 
If such den, dive or resort is owned by a third person, the same shall be confiscated and 
escheated in favor of the government: Provided, That the criminal complaint shall specifically 
allege that such place is intentionally used in the furtherance of the crime: Provided, further, 
That the prosecution shall prove such intent on the part of the owner to use the property for 
such purpose: Provided, finally, That the owner shall be included as an accused in the criminal 
complaint. 
 
The maximum penalty provided for under this ARTICLE shall be imposed upon any 
person who organizes, manages or acts as a "financier" of any of the illegal activities 
prescribed in this ARTICLE. 
 
The penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any 
person, who acts as a "protector/coddler" of any violator of the provisions under this ARTICLE. 
 
Art. 181.  Employees and Visitors of a Den, Dive or Resort. — The penalty of AFFLICTIVE 1 
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred 
thousand pesos (P500,000.00) shall be imposed upon: 
 
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as 
such; and 
(b) Any person who, not being included in the provisions of the next preceding 
paragraph, is aware of the nature of the place as such and shall knowingly visit the 
same. 
 
Art. 182. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential 
Chemicals. — The penalty of PUNITIVE 2 to PUNITIVE 1 and a fine ranging Five hundred 
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon 
any person, who, unless authorized by law, shall engage in the manufacture of any dangerous 
drug. 
 
The penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any 
person, who, unless authorized by law, shall manufacture any controlled precursor and 
essential chemical. 
 
The presence of any controlled precursor and essential chemical or laboratory 
equipment in the clandestine laboratory is a prima facie proof of manufacture of any 
dangerous drug. It shall be considered an aggravating circumstance if the clandestine 
laboratory is undertaken or established under the following circumstances: 
 
(a) Any phase of the manufacturing process was conducted in the presence or with the 
help of minor/s: 
(b) Any phase or manufacturing process was established or undertaken within one 
hundred (100) meters of a residential, business, church or school premises; 


 
 56
(c) Any clandestine laboratory was secured or protected with booby traps; 
(d) Any clandestine laboratory was concealed with legitimate business operations; or 
(e) Any employment of a practitioner, chemical engineer, public official or foreigner. 
 
The maximum penalty provided for under this ARTICLE shall be imposed upon any 
person, who organizes, manages or acts as a "financier" of any of the illegal activities 
prescribed in this ARTICLE. 
 
The penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any 
person, who acts as a "protector/coddler" of any violator of the provisions under this ARTICLE. 
 
Art. 183. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other 
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. 
— The penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any 
person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver 
equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or 
under circumstances where one reasonably should know, that it will be used to plant, 
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, 
prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or 
controlled precursor and essential chemical in violation of this CODE. 
 
The penalty of CORRECTIVE 2 and a fine ranging from Ten thousand pesos 
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, 
ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this 
CODE. 
 
The maximum penalty provided for under this ARTICLE shall be imposed upon any 
person, who uses a minor or a mentally incapacitated individual to deliver such equipment, 
instrument, apparatus and other paraphernalia for dangerous drugs. 
 
Chapter Two 
ILLEGAL POSSESSION 
 
Art. 184. Possession of Dangerous Drugs. — The penalty of PUNITIVE 2 to PUNITIVE 1 and 
a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos 
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall 
possess any dangerous drug in the following quantities, regardless of the degree of purity 
thereof: 
 
(1) 10 grams or more of opium; 
(2) 10 grams or more of morphine; 
(3) 10 grams or more of heroin; 
(4) 10 grams or more of cocaine or cocaine hydrochloride; 
(5) 50 grams or more of methamphetamine hydrochloride or "shabu"; 
(6) 10 grams or more of marijuana resin or marijuana resin oil; 
(7) 500 grams or more of marijuana; and 
(8) 10 grams or more of other dangerous drugs such as, but not limited to, 
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine 
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma 
hydroxyamphetamine (GHB), and those similarly designed or newly introduced 
drugs and their derivatives, without having any therapeutic value or if the quantity 
possessed is far beyond therapeutic requirements, as determined and promulgated 


 
 57
by the DANGEROUS DRUGS Board in accordance to Section 93, Article XI of this 
Act. 
 
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties 
shall be graduated as follows: 
 
(1) PUNITIVE 2 and a fine ranging from Four hundred thousand pesos (P400,000.00) 
to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine 
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams; 
(2) PUNITIVE 2 IN ITS MINIMUM LEVEL and a fine ranging from Four hundred 
thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if 
the quantities of dangerous drugs are five (5) grams or more but less than ten (10) 
grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana 
resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other 
dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, 
GHB, and those similarly designed or newly introduced drugs and their derivatives, 
without having any therapeutic value or if the quantity possessed is far beyond 
therapeutic requirements; or three hundred (300) grams or more but less than five 
(hundred) 500) grams of marijuana; and 
(3) AFFLICTIVE 1 and a fine ranging from Three hundred thousand pesos 
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of 
dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine 
or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine 
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, 
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly 
introduced drugs and their derivatives, without having any therapeutic value or if the 
quantity possessed is far beyond therapeutic requirements; or less than three 
hundred (300) grams of marijuana. 
 
Art. 185. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for 
Dangerous Drugs. — The penalty of CORRECTIVE 2 and a fine ranging from Ten thousand 
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, 
who, unless authorized by law, shall possess or have under his/her control any equipment, 
instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, 
administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, 
That in the case of medical practitioners and various professionals who are required to carry 
such equipment, instrument, apparatus and other paraphernalia in the practice of their 
profession, the DANGEROUS DRUGS Board shall prescribe the necessary implementing 
guidelines thereof. 
 
The possession of such equipment, instrument, apparatus and other paraphernalia fit or 
intended for any of the purposes enumerated in the preceding paragraph shall be prima 
facie evidence that the possessor has smoked, consumed, administered to himself/herself, 
injected, ingested or used a dangerous drug and shall be presumed to have violated ARTICLE 
_____ of this CODE. 
 
Art. 186. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. 
— Any person found possessing any dangerous drug during a party, or at a social gathering 
or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum 
penalties provided for in ARTICLE _____ of this CODE, regardless of the quantity and purity 
of such dangerous drugs. 
 
Art. 187. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for 
Dangerous Drugs During Parties, Social Gatherings or Meetings. — The maximum penalty 
provided for in ARTICLE _____ of this CODE shall be imposed upon any person, who shall 


 
 58
possess or have under his/her control any equipment, instrument, apparatus and other 
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or 
introducing any dangerous drug into the body, during parties, social gatherings or meetings, 
or in the proximate company of at least two (2) persons. 
 
Chapter Three 
ILLEGAL USE 
 
Art. 188. Use of Dangerous Drugs. — A person apprehended or arrested, who is found to be 
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty 
of a minimum of six (6) months rehabilitation in a government center for the first offense, 
subject to the provisions of Article VIII of REPUBLIC ACT NO. 9165. If apprehended using 
any dangerous drug for the second time, he/she shall suffer the penalty of AFFLICTIVE 2 and 
a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos 
(P200,000.00): Provided, That this ARTICLE shall not be applicable where the person tested 
is also found to have in his/her possession such quantity of any dangerous drug provided for 
under ARTICLE _____ of this CODE, in which case the provisions stated therein shall apply. 
 
Chapter Four 
OTHER CRIMES RELATIVE TO DANGEROUS DRUGS, CONTROLLED PRECURSORS 
AND ESSENTIAL CHEMICALS 
 
Section One. — Chemical Diversion  
 
Art. 189. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. — The 
penalty of AFFLICTIVE 1 and a fine ranging from One hundred thousand pesos (P100,000.00) 
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, 
unless authorized by law, shall illegally divert any controlled precursor and essential chemical. 
 
Section Two. —  Failure to Maintain Records 
 
Art. 190. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs 
and/or Controlled Precursors and Essential Chemicals. — The penalty of CORRECTIVE 1 
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos 
(P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, 
distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping 
of the original records of transactions on any dangerous drug and/or controlled precursor and 
essential chemical in accordance with Section 40 of REPUBLIC ACT NO. 9165. 
 
An additional penalty shall be imposed through the revocation of the license to practice 
his/her profession, in case of a practitioner, or of the business, in case of a manufacturer, 
seller, importer, distributor, dealer or retailer. 
 
Section Three. — Illegal Prescription 
 
Art. 191. Unnecessary Prescription of Dangerous Drugs. — The penalty of AFFLICTIVE 1 
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred 
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license 
to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to 
any person whose physical or physiological condition does not require the use or in the dosage 
prescribed therein, as determined by the DANGEROUS DRUGS Board in consultation with 
recognized competent experts who are authorized representatives of professional 
organizations of practitioners, particularly those who are involved in the care of persons with 
severe pain. 
 


 
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Art. 192. Unlawful Prescription of Dangerous Drugs. —The penalty of PUNITIVE 2 to 
PUNITIVE 1 and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten 
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by 
law, shall make or issue a prescription or any other writing purporting to be a prescription for 
any dangerous drug. 
 
Section Four. — Mishandling of Dangerous Drugs, Drug Tests, Cases and Evidence 
 
Art. 193. Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized 
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled 
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory 
Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. 
— The penalty of PUNITIVE 2 TO PUNITIVE 1 and a fine ranging from Five hundred thousand 
pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual 
disqualification from any public office, shall be imposed upon any public officer or employee 
who misappropriates, misapplies or fails to account for confiscated, seized or surrendered 
dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential 
chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or 
properties obtained from the unlawful acts as provided for in this CODE. 
 
Any elective local or national official found to have benefited from the proceeds of the 
trafficking of dangerous drugs as prescribed in this Act, or have received any financial or 
material contributions or donations from natural or juridical persons found guilty of trafficking 
dangerous drugs as prescribed in this CODE, shall be removed from office and perpetually 
disqualified from holding any elective or appointive positions in the government, its divisions, 
subdivisions, and intermediaries, including government-owned or -controlled corporations. 
 
Art. 194.  Planting of Evidence. — Any person who is found guilty of "planting" any dangerous 
drug and/or controlled precursor and essential chemical, regardless of quantity and purity, 
shall suffer the penalty of PUNITIVE 1. 
 
Art. 195.  Issuance of False or Fraudulent Drug Test Results. — Any person authorized, 
licensed or accredited under this Act and its implementing rules to conduct drug examination 
or test, who issues false or fraudulent drug test results knowingly, willfully or through gross 
negligence, shall suffer the penalty of imprisonment ranging from six (6) years and one (1) 
day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) 
to Five hundred thousand pesos (P500,000.00). 
 
An additional penalty shall be imposed through the revocation of the license to practice his/her 
profession in case of a practitioner, and the closure of the drug testing center. 
 
Art. 196. Delay and Bungling in the Prosecution of Drug Cases. — Any government officer or 
employee tasked with the prosecution of drug- related cases under this CODE, who, through 
patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful 
prosecution and/or dismissal of the said drug cases, shall suffer the penalty of AFFLICTIVE 1 
TO PUNITIVE 2. 
 
Section Five. — Violation of Regulations of the Dangerous Drugs Board 
 
Art. 197. Violating Any Regulation Issued by the Board. — The penalty of CORRECTIVE 2 
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos 
(P50,000.00) shall be imposed upon any person found violating any regulation duly issued by 
the Board pursuant to R.A. NO. 9165, in addition to the administrative sanctions imposed by 
the Board. 
 


 
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Chapter Five 
CONSPIRACY TO COMMIT CRIMES RELATED TO DANGEROUS DRUGS, 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS 
 
Art. 198.  Conspiracy TO COMMIT CRIMES RELATED TO DANGEROUS DRUGS, 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS. — Any conspiracy to 
commit the following unlawful acts shall be penalized by the penalty OF ______________: 
 
(a) Importation of any dangerous drug and/or controlled precursor and essential 
chemical; 
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation 
of any dangerous drug and/or controlled precursor and essential chemical; 
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; 
(d) Manufacture of any dangerous drug and/or controlled precursor and essential 
chemical; and 
(e) Cultivation or culture of plants which are sources of dangerous drugs. 
 
Title Six 
CRIMES AGAINST PUBLIC MORALS 
 
Chapter ONE 
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS 
 
Art. 199. Grave scandal. — The penalties of RESTORATIVE 1 and PUBLIC REPRIMAND 
shall be imposed upon any person who shall offend against decency or good customs by any 
highly scandalous conduct not expressly falling within any other article of this Code. 
 
Art. 200. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The 
penalty of CORRECTIVE 2 or a fine ranging from 20,000 to 200,000 pesos, or both such 
imprisonment and fine, shall be imposed upon: 
 
1. (a) the authors of obscene literature, published with their knowledge in any form; 
the editors publishing such literature; and the owners/operators of the 
establishment selling the same;  
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, 
indecent or immoral plays, scenes, acts or shows, whether live or in film, which are 
prescribed by virtue hereof, shall include those which  
(1) glorify criminals or condone crimes;  
(2) serve no other purpose but to satisfy the market for violence, lust or 
pornography;  
(3) offend any race or religion;  
(4) tend to abet traffic in and use of prohibited drugs; and  
(5) are contrary to law, public order, morals, and good customs, established 
policies, lawful orders, decrees and edicts; and 
2. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or 
literature which are offensive to morals.  
 
 
WHERE THESE ACTS HIRE, EMPLOY, USE, PERSUADE, INDUCE OR COERCE A 
CHILD TO PERFORM in obscene exhibitions and indecent shows, whether live or in video, or 
model in obscene publications or pornographic materials or to sell or distribute the said 
materials, THE PERSON shall suffer the penalty of AFFLICTIVE 2. 
 
 
IF THE CHILD USED AS A PERFORMER, SUBJECT OR SELLER/DISTRIBUTOR 
IS BELOW TWELVE (12) YEARS OF AGE, THE PENALTY SHALL BE IMPOSED IN ITS 
MAXIMUM LEVEL. 


 
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CHAPTER TWO 
SEXUAL HARASSMENT 
 
SECTION ONE. — SEXUAL HARASSMENT IN A WORK, TRAINING, OR EDUCATION 
ENVIRONMENT 
 
Art. 201.  Sexual Harassment. — The penalty of CORRECTIVE 2 or a fine ranging from 
20,0002 to 100,0003 pesos, or both, shall be imposed: 
 
(a) Upon an employer, employee, manager, supervisor, agent of the employer, WHO 
COMMITS ANY act or series of acts involving any unwelcome sexual advances, 
requests or demand for sexual favors or any act of sexual nature, whether done 
verbally, physically or through the use of technology regardless of whether the 
demand, request or requirement for submission is accepted by the object of said Act 
as a condition in the hiring or  in the employment of said individual, or in granting said 
individual favorable WORK compensation, terms AND conditions, promotions, or 
privileges;  or the refusal to grant the sexual favor results in limiting OR segregating 
the employee which in any way  would discriminate, deprive or diminish employment 
opportunities, EMPLOYEE’S RIGHTS OR PRIVILEGES or otherwise adversely affect 
said employee; 
(b) UPON ANY teacher, instructor, professor, coach, trainor, one who HAS care, custody 
or supervision of ANOTHER, OR IS ENTRUSTED WITH THE education, training, 
apprenticeship  or tutorship OF ANOTHER, WHO   DEMANDS, REQUESTS OR 
OTHERWISE REQUIRES ANY sexual favor AS a condition to the giving  of a passing 
grade, or the granting of honors and scholarships,  or the payment of a stipend or other 
benefit or consideration OR MAKES SEXUAL ADVANCES THAT RESULT IN AN 
INTIMIDATING, HOSTILE OR OFFENSIVE ENVIRONMENT FOR THE STUDENT, 
TRAINEE, OR APPRENTICE.; or 
(c) UPON any other person who, having authority, influence or moral ascendancy  over 
another in a work or training or education environment, COMMITS ANY ACT OR 
SERIES OF ACTS INVOLVING ANY UNWELCOME SEXUAL ADVANCES, 
REQUESTS OR DEMAND FOR SEXUAL FAVORS OR ANY ACT OF SEXUAL 
NATURE, WHETHER DONE VERBALLY, PHYSICALLY OR THROUGH THE USE 
OF TECHNOLOGY REGARDLESS OF WHETHER THE DEMAND, REQUEST OR 
REQUIREMENT FOR SUBMISSION IS ACCEPTED BY THE OBJECT OF SAID ACT. 
 
SECTION TWO. — VIOLATION OF SAFE SPACES 
 
ART. 202. GENDER-BASED SEXUAL HARASSMENT AS A VIOLATION OF SAFE 
SPACES. Gender-based sexual harassment IS committed through any unwanted and 
uninvited sexual actions or remarks against any person BASED ON SEX OR GENDER, 
regardless of the motive for committing such action or remarks, WHICH VIOLATES THE 
SAFETY OF THE SPACE, WHETHER PHYSICAL OR VIRTUAL, WHERE SUCH 
HARASSMENT IS COMMITTED. 
 
Gender-based sexual harassment includes catcalling, wolf-whistling, unwanted invitations, 
misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or 
gestures on a person's appearance, relentless requests for personal details, statement of 
sexual comments and suggestions, public masturbation or flashing of private parts, groping, 
or any advances, whether verbal or physical, that is unwanted and has threatened one's sense 
 
2 See R.A. No. 11313, sec. 11(b)(3) 
3 See R.A. No. 11313, sec. 11(c)(3), which punishes the third offense for acts such as stalking, etc. with 
arresto mayor or a fine of One hundred thousand pesos 


 
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of personal space and physical safety, and committed in public spaces such as alleys, roads, 
sidewalks and parks.  
 
Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and 
expectations identifying the social behavior of men and women, and the relations between 
them, INCLUDING gender identity and/or expression, WHICH refers to the personal sense of 
identity as characterized, among others, by manner of clothing, inclinations, and behavior in 
relation to masculine or feminine conventions. 
 
ART. 203. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and 
Public Spaces. — The following acts are unlawful and shall be penalized as follows:  
 
 
(a) 
For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, 
taunting, cursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist 
slurs, persistent unwanted comments on one's appearance, relentless requests for one's 
personal details such as name, contact and social media details or destination, the use of 
words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, 
identity and/or expression including sexist, homophobic, and transphobic statements and 
slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, 
and any statement that has made an invasion on a person's personal space or threatens the 
person's sense of personal safety —  
1) 
The first offense shall be punished by a fine of One thousand pesos (P1,000.00) 
and community service of twelve (12) hours inclusive of attendance to a Gender 
Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and 
the PCW;  
2) 
The second offense shall be punished by RESTORATIVE 2 IN ITS MINIMUM 
LEVEL or a fine of Three thousand pesos (P3,000.00);  
3) 
The third offense shall be punished by RESTORATIVE 2 and a fine of Ten 
thousand pesos (P10,000.00). 
 
 
(b) 
For acts such as making offensive body gestures to someone and exposing 
private parts for the sexual gratification of the perpetrator with the effect of demeaning, 
harassing, threatening or intimidating the offended party including flashing of private parts, 
public masturbation, groping, and similar lewd sexual actions —  
1) 
The first offense shall be punished by a fine of Ten thousand pesos (P10,000.00) 
and community service of twelve (12) hours inclusive of attendance to a Gender 
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and 
the PCW;  
2) 
The second offense shall be punished by RESTORATIVE 2 IN ITS MAXIMUM 
LEVEL or a fine of Fifteen thousand pesos (P15,000.00);  
3) 
The third offense shall be punished by RESTORATIVE 1 and a fine of Twenty 
thousand pesos (P20,000.00).  
 
 
(c) 
For acts such as stalking, and any of the acts mentioned in paragraphs (a) and 
(b), when accompanied by touching, pinching or brushing against the body of the offended 
person; or any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, 
breasts, inner thighs, face, buttocks or any part of the victim's body even when not 
accompanied by acts mentioned in paragraphs (a) and (b) —  
1) 
The first offense shall be punished by RESTORATIVE 2 IN ITS MAXIMUM LEVEL 
or a fine of Thirty thousand pesos (P30,000.00), provided that it includes 
attendance in a Gender Sensitivity Seminar, to be conducted by the PNP in 
coordination with the LGU and the PCW;  
2) 
The second offense shall be punished by RESTORATIVE 1 or a fine of Fifty 
thousand pesos (P50,000.00);  


 
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3) 
The third offense shall be punished by RESTORATIVE 1 IN ITS MAXIMUM LEVEL 
or a fine of One hundred thousand pesos (P100,000.00). 
 
ART. 204. Gender-Based Online Sexual Harassment. — Gender-based online sexual 
harassment includes acts that use information and communications technology in terrorizing 
and intimidating victims through physical, psychological, and emotional threats, unwanted 
sexual misogynistic, transphobic, homophobic and sexist remarks and comments online 
whether publicly or through direct and private messages, invasion of victim's privacy through 
cyberstalking and incessant messaging, uploading and sharing without the consent of the 
victim, any form of media that contains photos, voice, or video with sexual content, any 
unauthorized recording and sharing of any of the victim's photos, videos, or any information 
online, impersonating identities of victims online or posting lies about victims to harm their 
reputation, or filing false abuse reports to online platforms to silence victims. 
 
The penalty of CORRECTIVE 2 or a fine of not less than One hundred thousand pesos 
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the 
discretion of the court shall be imposed upon any person found guilty of any gender-based 
online sexual harassment. 
 
If the perpetrator is a juridical person, its license or franchise shall be automatically deemed 
revoked, and the person liable shall be the officers thereof, including the editor or reporter in 
the case of print media, and the station manager, editor and broadcaster in the case of 
broadcast media. An alien FOREIGN NATIONAL who commits gender-based online sexual 
harassment shall be subject to deportation proceedings after serving sentence and payment 
of fines. 
 
Exemption to acts constitutive and penalized as gender-based online sexual harassment are 
authorized written orders of the court for any peace officer to use online records or any copy 
thereof as evidence in any civil, criminal investigation or trial of the crime: Provided, That such 
written order shall only be issued or granted upon written application and the examination 
under oath or affirmation of the applicant and the witnesses may produce, and upon showing 
that there are reasonable grounds to believe that gender- based online sexual harassment 
has been committed or is about to be committed, and that the evidence to be obtained is 
essential to the conviction of any person for, or to the solution or prevention of such crime. 
 
Any record, photo or video, or copy thereof of any person that is in violation of the preceding 
sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or 
administrative hearing or investigation. 
 
ART. 205. Qualified Gender-Based Sexual Harassment AND VIOLATION OF SAFE 
SPACES. — The penalty next higher in degree THAN THOSE IMPOSED IN THE 
PRECEDING  will be applied in the following cases: 
 
 
(a) 
If the act takes place in a common carrier or PUV, including, but not limited to, 
jeepneys, taxis, tricycles, or app-based transport network vehicle services, where the 
perpetrator is the driver of the vehicle and the offended party is a passenger; 
 
(b) 
If the offended party is a minor, a senior citizen, or a person with disability 
(PWD), or a breastfeeding mother nursing her child; 
 
(c) 
If the offended party is diagnosed with a mental problem tending to impair 
consent; 
 
(d) 
If the perpetrator is a member of the uniformed services, such as the PNP and 
the Armed Forces of the Philippines (AFP), and the act was perpetrated while the perpetrator 
was in uniform; and 
 
(e) 
If the act takes place in the premises of a government agency offering frontline 
services to the public and the perpetrator is a government employee. 


 
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SECTION THREE. — 
CRIMES RELATED TO SEXUAL HARASSMENT 
 
Art. 206. FAILURE TO PREVENT OR DETER SEXUAL HARASSMENT. — THE PENALTY 
OF A FINE NOT LESS THAN FIVE THOUSAND PESOS NOR MORE THAN TEN 
THOUSAND PESOS,4 SHALL BE IMPOSED UPON employerS or the headS of work-related, 
educational or training environment or institutionS, WHO FAIL TO:  
  
 
(a) Disseminate or post in a conspicuous place PROMOTIONAL MATERIALS 
ENHANCING SAFEGUARDS AGAINST SEXUAL HARASSMENT AND MAINTAINING Safe 
Spaces to all persons in the workplace AND educational or training environment or institution;  
 
(b) Provide measures to prevent sexual harassment in the workplace AND educational 
or training environment or institution, such as the conduct of anti-sexual harassment seminars;  
 
(c) Create an independent internal mechanism or a committee on decorum and 
investigation IN ACCORDANCE WITH THE PROVISIONS OF THE APPROPRIATE 
SPECIAL LAW to investigate and address complaints of sexual harassment OR 
 
(d) Provide and disseminate, in consultation with all persons in the workplace, a code 
of conduct or workplace OR educational or training environment or institution policy ON 
SEXUAL HARASSMENT AND SAFE SPACES. 
 
ART. 207. FAILURE TO ACT ON SEXUAL HARASSMENT REPORT. — THE PENALTY OF 
A FINE NOT LESS THAN  TEN THOUSAND PESOS NOR MORE THAN FIFTEEN 
THOUSAND PESOS, SHALL BE IMPOSED UPON ANY PERSON WHO, BEING IN A 
POSITION TO ACT ON A REPORT OF SEXUAL HARASSMENT IN A WORK-RELATED, 
EDUCATIONAL OR TRAINING ENVIRONMENT OR INSTITUTION, FAILS TO TAKE 
ACTION ON REPORTED ACTS OF SEXUAL HARASSMENT COMMITTED THEREIN. 
 
CHAPTER THREE 
PHOTO OR VIDEO VOYEURISM. 
 
Art. 208. Photo or Video Voyeurism. — The FOLLOWING penaltIES SHALL BE IMPOSED 
UPON ANY PERSON WHO COMMITS ANY OF THE FOLLOWING ACTS: 
 
(a) CORRECTIVE 1 OR A FINE HIGHER THAN FORTY THOUSAND PESOS (P40,000.00) 
BUT NOT HIGHER THAN THREE HUNDRED AND THIRTY THOUSAND PESOS 
(P330,000.00), OR BOTH, AT THE DISCRETION OF THE COURT, SHALL BE IMPOSED 
UPON Any person who shall take photo or video of a person or group of persons performing 
sexual actS or similar activity or CAPTURE an image OR VIDEO CLIP of the private area of 
a person/s INCLUDING BUT NOT LIMITED TO the naked or undergarment-clad genitals, 
pubic area, buttocks or female breast without the consent of the person/s involved and under 
circumstances in which the person/s has/have a reasonable expectation of privacy;  
 
(b) 
CORRECTIVE 1 OR A FINE HIGHER THAN THREE HUNDRED THIRTY 
THOUSAND PESOS (P330,000.00) BUT NOT HIGHER THAN SIX HUNDRED AND 
TWENTY THOUSAND PESOS (P620,000.00), OR BOTH, AT THE DISCRETION OF THE 
COURT, SHALL BE IMPOSED UPON ANY PERSON WHO SHALL reproduce, or cause to 
be reproduced, such photo or video or recording DESCRIBED UNDER THE IMMEDIATELY 
PRECEDING PARAGRAPH with or without consideration; 
 
(c) 
CORRECTIVE 1 OR A FINE HIGHER THAN SIX HUNDRED TWENTY THOUSAND 
PESOS (P620,000.00) BUT NOT HIGHER THAN NINE HUNDRED AND TEN THOUSAND 
PESOS (P910,000.00), OR BOTH, AT THE DISCRETION OF THE COURT, SHALL BE 
 
4 R.A. No. 11313, sec. 19(a) 


 
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IMPOSED UPON ANY PERSON WHO SHALL sell or distribute, or cause to be sold or 
distributed, such photo or video or recording; or 
 
(d) 
CORRECTIVE 1 OR A FINE HIGHER THAN NINE HUNDRED TEN THOUSAND AND 
ONE PESOS (P910,000.00) BUT NOT HIGHER THAN ONE MILLION AND TWO HUNDRED 
THOUSAND PESOS (P1,200,000.00), OR BOTH, AT THE DISCRETION OF THE COURT, 
SHALL BE IMPOSED UPON ANY PERSON WHO SHALL publish or cause to be published, 
or OTHERWISE exhibit the photo or video or recording.  
 
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to 
record or take photo or video of the same was given by such person/s.  
 
TITLE SEVEN 
CRIMES COMMITTED BY PUBLIC OFFICERS 
 
Chapter One 
PRELIMINARY PROVISIONS 
 
Art. 209. Who are public officers. — For the purpose of applying the provisions of this and the 
preceding titles of this book, any person who shall take part in the performance of public 
functions IN ANY CAPACITY, by direct provision of the law, CONTRACT, popular election or 
appointment by competent authority TO ANY AGENCY, INSTRUMENTALITY, OR 
CORPORATION, shall be deemed to be a public officer. 
 
Chapter TWO 
BRIBERY  
 
ART. 210. DIRECT BRIBERY. — ANY PUBLIC OFFICER WHO SHALL COMMIT ANY OF 
THE FOLLOWING ACTS SHALL BE GUILTY OF DIRECT BRIBERY:  
 
 
(A) DIRECTLY OR INDIRECTLY REQUESTING OR RECEIVING ANY GIFT, 
PRESENT, SHARE, PERCENTAGE, OR BENEFIT, FOR HIMSELF OR HERSELF OR FOR 
ANY OTHER PERSON, IN CONNECTION WITH THE PERFORMANCE OF OFFICIAL 
DUTIES; 
 
 
(B) DIRECTLY OR INDIRECTLY REQUESTING OR RECEIVING ANY GIFT, 
PRESENT OR OTHER BENEFIT, FOR HIMSELF OR HERSELF OR FOR ANOTHER, FROM 
ANY PERSON FOR WHOM THE PUBLIC OFFICER, IN ANY MANNER OR CAPACITY, HAS 
SECURED OR OBTAINED, OR WILL SECURE OR OBTAIN, ANY GOVERNMENT PERMIT 
OR LICENSE, IN CONSIDERATION FOR THE HELP GIVEN OR TO BE GIVEN; AND  
 
 
(C) ACCEPTING OR HAVING ANY MEMBER OF HIS OR HER FAMILY ACCEPT 
EMPLOYMENT IN A PRIVATE ENTERPRISE WHICH HAS PENDING OFFICIAL BUSINESS 
WITH HIM OR HER DURING THE PENDENCY THEREOF OR WITHIN ONE YEAR AFTER 
ITS TERMINATION. FAMILY MEMBER SHALL REFER TO THE SPOUSE OR RELATIVES 
BY CONSANGUINITY OR AFFINITY IN THE THIRD CIVIL DEGREE. 
 
THE VIOLATION OF THIS ARTICLE SHALL BE PUNISHED BY AFFLICTIVE 2, in addition 
to the penalty corresponding to the crime agreed upon, if the same shall have been committed. 
 
ART. 211. INFLUENCE PEDDLING AND FIXING. — INFLUENCE PEDDLING SHALL BE 
COMMITTED BY any person having family or close personal relation with any public official 
WHO capitalizeS or exploitS or takeS advantage of such family or close personal relation by 
directly or indirectly requesting or receiving any present, gift or material or pecuniary 
advantage from any other person having some business, transaction, application, request or 


 
 66
contract with the government, in which such public official has to intervene. Family relation 
shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The 
word "close personal relation" shall include close personal friendship, social and fraternal 
connections, and professional employment all giving rise to intimacy which assures free 
access to such public officer.  
 
"Fixer" refers to any individual whether or not officially involved in the operation of a 
government office or agency who has access to people working therein, and whether or not 
in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any 
other advantage or consideration. (RA 9485, sec. 4(g))  
 
FIXERS AND THOSE GUILTY OF INFLUENCE PEDDLING SHALL BE PUNISHED BY 
AFFLICTIVE 2. 
 
Art. 212. Indirect bribery. — The penalties of RESTORATIVE 1, suspension in its minimum 
and medium LEVELS, and public censure shall be imposed upon any public officer who shall 
accept gifts ON ANY OCCASION by reason of his OR HER office. 
 
Art. 213. Qualified bribery. — If any public officer is entrusted with law enforcement and he 
OR SHE refrains from arresting or prosecuting an offender who has committed a crime 
punishable by PUNITIVE 2 OR PUNITIVE 1 in consideration of any offer, promise, OR gift, he 
OR SHE shall suffer the penalty for the CRIME which was not prosecuted. 
 
If it is the public officer who asks or demands such gift, he OR SHE shall suffer the penalty of 
PUNITIVE 1. 
 
Art. 214. Corruption of Public Officials. — Any person who shall offer, promise or give the gifts 
or presents as described in the preceding articles, WHETHER ACCEPTED OR NOT BY THE 
PUBLIC OFFICER, SHALL BE PUNISHED WITH THE CORRESPONDING PENALTIES IN 
THE THREE PRECEDING ARTICLES, except those of disqualification and suspension.  
 
Chapter THREE  
MALVERSATION OF PUBLIC FUNDS OR PROPERTY 
 
Art. 215. Malversation of Public Funds or Property — Presumption of Malversation. — Any 
public officer who, by reason of the duties of his OR HER office, is accountable for public funds 
or property, shall appropriate the same, or shall take or misappropriate or shall consent, or 
through abandonment or GROSS negligence, shall CAUSE any other person to take such 
public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation 
or malversation of such funds or property, shall suffer: 
 
1. The penalty of  CORRECTIVE 1 in its medium and maximum LEVELS, if the amount 
involved in the misappropriation or malversation does not exceed Forty thousand 
pesos (₱40,000). 
2. The penalty of  AFFLICTIVE 2 in its minimum and medium LEVELS, if the amount 
involved is more than Forty thousand pesos (₱40,000) but does not exceed One million 
two hundred thousand pesos (₱1,200,000). 
3. The penalty of  AFFLICTIVE 2 in its maximum LEVEL to AFFLICTIVE 1 in its minimum 
LEVEL, if the amount involved is more than One million two hundred thousand pesos 
(₱1,200,000) but does not exceed Two million four hundred thousand pesos 
(₱2,400,000). 
4. The penalty of  AFFLICTIVE 1, in its medium and maximum LEVELS, if the amount 
involved is more than Two million four hundred thousand pesos (₱2,400,000) but does 
not exceed Four million four hundred thousand pesos (₱4,400,000).  


 
 67
5. The penalty of  AFFLICTIVE 1 in its maximum LEVEL, if the amount involved is more 
than Four million four hundred thousand pesos (₱4,400,000) but does not exceed 
Eight million eight hundred thousand pesos (₱8,800,000). If the amount exceeds the 
latter, the penalty shall be PUNITIVE 2. 
 
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual 
special disqualification and a fine equal to the amount of the funds malversed or equal 
to the total value of the property embezzled. 
 
The failure of a public officer to have duly forthcoming any public funds or property with 
which he OR SHE is chargeable, upon demand by any duly authorized officer, shall 
be prima facie evidence that he OR SHE has put such missing funds or property to 
personal uses. 
 
Art. 216. Failure of Accountable Officer to Render Accounts. — Any public officer, whether in 
the service or separated therefrom by resignation or any other cause, who is required by law 
or regulation to render account to the Commission on Audit, or to a provincial auditor and who 
fails to do so for a period of two months AFTER DEMAND shall be punished by CORRECTIVE 
2 in its minimum period, or by a fine ranging from Forty thousand pesos (P40,000) to One 
million two hundred thousand pesos (P1,200,000), or both. 
 
Art. 217. Illegal use of public funds or property. — Any public officer who shall KNOWINGLY 
apply any public fund or property under his OR HER administration to any public use other 
than for which such fund or property were appropriated by law or ordinance shall suffer the 
penalty of fine ranging from one-half to the total of the sum misapplied, if by reason of such 
misapplication, any damages or embarrassment shall have resulted to the public service. In 
either case, the offender shall also suffer the penalty of temporary special disqualification. 
 
If no damage or embarrassment to the public service has resulted, the penalty shall 
be a fine from 5 to 50 per cent of the sum misapplied. 
 
Art. 218. Failure to Make Delivery of Public Funds or Property. — Any public officer under 
obligation to make payment from Government funds in his OR HER possession, who shall fail 
to make such payment, shall be punished by RESTORATIVE 1 and a fine of from 5 to 25 per 
cent of the sum which he OR SHE failed to pay. 
 
This provision shall apply to any public officer who, being ordered by competent 
authority to deliver any property in his OR HER custody or under his OR HER administration, 
shall refuse to make such delivery. 
 
The fine shall be graduated in such case by the value of the thing: Provided, That it 
shall not be less than Ten thousand pesos (P 10,000). 
 
Art. 219. Officers Included in the Preceding Provisions. — The provisions of this chapter shall 
apply to private individuals who, in any capacity whatever, have charge of any NATIONAL, 
provincial, CITY or municipal funds, revenues or property and to any administrator or 
depository of funds or property attached, seized or deposited by public authority, even if such 
property belongs to a private individual. 
 
Chapter FOUR 
MALFEASANCE, MISFEASANCE AND NONFEASANCE IN OFFICE 
 
Section One. — Dereliction of duty 
 


 
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ART. 220. DELETERIOUS PERFORMANCE OF PUBLIC FUNCTION. — THE PENALTY OF 
_________ SHALL BE IMPOSED UPON ANY PUBLIC OFFICER WHO, IN THE 
PERFORMANCE OF HIS OR HER PUBLIC FUNCTION, CAUSES UNDUE INJURY TO ANY 
PARTY, INCLUDING THE GOVERNMENT, OR GIVING ANY PRIVATE PARTY ANY 
UNWARRANTED BENEFITS, ADVANTAGE OR PREFERENCE IN THE DISCHARGE OF 
HIS OR HER OFFICIAL FUNCTIONS THROUGH MANIFEST PARTIALITY, EVIDENT BAD 
FAITH OR GROSS INEXCUSABLE NEGLIGENCE. 
 
Chapter FIVE 
PLUNDER AND ILLICIT ENRICHMENT 
 
ART. 221. PLUNDER. 
 
Section 1. Crime of Plunder; How committed. — Any public officer who, by himself or 
HERSELF OR in connivance with other persons, amasses, accumulates or acquires 
ill-gotten wealth through aN OVERT act or series and/or combination of OVERT acts 
as described in Section 2(d) hereof in the aggregate amount or total value of at least 
FIFTY MILLION PESOS (P50,000,000.00) shall be guilty of the crime of plunder and 
shall be punished by Punitive 1 if he OR SHE acted as a principal. THE PROVISION 
OF ARTICLE ___5 SHALL APPLY IF THERE ARE MORE THAN ONE PRINCIPAL. If 
the public officer acted as an accomplice or accessory, the penalties provided for under 
ARTICLES 17, 18, AND 19 shall be applied. The same penalties shall apply to any 
other person or persons who accumulated or gained criminally the amount of at least 
FIFTY MILLION PESOS (P50,000,000.00) whether as a principal, accomplice or 
accessory in the commission of the crime of Plunder. The court shall declare any and 
all ill-gotten wealth and their interests and other incomes and assets, including the 
properties and shares of stocks derived from the deposit or investment thereof, 
forfeited in favor of the State. However, for purposes of the just-preceding paragraph, 
the quantum of evidence needed is only preponderance of evidence. This provision on 
forfeiture shall be applicable even in the event of acquittal. 
 
Section 2. Definition of Terms. — As used in this Act, the Term –  
 
a) 
Government includes the National Government, and any of its subdivisions, 
agencies or instrumentalities, including government-owned or –controlled 
corporations and their subsidiaries. 
b) 
Person includes any natural or judicial person, unless the context indicates 
otherwise. 
c) 
III-gotten wealth means any asset, property, business enterprise or material 
possession acquired by a public officer directly or indirectly by taking 
advantage of public office to unjustly enrich himself, HERSELF or themselves 
at the expense and to the damage and prejudice of the Government, including 
the following acts: 
 
i. 
Through misappropriation, conversation, misuse, or malversation of 
public funds or raids on the public treasury; 
ii. 
By receiving, directly or indirectly, any commission, gift, share, 
percentage, kickbacks or any other form of pecuniary benefit from any 
person and/or entity in connection with any government contract or 
project or by reason of the office or position of the public officer 
concerned; 
iii. 
By the illegal or fraudulent conveyance or disposition of assets 
belonging to the National Government or any of its subdivisions, 
 
5 Art. 8, RPC 


 
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agencies or instrumentalities or government-owned or –controlled 
corporations and their subsidiaries; 
iv. 
By obtaining, receiving or accepting directly or indirectly any shares of 
stock, equity or any other form of interest or participation including 
promise of future employment in any business enterprise or 
undertaking; and 
v. 
By establishing agricultural, industrial or commercial monopolies or 
other combinations and/or implementation of decrees and orders 
intended to benefit particular persons or special interests. 
 
d) 
“Other legitimately acquired property” means any asset, property, business 
enterprise and/or material possession which the public officer has at any time 
acquired by inheritance and the income thereof, or by gift inter vivos before his 
OR HER becoming a public officer or employee, or any property (or income 
thereof) already pertaining to him OR HER when he OR SHE qualified for public 
office or employment, or the fruits and income of the exclusive property of the 
respondent’s spouse. It shall not include: 
 
i. 
Property unlawfully acquired by the public officer, but its ownership is 
concealed by its being recorded in the name of, or held by, the public 
officer’s spouse, ascendants, descendants, relatives, or any other 
person; 
ii. 
Property unlawfully acquired by the public officer, but transferred by him 
OR HER to another person or persons on or after the effectivity of this 
Act; and 
iii. 
Property donated to the public officer during his OR HER incumbency, 
unless he OR SHE can prove to the satisfaction of the court that the 
donation is lawful. 
 
Section 3. Prima Facie Presumption. — Whenever any public officer has acquired 
during his OR HER incumbency any asset, property, business enterprise and/or 
material possession with a total value of at least FIFTY MILLION PESOS 
(P50,000,000.00) which is over and above his OR HER lawful assets, legal income 
and the income from legitimately acquired property, said asset, property, business 
enterprise and/or material possession worth at least FIFTY MILLION PESOS 
(P50,000,000.00) shall be presumed prima facie to have been unlawfully acquired as 
ill-gotten wealth as defined under Section 2(d). 
 
Section 4. Competent Court. — Until otherwise provided by law, all prosecutions for 
the crime of Plunder shall be within the original jurisdiction of the Sandiganbayan. 
 
Section 5. Prescription of Crimes. — The crime punishable under this Act shall 
prescribe in thirty (30) years. If the crime of Plunder charged involved a series or 
combination of crimes as defined in Section 2(d), all predicate criminal acts through 
which the ill-gotten wealth amounting to at least FIFTY MILLION PESOS 
(P50,000,000.00) were accumulated and amassed should be covered by the thirty (30) 
year prescriptive period. However, the right of the State to recover all assets, 
properties, business enterprises and/or material possessions unlawfully acquired by 
public officers from them or from their nominees or transferees shall not be barred by 
prescription, laches, or estoppel. 
 
ART. 222. Illicit Enrichment. 
 


 
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Section 1. Enrichment Through Illicit Means. — Any public officer or employee who 
acquires UNEXPLAINED wealth WHICH IS GROSSLY DISPROPORTIONATE TO 
HIS OR HER LAWFUL INCOME shall suffer the following penalties: 
 
a) CORRECTIVE 2 in its maximum level UP TO AFFLICTIVE 2 in its maximum 
level IF THE ILLICIT ENRICHMENT AMOUNTS TO AT LEAST ONE MILLION 
PESOS (P1,000,000.00) BUT NOT MORE THAN TEN MILLION PESOS 
(P10,000,000.00); 
b) AFFLICTIVE 2 in its Maximum level UP TO AFFLICTIVE 1 in its Minumum level 
IF THE ILLICIT ENRICHMENT AMOUNTS TO MORE THAN TEN MILLION 
PESOS (P10,000,000.00) BUT NOT MORE THAN TWENTY MILLION PESOS 
(P20,000,000.00); 
c) AFFLICTIVE 1 in its Minumum level TO AFFLICTIVE 1 in its Maximum level IF 
THE ILLICIT ENRICHMENT AMOUNTS TO MORE THAN TWENTY MILLION 
PESOS (P20,000,000.00) BUT NOT MORE THAN FIFTY MILLION PESOS 
(P50,000,000.00); 
d) PUNITIVE 2 Minimum level UP TO PUNITIVE 2 Maximum level IF THE ILLICIT 
ENRICHMENT EXCEEDS FIFTY MILLION PESOS (P50,000,000.00). 
 
ANY PERSON found guilty of THIS OFFENSE shall SUFFER THE ACCESSORY 
PENALTY OF ABSOLUTE PERPETUAL DISQUALIFICATION.  
 
 
Section 2.  Illicit Transfer. — Any public officer who shall transfer or convey 
any illicitly acquired property shall be punished with CORRECTIVE 1 in its Maximum 
level, or a fine not exceeding ten thousand pesos (P10,000.00), or both such 
imprisonment and fine. The same penalty shall be imposed upon any person who shall 
knowingly accept such transfer or conveyance. 
 
Section 
3. Judgment. 
— ANY 
ASSET, 
PROPERTY 
BUSINESS 
ENTERPRISE AND/OR MATERIAL POSSESSION FOUND TO HAVE BEEN 
ILLICITLY ACQUIRED SHALL BE FORFEITED IN FAVOR OF THE STATE IN CASE 
OF CONVICTION. 
 
In the event of an acquittal for the crime of illicit enrichment, the court may 
declare any and all ill-gotten wealth and their interests and other incomes and assets, 
including the properties and shares of stocks derived from the deposit or investment 
thereof, forfeited in favor of the State, requiring preponderance of evidence as basis 
for such forfeiture. The court may, in addition to initiating forfeiture proceedings, refer 
the case to the Ombudsman or to the corresponding agency or instrumentality of the 
Executive Department for administrative action.  
 
Section 4. Prescription. — The laws on prescription, laches or estoppel cannot 
be invoked AGAINST THE STATE.  
 
Art. 223. Special Accessory Penalty. — NOTWITHSTANDING THE PROVISIONS OF BOOK 
ONE, ANY PERSON FOUND GUILTY OF THESE OFFENSES SHALL SUFFER THE 
ACCESSORY PENALTY OF PERPETUAL ABSOLUTE DISQUALIFICATION. 
 
Art. 224. Forfeiture. — IN CASE OF CONVICTION FOR THE OFFENSES UNDER THIS 
CHAPTER, THE COURT SHALL DECLARE ANY AND ALL ILL-GOTTEN WEALTH AND 
THEIR INTERESTS AND OTHER INCOMES AND ASSETS INCLUDING THE PROPERTIES 
AND SHARES OF STOCK DERIVED FROM THE DEPOSIT OR INVESTMENT THEREOF 
FORFEITED IN FAVOR OF THE STATE.  
 
Chapter Six 


 
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OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS 
 
Section One. — Infidelity in the custody of prisoners 
 
Art.  225. Conniving With or THROUGH NEGLIGENCE ALLOWING Evasion. — Any public 
officer who shall consent to OR THROUGH NEGLIGENCE ALLOW the escape of a prisoner 
in his OR HER custody or charge, shall be punished: 
 
1. By CORRECTIVE 1 in its medium and maximum LEVELS and temporary special 
disqualification in its maximum LEVEL to perpetual special disqualification, if the 
fugitive shall have been sentenced by final judgment to any penalty. 
2. By CORRECTIVE 2 in its minimum LEVEL and temporary special disqualification, in 
case the fugitive shall not have been finally convicted but only held as a detention 
prisoner for any crime or violation of law or municipal ordinance. 
 
Art. 226. Escape of Prisoner Under the Custody of a Person Not a Public Officer. — Any 
private person to whom the conveyance or custody of a prisoner or person under arrest shall 
have been confided, who shall commit any of the offenses mentioned in the two preceding 
articles, shall suffer the penalty next lower in degree than that prescribed for the public officer. 
 
Section Two. — Infidelity in the custody of document 
 
Art. 227. INFIDELITY IN THE CUSTODY of Documents. — Any public officer who shall 
remove, destroy or conceal documents or papers officially entrusted to him OR HER, shall 
suffer the penalty of CORRECTIVE 2 in its minimum and medium LEVELS and a fine not 
exceeding Two hundred thousand pesos (P200,000), whenever damage IS caused to a third 
party or to the public interest. 
 
The additional penalty of temporary special disqualification in its maximum LEVEL to perpetual 
special disqualification shall be imposed. 
 
Art. 228. Officer Breaking Seal OR OPENING A SEALED DOCUMENT. — Any public officer 
charged with the custody of papers or property ORDERED sealed by THE COURT OR proper 
authority, who shall break the seals, permit them to be broken OR OPEN THEM, shall suffer 
the penalties of CORRECTIVE 2 in its minimum and medium LEVELS, temporary special 
disqualification and a fine not exceeding Four hundred thousand pesos (P400,000). 
 
Section Three. — Revelation of secrets 
 
Art. 229. Revelation of CONFIDENTIAL DATA by an Officer. — Any public officer who shall 
reveal any CONFIDENTIAL DATA known to him OR HER by reason of his OR HER official 
capacity, or shall MALICIOUSLY deliver papers or copies of papers of which he OR SHE may 
have charge and which should not be published, shall suffer the penalties of CORRECTIVE 1 
in its medium and maximum LEVELS, perpetual special disqualification and a fine not 
exceeding Four hundred thousand pesos (P400,000) if the revelation of such secrets or the 
delivery of such papers shall have caused serious damage to the public interest; otherwise, 
the penalties of CORRECTIVE 2 temporary special disqualification and a fine not exceeding  
One hundred thousand pesos (P100,000) shall be imposed. 
 
Section Four. — Disobedience, refusal of assistance, and maltreatment of prisoners 
 
Art. 230. Open Disobedience. — Any judicial or executive officer who shall openly refuse to 
execute the judgment, decision or order of any superior authority made within the scope of the 
jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of 
RESTORATIVE 1 to CORRECTIVE 2 in its minimum LEVEL, temporary special 


 
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disqualification in its maximum LEVEL and a fine not exceeding Two hundred thousand pesos 
(P200,000). 
 
Art. 231. Refusal to Discharge Elective Office. — The penalty of RESTORATIVE 1 or a fine 
not exceeding Two hundred thousand pesos (P200,000), or both, shall be imposed upon any 
person who, having been elected by popular election to a public office, shall refuse without 
legal motive to be sworn in or to discharge the duties of said office. 
 
Art. 232. Maltreatment of Prisoners. — The penalty of RESTORATIVE 1 in its medium LEVEL 
to CORRECTIVE 2 in its minimum LEVEL, in addition to his OR HER liability for the physical 
injuries or damage caused, shall be imposed upon any public officer or employee who shall 
overdo himself OR HERSELF in the correction or handling of a prisoner or detention prisoner 
under his OR HER charge, by the imposition of punishment not authorized by the regulations, 
or by inflicting punishment in a cruel and humiliating manner. 
 
If the purpose of the maltreatment is to extort a confession, or to obtain some 
information from the prisoner, the offender shall be punished by CORRECTIVE 2, temporary 
special disqualification and a fine not exceeding One hundred thousand pesos (P100,000), in 
addition to his OR HER liability for the physical injuries or damage caused. 
 
Section FIVE. — Anticipation, prolongation 
and abandonment of the duties and powers of public office 
 
Art. 233. Abandonment of Office or Position. — Any public officer who, before the acceptance 
of his OR HER resignation, shall abandon his OR HER office to the detriment of the public 
service shall suffer the penalty of RESTORATIVE 1. 
 
If such office shall have been abandoned in order to evade the discharge of the duties 
of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter 
One of Title Three of Book Two of this Code, the offender shall be punished by CORRECTIVE 
2, and by RESTORATIVE 1 if the purpose of such abandonment is to evade the duty of 
preventing, prosecuting or punishing any other crime. 
 
Section SIX. — Usurpation of powers and unlawful appointments 
 
Art. 234. Usurpation of Legislative Powers. — The penalties of CORRECTIVE 2, temporary 
special disqualification and a fine not exceeding Two hundred thousand pesos (P200,000), 
shall be imposed upon any public officer who shall encroach upon the powers of the legislative 
branch of the Government, either by making general rules or regulations beyond the scope of 
his OR HER authority, or by attempting to repeal a law or suspending the execution thereof. 
 
Art. 235. Usurpation of Executive Functions. — Any judge who shall so assume any power 
pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their 
powers, shall suffer the penalty of RESTORATIVE 1 in its medium LEVEL to CORRECTIVE 
2. 
 
Art. 236. Usurpation of Judicial Functions. — The penalty of RESTORATIVE 1 in its medium 
LEVEL to CORRECTIVE 2 shall be imposed upon any officer of the executive branch of the 
Government who shall assume judicial powers or shall obstruct the execution of any order or 
decision rendered by any judge within his OR HER jurisdiction. 
 
Section SEVEN. — Abuses against chastity 
 
Art. 237. Immoral or Indecent Advances — Penalties. — The penalties of CORRECTIVE 1 
and temporary special disqualification shall be imposed: 


 
 73
 
1. Upon any public officer who shall solicit or make immoral or indecent advances to ANY 
PERSON interested in matters pending before such officer for decision, or with respect 
to which he OR SHE is required to submit a report to or consult with a superior officer; 
2. Any warden or other public officer directly charged with the care and custody of 
prisoners or persons under arrest who shall solicit or make immoral or indecent 
advances to ANY PERSON under his OR HER custody. 
 
If the person solicited be the SPOUSE or relative within the SECOND degree by 
affinity, INCLUDING RELATIVES BY ADOPTION, of any person in the custody of such 
warden or officer, the penalties shall be CORRECTIVE 2 and temporary special 
disqualification. 
 
Title Eight 
CRIMES AGAINST PERSONS 
 
Chapter One 
DESTRUCTION OF LIFE 
 
Section One. — Parricide, murder, homicide 
 
Art. 238. Parricide; PRIVILEGED MITIGATING CIRCUMSTANCE OF EXTREME PASSION. 
— Any person who shall kill his or HER ascendant or descendant, or his or HER LEGAL 
spouse, shall be punished by the penalty of PUNITIVE 2 to PUNITIVE 1.  
 
Any legally married person who having surprised his OR HER spouse in the act of committing 
sexual intercourse with another person, shall kill OR INFLICT PHYSICAL INJURY UPON any 
of them or both of them in the act or immediately thereafter, shall be punished by THE 
PENALTY ONE DEGREE LOWER THAN THE CRIME COMMITTED. 
 
Art. 239. Murder. — Any person who shall kill another, shall be guilty of murder and shall be 
punished by PUNITIVE 2 to PUNITIVE 1, if committed with any of the following attendant 
circumstances: 
 
1. With treachery, taking advantage of superior strength, BY A BAND OR with the 
aid of armed men, or employing means to weaken the defense or of means or 
persons to insure or afford impunity. 
2. In consideration of a price, reward, or promise. 
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a 
vessel, derailment OR ASSAULT upon MASS TRANSPORT SYSTEMS OR 
AIRCRAFT, by means of motor vehicles, or with the use of any other means 
involving great waste and ruin; 
4. On THE occasion of any of the calamities enumerated in the preceding 
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, 
epidemic or other public calamity. 
5. WITH THE USE OF LOOSE FIREARM. 
6. With evident premeditation. 
7. UNDER ANY CIRCUMSTANCE THAT ADDS IGNOMINY TO THE NATURAL 
EFFECTS OF THE ACT, OR With cruelty, by deliberately and inhumanly 
augmenting the suffering of the victim, or outraging or scoffing at THE corpse 
OF THE VICTIM. 
8. WHEN THE OFFENDER IS UNDER THE INFLUENCE OF DANGEROUS 
DRUGS. 
 


 
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Art. 240. Homicide. — Any person who, not falling within the provisions of Article 238 on 
parricide AND ARTICLE 239 ON MURDER, shall kill another shall be punished by 
AFFLICTIVE 1. 
 
Art. 241. Penalty for frustrated OR ATTEMPTED parricide, murder or homicide. — The courts, 
in view of the facts of the case, may impose upon the person guilty of the frustrated OR 
ATTEMPTED crime of parricide, murder or homicide, a penalty lower by one degree than that 
which should be imposed under the provision of Article ___ (50) OR ARTICLE ___ (51). 
 
Art. 242. Death caused OR PHYSICAL INJURIES INFLICTED in a tumultuous affray. — 
When in the course of a TUMULTUOUS affray someone is killed, and the person 
RESPONSIBLE THEREFOR canNOT be identified, such person or persons WHO SHALL 
HAVE INFLICTED SERIOUS PHYSICAL INJURIES shall be punished by AFFLICTIVE 2. 
 
 
If it cannot be identified who inflicted the serious physical injuries on the deceased, 
those who shall have used violence upon HIM OR HER SHALL BE PUNISHED BY 
CORRECTIVE 1. 
 
When in a tumultuous affray, only serious physical injuries are inflicted upon the 
VICTIM and the person responsible therefor cannot be identified, all those who appear to have 
used violence upon HIM OR HER shall suffer the penalty next lower in degree than that 
provided for the physical injuries so inflicted. 
 
 
WHEN IN A TUMULTUOUS AFFRAY, ONLY LESS SERIOUS PHYSICAL 
INJURIES IS INFLICTED UPON THE VICTIM and the person responsible therefor cannot be 
identified, all those who appear to have used any violence upon HIM OR HER shall be 
punished by RESTORATIVE 2 in its maximum LEVEL. 
 
 
THERE IS TUMULTUOUS AFFRAY WHEN SEVERAL PERSONS QUARREL 
AND ASSAULT EACH OTHER IN A CONFUSED AND TUMULTUOUS MANNER; 
PROVIDED, THAT THEY ARE NOT COMPOSED OF GROUPS ORGANIZED FOR THE 
COMMON PURPOSE OF RECIPROCALLY ASSAULTING AND ATTACKING EACH 
OTHER. 
 
Art. 243. INDUCING TO COMMIT OR Giving assistance to suicide. — Any person who shall 
INDUCE OR assist another to commit suicide shall suffer the penalty of AFFLICTIVE 2. If such 
person lends his OR HER assistance to another to the extent of doing the killing himself OR 
HERSELF, he OR SHE shall suffer the penalty of AFFLICTIVE 1. However, if the suicide is 
not consummated, the penalty of RESTORATIVE 1, shall be imposed. 
 
THIS PROVISION SHALL NOT APPLY TO ANY PERSON WHO ALLOWS A DULY ADVISED 
MEDICAL PATIENT TO TAKE, UNDERGO, OR STOP TAKING OR UNDERGOING ANY 
PRESCRIBED MEDICATION OR MEDICAL TREATMENT, THAT HAS THE EFFECT OF 
ENDING THE LATTER’S LIFE IN A HUMANE AND DIGNIFIED MANNER. 
 
Art. 244. Discharge of Firearms. —  
 
(a) Any person who shall shoot at another with any firearm shall suffer the penalty of 
CORRECTIVE 2, unless the facts of the case are such that the act can be held to constitute 
frustrated or attempted parricide, murder, homicide, or any other crime for which a higher 
penalty is prescribed by any of the articles of this Code.  
 
 
(b) Any person who shall wilfully and indiscriminately discharge any firearm or other 
device that may not have been designed as firearm, but can be functionally used as a firearm, 
shall suffer the penalty of RESTORATIVE 1 in its maximum LEVEL, unless the facts of the 
case can be held to constitute any other offense for which a higher penalty is prescribed.  
 


 
 75
 
(c) If the person who commits the offense provided in this Article is a member of the 
military and military auxiliary agencies, or law enforcement agencies, authorized to bear 
firearms and such discharge is not in the performance of official duties, the penalty one degree 
higher than that prescribed above shall be imposed and the offender may be held 
administratively liable.  
 
In addition to the penalties imposed herein, any firearm license or permit issued in favor of the 
offender shall be summarily cancelled, and the offender shall be perpetually disqualified from 
being granted any firearm license or permit. (As amended by R.A. No. 11926 (2022)) 
 
Section Two. — Abortion 
 
Art. 245. Intentional abortion. — Any person who shall DESTROY OR EXPEL THE FETUS 
FROM THE MOTHER’S WOMB shall suffer: 
 
1. The penalty of AFFLICTIVE 1, if he OR SHE shall use any violence upon the person 
of the pregnant woman. 
2. The penalty of AFFLICTIVE 2 if, without using violence, he OR SHE shall act without 
the consent of the woman. 
3. The penalty of CORRECTIVE 1, if the woman shall have consented. 
 
Art. 246. Unintentional abortion. — The penalty of CORRECTIVE 1 shall be imposed upon 
any person who shall cause an abortion by violence OR INTIMIDATION, but unintentionally. 
 
Art. 247. Abortion practiced by the woman herself or by her parents. — The penalty of 
CORRECTIVE 1 shall be imposed upon a woman who shall practice abortion upon herself. 
 
Any woman who shall commit this offense to conceal her dishonor, shall suffer the 
penalty of CORRECTIVE 2. 
 
If this crime be committed by the parents of the pregnant woman or either of them, and 
they act with the consent of said woman for the purpose of concealing her dishonor, the 
offenders shall suffer the penalty of CORRECTIVE 1. 
 
Art. 248. Abortion practiced by a physician or midwife and dispensing of abortives. — The 
penalties provided in Article ____ (256) shall be imposed in its maximum LEVEL, respectively, 
upon any physician or midwife who, taking advantage of their scientific knowledge or skill, 
shall cause an abortion or assist in causing the same. 
 
Any pharmacist who, without the proper prescription from a physician, shall dispense 
any abortive shall suffer RESTORATIVE 1 and a fine not exceeding 1,000 100,000 pesos.  
 
Chapter Two 
PHYSICAL INJURIES 
 
Art. 249. Mutilation. — The penalty of AFFLICTIVE 1 to PUNITIVE 2 shall be imposed upon 
any person who shall intentionally mutilate another by depriving him OR HER, either totally or 
partially, of some essential organ of reproduction. 
 
Any other intentional mutilation shall be punished by AFFLICTIVE 2 in its medium and 
maximum LEVELS. 
 
Art. 250. Serious physical injuries. — Any person who shall wound, beat, or INJURE another, 
shall be guilty of the crime of serious physical injuries and shall suffer: 
 


 
 76
1. The penalty of AFFLICTIVE 2, if in consequence of the physical injuries inflicted, 
the injured person shall become insane, imbecile, impotent, STERILE, or blind;  
2. The penalty of CORRECTIVE 1, if in consequence of the physical injuries inflicted, 
the person injured shall have lost the use of speech or the power to hear or to 
smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost 
the use of any such member, or shall have become incapacitated for the work in 
which he OR SHE was therefor habitually engaged; 
3. The penalty of CORRECTIVE 2, if in consequence of the physical injuries inflicted, 
the person injured shall have become deformed, or shall have lost any other part 
of his OR HER body, or shall have lost the use thereof, or shall have been ill or 
incapacitated for the performance of the work in which he OR SHE was habitually 
engaged for a period of ninety-ONE days OR MORE; 
4. The penalty of RESTORATIVE 1 to CORRECTIVE 2, if the physical injuries 
inflicted shall have caused the illness or incapacity for THE WORK IN WHICH THE 
INJURED PERSON WAS HABITUALLY ENGAGED for thirty-ONE TO NINETY 
days. 
 
Art. 251. Less serious physical injuries. — Any person who shall inflict upon another physical 
injuries not described in the preceding articles, shall suffer the penalty of RESTORATIVE 1, 
IF THE PHYSICAL INJURIES SHALL REQUIRE MEDICAL ATTENDANCE OR CAUSE 
INCAPACITY FOR THE WORK IN WHICH THE INJURED PERSON WAS HABITUALLY 
ENGAGED FOR A PERIOD OF TEN (10) TO THIRTY (30) DAYS. 
 
ANY PERSON, WHO SHALL INFLICT UPON ANOTHER PHYSICAL INJURIES, SHALL 
SUFFER THE PENALTY OF: 
 
1. RESTORATIVE 2 IF THE physical injuries shall require medical attendance OR 
CAUSE INCAPACITY FOR THE WORK IN WHICH THE INJURED PERSON WAS 
HABITUALLY ENGAGED from one (1) to nine (9) days.  
2. RESTORATIVE 2 or a fine not exceeding 40,000 pesos and censure IF THE 
physical injuries do not require medical ATTENDANCE OR CAUSE INCAPACITY 
FOR THE WORK IN WHICH THE INJURED PERSON WAS HABITUALLY 
ENGAGED FOR ONE (1) DAY. 
 
ANY PERSON, WHO SHALL MALTREAT ANOTHER BY DEED WITHOUT CAUSING 
ANY INJURY, SHALL SUFFER THE PENALTY OF RESTORATIVE 2 OR A FINE NOT 
EXCEEDING 5,000 PESOS. 
 
Art. 252. Administering injurious substances or beverages. — The penalties established by 
ARTICLES ____ (263), ____ (265), ____ (266) shall be applicable in the respective case to 
any person who, without intent to kill, shall inflict upon another any physical injury, by 
knowingly administering to him OR HER any injurious substance or beverages. 
 
THE PENALTIES ONE DEGREE LOWER SHALL BE IMPOSED TO A PERSON WHO 
SHALL DELIBERATELY INFECT ANOTHER PERSON WITH VIRUS OR BACTERIA IN 
VIOLATION OF HEALTH REGULATION IMPOSED BY THE GOVERNMENT.  
 
ART. 365 SHALL APPLY WHERE A PERSON HAVING KNOWLEDGE THAT HE OR SHE IS 
INFECTED BY A VIRUS OR BACTERIA SHALL RECKLESSLY INFECT ANOTHER 
PERSON IN VIOLATION OF HEALTH REGULATION IMPOSED BY THE GOVERNMENT.   
 
ART. 253. USE OF LOOSE FIREARM IN THE COMMISSION OF A CRIME. — EXCEPT FOR 
THE CRIMES OF REBELLION, COUP D’ETAT OR MURDER WITH THE QUALIFYING 
CIRCUMSTANCE OF USE OF LOOSE FIREARM, ANY PERSON WHO USES A LOOSE 
FIREARM IN COMMITTING A CRIME, SHALL BE PROSECUTED FOR THE UNLAWFUL 


 
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ACQUISITION OR POSSESSION OF SUCH FIREARM UNDER SECTION 28 OF RA NO. 
10591 IN ADDITION TO THE CRIME COMMITTED.  
 
Chapter THREE (New) 
TRAFFICKING IN PERSONS 
 
ART. 254. TRAFFICKING IN PERSONS. — Any person, who commits any of the acts of 
trafficking in persons by means of threat, or use of force, or other forms of coercion, or through 
abduction, fraud, deception, abuse of power or of position, or through taking advantage of the 
vulnerability of the person, or by giving or receiving of payment or benefit to obtain the consent 
of a person having control over another person for purpose of exploitation, shall be punished 
by penalty of Afflictive 1 to be applied in its maximum LEVEL. 
 
The vulnerability of the trafficked person is deemed to have been taken advantage of when 
he/she does not have another real or acceptable alternative, other than submitting to the 
abuse. 
 
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the 
purpose of exploitation or when the adoption is induced by any form of consideration for 
exploitative purposes, shall also be considered as 'trafficking in persons' even if it does not 
involve any of the “means to commit trafficking in persons.” In the case of overseas domestic 
work, a 'child' means a person below twenty-four (24) years old. 
 
THE OFFENDER’S LIABILITY FOR TRAFFICKING IN PERSONS SHALL BE WITHOUT 
PREJUDICE TO HIS OR HER CRIMINAL LIABILITY FOR RAPE, KIDNAPPING OR 
SERIOUS ILLEGAL DETENTION. 
 
“Acts of trafficking in persons” include: 
1. 
Offering, recruitment, obtaining, hiring, transportation, transfer, receipt providing, 
maintaining, or harboring of person;  
2. 
Introducing, ADVERTISING or matching trafficked victim to any person, for 
marriage;  
3. 
Offering or contracting marriage, real or simulated; 
4. 
Undertaking or organizing tours and travel plans consisting of tourism packages or 
activities; 
5. 
Adopting persons by any form of consideration, or adopting or facilitating the 
adoption of, persons; or  
6. 
Trading, bartering, or selling a child for any consideration. 
 
EXPLOITATION INCLUDES LABOR EXPLOITATION, SEXUAL EXPLOITATION AND 
ORGAN EXPLOITATION. 
 
“Labor exploitation” includes: 
1. 
Forced labor, debt bondage, slavery and involuntary servitude; 
2. 
Using a child to engage in armed activities or participate in activities in the context 
of an armed conflict in the Philippines or abroad; 
3. 
Using a child for the production and trafficking of drugs; and for illegal activities or 
work which, by its nature or the circumstances in which it is carried out, is likely to 
harm THE CHILD’S health, safety or morals. 
 
“Sexual Exploitation” refers to any means of actual or attempted abuse of a position of 
vulnerability, differential power, or trust, for sexual purposes or lewd designs, including 
profiting monetarily, socially, or politically from the sexual exploitation of another, regardless 
of whether or not consent was given. Sexual abuse or exploitation includes the OSAEC, 
production, creation, or distribution of CSAEM, prostitution, pornography, and sex tourism. 


 
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“Pornography” refers to any representation through publication, exhibition, cinematography, 
indecent shows, information technology, or by whatever means, of a person engaged in real 
or simulated explicit sexual activities or any representation of the sexual parts of a person 
primarily for sexual purposes: Provided, That when a child is involved, the material shall be 
considered CSAEM. 
 
“Sex tourism” refers to a program organized by travel and tourism-related establishments and 
individuals which consists of tourism packages or activities, utilizing and offering escort and 
sexual services as enticement for tourists. This includes sexual services and practices offered 
during rest and recreation periods for members of the military. 
 
Trafficking in persons can be committed with or without consent or knowledge of the trafficked 
victim, within or across national borders. 
 
Trafficking in person is also committed by any person who shall (1) commit or facilitate child 
laundering; OR (2) COMMIT AN ACT OF TRAFFICKING UPON a child for deployment abroad 
as migrant worker FOR PURPOSES OF EXPLOITATION; PROVIDED, That in the case of 
overseas domestic work, a 'child' means a person below twenty-four (24) years old. 
 
“Child Laundering” refers to an act of stealing and selling a child to adopting parents under 
false pretenses and using schemes such as falsifying the child's details or manipulating the 
child's origins to make the child appear an orphan or foundling. 
 
The liability of for trafficking in person shall be without prejudice to his OR HER other criminal 
liability for rape or kidnapping and serious illegal detention. 
 
“ORGAN EXPLOITATION” REFERS TO THE REMOVAL OR SALE OF BODY ORGANS IN 
VIOLATION OF REGULATIONS ISSUED BY THE DEPARTMENT OF HEALTH. 
 
ART. 255. QUALIFIED TRAFFICKING IN PERSONS. — The penalty of Punitive 2 shall be 
imposed if the crime of trafficking in persons is committed with any of the following qualifying 
circumstances: 
 
(a) When the trafficked person is a child; 
(b) When the adoption is effected through Republic Act No. 8043, otherwise known 
as the "Inter-Country Adoption Act of 1995"; 
(c) When the trafficked person is recruited to engage in prostitution with any member 
of the military or law enforcement agencies; 
(d) When by reason or on occasion of the act of trafficking in persons, the trafficked 
person dies, becomes insane, suffers mutilation or is afflicted with Human 
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome 
(AIDS) OR ANY OTHER SEXUALLY TRANSMISSIBLE DISEASE (STD) AND 
THE VIRUS OR DISEASE IS TRANSMITTED TO THE VICTIM; 
(e) When the crime is committed by a syndicate, or in large scale. Trafficking is 
deemed committed by a syndicate if carried out by a group of three (3) or more 
persons conspiring or confederating with one another. It is deemed committed in 
large scale if committed against three (3) or more persons, individually or as a 
group; 
(f) When the offender is a spouse, an ascendant, parent, sibling, guardian, 
WHETHER OFFICIALLY APPOINTED BY THE COURT OR NOT, or a person 
who exercises authority over the trafficked person or is a public officer or 
employee; 
(g) When the offender is a member of the military or law enforcement agencies; 


 
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(h) When the offender directs or through another manages the trafficking victim in 
carrying out the exploitative purpose of trafficking. 
(i) 
When the offender, or through another, directs or manages the actions of a victim 
in carrying out the exploitative purpose of trafficking; 
(j) 
When the crime is committed during a crisis, disaster, public health concern, 
pandemic, a humanitarian conflict, or emergency situation, or when the trafficked 
person is a survivor of a disaster or a human-induced conflict; 
(k) When the trafficked person belongs to an indigenous community or religious 
minority and is considered a member of the same; 
(l) 
When the trafficked person is a person with disability (PWD); 
(m) When the crime has resulted in pregnancy; OR the trafficked person suffered 
mental or emotional disorder as a result of being victim of trafficking; 
 
ART. 256. PROMOTING TRAFFICKING IN PERSONS. — Any person shall be punished by 
the penalty of Afflictive 2 for committing any of the following acts for the purpose of promoting 
trafficking in persons:  
 
(a) Knowingly leasing or subleasing, using or allowing to be used any house, building, 
tourism enterprise, or similar establishment, any vehicle or carrier by land sea or 
air, or any of their computer system or computer hardware or other computer-
related devices, or any of their digital platform or application; 
(b) Producing, printing and issuing or distributing unissued, tampered or fake 
passports, birth certificates, affidavits of delayed registration of births, foundling 
certificates, travel clearances, counseling certificates, registration stickers, 
overseas employment certificates or other certificates of any government agency 
which issues these certificates, decals and such other markers as proof of 
compliance with government regulatory and pre-departure requirements; 
(c) Advertising, publishing, printing, broadcasting or distributing, or causing the 
advertisement, publication, printing, broadcasting or distribution by any means, 
including the use of information technology and the internet, of any brochure, flyer, 
or any propaganda material; 
(d) Assisting in the conduct of misrepresentation or fraud for purposes of facilitating 
the acquisition of clearances and necessary exit documents from government 
agencies that are mandated to provide pre-departure registration and services for 
departing persons; 
(e) Facilitating, assisting or helping in the exit and entry of persons from/to the country 
at international and local airports, territorial boundaries and seaports who are in 
possession of unissued, tampered or fraudulent travel documents; 
(f) Confiscating, concealing, or destroying the passport, travel documents, or 
personal documents or belongings of trafficked persons or preventing them from 
leaving the country or seeking redress from the government or appropriate 
agencies; 
(g) Knowingly benefiting from, financial or otherwise, or making use of the labor or 
services of a person held to a condition of involuntary servitude, forced labor, or 
slavery; 
(h) Tampering with, destroying, or causing the destruction of evidence, or influencing 
or attempting to influence witnesses, in an investigation or prosecution of crimes 
involving trafficking in persons; 
(i) Destroying, concealing, removing, confiscating or possessing, or attempting to 
destroy, conceal, remove, confiscate or possess, any actual or purported passport 
or other travel, immigration or working permit or document, or any other actual or 
purported government identification, of any person in order to prevent or restrict, 


 
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or attempt to prevent or restrict, without lawful authority, the person’s liberty to 
move or travel in order to maintain the labor or services of that person;6  
(j) Utilizing his or her office to impede the investigation, prosecution or execution of 
lawful orders in a case involving trafficking in persons; 
(k) For internet intermediaries to knowingly or by gross negligence allow their internet 
infrastructure to be used; 
(l) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi 
access services to the public, to knowingly or by gross negligence allow their 
facilities to be used;7 
(m) For financial intermediaries, including banks and credit card companies and 
money transfer or remittance centers, to knowingly allow their services, online 
platform and applications, among others, to be used; 
(n) To knowingly facilitate, assist, or help in the entry into the country of persons who 
are convicted sex offenders whether at international and local airports, territorial 
boundaries, and seaports; 
(o) To arrange, facilitate, expedite, or cause the introduction or encounter of persons 
who are suspected or convicted sex offenders in any jurisdiction, to a child. The 
actual introduction or encounter need not occur to be liable under this provision. It 
is enough that there is a deliberate attempt to cause the introduction or encounter. 
 
Chapter FOUR (New) 
CRIMES AGAINST WOMEN AND CHILDREN 
 
Section 1. — Definition of Terms 
 
Art. 257. Children and minors. — FOR PURPOSES OF THIS CODE, THE TERM 
“CHILDREN” REFERS TO PERSONS BELOW EIGHTEEN (18) YEARS OF AGE OR THOSE 
OVER BUT ARE UNABLE TO FULLY TAKE CARE OF THEMSELVES OR PROTECT 
THEMSELVES 
FROM 
ABUSE, 
NEGLECT, 
CRUELTY, 
EXPLOITATION 
OR 
DISCRIMINATION BECAUSE OF A PHYSICAL OR MENTAL DISABILITY OR CONDITION, 
WHILE THE WORD “MINORS” REFERS PERSONS BELOW EIGHTEEN (18) YEARS OF 
CHRONOLOGICAL AGE.  
 
ART. 258. DATING OR SEXUAL RELATIONSHIP. — DATING RELATIONSHIP REFERS TO 
A SITUATION WHEREIN THE PARTIES LIVE AS HUSBAND AND WIFE WITHOUT THE 
BENEFIT OF MARRIAGE OR ARE ROMANTICALLY INVOLVED OVER TIME AND ON A 
CONTINUING BASIS DURING THE COURSE OF THE RELATIONSHIP. A CASUAL 
ACQUAINTANCE OR ORDINARY SOCIALIZATION BETWEEN TWO INDIVIDUALS IN A 
BUSINESS OR SOCIAL CONTEXT IS NOT A DATING RELATIONSHIP. 
 
SEXUAL RELATIONSHIP REFERS TO A SITUATION WHEREIN THE PARTIES 
HAVE SEXUAL ACTS ON A CONTINUING BASIS. 
 
SECTION 2. — CRIMES AGAINST CHILDREN 
 
SUB-SECTION 1. —  CHILD BARTER  
 
ART. 259. CHILD BARTER. —  Any person, who engages in trading, bartering, or selling a 
child shall be punished by the penalty of Afflictive 2. If the victim of child BARTER is under 
sixteen years of age, the penalty of Afflictive 1 shall be imposed.  
 
 
6 R.A. No. 9208, as amended by R.A. No. 10364, sec. 5(i) 
7 R.A. No. 9208, as amended by R.A. No. 10364, sec. 5(l) 


 
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If child BARTER is committed for purpose of exploitation AS DEFINED UNDER ART. 
____ (TRAFFICKING IN PERSONS), the offender shall be prosecuted for QUALIFIED 
Trafficking in Persons.  
 
ART. 260. ATTEMPT TO COMMIT CHILD BARTER. —  Any person, shall be punished by 
penalty of Corrective 1 for committing any of the following acts: 
 
(a) Facilitating the travel of a child who travels alone to a foreign country or territory 
without valid reason therefor and without the required clearance or permit from 
the Department of Social Welfare and Development, or a written permit or 
justification from the child’s parent or legal guardian; 
(b) Executing, for a consideration, an affidavit of consent or a written consent for 
adoption; 
(c) Recruiting a woman to bear a child for the purpose of selling the child; and 
(d) Soliciting a child and acquiring the custody thereof through any means from 
among hospitals, clinics, nurseries, daycare centers, refugee or evacuation 
centers, and low-income families, for the purpose of selling the child. 
 
THIS PROVISION IS WITHOUT PREJUDICE TO THE APPLICATION OF ART. ___ (6) OF 
THIS CODE. 
 
SUB-SECTION 2. — EXPLOITING A CHILD IN PROSTITUTION 
 
ART. 261. EXPLOITING A CHILD IN PROSTITUTION. —  Any person, who— 
 
(a) induces person to be a client of a child EXPLOITED IN PROSTITUTION by means 
of written or DIGITAL advertisements or other similar means,  
(b) OFFERS OR gives monetary consideration goods or other pecuniary benefit to a 
child with intent to engage such child in prostitution, or  
(c) commits the act of sexual intercourse or lascivious conduct with a child exploited 
in prostitution  
 
—shall be punished by the penalty of afflictive 1.  
 
If the child exploited in prostitution is under 16 years of age or deprived of reason, the 
offender, who commits sexual intercourse with her, shall be prosecuted for rape. IN CASE OF 
LASCIVIOUS CONDUCT, THE OFFENDER SHALL BE PUNISHED BY AFFLICTIVE 1 IN ITS 
MAXIMUM LEVEL. 
 
ART. 262. ATTEMPT TO EXPLOIT A CHILD IN PROSTITUTION. —  Any person who, not 
being a relative of a child, is found alone with the said child inside the room or cubicle of a 
house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, 
vehicle or any other hidden or secluded area under circumstances which would lead a 
reasonable person to believe that the child is about to be exploited in prostitution and other 
sexual abuse, shall be punished by the penalty of Corrective 1.  
 
Any person, who KNOWINGLY receives services from a child in a sauna parlor or 
bath, massage clinic, health club, and other similar establishments, shall be punished by the 
same penalty. 
 
ART. 263. KEEPING IN HIS OR HER COMPANY A MINOR. —  Any person, who keeps or 
has in his OR HER company a minor, under sixteen (16) years of age or who in ten (10) years 
or more his OR HER junior in any hotel, motel, beer joint, discotheque, cabaret, pension 
house, sauna or massage parlor, other tourist resort or similar places, shall be punished by 
the penalty of Corrective 1: Provided, That this provision shall not apply to any person who 


 
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(A) IS related within the fourth degree of consanguinity or AFFINITY, (B) IS RELATED BY 
LEGAL ADOPTION, (C) WHO HAS CARE AND CUSTODY UNDER ANY KNOWN AND 
ACCEPTED local custom and tradition or (D) IS actING in the performance of a social, moral 
or legal duty. 
 
Any person, who induces, delivers or offers a minor to any one prohibited by THIS 
Article to keep or have in his OR HER company a minor as provided in the preceding 
paragraph shall suffer the same penalty; Provided, however, That should the perpetrator be 
an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be Afflictive 
2, and the loss of parental authority over the minor. 
 
Any person, owner, manager or one entrusted with the operation of any public or 
private place of accommodation, whether for occupancy, food, drink or otherwise, including 
residential places, who allows any person to take along with him OR HER to such place or 
places any minor herein described shall be imposed a penalty of Afflictive 2, and the loss of 
the license to operate such a place or establishment. 
 
SUB-SECTION 3. — CSAEM AND OSAEC 
 
Art. 264. Child Sexual Abuse and Exploitation Material (CSAEM). — Any person, who 
commitS the following acts through online or offline means or a combination of both, 
REGARDLESS OF THE CONSENT OF THE CHILD, shall be punished by PUNITIVE 2 and 
a fine of not less than Two million pesos (P2,000,000.00):  
 
(a) To engage, or coerce a child to perform or participate in whatever way in the 
creation or production of any form of OSAEC and CSAEM; 
(b) To produce, direct, manufacture, facilitate, or create any form of CSAEM, or 
participate in the production, direction, manufacture, facilitation or creation of 
CSAEM OR OSAEC; 
(c) To offer, sell, distribute, advertise, promote, export, or import, OR To permit or 
influence the child to engage, participate or assist in any form of CSAEM; 
(d) To produce, direct, create, hire, employ or pay a facilitator to stream or 
livestream acts of child sexual abuse or exploitation; AND 
 
 
(2) For film distributors, theaters and ICT services by themselves or in cooperation with 
other entities, to distribute any form of CSAEM or to facilitate the commission of any of the 
offenses under this Act. 
 
 
Any person, who shall possess or willfully access by themselves or in cooperation with 
other entities, to distribute any form of CSAEM through online or offline means or a 
combination of both regardless of the consent of the child, shall be punished by ________. 
 
CHILD SEXUAL ABUSE OR EXPLOITATION MATERIAL (CSAEM) REFERS TO ANY 
REPRESENTATION, WHETHER OFFLINE, OR BY, THROUGH OR WITH THE USE OF ICT, 
BY MEANS OF VISUAL, VIDEO, AUDIO, WRITTEN, OR ANY COMBINATION THEREOF, 
BY ELECTRONIC, MECHANICAL, DIGITAL, OPTICAL, MAGNETIC OR ANY OTHER 
MEANS, OF A CHILD ENGAGED OR INVOLVED IN REAL OR SIMULATED SEXUAL 
ACTIVITIES, OR DEPICTING ACTS OF SEXUAL ABUSE OR EXPLOITATION OF A CHILD 
AS A SEXUAL OBJECT. IT SHALL ALSO INCLUDE MATERIALS THAT FOCUS ON THE 
GENITALIA OR OTHER PRIVATE BODY PARTS OF A CHILD.  
 
Art. 265. Luring or Grooming. — ANY PERSON, WHO To engageS in the luring or grooming 
of a child THROUGH ONLINE OR OFFLINE MEANS, SHALL BE PUNISHED BY Afflictive 1 
and a fine of not less than Eight hundred thousand pesos (P800,000.00) but not less than One 


 
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million pesos (P1,000,000.00): Provided, That grooming taking place offline as a prelude TO 
SEXUAL ABUSE OR EXPLOITATION shall also be penalized. 
 
LURING REFERS TO THE ACT OF COMMUNICATION, BY MEANS OF A COMPUTER 
SYSTEM, WITH A CHILD OR SOMEONE WHO THE OFFENDER BELIEVES TO BE A 
CHILD FOR THE PURPOSE OF FACILITATING THE COMMISSION OF SEXUAL ACTIVITY 
OR PRODUCTION OF ANY FORM OF CSAEM. 
 
GROOMING REFERS TO PREDATORY CONDUCT, ACT, OR PATTERN OF ACTS, OF 
ESTABLISHING THE RELATIONSHIP OF TRUST, OR EMOTIONAL CONNECTION BY 
ANOTHER, WITH A CHILD OR SOMEONE WHO IS BELIEVED TO BE A CHILD, AND/OR 
THE FAMILY, GUARDIAN, AND/OR CAREGIVERS, WHETHER IN PERSON OR VIA 
ELECTRONIC AND OTHER SIMILAR DEVICES, FOR THE PURPOSE OF PREPARING A 
CHILD FOR A SEXUAL ACTIVITY OR SEXUAL RELATIONSHIP OR PENETRATING 
SEXUAL ABUSE OR EXPLOITATION OR THE PRODUCTION OF ANY FORM OF CSAEM 
BY COMMUNICATING ANY FORM OF CSAEM. 
 
Art. 266. Sexualization. — ANY PERSON, WHO sexualizeS children by presenting them as 
objects of sexual fantasy, or making them conversational subjects of sexual fantasies, in any 
online or digital platform, EVEN IF THERE IS NO ACTUAL SEXUAL INTERCOURSE OR NO 
PRIVATE PART OF THE BODY OF THE CHILD HAS BEEN SHOWN, SHALL BE PUNISHED 
BY AFFLICTIVE 1 and a fine of not less than Eight hundred thousand pesos (P800,000.00) 
but not less than One million pesos (P1,000,000.00). 
 
Art. 267. Pandering. — ANY PERSON, WHO engageS in the pandering THROUGH ONLINE 
OR OFFLINE MEANS, SHALL BE PUNISHED BY AFFLICTIVE 1 and a fine of not less than 
Eight hundred thousand pesos (P800,000.00) but not less than One million pesos 
(P1,000,000.00). 
 
PANDERING REFERS TO THE ACT OF OFFERING, ADVERTISING, PROMOTING, 
REPRESENTING OR DISTRIBUTING THROUGH ANY MEANS ANY CHILD SEXUAL 
ABUSE OR EXPLOITATION MATERIAL, OR ANY MATERIAL THAT PURPORTS TO 
CONTAIN ANY FORM OF CHILD SEXUAL ABUSE OR EXPLOITATION MATERIAL, 
REGARDLESS OF ITS ACTUAL CONTENT. 
 
ART. 268. Conspiracy to commit OSAEC. — ANY PERSON WHO SHALL conspire to commit 
any of the prohibited acts stated in this CHAPTER EXCEPT POSSESSION OR WILLFUL 
ACCESS OF CSAEM UNDER ART. ______ SHALL BE PUNISHED BY AFFLICTIVE 2 and a 
fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two 
hundred thousand pesos (P200,000.00).  
 
SUB-SECTION 4. — OTHER ACTS CONSTITUTING CHILD ABUSE 
 
Art. 269. PSYCHOLOGICAL ABUSE OF CHILD. — Any person, who commits any act by 
deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child 
as a human being or prejudicial to the child's development, SHALL BE PUNISHED BY 
AFFLICTIVE 2. 
 
ART. 270. PHYSICAL ABUSE OF CHILD. — THE PENALTY FOR SERIOUS, LESS 
SERIOUS, OR SLIGHT PHYSICAL INJURIES OR MUTILATION OR CONSUMMATED, 
FRUSTRATED, OR ATTEMPTED HOMICIDE COMMITTED AGAINST A CHILD SHALL BE 
ONE (1) DEGREE HIGHER THAN THAT PRESCRIBED BY LAW. 
 


 
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A PARENT, SCHOOL ADMINISTRATOR, TEACHER, OR ANY OTHER PERSON 
EXERCISING PARENTAL AUTHORITY OVER A CHILD IS NOT EXEMPT FROM CRIMINAL 
LIABILITY FOR INFLICTING DISCIPLINARY PUNISHMENT AGAINST THE CHILD.  
 
ART. 271. ABANDONMENT OF CHILD. — ANY PARENT OR GUARDIAN, WHO 
ABANDONS THE CHILD UNDER SUCH CIRCUMSTANCES AS TO DEPRIVE HIM OR HER 
OF THE LOVE, CARE AND PROTECTION HE OR SHE NEEDS, SHALL BE PUNISHED BY 
AFFLICTIVE 2 IN ITS MINIMUM LEVEL.  
 
ANY PERSON WHO, HAVING FOUND AN ABANDONED CHILD UNDER SEVEN 
YEARS OF AGE, FAILS TO DELIVER SAID CHILD TO THE AUTHORITIES OR TO HIS OR 
HER FAMILY, OR FAILS TO TAKE HIM OR HER TO A SAFE PLACE, SHALL BE PUNISHED 
BY PENALTY OF RESTORATIVE 1. 
 
The provisions in this Article shall not prevent the imposition of the penalty provided 
for the act committed, when the same shall constitute a more serious offense. 
 
Art. 272. ECONOMIC VIOLENCE/DEPRIVATION OF LEGAL SUPPORT. — ANY PERSON, 
WHO DEPRIVES HIS OR HER CHILDREN OF FINANCIAL OR EDUCATIONAL SUPPORT 
DESPITE HIS OR HER FINANCIAL CAPACITY TO DO SO SHALL BE PUNISHED BY 
CORRECTIVE 2 TO CORRECTIVE 1.   
 
ART. 273. CONCEALMENT OF CHILD. — ANY PARENT, WHO CONCEALS OR 
ABANDONS THE CHILD WITH INTENT TO MAKE SUCH CHILD LOSE HIS OR HER CIVIL 
STATUS, SHALL BE PUNISHED BY AFFLICTIVE 2 IN ITS MINIMUM LEVEL. IF THE 
OFFENDER IS NOT THE PARENT OF THE CHILD, HE OR SHE SHALL SUFFER THE 
PENALTY OF AFFLICTIVE 2. 
 
SUB-SECTION 5. — CHILD MARRIAGE  
 
ART. 274. FACILITATION OF CHILD MARRIAGE. —  Any person, who causes, fixes, 
facilitates, or arranges a child  marriage shall suffer the penalty of AFFLICTIVE 2.  
 
Any person who produces, prints, issues and/or distributes fraudulent or tampered 
documents such as birth certificates, affidavits of delayed registration of birth and/or foundling 
certificates for the purpose of misrepresenting the age of a child to facilitate child marriage or 
evade liability under this Article shall be PUNISHED BY THE SAME PENALTY. 
 
Should the perpetrator in this crime be an ascendant, parent, adoptive parent, step 
parent, or guardian of the child, AN ADDITIONAL PENALTY OF A fine of not less than forty 
thousand person (P40,000) shall be imposed. If the perpetrator in this crime is a public officer, 
he or she shall be dismissed from the service and may be perpetually disqualified from holding 
office, at the discretion of the courts. 
 
ART. 275. SOLEMNIZATION OF CHILD MARRIAGE. —  Any person who performs or 
officiates a child marriage shall suffer the penalty of AFFLICTIVE 2 in its maximum LEVEL 
and a fine of not less than Fifty thousand pesos (P50,000.00); Provided, however, That if the 
perpetrator is a public officer, he or she shall be dismissed from the service and may be 
perpetually disqualified from holding office, at the discretion of the courts. 
 
ART. 276. COHABITATION WITH A CHILD. — An adult partner, who cohabits with 
a child outside wedlock, shall be punished by the penalty of AFFLICTIVE 2 in its maximum 
LEVEL and a fine of not less than Fifty thousand pesos (P50,000.00): Provided, however, That 
if the perpetrator is a public officer, he or she shall likewise be dismissed from the service and 
may be perpetually disqualified from holding office, at the discretion of the courts. 


 
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SECTION 3. — CRIMES AGAINST WOMEN  
 
ART. 277. PHYSICAL VIOLENCE AGAINST WOMEN. — THE PENALTY FOR SLIGHT, 
LESS SERIOUS, OR SERIOUS PHYSICAL INJURIES OR MUTILATION OR ATTEMPTED, 
FRUSTRATED OR CONSUMMATED HOMICIDE COMMITTED BY ANY PERSON UPON A 
WOMAN WITH WHOM HE HAS OR HAD A MARITAL, SEXUAL, OR DATING 
RELATIONSHIP SHALL BE ONE (1) DEGREE HIGHER THAN THAT PRESCRIBED BY 
LAW. 
 
ANY PERSON, WHO THREATENS OR ATTEMPTS TO CAUSE PHYSICAL HARM 
UPON A WOMAN WITH WHOM HE HAS A MARITAL, SEXUAL, OR DATING 
RELATIONSHIP OR HER CHILD, OR PLACES HER OR HER CHILD IN FEAR OF 
IMMINENT PHYSICAL HARM, SHALL BE PUNISHED BY RESTORATIVE 2 TO 
RESTORATIVE 1. 
 
ART. 278. SEXUAL VIOLENCE AGAINST A WOMAN AND MARITAL RAPE. —  ANY 
PERSON, WHO CAUSES OR ATTEMPTS TO CAUSE THE WOMAN, WITH WHOM HE HAS 
OR HAD A MARITAL, SEXUAL, OR DATING RELATIONSHIP, TO ENGAGE IN ANY 
SEXUAL ACTIVITY WHICH DOES NOT CONSTITUTE RAPE, BY FORCE OR THREAT OR 
INTIMIDATION DIRECTED AGAINST THE WOMAN OR HER/HIS IMMEDIATE FAMILY, 
SHALL BE PUNISHED BY AFFLICTIVE 2.  
 
ANY HUSBAND, WHO COMMITS SEXUAL INTERCOURSE OR SEXUAL ASSAULT 
WITH HIS WIFE THROUGH FORCE, THREAT, OR INTIMIDATION, SHALL BE PUNISHED 
BY PENALTY OF CORRECTIVE 1. HOWEVER, IF THE WIFE SUFFERED SERIOUS OR 
LESS SERIOUS PHYSICAL INJURIES BY REASON OR ON OCCASION OF RAPE, THE 
ACT SHALL BE PUNISHED BY PENALTY OF AFFLICTIVE 2. IF THE WIFE DIED OR 
BECAME INSANE BY REASON OR ON OCCASION OF RAPE, THE ACT SHALL BE 
PUNISHED BY PUNITIVE 2 TO PUNITIVE 1.  
 
ART. 279. CONTROLLING OR RESTRICTING MOVEMENT OR CONDUCT OF THE 
WOMAN. —  ANY PERSON SHALL BE PUNISHED BY CORRECTIVE 1 AND 2, IF FOR THE 
PURPOSE OF CONTROLLING OR RESTRICTING THE WOMAN'S OR HER CHILD’S 
MOVEMENT OR CONDUCT OF A WOMAN WITH WHOM THE OFFENDER HAS OR HAD 
A MARITAL, SEXUAL OR DATING RELATIONSHIP, HE SHALL COMMIT ANY OF THE 
FOLLOWING ACTS: 
 
(1) THREATENING TO DEPRIVE OR ACTUALLY DEPRIVING THE WOMAN OF 
HER CUSTODY OVER HER CHILD; 
(2)  DEPRIVING OR THREATENING TO DEPRIVE THE WOMAN OR HER CHILD 
OF A LEGAL RIGHT;  
(3) CONTROLLING THE VICTIM'S OWN MONEY OR PROPERTIES, OR SOLELY 
CONTROLLING THE CONJUGAL OR COMMON MONEY OR PROPERTIES;  
(4) USING FORCE OR THREAT OF FORCE, PHYSICAL OR OTHER HARM OR 
THREAT OF PHYSICAL OR OTHER HARM, OR INTIMIDATION DIRECTED 
AGAINST THE WOMAN OR HER CHILD. 
(5) ANY OTHER SIMILAR OR ANALOGOUS ACTS. 
 
THE ABOVE-MENTIONED PURPOSE INCLUDES ATTEMPTING TO COMPEL OR 
COMPELLING THE SAID WOMAN OR HER CHILD TO ENGAGE IN CONDUCT WHICH 
SHE HAS THE RIGHT TO DESIST FROM OR DESIST FROM CONDUCT WHICH SHE HAS 
THE RIGHT TO ENGAGE IN, OR PREVENTING THE WOMAN IN ENGAGING IN ANY 
LEGITIMATE PROFESSION, OCCUPATION, BUSINESS OR ACTIVITY.  
 


 
 86
A PERSON, WHO INFLICTS OR THREATENS TO INFLICT PHYSICAL HARM ON 
ONESELF FOR THE PURPOSE OF CONTROLLING THE ACTIONS OR DECISIONS OF 
SAID WOMAN, SHALL SUFFER RESTORATIVE 1 AND 2.  
 
Art. 280. PSYCHOLOGICAL VIOLENCE AGAINST A WOMAN. — ANY PERSON SHALL BE 
PUNISHED BY CORRECTIVE 2 TO CORRECTIVE 1 IF HE ENGAGES IN PURPOSEFUL, 
KNOWING, OR RECKLESS CONDUCT, PERSONALLY OR THROUGH ANOTHER, THAT 
ALARMS OR CAUSES SUBSTANTIAL EMOTIONAL OR PSYCHOLOGICAL DISTRESS TO 
THE WOMAN WITH WHO HE HAS OR HAD MARITAL, SEXUAL OR DATING 
RELATIONSHIP SUCH AS COMMITTING ANY OF THE FOLLOWING ACTS:  
 
(1) 
STALKING OR FOLLOWING THE WOMAN IN PUBLIC OR PRIVATE PLACES;  
(2) 
PEERING IN THE WINDOW OR LINGERING OUTSIDE THE RESIDENCE OF 
THE WOMAN OR HER CHILD;  
(3) 
ENTERING OR REMAINING IN THE DWELLING OR ON THE PROPERTY OF 
THE WOMAN OR HER CHILD AGAINST HER/HIS WILL;  
(4) 
DESTROYING THE PROPERTY AND PERSONAL BELONGINGS OR 
INFLICTING HARM TO ANIMALS OR PETS OF THE WOMAN OR HER CHILD; 
AND  
(5) 
ENGAGING IN ANY FORM OF HARASSMENT OR VIOLENCE. 
 
 
 
THE SAME PENALTY SHALL BE IMPOSED IF THE OFFENDER “DELIBERATELY” 
CAUSES MENTAL OR EMOTIONAL ANGUISH, PUBLIC RIDICULE OR HUMILIATION TO 
THE WOMAN OR HER CHILD THROUGH REPEATED VERBAL AND EMOTIONAL ABUSE, 
OR DENIAL OF CUSTODY OF MINOR CHILDREN OR ACCESS TO THEM OR OTHER 
SIMILAR ACTS.   
 
ANY MARRIED MAN, WHO HAS SEXUAL OR DATING RELATIONSHIP WITH A PERSON, 
WHICH CAUSES SUBSTANTIAL EMOTIONAL OR PSYCHOLOGICAL DISTRESS OR 
MENTAL OR EMOTIONAL ANGUISH TO HIS WIFE, SHALL SUFFER THE PENALTY OF 
AFFLICTIVE 2. 
 
THE PERSON WITH WHOM THE MARRIED MAN HAS SEXUAL OR DATING 
RELATIONSHIP SUFFER THE PENALTY OF RESTRICTIVE PROVIDED THAT SHE/HE IS 
AWARE THAT THE MAN IS MARRIED.  
   
ART. 281. SPECIAL CIRCUMSTANCE FOR CRIMES COMMITTED AGAINST WOMEN OR 
HER CHILDREN. — IF CRIMES AGAINST WOMEN AND THEIR CHILDREN ARE 
COMMITTED WHILE THE WOMAN OR CHILD IS PREGNANT OR COMMITTED IN THE 
PRESENCE OF HER CHILD, THE PENALTY SHALL BE APPLIED IN ITS MAXIMUM LEVEL. 
 
IN ADDITION TO IMPRISONMENT, THE PERPETRATOR SHALL (A) PAY A FINE 
IN THE AMOUNT OF NOT LESS THAN ONE HUNDRED THOUSAND PESOS (P100,000.00) 
BUT NOT MORE THAN THREE HUNDRED THOUSAND PESOS (300,000.00); (B) 
UNDERGO 
MANDATORY 
PSYCHOLOGICAL 
COUNSELING 
OR 
PSYCHIATRIC 
TREATMENT AND SHALL REPORT COMPLIANCE TO THE COURT. 
 
ART. 282. BATTERED WOMAN SYNDROME AS A DEFENSE. — Victim-survivors who are 
found by the courts to be suffering from battered woman syndrome do not incur any criminal 
and civil liability notwithstanding the absence of any of the elements for justifying 
circumstances of self-defense under the Revised Penal Code. 
 
In the determination of the state of mind of the woman who was suffering from battered woman 
syndrome at the time of the commission of the crime, the courts shall be assisted by expert 
psychiatrists/ psychologists. 


 
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"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and 
behavioral symptoms found in women living in battering relationships as a result of cumulative 
PHYSICAL abuse OF THE WOMAN OR HER CHILD RESULTING IN PHYSICAL AND 
PSYCHOLOGICAL OR EMOTIONAL DISTRESS. 
 
Chapter FIVE (New) 
HAZING 
 
ART. 283. PROHIBITION ON HAZING. — All forms of hazing shall be prohibited in fraternities, 
sororities, and organizations in schools, including citizens' military training and citizens' army 
training. This prohibition shall likewise apply to all other fraternities, sororities, and 
organizations that are not school-based, such as community-based and other similar 
fraternities, sororities, and organizations: Provided, That the physical, mental, and 
psychological testing and training procedures and practices to determine and enhance the 
physical, mental, and psychological fitness of prospective regular members of the AFP and 
the PNP as approved by the Secretary of National Defense and the National Police 
Commission, duly recommended by the Chief of Staff of the AFP and the Director General of 
the PNP, shall not be considered as hazing for purposes of this Act: Provided, further, That 
the exception provided herein shall likewise apply to similar procedures and practices 
approved by the respective heads of other uniformed learning institutions as to their 
prospective members, nor shall this provision apply to any customary athletic events or other 
similar contests or competitions or any activity or conduct that furthers a legal and legitimate 
objective, subject to prior submission of a medical clearance or certificate. 
 
In no case shall hazing be made a requirement for employment in any business or 
corporation. 
 
ART. 284. DEFINITION OF TERMS. — Hazing refers to any act that results in physical or 
psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member 
as part of an initiation rite or practice made as a prerequisite for admission or a requirement 
for continuing membership in a fraternity, sorority, or organization including, but not limited to 
paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced 
consumption of any food, liquor, beverage, drug or other substance, or any other brutal 
treatment or forced physical activity which is likely to adversely affect the physical and 
psychological health of such recruit, neophyte, applicant, or member. This shall also include 
any activity, intentionally made or otherwise, by one person alone or acting with others, that 
tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, 
neophyte, applicant, or member to do menial, silly, or foolish tasks. 
 
This CHAPTER on hazing shall apply to the president, manager, director, or other 
responsible officer of businesses or corporations engaged hazing as a requirement for 
employment in the manner provided herein. 
 
Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather 
formal or informal, that a person must perform or take part in order to be accepted into 
fraternity, sorority, organization as a full-fledged member. It includes ceremonies practices, 
rituals, and other acts in all stages of membership in a fraternity, sorority, or organization. 
 
Organization refers to an organized body of people which includes, but it is not limited 
to, any club, association, group, fraternity, and sorority. This term shall include the Armed 
Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary 
Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed 
service-learning institutions. 
 


 
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Schools refer to colleges, universities, and other educational institutions. 
 
INITIATION OR INITIATION RITES REGULATED BY R.A. NO. 8049 AS AMENDED 
BY R.A. NO. 11053 SHALL NOT BE CONSIDERED HAZING. 
 
ART. 285. RECRUITMENT TO HAZING. — ANY PERSON WHO RECRUITS ANOTHER 
PERSON TO JOIN A PARTICULAR FRATERNITY, SORORITY OR ORGANIZATION 
WHICH IS ENGAGED IN HAZING, SHALL BE PUNISHED BY CORRECTIVE 2. 
 
IF THE person EMPLOYS INTIMIDATION, THREATS, FORCE, OR ANY FORM OF 
VEXATION IN RECRUITING another person TO JOIN a particular fraternity, sorority, or 
organization WHICH IS ENGAGED IN HAZING, THE PENALTY SHALL BE ONE DEGREE 
HIGHER. 
 
The persistent and repeated proposal or invitation made to a person who had twice 
refused to participate or join the proposed fraternity, sorority, or organization WHICH IS 
ENGAGED IN HAZING, shall be prima facie evidence of vexation for purposes of this 
ARTICLE. 
 
ART. 286. INDUCING THE VICTIM TO ATTEND HAZING. — Any officer or member of a 
fraternity, sorority, or organization, who knowingly cooperates in carrying out the hazing by 
inducing the victim to be present thereat, shall be punished by the penalty of PUNITIVE 2 and 
a fine of Two million pesos (P2,000,000.00). 
 
ART. 287. PLANNING OF OR PARTICIPATION IN HAZING. — Any person, who plans or 
participates in the conduct of the hazing, shall be punished by Punitive 2 and a fine of Two 
million pesos (P2,000,000.00). However, if, as a consequence of the hazing, death, rape, or 
mutilation results therefrom, the penalty of fine shall be Three million pesos (P3,000,000.00).  
 
The presence of any person, WHO IS a member of the fraternity, sorority, or organization, 
during the hazing is prima facie evidence of participation therein as a principal.  
 
ART. 288. PRESENCE AT THE HAZING. — The following persons, who is present in the 
conduct of the hazing, shall be punished by penalty of Punitive 2 and a fine of Two million 
pesos (P2,000,000.00): 
 
1. All officers of the fraternity, sorority, or organization;  
2. The adviser of a fraternity, sorority, or organization;  
3. All former officers, nonresident members, or alumni of the fraternity, 
sorority, or organization; or 
4. Members of the fraternity, sorority, or organization who are intoxicated 
or under the influence of alcohol or illegal drugs. 
 
ART. 289. KNOWLEDGE OF HAZING. — Any owner or lessee of the place where hazing is 
conducted shall be liable as principal in the crime of participation in hazing, when such owner 
or lessee has actual knowledge of the hazing conducted.  
 
If the hazing is held in the home of one of the officers or members of the fraternity, sorority, or 
organization, the parents shall be held liable as principals in the crime of participation in hazing 
when they have actual knowledge of the hazing conducted therein. 
 
ART. 290. CONSENTING OR ALLOWING HAZING. — Any school authority including faculty 
member as well as barangay, municipal, or city official shall be liable as an accomplice in the 
crime of participation in hazing, if it can be shown that the school or barangay, municipal, or 
city officials allowed or consented to the conduct of hazing. 


 
 89
 
ART. 291. LEGAL DEFENSE. — Any offender under this CHAPTER on hazing, who did not 
actually participate in the hazing, and who took any action to prevent hazing from occurring or 
promptly report the same to the law enforcement authorities, is not criminally liable for the 
crimes of inducing the victim to attend hazing, planning of hazing, presence at hazing, 
knowledge of hazing, or consenting or allowing hazing. 
 
ART. 292.  UNMITIGATED LIABILITY. —  Any person charged under this CHAPTER shall 
not be entitled to the mitigating circumstances that there was no intention to commit so grave 
a wrong. 
 
ART. 293. UNRECOGNIZED DEFENSE. — Any form of approval, consent, or agreement, 
whether written or otherwise, or of an express waiver of the right to object to the initiation rite 
or proceeding which consists of hazing made by a recruit, neophyte, or applicant prior to an 
initiation rite that involves inflicting physical or psychological suffering, harm, or injury, shall be 
void and without any binding effect on the parties. 
 
The defense that the recruit, neophyte, or applicant consented to being subjected to hazing 
shall not be available to persons prosecuted under this CHAPTER. 
 
ART. 294. OBSTRUCTION OF HAZING INVESTIGATION. — Any former officers, 
nonresident member, alumni of the fraternity, sorority, or organization who, after the 
commission of any of the prohibited acts proscribed under this Title, will perform any act to 
hide, conceal the crime, or otherwise hamper or obstruct any criminal investigation thereon, 
shall be punished by AFFLICTIVE 1 and a fine of One million pesos (P1,000,000.00).  
 
Title Nine 
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 
 
Chapter One 
CRIMES AGAINST LIBERTY 
 
Art. 295. Kidnapping and serious illegal detention. — Any private individual who shall kidnap 
or detain another, or in any other manner deprive him OR HER of his OR HER liberty, shall 
suffer the penalty of PUNITIVE 2 to PUNITIVE 1: 
 
1. If the kidnapping or detention shall have lasted more than three days. 
2. If it shall have been committed simulating public authority. 
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or 
detained; or if threats to kill him OR HER shall have been made. 
4. If the person kidnapped or detained shall be a minor, female or a public officer.  
 
IF THE PERSON COMMITTING THIS CRIME SHALL BE THE FATHER OR THE 
MOTHER OF THE MINOR, THE PENALTY SHALL BE RESTORATIVE 1 OR A FINE 
NOT EXCEEDING 100,000 PESOS OR BOTH. 
 
The MAXIMUM PENALTY shall be IMPOSED where the kidnapping or detention was 
committed for the purpose of extorting ransom from the victim or any other person, even if 
none of the circumstances above-mentioned were present in the commission of the CRIME. 
 
When the victim OR ANY OTHER PERSON is killed or dies or is raped, or is subjected 
to torture, LASCIVIOUS CONDUCT, or dehumanizing acts BY REASON OR ON OCCASION 
OF THE DETENTION, the maximum penalty shall be imposed. 
 


 
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IN THE EVENT THAT KIDNAPPING IN ANY OF ITS FORMS, INCLUDING 
KIDNAPPING WITH HOMICIDE, OR STAGES OF COMMISSION IS ACCOMPANIED BY 
RAPE, THE OFFENDER SHALL SUFFER THE CORRESPONDING PENALTY THEREFOR 
IN ADDITION TO HIS OR HER CRIMINAL LIABILITY FOR RAPE. 
 
Art. 296. Slight illegal detention. — The penalty of AFFLICTIVE 1 shall be imposed upon any 
private individual who shall commit the crimes described in the next preceding article without 
the attendance of any of circumstances enumerated therein. 
 
The same penalty shall be incurred by anyone who shall furnish the place for the 
perpetration of the crime. 
 
If the offender shall voluntarily release the person so kidnapped or detained within 
three days from the commencement of the detention, without having attained the purpose 
intended, and before the institution of criminal proceedings against him OR HER, the penalty 
shall be AFFLICTIVE 2 in its minimum and medium LEVELS and a fine not exceeding 
100,000. 
 
Art. 297. Unlawful arrest. — The penalty of RESTORATIVE 1 and a fine not exceeding 
100,000 pesos shall be imposed upon any person who, in any case other than those 
authorized by law, or without reasonable ground therefor, shall arrest or detain another for the 
purpose of delivering him OR HER to the proper authorities.  
 
Art. 298. Failure to return a minor. — The penalty of PUNITIVE 2 shall be imposed upon any 
person who, being entrusted with the custody of a minor person, shall deliberately fail to 
restore the latter to his OR HER parents or guardians. 
 
Art. 299. Inducing a minor to abandon his OR HER home. — The penalty of CORRECTIVE 1 
and a fine not exceeding 100,000 pesos shall be imposed upon anyone who shall induce a 
minor to abandon the home of his OR HER parent or guardians or the persons entrusted with 
his OR HER custody. 
 
If the person committing any of the crimes covered by this article and the preceding 
article shall be the father or the mother of the minor, the penalty shall be RESTORATIVE 1 or 
a fine not exceeding 40,000 pesos, or both. 
 
Art. 300. Services rendered under compulsion in payment of debt. — The penalty of 
RESTORATIVE 1 in its maximum LEVEL to CORRECTIVE 2 shall be imposed upon any 
person who, in order to require or enforce the payment of a debt, shall compel the debtor to 
work for him OR HER, against his OR HER will.  
 
Chapter Two 
CRIMES AGAINST SECURITY 
 
Section One. — Abandonment of helpless persons 
and exploitation of minors 
 
Art. 301. Abandonment of person in danger and abandonment of one's own victim. — The 
penalty of RESTORATIVE 1 shall be imposed upon: 
 
1. Anyone who shall fail to render assistance to any person whom he OR SHE shall 
find in an uninhabited place wounded or in danger of dying, when he OR SHE can render such 
assistance without detriment to himself OR HERSELF. 
2. Anyone who shall fail to help or render assistance to another whom he OR SHE has 
accidentally wounded or injured OR KILLED. 


 
 91
 
Art. 302. Additional penalties for other offenses. — The imposition of the PENALTY 
prescribed in the preceding ARTICLE, shall not prevent the imposition upon the same person 
of the penalty provided for any other CRIMES defined and punished by this Code.  
 
Section Two. — Trespass to dwelling 
 
Art. 303.   Trespass to dwelling. — Any private person who shall enter the dwelling of another 
against the latter's will OR WITHOUT THE KNOWLEDGE OF THE LATTER AND BEING 
REQUIRED TO LEAVE THE PREMISES, SHALL REFUSE TO DO SO, shall be punished by 
RESTORATIVE 1 and a fine not exceeding 200,000 pesos. 
 
If the CRIME be committed by means of violence or intimidation, the penalty shall be 
CORRECTIVE 1 and a fine not exceeding 200,000  pesos. 
 
The provisions of this article shall not be applicable to any person who shall enter 
another's dwelling for the purpose of preventing some serious harm to himself OR HERSELF, 
the occupants of the dwelling or a third person, nor shall it be applicable to any person who 
shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to 
anyone who shall enter cafes, RESTAURANTS, HOTELS, and other SIMILAR 
ESTABLISHMENTS, while the same are open. 
 
Art. 304. Other forms of trespass. — The penalty of RESTORATIVE 2 or a fine not exceeding 
40,000 pesos, or both, shall be imposed upon any person who shall enter the closed premises 
or the fenced estate of another, while either of them are uninhabited, if the prohibition to enter 
be manifest and the trespasser has not secured the permission of the owner or the caretaker 
thereof.  
 
Section Three. — Threats and coercion 
 
Art. 305. Grave threats. — Any person who shall threaten another with the infliction upon the 
person, honor or property of the latter or of his OR HER family of any wrong amounting to a 
crime, shall suffer: 
 
1. The penalty next lower in degree than that prescribed by law for the crime be 
threatened to commit, if the offender shall have made the threat demanding money or 
imposing any other condition, even though not unlawful, and said offender shall have attained 
his OR HER purpose. If the offender shall not have attained his OR HER purpose, the penalty 
lower by two degrees shall be imposed. 
 
If the threat be made in writing or through a middleman, the penalty shall be imposed 
in its maximum LEVEL. 
 
2. The penalty of RESTORATIVE 1 and a fine not exceeding 100,000 pesos, if the 
threat shall not have been made subject to a condition. 
 
Art. 306. Bond for good behavior. — In all cases falling within the preceding article, the person 
making the threats may also be required to give bail not to molest the person threatened, or if 
he OR SHE shall fail to give such bail, he OR SHE shall be sentenced to RESTRICTIVE. 
 
Art. 307. Other light threats. — The penalty of RESTORATIVE 2 in its minimum LEVEL or a 
fine not exceeding 40,000 pesos shall be imposed upon: 
 


 
 92
1. Any person who, without being included in the provisions of the next preceding 
article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in 
lawful self-defense. 
 
2. Any person who, in the heat of anger, shall orally threaten another with some harm 
not constituting a crime, and who by subsequent acts show that he OR SHE did not persist in 
the idea involved in his OR HER threat, provided that the circumstances of the offense shall 
not bring it within the provisions of Article ____(282) of this Code. 
 
3. Any person who shall orally threaten to do another any harm not constituting a 
CRIME. 
 
Art. 308.  Coercions. — The penalty of RESTORATIVE 1 and a fine not exceeding 100,000 
pesos shall be imposed upon any person who, without authority of law, shall, by means of 
violence, prevent another from doing something not prohibited by law, or compel him OR HER 
to do something against his OR HER will, whether it be right or wrong. 
 
If the coercion be committed for the purpose of compelling another to perform any 
religious act or to prevent him OR HER from so doing, the penalty next higher in degree shall 
be imposed. 
 
ANY OTHER COERCIONS OR UNJUST VEXATIONS SHALL BE PUNISHED BY 
RESTORATIVE 2 OR A FINE RANGING FROM 1,000 PESOS TO NOT MORE THAN 40,000 
PESOS, OR BOTH. 
 
Unjust vexation is any intentional conduct causing harm that unjustly annoys or irritates 
an innocent person. 
 
Title Ten 
CRIMES AGAINST PROPERTY 
 
Chapter One 
ROBBERY IN GENERAL 
 
Art. 309. Who are guilty of robbery. — Any person who, with intent to gain, shall take any 
personal property belonging to another, by means of violence or intimidation of any person, or 
ENTERING A HOUSE OR BUILDING BY using force upon THINGS OR OTHER INGENIOUS 
WAYS, shall be guilty of robbery.  
 
Section One. — Robbery with violence or intimidation of persons 
 
Art. 310. Robbery with violence against or intimidation of persons; Penalties. — Any person 
guilty of robbery with the use of violence against or intimidation of any person shall suffer: 
 
1. The penalty of PUNITIVE 2 to PUNITIVE 1, when by reason or on occasion of the robbery, 
the crime of homicide shall have been committed; or when the robbery shall have been 
accompanied by intentional mutilation.  
2. The penalty of AFFLICTIVE 1 in its medium LEVEL to PUNITIVE 2 when or if by reason 
or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of 
Article ___ (263) shall have been inflicted.  
3. The penalty of AFFLICTIVE 1, when by reason or on occasion of the robbery, any of the 
physical injuries penalized in subdivision 2 of the article mentioned in the next preceding 
paragraph, shall have been inflicted. 
4. The penalty of AFFLICTIVE 2 in its maximum LEVEL to AFFLICTIVE 1 in its medium 
LEVEL, if the violence or intimidation employed in the commission of the robbery shall 


 
 
93
have been carried to a degree clearly unnecessary for the commission of the crime, 
UNLESS THE VIOLENCE COMMITTED SHALL DESERVE A HIGHER PENALTY 
UNDER THE CODE. 
5. THE PENALTY OF CORRECTIVE 1 IN ITS MAXIMUM LEVEL TO AFFLICTIVE 2 when 
the course of its execution, the offender shall have inflicted upon any person not 
responsible for its commission any of the physical injuries covered by subdivisions 3 and 
4 of said Article ___ (263). 
6. The penalty of CORRECTIVE 1 to AFFLICTIVE 2 in its MINIMUM LEVEL in other 
cases. (As amended by R. A. 18 and R.A. No. 7659, December 13, 1993). 
 
Art. 311. PENALTY INCURRED BY MEMBERS OF A BAND. — IF ROBBERY IS 
COMMITTED BY A BAND, any member of THE band who is present at the commission of 
THE robbery shall be punished as principal of any of the assaults committed by the band, 
unless it be shown that NOTWITHSTANDING THE OPPORTUNITY to prevent the same, HE 
OR SHE FAILED TO DO SO. 
 
Art. 312. Attempted robbery committed under certain circumstances. — When by reason or 
on occasion of an attempted robbery a homicide is committed, the person guilty of such 
offenses shall be punished by AFFLICTIVE 1 in its maximum LEVEL to PUNITIVE 2, unless 
the homicide committed shall deserve a higher penalty under the provisions of this Code. 
 
Art. 313. Execution of deeds by means of violence or intimidation. — Any person who, with 
intent to defraud another, by means of violence or intimidation, shall compel him OR HER to 
sign, execute or deliver any public instrument or documents, shall be held guilty of robbery 
and punished by the penalties respectively prescribed in this Chapter.  
 
Section Two. — Robbery by the use of force upon things OR ENTRANCE INTO A HOUSE 
OR BUILDING USING OTHER INGENIOUS WAYS 
 
Art. 314. Robbery BY THE USE OF FORCE UPON THINGS OR ENTRANCE INTO A HOUSE 
OR BUILDING USING OTHER INGENIOUS WAYS; PENALTIES. — ANY PERSON GUILTY 
OF COMMITTING ROBBERY WITH USE OF FORCE UPON THINGS SHALL SUFFER: 
 
(a) THE PENALTY OF AFFLICTIVE 1, WHEN THE robbery SHALL HAVE BEEN 
COMMITTED in an inhabited house or public building or edifice devoted to religious 
worship, THE OFFENDER IS ARMED the value of the property taken shall exceed 
Fifty thousand pesos (P50,000.00), and if— 
 
1. The OFFENDER entered the house or building in which the robbery was 
committed through an opening not intended for entrance or egress; 
2. THE OFFENDER ENTERED THE HOUSE OR BUILDING IN WHICH THE 
ROBBERY WAS COMMITTED by breaking any wall, roof, floor or outside door or 
window; 
3. THE OFFENDER ENTERED THE HOUSE OR BUILDING IN WHICH THE 
ROBBERY WAS COMMITTED by using false keys, picklocks or other similar 
tools; 
4. THE OFFENDER ENTERED THE HOUSE OR BUILDING IN WHICH THE 
ROBBERY WAS COMMITTED by using any fictitious name or pretending to 
exercise public authority;  
 
5. THE ROBBERY WAS COMMITTED by the breaking of doors, wardrobes, chests 
or any other kind of locked or sealed furniture or receptacle; OR 
6. THE ROBBERY WAS COMMITTED by taking such furniture or objects away to 
be broken or forced open outside the place of the robbery. 
 


 
 
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THE PENALTY OF AFFLICTIVE 2 SHALL BE IMPOSED, when the offenders 
do not carry arms, and the value of the property taken exceeds Fifty thousand pesos 
(P50,000.00); OR when the offenders are armed, but the value of the property taken 
does not exceed Fifty thousand pesos (P50,000.00). 
 
THE PENALTY OF AFFLICTIVE 2 IN ITS MINIMUM LEVEL SHALL BE 
IMPOSED, when said offenders do not carry arms and the value of the property taken 
does not exceed Fifty thousand pesos (P50,000.00). 
 
 
The penalties next lower in degree than those prescribed in this PARAGRAPH 
SHALL BE IMPOSED, IF THE ROBBERY BE COMMITTED IN ONE OF THE 
DEPENDENCIES OF AN INHABITED HOUSE, PUBLIC BUILDING, OR BUILDING 
DEDICATED TO RELIGIOUS WORSHIP. 
 
(b) THE PENALTY OF CORRECTIVE 1 WHEN THE robbery SHALL HAVE BEEN 
committed in an uninhabited HOUSE or in a building other than those mentioned in the 
paragraph (A), if the value of the property taken exceeds Fifty thousand pesos 
(P50,000.00); AND IF—   
 
1. THE OFFENDER ENTERED THE HOUSE OR BUILDING IN WHICH THE 
ROBBERY WAS COMMITTED through an opening not intended for entrance 
or egress; 
2. THE OFFENDER ENTERED THE HOUSE OR BUILDING IN WHICH THE 
ROBBERY WAS COMMITTED BY BREAKING any wall, roof, floor or outside 
door or window; 
3. THE OFFENDER ENTERED THE HOUSE OR BUILDING IN WHICH THE 
ROBBERY WAS COMMITTED BY USING false keys, picklocks or other similar 
tools; 
4. THE ROBBERY WAS COMMITTED BY THE BREAKING OF any door, 
wardrobe, chest, or any sealed or closed furniture or receptacle; OR 
5. THE ROBBERY WAS COMMITTED BY REMOVING any closed or sealed 
receptacle, as mentioned in the preceding paragraph, even if the same be 
broken open elsewhere. 
 
THE PENALTY OF CORRECTIVE 2 SHALL BE IMPOSED when the value of 
the property taken does not exceed 50,000  pesos. 
 
(c) The penalty next lower in degree than that prescribed in PARAGRAPHS (A) AND (B), 
WHEN THE ROBBERY CONSISTS IN THE TAKING OF CEREALS, FRUITS, OR 
FIREWOOD. 
 
(d) THE PENALTY OF CORRECTIVE 1 WHEN THE ROBBERY SHALL HAVE BEEN 
COMMITTED BY THE OFFENDER BREAKING INTO A MOTOR VEHICLE BY 
BREAKING THE WALL, ROOF, FLOOR, DOOR OR WINDOW THEREOF. 
 
THE TERM “FALSE KEYS” SHALL BE DEEMED TO INCLUDE GENUINE KEYS 
STOLEN FROM THE OWNER OR ANY KEYS OTHER THAN THOSE INTENDED BY THE 
OWNER FOR USE IN THE LOCK FORCIBLY OPENED BY THE OFFENDER. 
 
Art. 315. ROBBERY BY THE USE OF FORCE UPON THINGS OR ENTRANCE INTO A 
HOUSE OR BUILDING USING OTHER INGENIOUS WAYS WITH HOMICIDE, 
INTENTIONAL MUTILATION OR SERIOUS PHYSICAL INJURIES. — ANY PERSON 
GUILTY OF ROBBERY BY THE USE OF FORCE UPON THINGS SHALL SUFFER THE 
APPROPRIATE PENALTY LAID DOWN IN ART. ___ (294) WHEN BY REASON OR ON 
OCCASION OF THE ROBBERY, THE CRIME OF HOMICIDE SHALL HAVE BEEN 


 
 
95
COMMITTED; OR WHEN THE ROBBERY SHALL HAVE BEEN ACCOMPANIED BY 
INTENTIONAL MUTILATION OR SERIOUS PHYSICAL INJURIES.  
 
Art. 316. What is an inhabited house, public building or building dedicated to religious worship 
and their dependencies. — Inhabited house means any dwelling of one or more persons, even 
though the inhabitants thereof shall temporarily be absent therefrom when the robbery is 
committed. 
 
 
All inclosed places contiguous to the building or edifice, having an interior entrance 
connected therewith and which form part of the whole, shall be deemed dependencies of an 
inhabited house, public building or building dedicated to religious worship. 
 
 
The term “public building” includes every building owned by the Government or 
belonging to a private person not included used or rented by the Government, although 
temporarily unoccupied by the same. 
 
Art. 317. Possession of picklocks or similar tools. — Any person who shall without lawful 
cause have in his OR HER possession picklocks or similar tools especially adopted to the 
commission of the crime of robbery, shall be punished by RESTORATIVE 1 in its maximum 
LEVEL to CORRECTIVE 2. 
 
The same penalty shall be imposed upon any person who shall make such tools. If the 
offender be a locksmith, he OR SHE shall suffer the penalty of CORRECTIVE 1. 
 
SECTION THREE. — QUALIFIED ROBBERY  
 
Art. 318. QUALIFIED Robbery. —THE CRIME OF ROBBERY SHALL BE PUNISHED BY 
THE MAXIMUM LEVEL OF THE PROPER PENALTIES IF IT shall have been committed ON 
ANY CONVEYANCE FOR TRANSPORTATION OF PERSONS OR PROPERTY, OR BY 
MORE THAN THREE MALEFACTORS, OR ON THE OCCASION OF FIRE, EARTHQUAKE, 
TYPHOON, VOLCANIC ERUPTION, OR ANY OTHER CALAMITY, VEHICULAR ACCIDENT 
OR CIVIL DISTURBANCE, OR IF THE PROPERTY TAKEN IS MAIL MATTER OR A PARCEL 
DELIVERED BY COURIER SERVICE, OR IF the intimidation is made with the use of a 
DEADLY WEAPON. 
 
WHEN ANY OF THE WEAPONS USED IN THE COMMISSION OF THE OFFENSE 
IS A LOOSE FIREARM OR AN EXPLOSIVE, THE PENALTY IMPOSED UPON THE 
MALEFACTOR UNDER THIS CODE SHALL BE WITHOUT PREJUDICE TO ANY CRIMINAL 
LIABILITY FOR ILLEGAL POSSESSION OF SUCH LOOSE FIREARM OR EXPLOSIVE. 
 
SECTION FOUR. — ROBBERY WITH RAPE  
 
Art. 319. SEPARATE LIABILITY FOR ROBBERY AND RAPE. — IN THE EVENT THAT 
ROBBERY IN ANY OF ITS FORMS OR STAGES OF COMMISSION IS ACCOMPANIED BY 
RAPE, THE OFFENDER SHALL SUFFER THE CORRESPONDING PENALTY THEREFOR 
IN ADDITION TO HIS OR HER CRIMINAL LIABILITY FOR RAPE. 
 
Chapter TWO 
THEFT 
 
Art. 320. Who are liable for theft. — Theft is committed by any person who, with intent to gain 
but without violence against or intimidation of persons force upon things OR ENTRANCE INTO 
A HOUSE OR BUILDING USING OTHER INGENIOUS WAYS COVERED BY THE 
PREVIOUS CHAPTER, shall take personal property of another without the latter's consent, 


 
 
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OR BY any person who, having found lost property, shall fail to deliver the same to the local 
authorities or to its owner. 
 
 
PERSONAL PROPERTY SHALL INCLUDE ANY MOVABLE SUSCEPTIBLE OF 
APPROPRIATION, 
WHETHER 
TANGIBLE 
OR 
INTANGIBLE, 
CORPOREAL 
OR 
INCORPOREAL, AND ALL THINGS WHICH CAN BE TRANSPORTED FROM ONE PLACE 
TO ANOTHER WITHOUT IMPAIRMENT OF THE REAL PROPERTY TO WHICH THEY ARE 
FIXED. 
 
Art. 321. Penalties. — Any person guilty of theft shall be punished by: 
1. The penalty of AFFLICTIVE 2, if the value of the thing stolen is more than 1,200,000 
pesos but does not exceed 2,200,000 pesos, but if the value of the thing stolen 
exceeds the latter amount the penalty shall be the maximum LEVEL of the one 
prescribed in this paragraph, and one year for each additional One million pesos (P 
1,000,000), but the total of the penalty which may be imposed shall not exceed twenty 
years. In such cases, and in connection with the accessory penalties which may be 
imposed and for the purpose of the other provisions of this Code, the penalty shall 
be termed AFFLICTIVE 2 or AFFLICTIVE 1, as the case may be.  
2. The penalty of CORRECTIVE 1 in its medium and maximum LEVELs, if the value of 
the thing stolen is more than 600,000 pesos but does not exceed 1,200,000 pesos. 
3. The penalty of CORRECTIVE 2, if the value of the property stolen is more than 
20,000 pesos but does not exceed 600,000 pesos. 
4. RESTORATIVE 1 to CORRECTIVE 2 in its minimum LEVEL, if the value of the 
property stolen is over 5,000 pesos but does not exceed 20,000 pesos. 
5. RESTORATIVE 1 IN ITS MAXIMUM LEVEL, if such value is over 500 pesos but does 
not exceed 5,000 pesos. 
6. RESTORATIVE 1, if such value does not exceed 500 pesos. 
7. RESTORATIVE 2 or a fine not exceeding 20,000 pesos, if the theft is committed 
under the circumstances enumerated in paragraph 3 of the next preceding article and 
the value of the thing stolen does not exceed 500 pesos. If such value exceeds said 
amount, the provision of any of the five preceding subdivisions shall be made 
applicable. 
8. RESTORATIVE 2 in its minimum LEVEL or a fine not exceeding 5,000 pesos, when 
the value of the thing stolen is not over 500 pesos, and the offender shall have acted 
under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the 
support of himself or HERSELF OR his OR HER family. 
 
Art. 322. Qualified theft. — The crime of theft shall be punished by the penalties next higher 
by two degrees than those respectively specified in the next preceding article, if committed 
with grave abuse of confidence, or if the property stolen is mail matter or PARCELS 
DELIVERED THROUGH COURIER SERVICE, or if property is taken on the occasion of fire, 
earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil 
disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).  
 
THIS PROVISION SHALL NOT APPLY IF THE PENALTY FOR QUALIFIED THEFT SHALL 
EXCEED THE MAXIMUM PENALTY FOR THEFT UNDER THE PREVIOUS PROVISION. 
 
Art. 323. Theft of the property of the National Library and National Museum. — If the property 
stolen be any property of the National Library or the National Museum OR ANY OTHER 
INSTITUTION WHICH HOUSES OBJECTS OF HISTORICAL VALUE, the penalty shall be 
RESTORATIVE 1 or a fine ranging from 40,000 to 100,000 pesos, or both, unless a higher 
penalty should be provided under other provisions of this Code, in which case, the offender 
shall be punished by such higher penalty.  
 
Chapter THREE (NEW) 


 
 
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OTHER RELATED CRIMES  
 
Art. 324. Cattle Rustling; Penalties. — Any person who shall take away by any means, method 
or scheme, without the consent of the owner or raiser, of any large cattle, whether or not for 
profit or gain, or whether committed with or without violence against or intimidation of any 
person or force upon things or kill any large cattle, or take its meat or hide shall, irrespective 
of the value of the large cattle involved, shall be punished: 
 
(a) by Afflictive 2 in its maximum LEVEL to Afflictive 1 in its medium LEVEL if the 
offense is committed without violence against or intimidation of persons or force 
upon things; 
(b) by Afflictive 1 in its maximum LEVEL to Punitive 2 if the offense is committed 
with violence against or intimidation of persons or force upon things; and 
(c) by Punitive 2 to Punitive 1 if as a result or on the occasion of the commission 
of cattle rustling, a person is seriously injured or killed. 
 
 
Large cattle as herein used shall include the cow, carabao, horse, or other 
domesticated member of the bovine family. 
 
Art. 325. Carnapping; Penalties. — Any person who takes, with intent to gain, a motor vehicle 
belonging to another without the latter’s consent, or by means of violence against or 
intimidation of persons, or by using force upon things shall, regardless of the value of the 
motor vehicle taken, be punished: 
 
(a) by Afflictive 1 in its maximum LEVEL, when the carnapping is committed 
without violence against or intimidation of persons, or force upon things;  
(b) by Punitive 2, when the carnapping is committed by means of violence against 
or intimidation of persons, or force upon things; and  
(c) by Punitive 1 when, by reason or on occasion of the carnapping, the crime of  
homicide shall have been committed, or when the carnapping shall have been 
accompanied by intentional mutilation. 
 
 
 
IN THE EVENT THAT CARNAPPING IN ANY OF ITS FORMS OR STAGES OF 
COMMISSION IS ACCOMPANIED BY RAPE, THE OFFENDER SHALL SUFFER THE 
CORRESPONDING PENALTY THEREFOR IN ADDITION TO HIS OR HER CRIMINAL 
LIABILITY FOR RAPE. 
 
 
Motor vehicle as herein used refers to any vehicle propelled by any power other than 
muscular power using the public highways, except road rollers, trolley cars, street sweepers, 
sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not 
used on public highways; vehicles which run only on rails or tracks; tractors, trailers and 
traction engines of all kinds used exclusively for agricultural purposes; AND trailers having 
any number of wheels, when propelled or intended to be propelled by attachment to a motor 
vehicle.  
 
Art. 326.  Theft of Electric Power Transmission Lines and Materials. — The penalty of 
AFFLICTIVE 1 or a fine ranging from OVER ONE MILLION TWO HUNDRED THOUSAND 
PESOS BUT NOT MORE THAN FIVE MILLION PESOS, or both at the discretion of the court, 
shall be imposed on any person found guilty of any of the following acts: 
 
 
(a) CUTTING, SMELTING, REMOVING OR TRANSFERRING any electric power 
transmission line, material or meter from a tower, pole, or site where it may be rightfully or 
lawfully stored or located, without the consent of the owner OR WITHOUT LAWFUL 
AUTHORITY, AS THE CASE MAY BE, whether or not the act is done for profit or gain. 
 


 
 
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For purposes of this PROVISION, "electrical power transmission line OR material" 
refers to electric power transmission steel towers, woodpoles, cables, wires, insulators, line 
hardware, electrical conductors and other related items with a minimum voltage of sixty-nine 
kilovolts (69 kv).  
 
 
If the violation OF THIS OR THE IMMEDIATELY SUCCEEDING PROVISION is 
committed by a partnership, firm, corporation, association or any other legal entity, including 
a government-owned or -controlled corporation, the penalty shall be imposed on the president, 
manager and each of the officers thereof who shall have knowingly permitted or was otherwise 
responsible for the commission of the offense.  
 
Art. 327. ILLEGAL CONNECTION AND PILFERAGE OF OTHER UTILITIES. — THE 
PENALTY OF CORRECTIVE 2 OR A FINE RANGING FROM  FORTY THOUSAND PESOS 
TO ONE MILLION TWO HUNDRED THOUSAND PESOS, OR BOTH, SHALL BE IMPOSED 
ON ANY PERSON FOUND GUILTY OF: 
 
 
(A) INSTALLING any water, TELECOMMUNICATION or piped gas connection without 
previous authority from the APPROPRIATE GOVERNMENT AGENCY OR PRIVATE ENTITY 
AUTHORIZED BY LAW TO PROVIDE SUCH SERVICE; OR 
 
(B) TAMPERING, USING, STEALING OR PILFERING TELECOMMUNICATION 
CONNECTION or gas meters, jumpers or other devices; 
 
(C) 
STEALING 
OR 
PILFERING 
OR 
DIVERTING 
water, 
GAS 
OR 
TELECOMMUNICATION SERVICES. 
 
Art. 328. Fencing.  — Any person who, with intent to gain, for himself or HERSELF OR for 
another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy 
and sell, or in any other manner deal in any article, item, object or anything of value which he 
OR SHE knows, or should be known to him OR HER, to have been derived from the proceeds 
of the crime of robbery or theft OR CRIMES SIMILAR TO ROBBERY OR THEFT, shall be 
punished BY THE PENALTY ONE DEGREE LOWER THAN THAT IMPOSED UPON THE 
PRINCIPAL FOR THE CRIME OF ROBBERY OR THEFT OR OTHER RELATED CRIMES.  
 
Chapter Four 
USURPATION 
 
Art. 329. Occupation of real property or usurpation of real rights in property. — Any person 
who, by means of violence against or intimidation of persons, shall take possession of any 
real property or shall usurp any real rights in property belonging to another, in addition to the 
penalty incurred for the acts of violence executed by him OR HER, shall be punished by a fine 
from 50 to 100 per centum of the gain which he OR SHE shall have obtained, but not less 
than 15,000 pesos. 
 
If the value of the gain cannot be ascertained, a fine of from 40,000 to 100,000 pesos 
shall be imposed. 
 
Art. 330. Altering boundaries, landmarks OR ROAD OR REGULATORY TRAFFIC SIGNS. — 
Any person who shall alter the boundary marks or monuments of OR ROAD OR 
REGULATORY TRAFFIC SIGNS OR ANY OTHER MARKS OR MONUMENTS INSTALLED 
BY THE GOVERNMENT IN MUNICIPALITIES, CITIES, provinces, or estates, or any other 
marks intended to designate the boundaries of the same, shall be punished by 
RESTORATIVE 2 or a fine not exceeding 20,000 pesos, or both. 
 
Chapter Five 
CULPABLE INSOLVENCY 


 
 
99
 
Art. 331. Fraudulent insolvency. — Any person who shall abscond with his OR HER property 
to the prejudice of his OR HER creditors, shall suffer the penalty of AFFLICTIVE 2, if he OR 
SHE be a merchant and the penalty of CORRECTIVE 1 to AFFLICTIVE 2 in its medium 
LEVEL, if he OR SHE be not a merchant. 
 
Chapter Six 
SWINDLING AND OTHER DECEITS 
 
Art. 332. Swindling (estafa). — Any person who shall defraud another by any of the means 
mentioned herein below shall be punished by: 
 
1st. The penalty of CORRECTIVE 1 to AFFLICTIVE 2 in its minimum LEVEL, if the 
amount of the fraud is over 2,400,000 pesos but does not exceed 4,400,000 pesos, and if 
such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed 
in its maximum LEVEL, adding one year for each additional 2,000,000 pesos; but the total 
penalty which may be imposed shall not exceed twenty years. In such cases, and in 
connection with the accessory penalties which may be imposed under the provisions of this 
Code, the penalty shall be termed AFFLICTIVE 2 or AFFLICTIVE 1, as the case may be. 
 
2nd. The penalty of CORRECTIVE 1, if the amount of the fraud is over 1,200,000 
pesos but does not exceed 2,400,000 pesos; 
 
3rd. The penalty of RESTORATIVE 1 in its maximum LEVEL to CORRECTIVE 2 if 
such amount is over 40,000 pesos but does not exceed 1,200,000 pesos; and 
 
4th. By RESTORATIVE 1 in its maximum LEVEL, if such amount does not exceed 
40,000 pesos, provided that in the four cases mentioned, the fraud be committed by any of 
the following means: 
 
1. With abuse of confidence, namely:  
 
  
(a) By altering the substance, quantity, or quality or anything of value which the offender 
shall deliver by virtue of an obligation to do so, even though such obligation be based 
on an immoral or illegal consideration. 
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any 
other personal property received by the offender in trust or on commission, or for 
administration, or under any other obligation involving the duty to make delivery of or 
to return the same, even though such obligation be totally or partially guaranteed by 
a bond; or by denying having received such money, goods, or other property.  
 
IN CASE THIS ACT HAS BEEN COMMITTED BY A CORPORATION, 
PARTNERSHIP, ASSOCIATION OR OTHER JURIDICAL ENTITY THROUGH THE 
FAILURE OF AN ENTRUSTEE TO TURN OVER THE PROCEEDS OF THE SALE 
OF THE GOODS, DOCUMENTS OR INSTRUMENTS COVERED BY A TRUST 
RECEIPT TO THE EXTENT OF THE AMOUNT OWING TO THE ENTRUSTER OR 
AS APPEARS IN THE TRUST RECEIPT, OR TO RETURN SAID GOODS, 
DOCUMENTS OR INSTRUMENTS IF THEY WERE NOT SOLD OR DISPOSED OF 
IN ACCORDANCE WITH THE TERMS OF THE TRUST RECEIPT THE PENALTY 
SHALL BE IMPOSED UPON THE DIRECTORS, OFFICERS, EMPLOYEES OR 
OTHER OFFICIALS OR PERSONS THEREIN RESPONSIBLE FOR THE 
OFFENSE.  
 


 
 
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(c) By taking undue advantage of the signature of the offended party in blank, and by 
writing any document above such signature in blank, to the prejudice of the offended 
party or of any third person. 
 
2. By means of any of the following false pretenses or fraudulent acts executed prior 
to or simultaneously with the commission of the fraud:  
 
  
(a) By using fictitious name, or falsely pretending to possess power, influence, 
qualifications, property, credit, agency, business or imaginary transactions, or by 
means of other similar deceits. 
(b) By altering the quality, fineness or weight of anything pertaining to his OR HER art or 
business. 
(c) By pretending to have bribed any Government employee. In this case, the offender 
shall be punished by the maximum LEVEL of the penalty. 
 
3. Through any of the following fraudulent means:   
  
(a) By inducing another, by means of deceit, to sign any document. 
(b) By resorting to some fraudulent practice to insure success in a gambling game. 
(c) By removing, concealing or destroying, in whole or in part, any court record, office 
files, document or any other papers. 
 
 
4. ANY PERSON WHO SHALL DEFRAUD ANOTHER By post-dating a check, or 
issuing a check in payment of an obligation when the offender therein were not sufficient to 
cover the amount of the check shall be punished by:  
 
1st. The penalty of AFFLICTIVE 1, if the amount of fraud is over Four million four 
hundred thousand pesos (P4,400,000) but does not exceed Eight million eight hundred 
thousand pesos (P8,800,000). If the amount exceeds the latter, the penalty shall be PUNITIVE 
2.  
 
2nd. The penalty of AFFLICTIVE 2, if the amount of the fraud is over Two million four 
hundred thousand pesos (P2,400,000) but does not exceed Four million four hundred 
thousand pesos (P4,400,000).  
 
3rd. The penalty of AFFLICTIVE 2, if the amount of the fraud is over One million two 
hundred thousand pesos (Pl,200,000) but does not exceed Two million four hundred thousand 
pesos (P2,400,000).  
 
4th. The penalty of AFFLICTIVE 2, if such amount is over Forty thousand pesos 
(P40,000) but does not exceed One million two hundred thousand pesos (P 1,200,000).  
 
5th. By AFFLICTIVE 2, if such amount does not exceed Forty thousand pesos 
(P40,000). (as amended by R.A. No. 10951) 
 
The failure of the drawer of the check to deposit the amount necessary to cover his 
OR HER check within three (3) days from receipt of notice from the bank and/or the payee or 
holder that said check has been dishonored for lack of insufficiency of funds shall be prima 
facie evidence of deceit constituting false pretense or fraudulent act.  
 
Art. 333. Other forms of swindling. — The penalty of RESTORATIVE 1 in its minimum and 
medium LEVELS and a fine of not less than the value of the damage caused and not more 
than three times such value, shall be imposed upon: 
 


 
 
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1. 
Any person who, pretending to be owner of any real property, shall convey, sell, 
encumber or mortgage the same. 
2. 
Any person, who, knowing that real property is encumbered, shall dispose of the 
same, although such encumbrance be not recorded. 
3. 
The owner of any personal property who shall wrongfully take it from its lawful 
possessor, to the prejudice of the latter or any third person. 
4. 
Any person who, to the prejudice of another, shall execute any fictitious contract. 
5. 
Any person who shall accept any compensation given him OR HER AS payment 
FOR services or labor HE OR SHE FRAUDULENTLY CLAIMED TO HAVE 
RENDERED OR performed. 
6. 
Any person who, while being a surety in a bond given in a criminal or civil action, 
without express authority from the court or before the cancellation of his OR HER 
bond or before being relieved from the obligation contracted by him OR HER, shall 
sell, mortgage, or, in any other manner, encumber the real property or properties 
with which he OR SHE guaranteed the fulfillment of such obligation. 
 
Art. 334. LARGE-SCALE estafa (swindling). — Any person or persons who shall commit 
estafa or other forms of swindling under either of the next two preceding articles AGAINST 
THREE (3) OR MORE PERSONS INDIVIDUALLY OR AS A GROUP shall be punished by 
THE PENALTY PROVIDED THEREIN TO BE IMPOSED IN ITS MAXIMUM LEVEL.  
 
IF ESTAFA OR OTHER FORMS OF SWINDLING UNDER EITHER OF THE NEXT TWO 
PRECEDING ARTICLES IS Committed by a syndicate of five or more persons formed with 
the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, the 
CORRESPONDING penalty shall be ONE DEGREE HIGHER THAN THAT PRESCRIBED 
THEREIN. (P.D. No. 1689, sec. 1) 
 
IF THE defraudation IN PARAGRAPH 1 OR 2 HEREOF results in the misappropriation of 
money contributed by stockholders, or members of rural banks, cooperativeS, VILLAGE 
ASSOCIATIONS, or farmers association, or of funds solicited by corporations or associations 
from the general public, THE PENALTY SHALL BE ONE DEGREE HIGHER THAN THAT 
PRESCRIBED THEREIN TO BE IMPOSED IN ITS MAXIMUM LEVEL. 
 
Art. 335. Other deceits. — The penalty of RESTORATIVE 1 and a fine of not less than the 
amount of the damage caused and not more than twice such amount shall be imposed upon 
any person who shall defraud or damage another by any other deceit not mentioned in the 
preceding articles of this chapter. 
 
Chapter Seven 
CHATTEL MORTGAGE 
 
Art. 336. Removal, sale or pledge of mortgaged property. — The penalty or RESTORATIVE 
1 or a fine amounting to twice the value of the property shall be imposed upon: 
 
1. Any person who shall knowingly remove any personal property mortgaged 
under the Chattel Mortgage Law to any province or city other than the one in 
which it was located at the time of the execution of the mortgage, without the 
written consent of the mortgagee, or his OR HER executors, administrators or 
assigns. 
2. Any mortgagor who shall sell or pledge personal property already pledged, or 
any part thereof, under the terms of the Chattel Mortgage Law, without the 
consent of the mortgagee written on the back of the mortgage and noted on 
the record hereof in the office of the Register of Deeds of the province where 
such property is located. 
 


 
 
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Chapter Eight 
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS 
 
Art. 337. Destructive Arson. — The penalty of PUNITIVE 2 to PUNITIVE 1 shall be imposed 
upon any person who shall burn: 
 
1. One (1) or more buildings or edifices, consequent to one single act of burning, or 
as result of simultaneous burnings, or committed on several or different occasions; 
2. Any building of public or private ownership, devoted to the use of the public in 
general, or where people usually gather or congregated for a definite purpose such 
as but not limited to official governmental function or business, private transaction, 
commerce, trade, worship, meetings and conferences, or merely incidental to a 
definite purpose such as but not limited to hotels, motels, transient dwellings, 
public conveyance or stops or terminals, regardless of whether the offender had 
knowledge that there are persons in said building or edifice at the time it is set on 
fire, and regardless also of whether the building is actually inhabited or not. 
3. Any building, factory, warehouse installation and any appurtenances thereto, 
which are devoted to the service of public utilities. 
4. Any building, the burning of which is for the purpose of concealing or destroying 
evidence of another violation of law, or for the purpose of concealing bankruptcy 
or defrauding creditors or to collect from insurance. 
5. Any arsenal, shipyard, storehouse or military powder or fireworks factory, 
ordinance storehouse, archives or general museum of the government.  
6. In an inhabited place, any storehouse or factory of inflammable or explosive 
materials. 
 
Art. 338. Other Cases of DESTRUCTIVE Arson. — The penalty of AFFLICTIVE 1 to 
PUNITIVE 2 shall be imposed if the property burned is any of the following: 
 
1. Any building used as offices of the government or any of its agencies; 
2. Any inhabited house or dwelling; 
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; 
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo 
grove or forest; 
5. Any rice mill, sugar mill, cane mill or mill central;  
6. Any railway or bus station, airport, wharf or warehouse; AND 
7. ANY TRAIN OR LOCOMOTIVE, SHIP OR VESSEL, AIRCRAFT OR AIRPLANE, 
OR OTHER VEHICLES DEVOTED TO PUBLIC TRANSPORTATION OR 
CONVENIENCE, OR PUBLIC USE, ENTERTAINMENT OR LEISURE. 
 
ART. 339. SPECIAL CASE OF ARSON. — THE PENALTY OF AFFLICTIVE 2 SHALL BE 
IMPOSED WHEN A PERSON SETS FIRE TO HIS OR HER OWN REAL PROPERTY UNDER 
CIRCUMSTANCES WHICH EXPOSE TO DANGER THE LIFE OR PROPERTY OF 
ANOTHER. 
 
Art. 340. Simple Arson. — THE PENALTY OF AFFLICTIVE 2 SHALL BE IMPOSED IF ANY 
OTHER REAL PROPERTY NOT MENTIONED IN THE PRECEDING ARTICLES OF THIS 
CHAPTER IS BURNED. 
 
ART. 341. ARSON RESULTING IN DEATH. — If as a consequence of the commission of any 
of the acts penalized under this CHAPTER, death results, the mandatory penalty of PUNITIVE 
2 shall be imposed. (As amended by P.D. No. 1744 and R.A. No. 7659, December 13, 1993) 
 
Art. 342. Special Aggravating Circumstances in Arson. — The penalty in any case of arson 
shall be imposed in its maximum LEVEL; 


 
 
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1. If committed with intent to gain; 
2. If committed for the benefit of another; OR 
3. IF committed by two (2) or more persons or by a group of persons. 
 
Art. 343. Conspiracy to commit Arson. — Conspiracy to commit arson shall be punished by 
AFFLICTIVE 2 in its minimum LEVEL. 
 
Art. 344. Crimes involving destruction. — Any person who shall cause destruction by means 
of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, 
intentional damaging of the engine of said vessel, and, in general, by using any other agency 
or means of destruction as effective as those above enumerated, shall be punished by 
AFFLICTIVE 1 if the commission has endangered the safety of any person, otherwise, the 
penalty of AFFLICTIVE 2 shall be imposed. 
 
IF PHYSICAL INJURIES OR DEATH RESULTS DURING OR ON THE OCCASION OF THE 
COMMISSION THEREOF, THE PENALTY OF PUNITIVE 2 SHALL BE IMPOSED. 
 
Chapter Nine 
MALICIOUS MISCHIEF 
 
Art. 345. Who are liable for malicious mischief. — Any person who shall deliberately cause 
the property of another any damage not falling within the terms of the next preceding chapter 
shall be guilty of malicious mischief. 
 
Art. 346. Special cases of malicious mischief. — Any person who shall cause damage to 
obstruct the performance of public functions, or using any poisonous or corrosive substance; 
or spreading any infection or contagion among cattle, SWINE, POULTRY OR OTHER FARM 
AND DOMESTICATED ANIMALS; or who cause damage to the property of the National 
Museum or National Library, or to any archive or registry, waterworks, road, promenade, or 
any other thing used in common by the public, shall be punished: 
 
1. 
By CORRECTIVE 1, if the value of the damage caused exceeds 200,000 pesos; 
2. 
By RESTORATIVE 1, if such value does not exceed the abovementioned amount but 
it is over 40,000 pesos; and 
3. 
By RESTORATIVE 2, in such value does not exceed 40,000  pesos. 
 
Art. 347. Other mischiefs. — The mischiefs not included in the next preceding article shall be 
punished: 
 
1. By RESTORATIVE 1 in its medium and maximum LEVELs, if the value of the damage 
caused exceeds 200,000 pesos; 
2. By RESTORATIVE 1 in its minimum and medium LEVELs, if such value is over 40,000 
pesos but does not exceed 200,000 pesos; and  
3. By RESTORATIVE 2 or fine of not less than the value of the damage caused and not 
more than 40,000  pesos, if the amount involved does not exceed 40,000  pesos or 
cannot be estimated. 
 
Art. 348. Damage and obstruction to means of communication OR TRANSPORTATION. — 
The penalty of CORRECTIVE 1 shall be imposed upon any person who shall damage any 
railway SYSTEM, TAKE UP THE RAILS FROM A RAILWAY TRACK, OR MALICIOUSLY 
CHANGE RAILWAY SIGNALS FOR THE SAFETY OF MOVING TRAINS. 
 
 
THE SAME PENALTY SHALL BE IMPOSED UPON ANY PERSON WHO SHALL 
DESTROY telephone lines OR ANY OTHER COMMUNICATION FACILITY. 


 
 
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If the damage shall result in any derailment of cars, collision or other accident, the 
penalty of AFFLICTIVE 2 shall be imposed, without prejudice to the criminal liability of the 
offender for the other consequences of his OR HER criminal act. 
 
For the purpose of the provisions of the article, the electric wires, traction cables, signal 
system and other things pertaining to railways, shall be deemed to constitute an integral part 
of a railway system. 
 
 
Art. 349. Destroying or damaging CULTURAL PROPERTY, public monuments or 
paintings. — ANY PERSON WHO SHALL DESTROY OR DAMAGE ANY WORLD 
HERITAGE SITE, NATIONAL CULTURAL TREASURE OR IMPORTANT CULTURAL 
PROPERTY OR ARCHAEOLOGICAL OR ANTHROPOLOGICAL SITE, INCLUDING 
NATIONAL SHRINES, MONUMENTS, LANDMARKS AND OTHER HISTORIC EDIFICES 
AND STRUCTURES DECLARED, CLASSIFIED, AND MARKED AS SUCH, OR MODIFY 
SUCH NATIONAL CULTURAL TREASURE OR HISTORIC EDIFICE WITHOUT THE PRIOR 
WRITTEN PERMISSION FROM THE NATIONAL COMMISSION FOR CULTURE AND THE 
ARTS, SHALL SUFFER THE PENALTY OF AFFLICTIVE 2 OR A FINE OVER ONE MILLION 
TWO HUNDRED THOUSAND PESOS (P1,200,000.00) BUT NOT EXCEEDING FIVE 
MILLION PESOS (P5,000,000), OR BOTH UPON THE DISCRETION OF THE COURT. IF 
THE ACT IS COMMITTED BY A JURIDICAL PERSON, THE PRESIDENT, MANAGER, 
REPRESENTATIVE, DIRECTOR, AGENT OR EMPLOYEE OF THE SAID JURIDICAL 
PERSON RESPONSIBLE FOR THE ACT SHALL BE LIABLE FOR THE PENALTIES 
PROVIDED HEREIN. 
 
 
Any person who shall destroy or damage OTHER PUBLIC statues or any other useful 
or ornamental public monument shall suffer the penalty of RESTORATIVE 1 in its medium 
LEVEL to CORRECTIVE 2. 
 
Any person who shall destroy or damage any useful or ornamental painting of a public 
nature shall suffer the penalty of RESTORATIVE 2 or a fine not exceeding 40,000 pesos, or 
both such fine and imprisonment, in the discretion of the court.  
 
Chapter Ten 
EXEMPTION FROM CRIMINAL LIABILITY 
IN CRIMES AGAINST PROPERTY 
 
Art. 350. Persons exempt from criminal liability. — No criminal, but only civil liability, shall 
result from the commission of the crime of theft, swindling or malicious mischief committed or 
caused mutually by the following persons: 
 
1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 
2. The widowed spouse with respect to the property which belonged to the deceased 
spouse before the same shall have passed into the possession of another; and 
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. 
 
The exemption established by this article shall not be applicable to strangers 
participating in the commission of the crime.  
 
Title Eleven 
CRIMES RELATED TO SEXUAL VIOLENCE AND INFIDELITY 
 
Chapter One 
MARITAL SEXUAL INFIDELITY 
 


 
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ART. 351. MARITAL SEXUAL INFIDELITY. — Any married PERSON who shall have sexual 
intercourse with ANOTHER, REGARDLESS OF SEX, not HIS OR her SPOUSE, and the 
PERSON WITH WHOM HE OR SHE has SEXUAL INTERCOURSE knowing HIM OR her to 
be married, SHALL BE GUILTY OF MARITAL SEXUAL INFIDELITY AND SHALL BE 
PUNISHED BY CORRECTIVE 1, even if the marriage be subsequently declared void. 
 
THE COMPLAINT OF THE OFFENDED SPOUSE IS NECESSARY FOR THE FILING OF A 
CASE. 
 
THE OFFENDED PARTY CANNOT INSTITUTE CRIMINAL PROSECUTION WITHOUT 
INCLUDING BOTH THE GUILTY PARTIES, IF THEY ARE BOTH ALIVE, NOR, IN ANY 
CASE, IF HE OR SHE SHALL HAVE CONSENTED OR PARDONED THE OFFENDERS. 
 
Chapter Two 
RAPE AND ACTS OF LASCIVIOUSNESS 
 
Article 352. Rape; When And How Committed. — Rape is committed by any person who shall 
have carnal knowledge of another person under any of the following circumstances: 
 
a) Through force, threat, or intimidation;  
b) When the offended party is deprived of reason or otherwise unconscious;  
c) By means of fraudulent machination or grave abuse of authority; and  
d) When the offended party is under sixteen (16) years of age or is demented, even 
though none of the circumstances mentioned above be present: Provided, That there 
shall be no criminal liability on the part of a person having carnal knowledge of another 
person under sixteen (16) years of age when the age difference between the parties 
is not more than three (3) years, and the sexual act in question is proven to be 
consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is 
under thirteen (13) years of age, this exception shall not apply.  
 
As used in this CODE, non-abusive shall mean the absence of undue influence, intimidation, 
fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or 
maltreatment, either with intention or through neglect, during the conduct of sexual activities 
with the child victim. On the other hand, non-exploitative shall mean there is no actual or 
attempted act or acts of unfairly taking advantage of the child's position of vulnerability, 
differential power, or trust during the conduct of sexual activities. (as amended by R.A. No. 
11648) 
 
RAPE SHALL ALSO BE COMMITTED by any person who, under any of the circumstances 
mentioned in THE FIRST paragraph, shall insert his penis into another person's mouth or anal 
orifice, or any instrument or object, into the genital or anal orifice of another person.  
 
Article 353. Penalties. — Rape shall be punished by PUNITIVE 2. 
 
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, 
the penalty shall be PUNITIVE 2 to PUNITIVE 1.  
 
When by reason or on the occasion of the rape, the victim has become insane, the penalty 
shall be PUNITIVE 2 to PUNITIVE 1.  
 
When the rape  is attempted and a homicide is committed by reason or on the occasion 
thereof, the penalty shall be PUNITIVE 2 to PUNITIVE 1. 
 
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be 
PUNITIVE 1.  


 
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PUNITIVE 1 shall also be imposed if the crime of rape is committed with any of the following 
qualifying circumstances: 
 
1) When the victim is under eighteen (18) years of age and the offender is a parent, 
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third 
civil degree, or the common- law spouse of the parent of the victim;  
2) When the victim is under the custody of the police or military authorities or any law 
enforcement or penal institution; 
3) 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; 
4) 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; 
5) When the victim is a child below seven (7) years old; 
6) When the offender knows that he OR SHE is afflicted with Human Immune-Deficiency 
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually 
transmissible disease; 
7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement agency 
or penal institution, when the offender took advantage of his OR HER position to 
facilitate the commission of the crime; 
8) When by reason or on the occasion of the rape, the victim has suffered OR IS LIKELY 
TO SUFFER physical mutilation or disability; 
9) When the offender knew of the pregnancy of the offended party at the time of the 
commission of the crime; and 
10) When the offender knew of the mental disability, emotional disorder and/or physical 
handicap of the offended party at the time of the commission of the crime. 
 
Art. 354. Effect of Pardon. — The subsequent valid marriage between the offender and the 
offended party shall extinguish the criminal action or the penalty imposed. 
 
In case it is the legal SPOUSE who is the offender, the subsequent forgiveness by the 
OFFENDED SPOUSE as the offended party shall extinguish the criminal action or the penalty: 
Provided, That the crime shall not be extinguished or the penalty shall not be abated if the 
marriage is void ab initio. 
 
Art. 355. Presumptions. — Any physical overt act manifesting resistance against the act of 
rape in any degree from the offended party, or where the offended party is so situated as to 
render HIM OR HER incapable of giving valid consent, may be accepted as evidence in the 
prosecution of the acts punished under Article 266-A. 
 
Art. 356. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness 
upon other persons of either sex, under any of the circumstances mentioned in RAPE, shall 
be punished by CORRECTIVE 1.  
 
IF THE VICTIM IS A CHILD WHO IS SIXTEEN (16) YEARS OF AGE OR BELOW, 
THE PENALTY SHALL BE PUNITIVE 2. IN CASE THE VICTIM IS A CHILD ABOVE SIXTEEN 
(16) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE, THE PENALTY SHALL 
BE AFFLICTIVE 1; PROVIDED, THAT THE EXEMPTION FROM CRIMINAL LIABILITY 
UNDER ART. ____ (266-A) PARAGRAPH 2-D SHALL ALSO APPLY TO THIS PROVISION. 
 
IN CASE THE VICTIM IS A CHILD ABOVE 16 YEARS OF AGE BUT BELOW 18 
YEARS OF AGE AND EXPLOITED IN PROSTITUTION OR OTHER SEXUAL ABUSE, THE 
PENALTY SHALL BE AFFLICTIVE 1 TO PUNITIVE 2. 


 
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Chapter Three 
SEDUCTION AND EXPLOITATION OF PERSONS IN PROSTITUTION 
 
Art. 357. Qualified seduction. — The seduction of a minor, sixteen and over but under 
eighteen years of age, committed by any person in public authority, priest OR RELIGIOUS 
LEADER, home-servant, domestic, guardian, teacher, or any person who, in any capacity, 
shall be entrusted with the education or custody of the minor seduced, shall be punished by 
CORRECTIVE 2. 
 
The penalty next higher in degree shall be imposed upon any person who shall seduce 
his sister or descendant, whether or not she IS over eighteen years of age. 
 
Under the provisions of this Chapter, seduction is committed when the offender has 
carnal knowledge of any of the persons and under the circumstances described herein. 
 
Art. 358. Simple seduction. — The seduction of a minor, sixteen and over but under eighteen 
years of age, committed by means of deceit, shall be punished by RESTORATIVE 1. (As 
amended by R.A. No. 11648) 
 
Art. 359. CONSENTED Acts of lasciviousness. — The penalty of RESTORATIVE 1 shall be 
imposed to punish any other acts of lasciviousness committed by the same persons and the 
same circumstances as those provided in Articles ____ (337) and ____ (338).  
 
ART. 360. EXPLOITATION OF PERSONS IN PROSTITUTION. — Children, whether male or 
female, who for money, profit, or any other consideration or due to the coercion or influence 
of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are 
deemed to be children exploited in prostitution and other sexual abuse. 
 
The penalty of AFFLICTIVE 1 to PUNITIVE 2 shall be imposed upon  
1) Those who commit the act of sexual intercourse with a child OVER 16 YEARS OF 
AGE BUT BELOW 18 YEARS OF AGE AND exploited in prostitution or subjected to 
other sexual abuse. 
2) Those who derive profit or advantage therefrom, whether as manager or owner of the 
establishment where the prostitution takes place, or of the sauna, SPA, disco, bar, 
resort, place of entertainment or establishment serving as a cover or which engages 
in prostitution in addition to the activity for which the license has been issued to said 
establishment. 
3) Those who engage in or promote, facilitate or induce child prostitution which include, 
but are not limited to, the following: 
1) Acting as a procurer of a child prostitute; 
2) Inducing a person to be a client of a child prostitute by means of written or 
oral advertisements or other similar means; 
3) Taking advantage of influence or relationship to procure a child as prostitute; 
4) Threatening or using violence towards a child to engage him OR HER as a 
prostitute; or 
5) Giving monetary consideration, goods or other pecuniary benefit to a child 
with intent to engage such child in prostitution. 
 
THE PENALTY ONE DEGREE LOWER SHALL BE IMPOSED WHERE THE VICTIM IS NOT 
A CHILD. 
 
Art. 361.  Attempt to EXPLOIT A Child IN Prostitution. — IN ADDITION TO ARTICLE _____(6) 
OF BOOK ONE OF THIS CODE, There is an attempt to EXPLOIT A CHILD IN prostitution 
under THE IMMEDIATELY PRECEDING ARTICLE when any person who, not being a relative 


 
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of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, 
motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other 
hidden or secluded area under circumstances which would lead a reasonable person to 
believe that the child is about to be exploited in prostitution and other sexual abuse. 
There is also an attempt to EXPLOIT A child IN prostitution, under paragraph (1) of 
THE IMMEDIATELY PRECEDING ARTICLE when any person is receiving services from a 
child in a sauna parlor or bath, massage clinic, health club and other similar establishments. 
A penalty lower by two (2) degrees than that prescribed for the consummated felony under 
THE IMMEDIATELY PRECEDING ARTICLE shall be imposed upon the principals of the 
attempt to EXPLOIT A child IN prostitution. 
 
Chapter Four 
ABDUCTION 
 
Art. 362. Forcible abduction. — The TAKING of any PERSON, WITHOUT INTENT TO 
DETAIN, against THE LATTER’S will and with lewd designs shall be punished by AFFLICTIVE 
1. 
 
The same penalty shall be imposed in every case, if the PERSON abducted be under twelve 
years of age. 
 
Art. 363. Consented abduction. — The abduction of a MINOR over SIXTEEN years and under 
eighteen years of age, carried out with HIS OR her consent and with lewd designs, shall be 
punished by the penalty of CORRECTIVE 1.  
 
Chapter Five 
PROVISIONS RELATIVE TO THE PRECEDING 
CHAPTERS OF TITLE ELEVEN 
 
Art. 364. EFFECT OF MARRIAGE OF THE OFFENDER AND OFFENDED PARTY TO the 
crimes of seduction, abduction, and acts of lasciviousness. — In cases of seduction, 
abduction, OR acts of lasciviousness, the SUBSEQUENT VALID marriage of the offender with 
the offended party shall extinguish the criminal action or remit the penalty already imposed 
upon him OR HER.  
 
Art. 365. Liability of ascendants, guardians, teachers, or other persons entrusted with the 
custody of the offended party. — The ascendants, guardians, curators, teachers and any 
person WITH AUTHORITY OR CONFIDENTIAL RELATIONSHIP who, by abuse of SUCH 
authority or confidential relationships, shall cooperate as accomplices in the perpetration of 
the crimes embraced in chapters second, third and fourth, of this title, shall be punished as 
principals.  
 
Teachers, GUARDIANS, or other persons in any other capacity entrusted with the 
education and guidance of youth OR WARDS, shall also suffer the penalty of temporary 
special disqualification in its maximum LEVEL to perpetual special disqualification. 
 
CHAPTER SIX 
WORK, EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT 
 
Art. 366. Work, Education or Training-related Sexual Harassment Defined. — Work, 
education or training-related sexual harassment is committed by an employer, employee, 
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or 
any other person who, having authority, influence or moral ascendancy over another in a work 
or training or education environment, demands, requests or otherwise requires any sexual 


 
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favor from the other, regardless of whether the demand, request or requirement for submission 
is accepted by the object of said act. 
 
(a) In a work-related or employment environment, sexual harassment is committed 
when: 
1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said 
individual favorable compensation, terms, conditions, promotions, or privileges; 
or the refusal to grant the sexual favor results in limiting, segregating or 
classifying the employee which in any way would discriminate, deprive or 
diminish employment opportunities or otherwise adversely affect said 
employee; 
2) The above acts would impair the employee's rights or privileges under existing 
labor laws; or 
3) The above acts would result in an intimidating, hostile, or offensive environment 
for the employee. 
 
(b) In an education or training environment, sexual harassment is committed: 
1) Against one who is under the care, custody or supervision of the offender; 
2) Against one whose education, training, apprenticeship or tutorship is entrusted 
to the offender; 
3) When the sexual favor is made a condition to the giving of a passing grade, or 
the granting of honors and scholarships or the payment of a stipend, allowance 
or other benefits, privileges, or considerations; or 
4) When the sexual advances result in an intimidating, hostile or offensive 
environment for the student, trainee or apprentice. 
 
Any person who violates THIS provisions shall be penalized by RESTORATIVE 1 or a 
fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand 
pesos (P20,000), or both such fine and imprisonment at the discretion of the court, 
WITHOUT PREJUDICE TO HIS OR HER CRIMINAL LIABILITY FOR ANY OTHER 
CRIME which may have accompanied the sexual harassment. 
 
Title Twelve 
CRIMES AGAINST THE CIVIL STATUS OF PERSONS 
 
Chapter One 
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS 
 
Art. 367. Simulation of births, substitution of one child for another and concealment or 
abandonment of a legitimate child. — ANY PERSON WHO SHALL CAUSE THE FICTITIOUS 
REGISTRATION OF THE BIRTH OF A CHILD UNDER THE NAME(S) OF A PERSON(S) 
WHO IS NOT HIS OR HER BIOLOGICAL PARENT(S) SHALL BE GUILTY OF SIMULATION 
OF BIRTH, AND SHALL BE PUNISHED BY AFFLICTIVE 2 AND A FINE NOT EXCEEDING 
200,000 PESOS. 
 
ANY PERSON WHO TAMPERS WITH OTHER RECORDS RELEVANT TO THE BIRTH OF 
A CHILD TO MAKE IT APPEAR THAT A CHILD WAS BORN TO A PERSON WHO IS NOT 
SUCH CHILD’S BIOLOGICAL MOTHER, CAUSING THE LOSS OF THE TRUE IDENTITY 
AND STATUS OF SUCH CHILD, SHALL SUFFER THE PENALTIES UNDER THE 
PRECEDING PARAGRAPH. 
 
 
ANY PHYSICIAN OR NURSE OR HOSPITAL PERSONNEL WHO, IN VIOLATION OF 
HIS OR HER OATH OF OFFICE, SHALL COOPERATE IN THE EXECUTION OF THE 
ABOVEMENTIONED CRIME SHALL SUFFER THE PENALTIES HEREIN PRESCRIBED 


 
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AND 
ALSO 
THE 
PENALTY 
OF 
TEMPORARY 
OR 
PERPETUAL 
SPECIAL 
DISQUALIFICATION. 
 
The same penalties shall be imposed upon any person who shall SUBSTITUTE ONE 
CHILD FOR ANOTHER, OR WHO SHALL conceal or abandon any legitimate child with intent 
to cause such child to lose HIS OR HER civil status. 
 
NON-REGISTRATION OF ONE’S CHILD WITHIN ONE (1) YEAR FROM BIRTH IS 
PRIMA FACIE EVIDENCE OF INTENT TO CAUSE SUCH CHILD TO LOSE HIS OR HER 
CIVIL STATUS. 
 
Art. 368. Usurpation of civil status. — The penalty of AFFLICTIVE 2 shall be imposed upon 
any person who shall usurp the civil status of another, INCLUDING FILIATION AND 
PARENTAL AND CONJUGAL RIGHTS, should THE OFFENDER do so for the purpose of 
defrauding the offended party or THE LATTER’S heirs; otherwise, the penalty of 
CORRECTIVE 1 shall be imposed; PROVIDED, IF THE AMOUNT OF THE FRAUD 
EXCEEDS 4,400,000 PESOS, THE OFFENDER SHALL BE PUNISHED BY THE PENALTY 
OF AFFLICTIVE 2 IN ITS MAXIMUM LEVEL, ADDING ONE YEAR FOR EACH ADDITIONAL 
2,000,000; BUT THE TOTAL PENALTY WHICH MAY BE IMPOSED SHALL NOT EXCEED 
TWENTY YEARS.  
 
Chapter Two 
ILLEGAL MARRIAGES 
 
Art. 369. Bigamy. — The penalty of AFFLICTIVE 2 shall be imposed upon any person who 
shall contract a second or subsequent marriage which would be valid were it not for the 
subsistence of the former valid marriage before the former VALID marriage has been legally 
dissolved THROUGH ANY OF THE MODES RECOGNIZED BY LAW, or before the absent 
spouse has been declared presumptively dead by means of a judgment rendered in the proper 
proceedings.  
 
THE SECOND OR SUBSEQUENT SPOUSE, HAVING KNOWLEDGE OF THE 
SUBSISTENCE OF THE VALID MARRIAGE OF THE OFFENDER, SHALL BE PUNISHED 
AS PRINCIPAL. 
 
Art. 370. Marriage contracted against provisions of laws. — The penalty of CORRECTIVE 1 
shall be imposed upon any person who, without being included in the provisions of the 
PRECEDING article, shall contract marriage knowing that the requirements of the law have 
not been complied with or that the marriage is in disregard of a legal impediment. 
 
If either of the contracting parties shall obtain the consent of the other by means of 
violence, intimidation or fraud, THE OFFENDER shall be punished by the maximum LEVEL 
of the penalty provided in the next preceding paragraph. 
 
Art. 371. Performance of illegal marriage ceremony. — Priests or ministers of any religious 
denomination or sect, or civil authorities who shall perform or authorize any illegal marriage 
ceremony shall be punished BY RESTORATIVE 1 TO CORRECTIVE 2, OR A FINE OF NOT 
LESS THAN FORTY THOUSAND PESOS NOR MORE THAN FOUR HUNDRED 
THOUSAND PESOS.8 
 
CHAPTER THREE 
CHILD MARRIAGES 
 
 
8 See Sec. 39, Act 3613. Amount of fine may adjusted/recalibrated. 


 
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Art. 372. Facilitation of Child Marriage. — Any person who causes, fixes, facilitates, or 
arranges a child marriage shall suffer the penalty of AFFLICTIVE 2 and a fine of not less than 
Forty thousand pesos (P40,000.00): Provided, however, That should the perpetrator be an 
ascendant, parent, adoptive parent, step parent, or guardian of the child, the penalty shall be 
IMPOSED in its maximum LEVEL, a fine of not less than Fifty thousand pesos (P50,000.00), 
and perpetual loss of parental authority: Provided, further, That any person who produces, 
prints, issues and/or distributes fraudulent or tampered documents such as birth certificates, 
affidavits of delayed registration of birth and/or foundling certificates for the purpose of 
misrepresenting the age of a child to facilitate child marriage or evade liability under this Act 
shall also be liable. 
 
Art. 373. Solemnization of Child Marriage.— Any person who performs or officiates a child 
marriage shall suffer the penalty of AFFLICTIVE 2 in its maximum LEVEL and a fine of not 
less than Fifty thousand pesos (P50,000.00). 
 
Art. 374. Cohabitation of an Adult with a Child outside Wedlock. — An adult partner who 
cohabits with a child outside wedlock shall suffer the penalty of AFFLICTIVE 2 in its maximum 
LEVEL and a fine of not less than Fifty thousand pesos (P50,000.00). 
 
Title Thirteen 
CRIMES AGAINST HONOR 
 
Chapter One 
DEFAMATION 
 
Section One. — Definitions, forms, and PENALTIES of this crime 
 
Art. 375. Definition of DEFAMATION. — DEFAMATION is THE public and malicious 
imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, 
status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or 
juridical person, or to blacken the memory of one who is dead. 
 
THERE ARE THREE KINDS OF DEFAMATION: LIBEL, SLANDER, AND SLANDER BY 
DEED. 
 
Art. 376. LIBEL. — DEFAMATION committed by means of writing, printing, lithography, 
engraving, 
BROADCAST 
MEDIA, 
phonograph, 
painting, 
theatrical 
exhibition, 
cinematographic exhibition, ELECTRONIC OR DIGITAL DEVICES, or any similar means, 
shall be punished a fine ranging from 40,000 to 1,200,000 pesos in addition to the civil action 
which may be brought by the offended party.  
 
DEFAMATION COMMITTED THROUGH A COMPUTER SYSTEM OR ANY OTHER 
SIMILAR MEANS SHALL BE PUNISHED BY A FINE OF MORE THAN 1,200,000 PESOS 
BUT NOT EXCEEDING 5,000,000 PESOS. 
 
Art. 377. Slander.— Oral defamation shall be punished by A FINE RANGING FROM 20,000 
TO 100,000 PESOS if it is of a serious and insulting nature; otherwise the penalty shall be a 
fine not exceeding 20,000 pesos.  
 
Art. 378. Slander by deed. — The penalty of a fine ranging from 20,000 to 100,000 pesos 
shall be imposed upon any person who shall perform any act not included and punished in 
this title, which shall cast dishonor, discredit or contempt upon another person. If said act is 
not of a serious nature, the penalty shall be a fine not exceeding 20,000 pesos. 
 


 
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Art. 379. Threatening to publish and offer to present such publication for a compensation. — 
The penalty of a fine from 40,000 to 400,000 pesos shall be imposed upon any person who 
threatens another to publish a libel concerning him OR HER or the parents, spouse, child, or 
other members of the family of the latter or upon anyone who shall offer to prevent the 
publication of such libel for a compensation or money consideration. 
 
Art. 380. Prohibited publication of acts referred to in the course of official proceedings. — The 
penalty of a fine of 4,000 to 200,000 pesos shall be imposed upon any reporter, editor or 
manager or a newspaper, daily or magazine, who shall publish facts connected with the private 
life of another and offensive to the honor, virtue and reputation of said person, even though 
said publication be made in connection with or under the pretext that it is necessary in the 
narration of any OFFICIAL proceedings wherein such facts have been mentioned. 
 
THE PENALTY OF A FINE OVER 200,000 BUT NOT EXCEEDING 1,200,000 SHALL BE 
IMPOSED IF THE PUBLICATION IS MADE THROUGH A COMPUTER SYSTEM. 
 
Section Two. — General provisions 
 
Art. 381. PRESUMPTION OF MALICE IN LAW. — Every defamatory imputation is presumed 
to be malicious, even if it be true, if no good intention and justifiable motive for making it is 
shown, except in the following cases: 
 
1. A private communication made by any person to another in the performance of any 
legal, moral or social duty; 
2. A fair and true report, made in good faith, of any official proceedings which are not of 
confidential nature, or of any statement, report or speech delivered in said 
proceedings, or of any other act performed by public officers in the exercise of their 
functions; AND 
3. FAIR COMMENTARIES ON MATTERS OF PUBLIC INTEREST. 
 
Art. 382. MALICE IN FACT. — Libelous remarks or comments connected with the matter 
privileged under the provisions of Article ____, if made with malice, shall not exempt the author 
thereof nor the editor or managing editor of a newspaper from criminal liability. 
 
Art. 383. Proof of the truth. — In every criminal prosecution for DEFAMATION ATTRIBUTING 
A CRIME, the truth may be given in evidence to the court and if it was published with good 
motives and for justifiable ends, the defendants shall be acquitted. 
 
Proof of the truth of an imputation of an act or omission made against Government 
employees with respect to facts related to the discharge of their official duties SHALL RESULT 
IN THE ACQUITTAL OF THE DEFENDANT. 
 
Art. 384. Persons responsible. — Any person who shall publish, exhibit, or cause the 
publication or exhibition of any defamation in writing or by similar means, shall be responsible 
for the same. 
 
The author or editor of a book or pamphlet, or the editor or business manager of a daily 
newspaper, magazine or serial publication, shall be responsible for the defamations contained 
therein to the same extent as if he OR SHE were the author thereof. 
 
Chapter Two 
INCRIMINATORY MACHINATIONS 
 
Art. 385. Incriminating innocent person. — Any person who, by any act not constituting 
perjury, shall directly incriminate or impute to an innocent person the commission of a crime, 


 
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shall be punished by THE PENALTY NEXT LOWER IN DEGREE THAN THAT PRESCRIBED 
BY LAW FOR THE CRIME TO WHICH THE INNOCENT PERSON IS INCRIMINATED. 
 
Art. 386. Intriguing against honor. — The penalty of fine not exceeding 40,000 pesos shall be 
imposed for any intrigue which has for its principal purpose to blemish the honor or reputation 
of a person.  
 
TITLE FOURTEEN 
CYBERCRIMES 
 
Art. 387. Definition of Terms. — For purposes of this Title, the following terms are hereby 
defined as follows: 
 
(a) Access refers to the instruction, communication with, storing data in, retrieving data 
from, or otherwise making use of any resources of a computer system or 
communication network. 
(b) Alteration refers to the modification or change, in form or substance, of an existing 
computer data or program. 
(c) Communication refers to the transmission of information through ICT media, including 
voice, video and other forms of data. 
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data 
processing or communications device, or grouping of such devices, capable of 
performing logical, arithmetic, routing, or storage functions and which includes any 
storage facility or equipment or communications facility or equipment directly related 
to or operating in conjunction with such device. It covers any type of computer device 
including devices with data processing capabilities like mobile phones, smart phones, 
computer networks and other devices connected to the internet. 
(e) Computer data refers to any representation of facts, information, or concepts in a form 
suitable for processing in a computer system including a program suitable to cause a 
computer system to perform a function and includes electronic documents and/or 
electronic data messages whether stored in local computer systems or online. 
(f) Computer program refers to a set of instructions executed by the computer to achieve 
intended results. 
(g) Computer system refers to any device or group of interconnected or related devices, 
one or more of which, pursuant to a program, performs automated processing of data. 
It covers any type of device with data processing capabilities including, but not limited 
to, computers and mobile phones. The device consisting of hardware and software 
may include input, output and storage components which may stand alone or be 
connected in a network or other similar devices. It also includes computer data storage 
devices or media. 
(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; 
or (ii) conduct not covered by established legal defenses, excuses, court orders, 
justifications, or relevant principles under the law. 
(i) Cyber refers to a computer or a computer network, the electronic medium in which 
online communication takes place. 
(j) Critical infrastructure refers to the computer systems, and/or networks, whether 
physical or virtual, and/or the computer programs, computer data and/or traffic data so 
vital to this country that the incapacity or destruction of or interference with such system 
and assets would have a debilitating impact on security, national or economic security, 
national public health and safety, or any combination of those matters. 
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, 
actions, training, best practices, assurance and technologies that can be used to 
protect the cyber environment and organization and user’s assets. 
(l) Database refers to a representation of information, knowledge, facts, concepts, or 
instructions which are being prepared, processed or stored or have been prepared, 


 
 114
processed or stored in a formalized manner and which are intended for use in a 
computer system. 
(m) Interception refers to listening to, recording, monitoring or surveillance of the content 
of communications, including procuring of the content of data, either directly, through 
access and use of a computer system or indirectly, through the use of electronic 
eavesdropping or tapping devices, at the same time that the communication is 
occurring. 
(n) Service provider refers to: 
1) Any public or private entity that provides to users of its service the ability to 
communicate by means of a computer system; and 
2) Any other entity that processes or stores computer data on behalf of such 
communication service or users of such service. 
(o) Subscriber’s information refers to any information contained in the form of computer 
data or any other form that is held by a service provider, relating to subscribers of its 
services other than traffic or content data and by which identity can be established: 
1) The type of communication service used, the technical provisions taken thereto 
and the period of service; 
2) The subscriber’s identity, postal or geographic address, telephone and other 
access numbers, any assigned network address, billing and payment 
information, available on the basis of the service agreement or arrangement; 
and 
3) Any other available information on the site of the installation of communication 
equipment, available on the basis of the service agreement or arrangement. 
(p) Traffic data or non-content data refers to any computer data other than the content of 
the communication including, but not limited to, the communication’s origin, 
destination, route, time, date, size, duration, or type of underlying service. 
 
Art. 388. Illegal Access. — The access to the whole or any part of a computer system without 
right, shall be punished with imprisonment of AFFLICTIVE 2 or a fine of at least Two hundred 
thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage 
incurred or both. 
 
Art. 389. Illegal Interception. — The interception made by technical means without right of any 
non-public transmission of computer data to, from, or within a computer system including 
electromagnetic emissions from a computer system carrying such computer data, shall be 
punished with imprisonment of AFFLICTIVE 2 or a fine of at least Two hundred thousand 
pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or 
both. 
 
Art. 390. Data Interference. — The intentional or reckless alteration, damaging, deletion or 
deterioration of computer data, electronic document, or electronic data message, without right, 
including the introduction or transmission of viruses, shall be punished with imprisonment of 
AFFLICTIVE 2 or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a 
maximum amount commensurate to the damage incurred or both. 
 
Art. 391. System Interference. — The intentional alteration or reckless hindering or 
interference with the functioning of a computer or computer network by inputting, transmitting, 
damaging, deleting, deteriorating, altering or suppressing computer data or program, 
electronic document, or electronic data message, without right or authority, including the 
introduction or transmission of viruses, shall be punished with imprisonment of AFFLICTIVE 
2 or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount 
commensurate to the damage incurred or both. 
 
Art. 392. Misuse of Devices.   
(i) The use, production, sale, procurement, importation, distribution, or otherwise making 


 
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available, without right, of: 
 
a) 
A device, including a computer program, designed or adapted primarily for the 
purpose of committing any of the offenses under this Chapter; or 
b) 
A computer password, access code, or similar data by which the whole or any 
part of a computer system is capable of being accessed with intent that it be 
used for the purpose of committing any of the offenses under this Chapter. 
 
shall be punished with imprisonment of AFFLICTIVE 2 or a fine of not more than Five 
hundred thousand pesos (PhP500,000.00) or both. 
 
(ii) The possession of an item referred to above with intent to use said devices for the purpose 
of committing any of the offenses under this section, shall be punished with imprisonment of 
prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or 
both. 
 
Art. 393. Cyber-squatting. — The acquisition of a domain name over the internet in bad faith 
to profit, mislead, destroy reputation, and deprive others from registering the same, if such a 
domain name is: 
 
a) Similar, identical, or confusingly similar to an existing trademark registered with 
the appropriate government agency at the time of the domain name 
registration: 
b) Identical or in any way similar with the name of a person other than the 
registrant, in case of a personal name; and 
c) Acquired without right or with intellectual property interests in it. 
 
shall be punished with imprisonment of AFFLICTIVE 2 or a fine of at least Two hundred 
thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage 
incurred or both. 
 
Art. 394. If any of the punishable acts in ARTICLES ___ to ___ above are committed against 
critical infrastructure, the penalty of AFFLICTIVE 1 or a fine of at least Five hundred thousand 
pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or 
both, shall be imposed. 
 
Art. 395. Computer-related Forgery. — 
 
a) The input, alteration, or deletion of any computer data without right resulting in 
inauthentic data with the intent that it be considered or acted upon for legal 
purposes as if it were authentic, regardless whether or not the data is directly 
readable and intelligible; or 
b) The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent 
or dishonest design. 
 
shall be punished with imprisonment of AFFLICTIVE 2 or a fine of at least Two hundred 
thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage 
incurred or both. 
 
Art. 396. Computer-related Fraud. — The unauthorized input, alteration, or deletion of 
computer data or program or interference in the functioning of a computer system, causing 
damage thereby with fraudulent intent, shall be punished with imprisonment of AFFLICTIVE 2 
or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount 
commensurate to the damage incurred or both, provided, That if no damage has yet been 


 
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caused, the penalty imposable shall be one (1) degree lower. 
 
Art. 397. Computer-related Identity Theft. — The intentional acquisition, use, misuse, transfer, 
possession, alteration or deletion of identifying information belonging to another, whether 
natural or juridical, without right, shall be punished with imprisonment of AFFLICTIVE 2 or a 
fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount 
commensurate to the damage incurred or both, provided, That if no damage has yet been 
caused, the penalty imposable shall be one (1) degree lower. 
 
Art. 398. Cybersex. — The willful engagement, maintenance, control, or operation, directly or 
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a 
computer system, for favor or consideration, shall be punished with imprisonment of 
AFFLICTIVE 2 or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not 
exceeding One million pesos (PhPl,000,000.00) or both. 
 
Art. 399. All crimes defined and penalized by this Code if committed by, through and with the 
use of information and communications technologies shall be a cybercrime; Provided, That 
the penalty to be imposed shall be one (1) degree higher than that provided for by the Code, 
as amended. 
 
Art. 400. Corporate Liability. — When any of the punishable acts defined in this Title are 
knowingly committed on behalf of or for the benefit of a juridical person, by a natural person 
acting either individually or as part of an organ of the juridical person, who has a leading 
position within, based on: (a) a power of representation of the juridical person provided the act 
committed falls within the scope of such authority; (b) an authority to take decisions on behalf 
of the juridical person: Provided, That the act committed falls within the scope of such 
authority; or (c) an authority to exercise control within the juridical person, the juridical person 
shall be held liable for a fine equivalent to at least double the fines imposable for such 
cybercrime up to a maximum of Ten million pesos (PhP10,000,000.00). 
 
If the commission of any of the punishable acts defined in this Title was made possible due to 
the lack of supervision or control by a natural person referred to and described in the preceding 
paragraph, for the benefit of that juridical person by a natural person acting under its authority, 
the juridical person shall be held liable for a fine equivalent to at least double the fines 
imposable for such cybercrime up to a maximum of Five million pesos (PhP5,000,000.00). 
 
The liability imposed on the juridical person shall be without prejudice to the criminal liability 
of the natural person who has committed the offense. 


 
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Title FIFTEEN 
QUASI-OFFENSES 
 
Sole Chapter 
CRIMINAL NEGLIGENCE 
 
Art. 401. Imprudence and negligence. — Any person who, by reckless imprudence, shall 
commit any act which, had it been intentional, would constitute a grave felony, shall suffer the 
penalty of RESTORATIVE 1 in its maximum LEVEL to CORRECTIVE 1; if it would have 
constituted a less grave felony, the penalty of RESTORATIVE 1 in its minimum and medium 
LEVELs shall be imposed; if it would have constituted a light felony, the penalty of 
RESTORATIVE 2 in its maximum LEVEL shall be imposed. 
 
Any person who, by simple imprudence or negligence, shall commit an act which would 
otherwise constitute a grave felony, shall suffer the penalty of RESTORATIVE 1 in its medium 
and maximum LEVELs; if it would have constituted a less serious felony, the penalty of 
RESTORATIVE 1 in its minimum LEVEL shall be imposed. 
 
When the execution of the act covered by this article shall have only resulted in 
damage to the property of another, the offender shall be punished by a fine ranging from an 
amount equal to the value of said damages to three times such value, but which shall in no 
case be less than 5,000 pesos. 
 
A fine not exceeding 40,000 pesos and censure shall be imposed upon any person 
who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, 
would have constituted a light felony. 
 
In the imposition of these penalties, the court shall exercise their sound discretion, 
without regard to the rules prescribed in Article ____(64). 
 
The provisions contained in this article shall not be applicable: 
 
1. When the penalty provided for the offense is equal to or lower than those provided 
in the first two paragraphs of this article, in which case the court shall impose the 
penalty next lower in degree than that which should be imposed in the period which 
they may deem proper to apply. 
2. When, by imprudence or negligence and with violation of the TRAFFIC LAWS 
AND ORDINANCES the death of a person shall be caused, in which case the 
defendant shall be punished by CORRECTIVE 1; PROVIDED, THAT IN CASE OF 
TWO OR MORE DEATHS CAUSED BY SUCH IMPRUDENCE OR 
NEGLIGENCE AND VIOLATION OF TRAFFIC LAWS AND ORDINANCES, THE 
OFFENDER SHALL BE PUNISHED BY AFFLICTIVE 2. 
 
Reckless imprudence consists in voluntary, but without malice, doing or falling to do 
an act from which material damage results by reason of inexcusable lack of precaution on the 
part of the person performing of failing to perform such act, taking into consideration his 
employment or occupation, degree of intelligence, physical condition and other circumstances 
regarding persons, time and place. 
 
Simple imprudence consists in the lack of precaution displayed in those cases in which 
the damage impending to be caused is not immediate nor the danger clearly manifest. 
 
The penalty next higher in degree to those provided for in this article shall be imposed 
upon the offender who fails to lend on the spot to the injured parties such help as may be in 
this hand to give. (As amended by R.A. 1790, approved June 21, 1957) 


 
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IMPRUDENCE, WHETHER CHARACTERIZED AS RECKLESS OR SIMPLE, IS A 
SINGLE QUASI-OFFENSE WHICH PUNISHES THE OFFENDER’S MENTAL ATTITUDE 
AND NOT THE CRIMINAL ACTS PRODUCED AS A CONSEQUENCE OF HIS OR HER 
LACK OF CARE OR FORESIGHT. (Ivler v. Modesto-San Pedro, G.R. No. 172716, November 
17, 2010)  
 
Art. 402.  Separability Clause. – If any provision of this Act shall be held unconstitutional or 
invalid, the other provisions not otherwise affected shall remain in full force effect. 
 
Art. 403. Repealing Clause. – All laws, presidential decrees, executive orders, ordinances, 
rules and regulations, and other issuances or parts thereof which are inconsistent with this 
Act, are hereby repealed or modified accordingly. 
 
Art. 404.  Effectivity. – This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper of general circulation. 
 
Approved,