ARTICLE 21. Penalties that May Be Imposed.

— No felony shall be punishable by any penalty not

prescribed by law prior to its commission.

ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall have a retroactive effect in so far as they
favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of
article 62 of this Code, although at the time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same.

ARTICLE 23. Effect of Pardon by the Offended Party. — A pardon by the offended party does not
extinguish criminal action except as provided in article 344 of this Code; but civil liability with regard to
the interest of the injured party is extinguished by his express waiver.

ARTICLE 24. Measures of Prevention or Safety Which are Not Considered Penalties. — The following
shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in article 80 and for the
purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary
powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

ARTICLE 25. Penalties Which May Be Imposed. — The penalties which may be imposed, according to this
Code, and their different classes, are those included in the following:
Principal Penalties
Capital punishment: Death.
Afflictive penalties: Reclusión perpetua, Reclusión temporal, Perpetual or temporary absolute
disqualification, Perpetual or temporary special disqualification, Prisión mayor.
Correctional penalties: Prisión correccional, Arresto mayor, Suspension, Destierro.
Light penalties: Arresto menor, Public censure.
Penalties common to the three preceding classes: Fine, and Bond to keep the peace.
Accessory Penalties:
Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense,
payment of costs.

ARTICLE 26. Fine — When Afflictive, Correctional or Light Penalty. — A fine, whether imposed as a single
or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty,
if it be less than 200 pesos.
ARTICLE 27. Reclusión Perpetua. — Any person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or
some other serious cause shall be considered by the Chief Executive as unworthy of pardon.
Reclusión temporal. — The penalty of reclusión temporal shall be from twelve years and one day to
twenty years.
Prisión mayor and temporary disqualification. — The duration of the penalties of prisión mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty
of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the
principal penalty.
Prisión correccional, suspensión, and destierro. — The duration of the penalties of prision correccional,
suspensión and destierro shall be from six months and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto mayor. — The duration of the penalty or arresto mayor shall be from one month and one day to
six months.
Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as
the court may determine.

ARTICLE 36. Pardon; Its Effects. — A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him
by the sentence.

ARTICLE 39. Subsidiary Penalty. — If the convict has no property with which to meet the pecuniary
liabilities mentioned in paragraphs 1st, 2nd and 3rd of the next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each 2 pesos and 50 centavos, subject to the
following rules:
1. If the principal penalty imposed be prisión correccional or arresto and fine, he shall remain
under confinement until his fine and pecuniary liabilities referred in the preceding paragraph are
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the
sentence, and in no case shall it continue for more than one year, and no fraction or part of a day
shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prisión correccional no subsidiary
imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency
shall not relieve him from reparation of the damaged caused, nor from indemnification for the
 consequential damages in case his financial circumstances should improve; but he shall be
relieved from pecuniary liability as to the fine.

ARTICLE 48. Penalty for Complex Crimes. — When a single act constitutes two or more crimes, or when
an offense is a necessary means for committing the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.

Art. 50. Penalty to be imposed upon principals of a frustrated crime. — The penalty next t lower in
degree than that prescribed by law for the consummate d felony shall be imposed upon the principals in
a frustrated felony.

Art. 51. Penalty to be imposed upon principals of attempted crimes. – A penalty lower by two degrees
than that prescribed by law for the consummated felony shall be imposed upon the principals in an
attempt to commit a felony.

Art. 52. Penalty to Be Imposed Upon Accomplices in a Consummated Crime. — The penalty next lower in
degree than that prescribed by law for the consummated felony shall be imposed upon the accomplices
in the commission of a consummated felony.

Art. 53. Penalty to Be Imposed Upon Accessories to the Commission of a Consummated Felony. — The
penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the accessories to the commission of a consummated felony.

Art. 54. Penalty to Be Imposed Upon Accomplices in a Frustrated Crime. — The penalty next lower in
degree than that prescribed by law for the frustrated felony shall be imposed upon the accomplices in
the commission of a frustrated felony.

Art. 55. Penalty to Be Imposed Upon Accessories of a Frustrated Crime. — The penalty lower by two
degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to
the commission of a frustrated felony.

Art. 56. Penalty to Be Imposed Upon Accomplices in an Attempted Crime. — The penalty next lower in
degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.

Art. 57. Penalty to Be Imposed Upon Accessories of an Attempted Crime. — The penalty lower by two
degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the
attempt to commit a felony.

ARTICLE 58. Additional Penalty to Be Imposed Upon Certain Accessories. — Those accessories falling
within the terms of paragraph 3 of article 19 of this Code who should act with abuse of their public
functions, shall suffer the additional penalty or absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be
guilty of a less grave felony.

ARTICLE 59. Penalty to Be Imposed in Case of Failure to Commit the Crime Because the Means Employed
or the Aims Sought are Impossible. — When the person intending to commit an offense has already
performed the acts for the execution of the same but nevertheless the crime was not produced by
reason of the fact that the act intended was by its nature one of impossible accomplishment or because
the means employed by such person are essentially inadequate to produce the result desired by him, the
court, having in mind the social danger and the degree of criminality shown by the offender, shall impose
upon him the penalty of arresto mayor or a fine ranging from 200 to 500 pesos.

ARTICLE 60. Exceptions to the Rules Established in Articles 50 to 57. — The provisions contained in
articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices
or accessories.

ARTICLE 61. Rules for Graduating Penalties. — For the purpose of graduating the penalties which,
according to the provisions of articles 50 to 57, inclusive, of this Code, are to be imposed upon persons
guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following
rules shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in
degree shall be that immediately following that indivisible penalty in the scale prescribed in
article 70 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or
more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall
be that immediately following the lesser of the penalties prescribed in the above mentioned
scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and
the maximum period of another divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper divisible penalty and the
maximum period of that immediately following in said 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 scale.
5. When the law prescribes a penalty for a crime in some manner not specially provided for in the
four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties
upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and
upon accomplices and accessories.

ARTICLE 62. Effects of the Attendance of Mitigating or Aggravating Circumstances and of Habitual
Delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into
account for the purpose of diminishing or increasing the penalty in conformity with the following rules:

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 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 a third conviction the culprit shall be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to the additional penalty of prisión
correctional in its medium and maximum periods;
(b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prisión mayor in
its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prisión mayor in its maximum period to reclusión temporal 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 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of
ten years from the date of his release or last conviction of the crimes robo, hurto, estafa, or falsificacion,
he is found guilty of any of said crimes a third time or oftener.

ARTICLE 63. Rules for the Application of Indivisible Penalties. — In all cases in which the law prescribes a
single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following
rules shall be observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances in the commission of the deed,
the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstance and there is no
aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the
courts shall reasonably allow them to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance with the preceding rules,
according to the result of such compensation.

ARTICLE 64. Rules for the Application of Penalties Which Contain Three Periods. — In cases in which the
penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed
of three different penalties, each one of which forms a period in accordance with the provisions of
articles 76 and 77, the courts shall observe for the application of the penalty the following rules,
according to whether there are or are 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.
5. When there are two or more mitigating circumstances and no aggravating circumstances are
present, the court shall impose the penalty next lower to that prescribed by law, in the period
that it may deem applicable, according to the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law, in its maximum period.
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.

ARTICLE 65. Rule in Cases in Which the Penalty is Not Composed of Three Periods. — In cases in which
the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal portions the time included in the penalty
prescribed, and forming one period of each of the three portions.

ARTICLE 66. Imposition of Fines. — In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to the mitigating
and aggravating circumstances, but more particularly to the wealth or means of the culprit.

ARTICLE 67. Penalty to Be Imposed When Not All the Requisites of Exemption of the Fourth
Circumstance of Article 12 are Present.— When all the conditions required in circumstance number 4 of
article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in
its maximum period to prisión correccional in its minimum period shall be imposed upon the culprit if he
shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a
less grave felony.

ARTICLE 68. Penalty to Be Imposed Upon a Person Under Eighteen Years of Age. — When the offender is
a minor under eighteen years and his case is one coming under the provisions of the paragraph next to
the last of article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by
reason of the court having declared that he acted with discernment, a discretionary penalty shall
be imposed, but always lower by two degrees at least than that prescribed by law for the crime
which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period.
ARTICLE 69. Penalty to Be Imposed When the Crime Committed is Not Wholly Excusable. — A penalty
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable
by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability
in the several cases mentioned in articles 11 and 12, provided that the majority of such conditions be present.
The courts shall impose the penalty in the period which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking.

ARTICLE 70. Successive Service of Sentences; Exception. — When the culprit has to serve two or more
penalties, he shall serve them simultaneously if the nature of the penalties will so permit; otherwise, said
penalties shall be executed successively, following the order of their respective severity, which shall be
determined in accordance with the following scale:
1. Death.
2. Reclusión perpetua.
3. Reclusión temporal.
4. Prisión mayor.
5. Prisión correccional.
6. Arresto mayor.
7. Arresto menor.
A person sentenced to destierro who is also sentenced to the penalty of prisión or arresto shall be
required to serve these latter penalties before serving the penalty of destierro.

ARTICLE 71. Fine. — The fine shall be considered as the last of all the principal penalties listed in the
preceding article.
When a fine is so imposed, the duration of the subsidiary liability corresponding thereto, by reason of
the insolvency of the offender, shall not exceed that which is provided in rule 2 of article 39.

ARTICLE 72. Preference in the Payment of the Civil Liabilities. — The civil liabilities of a person found
guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the
final judgments rendered against him, beginning with the first in order of time.

TYPES OF DAMAGES:
Actual or Compensatory Damages: These are damages awarded to compensate the injured party for the
actual losses they suffered as a result of the defendant’s actions. These may include medical expenses,
property damage, lost income, and other quantifiable financial losses.
The primary purpose of actual damages is to compensate the injured party for the actual financial losses
they suffered due to the defendant’s wrongful actions. This ensures that the injured party is made whole
and is not left with a financial burden.
Moral Damages: Moral damages are awarded to compensate for mental anguish, emotional distress, or
psychological suffering resulting from the wrongful act. These damages are not based on specific
financial losses but on the idea of vindicating the claimant’s rights.
Moral damages are awarded to provide compensation for intangible harm such as emotional distress,
mental anguish, or violation of rights. The purpose is to acknowledge and mitigate the emotional
suffering experienced by the injured party.
Exemplary or Punitive Damages: These are damages awarded to punish the defendant for their
malicious, fraudulent, or oppressive behavior. The aim is to deter others from engaging in similar
wrongful conduct.
Punitive damages are designed to punish the defendant for particularly egregious conduct and to deter
others from engaging in similar behavior. The primary purpose is to serve as a deterrent against
malicious, oppressive, or fraudulent actions.
Nominal Damages: Nominal damages are symbolic in nature and are awarded when a legal right has
been violated, but no substantial loss or injury has been suffered. The amount is typically small.
Nominal damages are symbolic and are typically awarded when a legal right has been violated but no
substantial loss or injury has occurred. The purpose is to recognize the violation of rights and establish a
legal precedent.
Temperate or Moderate Damages: These are damages awarded when the actual damages cannot be
proven with certainty, but there is evidence of some damage. They are a moderate or reasonable
estimate of the loss.
These damages aim to provide reasonable compensation when the exact extent of losses is uncertain.
The purpose is to ensure that the injured party receives a fair and reasonable amount in the absence of
precise calculations.
Liquidated Damages: These are pre-determined or agreed-upon damages specified in a contract in case
of a breach. The amount is usually stated in the contract.
Liquidated damages serve the purpose of providing a predetermined measure of damages in contracts
to simplify the assessment of compensation in case of a breach. They provide certainty in contractual
relationships.