THE REVISED PENAL CODE

(Act No. 3815, as amended)

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

Outline of ARTICLE 16 -103

Based on the Book of

Reyes Book 1 (2021) - Revised Penal Code - Criminal Law - One I - By Luis
The RPC. Edition: 2021 Ed.

Group 1

BS-Criminology

3rd Year college

Block: 3A7

MEMBERS:

1. Subngayon Quenette L.

2. Selino Clayton A.

3. Matalang Francis D.

4. Tabuyo John Lloyd B.

5. FUGABAN SHAIN C.

6. TUMBAGA JIRICK G.

7. Fajardo, Herminio B.

8. Caronan, Christian A.

9. Gale Irorita Bunagan

- Each member contributed 9 article each.

 Article 16(PERSONS CRIMINALLY LIABLE FOR FELONIES )

The commission of a felony is considered a serious offense that can result in

punishment. This type of crime involves an act or omission that produces or has the
potential to produce a change in the external world. It is important to note that only a
natural person can be held responsible for committing a felony, as they are the only
ones who have the ability to initiate or allow for such changes to occur through their
actions or lack thereof. Essentially, it is the human element that sets in motion a cause
and effect relationship leading to the commission of a felony. Therefore, it is crucial for
individuals to understand their responsibility in preventing such criminal acts from taking
place and ensuring that they do not contribute to any harmful changes in society.

Article 17(Principals in General .)

—In criminal law, there are different categories of individuals who can be held liable for
a crime. These individuals are known as principals, and there are three main types:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it; and
3. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.

When it comes to murder, for example, if one person kills another, then that individual is
automatically considered a principal by direct participation. However, when multiple
people are involved in a murder case, it becomes necessary to determine each person's
level of involvement and liability. In such cases, all parties may be considered principals
by direct participation (as per paragraph 1), or one person may be considered a
principal by induction (paragraph 2) while another is a principal by direct participation.
Alternatively, one person may be deemed a principal by direct participation while the
other is considered a principal by indispensable cooperation (paragraph 3). It is
important to carefully consider each individual's role in the crime to ensure that justice
is served appropriately.

Article 18(Accomplices)

Accomplices are individuals who participate in the commission of a crime by aiding or

abetting the perpetrator(s), but are not considered principals under Article 17. These
individuals may have collaborated with the offender(s) through prior or concurrent
actions, without necessarily being part of a conspiracy. In situations where there is no
evidence of a conspiracy between the defendants, but they share a common goal to
achieve the criminal objective, those who assisted through previous or simultaneous
acts and cannot be held liable as main offenders may still be regarded as accomplices.
 Article 19. Accessories .

Accessories refer to individuals who are aware of a criminal act taking place, but have
not played an active role in it as principals or accomplices. Instead, they participate in
various ways after the crime has been committed. One way is by benefiting from the
consequences of the crime themselves or by assisting the perpetrator to profit from it.
Another way is by avoiding detection of the crime through activities such as hiding or
destroying the victim's body, as well as their belongings and tools. Additionally,
accessories may provide assistance through misuse of their official position or by
harboring, hiding, or aiding in the criminals' escape. This is especially relevant when the
perpetrator is found guilty of serious crimes such as treason, parricide, murder, or
attempting to kill the President. It is important to note that accessories play a significant
role in many criminal cases and can be held accountable for their involvement in these
activities.

Article 20. (Accessories who are exempt from criminal liability.)

In accordance with the preceding article, it is stated that individuals who fall under the
category of spouses, ascendants, descendants, legitimate, natural and adopted brothers
and sisters or relatives by affinity within the same degrees shall not be held accountable
for any penalties imposed on accessories. However, it should be noted that this
exception does not apply to any accessories falling under the provisions of Paragraph 1.
Therefore, it is important to carefully consider the relevant articles and provisions in
order to fully understand the scope of this exemption.

Article 21. (Penalties that may be imposed)

It is a fundamental principle of law that no individual may be punished for a felony with
a sentence that was not established by law before the commission of said crime. This
means that any punishment must be in accordance with the laws in place at the time of
the offense. Any deviation from this principle would be considered a violation of the
individual's rights and would undermine the very foundation of our legal system.
Therefore, it is essential that all sentences for felonies are clearly defined and
established before any criminal activity takes place, ensuring fair and just treatment for
all individuals involved.

Article 22. (Retroactive effect of penal laws)

The application of penal laws is a crucial aspect of the justice system. It ensures that
those who commit crimes are held accountable for their actions and face appropriate
consequences. However, there are instances where retroactive application of these laws
can benefit individuals who have been convicted of felonies. In such cases, those who
are not habitual offenders - as defined by Rule 5 of Article 62 of the Code - can
potentially benefit from these retroactive measures.
This means that even if a convict was already serving their sentence at the time the
new laws were published, they may still be able to take advantage of any beneficial
changes that are introduced. Of course, this is subject to certain conditions and
restrictions, which must be carefully considered in each individual case.

Ultimately, the goal is to ensure that justice is served in a fair and equitable manner. By
allowing for retroactive application of penal laws under certain circumstances, we can
help to ensure that those who have been convicted of felonies have access to all
available legal options and protections. This approach helps to promote transparency
and accountability in our justice system while also upholding the rights and dignity of all
individuals involved.

Article 23.( Effect of pardon by the offended party).

When an offended party is granted a pardon, it does not necessarily mean that the
criminal action against the offender will be extinguished, unless otherwise stated in
Article 344 of this Code. However, it is important to note that the civil liability related to
the interests of the injured party can be extinguished if they choose to explicitly waive
their rights. This means that while a pardon may provide some relief for the offender,
they may still face legal consequences for their actions and are not completely absolved
of their wrongdoing. It is crucial to understand the nuances of pardons and their
limitations in both criminal and civil cases.

Article 24.( Measures of prevention or safety which are nor considered

penalties).

The list below outlines several circumstances that shall not be deemed as penalties:

1. The temporary detention of accused individuals, as well as their confinement due

to mental or physical illness that requires treatment in a hospital.

2. The placement of a minor into any institution outlined in Article 80 for the
specific purposes outlined therein.

3. The suspension of public office employment during trial proceedings or while

instituting legal action.

4. The imposition of fines and other corrective measures by superior officials

exercising administrative disciplinary powers over their subordinates.

5. The deprivation of rights and reparations established by civil laws in penal form
are not considered penalties under this provision.

It is important to note that these exceptions are all distinct from punishments inflicted
upon an individual for the commission of a crime, and should not be treated as such.
Instead, they represent necessary actions taken by authorities to protect the public
interest or ensure proper conduct within organizations or institutions. By understanding
these distinctions, we can better uphold principles of justice and fairness in our society.

Chapter Two CLASSIFICATION OF PENALTIES

Article 25. (Penalties which may be imposed)

This Code outlines the various penalties that may be imposed, categorized into different
classes. The first class is the Scale Principal Penalties, which includes capital punishment
or death, afflictive penalties like reclusion perpetua, reclusion temporal, perpetual or
temporary absolute disqualification, perpetual or temporary special disqualification, and
prision mayor. The second class is Correctional Penalties, which include prision
correccional, arresto mayor, suspension, and destierro. Lastly, the third class is Light
Penalties which include arresto menor and public censure.
In addition to these classes of penalties are those common to the three preceding
classes such as fines and bond to keep the peace. Accessory Penalties are also included
in this Code which consists of perpetual or temporary absolute disqualification,
perpetual or temporary special disqualification, suspension from public office and the
right to vote and be voted for a profession or calling. Civil interdiction, indemnification,
forfeiture or confiscation of instruments and proceeds of the offense as well as payment
of costs are also among these accessory penalties.
It is important to note that these penalties are outlined in detail to ensure that justice is
served accordingly for any violation committed under this Code. Henceforth individuals
must abide by these rules set forth by law in order to avoid facing any consequences
related to their actions.

Article 26. (When afflictive, correctional, or light penalty)

In the realm of legal sanctions, fines are categorized into three types based on their
amount. If a fine surpasses 6,000 pesos, it is deemed as an afflictive penalty, whether it
is imposed singularly or as an option to other forms of punishment. On the other hand,
if the amount of the fine falls below 6,000 pesos but is not lower than 200 pesos, it falls
under the category of correctional penalty. Lastly, if the fine is less than 200 pesos, it is
classified as a light penalty. It is important to note that these distinctions are crucial in
determining the gravity and severity of a particular offense and its corresponding
punishment. Therefore, understanding these categories and their corresponding
thresholds can help individuals navigate the legal system with clarity and ease.

Article 27.( Reclusion perpetua)

In accordance with the law, individuals who have been sentenced to any of the
perpetual penalties will be granted a pardon after serving their sentence for a period of
thirty (30) years. This applies unless the Chief Executive deems them unworthy of such
clemency due to their behavior or other serious reasons. It is important to note that this
provision aims to provide an opportunity for offenders to reform and reintegrate into
society after serving their time. However, this does not excuse any wrongdoing or
diminish the gravity of their offenses. The decision to grant a pardon rests solely on the
discretion of the Chief Executive, taking into account various factors such as the severity
of the crime committed and the offender's conduct while serving their sentence.
Ultimately, this provision seeks to balance justice with compassion and give hope to
those seeking redemption.

Article 28.( Computation of penalties)

In cases where an offender has been sentenced to temporary penalties and is serving
time in prison, the duration of the penalty will be calculated from the day on which the
judgment of conviction becomes final. However, if the offender is not in prison, then the
calculation of the duration of penalty consisting of deprivation of liberty will start from
the day that they are handed over to judicial authorities for enforcement. It's important
to note that the calculation for other penalties will only begin on the day that the
defendant starts serving their sentence. These provisions ensure that there is a clear
and consistent method for calculating sentence durations regardless of whether an
offender is incarcerated or not.

Article 29. (Period of preventive imprisonment deducted from term of

imprisonment)

When individuals are incarcerated as a preventive measure, any time spent in detention
will be counted towards their sentence of imprisonment. This applies to those who have
been detained prior to conviction for a crime they are suspected of committing. The full
duration of their preventive imprisonment will be credited towards their sentence if the
individual agrees in writing to follow the same disciplinary regulations that convicted
prisoners must adhere to. However, there are certain circumstances where this may not
apply. Overall, this policy ensures that individuals are not unnecessarily held in
detention while awaiting trial and that their time spent in custody is acknowledged and
taken into account when determining their ultimate sentence.
 Article 30.( Effects of the penalties of perpetual or temporary absolute
disqualification)

-The consequences of being subjected to perpetual or temporary absolute

disqualification for public office are severe and multifaceted. Firstly, the individual in
question will be stripped of any and all public offices or employments they may have
held, regardless of whether they were conferred by popular election. This means that
any positions of power or authority that the offender previously held will be taken away
from them permanently or for a specified period of time.
In addition to this, those who are subject to absolute disqualification will also lose their
right to vote in any election for popular office, as well as being unable to stand for
election themselves. This is a serious infringement on democratic rights and can have
far-reaching implications for both the individual and the wider community.
Furthermore, those who are disqualified from holding public office will also be prevented
from exercising any of the other rights associated with such positions. This includes
being barred from carrying out certain duties or responsibilities that would typically be
afforded to someone in a position of power or influence.
If an individual is only subject to temporary disqualification, then this will typically
involve the loss of voting and candidacy rights mentioned above, but only for the
duration of their sentence. However, if they are subject to permanent disqualification
then these restrictions will remain in place indefinitely.
Finally, it should also be noted that anyone who is disqualified from holding public office
may also lose their entitlements to retirement pay or other pensions associated with any
offices they formerly held. This can have significant financial implications for individuals
who have invested significant time and effort into building a career within public service.

Article 31.( Effect of the penalties of perpetual or temporary special

disqualification)

The consequences of being subject to perpetual or temporal special disqualification for

public office, profession or calling are significant and far-reaching. Specifically, there are
two primary effects that result from this type of punishment. Firstly, the individual in
question will be stripped of their current office, employment, profession or calling -
essentially losing their livelihood and source of income. This can have a profound impact
on both the individual and their dependents, as they may struggle to make ends meet
without a steady stream of income.
Secondly, those who are subject to special disqualification will also be barred from
holding similar offices or employments either perpetually or for the duration of their
sentence - depending on the extent of their disqualification. This means that even after
serving their sentence and paying their debt to society, they may still be unable to
pursue certain career paths or opportunities. This can have long-lasting implications for
their professional prospects and overall quality of life.

It is clear that the penalties associated with special disqualification are severe and
should not be taken lightly. Not only do they result in immediate loss of employment
and income, but they can also limit an individual's future prospects and opportunities.
As such, it is important to consider alternative forms of punishment that may better
serve the interests of justice while also mitigating some of these negative
consequences.

Article 32. (Effect of the penalties of perpetual or temporary special

disqualification for the exercise of the right of suffrage)

The right to vote, a fundamental aspect of democracy, is subject to certain limitations in

the Philippines. One such limitation is the imposition of perpetual or temporary special
disqualification for offenders. This means that individuals who have committed certain
offenses may be deprived of their right to vote in any popular election for any public
office or to be elected to such office either permanently or during the term of their
sentence, depending on the nature of the penalty imposed.
Furthermore, those who are subject to special disqualification are also prohibited from
holding any public office during the period of their disqualification. This serves as an
additional consequence and reminder that actions have consequences and that being
entrusted with public service is a privilege that should not be taken lightly.

It is important to note that while the right to vote may be limited in certain
circumstances, it is still a crucial component of democracy and should not be taken
away without just cause. The Philippine government recognizes this and has established
clear guidelines and protocols for imposing special disqualification as a penalty for
specific offenses. By doing so, they aim to maintain the integrity of the electoral process
and ensure that those who hold public office are deserving of such positions.

Article 33. (Effects of the penalties of suspension from any public office,
profession or calling, or the right of suffrage)

When an individual is suspended from their public office, profession, or calling, as well
as being stripped of their right to vote, they are prohibited from holding any of these
positions or exercising this right for the duration of their sentence. Furthermore, if
someone is suspended from a public office, they are not allowed to hold another
position that has similar functions during the period of their suspension. This rule serves
to ensure that those who have been convicted and sentenced for a crime do not
continue to hold positions of power or influence while serving their time. It also
prevents them from potentially abusing their authority in the future. Overall, this
regulation reinforces the importance of accountability and integrity within our society's
institutions.

Article 34. (Civil interdiction)

Civil interdiction is a legal term that refers to the deprivation of certain rights and
privileges of an offender during the duration of their sentence. This includes the loss of
parental authority or guardianship over any ward, as well as the loss of marital
authority. In addition, civil interdiction also involves the restriction or removal of an
individual's right to manage their own property and dispose of it through any means
such as acts or conveyance inter vivos. Essentially, those who are subject to civil
interdiction have limited control over various aspects of their life due to their criminal
actions. It is important to note that civil interdiction serves as a form of punishment and
aims to deter individuals from engaging in criminal behavior by taking away certain
privileges and rights.

Article 35. (Effects of bond to keep the peace)

When a person is sentenced to give bond to keep the peace, there are certain
expectations that must be met. Specifically, this individual must present two sureties
who will vouch for their commitment to refrain from committing any offenses that would
go against the purpose of the bond. These sureties must be sufficient in nature,
meaning that they have enough resources and credibility to provide a reliable
guarantee. In addition to this assurance, the sureties must also agree to pay a
determined amount if the offense is committed, or alternatively deposit said amount
with the court clerk's office as proof of their commitment. This process serves as a
safeguard against potential breaches of peace and helps maintain order in society by
holding individuals accountable for their actions and ensuring that they remain law-
abiding citizens.

Article 36. (Pardon; its effect.)

When a pardon is granted, it does not automatically restore the individual's ability to
hold public office or vote unless specifically stated in the terms of the pardon. It is
important to note that a pardon does not absolve the person from paying any civil
indemnity that was imposed upon them by their sentence. Essentially, a pardon serves
as forgiveness for the crime committed but does not erase all consequences of their
actions. It is crucial to carefully examine the terms and conditions of a pardon before
accepting it to fully understand its implications and limitations.

Article 37. (Cost; What are included)

When it comes to legal proceedings, costs can encompass a variety of fees and
indemnities. These costs may be either fixed or unalterable amounts that have been
predetermined by existing laws or regulations, or they may be amounts that are not
subject to any specific schedule. Regardless of the specific nature of these costs, they
are an important consideration in any legal case and must be carefully accounted for in
order to ensure that all parties involved receive fair compensation for their time and
efforts. Whether you are a plaintiff or defendant, it is important to work closely with
your legal team to accurately assess and manage these costs throughout the course of
your case. By doing so, you can help ensure that you achieve the best possible outcome
while minimizing any financial burdens associated with the legal process.
 Article 38. (Pecuniary liabilities; Order of payment.)

-If the offender's property can't cover all their debts, payment will be made in this
order: 1.
Reparations for damage caused. 2. Compensation for consequential damages. 3. The
fine. 4. The cost of the proceedings.

Article 39("Subsidiary Penalty.")

Article 39 of the law mandates that individuals who are unable to pay their penalties will
face consequences. In the event that no accessory penalties are imposed, a subsidiary
penalty may be enforced by means of imprisonment or confiscation of property. This
provision serves as a reminder that failure to comply with legal obligations can result in
serious repercussions. It is important for individuals to understand the consequences of
non-payment and take necessary action to avoid such penalties. By upholding the law,
society can maintain order and ensure justice for all.

Article 40 ("Death, Physical Injuries, and Rape.)

Article 40 outlines the various crimes that are punishable by death, such as murder and
rape. Nevertheless, it is important to note that the implementation and accessibility of
capital punishment can vary greatly among different regions and legal frameworks.
While some jurisdictions may choose to impose the death penalty for certain offenses,
others may opt for alternative forms of punishment. It is crucial to consider these
discrepancies when examining the use of capital punishment in different contexts.

Article 41. (Reclusion Perpetua and reclusion temporal; Their accessory

penalties.)

The Philippine legal system imposes severe penalties for certain crimes, such as
reclusion perpetua and reclusion temporal. These penalties carry with them civil
interdiction for life or a specific term, as well as perpetual absolute disqualification from
public office, even if the offender is pardoned for the primary penalty. This underscores
the gravity of these offenses and their far-reaching legal and social implications. Article
41 of the law emphasizes the severity of these punishments and their significant impact
on society as a whole. It is crucial to understand the seriousness of such crimes and
their consequences in order to deter individuals from committing them and to ensure
justice is served for victims.
 Article 42. (Prision mayor; Its accessory penalties.)

Article 42 of the Philippine penal code addresses the issue of prolonged pre-trial
detention, which can result in unnecessary suffering for individuals who have not yet
been found guilty of a crime. The article upholds the principle of "presumption of
innocence,"ensuring that suspects are not subject to harsh penalties prior to a
conviction. However, it also outlines severe consequences for those convicted of certain
crimes, including temporary absolute disqualification and perpetual special
disqualification from the right to vote. These penalties may still apply even if an
offender is pardoned as to the principal penalty, unless specifically remitted in the
pardon. By balancing these elements, Article 42 both protects individual rights and
ensures that justice is served for victims and society at large.

Article 43. (Prision correccional; Its accessory penalties).

In the legal system, the penalty of prision correccional comes with additional
consequences if the duration of imprisonment exceeds eighteen months. These
consequences include suspension from public office and the right to pursue a profession
or calling. Additionally, there is perpetual special disqualification from the right to vote.
It's important to note that even if an offender receives a pardon for the principal
penalty, they will still suffer from these disqualifications unless it's explicitly remitted in
the pardon. This serves as a reminder that breaking the law can have long-lasting
effects on one's personal and professional life.

Article 44. (Arresto; Its accessory penalties.)

When an individual is subjected to the penalty of arresto, it comes with the additional
consequence of suspension of their right to hold public office and right to vote for the
duration of their sentence. This means that while serving their time, they are unable to
participate in political affairs or exercise their right to vote. It is important to note that
this punishment is reserved for more serious offenses and serves as a deterrent for
those who may consider committing similar crimes. The suspension of these rights
serves as a reminder of the gravity of the offense committed and reinforces the need for
individuals to act within the bounds of the law.

Article 45. (Confiscation and forfeiture of the proceeds or instruments of the

crime.)

When an individual is penalized for committing a felony, it is important to note that the
consequences extend beyond just the punishment itself. In fact, in accordance with
legal regulations, any proceeds obtained from the crime as well as any tools or
instruments utilized in its commission are subject to forfeiture. This means that they will
be confiscated and forfeited to the government, unless they happen to belong to a third
party who is not responsible for the offense at hand. However, it should be noted that
any items involved in unlawful commerce will ultimately be destroyed. Ultimately, these
measures serve as an additional deterrent to those considering criminal activity, while
also ensuring that justice is served and property rights are upheld.

Chapter Four

APPLICATION OF PENALTIES

Article 46.( Penalty to be imposed upon principals in general.)

- Whenever a felony is committed, those responsible for its commission shall be subject
to the penalty prescribed by law. It is important to note that when the law prescribes a
penalty for a felony in general terms, it applies to the completed crime. This means that
anyone who played a role in committing the offense will face consequences according to
the severity of their involvement. It is crucial for individuals to understand that justice
will be served and penalties will be imposed upon those who violate the law.

Article 47. (In what cases the death penalty shall not be imposed)

The use of capital punishment as a form of punishment in legal cases is subject to the
existing laws. However, there are certain situations where it cannot be imposed. One
such situation is when the guilty person is over seventy years old. Another instance
where the death penalty cannot be imposed is when the Supreme Court reviews or
appeals to the case, and not all members of the court agree on whether or not to
impose this penalty.
In order for the death sentence to be confirmed, or for its imposition, the Supreme
Court must make a decision per curiam - meaning that it will issue an opinion without
an identified author, and all justices of said court must sign it, unless some of them
have been disqualified from taking part in considering the case. If some members have
been disqualified, then only the remaining justices' unanimous vote and signature shall
suffice.
These exceptions to imposing capital punishment ensure that justice is served fairly and
appropriately in every case. It also prevents any unfairness or bias from influencing
judicial decisions regarding life and death matters.

Article 48. Penalty for complex crimes.

In legal terms, if one act is deemed to have committed multiple serious or less serious
felonies, or if an offense is a necessary step in committing another crime, then the
penalty for the most severe offense shall be applied. This penalty will be imposed at its
maximum period. Essentially, this means that if a person has committed multiple crimes
through a single act, they will face the punishment for the most severe crime they have
committed. The law takes into consideration the severity of each crime and imposes the
appropriate penalty accordingly. This ensures that justice is served and that those who
break the law are held accountable for their actions.

Article 49. (Penalty to be imposed upon the principals when the crime
committed is different from that intended.)

In situations where an offender commits a felony that differs from their intended crime,
there are specific guidelines to follow. Firstly, if the penalty for the committed offense is
greater than the one intended, then the maximum punishment for the latter will be
imposed. On the other hand, if the penalty for the committed offense is less severe than
that of the intended crime, then the maximum punishment for the former will be
implemented. These rules ensure that justice is served appropriately and proportionally
in such complex cases. It is crucial to adhere to these regulations to maintain fairness
and integrity within our legal system.

Article 50. (Penalty to be imposed upon principals of a frustrated crime)

In legal terms, when a person attempts to commit a felony but fails to fully execute it,
they are said to have committed a frustrated felony. In such cases, the punishment for
the principal involved will be one degree lower than that which is prescribed by law for
a consummated felony. This means that if an individual's actions constitute multiple
offenses under different provisions of the law, the penalty imposed will be for the most
serious offense. However, if there are accessory penalties associated with the other
offenses, they may also be applied as long as they are deemed appropriate for the case
in question. Therefore, it is important for individuals to understand the legal implications
of their actions and how committing a frustrated felony can still result in significant
penalties and consequences.

Article 51. (Penalty to be imposed upon principals of attempted crimes.)

The legal provision stipulates that if an individual attempts to commit a felony, but fails
to complete the act, they may still face penalty. However, this penalty will be lower by
two degrees than what is prescribed by law for those who actually commit the felony.
This recognizes that there may be situations where individuals are forced or compelled
to engage in unlawful activities due to external factors beyond their control. In such
cases, the law acknowledges that it would be unfair to hold them fully accountable for
their actions and thus provides some leniency in terms of the imposed penalty.
Essentially, this provision seeks to balance justice with compassion and understanding
towards those who may find themselves in difficult circumstances.
 Article 52. Penalty to be imposed upon accomplices in consummated crime.

According to Article 52, if a felony is committed with mitigating circumstances, the court
has the power to impose a penalty that is one or two degrees lower than what is
prescribed by law. This means that even if there is a specific penalty set for a particular
offense, the court can take into account any factors that may have lessened the severity
of the crime. Furthermore, it should be noted that this also applies to accomplices in the
commission of a consummated felony - they too will receive a penalty next lower in
degree than what is prescribed by law. Essentially, this provision allows for some
flexibility in sentencing and ensures that punishment fits the crime while taking into
account any relevant mitigating factors.

Article 53. (Penalty to be imposed upon accessories to the commission of a

consummated felony.)

According to the law, individuals who are considered accessories to the commission of a

consummated felony are subject to a penalty that is two degrees lower than what is
prescribed for the actual perpetration of the crime. However, it is important to note that
any modifying circumstance must be taken into account when determining the
appropriate penalty. Additionally, it is specified that courts must impose penalties within
the range of what is prescribed by law, without taking into consideration specific periods
for each type of penalty. This emphasizes the importance of fair and just sentencing
practices, as well as ensuring that all relevant factors are considered in determining an
appropriate punishment for those who have committed criminal acts.

Article 54. (Penalty to imposed upon accomplices in a frustrated crime.)

If a felony is attempted but not completed, those who assisted in the attempt will be
subject to a penalty one degree lower than the prescribed punishment for the actual
crime. This applies to all accomplices involved in the commission of an unsuccessful
felony. Essentially, if someone helps plan or execute a crime that doesn't come to
fruition, they can still face legal consequences. The purpose of this law is to discourage
individuals from participating in criminal activities and to hold them accountable even if
the crime is not successfully carried out. It's important for society to have measures in
place that discourage criminal behavior and ensure that justice is served.

Article 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.

In summary, Article 55 of the Revised Penal Code outlines the limitations of pardon in
restoring certain civil and political rights, emphasizing that these rights must be
separately reinstated even after being granted a pardon.

Article 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.

The purpose of this provision is to ensure that an individual does not receive multiple
penalties for a single act. It establishes a hierarchy of penalties, ensuring that the most
severe punishment is applied when multiple offenses arise from a single act. This
serves to uphold the principles of proportionality and fairness in the administration of
justice.

Article 57.( Penalty to be imposed upon accessories of an attempted

crime) The penalty lower by two degrees than that prescribed by law for the
attempted felony shall be imposed upon the accessories to the attempt to commit a
felony.

In summary, Article 57 of the Revised Penal Code serves as a guideline for determining
the appropriate penalty to be imposed when multiple offenses or modifying
circumstances are involved in a criminal act.

Article 58. (Additional penalty to be imposed upon certain accessories)

Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code
who should act with abuse of their public functions, shall suffer the additional penalty of
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.

The article is crucial in maintaining consistency and fairness in the application of

penalties within the Philippine legal system. By providing clear instructions on how to
handle specific situations regarding penalty imposition, it contributes to upholding the
rule of law and ensuring that justice is served.

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 from 200 to 500 pesos.

Moreover, this article underscores the importance of considering mitigating and

aggravating circumstances in criminal cases. It ensures that factors such as intent,
degree of participation, and other relevant considerations are taken into account when
determining the appropriate penalty. This aligns with principles of fairness and justice
within the legal system.

Article 60. (Exception 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.

The presumption of malice, as stated in Article 60 of the RPC, is a legal presumption

that arises when the offense involves the use of a deadly weapon, or when the victim
dies as a result of the offense. This presumption is crucial because it shifts the burden
of proof from the prosecution to the accused. In other words, it becomes the
responsibility of the accused to prove that they did not act with malice or intent to kill.

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
asprincipals of any frustrated or attempted felony, or as accomplices or accessories, the
following rules shall be observed:

Aims to uphold the principle of proportionality in imposing penalties for criminal acts. It
ensures that individuals are held accountable for the most serious offense they have
committed and prevents them from receiving multiple penalties for interconnected
crimes arising from a single act.

Article 62. (Effect 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:
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.

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

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 court shall
observe for the application of the penalty the following rules, according to whether
there are or are not mitigating or aggravating circumstances:

n favor of the Government, unless they be property of a third person not liable for the
offense, but those articles which are not subject of lawful commerce shall be destroyed.

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 of 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 circumstances 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 prision 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 paragraphs 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 Article 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 sentence)

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, the following rules
shall be observed:

In the imposition of the penalties, 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.

Article 71. (Graduated scales)

In the case in which the law prescribed a penalty lower or higher by one or more
degrees than another given penalty, the rules prescribed in Article 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:

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 judgments rendered against him,
beginning with the first in order of time.

Section Three. - Provisions common in the last two preceding sections

Article 73. (Presumption in regard to the imposition of accessory penalties)

Whenever the courts shall impose a penalty which, by provision of law, carries with it
other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this
Code, it must be understood that the accessory penalties are also imposed upon the
convict.

Article 74. (Penalty higher than reclusion perpetua in certain cases.)

In cases in which the law prescribes a penalty higher than another given penalty,
without specially designating the name of the former, if such higher penalty should be
that of death, the same penalty and the accessory penalties of Article 40, shall be
considered as the next higher penalty.

Article 75. (Increasing or reducing the penalty of fine by one or more

degrees)
 Whenever it may be necessary to increase or reduce the penalty of fine by one or more
degrees, it shall be increased or reduced, respectively, for each degree, by onefourth of
the maximum amount prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed
amount, but are made proportional.

Article 76.( 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:

Article 77.( 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 Code, the periods shall be distributed, applying by analogy the prescribed rules.

Chapter Five

EXECUTION AND SERVICE OF PENALTIES

Section One. - General Provisions

Article 78. (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.

In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be
observed with regard to the character of the work to be performed, the time of its
performance, and other incident connected therewith, the relations of the convicts
among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different
institutions, or at least into different departments and also for the correction and reform
of the convicts.

Article 79. (Suspension of the execution and service of the penalties in case
of insanity.)

- When a convict shall become insane or an imbecile after final sentence has been
pronounced, the execution of said sentence shall be suspended only with regard to the
personal penalty, the provisions of the second paragraph of circumstance number 1 of
Article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed,
unless the penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or
imbecility occurs while the convict is serving his sentence.

Article 80.( Suspension of sentence of minor delinquents)

Whenever a minor of either sex, under sixteen years of age at the date of the
commission of a grave or less grave felony, is accused thereof, the court, after hearing
the evidence in the proper proceedings, instead of pronouncing judgment of conviction,
shall suspend all further proceedings and shall commit such minor to the custody or
care of a public or private, benevolent or charitable institution, established under the
law of the care, correction or education of orphaned, homeless, defective, and
delinquent children, or to the custody or care of any other responsible person in any
other place subject to visitation and supervision by the Director of Public Welfare or any
of his agents or representatives, if there be any, or otherwise by the superintendent of
public schools or his representatives, subject to such conditions as are prescribed

herein below until such minor shall have reached his majority age or for such less
period as the court may deem proper.

Section Two. - Execution of principal penalties.

Article 81. (When and how the death penalty is to be executed)

The death sentence shall be executed with reference to any other and shall consist in
putting the person under sentence to death by electrocution.

The death sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of
the electrocution.

Article 82. (Notification and execution of the sentence and assistance to the
culprit)

The court shall designate a working day for the execution but not the hour thereof; and
such designation shall not be communicated to the offender before sunrise of said day,
and the execution shall not take place until after the expiration of at least eight hours
following the notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, in so far as possible, be furnished such
assistance as he may request in order to be attended in his last moments by priests or
ministers of the religion he professes and to consult lawyers, as well as in order to
make a will and confer with members of his family or persons in charge of the
management of his business, of the administration of his property, or of the care of his
descendants.

Article 83.( Suspension of the execution of the death sentence)

The death sentence shall not be inflicted upon a woman within the three years next
following the date of the sentence or while she is pregnant, nor upon any person over
seventy years of age. In this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties provided in Article 40.

Article 84.( Place of execution and persons who may witness the same)

The execution shall take place in the penitentiary of Bilibid in a space closed to the
public view and shall be witnessed only by the priests assisting the offender and by his
lawyers, and by his relatives, not exceeding six, if he so request, by the physician and
the necessary personnel of the penal establishment, and by such persons as the
Director of Prisons may authorize.

Article 85. (Provisions relative to the corpse of the person executed and its
burial)

.Unless claimed by his family, the corpse of the culprit shall, upon the completion of the
legal proceedings subsequent to the execution, be turned over to the institute of
learning or scientific research first applying for it, for the purpose of study and
investigation, provided that such institute shall take charge of the decent burial of the
remains. Otherwise, the Director of Prisons shall order the burial of the body of the
culprit at government expense, granting permission to be present thereat to the
members of the family of the culprit and the friends of the latter. In no case shall the
burial of the body of a person sentenced to death be held with pomp.

Article 86. (Reclusion perpetua, reclusion temporal, prision mayor, prision

correccional and arresto mayor)

The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision

correccional and arresto mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which may be provided
by law in the future.

Article 87. (Destierro.)

Any person sentenced to destierro shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein specified, which shall be not
more than 250 and not less than 25 kilometers from the place designated.

Article 88. (Arresto menor. )

The penalty of arresto menor shall be served in the municipal jail, or in the house of the
defendant himself under the surveillance of an officer of the law, when the court so
provides in its decision, taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.

Article 89. (How criminal liability is totally extinguished)

liability Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary

penalties, 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;
5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Article 90. (Prescription of crime)

Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in

twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those
punishable by a correctional penalty shall prescribe in ten years; with the exception of
those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses 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. (As amended by RA 4661, approved June 19, 1966).

Article 91. (Computation of prescription of offenses)-

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 filing of the complaint or information, 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.

The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

Article 92. (When and how penalties prescribe.)

The penalties imposed by final sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;

4. Light penalties, in one year.

 Article 93.(Computation of the prescription of penalties)

-The period of prescription of penalties shall commence to run from the date when the
culprit should evade the service of his sentence, and it shall be interrupted if the
defendant should give himself up, be captured, should go to some foreign country with
which this Government has no extradition treaty, or should commit another crime
before the expiration of the period of prescription.

Chapter Two

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Article 94. (Partial Extinction of criminal liability)

Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his
sentence.

Article 95. (Obligation incurred by person granted conditional pardon)

Any person who has been granted conditional pardon shall incur the obligation of
complying strictly with the conditions imposed therein otherwise, his non-compliance
with any of the conditions specified shall result in the revocation of the pardon and the
provisions of Article 159 shall be applied to him.

Article 96. (Effect of commutation of sentence)

The commutation of the original sentence for another of a different length and nature
shall have the legal effect of substituting the latter in the place of the former.

Article 97.( Allowance for good conduct)

The good conduct of any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of
five days for each month of good behavior;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for each month of good behavior;

3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten days for each month of good behavior; and

4. During the eleventh and successive years of his imprisonment, he shall be

allowed a deduction of fifteen days for each month of good behavior.

Article 98. (Special time allowance for loyalty)

A deduction of one-fifth of the period of his sentence shall be granted to any prisoner
who, having evaded the service of his sentence under the circumstances mentioned in
Article 58 of this Code, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe
to in said article.

Article 99. (Who grants time allowances)

Whenever lawfully justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked.

CIVIL LIABILITY

Chapter One

PERSON CIVILLY LIABLE FOR FELONIES

Article 100. (Civil liability of a person guilty of felony)

Every person criminally liable for a felony is also civilly liable.

Article 101( Rules regarding civil liability in certain cases)

The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of
Article 12 and in subdivision 4 of Article 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 12, the civil liability for acts
committed by an imbecile or insane person, and by a person under nine years of age,
or by one over nine (9) but under fifteen (15) years of age, who has acted without
discernment, shall devolve upon those having such person under their legal authority or
control, unless it appears that there was no fault or negligence on their part.

Should there be no person having such insane, imbecile or minor under his authority,
legal guardianship or control, or if such person be insolvent, said insane, imbecile, or
minor shall respond with their own property, excepting property exempt from execution,
in accordance with the civil law.

Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit
the harm has beenprevented shall be civilly liable in proportion to the benefit which
they may have received.

The courts shall determine, in 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 damages have 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 12, the persons using
violence or causing the fears shall be primarily liable and secondarily, or, if there be no
such persons, those doing the act shall be liable, saving always to the latter that part of
their property exempt from execution.

Article 102.( Subsidiary civil liability of innkeepers, tavernkeepers and

proprietors of establishments)

In default of the persons criminally liable, innkeepers, tavernkeepers, 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 police regulation shall have been committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or
theft within their houses from guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in advance the innkeeper himself,
or the person representing him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such innkeeper or his representative
may have given them with respect to the care and vigilance over such goods. No
liability shall attach in case of robbery with violence against or intimidation of persons
unless committed by the innkeeper's employees.

Article 103. Subsidiary civil liability of other persons.

The subsidiary liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind of industry for
felonies committed by their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.