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1st. The penalty of prision correccional in its 1st. The penalty of prisin correccional in its
maximum period to prision mayor in its minimum maximum period to prisin mayor in its minimum
period, if the amount of the fraud is over 12,000 period, if the amount of the fraud is over Two
pesos but does not exceed 22,000 pesos, and if such million four hundred thousand pesos (P2,400,000)
amount exceeds the latter sum, the penalty but does not exceed Four million four hundred
provided in this paragraph shall be imposed in its thousand pesos (P4.400.000), and if such amount
maximum period, adding one year for each exceeds the latter sum, the penalty provided in this
additional 10,000 pesos; but the total penalty which paragraph shall be imposed in its maximum period,
may be imposed shall not exceed twenty years. In adding one year for each additional Two million
such cases, and in connection with the accessory pesos (P2,000,000); but the total penalty which
penalties which may be imposed under the may be imposed shall not exceed twenty years. In
provisions of this Code, the penalty shall be termed such cases, and in connection with the accessory
prision mayor or reclusion temporal, as the case penalties which may be imposed and for the
may be. purpose of the other provisions of this Code, the
penalty shall be termed prisin mayor or reclusion
temporal, as the case may be.

2nd. The penalty of prision correccional in its 2nd. The penalty of prisin correccional in its
minimum and medium periods, if the amount of the minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed fraud is over One million two hundred thousand
12,000 pesos; pesos (P1,200,000) but does not exceed Two
million four hundred thousand pesos (P2,400,000).

3rd. The penalty of arresto mayor in its maximum "3rd. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period to prisin correccional in its minimum
period if such amount is over 200 pesos but does period, if such amount is over Forty thousand pesos
not exceed 6,000 pesos; and (P40,000) but does not exceed One million two
hundred thousand pesos (P 1,200,000).

4th. By arresto mayor in its maximum period, if "4th. By arresto mayor in its medium and
such amount does not exceed 200 pesos, provided maximum periods, if such amount does not exceed
that in the four cases mentioned, the fraud be Forty thousand pesos (P40,000): Provided, That in
committed by any of the following means: the four cases mentioned, the fraud be committed
by any of the following means:

1. With unfaithfulness or abuse of confidence, "1. With unfaithfulness or abuse of confidence,


namely: namely:

(a) By altering the substance, quantity, or quality or "(a.) By altering the substance, quantity, or quality
anything of value which the offender shall deliver of anything of value which the offender shall
by virtue of an obligation to do so, even though deliver by virtue of an obligation to do so, even
such obligation be based on an immoral or illegal though such obligation be based on an immoral or
consideration. illegal consideration.

(b) By misappropriating or converting, to the (b) By misappropriating or converting, to the


prejudice of another, money, goods, or any other prejudice of another, money, goods, or any other
personal property received by the offender in trust personal property received by the offender in trust
or on commission, or for administration, or under or on commission, or for administration, or under
any other obligation involving the duty to make any other obligation involving the duty to make
delivery of or to return the same, even though such delivery of or to return the same, even though such
obligation be totally or partially guaranteed by a obligation be totally or partially guaranteed by a
bond; or by denying having received such money, bond: or by denying having received such money,
goods, or other property. goods, or other property.

(c) By taking undue advantage of the signature of (c) By taking undue advantage of the signature of
the offended party in blank, and by writing any the offended party in blank, and by writing any
document above such signature in blank, to the document above such signature in blank, to the
prejudice of the offended party or of any third prejudice of the offended party or any third person.
person.

2. By means of any of the following false pretenses 2. By means of any of the following false
or fraudulent acts executed prior to or pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud: simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending "(a) By using fictitious name, or falsely pretending
to possess power, influence, qualifications, to possess power, influence, qualifications,
property, credit, agency, business or imaginary property, credit, agency, business or imaginary
transactions, or by means of other similar deceits. transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of (b) By altering the quality, fineness or weight of
anything pertaining to his art or business. anything pertaining to his art or business.

(c) By pretending to have bribed any Government (c) By pretending to have bribed any Government
employee, without prejudice to the action for employee, without prejudice to the action for
calumny which the offended party may deem calumny which the offended party- may deem
proper to bring against the offender. In this case, proper to bring against the offender. In this case,
the offender shall be punished by the maximum the offender shall be punished by the maximum
period of the penalty. period of the penalty.

(d) [By post-dating a check, or issuing a check in (d) By postdating a check, or issuing a check in
payment of an obligation when the offender therein payment of an obligation when the offender had no
were not sufficient to cover the amount of the funds in the bank, or his funds deposited therein
check. The failure of the drawer of the check to were not sufficient to cover the amount of the
deposit the amount necessary to cover his check check. The failure of the drawer of the check to
within three (3) days from receipt of notice from deposit the amount necessary to cover his check
the bank and/or the payee or holder that said check within three (3) days from receipt of notice from
has been dishonored for lack of insufficiency of the bank and/or the payee or holder that said check
funds shall be prima facie evidence of deceit has been dishonored for lack or insufficiency of
constituting false pretense or fraudulent act. (As funds shall be prima facie evidence of deceit
amended by R.A. 4885, approved June 17, 1967.)] constituting false pretense or fraudulent act.

'"Any person who shall defraud another by- means


of false pretenses or fraudulent acts as defined in
paragraph 2(d) hereof shall be punished by:

1st. The penalty of reclusion temporal in its


maximum period, 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
reclusion perpetua-

2nd. The penalty of reclusion temporal in its


minimum and medium periods, 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 prisin mayor in its maximum


period, if the amount of the fraud is over One
million two hundred thousand pesos (P1,200,000)
but does not exceed Two million four hundred
thousand pesos (P2.400,000).

4th. The penalty of prisin mayor in its medium


period, if such amount is over Forty thousand pesos
(P40,000) but does not exceed One million two
hundred thousand pesos (PI,200,000).

"5th. By prisin mayor in its minimum period, if


such amount does not exceed Forty thousand pesos
(P40,000).

(e) By obtaining any food, refreshment or [removed]


accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the
like without paying therefor, with intent to defraud
the proprietor or manager thereof, or by obtaining
credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of
any false pretense, or by abandoning or
surreptitiously removing any part of his baggage
from a hotel, inn, restaurant, boarding house,
lodging house or apartment house after obtaining
credit, food, refreshment or accommodation therein
without paying for his food, refreshment or
accommodation.

3. Through any of the following fraudulent means: 3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign "(a) By inducing another, by means of deceit, to
any document. sign any document.

(b) By resorting to some fraudulent practice to (b) By resorting to some fraudulent practice to
insure success in a gambling game. insure success in a gambling game.

(c) By removing, concealing or destroying, in "(c) By removing, concealing or destroying, in


whole or in part, any court record, office files, whole or in part, any court record, office files,
document or any other papers. document or any other papers.

Art. 365. Imprudence and negligence. Any ART. 365. Imprudence and negligence. - Any
person who, by reckless imprudence, shall commit person who, by reckless imprudence, shall commit
any act which, had it been intentional, would any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of constitute a grave felony, shall suffer the penalty of
arresto mayor in its maximum period to prision arresto mayor in its maximum period to prisin
correccional in its medium period; if it would have correccional in its medium period: if it would have
constituted a less grave felony, the penalty of constituted a less grave felony, the penalty of
arresto mayor in its minimum and medium periods arresto mayor in its minimum and medium periods
shall be imposed; if it would have constituted a shall be imposed; if it would have constituted a
light felony, the penalty of arresto menor in its light felony, the penalty of arresto menor in its
maximum period shall be imposed. maximum period shall be imposed.

Any person who, by simple imprudence or Any person who, by simple imprudence or
negligence, shall commit an act which would negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and penalty of arresto mayor in its medium and
maximum periods; if it would have constituted a maximum periods; if it would have constituted a
less serious felony, the penalty of arresto mayor in less serious felony, the penalty of arresto mayor in
its minimum period shall be imposed. its minimum period shall be imposed.

When the execution of the act covered by this When the execution of the act covered by this
article shall have only resulted in damage to the article shall have only resulted in damage to the
property of another, the offender shall be punished property of another, the offender shall be punished
by a fine ranging from an amount equal to the value by a fine ranging from an amount equal to the value
of said damages to three times such value, but of said damages to three (3) times such value, but
which shall in no case be less than twenty-five which shall in no case be less than Five thousand
pesos. pesos (P5,000).

A fine not exceeding two hundred pesos and A fine not exceeding Forty thousand pesos
censure shall be imposed upon any person who, by (P40,000) and censure shall be imposed upon any
simple imprudence or negligence, shall cause some person, who, by simple imprudence or negligence,
wrong which, if done maliciously, would have shall cause some wrong which, if done maliciously,
constituted a light felony. would have constituted a light felony.

In the imposition of these penalties, the court shall In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to exercise their sound discretion, without regard to
the rules prescribed in Article sixty-four. the rules prescribed in Article 64.

The provisions contained in this article shall not be The provisions contained in this article shall not be
applicable: applicable:

1. When the penalty provided for the offense is 1. When the penalty provided for the offense is
equal to or lower than those provided in the first equal to or lower than those provided in the first
two paragraphs of this article, in which case the two (2) paragraphs of this article, in which case the
court shall impose the penalty next lower in degree court shall impose the penalty next lower in degree
than that which should be imposed in the period than that which should be imposed in the period
which they may deem proper to apply. which they may deem proper to apply.

2. When, by imprudence or negligence and with 2. When, by imprudence or negligence and with
violation of the Automobile Law, to death of a violation of the Automobile Law, the death of a
person shall be caused, in which case the defendant person shall be caused, in which case the defendant
shall be punished by prision correccional in its shall be punished by prisin correccional in its
medium and maximum periods. medium and maximum periods.

Reckless imprudence consists in voluntary, but Reckless imprudence consists in voluntarily, but
without malice, doing or falling to do an act from without malice, doing or failing to do an act from
which material damage results by reason of which material damage results by reason of
inexcusable lack of precaution on the part of the inexcusable lack of precaution on the part of the
person performing of failing to perform such act, person performing or failing to perform such act,
taking into consideration his employment or taking into consideration his employment or
occupation, degree of intelligence, physical occupation, degree of intelligence, physical
condition and other circumstances regarding condition and other circumstances regarding
persons, time and place. persons, time and place.

Simple imprudence consists in the lack of Simple imprudence consists in the lack of
precaution displayed in those cases in which the precaution displayed in those cases in which the
damage impending to be caused is not immediate damage impending to be caused is not immediate
nor the danger clearly manifest. nor the danger clearly manifest.

The penalty next higher in degree to those provided The penalty next higher in degree to those provided
for in this article shall be imposed upon the for in this article shall be imposed upon the
offender who fails to lend on the spot to the injured offender who fails to lend on the spot to the injured
parties such help as may be in this hand to give. parties such help as may be in his hands to give.