ARTICLE 16.

PRINCIPALS- THE FOLLOWING

ARE CONSIDERED PRINCIPALS:

1. THOSE WHO TAKE A DIRECT PART IN THE

EXECUTION OF THE ACT. (PRINCIPALS OF
DIRECT PARTICIPATION)
REQT:
THOSE PARTICIPATED IN THE
CRIMINAL RESOLUTION
THOSE WHO CARRIED OUR THEIR
PLAN, AND PERSONALLY TOOK DIRECT
PARTICIPATION IN ITS EXECUTION

2. THOSE WHO DIRECTLY FORCE OR

INDUCEMENT. (PRINCIPALS OF INDUCEMENT)
REQT:
THAT THE INDUCEMENT BE MADE
DIRECTLY WITH THE INTENTION OF
PROCURING THE COMMISSION OF THE
OFFENSE
THAT SUCH INDUCEMENT BE THE
DETERMINING CASE OF THE COMMISSION OF
THE OFFENSE BY THE MATERIAL EXECUTOR

3. THOSE WHO COOPERATE IN THE

COMMISSION OF THE OFFENSE BY ANOTHER
ACT WHICH WITHOUT IT WOULD NOT HAVE
BEEN ACCOMPLISHED.
(PRINCIPALS BY INDISPENSIBLE
COOPERATION)
REQT:
PARTICIPATION IN THE CRIMINAL
RESOLUTION, THAT IS, THERE IS, EITHER
INTERIOR CONSPIRACY AND UNITY OF
PURPOSE OR INTENTION
IMMEDIATELY BEFORE THE
COMMISSION OF THE CRIME CHARGED.
COOPERATION IN THE COMMISSION
OF THE OFFENSE BY PERFORMING ANOTHER
ACT WITHOUT IT WOULD NOT HAVE BEEN ACC

ARTICLE 17. ACCOMPLICES ARE PERSON WHO,

ARE NOT BEING INCLUDED IN ARTICLE 16,
COOPERATE IN THE EXECUTION OF THE
OFFENSE BY
PREVIOUS AND SIMULTANEOUS
ACT.
REQT:
THAT THERE MUST BE A
COMMUNITY OF DESIGN, THAT IS, KNOWING
THE CRIMINAL DESIGN OF THE PRINCIPALS OF
DIRECT PARTICIPATION, HE
CONCURS WITH THE LATTER OF HIS
PURPOSE.
THAT HE COOPERATED IN THE
EXECUTION OF THE OFFENSE BY PREVIOUS
AND SIMULTANEOUS ACT WITH THE
INTENTION OF SUPPLYING
THE MATERIAL AND MORAL AID, IN
THE EXECUTION OF THE CRIME IN AN
EFFICACIOUS WAY.
THAT THERE IS RELATION
BETWEEN THE ACT DONE BY THE PRINCIPAL
AND THOSE ATTRIBUTED TO THE PERSON
CHARGED AS ACCOMPLICE

ARTICLE 18. ACCESSORIES ARE THOSE WHO,

HAVING THE KNOWLEDGE OF THE
COMMISSION OF THE CRIME, AND WITHOUT
HAVING PARTICIPATED THERE IN, EITHER AS
PRINCIPAL OR ACCOMPLICES, TAKE PART
SUBSEQUENT TO ITS COMMISSION IN ANY OF
THE FF MANNERS:

1. BY PROFITING THEMSELVES OR
ASSISTING THE OFFENDER TO PROFIT BY THE
EFFECTS OF THE CRIME.
2. BY CONCEALING OR DESTROYING THE
BODY OF THE CRIME OR THE EFFECTS OR
INSTRUMENT THEREOF, IN ORDER TO
PREVENT ITS DISCOVERY.
3. BY HARBORING, CONCEALING, OR
ASSISTING IN THE ESCAPE OF THE PRINCIPAL
OF THE CRIME, WITH ABUSE OF HIS PUBLIC
FUNCTION OR
WHENEVER THE AUTHOR OF THE
CRIME IS GUILTY OF TREASON, PARRICIDE,
MURDER, OR ATTEMPT TO TAKE THE LIFE OF
THE CHIEF
EXECUTIVE OR IS KNOWN TO BE
HABITUALLY GUILTY OF SOME OTHER CRIME

FENCING IS AN ACT OF ANY PERSON WHO,

WITH THE INTENT TO GAIN FOR HIMSELF OR
FOR ANOTHER SHALL BUY, RECEIVE,
POSSESS, KEEP, ACQUIRE, CONCEAL, SELL OR
DISPOSE OF, OR SHALL BUY AND SELL, OR IN
ANY OTHER MANNER DEAL IN ANY ARTICLE,
ITEM, OBJECT, OR ANYTHING
IN VALUE WHICH HE KNOWS OR KNOWN TO
HIM TO HAVE BEEN DERIVED FROM THE
PROCEEDS OF THE CRIME OF ROBBERY OR
THEFT.
A PERSON IS CONSIDERED HABITUAL
DELINQUENT IF WITHIN THE PERIOD OF TEN
YEARS AFTER HIS LAST CONVICTION OR LAST
RELEASE OF THE
CRIME OF SERIOUS OR LESS SERIOUS
PHYSICAL INJURIES, ROBBERY, THEFT, ESTAFA
OR FALSIFICATION, HE IS FOUND GUILTY OF
SAID CRIMES
A THIRD TIME OR OFTENER.

ARTICLE 27. DURATION OF PENALTIES. THE

PENALTY OF RECLUSION PERPETUA SHALL BE
FROM 20 YRS AND ONE DAY TO 40 YRS
THE PENALTY FOR RECLUSION TEMPORAL
SHA

ARTICLE 29. PREVENTIVE IMPRISONMENT.

THE ACCUSED UNDERGOES PREVENTIVE
IMPRISONMENT IF THE OFFENSE CHARGED IS
NONBAILABLE OR EVEN IF BAILABLE HE
CAN NOT FURNISHED THE REQUIRED BAIL.

ARTICLE 39 SUBSIDIARY PENALTY

IT IS THE SUBSIDIARY PERSONAL LIABILITY
TO BE SUFFERED BY THE CONVICT WHICH DO
NOT HAVE PROPERTY WITH WHICH MEET THE
FINE,
AT THE RATE OF ONE DAY OF EACH AMOUNT
EQUIVALENT TO THE HIGHEST MINIMUM WAGE
PREVAILING IN THE PHIL AT THE TIME OF THE
RENDITION OF JUDGMENT OF CONVICTION BY
THE TRIAL.

ART. 38 PENALTY OF COMPLEX CRIME

COMPOUND CRIME, WHEN A SINGLE ACT

CONSTITUTE TWO OR MORE GRAVE OR LESS
GRAVE FELONIES.
1. THAT ONLY SINGLE ACT PERFORMED BY
THE OFFENDER.
2. THAT THE SINGLE ACT PRODUCED, (1)
TWO OR MORE GRAVE FELONIES
(2) ONE
OR MORE GRAVE AND ONE OR MORE LESS
GRAVE FELONIES
(3) TWO
OR MORE LESS GRAVE FELONIES

OR
COMPLEX CRIME PROPER, WHEN AN OFFENSE
IS NECESSARY OF COMMITTING THE OTHER,
THE PENALTY OF THE MOST SERIOUS CRIME
SHALL BE IMPOSED, THE SAME TO BE APPLIED
IN ITS MAXIMUM PERIOD
1. THTAT AT LEAST TWO OFFENSES ARE
COMMITTED
2. THAT ONE OR SOME OF THE OFFENSES
MUST BE NECESSARY TO COMMIT THE OTHER
3. THAT BOTH OR ALL OF THE OFFENSES
ARE PUNISHED UNDER THE SAME STATUTE

ARTICLE 89. CRIMINAL LIABILITY IS TOTALLY

EXTINGUISHED:
BY THE DEATH OF THE CONVICT, AS TO
PERSONAL LIABILITY, AND AS TO PECUNIARY
PENALTIES, LIABILITY THEREFORE IS
EXTINGUISHED ONLY WHEN THE DEATH OF
THE OFFENDER OCCURS BEFORE THE FINAL
JUDGMENT.

BY SERVICE OF THE SENTENCE

BY AMNESTY, WHICH EXTINGUISHES THE THE

PENALTY AND ITS EFFECT

BY ABSOLUTE PARDON
BY PRESCRIPTION OF THE CRIME

BY PRESCRIPTION OF THE PENALTY

BY THE MARRIAGE OF THE OFFENDED WOMEN,

AS PROVIDED IN ARTICLE 344 OF THIS CODE.

ARTICLE 90. PRESCRIPTION OF THE CRIME.

CRIME PUNISHABLE BY DEATH, RECLUSION
PERPETUAL, RECLUSION TEMPORAL SHALL
PRESCRIBE IN 20 YRS

CRIME PUNISHABLE BY OTHER AFFLICTIVE

PENALTY SHALL PRESCRIBE IN 15 YRS

THOSE PUNISHABLE OF CORRECCIONAL

PENALTY SHALL PRESCRIBE IN 10 YRS, WITH
THE EXCEPTION OF THOSE PUNISHABLE OF
ARRESTO
MAYOR, WHICH IS PRESCRIBE IN 5 YRS

THE CRIME OF LIBEL AND OTHER SIMILAR

OFFENSES SHALL PRESCRIBE IN 1 YR

THE OFFENSES OF ORAL DEFAMATION AND

SLANDER BY DEED SHALL PRESCRIBE IN 6
MOS

LIGHT OFFENSES PRESCRIBE IN 2 MOS.

WHEN THE PENALTY FIXED BY LAW IS

COMPOUND ONE, THE HIGHEST PENALTY
SHALL BE MADE THE BASIS OF THE
APPLICATION OF THE RULES
CONTAINED IN 1ST 2ND AND 3RD PARAGRAPH
OF THIS ARTICLE

ARTICLE 91. COMPUTATION OF PRESCRIPTION

OF OFFENSE.
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 COMPLAINT OR INFORMATION AND SHALL
COMMENCE TO RUN AGAIN WHEN SUCH
PROCEEDINGS TERMINATE WITHOUT THE
ACCUSED BEING CONVICTED OR ACQUITTED,
OR A UNJUSTIFIABLY STOPPED BY ANY
REASON NOT IMPUTABLE TO HIM
THE TERM OF PRESCRIPTION SHALL NOT RUN
WHEN THE OFFENDER IS ABSENT FROM THE
PH ARCHIPELAGO

ARTICLE 92. WHEN AND HOW PENALTIES

PRESCRIBE.
THE PENALTIES IMPOSED BY FINAL SENTENCE
PRESCRIBE AS FOLLOWS:

1. DEATH, RECLUSION PERPETUA, IN 20 YRS

2. OTHER AFFLICTIVE PENALTIES, IN 15 YRS
3. CORRECCIONAL PENALTIES, IN 10 YRS,
WITH THE EXCEPTION OF PENALRY OF
ARRESTO MAYOR, IN 5 YRS
4. LIGHT OFFENSES, IN 1 YR

ARTICLE 93. COMPUTATION OF 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 FOREIGN
COUNTRY OVER WHICH THIS GOVERNMENT
HAS NO EXTRADITION TREATY, OR SHOULD
COMMIT AGAIN ANOTHER CRIME BEFORE THE
EXPIRATION OF PERIOD OF PRESCRIPTION