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Aggravating, exempting and Public

Fine is not
more than Suspension or
Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión
Crime mitigating circumstances censure (unless disqualification perpetua
Death
specified) Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max

Treason ₱4,000,000 Yes

Conspiracy to commit treason ₱2,000,000 Yes

Proposal to commit treason ₱1,000,000 Yes

If a public officer Yes


Espionage
All other cases Yes

Inciting to war or giving If a public officer Yes


motives for reprisals If a private individual Yes

Violation of neutrality Yes

If prohibited by the government Yes

If correspondence was carried on in


Yes
ciphers or conventional signs
Correspondence with hostile If information given might be useful to
country Yes
the enemy

If information given might be useful to


the enemy, and offender intended to aid Yes
the enemy

Flight to enemy country Yes

Piracy in general and mutiny on the high seas Yes

Qualified piracy Yes

Detention has not exceeded three days Yes

Detention is more than three days, but


Yes
less than 15 days
Arbitrary detention Detention is more than 15 days, but less
Yes
than six months

Detention has exceeded more than six


Yes
months

Delay in the delivery of detained persons to the proper judicial


authorities. Same as above penalties for arbitrary detention.
Delaying release

Expulsion Yes

If committed at night-time, or if any


papers or effects not constituting
evidence of a crime be not returned Yes
Violation of domicile immediately after the search made by the
offender

All other cases Yes

Search warrants maliciously obtained and abuse in the service of those


₱200,000 Yes
legally obtained

Searching domicile without witnesses Yes

Prohibition, interruption and dissolution of peaceful meetings Yes

Interruption of religious If committed with violence or threats Yes


worship All other cases Yes

Offending the religious feelings Yes

Rebellion or insurrection Offender promotes, maintains, or heads ₱20,000 Yes


Offender merely participating or
Yes
executing the commands of others

Offender leads or in any manner directs


Yes
or commands others

If a public officer participates, or


executes directions or commands of Yes
Coup d'etat
others

If not a public officer, and participates, or


executes directions or commands of Yes
others

Conspiracy and proposal to commit coup d'etat' ₱1,000,000 Yes

Conspiracy and proposal to commit rebellion' ₱1,000,000 Yes

Conspiracy and proposal to commit insurrection' ₱400,000 Yes

Disloyalty of public officers or employees Yes

Inciting a rebellion or insurrection Yes

If leader ₱2,000,000 Yes


Sedition
Other participants ₱1,000,000 Yes

Conspiracy to commit sedition ₱400,000 Yes

Inciting to sedition ₱400,000 Yes

₱40,000 to
Act tending to prevent the meeting of the Assembly and similar bodies Yes
₱400,000

Disturbance of proceedings ₱200,000 Yes

Violation of parliamentary immunity Yes

If leader Yes

Illegal assemblies If present Yes

If present, and armed Yes

If founders, directors, and presidents ₱200,000 Yes


Illegal associations
If members Yes

If assault is committed with a weapon, or


₱200,000 Yes
Direct assaults against a person of authority

All other cases ₱100,000 Yes

Indirect assaults ₱100,000 Yes

₱40,000 to
Disobedience to summons Yes
₱200,000

Resistance and Resist or seriously disobey ₱100,000 Yes


disobedience to a person in
authority Not of a serious nature ₱2,000 to ₱20,000 Yes

If serious disturbance ₱200,000 Yes

If serious disturbance is of tumultuous


Yes
character
Tumultuous disturbance or
interruption liable to cause If offender make any outcry tending to
disturbance incite rebellion or sedition or in such Yes
place shall display placards or emblems

If offender buries with pomp the body of


₱40,000 Yes
a person who has been legally executed

₱40,000 to
Unlawful use of means of publication and unlawful utterances Yes
₱200,000

Alarms and scandals ₱40,000 Yes


If offender removes from any jail or penal
establishment any person confined
Delivery of prisoners from therein or shall help the escape of such Yes
jails person, by means of violence,
intimidation, or bribery

If by other means Yes

If convict escaped Yes


Evasion of service of
If convict was unlawfully done Yes
sentence
If convict violated conditions of pardon Yes

Counterfeiting the great seal of the Government of the Philippine Islands,


Yes
forging the signature or stamp of the Chief Executive

Using forged signature or counterfeit seal or stamp Yes

Making and importing and If coinage of the Philippines ₱400,000 Yes


uttering false coins If counterfeit is from a foreign country ₱200,000 Yes

With connivance ₱400,000 Yes


Mutilation of coins
Without connivance Yes

if the document is an obligation or


₱2,000,000 Yes
security of the Philippines

Forging treasury or bank if the document is an obligation or


notes on other documents ₱1,000,000 Yes
security of a banking institution
payable to bearer; importing,
and uttering such false or if the document is an obligation or
₱1,000,000 Yes
forged notes and documents security of a foreign government

if the document is an obligation or


₱400,000 Yes
security of a foreign bank

Counterfeiting, importing and uttering instruments not payable to bearer ₱1,200,000 Yes

Falsification of legislative documents ₱1,200,000 Yes

Falsification by public officer, employee or notary or ecclesiastic minister ₱1,000,000 Yes

Falsification by private individual and use of falsified documents ₱1,000,000 Yes

Falsification of wireless, Creation of dispatch Yes


cable, telegraph and
telephone messages Usage of dispatch Yes

If physician or surgeon, or if a public


₱200,000 Yes
False medical certificates, officer
false certificates of merits or
If a private indlvidual Yes
service, etc.
Usage of certificates Yes

Manufacturing and Making or introduction ₱1,000,000 Yes


possession of instruments
or implements for Usage Yes
falsification

If offender publicly use a fictitious name


for the purpose of concealing a crime,
₱100,000 Yes
Using fictitious name and evading the execution of a judgment or
concealing true name. causing damage

If offender conceals his true name and


₱40,000 Yes
other personal circumstances

Illegal use of uniforms or insignia Yes

If the defendant was sentenced to death Yes


False testimony against a if the defendant shall have been
defendant sentenced to reclusión Yes
temporal or reclusión perpetua
If the defendant shall have been
Yes
sentenced to any other afflictive penalty

If the defendant shall have been ₱200,000


sentenced to a correctional penalty or a Yes
fine, or shall have been acquitted

If the prosecution is for a felony


False testimony favorable to ₱200,000 Yes
punishable by an afflictive penalty
the defendants
Any other case Yes

If amount is more than one million pesos ₱1,000,000 Yes


False testimony in civil
cases If amount is less than one million pesos
₱200,000 Yes
or cannot be estimated

False testimony in other cases and perjury in solemn affirmation Yes

Offering false testimony in evidence Depends on the penalties for any of the false testimony crimes.

Machinations in public auctions Yes

If affects any food substance, motor fuel


Monopolies and or lubricants, or other articles of prime Yes
combinations in restraint of necessity
trade
If other products or service Yes

Importation and disposition of falsely marked articles or merchandise


₱40,000 Yes
made of metals

Grave scandal Yes Yes

Immoral doctrines, obscene publications and exhibitions and indecent


₱20,000 Yes
shows

₱20,000 to
If recidivist Yes
Prostitution ₱200,000

All other cases ₱20,000 Yes

Perpetual absolute
Knowingly rendering unjust judgment Yes
disqualification

Temporary special
Judgment rendered through negligence Yes
disqualification

All other cases Yes

Unjust interlocutory order Suspension

If offender have acted by reason of


inexcusable negligence or ignorance,
and order was manifestly unjust

Malicious delay in the administration of justice Yes

Prosecution of offenses; negligence and tolerance Suspension Yes

Betrayal of trust by an attorney or solicitor, or revelation of secrets ₱40,000 Yes

If act subject of bribery was


Yes
accomplished Special temporary
Direct bribery
If act subject of bribery was not disqualification
Yes
accomplished

Indirect bribery Yes Yes

₱40,000 to
Frauds against the public treasury and similar offenses Yes
₱2,000,000
Temporary special
disqualification in its
Other frauds maximum period to
perpetual special
disqualification

₱40,000 to
Prohibited transactions Yes
₱2,000,000

₱40,000 to
Possession of prohibited interest by a public officer Yes
₱200,000

If value is less than 40.000 pesos Yes

If value is more than 40,000 pesos and


Yes
less than 1,200,000 pesos
Equal to the
If value is more than 1,200,000 pesos and amount of the
funds malversed Yes
Malversation of public funds less than 2.400,000 pesos
Perpetual special
or equal to the
or property If value is more than 2,400,000 pesos and disqualification
total value of the Yes
less than 4,400,000 pesos property
embezzled
If value is more than 4,400,000 pesos and
Yes
less than 8,800,000 pesos

If value is more than 8.800,000 pesos Yes

₱40,000 to
Failure of accountable officer to render accounts Yes
₱1,200,000

Failure of a responsible public officer to render accounts before leaving ₱40,000 to Temporary special
Yes
the country ₱200,000 disqualification

5% to 25% of the
Failure to make delivery of public funds or property sum that was not Yes
delivered

Temporary special
disqualification in its
If the fugitive shall have been sentenced
maximum period to Yes
Conniving with or by final judgment to any penalty
perpetual special
consenting to evasion of disqualification
prisoners
If the fugitive shall not have been finally
Temporary special
convicted but only held as a detention Yes
disqualification
prisoner

Temporary special
Evasion of prisoners through negligence Yes
disqualification

Escape of prisoner under the custody of a person not a public officer Same as the evasion of prisoners for public officers, only that it is one degree lower.

When serious damage is caused Temporary special Yes


disqualification in its
Removal, concealment or
₱200,000 maximum period to
destruction of documents When damage is not serious Yes
perpetual
disqualification

Temporary special
Officer breaking seal ₱400,000 Yes
disqualification

Temporary special
Opening of closed documents ₱400,000 Yes
disqualification

Perpetual special
When serious damage is caused ₱400,000 Yes
Revelation of secrets by an disqualification
officer
Temporary special
When damage is not serious ₱100,000 Yes
disqualification

Public officer revealing secrets of private individual ₱200,000 Yes

Temporary special
Open disobedience to a judgment ₱200,000 disqualification in its Yes
maximum period
Disobedience to order of superior officers, when said order was Perpetual special
Yes
suspended by inferior officer disqualification

Perpetual special
Refusal of assistance of a When serious damage is caused ₱200,000 Yes
disqualification
public officer
When damage is not serious ₱100,000 Yes

Refusal to discharge elective office ₱200,000 Yes

If the purpose of the maltreatment is to


Temporary special
extort a confession, or to obtain some ₱100,000 Yes
Maltreatment of prisoners disqualification
information from the prisoner

All other cases Yes

Anticipation of duties of a public office ₱100,000 Suspension

Special temporary
Prolonging performance of duties and powers of a public officer ₱100,000 disqualification in its Yes
minimum period

If abandoned top evade discharge of the


Abandonment of office or duties preventing, prosecuting or Yes
position of a public officer punishing any of the crime

All other cases Yes

Usurpation of legislative powers ₱200,000 Yes

Usurpation of executive functions Yes

Usurpation of judicial functions Yes

Disobeying request for disqualification ₱100,000 Yes

Orders or requests by executive officers to any judicial authority ₱100,000 Yes

Unlawful appointments ₱200,000 Yes

If against the wife, daughter, sister of


relative within the same degree by Temporary special
Abuses against chastity by Yes
affinity of any person in the custody of disqualification
public officers such warden or officer,

All other cases Yes

Parricide Yes

Murder Yes

Homicide Yes

Frustrated parricide, murder or homicide Same as respective punishments, only that it is one degree lower.

If it cannot be ascertained who actually


killed the deceased, but the person or
Yes
Death caused in a persons who inflicted serious physical
tumultuous affray injuries can be identified

If it cannot be determined who inflicted


Yes
the serious physical injuries

If serious physical injuries are inflicted


upon the participants thereof and the
Same as respective punishments, only that it is one degree lower.
person responsible thereof cannot be
Physical injuries inflicted in identified
a tumultuous affray When the physical injuries inflicted are
of a less serious nature and the person
Yes
responsible therefore cannot be
identified

If person successfully kills oneself Yes

Giving assistance to suicide If a person merely assisted Yes

If person failed in killing oneself Yes


Unless it is an attempted or frustrated
Discharge of firearms Yes
parricide, murder or homicide

If committed by mother of the child for


Yes
the purpose of concealing her dishonor
Infanticide
If committed by maternal grandparents Yes

All other cases Same as parricide or murder

If violence upon the person of the


Yes
pregnant woman was done

Abortion If without violence upon and without the


Yes
consent of the woman

If the woman consented Yes

Unintentional abortion If violence was done Yes

If practiced upon herself or consent to


Yes
another person
Abortion practiced by the
If practiced upon herself to conceal
woman herself of by her Yes
dishonor
parents
If practiced by her parents for concealing
Yes
her dishonor

If violence upon the person of the


Yes
pregnant woman was done

If without violence upon and without the


Abortion practiced by a Yes
consent of the woman
physician or midwife and
dispensing of abortives If the woman consented Yes

If pharmacist who, without the proper


prescription from a physician shall ₱100,000 Yes
dispense any abortive

If adversary was killed Yes


Dueling
If no physical injuries inflicted Yes

Challenging to a duel Yes

If victim was deprived either totally or


partially, or some essential organ of Yes
Mutilation reproduction.

All other cases Yes

If the injured person shall become


Yes
insane, imbecile, impotent, or blind

If person injured shall have lost the use


of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a
Yes
foot, an arm, or a leg or shall have lost
the use of any such member, or shall
have become incapacitated for the work

Serious physical injuries If the person injured shall have become


deformed, or shall have lost any other
part of his body, or shall have lost the
Yes
use thereof, or shall have been ill or
incapacitated for the performance of the
work

If the physical injuries inflicted shall


have caused the illness or incapacity for
Yes
labor of the injured person for more than
thirty days

Administering injurious substances or beverages Same as serious physical injuries.


If the physical injuries inflicted shall
have caused the illness or incapacity for
Yes
labor of the injured person for 10 days or
more

If manifest intent to insult or offend the


Less serious physical
injured person, or under circumstances ₱50,000 Yes
injuries
adding ignominy to the offense

Inflicted upon the offender's parents,


ascendants, guardians, curators,
Yes
teachers, or persons of rank, or persons
in authority

If the offender has inflicted physical


injuries which shall incapacitate the
Yes
offended party for labor from one to nine
days, or shall require medical attendance

Slight physical injuries and If it caused physical injuries which do


maltreatment not prevent the offended party from
Yes ₱40,000 Yes, or fine.
engaging in his habitual work nor require
medical assistance

If the offender shall ill-treat another by Yes, or


deed without causing any injury fine

All other cases Yes

If done with a deadly weapon Yes

If victim became insane Yes

If rape is attempted and homicide is


Yes
committed

If rape and homicide is committed Yes

When the victim is under eighteen (18)


years of age and the offender is a parent,
ascendant, step-parent, guardian,
relative by consanguinity or affinity Yes
within the third civil degree, or the
common-law spouse of the parent of the
victim

When the victim is under the custody of


the police or military authorities or any Yes
law enforcement or penal institution

Rape, when offender has When the rape is committed in full view
carnal knowledge of a of the spouse, parent, any of the children
Yes
woman or other relatives within the third civil
degree of consanguinity

When the victim is a religious engaged in


legitimate religious vocation or calling
Yes
and is personally known to be such by
the offender

When the victim is a child below seven


Yes
years old

When the offender knows that he is


afflicted with the Human Immuno-
Deficiency Virus /Acquired Immune
Deficiency Syndrome or any Yes
other sexually transmissible disease and
the virus or disease is transmitted to the
victim

When committed by any member of the


Armed Forces of the Philippines or para-
military units thereof or the Philippine Yes
National Police or any law enforcement
agency or penal institution, when the
offender took advantage of his position
to facilitate the commission of the crime

When by reason or on the occasion of


the rape, the victim has suffered
Yes
permanent physical mutilation or
disability

When the offender knew of the


pregnancy of the offended party at the Yes
time of the commission of the crime

When the offender knew of the mental


disability, emotional disorder and/or Yes
physical handicap of the offended party

Whenever the rape is committed with the


use of a deadly weapon or by two or Yes
Rape, if inserting his penis more persons
into another person's mouth
or anal orifice, or any When by reason or on the occasion of
Yes
instrument or object, into the the rape, the victim has become insane
genital or anal orifice of If rape is attempted and homicide is
another person Yes
committed

If rape and homicide is committed Yes

Acts of lasciviousness Yes

If committed for the purpose of extorting


Kidnapping and serious Yes
ransom
illegal detention
All other cases Yes

If offender released victim within three


days of detention, did not attain purpose, ₱100,000 Yes
Slight illegal detention and before proceedings against him

All other cases Yes

Unlawful arrest ₱100,000 Yes

Kidnapping and failure to return a minor

Inducing a minor to abandon If offender is parent of the minor ₱40,000 Yes


his home All other cases ₱100,000 Yes

If purpose is for illegal trafficking Yes


Slavery
All other cases Yes

Child labor Yes

Services rendered under compulsion in payment of debt Yes

Abandonment of person in danger and abandonment of one's own victim Yes

If minor died Yes

Abandoning a minor If minor was merely in danger ₱100,000 Yes

All other cases Yes

Abandonment of minor by person entrusted with his custody ₱100,000 Yes

Exploitation of minors ₱100,000 Yes

Qualified trespass to If committed by violence or intimidation Yes


₱200,000
dwelling All other cases Yes

Other forms of trespass ₱40,000 Yes

Light threats Yes

Other light threats ₱40,000 Yes


Grave coercions ₱100,000 Yes

Light coercions ₱15,000 Yes

Other coercions or unjust vexations ₱1,000 Yes

Compulsory purchase of merchandise and payment of wages by means ₱40,000 to


Yes
of tokens ₱100,000

Formation, maintenance and prohibition of combination of capital or


₱60,000 Yes
labor through violence or threats

Discovering secrets through If secrets were revealed Yes


₱100,000
seizure of correspondence If secrets were not revealed Yes

Revealing secrets with


If secrets were revealed ₱100,000 Yes
abuse of office

Revelation of industrial secrets ₱100,000 Yes

If the crime of homicide shall have been


committed; or when the robbery shall
Yes
have been accompanied by rape or
intentional mutilation or arson

Robbery with violence If serious physical injuries have been


Yes
against or intimidation of inflicted
persons
If physical injuries have been inflicted Yes

If light physical injuries have been


Yes
inflicted

All other cases Yes

Attempted and frustrated robbery Yes

If not acts cannot be punished by higher


Yes
penalties
Brigandage
If acts can be punished by higher
The higher penalties will then be followed.
penalties

Aiding and abetting a band of brigands Yes

If value is more than 2,200.000 pesos Yes

If value is more than 1,200,000 pesos but


Yes
less than 2,200,000 pesos

If value is more than 20,000 pesos but


Yes
less than 600,000 pesos

If value is more than 5,000 pesos but less


Yes
than 20,000 pesos

If value is more than 500 pesos but less


Yes
Theft than 5,000 pesos

If value is less than 500 pesos Yes

If value is less than 500 pesos, and enter


an enclosed estate or a field where
trespass is forbidden or which belongs Yes
to another and without the consent of its
owner

If value is less than 500 pesos, and if


offender under the impulse of hunger, Yes
poverty, etc.

₱40,000 to
Theft of the property of the National Library and National Museum Yes
₱100,000

Occupation of real property or usurpation of real rights in property ₱15,000

Altering boundaries or landmarks ₱20,000 Yes


If a merchant Yes
Fraudulent insolvency
If not a merchant Yes

If value is more than 4,400,000 pesos Yes

If value is more than 2,400,000 pesos but


Yes
less than 4,400,000 pesos

If value is more than 1,200,000 pesos but


Swindling (estafa) Yes
less than 2,400,000 pesos

If value is more than 40,000 pesos but


Yes
less than 1,200,000 pesos

If value is less than 40,000 pesos Yes

Not less than the


Other forms of swindling value of damage Yes
caused

Swindling a minor Yes

Other deceits, including fortune-telling ₱40,000 Yes

Removal, sale or pledge of mortgaged property Yes

Destructive arson Yes

Other forms of arson Varying circumstances Yes

If damage exceeds 200,000 pesos Yes

Malicious mischief (property If damage exceeds 40,000 pesos, but


Yes
damage) less than 200.000 pesos

If damage is less than 40,000 pesos Yes

If damage exceeds 200,000 pesos Yes

If damage exceeds 40,000 pesos, but


Yes
Other mischiefs less than 200.000 pesos

If damage is less than 40,000 pesos, or if


Yes
it cannot be estimated

Damage and obstruction to If it caused an accident Yes


means of communication All other cases Yes

Destroy or damage statues or any other


Destroying or damaging Yes
useful or ornamental public monument
statues, public monuments
or paintings Destroy or damage any useful or
₱40,000 Yes
ornamental painting of a public nature

Adultery Yes

If the husband Yes


Concubinage
If the concubine The penalty shall be destierro

All other cases Yes


Qualified seduction
If seduced his sister or descendant

Simple seduction Yes

Acts of lasciviousness with the consent of the offended party Yes

Temporary absolute
If a public officer
Corruption of minors disqualification Yes
All other cases

White slave trade Yes

Forcible abduction Yes

Consented abduction Yes


Simulation of births, Temporary special
If physician or public officer Yes
substitution of one child for disqualification
another and concealment or ₱200,000
abandonment of a legitimate All other cases
child

If done with the intent to defraud the


Yes
Usurpation of civil status offended part

All other cases Yes

Bigamy Yes

If either of the contracting parties shall


Marriage contracted against obtain the consent of the other by means Yes
provisions of laws of violence, intimidation or fraud

All other cases Yes

Premature marriages Yes

₱40,000 to
Libel means by writings or similar means Yes
₱1,200,000

Threatening to publish libelous statements and offer to present such ₱40,000 to


Yes
publication for a compensation ₱400,000

Prohibited publication of acts referred to in the course of official libel ₱40,000 to


Yes
proceedings ₱200,000

If of insulting nature Yes


Slander
Not of insulting nature ₱20,000 Yes

If of serious nature Yes


Slander by deed
Not of serious nature ₱20,000 Yes

Incriminating innocent person Yes

Intriguing against honor ₱20,000 Yes

If intentional act caused a grave felony Yes

If imprudent act caused a grave felony Yes

An amount equal
to the value of said
Imprudence and negligence If act caused damage to property
damages to 3
times such value

If imprudent act caused some wrong,


and if done maliciously, would have been Yes ₱40,000
a light felony

Fine is not more Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Aggravating, exempting and mitigating Public Suspension or Reclusión
Crime than (unless Death
circumstances censure disqualification perpetua
specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal

Other penalties
 Qualified bribery: If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusión perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.
o If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.
 Corruption of public officials: The same penalties on the person corrupted except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles. (Chapter 2, Section 2.)
 Death or physical injuries inflicted under exceptional circumstances
o Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, s hall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
o If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
 Dueling, if causing injury, will be treated as if it's a normal crime (as serious physical injuries or assault)
 Grave threats: The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

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