Nocturnity- Is absorbed in treachery; that evident premeditation is inherent in robbery,

estafa, theft and similar offenser; that craft is inherent in treachery; that abuse of
superior strength, aid of armed men and nocturnity are absorbed in treachery.

Narcotic drug- refers to any drug which produces insensibility, stupor, melancholy or
dullness of mind with delusions and which may be habit-form-ing and shall include
opium, opium derivatives and synthetic opiates.

Negligence- Is not a crime in itself; it is simply a way of committing it and merely

determines a lower degree of criminal liability.

Other Legitimately acquired property- means any real or personal property, money or
securities which the respondent has at any time acquired by inheritance and the income
thereof, or by gift inter vivos before his becoming w public officer or employee, or any
property.

Opium- Embraces every kind, class, and character of opium wehther crude or prepared;
the ashes or refuse of the same; narcotic preparations tereof or therefrom.

Other Deceits- The penalty of arresto mayor and a fine of not less than the amount of
the damage caused and not more than twice such amount shall be imposed upon any
person who shall defruad or damage another by any other deceit not mentioned in the
preceding articles of this chapter.

Offenses not subject to the provisions of this Code - Offenses which are or in the future
may be punishable under special laws are not subject to the provisions of this code. This
code shall be supplementary to such laws, unless the latter should specially provide the
contrary.

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 other wise, 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.

Obligation to satisfy civil liability - Except in case of extinction of his civil liability as
provided in the next preceding article, the offender shall continue to be obliged to
satisfy the civil liability resulting from the crime committed by him, notwithstanding the
fact that he has served his sentence consisting of deprivation of liberty or other rights,
or has not been required to serve the same by reason of amnesty, pardon, commutation
of sentence or any other reasons.
Offending the religious feelings - The penalty of arresto mayor in its maximum period to
prision corrccional in its minimum period shall be imposed upon anyone who, in a place
devoted to religious worship or during the celebration of any religious ceremony shall
perform acts notoriously offensive to the feelings of the faithful.

Other cases of evasion of service of sentence - The penalty of prision correccional in its
minimum period shall be imposed upo the convict who, having been granted
conditional pardon. However, if the penalty remitted by the granting of such pardon be
higher than six years, the convict shall then suffer the unexpired portion of his original
sentence.

Offering false testimony in evidence - Any person who shall knowingly offer in evidence
a false witness or testimony in any judicial or official proceeding, shall be punished as
guilty of false testimony and shall suffer the respective penalties provided in this
section.

Other frauds - In addition to the penalties prescribed in the provisions of chapter six,
Title ten, Book Two, of this Code, the penalty of tempory special disqualification shall be
imposed upon any public officer who, taking advantage of his official position, shall
commit any of the frauds or deceits enumerated in said provisions.

Officers included in the preceding provisions - The provisions of this chapter shall apply
to private individuals who, in any capacity whatever, have charge of any insular,
provincial or municipal funds, revenues, or property and to any administrator or
depository of funds or property attached, seized or deposited by public authority, even
if such property belongs to a private individual.

Officer breaking seal - Any public officer charged with the custody of papers or property
sealed by proper suthority, who shall break the seals or permit them to be broken, shall
suffer the penalties of prision correccional in its minimum and medium periods,
temporary special disqualification and a fine not exceeding 2,000 pesos.

Opening of closed documents - Any public officer not included in the provisions of the
next preceding acrticle who, without proper authority, shall open or shall permit to be
opened any closed papers, documents or objects entrusted to his custody, shall suffer
the penalties of arresto mayor, temporary special disqualificstion and a fine not
exceeding 2,000 pesos.

Open disobedience - Any judical and executive officer who shall openly refuse to
execute the judgment, dicision or order of any superior authority made within the
scope of the jurisdiction of the latter of essued with all the legal formalities, shall suffer
the penalties of arresto mayor in its meddium period to presion correcional in its
minimum period, tempory special disqualification in its maximum period and fine not
exceeding 1,000 pesos.

Orders or requests by executive officers to any judicial authority - Any executive officer
who shall address any order or suggestion to any judicial authority witb respect to any
case or business coming within the exclusive jurisdication of the courts of justice shall
suffer the penalty of arresto mayor and a fine not exceeding 500 pesos.

Other light threats - The penalty of arresto menor in its minimum period or a fine not
exceeding 200 pesos shall be imposed upon.

Other similar coercions --- (Compulsory purchase of merchandise and payment of

wages by means of tokens.) - The penalty of arresto mayor or a fine ranging from 200 to
500 pesos, or both, shall be imposed upo any perso, agent or officer of any association
or corporation who shall force or compel, directly or indirectly, or shall knowingly
permit sny laborer or employee employed by him or by such firm or corporstion to be
forced or compelled, to purchase merchandise or commodities of any kind.

Occupation of real property or usurpation of real rights in property - Any person who,
by means of violence against or indimidation of persons, shall take possission of any real
property belonging to another, in addition to the penalty incurred for the acts of
violence executed by him, shall be punished by a fine from 50 to 100 per centumof the
gain which he shall have obtained, but not less than 75 pesos.If the value of the gain
cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Other forms of swindling - The penalty of arresto mayor in its minimum and medium
period and a fine of not less than the value of the damage caused and not more than
three times such value, shall be imposed upon.

Other forms of arson - When the arson consists in the burning of other property and
under the circumstances given hereunder, the offernder shall be punishable.

Organization - Within twelve months from the approval of this Decree, the Secretary of
Justice shall organize the administrative structure of the administration and the other
agencies created herein. During said period, he shall also determine the staffing patterns
of the regional, provincial and city probation offices with the end in view of achieving
maximum efficiency and economy in the operations of the probation system.

Other games during cockfights prescribed - No gambling of any kind shall be permitted
on the premises of the cockpit or place of cockfighting during cockfights. The owner,
manager or lessee of such cockpit and the violators of this prohibition shall be criminally
liable under Section 8 hereof.

Opium - Refers to the coagulated juice of the opium poppy ( papaver somniferum) and
embraces every kind, character and class of opium, whether crude or prepared ; the
ashes or refuse of the same ; narcitic preparations thereof or therefrom ; morphine or
ny alkaloid of opium ; preparations in which opium, morphine or any alkaloid of opium
enters as an ingredient ; opium poppy ; opium seeds ; opium poppy straw ; and leaves
or wrappings of opium leaves, whether prepared for use or not. (As amended by BP Blg.
179, March 2, 1982.)

Opium poppy - Means any part of the plant of the species papaver somniferum L.,
Including the seeds thereof. (As added by BP Blg. 179, March 2, 1982.)22.* "Oath and
Terms of Office."

Oath-taking - All successful candidates shall be required to take a professional oath

before the board or before any person authorized to administer oaths prior to entering
upon the practice of criminology in the Philippines.

Organized/Syndicated crime - Means any crime committed by an organized/syndicated

crime group, inkidnapping for ransom, prostitution, illegal recruitment, carnapping,
smuggling and peracy, cattle rustlinh, illicit drug trafficing, labor rackets, land title
rackets, manufacture ang/or circulation of fake documents, license, stamps, currencies,
and other government forms, counterfeiting and bank frauds, consumer frauds and
other illegal activities of such groups.

Organized/syndicated crime group - Means a group of two (2) or more persons

collaborating, confederating or mutually helping one another in the conmission of any
organized/syndicated crime.

Prison mayor and temporary disqualification - The duration of the penalties of prison
mayor and temporary disqualification shall be from six years and one day to twelve
years except when the the penalty of disqualification is imposed as an accessory
penalty, in which case, its duration shall be that of the principal penalty.

Prohibition on the Employment of Children in Certain Advertisements- No person shall

employ a child models in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tabacoo, and its byproducts, and violence.

Public Officer - Means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract.

Political Consultant- Refers to any person who engages in informing or advising any
other person on the domestic or foreign policies of the Philippines or on the political or
public interests, policies, or relations of a foreign government or of a foreign political
party.

Publicity agent - refers to any person who engages in collecting or gathering data and in
disseminating and/or publishing the same for and on behalf of a principal.

Public Relations Counsel- Refers to any person who engages directly or indirectly in
informing, advising, or in any way representing a principal in any matter affected by the
public policies or interest of a principal.

Political Activity- refers to political propaganda or any other activity which seeks in any
reasonable degree to prevail upon, indoctrinate, convert, induce, persuade, or in any
other way influence any agency or official of the Philippine Government, or any section
of the public within the philippines with respect to the domestic or foreign policies of
the philippines, or with respect to the political or public interest, policies, or relations of
a foreign government or a foreign political party.

Pushers- Refers to any person who sells, administers, delivers, or gives away to another,
on any terms whatsover, or distributer, dispacher, in transit or transports any dangerous
drug or who acts as a broker in any of such transactions, inviolation of this Act.

Philippine Waters- It shall refer to all bodies of water, such as but not limited to seas,
gulfs, bays around, between and connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth, leghth or dimentions, and all other
waters belonging to the Philippines by historic or legal title, including territorial sea, the
sea-bed, the insular shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
Philippine Highway- It shall refer to any road, street, passage, highway, and bridges or
other parts thereof, or railway or railroad within the Philippines used by persons, or
vehicles or locomotives or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.

Piracy- Any Attact upon or seizure of any vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of violence against or
intimidation of persons or force upon things, committed by any person, including a
passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy.

Public Building- Includes every building owned by the Government or belonging to a

private person but used or rented by the Government, although temporarily unoccupied
by the same.

Physical and Mental Examination- It shall be the duty of the law-enforcement agency
concerened to take the youthful offender, after his apprehension, to any available
government medical or health officer in the area for a physical and mental examination.
Whenever treatment for any physical or mental defect is indicated, steps shall be
immediately undertaken to provide the same.

Prohibited drug - Which includes opium and its active components and derivatives,
such as herein and morphine; coca leaf and its derivatives, principally cocaine; alpha and
beta eucaine, hallucinogenic drugs, such as mescaline, lysergic acid diethylamide (LSD)
and other substances producing similar effects; Indian hemp and its derivatives; all
preparations made from any of the foregoing; and other drugs and chemical
preparations, whether natural or synthetic, with the physiologiical effects of a narcotic
or hallucinogenic drug; or (As amended by BP Blg. 179, march 12, 1982)

Point-shaving- Any such arrangement combination, scheme or agreement by which the

skill or ability of any player or participant in a game, races or sports contest to make
points or scores shall be limited deliberately in order to influence the result thereof in
favor of one or the other team, player or participant therein.

Poisonous- Is any substance or materials, except medical drug, either liquid, solid or
gaseous, which through chemical reaction kills, injures or impairs a living organism or
persons, and shall include but not limited to allyl isothiocyanate, ammunition ( chemical,
non-explosive but containing Class A, B or poison), aniline oil, arsine, brombenzle
cyanide, bromcacetone and other similar substances or materials.
Probation - is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a
probation officer.

Probationer- Means a person placed on probation.

Probation Officer- Means one who investigates for the court a referral for probation or
supervises a probationer or both.

Pulling of Strings- A fircracker consisting of a small tube about an inch in length and less
than 1/4 of an inch in diameter with strings on each end. Pulling both strings will cause
the firecracker to explode;

Paper caps- Minute amount of black powder spread in either small strips of paper or on
a small sheet used for children's toy guns.

Performance of illegal marriage Ceremony- Priest or ministers of any religious

denomination or sect, or civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with the provisions of the Marriage
Law.

Person- Includes natural and juridical persons, unless the context indicates otherwise.

Political Propaganda- Refers to any oral, visual, graphic, written, pictorial, or other
communication or expression.

Presumptions- Any physical over act manifesting resistance against the act of rape in
any degree from the offended party, or where the offended party is so situated as to
render her/him incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under article 266-A.

Parricide - Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate or any of his spouse,shall be guilty of parricide and shall be punished by the
penalty of reclusion perpetua to death.

Prescription of Crimes - Crimes punishable by death reclusion perpetual or reclusion

temporal shall prescribe in twenty years.Crimes punishable by others afflictive penalties
shall prescribe in fifteen years.Those punishable by a correctional penalty shall be
prescribe in ten years with the exception of those punishable by arrestor mayor which
shall prescribe in five years.The crime of libel or other similar offenses shall prescribe in
two years.The offenses of oral defamation and slander by deed shall prescribe in six
months.Light offenses prescribe in two months.

Repealing Clause - The provisions of Article 320 to 326 B of the Revised Penal Code and
all laws executive orders rules and regulations or parts thereof Inconsistent with the
provisions of this decree are hereby repealed or smanded accordingly.

Penalties that my imposed - No felony shall be punishable by any penalty not prescribe
by law prior to it's commission.

Prison mayor it's accesory penalties - The penalty of prison mayor shall carry with it
that of temporary absolute disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although pardoned as to the
principal penalty unless the same shall have been expressly remitted in the pardon.

Prison correctional It's accessory penalties - The penalty of prison correctional shall
carry with it that of suspension from Public office from the right to follow a profession
or calling and that of perpetual disqualification from the right of suffrage if the duration
of said imprisonment shall exceed eighteen months pardoned as to the principal
penalty, unless the same shall have been expressly remitted in the pardon .

Penalty for complex crimes - when a single act Constitutes two or more grave or less
grave felonies or when an offense is a necessary means for commiting the other the
penalty for the most serious crime shall be imposed the same to be applied in it's
maximum period.

Penalty to be imposed upon principals of a frustrated crime - The penalty next lower in
degree than that prescribed by law for the consumated felony shall be imposed upon
the principal in a frustrated felony.

Penalty to be imposed upon principals of attempted crimes - A penalty lower by two

degrees than that prescribed by law for the consumated felony shall be imposed upon
the principals in an attempt to commit a felony.

Penalty to be imposed upon accomplies in consumated crime - The penalty next lower
in degree than that prescribed by law for the consumated shall be imposed upon the
accomplies in the commission of a consumated felony.

Penalty to be imposed upon accomplices in a frustrated crime - The penalty next lower
in degree than prescribed by law for the frustrated felony shall be imposed upon the
accomplices in the commission of a frustrated felony.
 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.

Premature marriages - Any widow who shall marry within three hundred and one day
from the date of the death of her husband or before having delivered if she shall have
been pregnant at the time of his death, shall be punished by arresto mayor and a fine
not exceeding 500 pesos.

Performance of illegal marriage ceremony - Priest or minister religious denomination or

sect.or civil authorities who shall perform or authorize anay illegal marriage ceremony
shall be punished in a accordance with the provisions of the marriage law.

Prosecution of offenses negligence and tolerance - The penalty of prison correctional in

it's minimum period and suspension shall be imposed upon any public officer or officer
of the law who in dereliction of the duties of his office shall maliciously refrain from
instituting prosecution for the punishment of violators of the law or shall tolerate the
commission of offenses.

Penalty for Sedition - The leader of a sedition shall suffer the penalty of prision mayor in
it's minimum period and a fine not exceeding 10, 000 persos other person's participating
therein shall suffer the penalty of prision correctional in it's maximum period and a fine
not exceeding 5,000 pesos.

Prescribing Opium Unnecessarily for a patient - The penalty of prision correccional or a

fine ranging from 300 to 10,000 pesos or both shall be imposed upon any physician or
dentist who shall prescribe opium for any person whose physical condition does not
require the use of the same

Partial Extinction of criminal liability - criminal liability is extinguished partially

1.By conditional pardon

2.By commutation of the sentence

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

Proof of the truth - In every criminal prosecution for libel the truth may be given in
evidence to the court and if it appears that the matter charged as libelous is true and
moreover that it was published with good motives and for justifiable ends the
defendants shall be acquitted.Proof of the truth of an imputation of an act or omission
not constituting a crime shall not be admitted unless the imputation shall have been
made against government employees with respect to facts related to the discharge of
their official duties.In such cases if the defendant proves the truth of the imputation
made by him he shall be acquitted.

Prohibited Publication of acts Referred to in the course of official Proceedings - The

penalty of arresto mayor or a fine of from 200 to 2,000 pesos or both shall be imposed
upon any reporter editor or manager of a newspaper , daily or magazine who shall
publish facts connected with the private life of another and offensive to the honor ,
virtue and reputation of said , person even though said publication be made in
connection with or under the pretext that it is necessary in the narration of any judicial
or administrative proceedings wherein such facts have been mentioned.

Physical Injuries inflicted in a Tumultuous Affray - when in a tumultuous affray as

referred to in the preceding article only serious physical injuries are inflicted upon the
participants thereof and the person responsible there for cannot be identified all those
who appear to have use violence upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person
responsible there for cannot be identified all those who appear to have used any
violence upon the person of the offended party shall be punished by arresto from five to
fifteen days.

Penalty for Frustrated Parricide,murder or Homecide - The court's in view of the facts
of the case, may impose upon the person guilty of the frustrated crime of parricide
murder or homecide defined and penalized in the preceding articles a penalty lower by
one degree than that which should be imposed under the provision of article 50. The
courts considering the facts of the case may likewise reduce by one degree the penalty
which under article 51 should be imposed for an attempt to commit any of such crimes.

Presumption in regard to the imposition of accessories of penalties - Whenever the

courts shall impose a penalty which by provision of law carries with it other penalties,
according to the provision 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.
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.

Prohibited transactions - The penalty of prision correctional in it's minimum period or a

fine ranging from 200 to 1,000 pesos, or both shall be imposed upon a public officer
who directly or indirectly shall become interested in any contract or business in which it
is his official duty intervene. This provisions is applicable to expert, arbitrators and
private accountants who in like manner shall take part in any contract or transaction
connected with the estate or property in appraisal distribution or adjudication of which
they shall have acted and to the guardians and executers with respect to the property
belonging to their wards or estate.

Pardon; Its effects- A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage,unless such rights be expressly restored by the terms of
the pardon.

Prision Mayor- Its accessory penalties.- The penalty of prision mayor, shall carry with it
that of temporary absolute disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although pardoned as to the
principal penalty, unless the same shall have been expressly remitted in the pardon.

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.

Piracy in general and muting on the high seas- The penalty of reclusion temporal shall
be inflicted upon any person who, on the hih seas, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall seize te whole or part of the
cargo of said vessel, its equipment, or personal belongings of its complement or
passengers.

Provitional Arrest- In case of urgenc, the requesting state may, pursuant to the relevant
treaty or convention and while the same remains in force, request for the provisional
arrest of the accused, pending receipt of the request for extradition made in accordance
with Section 4 of this Decree.
Photographing, et., from aircraft- Any person who uses or permits or procures the use
of an aircraft for the purpose of making a photograph, sketch, picture, drawing, map, or
graphical representation of vital military, naval, or air installation or equipment, in
violation of section eight of this act, shall be liable to the penalty therein provided.

Pana- Means any arrow or dart tbat when shot from a bow or slingshot can cause injury
or death of a person.

Public Officer or employee- means any person holding any public office or employment
by virtue of an appointment, election or contract, and any person holding any office or
employment, by appointment ot contract, in any state-owned or controled corporation
or enterprise.

Ownership, Operation and Management of Cock-pits- Only Filipino citizens not

otherwise inhibited by existing laws shall be allowed to own, manage ang operate
cockpits.

Owner/ raiser - shall include the herdsman, caretaker, employee or tenant of any firm
or entity engaged in the raising or large cattle or other persons in lawful possession of
such large cattle.

Overhauling- is the cleaning or repairing of the whole engine of a motor vehicle by

separating the motor engine and its parts from the body of the motor vehicle.

Period of probation- The period of probation of a defendant sentenced to a term of

imprisonment of not more than one year shall not exceed two years, and in all other
cases, said period shall not exceed six years.

Post-sentence Investigation- No person shall be placed on probation except upom prior

investigation by the probation officer and a determination by the court that the ends of
justice and the best interest of the public as well as that of the defendant will be served
thereby.

Performance of illegal marriage ceremony- Priest or ministers of any religious

denomination or sect, or civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with the provisions of the merriage
of the Marriage Law.

Prohibited Types of Firecrackers and Pyrotechnic Devices- The manufaturer, sale,

distribution and use of other types of firecrackers and pyrotechnic devices not
mentioned in the foregoing section, of such explosive content that could endanger life
and limb, such as atomic big triangulo and super lolo and their equivalent are hereby
prohibited.

Piracy in general and multiny on the high seas or in Phillippine waters- The penalty of
reclusion perpetua shall be inflicted upon any person who, on the high seas, or in
Philippine waters, shall attack or seize a vessel or, not being a member of its
complement nor a passenger.

Piracy- The attackers are stangers to the vessel while in mutiny, the offender are
passengers or members of the crew .

Perjury- The statement or testimony is required by law while in false testimony, the
testimony need not be required by law.

Person inciting or instigrating- is guilty of perjury as a principal by inducement.

Prohibited Transaction is committed by an appointive public officer while prohibited

interest is committed by any officer and in some instances, by private persons.