ARTICLE 107. There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. Conspiracy to Commit Sedition. ARTICLE 9. Other Light Threats. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. Persons Exempt from Criminal Liability. 2. The tools mentioned in the next preceding articles. ARTICLE 209. ARTICLE 101. — Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding 6,000 pesos. It is not necessary to, prove adherence. ARTICLE 256. The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery and theft, and treason. 3. ARTICLE 27. If these are not the conditions of the fight, it is not a duel in the sense contemplated in the Revised Penal Code. Penalty for Sedition. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer: 1. Exploitation of Child Labor. Keeper, Watchman and Visitor of Opium Den. 5. — Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prisión correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. — The simulation of births and the substitution of one child for another shall be punished by prisión mayor and a fine of not exceeding 1,000 pesos. Serious Illegal Detention. Criminal Law book 2 by Reyes Addeddate 2019-11-20 02:43:28 Identifier revisedpenalcodebook2reyes Identifier-ark ark:/13960/t5kb1869m Ocr ABBYY FineReader 11.0 (Extended OCR) Ppi 300 Scanner — 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. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. The penalty of reclusión temporal, if the defendant in said case shall have been sentenced to death; 2. ARTICLE 304. ARTICLE 298. ARTICLE 50. ARTICLE 218. — Any private person who shall enter the dwelling of another against the latter’s will, shall be punished by arresto mayor and a fine not exceeding 1,000 pesos. ARTICLE 318. Revised Penal Code. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the abovementioned crimes. ARTICLE 87. ARTICLE 223. 4. — 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 defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. — Civil liability established in articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as other obligations, in accordance with the provisions of the Civil Law. Penalty to Be Imposed Upon Accomplices in a Consummated Crime. Malversation of Public Funds or Property — Presumption of Malversation. How Forgery is Committed. Other Frauds. Vagrants and Prostitutes — Penalty. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. Qualified Seduction. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted. The seconds shall in all events be punished as accomplices. ARTICLE 234. 6. Persons merely present at such meeting shall suffer the penalty of arresto mayor. — The penalty of arresto mayor or a fine ranging from 200 to 1,000 pesos, or both such fine and imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness before either House of the legislature, or before any committee thereof, refuses, without legal excuse, to obey such summons, or being present before any such body or committee, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. 3. Machinations, Monopolies, and Combinations. 3. ARTICLE 56. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon: 1. ARTICLE 122. — Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine of from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos. — 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. The penalty of prisión mayor in its medium period to reclusión temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products. — Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery. ARTICLE 98. Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building and having direct connection therewith. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. 2. ARTICLE 207. The penalty of prisión correccional to prisión mayor in its medium period in other cases. If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title Three of Book Two of this Code, the offender shall be punished by prisión correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime. Mutilation. ARTICLE 22. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Increasing or Reducing the Penalty of Fine by One or More Degrees. The Revised Penal Code took effect on January 1, 1932, or more than a year after its approval on December 8, 1930. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. — 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 therefor cannot be identified, all those who appear to have used 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. False Keys. 3rd. 5. Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit. Home. The crime of rape shall be punished by reclusión temporal. Any person who, to the prejudice of another, shall execute any fictitious contract. — 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. Bond for Good Behavior. — Except as is provided in the next preceding article, the present Penal Code, the Provisional Law for the application of its provisions, and Acts Nos. — The penalty of reclusión temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 1. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. Crimes under Article 2 of the Revised Penal Code are cognizable by the Court where the criminal action is filed. That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. — 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. 4th. 4. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused. ARTICLE 358. — Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. ARTICLE 148. — Cases of arson not included in the next preceding articles shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. ARTICLE 338. The penalty of prisión correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days; 3. — The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. 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 persons under sentence during electrocution as well as during the proceedings prior to the execution. The penalty of prisión mayor in its medium and maximum periods, if the amount involved is more than 6,000 pesos but is less than 12,000 pesos. Reclusión Perpetua, Reclusión Temporal, Prisión Mayor, Prisión Correccional and Arresto Mayor. While being public officers or employees, should commit an offense in the exercise of their functions; or. Subsidiary Penalty. Prisión correccional, suspensión, and destierro. When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories. Forfeiture or confiscation of instruments and proceeds of the offense. ARTICLE 320. Caused by a violation of NRS 453.3325. ARTICLE 200. Crimes Against Legislative Bodies and Similar Bodies. When the value of the property taken does not exceed 250 pesos, the penalty next lower in degree shall be imposed. 3. Refusal of Assistance. If the offense mentioned in this article affects any food substance or other article of prime necessity, the penalty shall be that of prisión correccional in its medium and maximum periods, it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination. 4. 4. — The civil liability established in articles 100, 101, 102, and 103, of this Code includes: 3. — If the offenses mentioned in subdivisions 3, 4, and 5 of the next preceding article shall have been committed in an uninhabited place and by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger’s compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, the offender shall be punished by the maximum period of the proper penalties. — The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prisión correccional in its minimum and medium periods. Crime and punishment. ARTICLE 30. — The following shall not be considered as penalties: 1. Flight to Enemy’s Country. When Light Felonies are Punishable. The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order. 7. Frauds and Illegal Exactions and Transactions. ARTICLE 287. The provisions contained in this article shall not be applicable: 1. Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in article 98. — The same penalties imposed upon the officer 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. Please note that this do not include fines, penalties and amendments from R.A. 10951 Prisión mayor and temporary disqualification. ARTICLE 149. — When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band (cuadrilla). Selling of False or Mutilated Coin, Without Connivance. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 2. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. Kidnapping and Failure to Return a Minor. ARTICLE 81. 2. — Any person who, taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor. Slander. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. 2. Death or Physical Injuries Inflicted Under Exceptional Circumstances. Prescribing Opium Unnecessarily for a Patient. (c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or any third person. — The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. Reclusión Perpetua. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. ARTICLE 343. If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto menor or a fine not exceeding 200 pesos, or both. — 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. When and How Penalties Prescribe. The penalty of prisión correccional, if the defendant shall have been sentenced to any other afflictive penalty; and. 18. Perpetual or temporary special disqualification. Illegal Cockfighting. ARTICLE 152. The loss of all right to retirement pay or other pension for any office formerly held. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition. — 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. ARTICLE 53. ARTICLE 174. If other means are used the penalty of arresto mayor shall be imposed. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and. Preliminary Title; 2. ARTICLE 261. — Any judge who shall so assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prisión correccional in its minimum period. *FREE* shipping on qualifying offers. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service. Second. 4. — In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro. The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are made proportional. From 14 years, 8 months and 1 day to 17 years and 4 months. The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. The word “obligation or security of the United States or of the Philippine Islands” shall be held to mean all bonds, certificates of indebtedness, national bank notes, coupons, United States or Philippine Islands notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature. Other Similar Coercions — (Compulsory Purchase of Merchandise and Payment of Wages by Means of Tokens). ARTICLE 70. ARTICLE 335. ARTICLE 135. Any other intentional mutilation shall be punished by prisión mayor in its medium and maximum periods. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets. Book 2 New Reading List. — 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 ranging from 200 to 500 pesos. 2. The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense. Consented Abduction. ARTICLE 60. The deprivation of the office, employment, profession or calling affected; 2. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. — The penalties which may be imposed, according to this Code, and their different classes, are those included in the following: Perpetual or temporary absolute disqualification. (a) If the building burned is a public building and the value of the damage caused exceeds 6,000 pesos; (b) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos. Unintentional Abortion. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds of children under sixteen years of age who are not his children or descendants. Based from Criminal Law Book 2 authored by JBL Reyes. Prisión correccional in its minimum period and a fine not to exceed 1,000 pesos, if the counterfeited coin be currency of a foreign country. Article 114 TREASON ELEMENTS: a. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prisión correccional in its medium and maximum periods; (b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its minimum and medium periods; and. ARTICLE 293. Who are Guilty of Robbery. ARTICLE 297. Open Disobedience. — The penalty of prisión correccional in its medium period to prisión mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who: 1. Slander by Deed. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who shall abandon a child under seven years of age, the custody of which is incumbent upon him. ARTICLE 15. Criminal Law Book 2 Reviewer. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraph next to the last of article 80 of this Code, the following rules shall be observed: 1. — The restitution of the thing itself must be made whenever possible, with allowance for any deterioration or diminution of value as determined by the court. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. — The crime of theft shall be punished by the penalties next higher in degree than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is large cattle or consists of coconuts, or fish taken from a fishpond or fishery. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. — The penalty of prisión correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks, which fail to indicate the actual fineness or quality of said metals or alloys. ARTICLE 42. — The penalties provided for in article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. 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