ACT NO.

3815
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)

BOOK TWO
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
Section One. — Treason and espionage

Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the Government of the
Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them
aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20,000 pesos.

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos,
and prision correccional and a fine not exceeding P5,000 pesos. chanrobles virtual law library

Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the Government of
the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them,
conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of
the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as
an accessory to the crime of treason. chanrobles virtual law library

Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any person who:

1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation
to obtain any information, plans, photographs, or other data of a confidential nature relative to the
defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a foreign
nation. .
chanrobles virtual law library

Section Two. — Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals. — The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by
unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted upon anyone who, on
the occasion of a war in which the Government is not involved, violates any regulation issued by competent
authority for the purpose of enforcing neutrality. chanrobles virtual law library

Art. 120. Correspondence with hostile country. — Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and

 3. By reclusion temporal, if notice or information be given thereby which might be useful to the
enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer
the penalty of reclusion temporal to death. chanrobles virtual law library

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by
competent authority.

Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas. — The penalty of reclusion temporal shall be
inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas. chanrobles virtual law library

Art. 123. Qualified piracy. — The penalty of reclusion 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. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. chanrobles virtual law library

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION
OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES
AGAINST RELIGIOUS WORSHIP
Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention. — Any public officer or employee who, without legal grounds, detains a
person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if
the detention has not exceeded three days;

2. The penalty of prision 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 prision mayor, if the detention has continued for more than fifteen days but not
more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months. chanrobles virtual law library

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who shall detain
any person for some legal ground and shall fail to deliver such person to the proper judicial authorities
within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or
their equivalent. chanrobles virtual law library chan robles virtual law library

In every case, the person detained shall be informed of the cause of his detention and shall be allowed
upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O.
Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).

Art. 126. Delaying release. — 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. chanrobles virtual law library

Art. 127. Expulsion. — The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or
shall compel such person to change his residence. chanrobles virtual law library

Section Two. — Violation of domicile

Art. 128. Violation of domicile. — The penalty of prision correccional in its minimum period shall be imposed
upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling
against the will of the owner thereof, search papers or other effects found therein without the previous
consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the
premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime
be not returned immediately after the search made by the offender, the penalty shall be prision correccional
in its medium and maximum periods. chanrobles virtual law library

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. — In
addition to the liability attaching to the offender for the commission of any other offense, the penalty of
arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding
P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant
without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary
severity in executing the same. chanrobles virtual law library

Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any
member of his family, or in their default, without the presence of two witnesses residing in the same
locality.
chanrobles virtual law library

Section Three. — Prohibition, interruption

and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. — The penalty of prision
correccional in its minimum period shall be imposed upon any public officer or employee who, without legal
ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person from
joining any lawful association or from attending any of its meetings. chanrobles virtual law library

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. chanrobles virtual law library

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision correccional in its minimum period shall
be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in
its medium and maximum periods. chanrobles virtual law library

Art. 133. Offending the religious feelings. — The penalty of arresto mayor in its maximum period to prision
correccional 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. chanrobles virtual law library

Title Three
CRIMES AGAINST PUBLIC ORDER
Chapter One
REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is committed
by rising publicly and taking arms against the Government for the purpose of removing from the allegiance
to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of
land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of
any of their powers or prerogatives. (As amended by R.A. 6968).

Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift attack accompanied by
violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, communications network, public utilities or
other facilities needed for the exercise and continued possession of power, singly or simultaneously carried
out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any
public office of employment with or without civilian support or participation for the purpose of seizing or
diminishing state power. (As amended by R.A. 6968).

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or
heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. chanrobles virtual law library

Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty
of reclusion temporal.chanrobles virtual law library

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer
the penalty of reclusion perpetua. chanrobles virtual law library

Any person in the government service who participates, or executes directions or commands of others in
undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period. chanrobles virtual law library

Any person not in the government service who participates, or in any manner supports, finances, abets or
aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period. chanrobles virtual law library

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any
person who in fact directed the others, spoke for them, signed receipts and other documents issued in their
name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion,
insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. — The conspiracy and
proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which
shall not exceed eight thousand pesos (P8,000.00). chanrobles virtual law library

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As
amended by R.A. 6968, approved October 24, 1990).

Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its minimum
period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the
means in their power, or shall continue to discharge the duties of their offices under the control of the
rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period shall be
imposed upon any person who, without taking arms or being in open hostility against the Government,
shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of
speeches, proclamations, writings, emblems, banners or other representations tending to the same
end. (Reinstated by E.O. No. 187).

Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly and
tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of
the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government or any public
officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or
employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or
any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States), of all its property or any part thereof. chanrobles virtual law library

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its
minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period
and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be
punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by
E.O. No. 187).

Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine not
exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime
of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by
means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending
to the same end, or upon any person or persons who shall utter seditious words or speeches, write,
publish, or circulate scurrilous libels against the Government (of the United States or the Government of
the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to
disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate
others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies
or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government, or who shall knowingly conceal such evil
practices. (Reinstated by E.O. No. 187).

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. — The penalty of prision
correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by
force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its
committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board. (Reinstated by E.O. No. 187).

Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from 200 to 1,000 pesos
shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the
Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any
such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due
it. (Reinstated by E.O. No. 187).

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed upon any
person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly
(Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional commissions or committees or divisions thereof, from
expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon
any public officer or employee who shall, while the Assembly (Congress) is in regular or special session,
arrest or search any member thereof, except in case such member has committed a crime punishable
under this Code by a penalty higher than prision mayor.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum period to prision mayor
in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed
persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in
which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition
or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the
penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision
correccional. chan robles virtual law library

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose
of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be
considered a leader or organizer of the meeting within the purview of the preceding paragraph. chanrobles virtual law library

Art. 147. Illegal associations. — The penalty of prision correccional in its minimum and medium periods and
a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of
associations totally or partially organized for the purpose of committing any of the crimes punishable under
this Code or for some purpose contrary to public morals. Mere members of said associations shall suffer the
penalty of arresto mayor.(Reinstated by E.O. No. 187).

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose 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 prision correccional in its medium and maximum periods and a fine not exceeding P1,000
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. If none of these circumstances be present, the
penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed.

Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and medium periods and a
fine not exceeding P500 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. chanrobles virtual law library

Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by
the Constitutional Commissions, its committees, subcommittees or divisions. — The penalty of arresto
mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall
be imposed upon any person who, having been duly summoned to attend as a witness before the National
Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions, or before any commission or committee
chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such
summons, or being present before any such legislative or constitutional body or official, 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.
The same penalty shall be imposed upon any person who shall restrain another from attending as a
witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or
official.
chanrobles virtual law library

Art. 151. Resistance and disobedience to a person in authority or the agents of such person. — The penalty
of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being
included in the provisions of the preceding articles shall resist or seriously disobey any person in authority,
or the agents of such person, while engaged in the performance of official duties. chanrobles virtual law library

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of
arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender. chanrobles virtual law library

Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In
applying the provisions of the preceding and other articles of this Code, any person directly vested with
jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or
commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be
deemed a person in authority. chanrobles virtual law library

A person who, by direct provision of law or by election or by appointment by competent authority, is

charged with the maintenance of public order and the protection and security of life and property, such as a
barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons
in authority, shall be deemed an agent of a person in authority. chanrobles virtual law library

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged
with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in
the actual performance of their professional duties or on the occasion of such performance, shall be
deemed persons in authority.(As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June
12, 1985).

Chapter Five
PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to
cause disturbance. — The penalty of arresto mayor in its medium period to prision correccional in its
minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause
any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public
performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of
Articles 131 and 132.

Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto mayor
and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish
or cause to be published as news any false news which may endanger the public order, or cause
damage to the interest or credit of the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage
disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished
by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or
 document without proper authority, or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are
classified as anonymous. chanrobles virtual law library

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be
imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker,
or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, provided that the circumstances of the case shall not make the provisions of Article 153
applicable. chanrobles virtual law library

Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its maximum period of prision
correccional in its minimum period shall be imposed upon any person who shall remove from any jail or
penal establishment any person confined therein or shall help the escape of such person, by means of
violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their minimum period. chanrobles virtual law library

Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its medium and maximum
periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the
term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken
place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or
employees of the penal institution, the penalty shall be prision correccional in its maximum period.

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other
calamities. — A convict who shall evade the service of his sentence, by leaving the penal institution where
he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an
increase of one-fifth of the time still remaining to be served under the original sentence, which in no case
shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours
following the issuance of a proclamation by the Chief Executive announcing the passing away of such
calamity.chanrobles virtual law library

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. chanrobles virtual law library

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision correccional in its
minimum period shall be imposed upon the convict who, having been granted conditional pardon by the
Chief Executive, shall violate any of the conditions of such 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. chanrobles virtual law library

Chapter Seven
 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. —
Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be
punished by the maximum period of the penalty prescribed by law for the new felony. chan robles virtual
law library

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the
age of seventy years if he shall have already served out his original sentence, or when he shall complete it
after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy
of such clemency. chanrobles virtual law library

Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One
FORGERIES
Section One. — Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief Executive. chanrobles virtual law library

Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed upon any person who
shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the
Chief Executive.chanrobles virtual law library

Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision mayor shall be
imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or
stamp mentioned in the preceding article. chanrobles virtual law library

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or utters, false
coins, in connivance with counterfeiters, or importers, shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the
counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of
ten centavo denomination or above. chanrobles virtual law library

2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos,
if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the
Philippines below ten-centavo denomination. chanrobles virtual law library

3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the
counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19,
1965).

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The penalty of prision
correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any
person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or
import or utter mutilated current coins, or in connivance with mutilators or importers.

Art. 165. Selling of false or mutilated coin, without connivance. — The person who knowingly, although
without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent
to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that
prescribed in said articles. chanrobles virtual law library

Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or
forged notes,
obligations and securities. chanrobles virtual law library

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering
such false or forged notes and documents. — The forging or falsification of treasury or bank notes or
certificates or other obligations and securities payable to bearer and the importation and uttering in
connivance with forgers or importers of such false or forged obligations or notes, shall be punished as
follows:
1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the
document which has been falsified, counterfeited, or altered, is an obligations or security of the
United States or of the Philippines Islands. chanrobles virtual law library

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, 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. chanrobles virtual law library

2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or
altered document is a circulating note issued by any banking association duly authorized by law to
issue the same. chanrobles virtual law library

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or
counterfeited document was issued by a foreign government. chanrobles virtual law library

4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged
or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. chanrobles virtual law library

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. — 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 P6,000 pesos.

Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. —
Unless the act be one of those coming under the provisions of any of the preceding articles, any person
who shall knowingly use or have in his possession, with intent to use any of the false or falsified
instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in
said articles.
chanrobles virtual law library

Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of
the following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned
therein, the appearance of a true genuine document. chanrobles virtual law library

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or
signs contained therein. chanrobles virtual law library

Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless,
telegraph, and telephone message. chanrobles virtual law library

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period
and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority
therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House
of the Legislature or any provincial board or municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision
mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary
who, taking advantage of his official position, shall falsify a document by committing any of the following
acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in
 fact so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those
in fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original document

when no such original exists, or including in such a copy a statement contrary to, or different from,
that of the genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or
official book. chanrobles virtual law library

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses
enumerated in the preceding paragraphs of this article, with respect to any record or document of such
character that its falsification may affect the civil status of persons.

Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision
correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be
imposed upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next preceding
article in any public or official document or letter of exchange or any other kind of commercial
document; and

2. 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.
chanrobles virtual law library

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of
another or who, with the intent to cause such damage, shall use any of the false documents embraced in
the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the
penalty next lower in degree.

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified
messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed
upon officer or employee of the Government or of any private corporation or concern engaged in the
service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless,
telegraph or telephone message of any system or falsifies the same. chanrobles virtual law library

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause
such prejudice, shall suffer the penalty next lower in degree. chanrobles virtual law library

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like. chanrobles virtual law library

Art. 174. False medical certificates, false certificates of merits or service, etc. — The penalties of arresto
mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000
pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a
false certificate; and

2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar
 circumstances. chanrobles virtual law library

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling
within the classes mentioned in the two preceding subdivisions.

Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon any one who shall
knowingly use any of the false certificates mentioned in the next preceding article. chanrobles virtual law library

Section Six. — Manufacturing, importing and possession of instruments or implements intended for the
commission of falsification. chanrobles virtual law library

Art. 176. Manufacturing and possession of instruments or implements for falsification. — The penalty of
prision correccional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be
imposed upon any person who shall make or introduce into the Philippine Islands any stamps, dies, marks,
or other instruments or implements intended to be used in the commission of the offenses of counterfeiting
or falsification mentioned in the preceding sections of this Chapter. chan robles virtual law library

Any person who, with the intention of using them, shall have in his possession any of the instruments or
implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that
provided therein.chanrobles virtual law library

Chapter Two
OTHER FALSIFICATIONS
Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms and insignia. chanrobles virtual law library

Art. 177. Usurpation of authority or official functions. — Any person who shall knowingly and falsely
represent himself to be an officer, agent or representative of any department or agency of the Philippine
Government or of any foreign government, or who, under pretense of official position, shall perform any
act pertaining to any person in authority or public officer of the Philippine Government or any foreign
government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of
prision correccional in its minimum and medium periods.

Art. 178. Using fictitious name and concealing true name. — The penalty of arresto mayor and a fine not to
exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the
purpose of concealing a crime, evading the execution of a judgment or causing damage. chanrobles virtual law library

Any person who conceals his true name and other personal circumstances shall be punished by arresto
menor or a fine not to exceed 200 pesos. chanrobles virtual law library

Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor shall be imposed upon any
person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not
held by such person or to a class of persons of which he is not a member. chanrobles virtual law library

Section Two. — False testimony

Art. 180. False testimony against a defendant. — Any person who shall give false testimony against the
defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to
death;

2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or
reclusion perpetua;

3. The penalty of prision correccional, if the defendant shall have been sentenced to any other
afflictive penalty; and

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty
or a fine, or shall have been acquitted. chanrobles virtual law library

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed
1,000 pesos.

Art. 181. False testimony favorable to the defendants. — 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
prision correccional in its minimum period 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. chanrobles virtual law library

Art. 182. False testimony in civil cases. — Any person found guilty of false testimony in a civil case shall
suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the
amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period
to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in
controversy shall not exceed said amount or cannot be estimated. chanrobles virtual law library

Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto mayor
in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who
knowingly makes untruthful statements and not being included in the provisions of the next preceding
articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person
authorized to administer an oath in cases in which the law so requires. chanrobles virtual law library

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the
falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective
penalties provided therein. chanrobles virtual law library

Art. 184. 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. chanrobles virtual law library

Chapter Three
FRAUDS
Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions. — Any person who shall solicit any gift or promise as a
consideration for refraining from taking part in any public auction, and any person who shall attempt to
cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to
cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its
minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision correccional in its
minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by
artificial means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall
combine with any other person or persons to monopolize and merchandise or object in order to alter
the price thereof by spreading false rumors or making use of any other article to restrain free
competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of
commerce or an importer of any merchandise or object of commerce from any foreign country,
either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner
with any person likewise engaged in the manufacture, production, processing, assembling or
importation of such merchandise or object of commerce or with any other persons not so similarly
engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the
market price in any part of the Philippines, of any such merchandise or object of commerce
manufactured, produced, processed, assembled in or imported into the Philippines, or of any article
in the manufacture of which such manufactured, produced, or imported merchandise or object of
commerce is used. chanrobles virtual law library

If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles
of prime necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being
sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes
of the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs,
and being the subject thereof, shall be forfeited to the Government of the Philippines. chanrobles virtual law library

Whenever any of the offenses described above is committed by a corporation or association, the president
and each one of its agents or representatives in the Philippines in case of a foreign corporation or
association, who shall have knowingly permitted or failed to prevent the commission of such offense, shall
be held liable as principals thereof. chanrobles virtual law library

Section Two. — Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or
other precious metals or their alloys. — The penalty of prision correccional or a fine ranging from 200 to
1,000 pesos, or both, shall be imposed on 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.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on
which it is engraved, printed, stamped, labeled or attached, when the rest of the article shows that the
quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of
watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than
three one-thousandth than the fineness indicated by said stamp, brand, label, or mark. chanrobles virtual law library

Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The penalty of prision
correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed
upon:

1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or
dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon
any article of commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the
trade-name or trade- mark has been fraudulently used in such goods as described in the preceding
subdivision;

3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark
of some other person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of
a person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark,
or service mark, or a colorable imitation thereof, for another person, to enable that other person to
fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection
with the sale or advertising of his services. chanrobles virtual law library

A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or
device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the
purpose of enabling the public to distinguish the business of the person who owns and uses said trade-
name or trade-mark.

A service mark as herein used is a mark used in the sale or advertising of services to identify the services
of one person and distinguish them from the services of others and includes without limitation the marks,
names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other
advertising.
chanrobles virtual law library

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description. — The penalty provided in the next proceeding article shall be
imposed upon:

1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of
his legitimate trade or the public in general, shall sell his goods giving them the general appearance
of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of
the packages in which they are contained or the device or words thereon or in any other features of
their appearance which would be likely to induce the public to believe that the goods offered are
those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other
persons a chance or opportunity to do the same with a like purpose. chanrobles virtual law library

2. Any person who shall affix, apply, annex or use in connection with any goods or services or any
container or containers for goods a false designation of origin or any false description or
representation and shall sell such goods or services. chanrobles virtual law library

3. Any person who by means of false or fraudulent representation or declarations orally or in writing
or by other fraudulent means shall procure from the patent office or from any other office which may
hereafter be established by law for the purposes the registration of a trade-name, trade-mark or
service mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry
respecting a trade-name, trade-mark or service mark. chanrobles virtual law library

Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

[Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. — The
penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine
ranging from 300 to 1,000 pesos shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any
prohibited drug.
chanrobles virtual law library

"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian hemp,
their derivatives, and all preparations made from them or any of them, and such other drugs,
whether natural or synthetic, having physiological action as a narcotic drug. chanrobles virtual law library

"Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes
on refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of
opium, preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also
opium leaves or wrappings of opium leaves, whether prepared or not for their use. chan robles chanrobles virtual law library

virtual law library

"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza,
churruz, and ganjah embraces every kind, class and character of Indian hemp, whether dried or
fresh, flowering or fruiting tops of the pistillate plant cannabis satival, from which the resin has not
been extracted, including all other geographic varieties whether used as reefers, resin, extract,
tincture or in any other form whatsoever. chanrobles virtual law library

By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness
of mind with delusions and may be habit-forming. chanrobles virtual law library

2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form