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الموضوع: The Revised Penal Code of the Philippines

  1. #11
    تاريخ التسجيل
    Oct 2008
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    [align=left] Chapter SevenCHATTEL MORTGAGE
    Art. 319. Removal, sale or pledge of mortgaged property. — The penalty or arresto mayor or a fine amounting to twice the value of the property shall be imposed upon:
    • 1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns. 2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located.
    Chapter EightARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
    Art. 320. Destructive arson. — The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn:
    • 1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the Government. 2. Any passenger train or motor vehicle in motion or vessel out of port.
      3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
    Art. 321. Other forms of arson. — When the arson consists in the burning of other property and under the circumstances given hereunder, the offender shall be punishable:
    • 1. By reclusion temporal or reclusion perpetua:

      • (a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons; (b) If the building burned is a public building and value of the damage caused exceeds 6,000 pesos;
        (c) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law, irrespective of the amount of the damage;chan robles virtual law library
        (d) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceedings, irrespective of the amount of the damage; Provided, however, That if the evidence destroyed is to be used against the defendant for the prosecution of any crime punishable under existing laws, the penalty shall be reclusion perpetua;
        (e) If the arson shall have been committed with the intention of collecting under an insurance policy against loss or damage by fire.
      2. By reclusion temporal:

      • (a) 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; (b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6,000 pesos;
        (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire and the damage caused exceeds 6,000 pesos; and
        (d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused exceeds 6,000 pesos.
      3. By prision mayor:

      • (a) If the value of the damage caused in the case mentioned in paragraphs (a), (c), and (d) in the next preceding subdivision does not exceed 6,000 pesos; (b) If a building not used as a dwelling or place of assembly, located in a populated place, is set on fire, and the damage caused exceeds 6,000 pesos;
      4. By prision correccional in its maximum period to prision mayor in its medium period:

      • (a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds 1,000 pesos; (b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this article does not exceed 200 pesos.
      5. By prision correccional in its medium period to prision mayor in its minimum period, when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in paragraph (a) of the preceding subdivision is set on fire; but when the value of such property does not exceed 200 pesos, the penalty next lower in degree than that prescribed in this subdivision shall be imposed. 6. The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos.
      7. The penalty of prision correccional in its minimum and medium periods, if the damage caused in the case mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos.
      8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage caused shall be imposed, when the property burned consists of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).
    Art. 322. Cases of arson not included in the preceding articles. — Cases of arson not included in the next preceding articles shall be punished:
    • 1. By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50 pesos; 2. By arresto mayor in its maximum period to prision correccional in its minimum period, when the damage caused is over 50 pesos but does not exceed 200 pesos;
      3. By prision correccional in its minimum and medium periods, if the damage caused is over 200 pesos but does not exceed 1,000 pesos; and
      4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.
    Art. 323. Arson of property of small value. — The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed 25 pesos, committed at a time or under circumstances which clearly exclude all danger of the fire spreading, shall not be punished by the penalties respectively prescribed in this chapter, but in accordance with the damage caused and under the provisions of the following chapter.
    Art. 324. Crimes involving destruction. — Any person who shall cause destruction by means of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated, shall be punished by reclusion temporal if the commission has endangered the safety of any person, otherwise, the penalty of prision mayor shall be imposed.
    Art. 325. Burning one's own property as means to commit arson. — Any person guilty of arson or causing great destruction of the property belonging to another shall suffer the penalties prescribed in this chapter, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime.
    Art. 326. Setting fire to property exclusively owned by the offender. — If the property burned shall be the exclusive property of the offender, he shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period, if the arson shall have been committed for the purpose of defrauding or causing damage to another, or prejudice shall actually have been caused, or if the thing burned shall have been a building in an inhabited place.
    Art. 326-A. In cases where death resulted as a consequence of arson. — If death resulted as a consequence of arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles, the court shall impose the death penalty.
    Art. 326-B. Prima facie evidence of arson. — Any of the following circumstances shall constitute prima facie evidence of arson:
    • 1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing. 2. That substantial amount of inflammable substance or materials were stored within the building not necessary in the course of the defendant's business; and
      3. That the fire started simultaneously in more than one part of the building or locale under circumstances that cannot normally be due to accidental or unintentional causes: Provided, however, That at least one of the following is present in any of the three above-mentioned circumstances:

      • (a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value of such building and/or goods at the time of the fire; (b) That the defendant after the fire has presented a fraudulent claim for loss.
    The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).
    [click here for the full text ofPRESIDENTIAL DECREE NO. 1613AMENDING THE LAW ON ARSON] [Click here for the full text ofPRESIDENTIAL DECREE NO. 1744AMENDING ARTICLE THREE HUNDRED AND TWENTY OFTHE REVISED PENAL CODE PROVISIONS ON ARSON]

    Chapter NineMALICIOUS MISCHIEF
    Art. 327. Who are liable for malicious mischief. — Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.
    Art. 328. Special cases of malicious mischief. — Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:
    • 1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos; 2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and
      3. By arresto menor, in such value does not exceed 200 pesos.
    Art. 329. Other mischiefs. — The mischiefs not included in the next preceding article shall be punished:
    • 1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos; 2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and
      3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.
    Art. 330. Damage and obstruction to means of communication. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines.
    If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.
    For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system.
    Art. 331. Destroying or damaging statues, public monuments or paintings. — Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.
    Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court.

    Chapter TenEXEMPTION FROM CRIMINAL LIABILITYIN CRIMES AGAINST PROPERTY
    Art. 332. Persons exempt from criminal liability. — No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons:
    • 1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and
      3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
    The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.
    Title Eleven CRIMES AGAINST CHASTITY Chapter OneADULTERY AND CONCUBINAGE
    Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have ***ual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.
    Adultery shall be punished by prision correccional in its medium and maximum periods.
    If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.
    Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have ***ual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.
    The concubine shall suffer the penalty of destierro.

    Chapter TwoRAPE AND ACTS OF LASCIVIOUSNESS
    Art. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
    • 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and
      3. 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.
    The crime of rape shall be punished by reclusion perpetua.
    Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
    When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
    When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.
    When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964).
    Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either ***, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

    Chapter ThreeSEDUCTION, CORRUPTION OF MINORSAND WHITE SLAVE TRADE
    Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.
    The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.
    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.
    Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.
    Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.chan robles virtual law library
    Art. 340. Corruption of minors. — Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).
    Art. 341. White slave trade. — The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.)

    Chapter FourABDUCTION
    Art. 342. Forcible abduction. — The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal.
    The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.
    Art. 343. Consented abduction. — 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 prision correccional in its minimum and medium periods.

    Chapter FivePROVISIONS RELATIVE TO THE PRECEDINGCHAPTERS OF TITLE ELEVEN
    Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.
    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 offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.
    In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes.
    Art. 345. Civil liability of persons guilty of crimes against chastity. — Person guilty of rape, seduction or abduction, shall also be sentenced:
    • 1. To indemnify the offended woman. 2. To acknowledge the offspring, unless the law should prevent him from so doing.
      3. In every case to support the offspring.
    The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.
    Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. — The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as principals.chan robles virtual law library
    Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification.
    Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian.
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  2. #12
    تاريخ التسجيل
    Oct 2008
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    [align=left] Title Twelve CRIMES AGAINST THE CIVIL STATUS OF PERSONS Chapter oneSIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
    Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. — The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.
    The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status.
    Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.
    Art. 348. Usurpation of civil status. — The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed.

    Chapter TwoILLEGAL MARRIAGES
    Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.
    Art. 350. Marriage contracted against provisions of laws. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment.
    If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.
    Art. 351. 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.
    The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.
    Art. 352. Performance of illegal marriage ceremony. — Priests 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.

    Title Thirteen CRIMES AGAINST HONOR Chapter OneLIBEL Section One. — Definitions, forms, and punishment of this crime.
    Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
    Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
    • 1. A private communication made by any person to another in the performance of any legal, moral or social duty; and 2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.
    Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.
    Art. 356. Threatening to publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.
    Art. 357. Prohibited publication of acts referred to in the course of official proceedings. — The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager or 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.
    Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.
    Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

    Section Two. — General provisions
    Art. 360. Persons responsible. — Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.
    The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof.
    The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed simultaneously or separately with the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense: Provided, however, That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense or where the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law.
    Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article.
    No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party. (As amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965).

    Art. 361. 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.
    Art. 362. Libelous remarks. — Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

    Chapter TwoINCRIMINATORY MACHINATIONS
    Art. 363. Incriminating innocent person. — Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor.
    Art. 364. Intriguing against honor. — The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.

    Title Fourteen QUASI-OFFENSES Sole ChapterCRIMINAL NEGLIGENCE
    Art. 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.
    Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.
    When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos.
    A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.
    In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four.
    The provisions contained in this article shall not be applicable:
    • 1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply. 2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.
    Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
    Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
    The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).

    FINAL PROVISIONS
    Art. 366. Application of laws enacted prior to this Code. — Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission.
    Art. 367. Repealing Clause. — 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. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby repealed.
    The provisions of the Acts which are mentioned hereunder are also repealed, namely:
    • Act 666, Sections 6 and 18. Act 1508, Sections 9, 10, 11, and 12.
      Act 1524, Sections 1, 2, and 6.
      Act 1697, Sections 3 and 4.
      Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.
      Act 2381, Sections 2, 3, 4, 6, 8, and 9.
      Act 2711, Sections 102, 2670, 2671, and 2672. chan robles virtual law library
      Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.
    And all laws and parts of laws which are contrary to the provisions of this Code are hereby repealed.

    Approved: December 8, 1930


    Title of acts repealed by the Revised Penal Code are:
    • 1. Act No. 277. Law on Libel and threats to publish libel, etc., now provided for in Arts. 353, 362. 2. Act No. 292, amended by Act No. 1692. Law defining and penalizing the crimes of treason, insurrection, sedition, etc., now provided for in Arts. 114-116 and Arts 134-142.
      3. Act No. 480. Law governing cockfighting and cockpits, now governed by Art. 199 and special laws.
      4. Act No. 518, amended by Act Nos. 1121 and 2036. Law defining and penalizing highway robbery or brigandage, now covered by Arts. 306-307.
      5. Act No. 519. Law on vagrancy now penalized by Art. 202.
      6. Act No. 666, Secs. and 6 and 18. Law on trade-marks and trade-names now provided for in Arts. 188-189.
      7. Act No. 899, Law regarding suspension on sentence, etc., upon U.S. citizens.
      8. Act No. 1438, amended by Act Nos. 3203, 3309, and 3559, provisions governing juvenile offenders and delinquent children, their care and custody, now governed by Art. 80.
      9. Act No. 1508, Secs. 9, 10, 11, and 12. The Chattel Mortgage Law, now penalized in Art. 319.
      10. Act No. 1523. Law prohibiting importation, sale etc., of lottery tickets and lottery, now penalized in Arts. 195-196.
      11. Act No. 1524. Sec. 4. Law governing discretion of Governor-General in granting conditional pardons, now covered by Art. 159.
      12. Act No. 15533, Secs. 1, 2, and 6 amended by Act No. 1559. Law providing for diminution of sentences by reason of good conduct and diligence, now governed by Art. 97.chan robles virtual law library
      13. Act No. 1697, Secs. 3 and 4. Act for the punishment of perjury in official investigations, now provided for in Arts. 180-183.
      14. Act No. 1754. Law on counterfeiting and forgery, now defined and penalized in Arts. 160-169.
      15. Act No. 1775. Act penalizing crimes against legislative bodies, now provided for in Arts. 143-145.
      16. Act No. 1757. Secs. 1, 2, 3, 4, 5, 6, 7, (first clause), 11 and 12 amended by Act No. 3242. Act prohibiting gambling, now provided for in Arts. 195-199.
      17. Act No. 1173. Law on the crime of adulterio, estupro, rapto, violacion, calumnia, injuria, etc., now governed by Arts. 333-346.
      18. Act Nos. 2071 and 2300. Act governing slavery, involuntary servitude, peonage, and the sale or purchase of human beings, now penalized in Arts. 272-274.
      19. Act No. 2212. Act providing for the confiscation and disposition of money, articles, instruments, appliances and devices in gambling, now provided for in Art. 45.
      20. Act No. 293. Act penalizing willful destruction, injury, or taking or carrying away any property of the Philippine Library, now provided for in Art. 311.
      21. Act No. 2364. Act penalizing infidelity in the custody of prisoners detained for or a convicted of a crime, now governed by Arts. 223-225.
      22. Act No. 2381. Secs. 2, 3, 4, 5, 6, 8, and 9. Act restricting the use of opium, etc., now provided for in Arts. 190-194.
      23. Act No. 2549. Act prohibiting the forcing, compelling, or obliging of any laborer or other employee to purchase merchandise, commodities, or personal property under certain conditions, and the payment of wages of a laborer or employee by means of tokens or objects other than legal tender currency, now penalized by Art. 288, and also governed by Com. Act No. 303 and the Minimum Wage Law, Rep. Act No. 602, as amended by Rep. Act. No. 812.chan robles virtual law library
      24. Act No. 2557. Act providing for the allowance to persons convicted of preventive imprisonment, etc., now embodied in Art. 29.
      25. Act No. 2595. Law fixing prescription of the crime of libel and of a civil action arising therefrom, now provided in Art. 90.
      26. Act No. 2711, Secs. 102, 2670, 2671, and 2672. Act amending the Revised Administrative Code.
      27. Act No. 3104 amending Acts 2726. Law governing manner in which the death penalty shall be executed, now embodied in Arts. 18-85.
      28. Act No. 3586 and 3397. Law governing habitual delinquency, now provided in Art. 62, par. 5.
      29. General Orders No. 58, series of 1900, Sec. 106. Code of Criminal Procedure.
      30. Other laws repealed by the Revised Penal Code are Acts Nos. 2030, 2142, 2298, 2712, 3195, 3244, 3298, and 3313, which are merely amendatory laws on the old Penal Code.chan robles virtual law library

    ___________________________________________PRESIDENTIAL DECREE NO. 1602SIMPLIFYING AND PROVIDING STIFFER PENALTIES FORVIOLATIONS OF PHILIPPINE GAMBLING LAWS
    WHEREAS, Philippine Gambling Laws particularly Articles 195-199, the Revised Penal Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 499 (Cockfighting), Presidential Decree No. 483, (Game Fixing), Presidential Decree No., 519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai Bookies) and other City and Municipal Ordinances gambling all over the country have become ineffective and easily circumvented in view of the confusing and inappropriate system of penalties imposed on violations thereof.
    WHEREAS, there is an urgent need to update these gambling laws for simplicity and clearer understanding and to standardize and provide stiffer penalties for their violations to make them more effective and responsive to the present norms of conduct and behavior of the people.
    NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and in order to effect the desired and necessary changes and reforms in the social and economic structure of our society, do hereby order and declare to be part of the laws of the land, the following:
    Sec. 1. Violations and Penalties. — The penalty of prision mayor in its medium degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:
    (a) Any person other than those referred to in the succeeding subsection who in any manner, shall directly or indirectly take part in any game of cockfighting, jueteng, bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or pompiang and the like, black jack, lucky nine, "pusoy" or Russian Poker, monte, baccarat and other card games, palk que, domino, mahjong, high and low, slot machines, roullette, pinball and other mechanical inventories or devices, dog racing, boat racing, car raising and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and other contests to include game fixing, point shaving and other machinations banking or percentage game, or any other game or scheme, whether upon chance or skill, which do not have a franchise from the national government, wherein wagers consisting of money, articles of value of representative of value are made;
    (b) Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in inhabited or uninhabited places or any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein or the place is a public or government building or barangay hall, the culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos.
    The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be imposed upon the maintainer, conductor of the above gambling schemes.
    The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government official, or if a player, promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving and other game machination.
    The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour of any day shall have in his possession any lottery list, paper, or other matter containing letter, figures, signs or symbols which pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies and similar game or lottery which has taken place or about to take place.
    Sec. 2. Barangay Official. — Any barangay official in whose jurisdiction such gambling house is found and which house has the reputation of a gambling place shall suffer the penalty of prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand Pesos and temporary absolute disqualifications.
    Sec. 3. Informer's Reward. — Any person who shall give the information that will lead to the arrest and final conviction of the offender shall be rewarded an amount equivalent to Twenty Per Centum (20%) of the cash money confiscated form the offender.
    Sec. 4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decree Nos. 483, 499, 510, 1306, Letter of Instructions, laws, executive orders, rules and regulations, City and Municipal Ordinances which are inconsistent with this Decree are hereby repealed or accordingly modified.
    Sec. 5. Effectivity. — This Decree shall take effect immediately upon publication thereof by the Minister of the Ministry of Public Information at least once in a newspaper of general circulation.
    DONE in the City of Manila, this 11th day of June in the year of Our Lord, nineteen hundred and seventy-eight.
    ________________________________________ PRESIDENTIAL DECREE NO. 1613AMENDING THE LAW ON ARSON
    WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and other crimes involving destruction in Metro Manila and other urban centers in the country are being perpetuated by criminal syndicates, some of which have foreign connections;
    WHEREAS, the current law on arson suffer from certain inadequacies that impede the successful enforcement and prosecution of arsonists;
    WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be prevented to protect the national economy and preserve the social economic and political stability of the country;
    NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby order and decree as part of the law of the land, the following:
    Sec. 1. Arson. — Any person who burns or sets fire to the property of another shall be punished by Prision mayor.
    The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.
    Sec. 2. Destructive Arson. — The penalty of Reclusion temporal in its maximum period to Reclusion perpetua shall be imposed if the property burned is any of the following:
    1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.
    2. Any archive, museum, whether public or private or any edifice devoted to culture, education or social services.
    3. Any church or place or worship or other building where people usually assemble.
    4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.
    5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.
    6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.
    7. Any building, whether used as dwelling or not, situated in a populated or congested area.
    Sec. 3. Other Cases of Arson. — The penalty of Reclusion temporal to Reclusion perpetua shall be imposed if the property burned is any of the following:
    1. Any building used as offices of the government or any of its agencies;
    2. Any uninhabited house or dwelling;
    3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
    4. Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or forest;
    5. Any rice mill, cane mill or mill central; and
    6. Any railway or bus station, airport, wharf or warehouse.
    Sec. 4. Special Aggravating Circumstances in Arson. — The penalty in any case of arson shall be imposed in its maximum period:
    1. If committed with intent to gain;
    2. If committed for the benefit of another;
    3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
    4. If committed by a syndicate.
    The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.
    Sec. 5. Where Death Results From Arson. — If by reason of or on the occasion of arson death results, the penalty of Reclusion perpetua to death shall be imposed.
    Sec. 6. Prima Facie Evidence of Arson. — Any of the following circumstances shall constitute prima facie evidence of arson:
    1. If the fire started simultaneously in more than one part of the building or establishment.
    2. If substantial amount of flammable substances or materials are stored within the building not necessary in the business of the offender nor for household use.
    3. Gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers, thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property.
    4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy.
    5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under the control of the offender and/or insured.
    6. If shortly before the fire a substantial portion of the effects insured and stored in building or property had been withdrawn from the premises except in the ordinary course of business.
    7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of other person or property of the victim.
    Sec. 7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall be punished by prision mayor in its minimum period.
    Sec. 8. Confiscation of Object of Arson. — The building which is the object of arson including the land on which it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.
    Sec. 9. Repealing Clause. — The provisions of Articles 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 amended accordingly.
    Sec. 10. Effectivity. — This Decree shall take effect immediately upon publication thereof at least once in a newspaper of general circulation.
    Done in the City of Manila this 7th day of March nineteen hundred and seventy nine.

    [/align]

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    المحامى والمستشار القانونى لنقابة مهنة هيئة التمريض
    المنصورة:السكة الجديدة- برج الدكرورى(الملكة)-الدور السابع-شقة(27)

    موبايل
    01008153885


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    تاريخ التسجيل
    Oct 2008
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    [align=left] PRESIDENTIAL DECREE NO. 1744AMENDING ARTICLE THREE HUNDRED AND TWENTY OFTHE REVISED PENAL CODE PROVISIONS ON ARSONWHEREAS, there have been rampant and wanton burnings of residential houses, public buildings, markets, hotels and other commercial establishments;
    WHEREAS, to effectively discourage and deter the commission of arson, and to prevent destruction of properties and protect the lives of innocent people, it is necessary that the capital punishment be imposed upon arsonists;
    NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the power vested in me by the Constitution, do hereby order and decree that Article 320, Revised Penal Code be amended:
    Sec. 1. Article 320 of the Revised Penal Code shall read as follows:
    "Art. 320. Destructive Arson. — The penalty of reclusion temporal in its maximum period to death shall be imposed upon any person who shall burn:
    1. One (1) or more buildings or edifices, consequent to one single act of burning or as a result of simultaneous burnings, or committed on several or different occasions;
    2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as but not limited to official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.
    3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.
    4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.
    5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.
    Irrespective of the application of the above enumerated qualifying circumstances, the penalty of death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.
    The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any person who shall burn:
    1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the government.
    2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
    If as a consequence of his commission of any of the acts penalized under this Article, death or injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties were burned or destroyed, the mandatory penalty of death shall be imposed."
    Sec. 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may be inconsistent herewith are hereby repealed.
    Sec. 3. Effectivity. — This Decree shall take effect immediately.
    Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen hundred and eighty.
    ___________________________________ The other provisions of Republic Act 4363, approved 19, 1965 are as follows:
    Sec. 2. If any section or sections of this Act shall be declared unconstitutional or invalid it shall not invalidate the other sections hereof.
    Sec. 3. This Act shall take effect only if and when, within thirty days from its approval, the newspapermen in the Philippines shall organize, and elect the members of, a Philippine Press Council, a private agency of the said newspapermen, whose function shall be to promulgate a Code of Ethics for them and the Philippines press, investigate violations thereof, and censure any newspaperman or newspaper guilty of any violation of the said Code, and the fact that such Philippine Press council has been organized and its members have been duly elected in accordance herewith shall be ascertained and proclaimed by the President of the Philippines.
    [/align]
    مكتب
    هيثم الفقى

    المحامى والمستشار القانونى لنقابة مهنة هيئة التمريض
    المنصورة:السكة الجديدة- برج الدكرورى(الملكة)-الدور السابع-شقة(27)

    موبايل
    01008153885


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