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Crimes Against Persons

Source: Revised Penal Code

Chapter One: Destruction of Life

Section One. – Parricide, Murder, Homicide
Article 246. Parricide. – Any person who shall kill his father,
mother, or child, whether legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty of reclusion perpetua
to death.

Article 247. Death or physical injuries inflicted under exceptional

circumstances. – Any legally married person who having surprised his
spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he

shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to

parents with respect to their daughters under eighteen years of age,
and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his
wife or daughter, or shall otherwise have consented to the infidelity
of the other spouse shall not be entitled to the benefits of this
article.

Article 248. Murder. – Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusion temporal in its maximum
period to death, if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.

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Article 249. Homicide. – Any person who, not falling within the
provisions of Article 246, shall kill another without the attendance
of any of the circumstances enumerated in the next preceding article,
shall be deemed guilty of homicide and be punished by reclusion
temporal.

Article 250. Penalty for frustrated parricide, murder or homicide. –

The courts, in view of the facts of the case, may impose upon the
person guilty of the frustrated crime of parricide, murder or
homicide, defined and penalized in the preceding articles, a penalty
lower by one degree than that which should be imposed under the
provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under Article 51 should be imposed for an
attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. – When, while

several persons, not composing groups organized for the common purpose
of assaulting and attacking each other reciprocally, quarrel and
assault each other in a confused and tumultuous manner, and in the
course of the affray someone is killed, and it cannot be ascertained
who actually killed the deceased, but the person or persons who
inflicted serious physical injuries can be identified, such person or
persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries

on the deceased, the penalty of prision correccional in its medium and
maximum periods shall be imposed upon all those who shall have used
violence upon the person of the victim.

Article 252. Physical injuries inflicted in a tumultuous affray. –

When in a tumultuous affray as referred to in the preceding article,
only serious physical injuries are inflicted upon the participants
thereof and the person responsible thereof cannot be identified, all
those who appear to have used violence upon the person of the offended
party shall suffer the penalty next lower in degree than that provided
for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and
the person responsible therefor cannot be identified, all those who
appear to have used any violence upon the person of the offended party
shall be punished by arresto mayor from five to fifteen days.

Article 253. Giving assistance to suicide. – Any person who shall

assist another to commit suicide shall suffer the penalty of prision
mayor; if such person leads his assistance to another to the extent of
doing the killing himself, he shall suffer the penalty of reclusion
temporal.

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However, if the suicide is not consummated, the penalty of arresto

mayor in its medium and maximum periods, shall be imposed.

Article 254. Discharge of firearms. – Any person who shall shoot at

another with any firearm shall suffer the penalty of prision
correccional in its minimum and medium periods, unless the facts of
the case are such that the act can be held to constitute frustrated or
attempted parricide, murder, homicide or any other crime for which a
higher penalty is prescribed by any of the articles of this Code.
Section Two. – Infanticide and abortion.

Article 255. Infanticide. – The penalty provided for parricide in

Article 246 and for murder in Article 248 shall be imposed upon any
person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of

the child for the purpose of concealing her dishonor, she shall suffer
the penalty of prision correccional in its medium and maximum periods,
and if said crime be committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be prision mayor.

Article 256. Intentional abortion. – Any person who shall

intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence
upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall
act without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum
periods, if the woman shall have consented.

Article 257. Unintentional abortion. – The penalty of prision

correccional in its minimum and medium period shall be imposed upon
any person who shall cause an abortion by violence, but
unintentionally.

Article 258. Abortion practiced by the woman herself of by her

parents. – The penalty of prision correccional in its medium and
maximum periods shall be imposed upon a woman who shall practice
abortion upon herself or shall consent that any other person should do
so.

Any woman who shall commit this offense to conceal her dishonor, shall
suffer the penalty of prision correccional in its minimum and medium
periods.

If this crime be committed by the parents of the pregnant woman or

either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the
penalty of prision correccional in its medium and maximum periods.

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Art. 259. Abortion practiced by a physician or midwife and dispensing

of abortives. – The penalties provided in Article 256 shall be imposed
in its maximum period, respectively, upon any physician or midwife
who, taking advantage of their scientific knowledge or skill, shall
cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician

shall dispense any abortive shall suffer arresto mayor and a fine not
exceeding One hundred thousand pesos (₱100,000). (As amended by R.A.
10951)

Section Three. – Duel

Article 260. Responsibility of participants in a duel. – The penalty
of reclusion temporal shall be imposed upon any person who shall kill
his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall

suffer the penalty provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto
mayor, although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.

Article 261. Challenging to a duel. – The penalty of prision

correccional in its minimum period shall be imposed upon any person
who shall challenge another, or incite another to give or accept a
challenge to a duel, or shall scoff at or decry another publicly for
having refused to accept a challenge to fight a duel.

Chapter Two: Physical Injuries

Article 262. Mutilation. – The penalty of reclusion temporal to
reclusion perpetua shall be imposed upon any person who shall
intentionally mutilate another by depriving him, either totally or
partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in
its medium and maximum periods.

Article 263. Serious physical injuries. – Any person who shall wound,
beat, or assault another, shall be guilty of the crime of serious
physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the
person injured shall have lost the use of speech or the power to hear
or to smell, or shall have lost an eye, a hand, a foot, an arm, or a
leg or shall have lost the use of any such member, or shall have
become incapacitated for the work in which he was therefor habitually
engaged;
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries inflicted, the

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person injured shall have become deformed, or shall have lost any
other part of his body, or shall have lost the use thereof, or shall
have been ill or incapacitated for the performance of the work in
which he as habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted
shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.

If the offense shall have been committed against any of the persons
enumerated in Article 246, or with attendance of any of the
circumstances mentioned in Article 248, the case covered by
subdivision number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to
prision mayor in its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and maximum periods;
and the case covered by subdivision number 4 by prision correccional
in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a

parent who shall inflict physical injuries upon his child by excessive
chastisement.

Article 264. Administering injurious substances or beverages. – The

penalties established by the next preceding article shall be
applicable in the respective case to any person who, without intent to
kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or
by taking advantage of his weakness of mind or credulity.

Art. 265. Less serious physical injuries. – Any person who shall
inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor
for ten (10) days or more, or shall require medical assistance for the
same period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with
the manifest intent to insult or offend the injured person, or under
circumstances adding ignominy to the offense, in addition to the
penalty of arresto mayor, a fine not exceeding Fifty thousand pesos
(₱50,000) shall be imposed.

Any less serious physical injuries inflicted upon the offender’s

parents, ascendants, guardians, curators, teachers, or persons of
rank, or persons in authority, shall be punished by prisión
correccional in its minimum and medium periods: Provided, That in the
case of persons in authority, the deed does not constitute the crime
of assault upon such persons. (As amended by R.A. 10951)

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Art. 266. Slight physical injuries and maltreatment. – The crime of

slight physical injuries shall be punished:
1. By arresto mayor when the offender has inflicted physical injuries
which shall incapacitate the offended party for labor from one (1)
days to nine (9) days, or shall require medical attendance during the
same period.
2. By arresto menor or a fine not exceeding Forty thousand pesos
(₱40,000) and censure when the offender has caused physical injuries
which do not prevent the offended party from engaging in his habitual
work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding Five
thousand pesos (₱5,000) when the offender shall ill-treat another by
deed without causing any injury. (As amended by R.A. 10951)

Crimes Against Personal Liberty and Security

Source: Revised Penal Code

Chapter One: Crimes Against Liberty

Section One. – Illegal Detention
Article 267. Kidnapping and serious illegal detention. – Any private
individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion
perpetua to death:
1. If the kidnapping or detention shall have lasted more than five
days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have
been made.
4. If the person kidnapped or detained shall be a minor, female or a
public officer.
The penalty shall be death where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or any
other person, even if none of the circumstances above-mentioned were
present in the commission of the offense.

Art. 268. Slight illegal detention. – The penalty of reclusion

temporal shall be imposed upon any private individual who shall commit
the crimes described in the next preceding article without the
attendance of any of the circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the
place for the perpetration of the crime.
If the offender shall voluntarily release the person so kidnapped or
detained within three (3) days from the commencement of the detention,
without having attained the purpose intended, and before the
institution of criminal proceedings against him, the penalty shall be
prisión mayor in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (₱100,000).
Art. 269. Unlawful arrest. – The penalty of arresto mayor and a fine
not exceeding One hundred thousand pesos (₱100,000) shall be imposed

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upon any person who, in any case other than those authorized by law,
or without reasonable ground therefor, shall arrest or detain another
for the purpose of delivering him to the proper authorities. (As
amended by R.A. 10951)

Section Two. – Kidnapping of minors

Article 270. Kidnapping and failure to return a minor. – The penalty
of reclusion perpetua shall be imposed upon any person who, being
entrusted with the custody of a minor person, shall deliberately fail
to restore the latter to his parents or guardians.

Art. 271. Inducing a minor to abandon his home. – The penalty of

prisión correccional and a fine not exceeding One hundred thousand
pesos (₱100,000) shall be imposed upon anyone who shall induce a minor
to abandon the home of his parents or guardians or the persons
entrusted with his custody.
If the person committing any of the crimes covered by the two (2)
preceding articles shall be the father or the mother of the minor, the
penalty shall be arresto mayor or a fine not exceeding Forty thousand
pesos (₱40,000), or both. (As amended by R.A. 10951)

Section Three. – Slavery and Servitude

Article 272. Slavery. – The penalty of prision mayor and a fine of not
exceeding 10,000 pesos shall be imposed upon anyone who shall
purchase, sell, kidnap or detain a human being for the purpose of
enslaving him.
If the crime be committed for the purpose of assigning the offended
party to some immoral traffic, the penalty shall be imposed in its
maximum period.

Article 273. Exploitation of child labor. – The penalty of prision

correccional in its minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon anyone who, under the
pretext of reimbursing himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody of a minor, shall,
against the latter’s will, retain him in his service.

Article 274. Services rendered under compulsion in payment of debt. –

The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon any person
who, in order to require or enforce the payment of a debt, shall
compel the debtor to work for him, against his will, as household
servant or farm laborer.

Chapter Two: Crimes Against Security

Section One. – Abandonment of helpless persons and exploitation of
minors.
Article 275. Abandonment of person in danger and abandonment of one’s
own victim. – The penalty of arresto mayor shall be imposed upon:
1. Any one who shall fail to render assistance to any person whom he
shall find in an uninhabited place wounded or in danger of dying, when

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he can render such assistance without detriment to himself, unless

such omission shall constitute a more serious offense.
2. Anyone who shall fail to help or render assistance to another whom
he has accidentally wounded or injured.
3. Anyone who, having found an abandoned child under seven years of
age, shall fail to deliver said child to the authorities or to his
family, or shall fail to take him to a safe place.

Art. 276. Abandoning a minor. – The penalty of arresto mayor and a

fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed upon anyone who shall abandon a child under seven (7) years of
age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the
culprit shall be punished by prisión correccional in its medium and
maximum periods; but if the life of the minor shall have been in
danger only, the penalty shall be prisión correccional in its minimum
and medium periods.

The provisions contained in the two (2) preceding paragraphs shall not
prevent the imposition of the penalty provided for the act committed,
when the same shall constitute a more serious offense. (As amended by
R.A. 10951)

Art. 277. Abandonment of minor by person entrusted with his custody;

Indifference of parents. – The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (₱100,000) shall be imposed upon
anyone who, having charge off the rearing or education of a minor,
shall deliver said minor to a public institution or other persons,
without the consent of the one who entrusted such child to his care or
in the absence of the latter, without the consent of the proper
authorities.

The same penalty shall be imposed upon the parents who shall neglect
their children by not giving them the education which their station in
life requires and financial condition permits. (As amended by R.A.
10951)

Art. 278. Exploitation of minors. – The penalty of prisión

correccional in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (₱100,000) shall be imposed upon:
1. Any person who shall cause any boy or girl under sixteen (16) years
of age to perform any dangerous feat of balancing, physical strength,
or contortion.
2. Any person who, being an acrobat, gymnast, rope-walker, diver,
wild-animal tamer or circus manager or engaged in a similar calling,
shall employ in exhibitions of these kinds children under sixteen (16)
years of age who are not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next
preceding paragraph who shall employ any descendant of his under
twelve years (12) years of age in such dangerous exhibitions.

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4. Any ascendant, guardian, teacher or person entrusted in any

capacity with the care of a child under sixteen (16) Years of age, who
shall deliver such child gratuitously to any person following any of
the callings enumerated in paragraph 2 hereof, or to any habitual
vagrant or beggar.

If the delivery shall have been made in consideration of any price,

compensation, or promise, the penalty shall in every case be imposed
in its maximum period.

In either case, the guardian or curator convicted shall also be

removed from office as guardian or curator; and in the case of the
parents of the child, they may be deprived, temporarily or
perpetually, in the discretion of the court, of their parental
authority.

5. Any person who shall induce any child under sixteen (16) years of
age to abandon the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any of the callings mentioned
in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.
(As amended by R.A. 10951)

Article 279. Additional penalties for other offenses. – The imposition

of the penalties prescribed in the preceding articles, shall not
prevent the imposition upon the same person of the penalty provided
for any other felonies defined and punished by this Code.
Section Two. – Trespass to dwelling

Art. 280. Qualified trespass to dwelling. – Any private person who

shall enter the dwelling of another against the latter’s will shall be
punished by arresto mayor and a fine not exceeding Two hundred
thousand pesos (₱200,000).

If the offense be committed by means of violence or intimidation, the

penalty shall be prisión correccional in its medium and maximum
periods and a fine not exceeding Two hundred thousand pesos
(₱200,000).

The provisions of this article shall not be applicable to any person

who shall enter another’s dwelling for the purpose of preventing some
serious harm to himself, the occupants of the dwelling or a third
person, nor shall it be applicable to any person who shall enter a
dwelling for the purpose of rendering some service to humanity or
justice, nor to anyone who shall enter cafes, taverns, inns and other
public houses, while the same are open. (As amended by R.A. 10951)

Art. 281. Other forms of trespass. – The penalty of arresto menor or a

fine not exceeding Forty thousand pesos (₱40,000), or both, shall be
imposed upon any person who shall enter the closed premises or the
fenced estate of another, while either or both of them are
uninhabited, if the prohibition to enter be manifest and the

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trespasser has not secured the permission of the owner or the

caretaker thereof. (As amended by R.A. 10951)

Section Three. – Threats and Coercion

Art. 282. Grave threats. – Any person who shall threaten another with
the infliction upon the person, honor or property of the latter or of
his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for
the crime he threatened to commit, if the offender shall have made the
threat demanding money or imposing any other condition, even though
not unlawful, and said offender shall have attained his purpose. If
the offender shall not have attained his purpose, the penalty lower by
two (2) degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty

shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding One hundred
thousand pesos (₱100,000), if the threat shall not have been made
subject to a condition. (As amended by R.A. 10951)

Article 283. Light threats. – Any threat to commit a wrong not

constituting a crime, made in the manner expressed in subdivision 1 of
the next preceding article, shall be punished by arresto mayor.

Article 284. Bond for good behavior. – In all cases falling within the
two next preceding articles, the person making the threats may also be
required to give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to destierro.

Art. 285. Other light threats. – The penalty of arresto menor in its
minimum period or a fine not exceeding Forty thousand pesos (₱40,000)
shall be imposed upon:
1. Any person who, without being included in the provisions of the
next preceding article, shall threaten another with a weapon, or draw
such weapon in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another
with some harm not constituting a crime, and who by subsequent acts
shows that he did not persist in the idea involved in his threat:
Provided, That the circumstances of the offense shall not bring it
within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not
constituting a felony. (As amended by R.A. 10951)

Art. 286. Grave coercions. – The penalty of prisión correccional and a

fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed upon any person who, without any authority of law, shall, by
means of violence, threats, or intimidation, prevent another from
doing something not prohibited by law, or compel him to do something
against his will, whether it be right or wrong.

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If the coercion be committed in violation of the exercise of the right

of suffrage, or for the purpose of compelling another to perform any
religious act, or to prevent him from exercising such right or from so
doing such act, the penalty next higher in degree shall be imposed.
(As amended by R.A. 10951)

Art. 287. Light coercions. – Any person who, by means of violence,

shall seize anything belonging to his debtor for the purpose of
applying the same to the payment of the debt, shall suffer the penalty
of arresto mayor in its minimum period and a fine equivalent to the
value of the thing, but in no case less than Fifteen thousand pesos
(₱15,000).
Any other coercions or unjust vexations shall be punished by arresto
menor or a fine ranging from One thousand pesos (₱1,000) to not more
than Forty thousand pesos (₱40,000), or both. (As amended by R.A.
10951)

Art. 288. Other similar coercions; (Compulsory purchase of merchandise

and payment of wages by means of tokens. – The penalty of arresto
mayor or a fine ranging from Forty thousand pesos (₱40,000) to One
hundred thousand pesos (₱100,000), or both, shall be imposed upon any
person, agent or officer of any association or corporation who shall
force or compel, directly or indirectly, or shall knowingly permit any
laborer or employee employed by him or by such firm or corporation to
be forced or compelled, to purchase merchandise or commodities of any
kind.

The same penalties shall be imposed upon any person who shall pay the
wages due a laborer or employee employed by him, by means of tokens or
objects other than the legal tender currency of the Philippines,
unless expressly requested by the laborer or employee. (As amended by
R.A. 10951)

Art. 289. Formation, maintenance and prohibition of combination of

capital or labor through violence or threats. – The penalty of arresto
mayor and a fine not exceeding Sixty thousand pesos (₱60,000) shall be
imposed upon any person who, for the purpose of organizing,
maintaining or preventing coalitions of capital or labor, strike of
laborers or lock-out of employers, shall employ violence or threats in
such a degree as to compel or force the laborers or employees in the
free and legal exercise of their industry or work, if the act shall
not constitute a more serious offense in accordance with the
provisions of this Code. (As amended by R.A. 10951)

Chapter Three: Discovery and Revelation of Secrets

Art. 290. Discovering secrets through seizure of correspondence. – The
penalty of prisión correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed upon any private individual who in order to discover the
secrets of another, shall seize his papers or letters and reveal the
contents thereof.

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If the offender shall not reveal such secrets, the penalty shall be
arresto mayor and a fine not exceeding One hundred thousand pesos
(₱100,000).

This provision shall not be applicable to parents, guardians, or

person entrusted with the custody of minors with respect to the papers
or letters of the children or minors placed under their care or
custody, nor to spouses with respect to the papers or letters of
either of them. (As amended by R.A. 10951)

Art. 291. Revealing secrets with abuse of office. – The penalty of

arresto mayor and a fine not exceeding One hundred thousand pesos
(₱100,000) shall be imposed upon any manager, employee or servant who,
in such capacity, shall learn the secrets of his principal or master
and shall reveal such secrets. (As amended by R.A. 10951)

Art. 292. Revelation of industrial secrets. – The penalty of prisión

correccional in its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (₱100,000) shall be imposed upon
the person in charge, employee or workman of any manufacturing or
industrial establishment who, to the prejudice of the owner thereof,
shall reveal the secrets of the industry of the latter. (As amended by
R.A. 10951)

Crimes Against Property

Source: Revised Penal Code

Chapter One: Robbery in General

Article 293. Who are guilty of robbery. – Any person who, with intent
to gain, shall take any personal property belonging to another, by
means of violence or intimidation of any person, or using force upon
anything shall be guilty of robbery.

Section One. – Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons;
Penalties. – Any person guilty of robbery with the use of violence
against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on
occasion of the robbery, the crime of homicide shall have been
committed.
2. The penalty of reclusion temporal in its medium period to reclusion
perpetua when the robbery shall have been accompanied by rape or
intentional mutilation, or if by reason or on occasion of such
robbery, any of the physical injuries penalized in subdivision 1 of
Article 263 shall have been inflicted; Provided, however, that when
the robbery accompanied with rape is committed with a use of a deadly
weapon or by two or more persons, the penalty shall be reclusion
perpetua to death (As amended by PD No. 767).
3. The penalty of reclusion temporal, when by reason or on occasion of
the robbery, any of the physical injuries penalized in subdivision 2

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of the article mentioned in the next preceding paragraph, shall have

been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion
temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried to a
degree clearly unnecessary for the commission of the crime, or when
the course of its execution, the offender shall have inflicted upon
any person not responsible for its commission any of the physical
injuries covered by sub-divisions 3 and 4 of said Article 23.
5. The penalty of prision correccional in its maximum period to
prision mayor in its medium period in other cases. (As amended by R.
A. 18).

Article 295. Robbery with physical injuries, committed in an

uninhabited place and by a band, or with the use of firearm on a
street, road or alley. – If the offenses mentioned in subdivisions
three, four, and five of the next preceding article shall have been
committed in an uninhabited place or by a band, or by attacking a
moving train, street car, motor vehicle or airship, or by entering the
passenger’s compartments in a train or, in any manner, taking the
passengers thereof by surprise in the respective conveyances, or on a
street, road, highway, or alley, and the intimidation is made with the
use of a firearm, the offender shall be punished by the maximum period
of the proper penalties.
In the same cases, the penalty next higher in degree shall be imposed
upon the leader of the band.

Article 296. Definition of a band and penalty incurred by the members

thereof. – When more than three armed malefactors take part in the
commission of a robbery, it shall be deemed to have been committed by
a band. When any of the arms used in the commission of the offense be
an unlicensed firearm, the penalty to be imposed upon all the
malefactors shall be the maximum of the corresponding penalty provided
by law, without prejudice of the criminal liability for illegal
possession of such unlicensed firearms.
Any member of a band who is present at the commission of a robbery by
the band, shall be punished as principal of any of the assaults
committed by the band, unless it be shown that he attempted to prevent
the same.

Article 297. Attempted and frustrated robbery committed under certain

circumstances. – When by reason or on occasion of an attempted or
frustrated robbery a homicide is committed, the person guilty of such
offenses shall be punished by reclusion temporal in its maximum period
to reclusion perpetua, unless the homicide committed shall deserve a
higher penalty under the provisions of this Code.
Article 298. Execution of deeds by means of violence or intimidation.
– Any person who, with intent to defraud another, by means of violence
or intimidation, shall compel him to sign, execute or deliver any
public instrument or documents, shall be held guilty of robbery and
punished by the penalties respectively prescribed in this Chapter.

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Section Two. – Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or edifice

devoted to worship. – Any armed person who shall commit robbery in an
inhabited house or public building or edifice devoted to religious
worship, shall be punished by reclusion temporal, if the value of the
property taken shall exceed Fifty thousand pesos (₱50,000), and if—
(a) The malefactors shall enter the house or building in which the
robbery was committed, by any of the following means:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or
window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of public
authority.
Or if—
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle.
2. By taking such furniture or objects away to be broken or forced
upon outside the place of the robbery.
When the offenders do not carry arms, and the value of the property
taken exceeds Fifty thousand pesos (₱50,000), the penalty next lower
in degree shall be imposed.
The same rule shall be applied when the offenders are armed, but the
value of the property taken does not exceed Fifty thousand pesos
(₱50,000).
When said offenders do not carry arms and the value of the property
taken does not exceed Fifty thousand pesos (₱50,000), they shall
suffer the penalty prescribed in the two (2) next preceding
paragraphs, in its minimum period.
If the robbery be committed in one of the dependencies of an inhabited
house, public building, or building dedicated to religious worship,
the penalties next lower in degree than those prescribed in this
article shall be imposed. (As amended by R.A. 10951)

Article 300. Robbery in an uninhabited place and by a band. – The

robbery mentioned in the next preceding article, if committed in an
uninhabited place and by a band, shall be punished by the maximum
period of the penalty provided therefor.

Article 301. What is an inhabited house, public building or building

dedicated to religious worship and their dependencies. – Inhabited
house means any shelter, ship or vessel constituting the dwelling of
one or more persons, even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery is committed.
All interior courts, corrals, waterhouses, granaries, barns, coach-
houses, stables or other departments or inclosed places contiguous to
the building or edifice, having an interior entrance connected
therewith, and which form part of the whole, shall be deemed

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dependencies of an inhabited house, public building or building

dedicated to religious worship.
Orchards and other lands used for cultivation or production are not
included in the terms of the next preceding paragraph, even if closed,
contiguous to the building and having direct connection therewith.
The term “public building” includes every building owned by the
Government or belonging to a private person not included used or
rented by the Government, although temporarily unoccupied by the same.

Art. 302. Robbery in an uninhabited place or in a private building. –

Any robbery committed in an uninhabited place or in a building other
than those mentioned in the first paragraph of Article 299, if the
value of the property taken exceeds Fifty thousand pesos (₱50,000),
shall be punished by prisión correccional in its medium and maximum
periods provided that any of the following circumstances is present:
1. If the entrance has been effected through any opening not intended
for entrance or egress.
2. If any wall, roof, floor or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools.
4. If any door, wardrobe, chest, or any sealed or closed furniture or
receptacle has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed, even if the same be broken open
elsewhere.

When the value of the property taken does not exceed Fifty thousand
pesos (₱50,000), the penalty next lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of
this Code, when the property taken is mail matter or large cattle, the
offender shall suffer the penalties next higher in degree than those
provided in said articles. (As amended by R.A. 10951)

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited

place or private building. – In the cases enumerated in Articles 299
and 302, when the robbery consists in the taking of cereals, fruits,
or firewood, the culprit shall suffer the penalty next lower in degree
than that prescribed in said articles.

Article 304. Possession of picklocks or similar tools. – Any person

who shall without lawful cause have in his possession picklocks or
similar tools especially adopted to the commission of the crime of
robbery, shall be punished by arresto mayor in its maximum period to
prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such
tools. If the offender be a locksmith, he shall suffer the penalty of
prision correccional in its medium and maximum periods.
Article 305. False keys. – The term “false keys” shall be deemed to
include:
1. The tools mentioned in the next preceding articles.

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2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock
forcibly opened by the offender.

Chapter Two: Brigandage

NB: Brigandage under the RPC has been superseded by P.D. 532, a.k.a.
the Anti-Highway Robbery Law of 1974.

Chapter Three: Theft

Article 308. Who are liable for theft. – Theft is committed by any
person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal
property of another without the latter’s consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver
the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the
damage caused by him; and
3. Any person who shall enter an inclosed estate or a field where
trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall gather
cereals, or other forest or farm products.
Art. 309. Penalties. – Any person guilty of theft shall be punished
by:
1. The penalty of prisión mayor in its minimum and medium periods, if
the value of the thing stolen is more than One million two hundred
thousand pesos (₱1,200,000) but does not exceed Two million two
hundred thousand pesos (₱2,200,000); but if the value of the thing
stolen exceeds the latter amount, the penalty shall be the maximum
period of the one prescribed in this paragraph, and one (1) year for
each additional One million pesos (₱1,000,000), but the total of the
penalty which may be imposed shall not exceed twenty (20) years. In
such cases, and in connection with the accessory penalties which may
be imposed and for the purpose of the other provisions of this Code,
the penalty shall be termed prisión mayor or reclusion temporal, as
the case may be.
2. The penalty of prisión correccional in its medium and maximum
periods, if the value of the thing stolen is more than Six hundred
thousand pesos (₱600,000) but does not exceed One million two hundred
thousand pesos (₱1,200,000).
3. The penalty of prisión correccional in its minimum and medium
periods, if the value of the property stolen is more than Twenty
thousand pesos (₱20,000) but does not exceed Six hundred thousand
pesos (₱600,000).
4. Arresto mayor in its medium period to prisión correccional in its
minimum period, if the value of the property stolen is over Five
thousand pesos (₱5,000) but does not exceed Twenty thousand pesos
(₱20,000).
5. Arresto mayor to its full extent, if such value is over Five
hundred pesos (₱500) but does not exceed Five thousand pesos (₱5,000).

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6. Arresto mayor in its minimum and medium periods, if such value does
not exceed Five hundred pesos (₱500).
7. Arresto menor or a fine not exceeding Twenty thousand pesos
(₱20,000), if the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding article and the value
of the thing stolen does not exceed Five hundred pesos (₱500). If such
value exceeds said amount, the provisions of any of the five preceding
subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine of not exceeding Five
thousand pesos (₱5,000), when the value of the thing stolen is not
over Five hundred pesos (₱500), and the offender shall have acted
under the impulse of hunger, poverty, or the difficulty of earning a
livelihood for the support of himself or his family. (As amended by
R.A. 10951)

Article 310. Qualified theft. – The crime of theft shall be punished

by the penalties next higher by two degrees than those respectively
specified in the next preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen
is motor vehicle, mail matter or large cattle or consists of coconuts
taken from the premises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any other calamity,
vehicular accident or civil disturbance. (As amended by R.A. 120 and
B.P. Blg. 71. May 1, 1980).

Art. 311. Theft of the property of the National Library and National
Museum.— If the property stolen be any property of the National
Museum, the penalty shall be arresto mayor or a fine ranging from
Forty thousand pesos (₱40,000) to One hundred thousand pesos
(₱100,000), or both, unless a higher penalty should be provided under
other provisions of this Code, in which case, the offender shall be
punished by such higher penalty. (As amended by R.A. 10951)

Chapter Four: Usurpation

Art. 312. Occupation of real property or usurpation of real rights in
property. – Any person who, by means of violence against or
intimidation of persons, shall take possession of any real property or
shall usurp any real rights in property belonging to another, in
addition to the penalty incurred for the acts of violence executed by
him, shall be punished by a fine from fifty (50) to one hundred (100)
per centum of the gain which he shall have obtained, but not less than
Fifteen thousand pesos (₱15,000).

If the value of the gain cannot be ascertained, a fine from Forty

thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000)
shall be imposed. (As amended by R.A. 10951)
Art. 313. Altering boundaries or landmarks. – Any person who shall
alter the boundary marks or monuments of towns, provinces, or estates,
or any other marks intended to designate the boundaries of the same,

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shall be punished by arresto menor or a fine not exceeding Twenty

thousand pesos (₱20,000), or both. (As amended by R.A. 10951)

Chapter Five: Culpable Insolvency

Article 314. Fraudulent insolvency. – Any person who shall abscond
with his property to the prejudice of his creditors, shall suffer the
penalty of prision mayor, if he be a merchant and the penalty of
prision correccional in its maximum period to prision mayor in its
medium period, if he be not a merchant.

Chapter Six: Swindling and Other Deceits

Art. 315. Swindling (estafa). – Any person who shall defraud another
by any of the means mentioned hereinbelow shall be punished by:

1st. The penalty of prisión correccional in its maximum period to

prisión mayor in its minimum period, if the amount of the fraud is
over Two million four hundred thousand pesos (₱2,400,000) but does not
exceed Four million four hundred thousand pesos (₱4,400,000), and if
such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for
each additional Two million pesos (₱2,000,000); but the total penalty
which may be imposed shall not exceed twenty years. In such cases, and
in connection with the accessory penalties which may be imposed and
for the purpose of the other provisions of this Code, the penalty
shall be termed prisión mayor or reclusion temporal, as the case may
be.

2nd. The penalty of prisión correccional in its minimum and medium

periods, if the amount of the fraud is over One million two hundred
thousand pesos (₱1,200,000) but does not exceed Two million four
hundred thousand pesos (₱2,400,000).

3rd. The penalty of arresto mayor in its maximum period to prisión

correccional in its minimum period, if such amount is over Forty
thousand pesos (₱40,000) but does not exceed One million two hundred
thousand pesos (₱1,200,000).

4th. By arresto mayor in its medium and maximum periods, if such

amount does not exceed Forty thousand pesos (₱40,000): Provided, That
in the four cases mentioned, the fraud be committed by any of the
following means:
1. With unfaithfulness or abuse of confidence, namely:
(a) altering the substance, quantity, or quality of anything of value
which the offender shall deliver by virtue of an obligation to do so,
even though such obligation be based on an immoral or illegal
consideration.
(b) By misappropriating or converting, to the prejudice of another,
money, goods, or any other personal property received by the offender
in trust or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the
same, even though such obligation be totally or partially guaranteed

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by a bond; or by denying having received such money, goods, or other

property.
(c) By taking undue advantage of the signature of the offended party
in blank, and by writing any document above such signature in blank,
to the prejudice of the offended party or any third person.

2. By means of any of the following false pretenses or fraudulent acts

executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining
to his art or business.
(c) By pretending to have bribed any Government employee, without
prejudice to the action for calumny which the offended party may deem
proper to bring against the offender. In this case, the offender shall
be punished by the maximum period of the penalty.
(d) By postdating a check, or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his funds
deposited therein were not sufficient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) clays from receipt of
notice from the bank and/or the payee or holder that said check has
been dishonored for lack or insufficiency of funds shall be prime
facie evidence of deceit constituting false pretense or fraudulent
act.

Any person who shall defraud another by means of false pretenses or

fraudulent acts as defined in paragraph 2(d) hereof shall be punished
by:
1st. The penalty of reclusion temporal in its maximum period, if the
amount of fraud is over Four million four hundred thousand pesos
(₱4,400,000) but does not exceed Eight million eight hundred thousand
pesos (₱8,800,000). If the amount exceeds the latter, the penalty
shall be reclusion perpetua.
2nd. The penalty of reclusion temporal in its minimum and medium
periods, if the amount of the fraud is over Two million four hundred
thousand pesos (₱2,400,000) but does not exceed Four million four
hundred thousand pesos (₱4,400,000).
3rd. The penalty of prisión mayor in its maximum period, if the amount
of the fraud is over One million two hundred thousand pesos
(₱1,200,000) but does not exceed Two million four hundred thousand
pesos (₱2,400,000).
4th. The penalty of prisión mayor in its medium period, if such amount
is over Forty thousand pesos (₱40,000) but does not exceed One million
two hundred thousand pesos (₱1,200,000).
5th. By prisión mayor in its minimum period, if such amount does not
exceed Forty thousand pesos (₱40,000).

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

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(b) By resorting to some fraudulent practice to insure success in a

gambling game.
(c) By removing, concealing or destroying, in whole or in part, any
court record, office files, document or any other papers. (As amended
by R.A. 10951)

Article 316. Other forms of swindling. – The penalty of arresto mayor

in its minimum and medium period and a fine of not less than the value
of the damage caused and not more than three times such value, shall
be imposed upon:
1. Any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it
from its lawful possessor, to the prejudice of the latter or any third
person.
4. Any person who, to the prejudice of another, shall execute any
fictitious contract.
5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed
by him, when in fact he did not actually perform such services or
labor.
6. Any person who, while being a surety in a bond given in a criminal
or civil action, without express authority from the court or before
the cancellation of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage, or, in any other
manner, encumber the real property or properties with which he
guaranteed the fulfillment of such obligation.

Article 317. Swindling a minor. – Any person who taking advantage of

the inexperience or emotions or feelings of a minor, to his detriment,
shall induce him to assume any obligation or to give any release or
execute a transfer of any property right in consideration of some loan
of money, credit or other personal property, whether the loan clearly
appears in the document or is shown in any other form, shall suffer
the penalty of arresto mayor and a fine of a sum ranging from 10 to 50
per cent of the value of the obligation contracted by the minor.
Art. 318. Other deceits. – The penalty of arresto mayor and a fine of
not less than the amount of the damage caused and not more than twice
such amount shall be imposed upon any person who shall defraud or
damage another by any other deceit not mentioned in the preceding
articles of this Chapter.

Any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the
public in any other similar manner, shall suffer the penalty of
arresto mayor or a fine not exceeding Forty thousand pesos (₱40,000).
(As amended by R.A. 10951)

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Chapter Seven: Chattel Mortgage

Article 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 Eight: Arson and Other Crimes involving Destructions

Art. 320. Destructive Arson. – The penalty of reclusion perpetua 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, 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 conveyances
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 reclusion perpetua to 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 perpetua to death shall also be imposed upon

any person who shall burn:

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1. Any arsenal, shipyard, storehouse or military powder or fireworks

factory, ordnance, 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 the commission of any of the acts penalized
under this Article, death results, the mandatory penalty of death
shall be imposed. (as amended by R.A. 7659)

Article 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;
(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;

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(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).

Article 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.
Article 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

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chapter, but in accordance with the damage caused and under the
provisions of the following chapter.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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;

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(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).

Chapter Nine: Malicious Mischief

Article 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 causes 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 prisión correccional in its minimum and medium periods, if the
value of the damage caused exceeds Two hundred thousand pesos
(₱200,000);
2. Bv arresto mayor if such value does not exceed the abovementioned
amount but is over Forty thousand pesos (₱40,000); and
3. By arresto menor, if such value does not exceed Forty thousand
pesos (₱40,000).

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 Two hundred thousand pesos (₱200,000);
2. By arresto mayor in its minimum and medium periods, if such value
is over Forty thousand pesos (₱40,000) but does not exceed Two hundred
thousand pesos (₱200,000); and
3. By arresto menor or a fine of not less than the value of the damage
caused and not more than Forty thousand pesos (₱40,000), if the amount
involved does not exceed Forty thousand pesos (₱40,000) or cannot be
estimated. (As amended by R.A. 10951)

Article 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

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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 prisión 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 Forty thousand pesos (₱40,000), or both such
fine and imprisonment, in the discretion of the court. (As amended by
R.A. 10951)

Chapter Ten: Exemption from Criminal Liability in Crimes Against

Property
Article 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.

Crimes Against Chastity

Source: Revised Penal Code

Crimes against chastity – refer to those crimes that relate to sexual

intercourse.
1. Common Provisions
a. Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness

Article 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

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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.

1) Adultery and concubinage

The following are unique provisions which apply to adultery and
concubinage.
a) Complaint by offended spouse
Prosecution of the following offenses may only be made via a complaint
from the offended spouses:
1) Adultery; and
2) Concubinage.
NB: This also applies to co-principals, accomplices, and accessories.

b) Both guilty parties, charged

To institute a complaint for adultery and concubinage, both guilty
parties have to be charged if they are alive.
NB: As it is currently worded, the offense may be prosecuted against
the surviving guilty party if the other one is dead, regardless of
whether the surviving party is the guilty spouse or the
paramour/lover.
b) Effect of consent
If the offended party should consent have consented, the offenses of
adultery or concubinage cannot be prosecuted. To be clear, this does
not mean that no offense was committed. Rather, there is, in fact, an
offense that has been committed; however, due to the provision on
consent, the offense cannot be prosecuted or instituted.
It should be noted that to consent to adultery or concubinage is to
know beforehand that it was going to be committed. Otherwise, if the
offense has been committed, and the innocent learns about it and does
not prosecute, then it is a form of pardon.

NB: Ordinarily, consent may be express or implied. To expressly given

consent, the innocent spouse would have assented with a “yes”, a nod,
or analogous expressions. For implied, it may pose some difficulties
considering the nature of the offenses. For the accused, it would be
difficult to prove an implied consent as it can be easily denied.

NB: This also applies to co-principals, accomplices, and accessories.

c) Effect of pardon
Similarly, if the offended party has pardoned the offenders, no
prosecution can be made against the offences of adultery or
concubinage.
As the provision is currently worded, it seems to suggest that pardon
may be express or implied for adultery and concubinage. However, if

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you go to the next paragraph for seduction, abduction, rape, and acts
of lasciviousness, pardon should be express.

When pardoning, the offended party should be fully informed of the

completeness of the offense and the effects once pardon is given,
i.e., the absolution of a grave offense against the offended party.
For express pardon, it has to be made clear and categorical without
any room for doubt that it was the intention of the offended party.
Hence, the offended party should make a positive act of forgiving the
guilty parties, such as verbally saying that they have been forgiven,
a written statement or an affidavit clearly stating the condonation,
or analogous acts that undeniably shows forgiveness on the part of the
offended party.

For implied pardon, this may pose some difficulties or challenges as

it has to be inferred from the actions or behavior of the offended
party. Knowledge that the guilty spouse is committing adulty or
concubinage and not prosecuting or doing anything about it would not
necessarily amount to a pardon. It may be interpreted simply as
tolerance. Notwithstanding, this would not bar the innocent spouse
from prosecuting later on.
NB: This also applies to co-principals, accomplices, and accessories.

2) Seduction, abduction, rape, or acts of lasciviousness

The following are unique provisions which apply to seduction,
abduction, rape, or acts of lasciviousness.
a) Complaint by offended party, etc.
Prosecution of the following offenses may only be made via a complaint
from the offended party or her parents, grandparents, or guardian:
1) Seduction;
2) Abduction;
3) Rape; and
4) Acts of lasciviousness.

NB: This also applies to co-principals, accomplices, and accessories.

b) Expressly pardoned
Thus, pardon for seduction, abduction, rape, or acts of lasciviousness
may be expressly given by the following:
1) Offended party;
2) Her parents;
3) Her grandparents; or
4) Her guardian.
As with adultery and concubinage, if the above-named individuals
including the offended party pardoned the offender, no prosecution can
be made against seduction, abduction, rape, or acts of lasciviousness.
It is worthwhile to note that there is no language suggesting
hierarchy in the individuals who are allowed to pardon the offenses.
Meaning, it seems to suggest that any of the above-named may grant
pardon. This may cause issues as to who among them will be followed.
What if the offended party does not want to pardon but her
grandparents want to do so? Or, vice versa – what if the offended

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party wants to pardon but her parents do not want to? These questions
could have been avoided if the article provided for language
indicating hierarchy as to which should be preferred, e.g. “in the
following order of preference”.

NB: This also applies to co-principals, accomplices, and accessories.

c) Marriage with offender
Marriage of the offender and the offended party extinguishes the
criminal liability or remit the penalty already imposed for offenses
involving seduction, abduction, rape, or acts of lasciviousness.
NB: This also applies to co-principals, accomplices, and accessories.

b. Civil liability

Article 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.
1) Indemnity
The indemnity to the offended woman in a case involving seduction or
abduction shall be determined by the court taking into consideration
various circumstances, particularly the background of the offended
woman.
2) Acknowledgment
To require the offender found guilty of an offense is not a usual form
of penalty for offenses or crimes committed. In rape, seduction, or
abduction, offenders found guilty are required to acknowledge the
offspring subject to the limitation that unless the law prevents them
from so doing.

Note that there are effects to acknowledgement, particularly on

family, succession, and inheritance. Further, there is also the
question of what happens if the accused later on is acquitted on
appeal? Would the acknowledgment be voided? If so, it may cause issues
for the child. This provision could be remedied by qualifying it to
apply only if the case has reached finality.

Moreover, there is also the side of the mother and/or child to

consider who may not wish to be associated with the offender,
considering the offenses involved – rape, seduction, or abduction. The
mother may keep experiencing trauma if she is reminded of the offender
via the acknowledgment as it is a permanent record on the birth
certificate of the child. For the children, when they are of adult age

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and discretion, they may also want such record stricken off their
birth certificates.
3) Support
Support for the offspring is a civil liability for those found guilty
of rape, seduction, or abduction.
While the offender may be incarcerated or in jail, he may be compelled
to provide support by means of his assets. In some cases, this may
result in a levy or garnishment on cash/personal properties and, if
they are insufficient, real properties may be attached/execution on
real properties.

c. Accomplices, punished as principals

Article 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.

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.

That accomplices will be punished as principals is not a usual penalty

imposed upon accomplices. However, this is the resulting effect for
the following individuals who cooperate as accomplices in the
perpetration of the offense embraced in chapters 2, 3, and 4 of Title
11 of the Revised Penal Code:
1) Ascendants;
2) Guardians:
3) Curators;
4) Teachers; and
5) Any person who, by abuse their authority or confidential
relationships with the offended party.
Chapter 2, Title XI, offenses cover:
CHAPTER 1: ADULTERY AND CONCUBINAGE
a. Adultery
ELEMENTS:
1) The offender is a married woman;
2) She has sexual intercourse with a man not her husband;
3) The man who has carnal knowledge of her knowing her to be married.
(Article 333, Act No. 3815, Revised Penal Code)

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EVEN IF MARRIAGE IS SUBSEQUENTLY VOIDED: The accused may still be

charged with the crime of adultery, even if the marriage be
subsequently declared void.

NOT A CONTINUING CRIME; EACH ADULTERY, A CRIME: Adultery is a crime of

result and not of tendency; it is an instantaneous crime which is
consummated and exhausted or completed at the moment of the carnal
union. Each sexual intercourse constitutes a crime of adultery.

b. Concubinage
ELEMENTS:
1) The offender has been legally married;
2) The marriage has not been legally dissolved or, in case his or her
spouse is absent, the absent spouse could not yet be presumed dead
according to the Civil Code;
3) That he contracts a second or subsequent marriage; and,
4) That the second or subsequent marriage has all the essential
requisites for validity.

EVEN IF FIRST MARRIAGE IS SUBSEQUENTLY VOIDED: The accused may still

be charged with the crime of bigamy, even if there is a subsequent
declaration of the nullity of the second marriage, so long as the
first marriage was still subsisting when the second marriage was
celebrated.

CHAPTER 2: ACTS OF LASCIVIOUSNESS

c. Acts of lasciviousness
ELEMENTS:
1) The offender commits any act of lasciviousness or lewdness;
2) the lascivious act is done under any of the following
circumstances:
(a) By using force or intimidation;
(b) When the offended party is deprived of reason or otherwise
unconscious; or,
(c) when the offended party is under twelve (12) years of age; and,
3) The offended party is another person of either sex

CHAPTER 3: SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

d. Simple seduction
ELEMENTS:
1) The offender has carnal knowledge of a woman who is above 12 years
but under 18 years of age;
2) The woman is of chaste life and good reputation; and,
3) The carnal knowledge is accomplished by means of deceit.

e. Qualified seduction
ELEMENTS:
1) The offended party is a virgin;
2) She must be over 12 and under 18 years of age;
3) The offender has sexual intercourse with her; and,

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4) The offender is a person in public authority, priest, house

servant, domestic, guardian, teacher, one entrusted with the education
or custody of the offended party, or a brother or ascendant of the
latter.

SEDUCTION: Seduction is committed when the offender has carnal

knowledge of any of the persons and under the circumstances described
herein.

VIRGINITY: A conviction for the crime of qualified seduction without

the allegation of virginity would violate the accused’s right to be
informed of the nature and cause of the accusation against him.

a. CONTRASTED WITH OTHER CRIMES

1) Qualified Seduction v. Consented Abduction
Factors Qualified Seduction Consented Abduction
Common 1) That the offended party 1) That the offended party is
elements is a virgin, and, 2) That a virgin, and, 2) That she
she must be over twelve must be over twelve (12) and
(12) and under eighteen under eighteen (18) years of
(18) years of age. age.
Differences 1) The crime be committed 1) The taking away of the
in other by abuse of authority, offended party must be with
elements confidence or relationship; her consent, after
and, solicitation or cajolery from
2) The offender has sexual the offender, and,
intercourse with the woman. 2) The taking away of the
offended party must be with
lewd designs.

f. Acts of lasciviousness with the consent of the offended party

ELEMENTS:
1) The offender commits any other acts of lasciviousness; and,
2) It is committed by the same persons and the same circumstances as
those provided in Articles 337 and 338. (Article 339, Act No. 3815,
Revised Penal Code)
g. Corruption of minors
ELEMENTS:
1) The offender promotes or facilitates the prostitution or corruption
of persons underage; and,
2) It is to satisfy the lust of another.
h. White slave trade
ELEMENTS:
1) The offender engages in the business or shall profit by
prostitution or shall enlist the services of any other for the purpose
of prostitution; and,
2) It is committed in any manner, or under any pretext.

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CHAPTER 4: ABDUCTION
i. Forcible abduction
ELEMENTS:
1) The victim is a woman, regardless of age, civil status, or
reputation;
2) She is taken against her will; and,
3) The abduction was done with lewd designs. (People v. Villanueva,
G.R. No. 230723, 13 February 2019)

a. COMPLEX CRIME
The crime is considered complexed by rape under Article 266-A of the
RPC when the abductor has carnal knowledge of the abducted woman and
there is (1) force or intimidation; (2) the woman is deprived of
reason or otherwise unconscious;

j. Consented abduction
ELEMENTS:
1) That the offended party is a virgin, and,
2) That she must be over twelve (12) and under eighteen (18) years of
age.
3) The taking away of the offended party must be with her consent,
after solicitation or cajolery from the offender, and,
4) The taking away of the offended party must be with lewd designs.

END OF NOTES 1 CRIMES

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Introduction to the Labor Code of the Philippines

• The Labor Code of the Philippines, also known as Presidential
Decree No. 442, is a comprehensive law that governs labor and
employment in the country.

• It covers various aspects such as voluntary arbitration, health

insurance, payment of wages, and jurisdiction of labor arbiters.

• The law has undergone multiple amendments and renumberings to

ensure its effectiveness in protecting workers' rights and
promoting fair labor practices.

Structure and Contents of the Labor Code

• The law is divided into several chapters and titles.
• The Preliminary Title establishes the name of the decree and its
date of effectivity.
• It also declares the basic policy of the state to protect labor,
promote full employment, ensure equal work opportunities, and
regulate the relations between workers and employers.
• The law also includes provisions on the emancipation of tenants,
transfer of lands to tenant-workers, determination of land value,
and conditions of ownership.
• These provisions aim to address grievances related to land
ownership and provide opportunities for tenant-farmers to own
their own land.
• The law also includes provisions on pre-employment, recruitment,
and placement of workers.
• It establishes the responsibilities of employers and private
employment agencies in providing employment opportunities and
protecting the rights of workers.
• It also sets guidelines for the recruitment and placement of
workers, including the qualifications of apprentices and
learners.
• The law also covers working conditions and rest periods.
• It sets limits on the number of hours an employee can work in a
day and provides guidelines for meal periods and rest days.
• It also establishes the right to holiday pay, service incentive
leaves, and service charges.
• The law also addresses wages and minimum wage rates.
• It establishes the regional minimum wage rates for agricultural
and non-agricultural employees and workers.
• It also prohibits the elimination or diminution of benefits
enjoyed by employees at the time of the law's promulgation.

Purpose and Objectives of the Labor Code

• The Labor Code of the Philippines aims to protect the rights of
workers, promote fair labor practices, and ensure equal
opportunities in the workplace.

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• It provides guidelines and regulations for various aspects of

labor and employment to ensure the welfare and well-being of
workers in the country.

Provisions Related to Labor and Employment

• The Labor Code covers various aspects of labor relations,
including employment certification, employment record-keeping,
employment of homeworkers, employment of night workers, health
and safety benefits, employees' compensation and state insurance
fund, medical and dental services, occupational health and
safety, adult education, and labor disputes.

Employment of Handicapped Workers

• Chapter III of the Labor Code discusses the employment of
handicapped workers.

• Handicapped workers are defined as those whose earning capacity

is impaired by age or physical or mental deficiency or injury.

• Handicapped workers may be employed when their employment is

necessary to prevent a curtailment of employment opportunities
and when it does not create unfair competition in labor costs or
impair or lower working standards.

• Employers who employ handicapped workers must enter into an

employment agreement with them, which includes the names and
addresses of the handicapped workers, the rate to be paid (which
should not be less than 75% of the applicable legal minimum
wage), the duration of employment period, and the work to be
performed.

• The employment agreement is subject to inspection by the

Secretary of Labor or his authorized representative.

Working Conditions and Rest Periods

• Chapter III of Book Three discusses the conditions of employment,
specifically focusing on working conditions and rest periods.

• The provisions of this Title apply to employees in all

establishments and undertakings, except for certain categories of
workers.

• It defines managerial employees as those whose primary duty

consists of the management of the establishment or a department
or subdivision thereof, and field personnel as non-agricultural
employees who regularly perform their duties away from the
principal place of business or branch office of the employer and
whose actual hours of work in the field cannot be determined with
reasonable certainty.

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• The normal hours of work for any employee shall not exceed eight
hours a day, with exceptions for certain categories of workers.

• It also discusses meal periods, night-shift differentials,

overtime work, undertime not offset by overtime, and emergency
overtime work.

• The law also establishes the right to holiday pay, service

incentive leaves, and service charges.

Wages and Minimum Wage Rates

• Title II of the Labor Code discusses wages, specifically focusing
on minimum wage rates, the prohibition against elimination or
diminution of benefits, and the payment of wages.

• The minimum wage rates for agricultural and non-agricultural

employees and workers in each region of the country shall be
those prescribed by the Regional Tripartite Wages and
Productivity Boards.

• It also prohibits the elimination or diminution of benefits and

states that wages shall be paid at least once every two weeks or
twice a month.

• It also discusses the forms of payment, time of payment, and

place of payment.

Health, Safety, and Social Welfare Benefits

• Book Four of the Labor Code discusses health, safety, and social
welfare benefits.

• Title I of Book Four focuses on medical, dental, and occupational

safety.

• Every employer shall keep first-aid medicines and equipment in

his establishment and provide suitable and sanitary living
quarters, adequate food, and medical attendance for his
employees.

• It also discusses emergency medical and dental services, health

programs, and the qualifications of health personnel.

• Title II of Book Four focuses on employees' compensation and the

state insurance fund.

• The State shall promote and develop a tax-exempt employees'

compensation program to provide income and medical benefits to
employees and their dependents in the event of work-connected
disability or death.

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• It also defines the terms used in this Title and establishes the
Employees' Compensation Commission to oversee the program.

Conclusion
• The Labor Code of the Philippines aims to protect the rights and
welfare of workers, ensure fair wages and working conditions, and
provide benefits and compensation in case of work-related
disabilities or death.

• It sets standards and regulations for employers to follow and

establishes mechanisms for enforcement and dispute resolution.

• The law has been amended several times to address specific issues
and concerns, such as the mandatory PhilHealth coverage for
senior citizens, the Go Negosyo Act, the strengthening of
tripartism, and the protection of migrant workers and overseas
Filipinos.

Title I: Termination of Employment

• Purpose: To provide guidelines for the termination of employment
and the entitlements of employees in cases of authorized causes.
• Key Entities: Employees, Employers

• Key Details:
• Termination due to authorized causes (retrenchment or
closure of operations) entitles the employee to receive
separation pay.
• Separation pay should be equivalent to one month's pay for
every year of service, or at least half a month's pay for
every year of service, whichever is higher.
• A fraction of at least six months is considered as one whole
year.
• Termination due to disease prohibited by law or prejudicial
to health entitles the employee to separation pay equivalent
to at least one month's salary or half a month's salary for
every year of service, whichever is greater.

Article 300: Termination by Employee

• Purpose: To provide guidelines for employees who wish to
terminate the employee-employer relationship.
• Key Entities: Employees, Employers
•
• Key Details:
• An employee can terminate the relationship by serving a
written notice to the employer at least one month in
advance.
• Failure to serve notice may make the employee liable for
damages.
• The employee can terminate the relationship without serving
any notice in cases of serious insult, inhuman treatment,

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commission of a crime or offense by the employer, or other

analogous causes.
•
Article 301: Suspension of Business Operations or Fulfillment of
Duty
• Purpose: To address the temporary suspension of business
operations or fulfillment of military or civic duty by an
employee.
• Key Entities: Employees, Employers

• Key Details:
• Suspension of business operations for a period not exceeding
six months or fulfillment of military or civic duty does not
terminate employment.
• The employer is required to reinstate the employee to their
former position without loss of seniority rights if the
employee indicates their desire to resume work within one
month from the resumption of operations or relief from duty.

Title II: Retirement from Service

• Purpose: To provide guidelines for retirement from service and
the entitlements of employees.
• Key Entities: Employees, Employers
• Key Details:
• Any employee may be retired upon reaching the retirement age
established in the collective bargaining agreement or other
applicable employment contract.
• Retirement benefits are provided as per existing laws and
agreements.
• In the absence of a retirement plan or agreement, an
employee who is at least 60 years old and has served at
least five years in the establishment is entitled to
retirement pay equivalent to at least half a month's salary
for every year of service.

Other Provisions
• Purpose: To address penal provisions and liabilities,
prescription of offenses and claims, and transitory and final
provisions.
• Key Entities: Employees, Employers
• Key Details:
• The law includes provisions on penal provisions and
liabilities, prescription of offenses and claims, and
transitory and final provisions.
• These provisions aim to protect the rights and welfare of
employees, ensure fair treatment in termination and
retirement, and provide guidelines for labor relations in
the Philippines.

END OF NOTES 2 LABOR CODE OF THE PHILIPPINES

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LEGAL FORMS/COMMUNICATION

I. Complaint Letter
What Is a Complaint Letter?
A complaint Letter is a written communication used to raise your
concerns with a product, service or to address other types of
grievances. The purpose of the letter is to address the problem and
seek a productive resolution.

A clearly written, informative complaint letter accomplishes the

following:
• it ensures the recipient knows about the situation
• it puts your complaint on record
• it lays the foundation in the event any legal steps must be taken
•
What Is the Format of a Complaint Letter?
The format of your complaint letter can help the right person
correctly receive it. A complaint letter should start by including the
following components:
• the date of the letter
• your name, address, and contact information
• the recipient’s name, company name (if applicable), address, and
contact information
• a professional salutation, using the recipient’s name or their
title (such as “Dear Product Manager”)
• a clear subject line (if sent as an email)
After writing these components, your first paragraph should define the
problem, including descriptive information such as location and the
date of occurrence.

The following paragraph should briefly explain how the problem can be
rectified. In some situations, you may be satisfied with an apology or
assurance that the problem will not reoccur. In other cases, you want
a product to be repaired or replaced or a full refund.

If you have attached or included any receipts, photos, or documents

with your letter, you should mention them here.

The final paragraph should suggest a timetable for the action you wish
to be taken.

Then close the letter with an appropriate salutation (such as

“Sincerely” or “Regards” and your written name and signature.

The entire letter should have a reasonable and polite tone. Avoid
making any threats with this letter. Finally, keep copies of your
complaint letter and all related documents for your own records.

Different Types of Complaint Letters

You may need to send a complaint letter for a variety of situations.
However, most of these letters fall into two primary categories:
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a. Personal Complaint Letters:

These letters of complaint are written by an individual consumer and
usually concern a grievance with a product or a service. These
individuals may be seeking a refund or a replacement for themselves,
or they may be writing about an issue that affects other people as
well.

b. Professional Complaint Letters: These letters are written by or on

behalf of a company or an organization and usually concern a problem
with professional products or services, or binding contracts made by
them.

Here are some of the many different types of complaint letters that
could fall under either category:
1. late or mishandled delivery complaint
2. defective item complaint
3. medical complaint
4. police complaint
5. pricing/overcharge complaint
6. contractor’s complaint
7. contract complaint
8. violation of terms and conditions complaint
9. food quality complaint
10. landlord complaint
11. harassment complaint letter
12. complaint about a media report/broadcast
13. service agreement complaint
14. noise complaint letter

AFFIDAVIT
What Is an Affidavit?
An affidavit is a legal document that is very similar to a witness’s sworn
testimony in a court of law. Prior to giving testimony, a witness in a
trial must swear that what they are about to say is true and correct under
penalty of perjury. An affidavit carries the same penalty of perjury, only
it is used to attest to things outside of the courtroom.

An affidavit is only valid when made voluntarily and without coercion.

The person making the sworn statement is referred to as the “affiant.” In
signing an affidavit, the affiant is asserting that the information is
true and that they have personal knowledge of the facts contained in the
affidavit. They are also stating that they are competent to testify about
the information provided if called into court.

In a nutshell, an affidavit is a sworn statement that is documented in

writing. Affidavits are usually utilized in court proceedings or in
negotiations, most commonly in family law and bankruptcy cases; though
they can also be used in civil and criminal cases.

An affidavit must be notarized, signed in the presence of witnesses, and

the affiant must swear that the facts contained in it are true and

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correct. It is absolutely vital that individuals thoroughly read and

understand all of the information contained in the affidavit prior to
signing it.

Once the affidavit is witnessed and attested to by a notary public or

other official, it holds the force of law and binds the individual to the
truthfulness of the information that they have provided.

How to Write An Affidavit

Although affidavits are considered legal documents, anyone can draft one.
As long as it is signed, witnessed, and notarized correctly, the affidavit
will be valid. This means that you do not need to ask a lawyer to create
an affidavit. It is important to note, however, that certain types of
affidavits will need to contain specific information in order to fulfill
their purpose and meet legal requirements. Nevertheless, the following
basic elements should be included in any type of affidavit.

1. Start with a heading. The heading may be made of a case heading if the
affidavit is for an open case, or it may simply say “Affidavit of [your
name]” if you do not have an open case. The case heading includes the
court where your case is being heard, the case number, and the names of
the plaintiffs and defendants. After the case heading or general title,
the county and state where you will sign the affidavit will be listed.
• The first section should contain your name in a sentence that
generally states that you, the affiant, swear that the following
account of events is true and correct to the best of your
knowledge. For example, “Before me comes [your name], whose
residence is [address, including city, county, state and zip code],
and hereby swears to the following facts under penalty of perjury.”
Depending on who drafts the affidavit, this sentence may vary in
wording.

• The following paragraphs usually each contain one fact. After each
fact is detailed, the affidavit usually contains the words, “Further
Affiant Sayeth Naught.” This means that the affiant has said all
they have to say on the matter.

• Lastly, you will need to include the signature lines and notary
section. Keep in mind that by signing the affidavit, you are
swearing that the facts in the document are true and correct.

2. An affidavit is not written in typical paragraphs. Each paragraph

should be numbered and usually each contains only one fact. To ensure that
the affidavit is easily understood, follow these best practice tips:
• Keep legal language out of the affidavit as much as possible.
• Keep the affidavit as short as possible.
• Make sure your thoughts are organized and in the proper order if you
are relating your actions in an event.
• Do not use inflammatory language.
• Leave any drama out of it; just state the plain and simple facts.
• Proofread the affidavit for spelling and grammatical errors.

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Keep in mind that the affidavit may speak to your credibility, so

following these simple tips will make you look more professional and will
not negatively affect your credibility.

Making any statement that is not true in an affidavit is technically a

violation of the law and you can be fined or even imprisoned for
committing perjury (the crime of being willfully untruthful under oath).
Being truthful to the court is vital, whether communicating via an
affidavit or in person on the stand. Many affidavits assert that they are
signed under penalty of perjury, though this may not be a required
statement.

Affidavit Types and When to Use Them

There are many different types of affidavits, varying significantly
according to their intended purpose. Lawyers often use them in motions and
other court filings to prove that certain information is true. In those
situations, the attorney will often design the affidavit to meet their
needs at the time. In other circumstances, the affidavit will follow a
standard format. Some of the most common standard affidavits are the
following:

1. Affidavit of Domicile
An affidavit of domicile may be necessary in the context of probating a
will or when dealing with certain types of trusts. This
affidavit establishes the legal residence of the person who passed, based
on where they were living at the time of their death. It will include the
individual’s prior address and for how long he or she lived there.
Usually, the executor or personal representative of the estate will
present this type of document to the court during the probate process. It
helps the administration of the estate go much smoother and allows for an
easier transfer of assets.

Some insurance companies or banks may also require an affidavit of

domicile before they will release assets to a beneficiary or an heir.
Having this information can also help to avoid potential will disputes.

2. Affidavit of Heirship
An affidavit of heirship may also be a necessary document in relation to
an estate. These affidavits are used most often when the individual who
passed away did not have a valid last will and testament or another estate
planning tool in place. This type of affidavit essentially states that a
specific person is the legal heir of a deceased person. Filing this
document with the state Recorder's Office can be a valid way to pass real
property or personal property from the deceased to their heirs and may
help avoid the need to go to court to probate a will.

An affidavit of heirship works best when there is only one legal heir. If
the remaining family members agree that a certain person should receive
the personal or real property at issue, then using an affidavit of
heirship can be a helpful way to show this. Keep in mind, however, that it
may not be valid if the entire family does not agree on who should receive

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the property. It is also important to note that each state has slightly
different requirements for executing this document.

3. Affidavit of Marriage
This document declares that two individuals are legally married to one
another. Usually, a certificate of marriage would perform the same
function, but couples can use an affidavit of marriage if they are unable
to locate their marriage certificate. This affidavit may be necessary to
apply for a foreign visa, for insurance purposes, or to apply for certain
financial accounts. It may also be helpful in states that recognize common
law marriage. In a common law marriage, you will not necessarily have a
marriage certificate. Both individuals must sign and attest that the
marriage is valid and legally binding.

While you can apply to replace your marriage certificate, this process can
be time-consuming and cumbersome. Most states will also charge a fee to
replace this document. If you need proof of your marriage quickly, using
an affidavit may be more effective.

4. General Affidavit
General affidavits can be used to document a sworn statement of fact on
any subject. These are unique from other types of affidavits because they
can be tailored to meet specific needs in any legal situation. However,
just like other affidavits, general affidavits are still signed under oath
and in the presence of a notary.

Formalizing an Affidavit
As you know, for an affidavit to be valid, it must be signed and
notarized. This means that a notary is swearing to the fact that it is
your signature on the affidavit, so usually the document must be signed in
the presence of a notary. A notary is authorized by the state to verify
your signature for many types of formal or legal documents. Generally, a
notary will check a valid form of photo identification, such as your
driver’s license or passport, to confirm your identity before allowing you
to sign the document.

NOTE: An affidavit must be notarized, signed in the presence of witnesses,

and the affiant must swear that the facts contained in it are true and
correct. It is absolutely vital that individuals thoroughly read and
understand all of the information contained in the affidavit prior to
signing it.

Once the affidavit is witnessed and attested to by a notary public or

other official, it holds the force of law and binds the individual to the
truthfulness of the information that they have provided.

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Restrictions on Affidavits
No restrictions for age are in place for signing an affidavit. However,
you must be of sound mind and you must understand what you are signing and
why you are signing it. Keep in mind that an affidavit is signed under
oath. Generally, you will not be asked to sign an affidavit unless you are
over the age of 18. However, minors may be asked to sign an affidavit in a
family court matter. It is important that the minor is of sound mind and
an age at which they are able to understand the facts and know that they
are signing a document that must be true and correct.

Consequences of Signing an Affidavit

Before you sign an affidavit, keep in mind that there are legal
consequences to signing an affidavit with false statements. Since you are
signing a document under oath, it is the same as testifying in a court of
law. If you provide information that is false or lie on the affidavit, you
could be fined for perjury.

When You Might Need an Affidavit

While most often used in court settings, affidavits can be used for many
other purposes as well. They can save considerable time and money in a
variety of legal events. In some cases, an attorney may be able to use an
affidavit in lieu of requiring your physical presence in court or another
legal proceeding. A straightforward action such as a legal name change
will require a signed affidavit from the petitioner to guarantee that the
request is not being conducted for illegal purposes or to defraud
creditors.

Affidavits can be required in a number of judicial proceedings,

particularly in estate planning matters and family law issues. Without
these affidavits, other legal instruments may not be considered valid, or
proving their validity would be much more difficult. Several types of
cases require an affidavit, while in other situations it may be voluntary.
Whether you need to verify a marriage, claim assets or property, verify
the domicile of a recently deceased person, or make a formal statement as
a witness in court hearings, creating an affidavit for any purpose is
easy. You can create your general affidavit in just minutes, with plenty
of flexibility to fit your needs.

END OF NOTES 3 LEGAL FORMS

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