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Title Eight
CRIMES AGAINST PERSONS
Chapter One
DESTRUCTION OF LIFE
Section One. — Parricide, murder, homicide

Art. 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.

Art. 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.

Art. 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

Art. 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

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next preceding article, shall be deemed guilty of homicide and be punished by reclusion
temporal.

Art. 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.

Art. 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.

Art. 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.

Art. 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. However, if the suicide is not consummated, the penalty
of arresto mayor in its medium and maximum periods, shall be imposed.

Art. 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.

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 Art. 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.

Art. 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.

Art. 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.

Art. 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.

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

Section Three. — Duel

Art. 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.

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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.

Art. 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

Art. 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.

Art. 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 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.

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Art. 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 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 kill 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 500 pesos
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 prision 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 person.

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical
injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require
medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos 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 50 pesos when
the offender shall ill-treat another by deed without causing any injury.

Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Chapter One
CRIMES AGAINST LIBERTY

Art. 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.

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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 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
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 prision mayor in its minimum and medium periods and a fine not exceeding
seven hundred pesos.

Art. 269. Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed 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.

Section Two. — Kidnapping of minors

Art. 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 prision
correccional and a fine not exceeding seven hundred pesos shall be imposed upon
anyone who shall induce a minor to abandon the home of his parent or guardians or the
persons entrusted with his custody.

If the person committing any of the crimes covered by the two preceding articles shall
be the father or the mother of the minor, the penalty shall be arresto mayor or a fine
not exceeding three hundred pesos, or both.

Art. 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.

Art. 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.

Art. 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.

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 Chapter Two
CRIMES AGAINST SECURITY
Section One. — Abandonment of helpless persons
and exploitation of minors.

Art. 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 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 500 pesos shall be imposed upon any one who shall abandon a child under
seven 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 prision correccional in its medium and maximum periods; but if the life of
the minor shall have been in danger only, the penalty shall be prision correccional in its
minimum and medium periods.

The provisions contained in the two preceding paragraphs shall not prevent the
imposition of the penalty provided for the act committed, when the same shall
constitute a more serious offense.

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

indifference of parents. — The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon anyone who, having charge of 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 require and financial conditions
permit.

Art. 278. Exploitation of minors. — The penalty of prision correccional in its

minimum and medium periods and a fine not exceeding 500 pesos shall be imposed
upon:

1. Any person who shall cause any boy or girl under sixteen 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 years of age who are not his
children or descendants.

3. Any person engaged in any of the callings enumerated in the next paragraph
preceding who shall employ any descendant of his under twelve 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 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 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.

Art. 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 1,000 pesos.

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

prision correccional in its medium and maximum periods and a fine not exceeding 1,000
pesos.

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, inn and other public houses, while the
same are open.

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the
closed premises or the fenced estate of another, while either or them are uninhabited, if
the prohibition to enter be manifest and the trespasser has not secured the permission
of the owner or the caretaker thereof.

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 be
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 degrees shall be imposed.

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 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 500 pesos, if the threat
shall not have been made subject to a condition.
Art. 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.

Art. 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 200 pesos 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 show 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.

Art. 286. Grave coercions. — The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any person who, without authority of law, shall, by
means of violence, prevent another from doing something not prohibited by law, or
compel him to do something against his will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to perform any
religious act or to prevent him from so doing, the penalty next higher in degree shall be
imposed.

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 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine
ranging from 5 pesos to 200 pesos, or both.

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 200 to 500 pesos, 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 laborer or employee.

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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 300 pesos shall be imposed upon any person who, for the purpose of
organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or
lock-out of employees, shall employ violence or threats in such a degree as to compel or
force the laborers or employers 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.

Chapter Three
DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of correspondence. — The penalty

of prision correccional in its minimum and medium periods and a fine not exceeding 500
pesos 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.

If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a
fine not exceeding 500 pesos.

The provision shall not be applicable to parents, guardians, or persons entrusted with
the custody of minors with respect to the papers or letters of the children or minors
placed under their care or study, nor to spouses with respect to the papers or letters of
either of them.

Art. 291. Revealing secrets with abuse of office. — The penalty of arresto mayor
and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or
servant who, in such capacity, shall learn the secrets of his principal or master and shall
reveal such secrets.

Art. 292. Revelation of industrial secrets. — The penalty of prision correccional in

its minimum and medium periods and a fine not exceeding 500 pesos 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.

Title Ten
CRIMES AGAINST PROPERTY
Chapter One
ROBBERY IN GENERAL

Art. 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.

Art. 295. 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:

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 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 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).

Art. 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.

Art. 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.

Art. 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.

Art. 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

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held guilty of robbery and punished by the penalties respectively prescribed in this
Chapter.

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 250 pesos, 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 a 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 to be broken or forced open outside the place
of the robbery.

When the offenders do not carry arms, and the value of the property taken exceeds 250
pesos, 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 250 pesos.

When said offenders do not carry arms and the value of the property taken does not
exceed 250 pesos, they shall suffer the penalty prescribed in the two 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.

Art. 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.

Art. 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.

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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
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 is 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 250
pesos, shall be punished by prision correccional if 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, flour 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 dorm, wardrobe, chest or by 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 to broken open elsewhere.

When the value of the property takes does not exceed 250 pesos, 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.

Art. 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.

Art. 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.

Art. 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

Art. 306. Who are brigands; Penalty. — When more than three armed persons form
a band of robbers for the purpose of committing robbery in the highway, or kidnapping
persons for the purpose of extortion or to obtain ransom or for any other purpose to be
attained by means of force and violence, they shall be deemed highway robbers or
brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium
period to reclusion temporal in its minimum period if the act or acts committed by them
are not punishable by higher penalties, in which case, they shall suffer such high
penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be
presumed that said persons are highway robbers or brigands, and in case of convictions
the penalty shall be imposed in the maximum period.

Art. 307. Aiding and abetting a band of brigands. — Any person knowingly and in
any manner aiding, abetting or protecting a band of brigands as described in the next
preceding article, or giving them information of the movements of the police or other
peace officers of the Government (or of the forces of the United States Army), when the
latter are acting in aid of the Government, or acquiring or receiving the property taken
by such brigands shall be punished by prision correccional in its medium period to
prision mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in this article
has performed them knowingly, unless the contrary is proven.

Chapter Three
THEFT

Art. 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:

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 1. The penalty of prision mayor in its minimum and medium periods, if the value of
the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos,
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 year for
each additional ten thousand pesos, but the total of the 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 prision mayor or reclusion
temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum periods, if the
value of the thing stolen is more than 6,000 pesos but does not exceed 12,000
pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the
value of the property stolen is more than 200 pesos but does not exceed 6,000
pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period,
if the value of the property stolen is over 50 pesos but does not exceed 200
pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed
50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not
exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under
the circumstances enumerated in paragraph 3 of the next preceding article and
the value of the thing stolen does not exceed 5 pesos. If such value exceeds said
amount, the provision of any of the five preceding subdivisions shall be made
applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the
value of the thing stolen is not over 5 pesos, 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.

Art. 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 Library or the
National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500
pesos, 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.

Chapter Four
USURPATION

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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 50 to 100 per centum of the gain
which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be
imposed.

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, shall be punished by arresto menor
or a fine not exceeding 100 pesos, or both.
Chapter Five
CULPABLE INSOLVENCY

Art. 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 prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed
22,000 pesos, 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
10,000 pesos; 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 under the provisions of this Code, the penalty shall be termed prision mayor or
reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the
amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos;
and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200
pesos, 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) By altering the substance, quantity, or quality or 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) (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

16
 such obligation be totally or partially guaranteed 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 of 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 post-dating a check, or issuing a check in payment of an obligation

when the offender 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) days from receipt of notice
from the bank and/or the payee or holder that said check has been
dishonored for lack of insufficiency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent act. (As amended by R.A.
4885, approved June 17, 1967.)]

(e) By obtaining any food, refreshment or accommodation at a hotel, inn,

restaurant, boarding house, lodging house, or apartment house and the
like without paying therefor, with intent to defraud the proprietor or
manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding
house, lodging house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously removing any part of his
baggage from a hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food, refreshment or
accommodation.

3. Through any of the following fraudulent means:

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

(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.

Art. 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.

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 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

Art. 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 200 pesos.

Chapter Seven
CHATTEL MORTGAGE

Art. 319. Removal, sale or pledge of mortgaged property. — The penalty or

arresto mayor or a fine amounting to twice the value of the property shall be imposed
upon:

1. Any person who shall knowingly remove any personal property mortgaged under
the Chattel Mortgage Law to any province or city other than the one in which it
was located at the time of the execution of the mortgage, without the written
consent of the mortgagee, or his executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged, or
any part thereof, under the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the mortgage and noted on the
record hereof in the office of the Register of Deeds of the province where such
property is located.

Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Art. 320. Destructive arson. — The penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon any person who shall burn:

18
 1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordinance, storehouse, archives or general museum of the Government.

2. Any passenger train or motor vehicle in motion or vessel out of port.

3. In an inhabited place, any storehouse or factory of inflammable or explosive

materials.

Art. 321. Other forms of arson. — When the arson consists in the burning of other
property and under the circumstances given hereunder, the offender shall be
punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut,
shelter, or vessel in port, knowing it to be occupied at the time by one or
more persons;
(b) If the building burned is a public building and value of the damage caused
exceeds 6,000 pesos;

(c) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in instituting prosecution for the
punishment of violators of the law, irrespective of the amount of the
damage;

(d) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in legislative, judicial or administrative
proceedings, irrespective of the amount of the damage; Provided,
however, That if the evidence destroyed is to be used against the
defendant for the prosecution of any crime punishable under existing
laws, the penalty shall be reclusion perpetua;

(e) If the arson shall have been committed with the intention of collecting
under an insurance policy against loss or damage by fire.

2. By reclusion temporal:

(a) If an inhabited house or any other building in which people are

accustomed to meet is set on fire, and the culprit did not know that such
house or building was occupied at the time, or if he shall set fire to a
moving freight train or motor vehicle, and the value of the damage caused
exceeds 6,000 pesos;

(b) If the value of the damage caused in paragraph (b) of the preceding
subdivision does not exceed 6,000 pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar
plantation is set on fire and the damage caused exceeds 6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and
the damage caused exceeds 6,000 pesos.

3. By prision mayor:

(a) If the value of the damage caused in the case mentioned in paragraphs
(a), (c), and (d) in the next preceding subdivision does not exceed 6,000
pesos;

(b) If a building not used as a dwelling or place of assembly, located in a

populated place, is set on fire, and the damage caused exceeds 6,000
pesos;

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 4. By prision correccional in its maximum period to prision mayor in its
medium period:

(a) If a building used as dwelling located in an uninhabited place is set on fire

and the damage caused exceeds 1,000 pesos;

(b) If the value or the damage caused in the case mentioned in paragraphs (c)
and (d) of subdivision 2 of this article does not exceed 200 pesos.

5. By prision correccional in its medium period to prision mayor in its minimum

period, when the damage caused is over 200 pesos but does not exceed 1,000
pesos, and the property referred to in paragraph (a) of the preceding subdivision
is set on fire; but when the value of such property does not exceed 200 pesos,
the penalty next lower in degree than that prescribed in this subdivision shall be
imposed.

6. The penalty of prision correccional in its medium and maximum periods, if the
damage caused in the case mentioned in paragraph (b) of subdivision 3 of this
article does not exceed 6,000 pesos but is over 200 pesos.
7. The penalty of prision correccional in its minimum and medium periods, if the
damage caused in the case mentioned paragraph (b) subdivision 3 of this article
does not exceed 200 pesos.

8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per
centum if the damage caused shall be imposed, when the property burned
consists of grain fields, pasture lands, forests, or plantations when the value of
such property does not exceed 200 pesos. (As amended by R.A. 5467, approved
May 12, 1969).

Art. 322. Cases of arson not included in the preceding articles. — Cases of arson
not included in the next preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the damage caused
does not exceed 50 pesos;

2. By arresto mayor in its maximum period to prision correccional in its minimum

period, when the damage caused is over 50 pesos but does not exceed 200
pesos;

3. By prision correccional in its minimum and medium periods, if the damage

caused is over 200 pesos but does not exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum periods, if it is over 1,000

pesos.

Art. 323. Arson of property of small value. — The arson of any uninhabited hut,
storehouse, barn, shed, or any other property the value of which does not exceed 25
pesos, committed at a time or under circumstances which clearly exclude all danger of
the fire spreading, shall not be punished by the penalties respectively prescribed in this
chapter, but in accordance with the damage caused and under the provisions of the
following chapter.

Art. 324. Crimes involving destruction. — Any person who shall cause destruction
by means of explosion, discharge of electric current, inundation, sinking or stranding of
a vessel, intentional damaging of the engine of said vessel, taking up the rails from a
railway track, maliciously changing railway signals for the safety of moving trains,

20
destroying telegraph wires and telegraph posts, or those of any other system, and, in
general, by using any other agency or means of destruction as effective as those above
enumerated, shall be punished by reclusion temporal if the commission has endangered
the safety of any person, otherwise, the penalty of prision mayor shall be imposed.

Art. 325. Burning one's own property as means to commit arson. — Any person
guilty of arson or causing great destruction of the property belonging to another shall
suffer the penalties prescribed in this chapter, even though he shall have set fire to or
destroyed his own property for the purposes of committing the crime.

Art. 326. Setting fire to property exclusively owned by the offender. — If the
property burned shall be the exclusive property of the offender, he shall be punished by
arresto mayor in its maximum period to prision correccional in its minimum period, if
the arson shall have been committed for the purpose of defrauding or causing damage
to another, or prejudice shall actually have been caused, or if the thing burned shall
have been a building in an inhabited place.

Art. 326-A. In cases where death resulted as a consequence of arson. — If

death resulted as a consequence of arson committed on any of the properties and
under any of the circumstances mentioned in the preceding articles, the court shall
impose the death penalty.
Art. 326-B. Prima facie evidence of arson. — Any of the following circumstances
shall constitute prima facie evidence of arson:

1. If after the fire, are found materials or substances soaked in gasoline, kerosene,
petroleum, or other inflammables, or any mechanical, electrical chemical or
traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were stored

within the building not necessary in the course of the defendant's business; and

3. That the fire started simultaneously in more than one part of the building or
locale under circumstances that cannot normally be due to accidental or
unintentional causes: Provided, however, That at least one of the following is
present in any of the three above-mentioned circumstances:

(a) That the total insurance carried on the building and/or goods is more than
80 per cent of the value of such building and/or goods at the time of the
fire;

(b) That the defendant after the fire has presented a fraudulent claim for loss. ch

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

Art. 327. Who are liable for malicious mischief. — Any person who shall
deliberately cause the property of another any damage not falling within the terms of
the next preceding chapter shall be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief. — Any person who shall cause
damage to obstruct the performance of public functions, or using any poisonous or
corrosive substance; or spreading any infection or contagion among cattle; or who
cause damage to the property of the National Museum or National Library, or to any

21
archive or registry, waterworks, road, promenade, or any other thing used in common
by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value of the
damage caused exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount
but it is over 200 pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.

Art. 329. Other mischiefs. — The mischiefs not included in the next preceding article
shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the
damage caused exceeds 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200
pesos but does not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not
more than 200 pesos, if the amount involved does not exceed 200 pesos or
cannot be estimated.

Art. 330. Damage and obstruction to means of communication. — The penalty of

prision correccional in its medium and maximum periods shall be imposed upon any
person who shall damage any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the
penalty of prision mayor shall be imposed, without prejudice to the criminal liability of
the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal
system and other things pertaining to railways, shall be deemed to constitute an
integral part of a railway system.

Art. 331. Destroying or damaging statues, public monuments or paintings. —

Any person who shall destroy or damage statues or any other useful or ornamental
public monument shall suffer the penalty of arresto mayor in its medium period to
prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public
nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or
both such fine and imprisonment, in the discretion of the court.

Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability. — No criminal, but only civil
liability, shall result from the commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of
another; and

22
 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers

participating in the commission of the crime.

Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
ADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery. — Adultery is committed by any married
woman who shall have sexual intercourse with a man not her husband and by the man
who has carnal knowledge of her knowing her to be married, even if the marriage be
subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that
provided in the next preceding paragraph shall be imposed.

23