Art. 363. Incriminating innocent person. — Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor.
Art. 364. Intriguing against honor. — The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
Title Fourteen: QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.
When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.
When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).
FINAL PROVISIONS
Art. 366. Application of laws enacted prior to this Code. — Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission.
Art. 367. Repealing Clause. — Except as is provided in the next preceding article, the present Penal Code, the Provisional Law for the application of its provisions, and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby repealed.
The provisions of the Acts which are mentioned hereunder are also repealed, namely:
Act 666, Sections 6 and 18.
Act 1508, Sections 9, 10, 11, and 12.
Act 1524, Sections 1, 2, and 6.
Act 1697, Sections 3 and 4.
Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.
Act 2381, Sections 2, 3, 4, 6, 8, and 9.
Act 2711, Sections 102, 2670, 2671, and 2672. chan robles virtual law library
Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.
And all laws and parts of laws which are contrary to the provisions of this Code are hereby repealed.
Approved: December 8, 1930
Art. 367. Repealing Clause. — Except as is provided in the next preceding article, the present Penal Code, the Provisional Law for the application of its provisions, and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby repealed.
The provisions of the Acts which are mentioned hereunder are also repealed, namely:
Act 666, Sections 6 and 18.
Act 1508, Sections 9, 10, 11, and 12.
Act 1524, Sections 1, 2, and 6.
Act 1697, Sections 3 and 4.
Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.
Act 2381, Sections 2, 3, 4, 6, 8, and 9.
Act 2711, Sections 102, 2670, 2671, and 2672. chan robles virtual law library
Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.
And all laws and parts of laws which are contrary to the provisions of this Code are hereby repealed.
Approved: December 8, 1930
Title of acts repealed by the Revised Penal Code
Title of acts repealed by the Revised Penal Code are:
1. Act No. 277. Law on Libel and threats to publish libel, etc., now provided for in Arts. 353, 362.
2. Act No. 292, amended by Act No. 1692. Law defining and penalizing the crimes of treason, insurrection, sedition, etc., now provided for in Arts. 114-116 and Arts 134-142.
3. Act No. 480. Law governing cockfighting and cockpits, now governed by Art. 199 and special laws.
4. Act No. 518, amended by Act Nos. 1121 and 2036. Law defining and penalizing highway robbery or brigandage, now covered by Arts. 306-307.
5. Act No. 519. Law on vagrancy now penalized by Art. 202.
6. Act No. 666, Secs. and 6 and 18. Law on trade-marks and trade-names now provided for in Arts. 188-189.
7. Act No. 899, Law regarding suspension on sentence, etc., upon U.S. citizens.
8. Act No. 1438, amended by Act Nos. 3203, 3309, and 3559, provisions governing juvenile offenders and delinquent children, their care and custody, now governed by Art. 80.
9. Act No. 1508, Secs. 9, 10, 11, and 12. The Chattel Mortgage Law, now penalized in Art. 319.
10. Act No. 1523. Law prohibiting importation, sale etc., of lottery tickets and lottery, now penalized in Arts. 195-196.
11. Act No. 1524. Sec. 4. Law governing discretion of Governor-General in granting conditional pardons, now covered by Art. 159.
12. Act No. 15533, Secs. 1, 2, and 6 amended by Act No. 1559. Law providing for diminution of sentences by reason of good conduct and diligence, now governed by Art. 97.chan robles virtual law library
13. Act No. 1697, Secs. 3 and 4. Act for the punishment of perjury in official investigations, now provided for in Arts. 180-183.
14. Act No. 1754. Law on counterfeiting and forgery, now defined and penalized in Arts. 160-169.
15. Act No. 1775. Act penalizing crimes against legislative bodies, now provided for in Arts. 143-145.
16. Act No. 1757. Secs. 1, 2, 3, 4, 5, 6, 7, (first clause), 11 and 12 amended by Act No. 3242. Act prohibiting gambling, now provided for in Arts. 195-199.
17. Act No. 1173. Law on the crime of adulterio, estupro, rapto, violacion, calumnia, injuria, etc., now governed by Arts. 333-346.
18. Act Nos. 2071 and 2300. Act governing slavery, involuntary servitude, peonage, and the sale or purchase of human beings, now penalized in Arts. 272-274.
19. Act No. 2212. Act providing for the confiscation and disposition of money, articles, instruments, appliances and devices in gambling, now provided for in Art. 45.
20. Act No. 293. Act penalizing willful destruction, injury, or taking or carrying away any property of the Philippine Library, now provided for in Art. 311.
21. Act No. 2364. Act penalizing infidelity in the custody of prisoners detained for or a convicted of a crime, now governed by Arts. 223-225.
22. Act No. 2381. Secs. 2, 3, 4, 5, 6, 8, and 9. Act restricting the use of opium, etc., now provided for in Arts. 190-194.
23. Act No. 2549. Act prohibiting the forcing, compelling, or obliging of any laborer or other employee to purchase merchandise, commodities, or personal property under certain conditions, and the payment of wages of a laborer or employee by means of tokens or objects other than legal tender currency, now penalized by Art. 288, and also governed by Com. Act No. 303 and the Minimum Wage Law, Rep. Act No. 602, as amended by Rep. Act. No. 812.chan robles virtual law library
24. Act No. 2557. Act providing for the allowance to persons convicted of preventive imprisonment, etc., now embodied in Art. 29.
25. Act No. 2595. Law fixing prescription of the crime of libel and of a civil action arising therefrom, now provided in Art. 90.
26. Act No. 2711, Secs. 102, 2670, 2671, and 2672. Act amending the Revised Administrative Code.
27. Act No. 3104 amending Acts 2726. Law governing manner in which the death penalty shall be executed, now embodied in Arts. 18-85.
28. Act No. 3586 and 3397. Law governing habitual delinquency, now provided in Art. 62, par. 5.
29. General Orders No. 58, series of 1900, Sec. 106. Code of Criminal Procedure.
30. Other laws repealed by the Revised Penal Code are Acts Nos. 2030, 2142, 2298, 2712, 3195, 3244, 3298, and 3313, which are merely amendatory laws on the old Penal Code.
1. Act No. 277. Law on Libel and threats to publish libel, etc., now provided for in Arts. 353, 362.
2. Act No. 292, amended by Act No. 1692. Law defining and penalizing the crimes of treason, insurrection, sedition, etc., now provided for in Arts. 114-116 and Arts 134-142.
3. Act No. 480. Law governing cockfighting and cockpits, now governed by Art. 199 and special laws.
4. Act No. 518, amended by Act Nos. 1121 and 2036. Law defining and penalizing highway robbery or brigandage, now covered by Arts. 306-307.
5. Act No. 519. Law on vagrancy now penalized by Art. 202.
6. Act No. 666, Secs. and 6 and 18. Law on trade-marks and trade-names now provided for in Arts. 188-189.
7. Act No. 899, Law regarding suspension on sentence, etc., upon U.S. citizens.
8. Act No. 1438, amended by Act Nos. 3203, 3309, and 3559, provisions governing juvenile offenders and delinquent children, their care and custody, now governed by Art. 80.
9. Act No. 1508, Secs. 9, 10, 11, and 12. The Chattel Mortgage Law, now penalized in Art. 319.
10. Act No. 1523. Law prohibiting importation, sale etc., of lottery tickets and lottery, now penalized in Arts. 195-196.
11. Act No. 1524. Sec. 4. Law governing discretion of Governor-General in granting conditional pardons, now covered by Art. 159.
12. Act No. 15533, Secs. 1, 2, and 6 amended by Act No. 1559. Law providing for diminution of sentences by reason of good conduct and diligence, now governed by Art. 97.chan robles virtual law library
13. Act No. 1697, Secs. 3 and 4. Act for the punishment of perjury in official investigations, now provided for in Arts. 180-183.
14. Act No. 1754. Law on counterfeiting and forgery, now defined and penalized in Arts. 160-169.
15. Act No. 1775. Act penalizing crimes against legislative bodies, now provided for in Arts. 143-145.
16. Act No. 1757. Secs. 1, 2, 3, 4, 5, 6, 7, (first clause), 11 and 12 amended by Act No. 3242. Act prohibiting gambling, now provided for in Arts. 195-199.
17. Act No. 1173. Law on the crime of adulterio, estupro, rapto, violacion, calumnia, injuria, etc., now governed by Arts. 333-346.
18. Act Nos. 2071 and 2300. Act governing slavery, involuntary servitude, peonage, and the sale or purchase of human beings, now penalized in Arts. 272-274.
19. Act No. 2212. Act providing for the confiscation and disposition of money, articles, instruments, appliances and devices in gambling, now provided for in Art. 45.
20. Act No. 293. Act penalizing willful destruction, injury, or taking or carrying away any property of the Philippine Library, now provided for in Art. 311.
21. Act No. 2364. Act penalizing infidelity in the custody of prisoners detained for or a convicted of a crime, now governed by Arts. 223-225.
22. Act No. 2381. Secs. 2, 3, 4, 5, 6, 8, and 9. Act restricting the use of opium, etc., now provided for in Arts. 190-194.
23. Act No. 2549. Act prohibiting the forcing, compelling, or obliging of any laborer or other employee to purchase merchandise, commodities, or personal property under certain conditions, and the payment of wages of a laborer or employee by means of tokens or objects other than legal tender currency, now penalized by Art. 288, and also governed by Com. Act No. 303 and the Minimum Wage Law, Rep. Act No. 602, as amended by Rep. Act. No. 812.chan robles virtual law library
24. Act No. 2557. Act providing for the allowance to persons convicted of preventive imprisonment, etc., now embodied in Art. 29.
25. Act No. 2595. Law fixing prescription of the crime of libel and of a civil action arising therefrom, now provided in Art. 90.
26. Act No. 2711, Secs. 102, 2670, 2671, and 2672. Act amending the Revised Administrative Code.
27. Act No. 3104 amending Acts 2726. Law governing manner in which the death penalty shall be executed, now embodied in Arts. 18-85.
28. Act No. 3586 and 3397. Law governing habitual delinquency, now provided in Art. 62, par. 5.
29. General Orders No. 58, series of 1900, Sec. 106. Code of Criminal Procedure.
30. Other laws repealed by the Revised Penal Code are Acts Nos. 2030, 2142, 2298, 2712, 3195, 3244, 3298, and 3313, which are merely amendatory laws on the old Penal Code.
PRESIDENTIAL DECREE NO. 1602
SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR
VIOLATIONS OF PHILIPPINE GAMBLING LAWS
WHEREAS, Philippine Gambling Laws particularly Articles 195-199, the Revised Penal Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 499 (Cockfighting), Presidential Decree No. 483, (Game Fixing), Presidential Decree No., 519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai Bookies) and other City and Municipal Ordinances gambling all over the country have become ineffective and easily circumvented in view of the confusing and inappropriate system of penalties imposed on violations thereof.
WHEREAS, there is an urgent need to update these gambling laws for simplicity and clearer understanding and to standardize and provide stiffer penalties for their violations to make them more effective and responsive to the present norms of conduct and behavior of the people.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and in order to effect the desired and necessary changes and reforms in the social and economic structure of our society, do hereby order and declare to be part of the laws of the land, the following:
Sec. 1. Violations and Penalties. — The penalty of prision mayor in its medium degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:
(a) Any person other than those referred to in the succeeding subsection who in any manner, shall directly or indirectly take part in any game of cockfighting, jueteng, bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or pompiang and the like, black jack, lucky nine, "pusoy" or Russian Poker, monte, baccarat and other card games, palk que, domino, mahjong, high and low, slot machines, roullette, pinball and other mechanical inventories or devices, dog racing, boat racing, car raising and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and other contests to include game fixing, point shaving and other machinations banking or percentage game, or any other game or scheme, whether upon chance or skill, which do not have a franchise from the national government, wherein wagers consisting of money, articles of value of representative of value are made;
(b) Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in inhabited or uninhabited places or any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein or the place is a public or government building or barangay hall, the culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos.
The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be imposed upon the maintainer, conductor of the above gambling schemes.
The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government official, or if a player, promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving and other game machination.
The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour of any day shall have in his possession any lottery list, paper, or other matter containing letter, figures, signs or symbols which pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies and similar game or lottery which has taken place or about to take place.
Sec. 2. Barangay Official. — Any barangay official in whose jurisdiction such gambling house is found and which house has the reputation of a gambling place shall suffer the penalty of prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand Pesos and temporary absolute disqualifications.
Sec. 3. Informer's Reward. — Any person who shall give the information that will lead to the arrest and final conviction of the offender shall be rewarded an amount equivalent to Twenty Per Centum (20%) of the cash money confiscated form the offender.
Sec. 4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decree Nos. 483, 499, 510, 1306, Letter of Instructions, laws, executive orders, rules and regulations, City and Municipal Ordinances which are inconsistent with this Decree are hereby repealed or accordingly modified.
Sec. 5. Effectivity. — This Decree shall take effect immediately upon publication thereof by the Minister of the Ministry of Public Information at least once in a newspaper of general circulation.
DONE in the City of Manila, this 11th day of June in the year of Our Lord, nineteen hundred and seventy-eight.
VIOLATIONS OF PHILIPPINE GAMBLING LAWS
WHEREAS, Philippine Gambling Laws particularly Articles 195-199, the Revised Penal Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 499 (Cockfighting), Presidential Decree No. 483, (Game Fixing), Presidential Decree No., 519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai Bookies) and other City and Municipal Ordinances gambling all over the country have become ineffective and easily circumvented in view of the confusing and inappropriate system of penalties imposed on violations thereof.
WHEREAS, there is an urgent need to update these gambling laws for simplicity and clearer understanding and to standardize and provide stiffer penalties for their violations to make them more effective and responsive to the present norms of conduct and behavior of the people.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and in order to effect the desired and necessary changes and reforms in the social and economic structure of our society, do hereby order and declare to be part of the laws of the land, the following:
Sec. 1. Violations and Penalties. — The penalty of prision mayor in its medium degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:
(a) Any person other than those referred to in the succeeding subsection who in any manner, shall directly or indirectly take part in any game of cockfighting, jueteng, bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or pompiang and the like, black jack, lucky nine, "pusoy" or Russian Poker, monte, baccarat and other card games, palk que, domino, mahjong, high and low, slot machines, roullette, pinball and other mechanical inventories or devices, dog racing, boat racing, car raising and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and other contests to include game fixing, point shaving and other machinations banking or percentage game, or any other game or scheme, whether upon chance or skill, which do not have a franchise from the national government, wherein wagers consisting of money, articles of value of representative of value are made;
(b) Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in inhabited or uninhabited places or any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein or the place is a public or government building or barangay hall, the culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos.
The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be imposed upon the maintainer, conductor of the above gambling schemes.
The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government official, or if a player, promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving and other game machination.
The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour of any day shall have in his possession any lottery list, paper, or other matter containing letter, figures, signs or symbols which pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies and similar game or lottery which has taken place or about to take place.
Sec. 2. Barangay Official. — Any barangay official in whose jurisdiction such gambling house is found and which house has the reputation of a gambling place shall suffer the penalty of prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand Pesos and temporary absolute disqualifications.
Sec. 3. Informer's Reward. — Any person who shall give the information that will lead to the arrest and final conviction of the offender shall be rewarded an amount equivalent to Twenty Per Centum (20%) of the cash money confiscated form the offender.
Sec. 4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decree Nos. 483, 499, 510, 1306, Letter of Instructions, laws, executive orders, rules and regulations, City and Municipal Ordinances which are inconsistent with this Decree are hereby repealed or accordingly modified.
Sec. 5. Effectivity. — This Decree shall take effect immediately upon publication thereof by the Minister of the Ministry of Public Information at least once in a newspaper of general circulation.
DONE in the City of Manila, this 11th day of June in the year of Our Lord, nineteen hundred and seventy-eight.
PRESIDENTIAL DECREE NO. 1613
PRESIDENTIAL DECREE NO. 1613
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and other crimes involving destruction in Metro Manila and other urban centers in the country are being perpetuated by criminal syndicates, some of which have foreign connections;
WHEREAS, the current law on arson suffer from certain inadequacies that impede the successful enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be prevented to protect the national economy and preserve the social economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby order and decree as part of the law of the land, the following:
Sec. 1. Arson. — Any person who burns or sets fire to the property of another shall be punished by Prision mayor.
The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.
Sec. 2. Destructive Arson. — The penalty of Reclusion temporal in its maximum period to Reclusion perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.
2. Any archive, museum, whether public or private or any edifice devoted to culture, education or social services.
3. Any church or place or worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.
7. Any building, whether used as dwelling or not, situated in a populated or congested area.
Sec. 3. Other Cases of Arson. — The penalty of Reclusion temporal to Reclusion perpetua shall be imposed if the property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any uninhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or forest;
5. Any rice mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Sec. 4. Special Aggravating Circumstances in Arson. — The penalty in any case of arson shall be imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.
Sec. 5. Where Death Results From Arson. — If by reason of or on the occasion of arson death results, the penalty of Reclusion perpetua to death shall be imposed.
Sec. 6. Prima Facie Evidence of Arson. — Any of the following circumstances shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building not necessary in the business of the offender nor for household use.
3. Gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers, thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under the control of the offender and/or insured.
6. If shortly before the fire a substantial portion of the effects insured and stored in building or property had been withdrawn from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of other person or property of the victim.
Sec. 7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall be punished by prision mayor in its minimum period.
Sec. 8. Confiscation of Object of Arson. — The building which is the object of arson including the land on which it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.
Sec. 9. Repealing Clause. — The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are hereby repealed or amended accordingly.
Sec. 10. Effectivity. — This Decree shall take effect immediately upon publication thereof at least once in a newspaper of general circulation.
Done in the City of Manila this 7th day of March nineteen hundred and seventy nine.
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and other crimes involving destruction in Metro Manila and other urban centers in the country are being perpetuated by criminal syndicates, some of which have foreign connections;
WHEREAS, the current law on arson suffer from certain inadequacies that impede the successful enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be prevented to protect the national economy and preserve the social economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby order and decree as part of the law of the land, the following:
Sec. 1. Arson. — Any person who burns or sets fire to the property of another shall be punished by Prision mayor.
The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.
Sec. 2. Destructive Arson. — The penalty of Reclusion temporal in its maximum period to Reclusion perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.
2. Any archive, museum, whether public or private or any edifice devoted to culture, education or social services.
3. Any church or place or worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.
7. Any building, whether used as dwelling or not, situated in a populated or congested area.
Sec. 3. Other Cases of Arson. — The penalty of Reclusion temporal to Reclusion perpetua shall be imposed if the property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any uninhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or forest;
5. Any rice mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Sec. 4. Special Aggravating Circumstances in Arson. — The penalty in any case of arson shall be imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.
Sec. 5. Where Death Results From Arson. — If by reason of or on the occasion of arson death results, the penalty of Reclusion perpetua to death shall be imposed.
Sec. 6. Prima Facie Evidence of Arson. — Any of the following circumstances shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building not necessary in the business of the offender nor for household use.
3. Gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers, thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under the control of the offender and/or insured.
6. If shortly before the fire a substantial portion of the effects insured and stored in building or property had been withdrawn from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of other person or property of the victim.
Sec. 7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall be punished by prision mayor in its minimum period.
Sec. 8. Confiscation of Object of Arson. — The building which is the object of arson including the land on which it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.
Sec. 9. Repealing Clause. — The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are hereby repealed or amended accordingly.
Sec. 10. Effectivity. — This Decree shall take effect immediately upon publication thereof at least once in a newspaper of general circulation.
Done in the City of Manila this 7th day of March nineteen hundred and seventy nine.
PD 1744
PRESIDENTIAL DECREE NO. 1744
AMENDING ARTICLE THREE HUNDRED AND TWENTY OF
THE REVISED PENAL CODE PROVISIONS ON ARSON
WHEREAS, there have been rampant and wanton burnings of residential houses, public buildings, markets, hotels and other commercial establishments;
WHEREAS, to effectively discourage and deter the commission of arson, and to prevent destruction of properties and protect the lives of innocent people, it is necessary that the capital punishment be imposed upon arsonists;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the power vested in me by the Constitution, do hereby order and decree that Article 320, Revised Penal Code be amended:
Sec. 1. Article 320 of the Revised Penal Code shall read as follows:
"Art. 320. Destructive Arson. — The penalty of reclusion temporal in its maximum period to death shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning or as a result of simultaneous burnings, or committed on several or different occasions;
2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as but not limited to official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the penalty of death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.
The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
If as a consequence of his commission of any of the acts penalized under this Article, death or injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties were burned or destroyed, the mandatory penalty of death shall be imposed."
Sec. 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may be inconsistent herewith are hereby repealed.
Sec. 3. Effectivity. — This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen hundred and eighty.
AMENDING ARTICLE THREE HUNDRED AND TWENTY OF
THE REVISED PENAL CODE PROVISIONS ON ARSON
WHEREAS, there have been rampant and wanton burnings of residential houses, public buildings, markets, hotels and other commercial establishments;
WHEREAS, to effectively discourage and deter the commission of arson, and to prevent destruction of properties and protect the lives of innocent people, it is necessary that the capital punishment be imposed upon arsonists;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the power vested in me by the Constitution, do hereby order and decree that Article 320, Revised Penal Code be amended:
Sec. 1. Article 320 of the Revised Penal Code shall read as follows:
"Art. 320. Destructive Arson. — The penalty of reclusion temporal in its maximum period to death shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning or as a result of simultaneous burnings, or committed on several or different occasions;
2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as but not limited to official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the penalty of death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.
The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
If as a consequence of his commission of any of the acts penalized under this Article, death or injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties were burned or destroyed, the mandatory penalty of death shall be imposed."
Sec. 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may be inconsistent herewith are hereby repealed.
Sec. 3. Effectivity. — This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen hundred and eighty.
Other Provisions of RA 4363
The other provisions of Republic Act 4363, approved 19, 1965 are as follows:
Sec. 2. If any section or sections of this Act shall be declared unconstitutional or invalid it shall not invalidate the other sections hereof.
Sec. 3. This Act shall take effect only if and when, within thirty days from its approval, the newspapermen in the Philippines shall organize, and elect the members of, a Philippine Press Council, a private agency of the said newspapermen, whose function shall be to promulgate a Code of Ethics for them and the Philippines press, investigate violations thereof, and censure any newspaperman or newspaper guilty of any violation of the said Code, and the fact that such Philippine Press council has been organized and its members have been duly elected in accordance herewith shall be ascertained and proclaimed by the President of the Philippines.
Sec. 2. If any section or sections of this Act shall be declared unconstitutional or invalid it shall not invalidate the other sections hereof.
Sec. 3. This Act shall take effect only if and when, within thirty days from its approval, the newspapermen in the Philippines shall organize, and elect the members of, a Philippine Press Council, a private agency of the said newspapermen, whose function shall be to promulgate a Code of Ethics for them and the Philippines press, investigate violations thereof, and censure any newspaperman or newspaper guilty of any violation of the said Code, and the fact that such Philippine Press council has been organized and its members have been duly elected in accordance herewith shall be ascertained and proclaimed by the President of the Philippines.
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