Q: What are the sources of criminal law? A private communication made by any person to another in the performance of any legal, moral or social duty; and. Monopolies and combinations in restraint of trade. - Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. To prevent the promulgation or execution of any law or the holding of any popular election; 2. 5. Section Two. 4. In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification. Chapter FourMALVERSATION OF PUBLIC FUNDS OR PROPERTY. Suspension of sentence of minor delinquents. - In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. - Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1. 7. Acedillo said under Article 333 of the Revised Penal Code, adultery is committed by a married woman who shall have sexual intercourse with a man not her husband and by … If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period. Retroactive effect of penal laws. Measures of prevention or safety which are nor considered penalties. Homicide. Article 244. Both are deemed “crimes against chastity” under the Revised Penal Code of the Philippines and are treated as sexual infidelity in the Family Code. - 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. Crimes involving destruction. Article 101. Article 334. 3. Article 108. Third. Article 95. RPC Articles 333 and 334 violate the equal protection clause of the 1987 Constitution since the sex-based classification does not justify the setting of different elements for the same act of engaging in extra-marital relations. Article 337. Article 78. - Piracy and mutiny on the high seas or in Philippine waters. Article 58. "Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use. Piracy in general and mutiny on the high seas. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. Article 253. 3. Light coercions. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period. - If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. Article 126. If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period. Penalties which may be imposed. - 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. 19: Article 333 defines ‘adultery’ as sexual intercourse between the wife and a man who is not her husband, with both of them being ‘guilty’. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. - Any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter. Repealing Clause. - Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive. - The penalty provided in the next proceeding article shall be imposed upon: 1. (As amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965). Article 201. - 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. - The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article. Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares. - Crimes against legislative bodies and similar bodies. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. Penalty to be imposed upon a person under eighteen years of age. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. - 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. - Any person who shall intentionally cause an abortion shall suffer: 1. 3. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. - 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. 3. The 1987 Philippine Constitution provides that “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men” (Article II, Section 14). If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods. Article 287. - A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and. Discovering secrets through seizure of correspondence. - The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. - In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. Maintaining adultery as a criminal offense for both women and men means in practice that women will continue to face extreme vulnerabilities, and violation of their human rights to dignity, privacy and equality, given continuing discrimination and inequalities faced by women compared to men. - Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 11. - 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. Liability under the Revised Penal Code; Sec. - Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment. - Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from 200 to 500 pesos. - The following shall not be considered as penalties: 1. - Any person guilty of theft shall be punished by: 1. Article 313. - The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used in any manner contrary to law; and. Interruption of religious worship. - If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond. Imposition of fines. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. Application of laws enacted prior to this Code. Article 74. Article 312. Section Three. The husband need only prove that his wife had sexual intercourse with a man other than … Section One. Rebellion or insurrection; How committed. - The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. - Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine of not less than the value of the gift and] not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. 80. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. - In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. 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. Arbitrary detention. If any wall, roof, flour or outside door or window has been broken. Article 345. Computation of penalties. - Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message. Article 208. 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