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Types
of
Penalties
Type
Entire length Minimum length Medium length
Maximum
length
Min Max Min Max Min Max Min Max
Reclusión
perpetua
20 years and 1 day to 40 years
Reclusión
temporal
12 years
and one
day
20 years
12 years
and one
day
14 years
and 8
months
14 years
and 8
months
17 years
and 4
months
17
years
and 4
months
20
year
s
Prison
mayor
and
temporar
y
disqualifi
cation
6 years
and one
day
12 years
6 years
and 1 day
8 years
8 years
and 1 day
10 years
10
years
and 1
day
12
yea
rs
Prisión
correccio
nal,
suspensió
n,
and desti
erro
6 months
and one
day
6 years
6 months
and 1 day
2 years
and 4
months
2 years, 4
months
and 1 day
4 years
and 2
months
4
years,
2
month
s and
1 day
6
yea
rs
Type
Entire length Minimum length Medium length
Maximum
length
Min Max Min Max Min Max Min Max
Arresto
mayor
1 month
and 1 day
6
months
1 month 2 months
2 months
and 1 day
4
months
4
month
s and 1
day
6
mo
nth
s
Arresto
menor
1 day 30 days 1 day 10 days 11 days 20 days
21
days
30
day
s
Type
Entire length Minimum length Medium length
Maximum
length
Min Max Min Max Min Max Min Max
Any person who shall kill his father,
mother, or child, whether legitimate of
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. 246. Parricide
"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 of 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 18 years of age, and
their seducer, while the daughters are living
with their parents."
Death or physical injuries inflicted under exceptional
circumstances
1. That a legally married person surprises his
spouse in the act of committing sexual
intercourse with another person.
Requisites for the application of Article 247
2. That he or she kills any or both of them or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter.
3. That he has not promoted or facilitated the
prostitution of his wife or that he has not
consented to the infidelity of the other
spouse.
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 next preceding article, shall be deemed guilty of
homicide and be punished by reclusion temporal.”
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.”
Abortion
“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.”
Art. 255 Infanticide
“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
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.
Physical Injuries
(Article 262-266)
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.
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.
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.
Article 266-A. Rape:
When And How Committed
Rape is committed:
1) By a man who shall have carnal knowledge of
a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason
or otherwise unconscious;
c) By means of fraudulent machination or grave
abuse of authority; and
d) When the offended party is under twelve (12)
years of age or is demented, even though
none of the circumstances mentioned above
be present.
2) By any person who, under
any of the circumstances
mentioned in paragraph 1
hereof, shall commit an act
of sexual assault by
inserting his penis into
another person’s mouth or
anal orifice, or any
instrument or object, into
the genital or anal orifice
of another person.

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Loquez law iiiRevisedPenalCode

  • 2. Type Entire length Minimum length Medium length Maximum length Min Max Min Max Min Max Min Max Reclusión perpetua 20 years and 1 day to 40 years Reclusión temporal 12 years and one day 20 years 12 years and one day 14 years and 8 months 14 years and 8 months 17 years and 4 months 17 years and 4 months 20 year s
  • 3. Prison mayor and temporar y disqualifi cation 6 years and one day 12 years 6 years and 1 day 8 years 8 years and 1 day 10 years 10 years and 1 day 12 yea rs Prisión correccio nal, suspensió n, and desti erro 6 months and one day 6 years 6 months and 1 day 2 years and 4 months 2 years, 4 months and 1 day 4 years and 2 months 4 years, 2 month s and 1 day 6 yea rs Type Entire length Minimum length Medium length Maximum length Min Max Min Max Min Max Min Max
  • 4. Arresto mayor 1 month and 1 day 6 months 1 month 2 months 2 months and 1 day 4 months 4 month s and 1 day 6 mo nth s Arresto menor 1 day 30 days 1 day 10 days 11 days 20 days 21 days 30 day s Type Entire length Minimum length Medium length Maximum length Min Max Min Max Min Max Min Max
  • 5.
  • 6. Any person who shall kill his father, mother, or child, whether legitimate of 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. 246. Parricide
  • 7. "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 of 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 18 years of age, and their seducer, while the daughters are living with their parents." Death or physical injuries inflicted under exceptional circumstances
  • 8. 1. That a legally married person surprises his spouse in the act of committing sexual intercourse with another person. Requisites for the application of Article 247
  • 9. 2. That he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter.
  • 10. 3. That he has not promoted or facilitated the prostitution of his wife or that he has not consented to the infidelity of the other spouse.
  • 11. 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.”
  • 12. 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.
  • 13. 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.
  • 14. 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.
  • 15. 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 next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.”
  • 16. 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.”
  • 18. “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.” Art. 255 Infanticide “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.”
  • 19. 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.
  • 20. 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.
  • 21. Art. 258. Abortion practiced by the woman herself of 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.
  • 22.
  • 24. 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.
  • 25. 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:
  • 26. 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind.
  • 27. 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.
  • 28. 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.
  • 29. 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.
  • 30. 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.
  • 31. 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.
  • 32. 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.
  • 33. 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.
  • 34. 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.
  • 35. Article 266-A. Rape: When And How Committed
  • 36. Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
  • 37. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.