That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of article That the offender had no intention to commit so grave a wrong as that committed. That sufficient provocation or threat on the part of the offended party immediately preceded the act. That the act was committed in the immediate vindication of a grave offense to the one committing the felony delito , his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degrees.
That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Home Criminal Law. Criminal Liability. A person is liable or responsible for a crime when he or she has acted with criminal intent, as opposed to acting accidentally or lacking the ability to act deliberately.
What Is a Crime? Criminal Liability Criminal liability refers to responsibility for a crime and the penalty society imposes for the crime. Mens Rea or Criminal Intent In order to hold someone to account for a crime, the prosecutor must prove that they harbored the required level of criminal intent called mens rea. Vicarious or Implied Liability Usually, criminal liability rests upon the person who directly committed the act.
Strict Liability In order to convict a person of a crime, the state must usually prove liability in addition to the fact that an act occurred. Responsible but Not Liable—Incapacity to Form Criminal Intent Criminal liability law also recognizes situations in which the person who personally and directly engaged in the criminal act should not be held liable for the crime.
Possible Penalties A person found criminally liable by being convicted of a crime may be sentenced to serve time in jail or prison, to pay a fine, or both.
Karusel Berikutnya. Apa itu Scribd? Diunggah oleh Mieh Pacual. Apakah menurut Anda dokumen ini bermanfaat? Apakah konten ini tidak pantas? Laporkan Dokumen Ini. Tandai sebagai konten tidak pantas. Unduh sekarang. Judul terkait. Karusel Sebelumnya Karusel Berikutnya. Lompat ke Halaman. Cari di dalam dokumen. The following persons under the circumstances stated are expressly exempted by law from criminal liability for the crime they may committed: a.
Any person who acts under the compulsion of an irresistible force. Some of the circumstances considered by law as aggravating the guilt of the offender are the following: a.
When an offender takes advantage of his public position. When the crime is committed in a place of worship. When the crime is committed in consideration of a price, reward or promise. Be very familiar with the Philippine Nursing Law- guide in practicing nursing. Beware of laws that affect nursing practice- ignorance of the law excuses no one. Consult your superiors for problems that may be too big for you to handle. Verify orders that are not clear to you or those that seem to be erroneous. Keep in mind the value and necessity of keeping accurate and adequate records.
Patients are entitled to an informed consent. Tin Angus. Jacinth DelosSantos DelaCerna. Making any alteration or intercalation in a genuine document which changes its meaning;. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original; or.
Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.
Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.
Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.
Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree. Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate; and. Any public officer who shall issue a false certificate of merit or service, good conduct or similar circumstances.
The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. Using False Certificates. Manufacturing and Possession of Instruments or Implements for Falsification. Any person who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned in the preceding paragraph, shall suffer the penalty next lower in degree than that provided therein.
Usurpation of Official Functions. Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed pesos. Illegal Use of Uniforms or Insignia. False Testimony Against a Defendant.
The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1, pesos. False Testimony Favorable to the Defendant. False Testimony in Civil Cases. Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.
Offering False Testimony in Evidence. Machinations in Public Auctions. Monopolies and Combinations in Restraint of Trade.
Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market;. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize said merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market;.
Any person who, being an importer of any merchandise or object of commerce from any foreign country or from the United States, shall combine in any manner with other persons for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippine Islands of any article or articles imported or intended to be imported into said Islands, or of any article in the manufacture of which an imported article is used.
Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippine Islands. Whenever any of the offenses described above is committed by a corporation or association, the president and each one of the directors or managers of said corporation or association, or its agents or representative in the Philippine Islands, in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offenses, shall be held liable as principals thereof.
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the test of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label, or mark.
But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark. Substituting and Altering Trade-marks and Trade-names. Any person who shall substitute the name or mark of some other manufacturer for the name or mark of the real manufacturer upon any article of commerce and shall sell the same;.
Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-mark has been fraudulently used in such goods as described in the preceding subdivision; or. Any person who, knowing the purposes for which the trade-mark or trade-name of a person is to be used, prints, lithographs, or in any way reproduces such trade-mark or trade-name, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-mark or trade-name on his own goods.
A trade-name or trade-mark is a word or words, name, emblem, sign, or device used as an advertisement, sign, label, poster or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark. Anyone who, unless lawfully authorized shall possess, prepare, administer, or otherwise use any prohibited drug. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law.
Keeper, Watchman and Visitor of Opium Den. 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. Any person who, not being included in the provisions of the next preceding article, shall knowingly visit any dive or resort of the character referred to above.
Importation and Sale of Prohibited Drugs. The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another any prohibited drug.
The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima facie evidence that its possessor has used said drug. Prescribing Opium Unnecessarily for a Patient. What Acts are Punishable in Gambling. Any person who, in any manner, shall directly or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking or percentage game, dog races or any other game or scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.
Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any inhabited or uninhabited place or any building, vessel or other means of transportation owned or controlled by him. 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.
Any person who shall, knowingly and without lawful purpose, have in his possession any lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or is about to take place.
Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding pesos, or both, in the discretion of the court. The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.
Betting in Sports Contests. Illegal Betting on Horse Races. The penalty of arresto mayor or a fine ranging from to 2, pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom. For the purpose of this article, any race held on the same day and at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission.
Illegal Cockfighting. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or organizes such cockfights, at a place other than a licensed cockpit.
Grave Scandal. Immoral Doctrines, Obscene Publications and Exhibitions. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;. The authors of obscene literature, published with their knowledge in any form, and the editors publishing such literature;. Those who in theaters, fairs, cinematographs or any other place open to public view, shall exhibit indecent or immoral plays, scenes, acts or shows; and. Those who shall sell, give away or exhibit prints, engravings, sculptures or literature which are offensive to morals.
Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling;. Any person found loitering about public or semi-public buildings or places or tramping or wandering about the country or the streets without visible means of support;.
Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes;. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;. For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Who are Public Officers. Knowingly Rendering Unjust Judgment. Judgment Rendered Through Negligence. Unjust Interlocutory Order. Malicious Delay in the Administration of Justice. Prosecution of Offenses; Negligence and Tolerance. The same penalty shall be imposed upon an attorney-at-law or solicitor procurador judicial who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.
Direct Bribery. If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of arresto mayor in its maximum period and a fine of not less than the value of the gift and not more than twice such value.
If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of arresto mayor in its medium and maximum periods and a fine of not less than the value of the gift and not more than three times such value. In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification. 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.
Indirect Bribery. Corruption of Public Officials. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;.
Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty of any of the following acts or omissions:. When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied.
Other Frauds. Prohibited Transactions. Possession of Prohibited Interest by a Public Officer. This provision is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine ranging from one-half to the total value of the funds or property embezzled. The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses.
Failure of Accountable Officer to Render Accounts. Illegal Use of Public Funds or Property. In either case, the offender shall also suffer the penalty of temporary special disqualification. If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum misapplied.
This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery. The fine shall be graduated in such case by the value of the thing, provided that it shall not be less than 50 pesos.
Officers Included in the Preceding Provisions. Conniving With or Consenting to Evasion. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance.
Evasion Through Negligence. Removal, Concealment or Destruction of Documents. In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed. Officer Breaking Seal. Opening of Closed Documents. Revelation of Secrets by an Officer. Open Disobedience. Refusal of Assistance. Refusal to Discharge Elective Office.
Maltreatment of Prisoners. If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine not exceeding pesos, in addition to his liability for the physical injuries or damage caused. Anticipation of Duties of a Public Office.
Prolonging Performance of Duties and Powers. Abandonment of Office or Position. Usurpation of Legislative Powers. Usurpation of Executive Functions. Usurpation of Judicial Functions. Disobeying Request for Disqualification. Unlawful Appointments. Abuses Against Chastity — Penalties. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer;.
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.
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 seducers, 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.
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. 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.
On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. Penalty for Frustrated Parricide, Murder or Homicide. 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.
Death Caused in a Tumultuous Affray. Physical Injuries Inflicted in a Tumultuous Affray. 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 from five to fifteen days.
Giving Assistance to Suicide. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.
Discharge of Firearms. Intentional Abortion. Unintentional Abortion. Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1, pesos.
Responsibility of Participants in a Duel. If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature. In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted. Challenging to a Duel. Serious Physical Injuries. The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.
Administering Injurious Substances or Beverages. Less Serious Physical Injuries. Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding pesos shall be imposed.
Slight Physical Injuries and Maltreatment. 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. By arresto menor or a fine not exceeding 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 attendance. 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.
Serious Illegal Detention. If the locking up or detention shall have lasted more than twenty days. If any serious physical injuries shall have been inflicted upon the person locked up or detained, or if threats to kill him shall have been made. Slight Illegal Detention. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. Unlawful Arrest. Kidnapping and Failure to Return a Minor. Anyone who shall kidnap a child under seven years for the purpose of permanently separating said child from his parents or guardians or the persons charged with his custody.
Any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.
Inducing a Minor to Abandon his Home. 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 menor or a fine not exceeding pesos, or both. 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. Exploitation of Child Labor. Anyone 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.
Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured. 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.
Abandoning a Minor. 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. 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 condition permit. Exploitation of Minors. 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.
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 of children under sixteen years of age who are not his children or descendants.
Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under twelve years of age in such dangerous exhibitions. 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.
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. Additional Penalties for Other Offenses.
Qualified Trespass to Dwelling. Other Forms of Trespass. Grave Threats. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose.
If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed. If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period. The penalty of arresto mayor and a fine not exceeding pesos, if the threat shall not have been made subject to a condition. Light Threats. Bond for Good Behavior. Other Light Threats. 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.
Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts shows that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of article of this Code. Any person who shall orally threaten to do another any harm not constituting a felony. Grave Coercions.
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