Spanish Penal Code

• Title I  Felonies and Misdemeanors, and the Circumstances Which Exempt From, Mitigate, or Aggravate Criminal, Liability
  • Chapter I  Felonies and Misdemeanors
    • Article 1

      All voluntary acts and omissions punishable by law are felonies (delitos) or misdemeanors (faltas).

      • Acts and omissions punishable by law are always presumed to be voluntary unless the contrary shall appear.

      • Any person voluntarily committing a felony (delito) or misdemeanor (falta) shall incur criminal liability, although the wrongful act done be different from that which he intended.

    • Article 2

      Whenever a court has knowledge of any act which it may deem proper

      to repress, and which is not punishable by law, it shall abstain from any

      proceedings in the matter and shall report to the Government the reasons

      which induce the court to believe that the act should be the object of penal

      legislation.

      • In the same way the court shall make to the Government such statement as

        may be deemed proper, without suspending execution of the sentence, when

        a strict application of the provisions of the code would result in a clearly

        excessive penalty, taking into consideration the degree of malice and the

        injury caused by the offense.

    • Article 3

      Frustrated felonies and attempts to commit felonies are punishable, as well as those which are consummated.

      • A felony is frustrated when the offender performs all the acts of execution

        which should produce the felony as a consequence, but which, nevertheless,

        do not produce it by reason of causes independent of the will of the perpetrator.

      • There is an attempt when the offender commences the commission of the felony

        directly by overt acts, and does not perform all the acts of execution which

        constitute the felony by reason of some cause or accident other than his

        own voluntary desistance.

    • Article 4

      A conspiracy and proposal to commit a felony are punishable only

      in the cases in which the law specially provides a penalty therefor.

      • A conspiracy exists when two or more persons come to an agreement concerning

        the commission of a felony and determine to commit it.

      • There is a proposal when the person who has decided to commit a felony proposes

        its execution to some other person or persons.

    • Article 5

      Misdemeanors are punishable only when they have been consummated, with the exception of frustrated misdemeanors against persons or property.

    • Article 6

      Crimes to which the law attaches penalties which in any of their degrees are afflictive are grave felonies.

      • Crimes to which the law attaches penalties which in their maximum degree

        are correctional are considered less grave felonies.

      • Infractions of law for the commission of which light penalties are prescribed

        are misdemeanors.

    • Article 7

      Offenses punishable under special laws are not subject to the provisions of this code.

  • Chapter II  Circumstances Which Exempt from Criminal Liability
    • Article 8

      The following are exempt from criminal liability:

      • 1

        An imbecile or lunatic, unless the latter has acted during a lucid interval.

        • When the imbecile or lunatic has committed an act which the law defines as a grave felony, the court shall order his confinement in one of the asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

        • If the act committed by the imbecile or lunatic be defined by the law as a less grave felony, the court, according to the circumstances of the case, shall proceed as provided in the next preceding paragraph, or shall deliver the imbecile or lunatic to his family, if the latter gives sufficient bond to keep him in custody.

      • 2

        A person under nine years of age.

      • 3

        A person over nine years of age and under fifteen, unless he has acted with discernment.

        • In order to impose a penalty upon such a person, or declare him irresponsible, the court shall make an express finding upon this fact.

        • When the minor is declared irresponsible, in accordance with the provisions of this and the next preceding paragraph, he shall be delivered to his family with the admonition to watch over and educate him. In the absence of a person to take charge of his care and education, he shall be taken to some charitable institution for the education of destitute orphans, and he shall not leave such institution except at the time and under the conditions prescribed for its inmates.

      • 4

        Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

        • 1

          Unlawful aggression;

        • 2

          Reasonable necessity for the means employed to prevent or repel it;

        • 3

          Lack of sufficient provocation on the part of the person defending himself.

      • 5

        Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second circumstances prescribed in the next preceding paragraph are present, and the further circumstance, in case the provocation was given by the person attacked, that the one making defense had no part therein.

      • 6

        Anyone who acts in defense of the person or rights of a stranger, provided that the first and second circumstances mentioned in paragraph four are present, and the further circumstance that the person defending be not actuated by revenge, resentment, or other evil motive.

      • 7

        Any person who, in order to avoid an evil or injury, does an act which causes damage to the property of another, provided that the following circumstances are present:

        • 1

          That the evil sought to be avoided actually exists;

        • 2

          That the injury feared be greater than that done to avoid it;

        • 3

          That there be no other practical and less harmful means of preventing it.

      • 8

        Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

      • 9

        Any person who acts under the compulsion of an irresistible force.

      • 10

        Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

      • 11

        Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

      • 12

        Any person who acts by virtue of obedience due another.

      • 13

        Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

  • Chapter III  Circumstances Which Mitigate Criminal Liability
    • Article 9

      The following are mitigating circumstances:

      • 1

        Those mentioned in the preceding chapter, when all the requisites necessary to exempt from criminal liability in the respective cases are not attendant.

      • 2

        That the offender is under eighteen years of age.

      • 3

        That the offender had no intention to commit so great a wrong as that committed.

      • 4

        That sufficient provocation or threat on the part of the offended party immediately preceded the act.

      • 5

        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.

      • 6

        That the act was committed in a state of intoxication, when the intoxication is not habitual or subsequent to the plan to commit the crime.

        • The courts shall decide, in view of the circumstances and facts in the case, when the intoxication is to be considered habitual.

      • 7

        That of having acted upon an impulse so powerful as naturally to have produced passion and obfuscation.

      • 8

        And, finally, any other circumstances of a similar nature and analogous to those above enumerated."

  • Chapter IV  Circumstances Which Aggravate Criminal Liability
    • Article 10

      The following are aggravating circumstances:

      • 1

        That the injured person be the spouse, or ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees, of the offender. This circumstance shall be taken into consideration by the courts as aggravating or mitigating, according to the nature and effects of the crime.

      • 2

        That the act be committed with treachery (alevosia).

        • There is treachery (alevosia) when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.

      • 3

        That the crime be committed in consideration of a price, reward, or promise.

      • 4

        That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

      • 5

        That the crime be committed by means of printing, lithography, photography, or other similar means which facilitates publicity.

        • This circumstance shall be taken into consideration by the courts as aggravating or mitigating, according to the nature and effects of the crime.

      • 6

        That the wrong done in the commission of the crime be deliberately augmented by causing other wrongs not necessary for its commission.

      • 7

        That the act be committed with evident premeditation.

      • 8

        That craft, fraud, or disguise be employed.

      • 9

        That advantage be taken of superior strength, or means be employed to weaken the defense.

      • 10

        That the act be committed with abuse of confidence.

      • 11

        That advantage be taken by the offender of his public position.

      • 12

        That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

      • 13

        That the crime be committed on the occasion of a fire, shipwreck, or other calamity or misfortune.

      • 14

        That the crime be committed with the aid of armed men, or that of persons who insure or afford impunity.

      • 15

        That the crime be committed in the nighttime, or in an uninhabited place, or by a band of more than three armed men (encuadrilla).

        • This circumstance shall be taken into consideration by the courts according to the nature and incidents of the crime.

      • 16

        That the crime be committed in contempt of or with insult to the public authorities.

      • 17

        That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches a lighter penalty.

        • This circumstance shall be taken into consideration by the courts according to the circumstances of the offender and the nature and effects of the crime.

      • 18

        That the accused is a recidivist.

        • A recidivist is one who, at the time of his trial for one crime, shall have been convicted by final judgment of another crime embraced in the same title of this code.

      • 19

        That the crime be committed in a consecrated place, in the palace of the Governor-General, or in his presence, or where public authorities are engaged in the discharge of their duties.

      • 20

        That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.

      • 21

        That the crime be committed after an unlawful entry.

        • There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

      • 22

        That as a means to the commission of the crime a wall, roof, floor, door, or window be broken.

      • 23

        That the offender be a vagrant.

        • A vagrant is a person who possesses no property or income, does not habitually follow any profession, art, or trade, and has no employment, office, industry, lawful occupation, or any other known and lawful means of support, even though he may be married and have a fixed domicile.

      • 24

        That the act be committed by the use of arms prohibited by the regulations."

  • Chapter V  Provisions Common to the Two Preceding Chapters
    • Article 11

      The circumstance of the offender being a native, mestizo, or Chinaman shall be taken into consideration by the judges and courts in their discretion for the purpose of mitigating or aggravating the penalties, according to the degree of intent, the nature of the act, and the circumstances of the offended person.

• Title II  Persons Liable for Felonies and Misdemeanors
  • Chapter I  Persons Criminally Liable for Felonies and Misdemeanors
    • Article 12

      The following are criminally liable for felonies:

      • 1

        Principals;

      • 2

        Accomplices;

      • 3

        Accessories.

      • The following are criminally liable for misdemeanors:

        • 1

          Principals;

        • 2

          Accomplices.

    • Article 13

      The following are considered as principals:

      • 1

        Those who take a direct part in the commission of the act;

      • 2

        Those who directly force or induce others to commit it;

      • 3

        Those who cooperate in the commission of the act by another act without which it would not have been accomplished.

    • Article 14

      Accomplices are those persons who, not being included in article thirteen, cooperate in the execution of the act by previous or simultaneous acts.

    • Article 15

      Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

      • 1

        By profiting themselves or assisting the offenders to profit by the effects of the crime.

      • 2

        By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.

      • 3

        By harboring, concealing, or assisting in the escape of the offender, provided that any of the following circumstances are present:

        • 1

          The misuse of the authority of a public office on the part of the accessory;

        • 2

          The fact that the offender is guilty of treason, regicide, parricide, murder, an attempt to take the life of the Governor-General, or is known to be habitually guilty of some other crime."

    • Article 16

      The penalties prescribed for accessories shall not be imposed upon

      those who are such with respect to their spouses, ascendants, descendants,

      legitimate, natural, and adopted brothers and sisters, or relatives by affinity

      within the same degrees, with the single exception of accessories falling

      within the provisions of paragraph one of the next preceding article.

  • Chapter II  Persons Civilly Liable for Felonies and Misdemeanors
    • Article 17

      Every person criminally liable for a felony or misdemeanor is also civilly liable.

    • Article 18

      The exemption from criminal liability created in paragraphs one,

      two, three, seven, and ten of article eight does not include exemption from

      civil liability, which shall be enforced subject to the following rules:

      • First.

        In cases one, two, and three, the civil liability for acts committed

        by an imbecile or insane person, or one more than nine and less than fifteen

        years of age, who has acted without discernment, shall devolve upon those

        having such person legally under their control, unless it appear that there

        was no fault or negligence on their part.

        • Should there be no person having such lunatics, imbeciles, or minors under

          his authority, legal guardianship, or control, or if there be such person

          and he be insolvent, they shall respondent with their own property, excepting

          sufficient for their support in accordance with the civil law.

      • Second.

        In cases falling within paragraph seven, the persons for whose benefit

        the harm has been prevented shall be civilly liable in proportion to the

        benefit which they may have received.

        • The courts shall determine, in their discretion, the proportionate amount

          for which each one shall be liable.

        • When the respective shares can not be equitably determined, even approximately,

          or when the liability also attaches to the Government, or the majority of

          the inhabitants of the town, and, in all events, whenever the damage has

          been caused with the consent of the authorities or their agents, indemnification

          shall be made in the manner prescribed by special laws or regulations.

      • Third

        In cases falling within paragraph ten, the persons causing the fear

        shall be primarily liable, and the persons doing the act shall be liable

        secondarily, or, if there be no person by whom the fear was caused, those

        doing the act shall be liable, saving always to the latter that part of

        their property exempt from execution.

    • Article 19

      In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed within their establishments, in all cases where a violation of some general or special police regulation shall have been committed by them or their employees.

      • Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care of and vigilance over such goods. No liability shall attach in case of robbery by personal violence or intimidation, unless committed by the innkeeper's employees."

    • Article 20

      The subsidiary liability established in the next preceding article shall also apply to masters, teachers, persons, and corporations engaged in any kind of industry for felonies and misdemeanors committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.

• Title III  Penalties
  • Chapter I  Penalties in General
    • Article 21

      No felony or misdemeanor shall be punishable by any penalty not prescribed by law prior to its commission.

    • Article 22

      Penal laws shall have a retroactive effect in so far as they favor

      the person guilty of a felony or misdemeanor, although at the time of the

      publication of such laws a final sentence has been pronounced and the convict

      is serving same.

    • Article 23

      A pardon by the offended party does not extinguish a penal action.

      This does not apply to offenses which can not be prosecuted except upon

      the complaint of the offended party or with his consent.

      • Civil liability with regard to the interests of the injured party is extinguished by his express waiver.

    • Article 24

      The following shall not be considered as penalties:

      • 1

        The arrest and temporary detention of accused persons.

      • 2

        Suspension from public employment or office during trial or in order to institute proceedings.

      • 3

        Fines and other corrections which, in the exercise of their administrative or disciplinary powers, superiors may impose upon their subordinates.

      • 4

        Deprivation of rights, and the reparations, which the civil laws may establish in penal form."

  • Chapter II  Classification of Penalties
    • Article 25

      The penalties which may be imposed according to this code, and their different classes, are those included in the following:

      GENERAL SCALE

      AFFLICTIVE PENALTIES

      Death. Cadena perpetua. Reclusión perpetua. Extrañamiento perpetua. Cadena temporal. Reclusión temporal. Relegación temporal. Extrañamiento temporal. Presidio mayor. Prisión mayor. Confinamiento. Perpetual absolute disqualification. Temporal absolute disqualification. Perpetual special disqualification. - For holding public office, Temporary special disqualification. Voting or being voted for, or following profession or calling.

      • CORRECTIONAL PENALTIES

        Presidio correccional. Prisión correccional. Destierro. Public censure. Suspension from public office, the right to vote or be voted for, or the following of profession or calling. Arresto mayor.

      • LIGHT PENALTIES

        Arresto menor.

        Private censure.

      • PENALTIES COMMON TO THE THREE PRECEDING CLASSES

        Fine.

        Bond to keep the peace.

      • ACCESSORY PENALTIES

        Degradation.

        Civil interdiction.

        Subjection to the surveillance of the authorities.

        Forfeiture of the instruments and proceeds of the offense.

        Payment of costs.

    • Article 26

      A fine, when imposed alone, shall be considered an afflictive penalty,

      if it exceeds six thousand two hundred and fifty pesetas; as a correctional

      penalty, if it exceeds three hundred and twenty-five and is not more than

      six thousand two hundred and fifty pesetas; and as a light penalty, if it

      be less than three hundred and twenty-five pesetas.

    • Article 27

      The penalties of disqualification and of suspension from public

      office and of the right to vote or be voted for are to be considered as

      accessory penalties in all cases in which the law, without expressly requiring

      that they be imposed, provides that they shall accompany some other penalty.

      • The costs of the prosecution are to be understood as imposed by operation

        of law upon any person criminally liable for a felony or misdemeanor.'

  • Chapter III  The Duration and Effect of Penalties
    • Section I  Duration of Penalties
      • Article 28

        Any person sentenced to the penalty of Cadena perpetua, reclusión perpetua, relegación perpetua, or extrañamiento perpetua shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or for some other serious cause shall be considered by the Government as unworthy of pardon.

        • The duration of the penalties of cadena temporal, reclusión temporal, relegación temporal, and extrañamiento temporal shall be from twelve years and one day to twenty years.

        • The duration of the penalties of presidio mayor, prisión mayor, and confinamiento shall be from six years and one day to twelve years.

        • The duration of the penalties of temporary absolute disqualification and temporary special disqualification shall be from six years and one day to twelve years.

        • The duration of the penalties of presidio correccional, prisión correccional and destierro shall be from six months and one day to six years.

        • The duration of the penalty of suspension shall be from one month and one day to six years.

        • The duration of the penalty of arresto mayor shall be from one month and one day to six months.

        • The duration of the penalty of arresto menor shall be from one to thirty days.

        • The bond to keep the peace shall be required to cover such period of time as the court may determine."

      • Article 29

        The provisions of the next preceding article shall not be applied with respect to penalties imposed as accessory to others; in such cases the duration of the accessory penalties, respectively, shall be as provided by law.

      • Article 30

        If the defendant shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.

        • If the defendant be not in prison, the term of the duration of a penalty which consists of the deprivation of liberty shall be computed from the day that the defendant is placed at the disposal of the judicial authorities for the enforcement of the penalty.

        • The duration of the penalties of extrañamiento, confinamiento, and destierroshall be computed only from the day on which the defendant commences to serve his sentence.

        • If the defendant shall sue out a writ of error (recurso de casación) without success, no allowance shall be made for the time transpiring from the date of the judgment sought to be reviewed to the date of the judgment of affirmance."

    • Section II  Effects of the Penalties According to Their Respective Character
      • Article 31

        The penalty of perpetual absolute disqualification shall produce the following effects:

        • 1

          The deprivation of all honors and of any public offices and employments

          which the offender may have held, even if conferred by popular election.

        • 2

          The deprivation of the right to vote in any election for any popular

          elective office or to be elected to such office.

        • 3

          The disqualification for any honor, office, or public employment, and

          for the exercise of any of the rights mentioned.

        • 4

          The loss of all right to retirement pay or other pension for any office

          formerly held, but without prejudice to any allowance for living expenses

          which the Government may see fit to grant the defendant for any distinguished

          service.

        • The provisions of this article shall not affect any rights acquired at

          the time of the conviction by the widow or children of the offender.

      • Article 32

        The penalty of temporary absolute disqualification shall produce

        the following effects:

        • 1

          The deprivation of all honors and of any public offices and employments

          which the offender may have held, even if conferred by popular election.

        • 2

          The deprivation of the right to vote in any election for any popular

          elective office or to be elected to such office, during the term of the

          sentence.

        • 3

          The disqualification for any of the honors, employments, offices, and

          rights mentioned in paragraph one hereof, during the term of the sentence.'

      • Article 33

        The penalty of perpetual special disqualification for public office

        shall produce the following effects:

        • 1

          The deprivation of the office or employment thereby affected and of

          the honors thereto appertaining.

        • 2

          The disqualification for holding similar offices or employments.

      • Article 34

        The penalty of perpetual special disqualification for the right of suffrage shall forever deprive the offender of the right to vote at any election for the public office in question or to be elected to such office.

      • Article 35

        The penalty of temporary special disqualification for public office shall produce the following effects:

        • 1

          The deprivation of the office or employment in question and of all honors appurtenant thereto.

        • 2

          The disqualification for holding any similar office during the term of the sentence."

      • Article 36

        The penalty of temporary special disqualification for the exercise of the right of suffrage shall deprive the offender, during the term of the sentence, of the right to vote in any election for the office to which the sentence refers or to be elected to such office.

      • Article 37

        Suspension from any public office shall disqualify the offender for holding such office or any other of a similar character during the term of the sentence.

      • Article 38

        Suspension of the right of suffrage shall disqualify the offender for the exercise of this right during the term of the sentence.

      • Article 39

        If the penalty of disqualification or suspension in any form be imposed upon an ecclesiastic, its effect shall be limited to offices, rights, and honors not held by him under the Church, and to any emoluments which such ecclesiastic may have been entitled to receive by reason of his ecclesiastical office.

      • Article 40

        The penalty of perpetual special disqualification for any profession

        or calling shall forever deprive the offender of the right to follow such

        profession or calling.

        • Temporary special disqualification of this class shall deprive the offender

          of the right to follow such profession or calling during the term of the

          sentence.

      • Article 41

        Suspension of the right to follow any profession or calling shall produce the same effects as temporary disqualification therefor during the term of the sentence.

      • Article 42

        Civil interdiction shall deprive the offender, during the time of the sentence, of the rights of parental authority, of guardianship, either as to the person or property of any ward, of the right of membership in the family council, of marital authority, of the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos. This rule is subject to exception in cases in which the law expressly limits the effects of this penalty.

      • Article 43

        Subjection to the surveillance of the authorities shall impose upon the offender the following obligations:

        • 1

          To have a fixed place of residence and to report the same to the authority directly charged with watching him, which residence can not be changed without the knowledge and written consent of such authority.

        • 2

          To comply with any rules concerning inspection which such authority may prescribe.

        • 3

          To adopt some trade, art, industry, or profession, unless possessed of some known means of support.

        • Whenever an offender is placed under the surveillance of the authorities the fact shall be reported to the Government and to the Governor-General."

      • Article 44

        It shall be the duty of any person sentenced to give bond to keep

        the peace to present a sufficient surety who shall undertake that such

        person will not commit the offense sought to be prevented, and that in

        case such offense be committed he will pay the amount determined by the

        court in its judgment.

        • The court, in its discretion, shall determine the duration of the bond.

        • If the offender shall fail to give the bond required, he shall suffer

          the penalty of destierro.

      • Article 45

        Any person sentenced to the penalty of disqualification for public office, or for the exercise of the right of suffrage, or for following any profession or calling, whether the disqualification be temporary or perpetual, may be reinvested with such rights in the manner prescribed by law.

      • Article 46

        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.

      • Article 47

        Costs shall include all fees chargeable in the course of the prosecution, whether they be fixed and unalterable amounts previously determined by law, regulation, or royal order, or amounts not subject to schedule.

      • Article 48

        The amount of any fees not fixed beforehand in the manner mentioned in the next preceding article shall be determined by the court as prescribed by the law of criminal procedure.

      • Article 49

        In case the property of the offenders should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:

        • 1

          The reparation of actual damage caused and indemnification for the consequential damages.

        • 2

          The reimbursement of the Government for any stamped paper [^3] used and other expenditures chargeable to the defendant incurred during the prosecution.

        • 3

          The costs of the private prosecutor.

        • 4

          Other costs of the prosecution, including those of the defense, but without preference as between the parties respectively entitled thereto.

        • 5

          The fine.

        • If the offense be one of those which can only be prosecuted at the instance of the injured party, the right of the private prosecutor to recover his costs, shall take precedence over the right of the Government to reimbursement."

      • Article 50

        If the convict have no property with which to meet the pecuniary liabilities mentioned in paragraphs one, three, and five of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each twelve and one-half pesetas, subject to the following rules:

        • 1

          If the principal penalty imposed is to be executed by confining the convict in some penal institution, he shall remain in such institution, but such detention shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year.

        • 2

          If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period mentioned in the next preceding paragraph, shall continue to suffer the same deprivations as those of which the principal penalty consists.

        • 3

          If the principal penalty imposed be censure, fine, or a bond to keep the peace, the defendant, if insolvent, shall be confined in the district jail for a period which shall in no case exceed six months, if he shall have been prosecuted for a felony and shall not exceed fifteen days, if for a misdemeanor."

      • Article 51

        The subsidiary personal liability for insolvency shall not be imposed upon any person sentenced to suffer any penalty higher in the general scale than presidio correccional.

      • Article 52

        Any personal penalty which the defendant may have suffered by reason of his insolvency shall not relieve him from the reparation of the damage actually caused, nor from indemnification for the consequential damages in case his financial circumstances should improve; he shall, however, be relieved from the other pecuniary liabilities mentioned in paragraphs three and five of article forty-nine.

    • Section III  Penalties in Which Other Accessory Penalties Are Inherent
      • Article 53

        The death penalty, when it shall not be executed by reason of the pardon of the offender, shall carry with it that of perpetual absolute disqualification and subjection to the surveillance of the authorities during the lifetime of the offender, unless such accessory penalties shall have been expressly remitted in the pardon.

      • Article 54

        The penalty of cadena perpetua carries with it the following:

        • 1

          Degradation, in case the principal penalty of cadena perpetua be imposed upon any public employee for any official misconduct, if the office held by him be such as to confer permanent rank.

        • 2

          Civil interdiction.

        • 3

          Subjection to the surveillance of the authorities during the lifetime of the offender.

        • Even though the offender be pardoned as to the principal penalty, he shall suffer perpetual absolute disqualification and subjection to the surveillance of the authorities during his lifetime, unless these accessory penalties shall have been expressly remitted in the pardon granted with respect to the principal penalty."

      • Article 55

        The penalties of reclusión perpetua, relegación perpetua and extrañamiento perpetuo shall carry with them the penalties of perpetual absolute disqualification and subjection to the surveillance of the authorities for the lifetime of the offender, which penalties he shall suffer even though pardoned as to the principal penalty, unless the same shall have been remitted in the pardon."

      • Article 56

        The penalty of cadena temporal shall carry with it the following penalties:

        • 1

          Civil interdiction of the convict during the term of the sentence.

        • 2

          Perpetual absolute disqualification.

        • 3

          Subjection to the surveillance of the authorities during the lifetime of the offender.

      • Article 57

        The penalty of presidio mayor shall carry with it those of temporary absolute disqualification to its full extent and subjection to the surveillance of the authorities for a term equal to that of the principal penalty; the term of the latter accessory penalty shall commence upon the expiration of the principal penalty.

      • Article 58

        The penalty of presidio correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling and from the exercise of the right of suffrage.

      • Article 59

        The penalties of reclusión temporal, relegación temporal and extrañamiento temporal shall carry with them the penalties of temporary absolute disqualification to its full extent and subjection to the surveillance of the authorities during the term of the sentence, and for another equal period to commence at the expiration of the term of the principal penalty.

      • Article 60

        The penalty of confinamiento shall carry with it those of temporary absolute disqualification and subjection to the surveillance of the authorities during the term of the sentence, and for another equal period to commence at the expiration of the term of the principal penalty.

      • Article 61

        The penalties of prisión mayor, prisión correccional and arresto mayor shall carry with them suspension of the right to hold public office and the right of suffrage during the term of the sentence.

      • Article 62

        Every penalty imposed for the commission of a felony shall carry

        with it the forfeiture of the proceeds of the crime and the instruments

        with which it was committed. Such proceeds and instruments shall be forfeited

        unless they be the property of a third person not liable for the offense.

        • Things so forfeited shall be sold, if the subject of lawful commerce,

          the proceeds of such sale to be applied toward meeting the liabilities

          of the offender; otherwise, the articles shall be destroyed.

  • Chapter IV  The Application of Penalties
    • Section I  Rules for the Application of Penalties to Principals in a Consummated, Frustrated, or Attempted Crime; and to Accomplices and Accessories
      • Article 63

        The penalty prescribed by law for the commission of a felony or

        a misdemeanor shall be imposed upon the principals in the commission of

        such felony or misdemeanor.

        • Whenever the law prescribes a penalty for a felony in general terms, it

          shall be understood as applicable to the consummated felony.

      • Article 64

        In cases in which the felony committed is different from that which the accused intended to commit, the following rules shall be observed:

        • 1

          If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum degree.

        • 2

          If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum degree.

        • 3

          The rule established by the next preceding paragraph shall not be applicable

          if the acts committed shall also constitute an attempt to commit some

          other crime or should constitute a frustrated crime, if the law prescribes

          a higher penalty for either of the latter offenses, in which case the

          penalty corresponding to the attempt or the frustrated crime shall be

          imposed in its maximum degree.

      • Article 65

        The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.

        • The same rule shall be observed with regard to principals in frustrated misdemeanors."

      • Article 66

        A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.

      • Article 67

        The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the accomplices in the commission of a consummated felony.

      • Article 68

        The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.

      • Article 69

        The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.

      • Article 70

        The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony.

      • Article 71

        The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.

      • Article 72

        The penalty lower by two degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the attempt to commit a felony.

      • Article 73

        The provisions of articles sixty-eight, seventy, and seventy-two shall not be applicable to accessories falling within the terms of the first subdivision of paragraph three of article fifteen; such accessories shall suffer the penalty of perpetual special disqualification, if the principal offender shall be guilty of a grave felony, and that of temporary special disqualification, if he shall be guilty of a less grave felony.

      • Article 74

        The general provisions contained in articles sixty-five to seventy-three, inclusive, shall not be applicable to cases in which the law expressly prescribes the penalty corresponding to a frustrated felony, or an attempt, or to be imposed upon accomplices or accessories.

      • Article 75

        For the purpose of graduating the penalties which, according to the provisions of articles sixty-five to seventy-two, inclusive, are to be imposed upon persons guilty as principals of any frustrated felony, or an attempt, or as accomplices or accessories to such offenses, the following rules shall be observed:

      • 1

        When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree shall be that immediately following it in the respective graduated scale.

      • 2

        When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale.

      • 3

        When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum degree of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum degrees of the proper divisible penalty and the maximum degree of that immediately following in the respective graduated scale.

      • 4

        When the penalty prescribed for the crime is composed of several degrees, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the degree immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise, from the penalty immediately following in the respective graduated scale.

      • 5

        When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories."

      • Article 76

        When the penalty prescribed by law for a crime is included in two scales, the graduation prescribed in the next preceding article shall be made according to the scale which includes the penalties prescribed for the majority of the crimes falling within the section, chapter, or title which deals with the crime in question.

        Demonstrative table of the provisions of this chapter

        | |Penalty prescribed for the crime.|Penalty Pertaining to the principal in a frustrated crime, the accomplice in a consummated crime.|Penalty pertaining to the principal in an attempt crime, and accessory in the consummated same crime, and accomplices in a frustrated crime.|Penalty Pertaining to an accessory in a frustrated crime and accomplices attempt to commit a crime.|Penalty pertaining to accessory in an attempt.|

        |:----|:----|:----|:----|:----|:----|

        |First case,|Cadena perpetua.|Cadena temporal.|Presidio mayor.|Presidio correccional.|Death.|

        |Second case,|Cadena temporal.|Presidio mayor.|Presidio Arresto mayor.|Cadena correccional.|Perpetua to death.|

        | Third case,|Presidio mayor in its maximum degree to cadena temporal in its medium degree.|Presidio correccional in its maximum degree to presidio mayor in its medium degree.|Arresto mayor in its maximum degree to presidio correccional in its medium degree.|Fine and arresto mayor in its minimum and medium degrees.|Cadena temporal in its maximum degree to death.|

        | Fourth case,|Presidio correccional in its maximum degree to presidio mayor in its medium degrees.|Arresto mayor in its maximum degree to presidio correccional in its medium degree.|Fine and arresto mayor in its minimum and medium degree.|Fine.|Presidio mayor in its maximum degrees to cadena temporal in its medium degree.|

    • Section II  Rules for the Application of Penalties with Regard to the Mitigating and Aggravating Circumstances
      • Article 77

        Mitigating or aggravating circumstances shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the rules prescribed in this section.

      • Article 78

        Aggravating circumstances which in themselves constitute a crime

        specially punishable by law or which are included by the law in defining

        a crime and prescribing the penalty therefor shall not be taken into account

        for the purpose of increasing the penalty.

        • The same rule shall apply with respect to any aggravating circumstance

          inherent in the crime to such a degree that it must of necessity accompany

          the commission thereof.

      • Article 79

        Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

        • The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the act or their cooperation therein."

      • Article 80

        In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.

        • In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof:

          • 1

            When in the commission of the deed there is present only some aggravating circumstance, the greater penalty shall be applied.

          • 2

            When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.

          • 3

            When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied.

          • 4

            When both mitigating and aggravating circumstances attended the commission of the act, the courts shall allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of the compensation."

      • Article 81

        In cases in which the penalties prescribed by law contain three degrees, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a degree in accordance with the provisions of articles ninety-six and ninety-seven, the courts shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances:

      • 1

        When there are neither aggravating nor mitigating circumstances, they shall impose in its medium degree the penalty prescribed by law.

      • 2

        When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum degree.

      • 3

        When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum degree.

      • 4

        When both mitigating and aggravating circumstances are present, the court shall offset those of one class against the other according to their relative weight.

      • 5

        When there are two or more very marked mitigating circumstances and no aggravating circumstances, the court shall impose the penalty next lower to that prescribed by law, in the degree that it may deem applicable, according to the number and weight of such circumstances.

      • 6

        Whatever may be the number and weight of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum degree.

      • 7

        Within the limits of each degree, the courts shall determine the extent of the penalty according to the number and weight of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime."

      • Article 82

        In the cases in which the penalty prescribed by law is not composed of three grades, the courts shall apply the rules contained in the foregoing article, dividing into three equal periods the time included in the penalty prescribed, each of the three periods forming one degree.

      • Article 83

        In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the financial standing of the offender.

      • Article 84

        When all the conditions necessary to exempt from liability in the cases falling within paragraph eight of article eight are not present, the provisions of article five hundred and sixty-eight shall be observed.

      • Article 85

        In the case of a minor of less than fifteen and over nine years of age, who is found by the court to have acted with discernment, and, therefore, not being exempt from criminal liability, a discretional penalty shall be imposed, provided that the same shall always be less by two degrees, at least, than that prescribed by the law for the offense committed.

        • In the case of a minor over fifteen and less than eighteen years of age, the penalty next lower than that prescribed by law shall be applied in the proper degree."

      • Article 86

        A penalty lower by one or two degrees than that prescribed by

        law shall be imposed if the deed were not wholly excusable by reason of

        the lack of some of the conditions required for exemption from criminal

        liability in the several cases mentioned in article eight, provided that

        the majority thereof be present. The courts shall impose the penalty in

        the degree which may be deemed proper, in view of the number and weight

        of the conditions of exemption present or lacking.

        • This provision is understood to be without prejudice to that contained

          in article eighty-four.

    • Section III  Provisions Common to the Last Two Preceding Sections
      • Article 87

        When a person is found guilty of two or more felonies or misdemeanors, all the penalties corresponding to the several violations of law shall be imposed, the same to be simultaneously served, if possible, according to the nature and effects of such penalties.

      • Article 88

        When all or any of the penalties corresponding to the several violations of the law can not be simultaneously executed, the following rules shall be observed with regard thereto:

      • 1

        In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out.

        • 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:

          Death. Cadena perpetua. Cadena temporal. Reclusión perpetua. Reclusión temporal. Presidio mayor. Prisión mayor. Presidio correccional. Prisión correccional. Arresto mayor. Relegación perpetua. Relegación temporal. Extrañamiento perpetuo. Extrañamiento temporal. Confinamiento. Destierro.

      • 2

        Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the said maximum period.

        • Such maximum period shall in no case exceed forty years.

        • In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years."

      • Article 89

        The provisions of the next preceding article are not applicable

        to cases in which a single act constitutes two or more crimes, or when

        one offense is a necessary means for committing the other.

        • In these cases, only the penalty for the more serious crime shall be imposed,

          the same to be applied in its maximum degree.

      • Article 90

        Whenever the courts shall impose a penalty which, by provision

        of law, carries with it other penalties, according to the provisions of

        Section III of the next preceding chapter, they shall also expressly impose

        upon the convict the latter penalties.

      • Article 91

        In the cases in which the law prescribes a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in articles seventy-five and seventy-six shall be observed in graduating such penalty.

        • The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.

        • When a greater penalty than that of arresto mayor is to be applied, it shall be taken from the scale which includes the penalties for the graver crimes of the same nature as that punishable with arresto mayor.

        • The courts, in applying such lower or higher penalty, shall observe the following:

          GRADUATED SCALES

          • SCALE NO. 1
            • 1

              Death.

            • 2

              Cadena perpetua.

            • 3

              Cadena temporal.

            • 4

              Presidio mayor.

            • 5

              Presidio correccional.

            • 6

              Arresto.

          • SCALE NO. 2
            • 1

              Death.

            • 2

              Reclusión perpetua.

            • 3

              Reclusión temporal.

            • 4

              Prisión mayor.

            • 5

              Prisión correccional.

            • 6

              Arresto.

          • SCALE NO. 3
            • 1

              Relegación perpetua.

            • 2

              Relegación temporal.

            • 3

              Confinamiento.

            • 4

              Destierro.

            • 5

              Public censure.

            • 6

              Bond to keep the peace.

          • SCALE NO. 4
            • 1

              Extrañamiento perpetuo.

            • 2

              Extrañamiento temporal.

            • 3

              Confinamiento.

            • 4

              Destierro.

            • 5

              Public censure.

            • 6

              Bond to keep the peace.

          • SCALE NO. 5
            • 1

              Perpetual absolute disqualification.

            • 2

              Temporary absolute disqualification.

            • 3

              Suspension from public office, the right to vote and be voted for, and the right to follow profession or calling.

          • SCALE NO. 6
            • 1

              Perpetual special disqualification. For holding public office,

            • 2

              Temporary special disqualification. voting and being voted for, and for following profession or calling.

            • 3

              Suspension from public office, the right to vote and be voted for, and the right to follow profession or calling."

      • Article 92

        The fine shall be considered as the last penalty in all the preceding

        graduated scales.

        • When a fine is so imposed, the subsidiary liability established in Article

          50, corresponding thereto by reason of the insolvency of the offender,

          shall not exceed the duration of the term of the next higher penalty in

          the respective scale.

      • Article 93

        In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the term thereof, if their should be no higher penalty in the respective scale, or if it should be that of death, the following shall be considered as the next higher penalties:

        • 1

          If the given penalty be that of cadena perpetua or reclusión perpetua, or perpetual absolute or special disqualification, the same penalties; but the judgment shall provide that the convict shall not be given the benefit of the provisions of article twenty-eight of this code until forty years have elapsed.

        • 2

          If the given penalty be that of relegación perpetua, the penalty of reclusión perpetua.

        • 3

          If the given penalty be that of extrañamiento perpetuo, the next higher penalty shall be that of relegación perpetua."

      • Article 94

        Whenever it may be necessary to increase or reduce the penalty

        of fine by one or more degrees, it shall be increased or reduced, respectively,

        for each degree, by one-fourth of the maximum amount prescribed by law;

        and to reduce it the rule shall be applied inversely.

        • The same rules shall be observed with regard to fines that do not consist

          of a fixed amount, but are made proportional.

      • Article 95

        When women commit offenses punishable under this code with the penalties of cadena perpetua or cadena temporal, or with those of presidio mayor or presidio correccional, the penalties of reclusión perpetua or reclusión temporal, prisión mayor or prisión correccional, respectively, shall be imposed.

      • Article 96

        In the devisible penalties, the legal period of their duration shall be considered as divided into three parts, forming the three degrees, the minimum, medium, and maximum, in the manner shown in the following:

        Demonstrative table showing the duration of divisible penalties and the time included in each one of their degrees

        Penalties	Time included in the penalty in its entirety	Time included in its minimum period	Time included in its medium period	Time included in its maximum
        Cadena temporal, reclusión temporal, relegación temporal, extrañamiento temporal.	From 12 years and 1 day to 20 years.	From 12 years and 1 day to 14 years and 8 and months.	From 14 years 8 months and 1 day to 17 years and 4 months.	From 17 years 4 months and 1 day to 20 years.
        Presidio mayor and prisión mayor and confinamiento. Absolute disqualification and temporary special disqualification.	From 6 years and 1 day to 12 years.	From 6 years and 1 day to 8 years.	From 8 years and 1 day to 10 years.	From 10 years and 1 day to 12 years.
        Presidio and prisión correccional and destierro.	From 6 months and 1 day to 6 years.	From 6 months and 1 day to 2 years and 4 months.	From 2 years 4 months and 1 day to 4 years and 2 months.	From 4 years 2 months and 1 day to 6 years.
        Suspension.	From 1 month and 1 day to 6 years.	From 1 month and 1 day to 3 years.	From 2 years and 1 day to 4 years.	From 4 years and 1 day to 6 years.
        Arresto mayor.	From 1 month and 1 day to 6 months.	From 1 to 2 months.	From 2 months and 1 day to 4 months.	From 4 months and 1 day to 6 months.
        Arresto menor.	From 1 to 30 days.	From 1 to 10 days.	From 11 to 20 days.	From 21 to 30 days.

      • Article 97

        In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a degree; the lightest of them the minimum, the next the medium, and the most severe the maximum degree.

        Whenever the penalty prescribed does not have one of the forms specially provided for in this book, the degrees shall be distributed, applying by analogy the prescribed rules.

  • Chapter V  The Execution and Service of Penalties
    • Section I  General Provisions
      • Article 98

        No penalty shall be executed except by virtue of a final judgment.

      • Article 99

        A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.

        • In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and with other persons, the relief which they may receive, and their diet.

        • The regulations shall make provision for the separation of the sexes into different institutions, or at least into different departments."

      • Article 100

        When a convict shall become insane or an imbecile after final

        sentence has been pronounced, the execution of such sentence shall be

        suspended only with regard to the personal penalty, the provisions of

        the second and third subdivisions of paragraph one of article eight being

        observed in the corresponding cases.

        • If at any time the convict should recover his reason, his sentence shall

          be executed, unless the penalty shall have prescribed in accordance with

          the provisions of this code.

        • The respective provisions of this section shall also be observed if the

          insanity or imbecility occurs while the convict is serving his sentence.'

    • Section II  Principal Penalties
      • Article 101

        The penalty of death shall be executed by the garrote upon a scaffold.

        • The execution shall take place twenty-four hours after notification of

          the sentence, in the day-time, publicly, and in the place generally used

          for the purpose, or in such place as the court may determine, when there

          are special reasons therefor.

        • This penalty shall not be executed on religious or national holidays.'

      • Article 102

        Until a place is provided in the jail for the public execution of the death penalty, the person sentenced thereto, who shall be dressed in a black cassock, shall be conducted to the gallows in the carriage provided for that purpose, or, in the absence thereof, in a cart.

      • Article 103

        The corpse of the person executed shall remain exposed on the gallows for four hours, after which it shall be buried, being delivered to relatives or friends for this purpose, if they should request it. The interment shall be made without ostentation.

      • Article 104

        The death penalty shall not be inflicted upon a woman while she is pregnant, nor shall she be notified of a sentence imposed upon her until forty days have elapsed after her delivery.

      • Article 105

        The penalties of cadena perpetua and cadena temporal shall be served in any of the penal institutions of Cavite, Zamboanga, or the Mariana Islands.

      • Article 106

        All persons sentence to cadena temporal or cadena perpetua shall

        labor for the benefit of the Government; they shall always carry a chain

        at the ankle, hanging from the waist; they shall be employed in hard and

        burdensome labor, and shall not receive any assistance whatsoever from

        without the institution.

        • Nevertheless, whenever the court, taking into consideration the age, health,

          condition, or any other personal circumstances of the convict, shall believe

          that he should serve his penalty by performing labor within the institution,

          then the court shall so declare in the sentence.

      • Article 107

        Persons sentenced to cadena temporal or cadena perpetua shall not be used to perform labor for private individuals nor on public works carried on by private enterprise or under contract with the Government.

      • Article 108

        Any person sentence to cadena temporal or cadena perpetua, who

        shall have reached the age of sixty years before such sentence, shall

        serve his penalty in a house of presidio mayor.

        • If he should attain such age after sentence, he shall be transferred to

          the last mentioned penal institution, in which he shall remain during

          the time fixed by the sentence.

      • Article 109

        Reclusión perpetua and reclusión temporal shall be served in institutions situated within the territory of the Philippine Islands.

        • Persons sentenced to such penalties shall be subject to forced labor for the benefit of the Government within the confines of the institution."

      • Article 110

        The penalties of relegación perpetua and relegación temporal shall be served in the Peninsula or in the Philippine Islands in the places provided therefor by the Government.

        • Persons sentenced to such penalties may engage without restriction, under the surveillance of the authorities, in the exercise of their profession or calling within the limits of the penal institution."

      • Article 111

        Any person sentenced to extrañamiento shall be expelled from Spanish territory forever, if the sentence be perpetual, and for the term of the sentence, if temporary."

      • Article 112

        The penalties of presidio mayor and presidio correccional and of prisión mayor and prisión correccional shall be served in the institutions which have been heretofore or which may hereafter be institutions which have been heretofore or which may hereafter be provided for this purpose in the Philippine Islands.

        • Persons sentenced to presidio shall be subject to forced labor within the institution in which they serve their sentence.

        • Persons sentenced to prisión shall not be permitted to leave the institution in which they suffer such penalty during the period of their sentence, and they shall engage for their own benefit in such labor as they may choose, provided that such labor be compatible with the discipline required by the regulations. Nevertheless, they shall be subject to the labor required by the institution until they shall have met their liabilities mentioned in paragraphs one and two of article one hundred and thirteen; persons who have no calling or honest means of making a living shall also be subject to such labor."

      • Article 113

        The product of the labor of persons sentenced to presidio shall be used \u2014

      • 1

        To pay the civil liabilities of the prisoner arising from the commission of the crime.

      • 2

        To indemnify the institution for the expenses occasioned by the prisoner.

      • 3

        To give the prisoner, should he deserve it, some means of saving money during his confinement, and to create a fund to be delivered to him when he leaves the presidio, or to his heirs, should he die therein."

      • Article 114

        Persons sentenced to confinamiento shall be taken to a town or

        district situated at a distance of from thirty to three hundred kilometers

        from the place where the crime was committed, and there they shall remain

        at complete liberty under the surveillance of the authorities.

        • The courts, in designating the place where this penalty must be served,

          shall take into consideration the calling, profession, or means of the

          convict for earning a livelihood, in order that he may acquire his living.

        • Persons who, by reason of their age, health, and good conduct, shall be

          suitable for the military service, may, with their consent, be assigned

          thereto by the Government.

        • Any person sentenced to destierro shall not be permitted to enter the

          place or places designated in the sentence, nor within the radius therein

          designated, which shall be not more than two hundred and fifty and not

          less than twenty-five kilometers from the place designated.

      • Article 115

        A person sentenced to public censure shall receive the same in

        person in an open session of the court.

        • A person sentenced to private censure shall receive the same in person

          at a session of the court, and in the presence of the secretary, clerk,

          or attending witnesses, and behind closed doors.

      • Article 116

        Arresto mayor shall be suffered in the public jail in the capital

        of the district.

        • The provisions contained in the third paragraph of article one hundred

          and twelve are applicable, in their respective cases, to any person sentenced

          to this penalty.

      • Article 117

        Arresto menor shall be served in the municipal building or some other public building, or in the house of the defendant himself, when the sentence so provides. He shall not be permitted to leave the same during the entire period of the sentence.

    • Section III  Accessory Penalties
      • Article 118

        A person sentenced to degradation shall, at an open session of

        the court, be stripped by a bailiff or other officer of the court of his

        uniform, robes of office, insignia, and decorations.

        • The sentence shall be carried out at the order of the presiding judge,

          and shall be ordered in the following form: "Strip (the name of the offender)

          of his insignia and decorations which the law declares him unworthy to

          use; the law degrades him because he has degraded himself."

• Title IV  Civil Liability
  • Article 119

    The civil liability established in Chapter II, Title II, of this book comprises:

    • 1

      Restitution;

    • 2

      Reparation of the damage caused;

    • 3

      Indemnification for consequential damages.

  • Article 120

    The restitution of the thing itself must be made whenever possible,

    with allowance for any deterioration or diminution of value, as determined

    by the court.

    • The thing itself shall be restored, even though it be found in the possession

      of a third person who has acquired it by lawful means, saving to the latter

      his action against the proper person who may be liable to him.

    • This provision is not applicable in cases in which the thing has been acquired

      by the third person in the manner and under the circumstances which, by law,

      bar an action for its recovery.

  • Article 121

    The court shall determined the amount of damage, taking into consideration

    the price of the thing whenever possible, and its special value to the injured

    party, and reparation shall be made accordingly.

  • Article 122

    Indemnification for losses shall include not only those caused the

    injured party, but also those suffered by his family or by a third person

    by reason of the crime.

    • The courts shall determine the amount of this indemnification in the manner

      prescribed for the reparation of damages in the next preceding article.

  • Article 123

    The obligation to make restoration or reparation for damages and indemnification

    for losses or consequential damages devolves upon the heirs of the person

    liable.

    • The action to demand restoration, reparation, and indemnification likewise

      descends to the heirs of the person injured.

  • Article 124

    If there are two or more persons civilly liable for a felony or misdemeanor,

    the courts shall determine the amount for which each must respond.

  • Article 125

    Notwithstanding the provisions of the next preceding article, the

    principals, accomplices, and accessories, each within their respective class,

    shall be liable in solidum among themselves for their quotas, and subsidiarily

    for those of the other persons liable.

    • The subsidiary liability shall be enforced, first against the property of

      the principals; next, against that of the accomplices, and, lastly, against

      that of the accessories.

    • 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.

  • Article 126

    Any person who has participated gratuitously in the proceeds of a felony or misdemeanor shall be bound to make restitution in an amount equivalent to the extent of such participation.

• Title V  Penalties Incurred by Those Who Evade Service of Sentence and Those Who, While Serving Sentence, Commit Some Other Crime
  • Chapter I  Penalties Incurred by Those Who Evade Service of Sentence
    • Article 127

      Persons under sentence who shall evade service thereof shall suffer an increase of their punishment in accordance with the following rules:

      • 1

        Persons sentenced to cadena or reclusión shall complete their respective terms and be made to suffer, for a period not exceeding three years, the greatest deprivations authorized by the regulations, and shall be assigned to the most laborious tasks.

        • If the penalty shall be perpetual, such persons shall not enjoy the benefit of the provisions of article twenty-eight until they have served the increase of penalty imposed upon them.

        • If the penalty be not perpetual, and the increase of penalty can not be served within the term fixed in the original sentence, they shall continue subject thereto until the period of the increase has expired.

      • 2

        Persons sentenced to relegación or extrañamiento shall be condemned to prisión correccional for a term not exceeding three years, and in the case of those sentenced to relegación such imprisonment must be served at the place designated in the original sentence, or as near thereto as may be possible; and in the case of those sentenced to extrañamiento such imprisonment must be served at one of the penal institutions of the Kingdom.

        • After the expiration of the term of imprisonment, such persons shall continue to serve the original sentence.

      • 3

        Persons sentenced to presidio, prisión, or arresto shall suffer an increase of such penalty not to exceed one-sixth of the time still remaining to be served under the original sentence.

      • 4

        Persons sentenced to confinamiento shall be condemned to prisión correccional not to exceed two years; and after this penalty has been served they shall complete the service of the sentence of confinamiento.

      • 5

        Persons sentenced to destierro shall be condemned to arresto mayor, after serving which they shall complete the service of the sentence of destierro.

      • 6

        Persons disqualified from holding office, from exercising the right of suffrage, or from following a profession or calling, who shall disobey such sentence, shall be condemned to arresto mayor and to pay a fine of from two hundred and fifty to two thousand five hundred pesetas, if their act should not constitute a special crime.

      • 7

        Persons suspended from office, from exercising the right of suffrage, or from following a profession or calling, who shall disobey the sentence, shall suffer an increase of the same for a period equal to that of the original sentence and pay a fine of from one hundred and twenty-five to one thousand two hundred and fifty pesetas."

    • Article 128

      The increase of penalty prescribed in the next preceding article,

      with regard to those deprived of their liberty, shall not be applied to

      those who escape from penal institutions, or from the stations thereof,

      without violence, intimidation, or resistance, without the breaking of doors

      or windows, walls, roofs, or floors; without the use of picklocks or false

      keys; without ingress or egress by a way not intended for that purpose,

      and without the connivance of other convicts or employees in the institution.

      • The attempt to evade service of sentence without the attendance of one or

        more of these circumstances shall be punished with one-fourth of the penalties

        respectively prescribed in article one hundred and twenty-seven.'

  • Chapter II  Penalties Incurred by Those Who, After Having Been Convicted by Final Judgment, Which Has Not Been Served, or While Serving Such Sentence, Commit Another Offense
    • Article 129

      Any person who shall commit a felony or misdemeanor after having been convicted by a final judgment, before beginning to serve such sentence, or while serving same, shall be punished in accordance with the following rules:

      • 1

        The maximum degree of the penalty prescribed by the law for the new felony or misdemeanor shall be imposed.

      • 2

        The courts shall observe, in so far as applicable to this case, the provisions contained in article eighty-seven and rule one of article eighty-eight of this code.

      • 3

        Any convict of the class referred to in this article shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or whenever he shall complete it after reaching said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency."

• Title VI  Extinction of Criminal Liability
  • Article 130

    Criminal liability is extinguished:

    • 1

      By the death of the offender, as to the personal penalties; as to pecuniary penalties, liability therefor is extinguished by the death of the offender only when his demise occurs before final judgment.

    • 2

      By service of the sentence.

    • 3

      By amnesty, which completely extinguishes the penalty and all its effects.

    • 4

      By pardon.

      • The person pardoned, during the period which the sentence would have lasted but for the pardon, shall not live at the place of residence of the offended party, without the latter's consent; a violation of this provision shall work a revocation of the pardon.

      • 5

        By the pardon of the offended party, if the penalty be imposed for a crime for which the prosecution could not under the law be instituted by the Government.

      • 6

        By prescription of the crime.

      • 7

        By prescription of the penalty.

  • Article 131

    Felonies punishable by death or cadena perpetua shall prescribe in twenty years.

    • When the penalty fixed by law is any other afflictive penalty, in fifteen years.

    • When the penalty is correctional, in ten years.

    • The offenses of calumny and insults (injurias) are excepted; the former shall prescribe in one year and the latter in six months.

    • Misdemeanors prescribe in two months.

    • When the penalty fixed by law is compound the highest penalty shall be made the basis of the application of the rules contained in the first, second, and third paragraphs of this article.

    • The period of prescription shall commence to run on the day on which the crime is committed; or if not known at the time, from the day of its discovery and the beginning of the judicial proceedings for investigation and punishment.

    • This prescription shall be interrupted from the commencement of the proceedings against the offender, and the term of prescription shall commence to run again when such proceedings terminate without the accused being convicted, or the proceedings are suspended by reason of some cause other than the default of the defendant.

  • Article 132

    The penalties imposed by final sentence prescribe as follows:

    • Death and Cadena perpetua, in twenty years.

    • Other afflictive penalties, in fifteen years.

    • Correctional penalties, in ten years.

    • Light penalties, in one year.

    • The period of this prescription shall commence to run from the date of personal service on the defendant of notice of final judgment, or, if he has commenced to serve the sentence, from the day of his escape or other evasion of its terms.

    • The running of the period of prescription shall stop, and the benefit of the time already elapsed shall be lost \u2014n

    • If the defendant should give himself up or be captured;

    • If he should go to some foreign country with which Spain has no extradition treaty, or, in case such treaty exists, if the offense committed is not included therein; or,

    • If he commits another crime before the expiration of the period of prescription; provided, nevertheless, that in any of these cases the period of prescription may commence to run anew."

  • Article 133

    Civil liability arising from felonies or misdemeanors shall be extinguished in the same manner as other obligations, in accordance with the rules of civil law.

• Title I  Crimes Against the External Security of the State
  • Chapter I  Crimes of Treason
    • Article 134

      Any Spaniard who induces a foreign power to declare war against

      Spain, or shall make an agreement with such power to that end, shall be

      punished as follows: If war be declared, by cadena perpetua or death; otherwise,

      the penalty shall range from cadena temporal in its medium degree to cadena

      perpetua.'

    • Article 135

      The following shall suffer the penalty of cadena perpetua or death:

      • 1

        Any Spaniard who shall facilitate the enemy''s entrance into the Kingdom,

        the capture of a fortified place, military post, Government vessel, Government

        stores or munitions of war.

      • 2

        Any Spaniard who shall induce Spanish troops in the service of Spain

        to go over to the enemy''s lines or desert their flag while in the field.

      • 3

        Any Spaniard who shall recruit men in Spain to wage war upon his country

        under the flag of a hostile power.

      • Frustrated crimes of the character specified in the preceding paragraphs

        shall be punished as though consummated, and attempts shall be punished

        by the penalty next lower by one degree.'

    • Article 136

      The following shall suffer a penalty ranging from cadena temporal in its maximum degree to death:

      • 1

        Any Spaniard who shall take arms against his country under an enemy's flag.

      • 2

        Any Spaniard who shall recruit men in Spain for the service of a hostile power, in case such recruits are not to take an active part in the war against Spain.

      • 3

        Any Spaniard who shall furnish troops of a hostile power with money, arms, vessels, goods, provisions, or munitions of war, or other direct means for carrying on hostilities against Spain, or who shall favor the progress of the enemy's arms in a manner not specified in the preceding article.

      • 4

        Any Spaniard who shall furnish the enemy with plans of fortifications, topographical maps, documents, or information which shall directly lead to the same end of waging hostilities against Spain or favoring the progress of the enemy's arms.

      • 5

        Any Spaniard who, in time of war, shall prevent the national troops from receiving the assistance referred to in paragraph three, or the data or information referred to in paragraph four."

    • Article 137

      A conspiracy to commit any of the crimes mentioned in the three articles next preceding shall be punished by presidio mayor, and the proposition to commit such crimes shall be punished by presidio correccional.

    • Article 138

      Any foreigner residing in Spanish territory who shall commit any of the crimes specified in the preceding articles shall suffer the penalty next lower than that designated therein, subject to treaty provisions or to international law as to diplomatic officers.

    • Article 139

      Any person who shall commit any of the crimes specified in the preceding articles against a power allied to Spain, in the case of said power being in the field against the common enemy, shall suffer the penalties lower by one degree than those respectively designated.

    • Article 140

      The penalty of cadena perpetua or death shall be imposed upon ministers

      of the Crown who, in contravention of article seventy-four of the Constitution,

      shall authorize a decree:

      • 1

        Alienating, ceding, or exchanging any part of the Spanish territory.

      • 2

        Admitting foreign troops into the Kingdom.

      • 3

        Ratifying treaties of offensive alliance which may have brought about war between Spain and another power.

    • Article 141

      A penalty ranging from cadena temporal in its medium degree to cadena perpetua shall be imposed upon the persons mentioned in the next preceding article who, in contravention of article seventy-four of the Constitution, shall authorize a decree:

      • 1

        Ratifying treaties of offensive alliance which have not brought about war between Spain and another power;

      • 2

        Ratifying treaties containing a stipulation for the payment of tribute to a foreign power."

  • Chapter II  Crimes That Endanger the Peace or Independence of the State
    • Article 142

      Any ecclesiastical minister who, in the exercise of his office, shall publish or execute bulls, briefs, or dispatches from the Pontifical Court, or other provisions or declarations that threaten the peace or independence of the State or are opposed to the observance of its law, or encourage their nonobservance, shall suffer the penalty of extrañamiento temporal.

      • Any layman committing such acts shall suffer the penalty of prisión correccional in its minimum and medium degrees, and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas."

    • Article 143

      Any person who shall introduce, publish, or execute within the Kingdom any instruction, order, or document emanating from a foreign government inimical to the independence or security of the State shall suffer the penalties of prisión correccional in its minimum and medium degrees and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, unless such crime directly produces others of greater gravity, in which case he shall be punished as guilty of the latter."

    • Article 144

      If any of the crimes mentioned in the two articles next preceding

      be committed by any official of the State, taking advantage of his office

      or powers, he shall suffer, in addition to the penalties therein prescribed,

      that of perpetual absolute disqualification.

    • Article 145

      Any person who, by unlawful acts or acts not duly authorized, provokes or gives occasion for a declaration of war against Spain by another power, or exposes Spaniards to annoyance or reprisals on their persons or property, shall suffer the penalty of reclusión temporal, if he be a government official; otherwise, the penalty of prisión mayor.

      • If the war be not actually declared, or the reprisals or annoyances do not take place, the respective penalties shall be imposed in the next lower degree."

    • Article 146

      The penalty of reclusión temporal shall be imposed upon any person violating a truce or armistice agreed to between Spain and a hostile nation, or between their belligerent land or naval forces."

    • Article 147

      A public official who, taking advantage of his office, shall in any way not specifically mentioned in this chapter endanger the dignity or interests of the Spanish Nation shall suffer the penalties of prisión mayor and perpetual disqualification for the office held by him."

    • Article 148

      Any person who, without sufficient authority, shall raise troops within the Kingdom for the service of a foreign power, whatever may be the object contemplated or the nation against which hostilities are intended, shall suffer the penalties of prisión mayor and a fine of not less than twelve thousand five hundred and not more than one hundred and twenty-five thousand pesetas.

      • Any person who, without sufficient authority, shall use any vessel for purposes of privateering shall suffer the penalties of reclusión temporal and a fine of not less than six thousand two hundred and fifty and not more than sixty-two thousand five hundred pesetas."

    • Article 149

      Any person who, in time of war, shall have correspondence with the enemy's country or territory occupied by his troops shall suffer the following penalties:

      • 1

        Prisión mayor, if such correspondence be carried on in cipher or conventional signs;

      • 2

        Prisión correccional, when carried on in the usual manner, if prohibited by the Government.

      • 3

        Reclusión temporal, if notice or information be given thereby which might be useful to the enemy, whatever may be the form of the correspondence, and even though not subsequent to prohibition by the Government.

      • The same penalties shall be suffered by any person committing the crimes mentioned in this article, even though he should send the correspondence through friendly or neutral territory in order to evade the law.

      • If the offender intended to aid the enemy by giving such notices or information, the provisions of articles one hundred and thirty-five and one hundred and thirty-six shall be applied. aTEAHc"

    • Article 150

      Any Spaniard guilty of an attempt to enter an enemy's country, when prohibited by the Government, shall suffer the penalties of arresto mayor and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

  • Chapter III  Crimes Against International Law
    • Article 151

      Any person who kills a Monarch or head of another Government, resident in Spain, shall suffer a penalty ranging from reclusión temporal in its maximum degree to death.

      • Any person who inflicts serious physical injuries upon such persons shall suffer the penalty of reclusión temporal, or, if slight physical injuries be inflicted, that of prisión mayor.

      • The last named penalty shall be inflicted upon any person who makes any other assault upon such persons, when such other assault is not included in the foregoing paragraphs."

    • Article 152

      Anyone who violates the personal immunity or the domicile of a Monarch or head of another State, received in Spain in his official character, or that of a representative of another power, shall suffer the penalty of prisión correccional.

      • If there is no corresponding penalty prescribed by the laws of the country to which the offended person belongs for crimes embraced within this and the next preceding article, and the offended person is not invested with the official character mentioned in the last preceding paragraph, the offender shall suffer the penalty ordinarily corresponding to the crime in accordance with the provisions of this code."

  • Chapter IV  Crimes of Piracy
    • Article 153

      The crime of piracy committed against Spaniards, or the subjects

      of another nation not at war with Spain, shall be punished with a penalty

      ranging from cadena temporal to cadena perpetua.

      • If the crime be committed against nonbelligerent subjects of another nation

        at war with Spain, it shall be punished with the penalty of presidio mayor.'

    • Article 154

      Those who commit the crimes referred to in the first paragraph of the next preceding article shall suffer the penalty of cadena perpetua or death, and those who commit the crimes referred to in the second paragraph of the same article, from cadena temporal to cadena perpetua:

      • 1

        Whenever they have seized some vessel by boarding or firing upon the same.

      • 2

        Whenever the crime is accompanied by murder, homicide, or by any of the physical injuries specified in articles four hundred and fourteen and four hundred and fifteen and in paragraphs one and two of article four hundred and sixteen.

      • 3

        Whenever it is accompanied by any of the offenses against chastity specified in Chapter II, Title IX, of this book.

      • 4

        Whenever the pirates have abandoned any persons without means of saving themselves.

      • 5

        In every case, the captain or skipper of the pirates.

  • Chapter V  General Provisions
    • Article 155

      With respect to the provisions of this title, as well as all others of this code, when Spain is mentioned it shall be understood as including any part of the national territory.

    • Article 156

      For the purpose of applying the provisions of this code, every person, who, according to the Constitution of the Monarchy, has the status of a Spaniard shall be considered as such.

• Title II  Crimes Against the Fundamental Laws of the State
  • Chapter I  Crimes of Lèse-Majesté Against the Cortes, the Council of Ministers, and Against the Form of Government
    • Section I  Crimes of Lèse-Majesté
      • Article 157

        The penalty of reclusión perpetua or death shall be imposed upon any person who kills the King. "

      • Article 158

        If the crime referred to in the next preceding article be frustrated or attempted, it shall be punished with a penalty ranging from reclusión temporal in its maximum degree to death.

        • A conspiracy to commit such crime, with reclusión temporal, and a proposition to commit the same, with prisión mayor."

      • Article 159

        A penalty ranging from reclusión temporal to reclusión perpetua shall be imposed upon:

        • 1

          Any person who shall deprive the King of his personal liberty.

        • 2

          Any person who, by violence or serious intimidation, shall compel him to do something against his will.

        • 3

          Any person who shall inflict upon him serious physical injuries not comprised in the first paragraph of article one hundred and fifty-eight."

      • Article 160

        If the violence, intimidation, or physical injuries are not serious, the penalty of reclusión temporal shall be imposed upon the offender in cases coming under paragraphs two and three of the next preceding article."

      • Article 161

        The penalty of reclusión temporal shall also be imposed upon:

        • 1

          Any person who insults or threatens the King in his presence;

        • 2

          Any person who enters the King's dwelling by violence.

      • Article 162

        Any insult to the King or threat against him made publicly in writing, but not in his presence, shall be punished by prisión mayor and a fine of not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas.

        • The penalty for insults and threats in any other form shall range from prisión correccional in its medium degree to prisión mayor in its minimum degree, if such insults or threats be grave; otherwise, with arresto mayor in its medium degree to prisión correccional in its minimum degree."

      • Article 163

        Any person who kills the immediate successor to the Crown, or the Regent of the Kingdom, shall suffer a penalty ranging from reclusión temporal in its maximum degree to death.

        • The penalty for the frustrated crime or attempt to commit it shall be from reclusión temporal to death.

        • The penalty for a conspiracy to commit such crime shall be prisión mayor in its medium and maximum degrees.

        • And for the proposition to commit such crime, prisión correccional in its maximum degree to prisión mayor in its minimum degree."

      • Article 164

        The penalties for the crimes mentioned in the preceding articles of this section, with the exception of those comprised in the article next preceding, committed against the immediate successor to the Crown, the King's consort, or the Regent of the Kingdom, shall be those lower by one degree than those therein designated.

    • Section II  Crimes Against the Cortes and Its Members and Against the Council of Ministers
      • Article 165

        A penalty ranging from relegación temporal in its maximum degree to relegación perpetua shall be imposed upon members of the King's family, ministers, the authorities and other officers, whether civil or military, who, in case the throne should become vacant, or the King in any way incapacitated for the government of the State, shall fail to obey the Regent after the latter has taken the oath required by the Constitution, or the Council of Ministers while provisionally governing the Kingdom under the Constitution.

      • Article 166

        The penalty of confinamiento shall be imposed upon persons forming part of any armed force who shall collectively address petitions to either of the co-legislative bodies, even though such petitions be not presented in person.

        • The same penalty shall be imposed upon any member of any armed force who shall individually present such petitions upon matters concerning their organization otherwise than in accordance with the laws thereof.

        • The penalties prescribed in this article shall be respectively imposed in their maximum degree upon those who hold a command in the armed force."

      • Article 167

        The following shall also suffer the penalty of confinamiento:

        • 1

          Any person who insults or threatens a senator or deputy on account of the opinions expressed or the votes cast by him in the senate or chamber of deputies.

        • 2

          Any person who uses force, intimidation, or serious threats to prevent

          a senator or deputy residing in the Philippines from attending the co-legislative

          body of which he is a member, or who, by the same means, restricts the

          free expression of his opinions or the casting of the vote.

        • In the cases falling within the next two preceding paragraphs of this article, a challenge to a duel shall be deemed a serious threat.

      • Article 168

        If the insult, threat, force, or intimidation referred to in the next preceding article be not grave, the offender shall suffer the penalty of destierro and a fine ranging from three hundred and twenty-five to three thousand two hundred and fifty pesetas.

      • Article 169

        The penalties designated in the three preceding articles shall be imposed in their maximum degree, if the offenders are recidivists.

      • Article 170

        Any public officer who, when the Cortes are in session, shall

        arrest or prosecute a deputy or senator residing in the Philippines, if

        not taken in flagrante, without the permission of the co-legislative body

        of which the senator or deputy is a member, shall suffer the penalty of

        temporary special disqualification.

        • The same penalty shall be imposed upon any judge who, having rendered

          judgment against a senator or deputy in a case prosecuted without the

          permission referred to in the next preceding paragraph, shall enforce

          such judgment, unless its execution shall have been authorized by the

          co-legislative body of which the defendant is a member.

        • The same penalty of temporary special disqualification shall be imposed

          upon any executive or judicial officer who arrests a senator or deputy

          residing in the Philippines, taken in flagrante, without immediately reporting

          to the Cortes, if in session, or who fails to report to the Cortes as

          soon as they convene, the arrest of any member thereof which may have

          been ordered, or concerning any prosecution which may have been instituted

          against any such member while the Cortes were not in session.'

    • Section III  Crimes Against the Form of Government
      • Article 171

        Any person who shall perform any act directly tending to accomplish

        by force any of the ends hereinafter enumerated shall be guilty of a crime

        against the form of government established by the Constitution:

        • 1

          To substitute for the constitutional monarchical government an absolute

          monarchy or a republican government.

        • 2

          To deprive the King, the Regency, or the Cortes in whole or in part,

          of the prerogatives and powers vested in them by the Constitution.

        • 3

          To change the legitimate order of succession to the Crown, or to deprive

          the dynasty of the rights granted it by the Constitution.

        • 4

          To deprive the Council of Ministers of the right to govern the Kingdom

          provisionally until the Regent takes the oath in accordance with the Constitution.'

      • Article 172

        The following are also guilty of a crime against the form of government:

        • 1

          Person who in any public meetings or places of numerous assemblage

          shall give cheers or other outcries that shall provoke acclamations tending

          to the accomplishment of any of the purposes specified in the next preceding

          article.

        • 2

          Persons who in such meetings and places shall make speeches, or read

          or distribute printed matter, or carry emblems and banners, which tend

          to the accomplishment of any of the purposes mentioned in the next preceding

          article.

      • Article 173

        Public officers who execute any mandate or order issued by the

        King in the exercise of his authority, without being signed by the proper

        Minister, shall also be guilty of a crime against the form of government.

      • Article 174

        Persons who rise in arms, publicly and in open hostility, in order to perpetrate any of the crimes mentioned in article one hundred and seventy-one, shall suffer the following penalties:

        • 1

          Reclusión temporal in its maximum degree to death, as to those who have instigated, supported, or directed such uprising, or who appear to be the principal leaders.

        • 2

          Reclusión temporal to death, as to those exercising a subordinate command, if such persons be vested with civil or ecclesiastical authority, or if there has been a combat between the forces commanded by them and the public forces loyal to the Government, or if such forces have caused damages to property belonging to private individuals, to towns, or to the Government, or have cut telegraph or railway lines, committed serious acts of violence against persons, exacted contributions, or have diverted public funds from their lawful application.

          • In cases other than these the penalty of reclusión temporal shall be imposed upon the offender.

        • 3

          Prisión mayor in its medium degree to reclusión temporal in its minimum degree, as to mere participants in the rising, in cases falling within the first subdivision of the next preceding paragraph; and prisión mayor in its full extent in cases falling within the provisions of the second subdivision thereof."

      • Article 175

        Persons who, without rising in arms in open hostility to the Government, shall commit any of the crimes mentioned in said article one hundred and seventy-one shall suffer the penalty of prisión mayor.

      • Article 176

        Any person who commits any of the crimes included in article one hundred and seventy-two shall suffer the penalty of destierro.

      • Article 177

        Any public official found guilty of the crime made punishable by

        article one hundred and seventy-three shall suffer the penalty of temporary

        special disqualification.

    • Section IV  Provisions Common to the Three Preceding Sections
      • Article 178

        The provisions contained in the articles included in this chapter are understood without prejudice to the provisions of other articles of this code which fix a higher penalty for any one of the acts made punishable thereby.

  • Chapter II  Crimes Committed on the Occasion of the Exercise of Rights Guaranteed by the Fundamental Laws of the State
    • Section I  Crimes Committed by Private Individuals
      • Article 179

        The following are not peaceable assemblies:

        • 1

          Those held in violation of police rules of a general or permanent character of the place where the meeting is held.

        • 2

          Meetings where a certain number of people assemble with firearms, lances, sabers, machetes, bolos, campilanes, or any other similar weapons.

        • 3

          Meetings which are held for the purpose of committing any of the crimes punishable under this code; or meetings in the course of which any of the crimes punishable under Title III, Book II hereof, are committed."

      • Article 180

        The organizers and leaders of any meeting held without written notice thereof having been given to the authorities twenty-four hours in advance, stating the time, place, and purpose of the meeting, shall suffer the penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 181

        The organizers and leaders of any meeting included in any of the cases falling within article one hundred and seventy-nine shall suffer the penalty of prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 182

        In cases falling within the preceding articles, if the meeting

        shall not have actually taken place, the personal penalty shall be that

        next lower in degree.

      • Article 183

        In applying the provisions of the preceding articles, any person

        who by reason of the speeches made by him at any such meeting, or of any

        printed matter published by him or distributed at such meeting, or of

        any banners, emblems or other devices displayed by him therein appears

        to have been the instigator of such meeting, shall be deemed the leader

        thereof.

      • Article 184

        Persons merely present at the meetings mentioned in paragraph one

        and in the first case of paragraph three of article one hundred and seventy-nine

        shall suffer the penalty of arresto mayor.

      • Article 185

        The organizers, leaders, and other persons attending any meeting,

        if they fail to disperse after a second notice from the authorities or

        their agents to do so, shall respectively suffer the penalties next higher

        in degree.

      • Article 186

        Persons assembled at meetings carrying firearms, lances, sabers, machetes, bolos, campilanes, or any other similar weapons, shall suffer the penalty of prisión correccional in its minimum and medium degrees.

      • Article 187

        Persons who, while in attendance at a meeting and during its progress,

        commit any of the crimes made punishable in this code shall suffer the

        penalty corresponding to the crime committed, and may be arrested on the

        spot by the authorities or their agents, or, in the absence of the latter,

        by any other person present.

      • Article 188

        The following are illegal associations:

        • 1

          Those whose purpose or circumstances are contrary to public morals.

        • 2

          Those whose object is to commit any of the crimes punishable under this code.

      • Article 189

        The penalty of prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas shall be imposed upon the following persons:

        • 1

          The founders, directors, and presidents of associations organized in violation of either of the paragraphs of the next preceding article.

          • If the organization of the association should not have been effected, the personal penalty shall be that next lower in degree.

        • 2

          The founders, directors, and presidents of associations organized without having submitted to the local authorities, eight days prior to the first meeting thereof, their articles and by-laws and a statement of their purpose; or who fail to inform the authorities twenty-four hours before each meeting as to the place where the same will be held, even if the place first selected be subsequently changed to another.

        • 3

          The directors or presidents of associations who do not permit the authorities or their agents to come into or be present at their meetings.

        • 4

          The directors or presidents of associations who fail to adjourn a meeting upon the second notice of the authorities or their agents to do so."

      • Article 190

        The penalty of arresto mayor shall be imposed upon:

        • 1

          Individual members of the associations mentioned in article 188.

          • If the association should not have been organized, the penalties shall be public censure and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

        • 2

          Individual members who commit the crime mentioned in paragraph three of the next preceding article.

        • 3

          Individual members who do not withdraw from the meeting on the second notice given by the authorities or their agents that the meeting must be discontinued."

      • Article 191

        The founders, directors, presidents, and members of associations who again hold a meeting after it has been discontinued by the authorities or their agents, before the judicial authority has set aside the order of discontinuance, shall suffer the penalties next higher in degree than those respectively designated in the last two preceding articles.

      • Article 192

        Persons who establish and direct institutions of a religious character or of learning in violation of the laws in force on the subject shall suffer the penalty of arresto mayor and be fined not less than five hundred and not more than five thousand pesetas.

      • Article 193

        The following shall suffer the penalty of arresto mayor:

        • 1

          Authors, editors, and printers, as the case may be, of clandestine publications.

          • Publications which do not bear the printer's name upon the copies printed, or which bear a fictitious name, shall be deemed clandestine.

        • 2

          The editors or printers, as the case may be, of periodical publications not duly authorized."

    • Section II  Crimes Committed by Public Officials
      • Article 194

        Any public officer who, arrogating to himself judicial powers,

        shall impose any punishment equivalent to a personal penalty shall be

        punished as follows:

        • 1

          By the penalty of temporary absolute disqualification, if the punishment imposed by him be equivalent to an afflictive penalty.

        • 2

          By the penalty of suspension in its medium and maximum degrees, if it be equivalent to a correctional penalty.

        • 3

          By the penalty of suspension in its minimum and medium degrees, if it be equivalent to a light penalty.

      • Article 195

        If the penalty arbitrarily imposed should have been executed,

        the guilty official, in addition to the penalties prescribed by the next

        preceding article, shall suffer the same penalty imposed by him, and in

        the same degree.

        • If the penalty should not have been executed by reason of some cause independent

          of his will, he shall suffer the penalty next lower in degree.'

      • Article 196

        If the penalty arbitrarily imposed be pecuniary, the guilty official

        shall be punished:

        • 1

          By temporary absolute disqualification and a fine in an amount not

          less than the penalty imposed by him and not more than three times such

          amount, if the penalty imposed by him has been exacted.

        • 2

          By suspension in its medium and maximum degrees and a fine of not less

          than one-half the penalty imposed by him and not more than the amount

          of such penalty, if by reason of some cause independent of his will the

          penalty has not been exacted.

        • 3

          By suspension in its minimum and medium degrees, if by reason of the

          voluntary revocation of the order by the offender himself the penalty

          has not been exacted.

      • Article 197

        The authorities and officers, civil and military, who, when issuing proclamations or making other exceptional order in the exercise of the authority conferred upon them, establish a penalty other than that prescribed by law for any class of crimes and those who enforce such penalties shall respectively suffer the penalties prescribed in the three next preceding articles.

      • Article 198

        Any judicial officer who improperly transfers a criminal cause

        to some other officer or authority, whether military or executive, unlawfully

        demanding such transfer, shall suffer the penalty of suspension in its

        medium and maximum degrees.

        • The military or executive officer or authority who insists upon demanding

          the unlawful transfer of a cause, and compels the judicial officer to

          make such transfer after the latter has informed him of the illegality

          of the demand shall suffer the penalty next higher in degree.

      • Article 199

        If the custody of the defendant has also been demanded, and such demand complied with, the penalties in the respective cases shall be those next higher in degree than those designated in the next preceding article.

      • Article 200

        Any public officer who arrests a person without authority of law or by virtue of some regulation of a general character in force in the Philippines, except it be for the commission of a crime, shall be punished by a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if the detention shall not have exceeded three days and fifty pesetas, if the detention shall not have exceeded three days; by suspension in its medium and minimum degrees, if the detention has continued more than three but less than fifteen days; by suspension in its maximum degree to temporary absolute disqualification in its medium degree, if the detention has continued for more than fifteen days but less than one month; by prisión correccional in its maximum degree to prisión mayor in its minimum degree, if the detention has continued for more than one month but less than one year; and by prisión mayor in its medium degree to reclusión temporal to its full extent, if the detention shall have exceeded one year.

      • Article 201

        Any public officer who delays performance of a judicial order directing that any prisoner or person in arrest under the control of such officer be released shall suffer the penalties next higher in degree than those designated in the next preceding article in proportion to the duration of the delay.

      • Article 202

        Any public officer, other than a judicial officer, or one not acting under the authority mentioned in article two hundred, who shall arrest a person upon a charge of crime and shall fail to deliver such person to the judicial authorities within twenty-four hours after his arrest, if such arrest be made at the capital of the district, or as soon as possible, according to the distance and means of communication, shall suffer the penalties next higher in degree than those designated in said article two hundred.

      • Article 203

        The same penalties shall be imposed upon:

        • 1

          The warden of a prison or any other public officer who receives a detention prisoner and allows twenty-four hours to elapse without reporting the fact to the judicial authorities.

        • 2

          The warden of a prison or any other public officer who receives a person as a prisoner, except it be by virtue of a judicial writ.

        • 3

          The warden of a prison or any other public officer who shall conceal a prisoner from the judicial authorities.

        • 4

          The warden of a prison or the head of a penal establishment who, without the authority of a judicial officer, shall hold incomunicado a prisoner undergoing sentence, or shall confine such a prisoner in any other place than that provided for such prisoners.

        • 5

          The warden of a prison or the head of a penal establishment who imposes upon prisoners or convicts unlawful deprivations or treats them with unnecessary rigor.

        • 6

          The warden of a prison or the head of a penal institution who shall refuse to issue to any detention or other prisoner or his representative a certificate of the fact of such detention or imprisonment, or who shall fail to forward any petition for the liberation of such person.

        • 7

          The head of any penal institution who confines a person in the institution after having been officially informed that such person has been pardoned, or after he has served his sentence.

        • The provisions of paragraphs one, two, and four shall not be applicable when the warden of a prison or the head of a penal institution or a public officer shall act by virtue of an order issued by any civil or military authority in the exercise of lawful powers."

      • Article 204

        The penalty of suspension in its minimum and medium degrees shall be imposed upon the following persons:

        • 1

          Any judicial officer who, within the period prescribed by the provisions of the law of criminal procedure in force, shall fail to release any prisoner under arrest or to commit such prisoner formally by written order containing a statement of the grounds upon which the same is based.

        • 2

          Any judicial officer who shall fail to ratify the order of commitment, or vacate the same, within the period referred to in the next preceding paragraph.

        • 3

          Any judicial officer who, in any case not falling within the terms of the two next preceding paragraphs, shall hold in confinement any person entitled to his liberty.

        • 4

          Any judicial officer who shall improperly order that a prisoner he held incomunicado or shall unduly prolong such confinement.

        • 5

          Any secretary, clerk, or attending witness of any court who, within the period referred to in paragraph one of this article, shall fail to notify any person under arrest of any order directing his commitment or discharge.

        • 6

          Any secretary, clerk, or attending witness of any court who shall unduly delay the notification of an order releasing a prisoner from close confinement (incomnicación) or directing his discharge.

        • 7

          Any secretary, clerk, or attending witness of any court who shall fail to report to such court any petition presented by a person under arrest or any prisoner, or by the representative of such person, concerning his release.

        • A penalty ranging from suspension in its maximum degree to temporary absolute disqualification in its medium degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas shall be imposed upon the offender, if the delay referred to in the foregoing paragraphs shall have continued for more than one month but less than three months; and if the delay shall have exceeded three months, the penalty shall be temporary absolute disqualification in its maximum degree to perpetual absolute disqualification and a fine of not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas."

      • Article 205

        The penalties of suspension in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas shall be imposed upon the following persons:

        • 1

          Any public officer, other than a judicial officer, who, in the absence of the authority referred to in article two hundred shall enter the dwelling of a Spaniard or of a foreigner without his consent.

        • 2

          Any public officer, other than a judicial officer, who, without authority of law or of some general regulation in force in the Philippine Islands, shall search the papers and effects in the dwelling of a Spaniard or of a foreigner, unless the owner shall have given his consent thereto.

        • If the papers and goods searched are not restored to their owner immediately thereafter, the penalty shall be that next higher in degree.

        • If the offense penalized in paragraphs one and two of this article be committed in the nighttime, the penalty shall be suspension in its medium and maximum degrees and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas: Provided, however, That in cases falling within the second subdivision of paragraph two the penalty shall be that next higher in degree than the penalties designated in said paragraphs one and two."

      • Article 206

        Any public officer who, on the occasion of searching the papers

        or goods of any person, shall subject such person to any other unlawful

        annoyance, or cause unnecessary damage to his property, shall also suffer

        the penalties of suspension in its minimum and medium degrees and a fine

        of not less than three hundred and twenty-five and not more than three

        thousand two hundred and fifty pesetas.

        • If the officer carries away and converts such property to his own use,

          he shall be punished as guilty of the crime of robbery committed by personal

          violence.

      • Article 207

        Any officer who shall search the papers of a Spaniard or of a foreigner in the owner's dwelling, unless it be in the presence of such owner or of some member of his family, or, failing such, in the presence of two witnesses residing in the same locality, shall suffer the penalties of suspension in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 208

        Any public officer not invested with judicial authority who shall seize private correspondence deposited in the post office, in the absence of authority conferred by law by some provision of a general character, shall suffer a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 209

        Any public officer not invested with judicial authority who shall

        open private correspondence deposited in the post office shall suffer

        the penalty of suspension in its medium and maximum degrees and a fine

        of not less than six hundred and twenty-five and not more than six thousand

        two hundred and fifty pesetas.

        • Any public officer who shall open telegraphic correspondence placed in

          his possession for delivery to the addressee shall suffer the same penalty.'

      • Article 210

        Any public officer who shall abstract any mail matter shall suffer the penalty of temporary absolute disqualification in its minimum and medium degrees and a fine of not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas.

      • Article 211

        Any public officer not thereunto authorized by law or by regulations

        of a general character in force in the Philippines who shall banish any

        person to a place more than two hundred kilometers distant from his domicile,

        except it be by virtue of the judgment of a court, shall be punished by

        a fine of not less than three hundred and twenty-five and not more than

        three thousand two hundred and fifty pesetas.

        • Any public officer not thereunto expressly authorized by law or by regulation

          of a general character in force in the Philippines who shall compel any

          person to change his domicile or residence shall suffer the penalty of

          destierro and a fine of not less than six hundred and twenty-five and

          not more than six thousand two hundred and fifty pesetas.'

      • Article 212

        Any public officer who, not being thereunto authorized by law or by regulations of a general character in force in the Philippines, shall expel any person from the Islands, except it be by virtue of a final judgment of deportation or extrañamiento, shall suffer the penalty of confinamiento and a fine of not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas.

      • Article 213

        Any person in authority who shall order the payment of any general provincial or municipal tax not lawfully approved shall suffer the penalty of suspension in its maximum degree to temporary absolute disqualification in its minimum degree and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

      • Article 214

        Any public officer who shall demand payment of the unauthorized

        taxes mentioned in the next preceding article shall suffer the penalty

        of suspension in its medium and maximum degrees to temporary absolute

        disqualification in its medium degree and a fine of not less than six

        hundred and twenty-five and not more than six thousand two hundred and

        fifty pesetas.

        • If the demand shall have been enforced, the fine shall be increased by

          a sum equivalent to not less than the amount of the tax collected nor

          more than three times such amount.

        • If the tax shall have been collected by distraint or any other coercive

          measure, the penalty shall be temporary absolute disqualification and

          the fine last above mentioned.

      • Article 215

        If through the fault of the person collecting such tax the same shall not have been paid into the proper treasury; he shall be punished as guilty of estafa and shall suffer the maximum degree of the corresponding penalty.

      • Article 216

        Persons in authority who aid or cooperate with the officers mentioned in the two next preceding articles shall suffer the penalties of temporary absolute disqualification and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas. In case such persons convert to their own use the amounts so collected, they shall be punished as guilty of the crime mentioned in the next preceding article.

      • Article 217

        Any public officer who shall expropriate the property of any person,

        unless it be for some public purpose and by virtue of the order of some

        competent authority and after payment of the proper compensation therefor,

        shall suffer the penalties of suspension in its medium and maximum degrees

        and a fine of not less than six hundred and twenty-five and not more than

        six thousand two hundred and fifty pesetas.

        • The same penalty shall be suffered by any public officer who disturbs

          any person in the possession of his property, except by virtue of a judicial

          order or upon the instruction of a competent authority, in accordance

          with the express provisions of the law.

      • Article 218

        The penalties of suspension in its minimum and medium degrees

        and a fine of not less than three hundred and twenty-five and not more

        than three thousand two hundred and fifty pesetas shall be imposed upon

        the following persons:

        • 1

          Any public officer who, not being duly authorized, shall prohibit or

          impede any person who is neither under arrest nor a prisoner from attending

          any meeting of the classes permitted by the laws and regulations.

        • 2

          Any public officer who, under similar circumstances, shall impede or

          prevent any person from joining any association other than those falling

          within the provisions of this code.

        • 3

          Any public officer who, under similar circumstances, shall prohibit

          or impede any person from addressing, either alone or together with others,

          any petition to the Cortes, the King, or the authorities, unless the same

          be prohibited by law.

    • Section III  Crimes Against Religion and Worship
      • Article 219

        The penalty of prisión correccional and a fine of not less than sixty-five and not more than six hundred and fifty pesetas shall be imposed upon any person or persons who by violence, overt acts, threats, or tumult shall impede, interrupt, or disturb the functions, acts, ceremonies or manifestations of the State religion, if the crime shall have been committed in any church, chapel, or places devoted to worship; if the offense be committed in any other place or places, a penalty ranging from arresto mayor to prisión correccional in its minimum degree and a fine of not less than fifty and not more than five hundred pesetas shall be imposed.

      • Article 220

        Any person who, with intent to insult the Catholic religion, shall trample upon, cast upon the ground, or in any other manner profane the sacred forms of the eucharist shall suffer the penalty of prisión mayor.

      • Article 221

        Any person who, in contempt of the State religion, shall trample upon, destroy, break, or profane the sacred objects devoted to divine worship, whether the offense be committed in a church or elsewhere, shall suffer the penalty of prisión correccional.

      • Article 222

        A penalty ranging from arresto mayor to prisión correccional in its minimum degree shall be imposed upon any person who, with deliberate intent to bring the Catholic religion into contempt, shall publicly scoff at its dogmas, rites or ceremonies, if the offense shall have been committed in a church or during divine services; if the offense be committed at any other time or place, the penalty of arresto mayor shall be imposed.

      • Article 223

        The penalty of prisión correccional in its medium and maximum degrees and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas shall be imposed upon any person who, by means of threats, violence, or other equivalent compulsion, shall force some other person to perform an act of worship or prevent him from performing such act.

      • Article 224

        The penalty of arresto mayor shall be imposed upon any person who, by any of the means enumerated in article two hundred and nineteen, shall impede or disturb the performance of the ceremonies of Catholic worship within the confines of any cemetery.

      • Article 225

        The penalty of arresto mayor in its minimum degree shall be imposed upon any person who, by any of the means enumerated in article two hundred and nineteen, shall disturb the performance of ceremonies conducted by persons who do not profess the Catholic faith, in cemeteries or other places where such ceremonies are now or may hereafter be lawfully authorized.

      • Article 226

        Any person who publicly propagates, preaches, or performs the ceremonies of any religion other than the State religion shall suffer the penalty of prisión correccional in its minimum degree.

        • The provisions of articles two hundred and nineteen, two hundred and twenty-two, two hundred and twenty-four, and two hundred and twenty-five, and those contained in the first paragraph of this article shall be subject to any general provisions relating to the exercise of the police power."

      • Article 227

        The provisions of this section shall be understood to be without prejudice to any rules respecting foreigners resident in the Philippine Islands, established by proclamations or regulations in force, or by virtue of customs lawfully sanctioned by the Governor-General of said Islands.

    • Section IV  Provisions Common to the Last Three Preceding Sections
      • Article 228

        The provisions of this Chapter shall be understood to be without prejudice to any others contained in this code by which a greater penalty is prescribed for any of the acts falling within the three preceding sections.

• Title III  Crimes Against Public Order
  • Chapter I  Rebellion
    • Article 229

      The crime of rebellion is committed by any person or persons who shall rise publicly and in open hostility to the Government for any of the following purposes:

      • 1

        To proclaim the independence of any part of the territory known as the Philippine Islands.

      • 2

        To dethrone the King, depose the Regent, or overthrow the Regency of the Kingdom, or deprive the King or Regent of his personal liberty or compel him to do something against his will.

      • 3

        To commit any of the crimes falling within article one hundred and sixty-five.

      • 4

        To cause the Kingdom, or any part of it, or any body of land, naval, or other class of armed forces, to withhold obedience to the Supreme Government.

      • 5

        To use and exercise the constitutional powers of the Ministers of the Crown, or to deprive such Ministers thereof, or hinder or coerce them in the free exercise of the same."

    • Article 230

      Any person or persons who, by inciting and encouraging the rebels, shall have brought about or shall sustain a rebellion falling within the provisions of paragraph one of the next preceding article, and the principal leaders of such rebellion shall suffer the penalty of cadena perpetua or death; in other cases a penalty ranging from reclusión temporal in its maximum degree to death shall be imposed.

    • Article 231

      Any person vested with civil or ecclesiastical authority who shall hold a subordinate command in a rebellion falling within the provisions of paragraph one of article two hundred and twenty-nine shall suffer the penalty of cadena perpetua or death.

      • Any person who shall hold a subordinate command in any rebellion the purpose of which is the commission of any crime falling within any of the other paragraphs of article two hundred and twenty-nine shall suffer a penalty ranging from reclusión temporal in its maximum degree, to death; otherwise, the penalty shall be reclusión temporal."

    • Article 232

      Any person merely participating in such a rebellion shall suffer the penalty of reclusión temporal to its full extent in cases falling in the first subdivision of paragraph two of article one hundred and seventy-four; in other cases the penalty of prisión mayor in its medium degree to reclusión temporal in its minimum degree shall be imposed.

    • Article 233

      When the rebellion shall not have reached the stage of an organization under known leaders, any persons who in fact directed the others or spoke for them or signed receipts or other documents issued in their name, or performed similar acts, on behalf of the others, shall be deemed the leaders of such rebellion.

    • Article 234

      The following shall be considered rebels and shall suffer the penalty of prisión mayor:

      • 1

        Any person or persons who, without rising against the Government, shall commit by craft or any other means the crimes falling within article two hundred and twenty-nine.

      • 2

        Any person or persons who shall incite troops or any other armed land or naval forces to commit the crime of rebellion.

      • If the rebellion should take place, such person or persons shall be deemed the instigators thereof, and they shall suffer the penalty prescribed by article two hundred and thirty."

    • Article 235

      A conspiracy to commit the crime of rebellion shall be punished by prisión correccional in its medium and maximum degrees.

      • A proposition to commit the crime shall be punished by prisión correccional in its minimum and medium degrees."

  • Chapter II  Sedition
    • Article 236

      The crime of sedition is committed by persons who, by public and tumultuous rising or other illegal means, seek to accomplish any of the following purposes:

      • 1

        To prevent the promulgation or execution of the laws or the orderly holding of popular elections in any province or electoral district.

      • 2

        To prevent any person in authority, public corporation, or public officer, from exercising his powers or executing his orders, whether executive or judicial.

      • 3

        To perpetrate any act of hatred or revenge upon any person in authority, or the agent of such person, or upon the property of such person or agent.

      • 4

        To perpetrate, with a political or social object, any act of hatred or revenge upon private persons or any class of persons.

      • 5

        To lay waste or destroy with a political or social purpose the property of the State or a municipality, province, or any class of persons, or to despoil them or either of them of such property."

    • Article 237

      Any person or persons who, by inciting and encouraging seditious persons, shall have brought about and supported the sedition, and the principal leaders thereof shall suffer the penalty of reclusión temporal, if falling within the provisions of the first subdivision of paragraph two of article one hundred and seventy-four; in other cases the penalty of prisión mayor shall be imposed.

    • Article 238

      Persons merely participating in a sedition shall suffer the penalty of prisión correccional in its medium and maximum degrees in cases falling within the first subdivision of paragraph two of article one hundred and seventy-four; in other cases the penalty of prisión correccional in its minimum and medium degrees shall be imposed.

    • Article 239

      The provisions of article two hundred and thirty-three shall be applied if the sedition has not reached the stage of an organization under known leaders.

    • Article 240

      The penalty for conspiracy to commit the crime of sedition shall range from arresto mayor to prisión correccional in its minimum degree.

    • Article 241

      Any person inciting troops or other armed land or naval forces to commit the crime of sedition shall suffer the penalty of prisión correccional in its medium and maximum degrees.

      • If the act of sedition be committed, such persons shall be deemed the instigators thereof and shall suffer the penalty prescribed therefor in article two hundred and thirty-seven."

    • Article 242

      In case the sedition shall not have reached the point of seriously embarrassing the exercise of public authority, and shall not have given occasion to the perpetration of some other grave crime, the courts shall reduce the penalties designated in the articles of this chapter from one to two degrees.

  • Chapter III  Provisions Common to the Two Next Preceding Chapters
    • Article 243

      The penalties prescribed in the two next preceding chapters for rebellious and seditious persons shall be reduced by the courts from one to two degrees if such rebels and seditious persons shall disperse or submit to the lawful authorities immediately upon being commanded so to do: Provided, That this rule shall not apply to government employees.

    • Article 244

      All other crimes committed in the course of a rebellion or a seditious movement, or on occasion thereof, shall be punished in accordance with the rules of this code.

      • If the perpetrators of such crimes can not be discovered, the principal leaders of the rebellion or sedition shall be punished therefor as principals."

    • Article 245

      Persons vested with authority by direct appointment of the Government

      who have failed to resist a rebellion or a seditious movement by all the

      means in their power shall suffer a penalty ranging from temporary absolute

      disqualification to perpetual absolute disqualification.

      • Persons vested with authority, but not directly appointed by the Government,

        shall suffer a penalty ranging from suspension in its maximum degree to

        temporary absolute disqualification in its medium degree.'

    • Article 246

      Government employees who continue to discharge the duties of their offices under the control of the rebels or seditious persons, or who abandon their offices when there is danger of rebellion or sedition, before their resignations have been accepted, shall suffer the penalty of temporary special disqualification.

    • Article 247

      Any person who shall accept appointment to office under the rebels or seditious persons shall suffer the penalty of temporary absolute disqualification for public office in its minimum degree.

    • Article 248

      The penalties of prisión mayor and prisión correccional imposed for crimes falling within Chapters I and II shall be served in institutions situated within or without the Philippine Islands.

  • Chapter IV  Assaults Upon Persons in Authority and Their Agents, Resistance and Disobedience Thereto
    • Article 249

      The offense of assault (atentado) is committed by:

      • 1

        Persons who, without a public uprising, shall employ force or intimidation

        for the attainment of any of the purposes enumerated in defining the crimes

        of rebellion and sedition.

      • 2

        Any person who shall attack, employ force against, or seriously resist

        or intimidate, any person in authority, or the agents of such person, while

        engaged in the performance of official duties, or by reason of such performance.'

    • Article 250

      The penalty for assaults falling within the next preceding article shall be prisión correccional in its medium degree to prisión mayor in its minimum degree and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, when the offense is committed under any of the following circumstances:

      • 1

        When the person committing the assault displays a weapon.

      • 2

        When the person committing the assault is a government employee.

      • 3

        When the offenders lay hands upon any person in authority.

      • 4

        When, in consequence of coercion, the person in authority has acceded to the demands of the offenders.

      • If no one of these circumstances be present, the penalty shall be prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas."

    • Article 251

      Offenders who shall have made use of force or intimidation, as referred to in paragraph one of article two hundred and forty-nine, for the purposes therein mentioned, shall suffer the maximum degree of the penalty prescribed by the last paragraph of the next preceding article, if they shall have laid hands upon any person or persons who shall have come to the aid of the authorities or upon their agents, or upon any public officer.

    • Article 252

      Any person who, not falling within the provisions of article two hundred and forty-nine, shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties, shall suffer the penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

  • Chapter V  Contempts, Insults, Injurias, and Threats Against Persons in Authority, and Insults, Injurias, and Threats Against Their Agents and Other Public Officers
    • Article 253

      The offense of contempt is committed by:

      • 1

        Anyone who, while a Minister of the Crown or any person in authority is engaged in the performance of official duties, or by reason of such performance, shall by word or deed defame (calumniar), abuse (injuriar), insult, or threaten such minister or person in his presence or in any writing addressed to him.

      • 2

        Any public officer who, while his superior in rank is engaged in the performance of official duties, shall defame (calumniar), abuse (injuriar), insult, or threaten him in his presence or in any writing addressed to him.

      • The mere fact of the publication in a newspaper or other periodical of the writing mentioned in the two next preceding paragraphs shall not constitute the crime of contempt."

    • Article 254

      When the defamation (calumnia), insult, abuse (injuria), or threat mentioned in the next preceding article is serious (grave), the offender shall suffer the penalty of prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

      • If such defamation (calumnia), abuse (injuria), insult, or threat be not serious (menos graves), a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas shall be imposed."

    • Article 255

      A challenge to fight a duel, even though couched in ambiguous terms, shall be deemed a serious threat for the purposes of the next preceding article.

    • Article 256

      Any person who, by word, deed, or writing, shall defame, abuse, or insult any Minister of the Crown or other person in authority, while engaged in the performance of official duties, or by reason of such performance, provided that the offensive conduct does not take place in the presence of such minister or person, or the offensive writing be not addressed to him, shall suffer the penalty of arresto mayor.

    • Article 257

      Any person who shall curse, abuse, insult, or threaten any public officer, or agent of a person in authority, by word or deed uttered or done in the presence of such person, or in any writing addressed to him, shall also suffer the penalty of arresto mayor.

  • Chapter VI  Public Disorders
    • Article 258

      Any person who shall cause a tumult or other serious disturbance at any place where a court is in session, or any person in authority or any public corporation is holding an election or performing any other public official act in any public office or institution, or on the occasion of any public performance or display, or other numerous assemblage of people, shall suffer, a penalty ranging from arresto mayor in its medium degree to prisión correccional in its minimum degree and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 259

      Any person or persons who shall have caused any serious disturbance of public order for the purpose of harming another shall suffer the penalty of arresto mayor.

    • Article 260

      Any person or persons who, in any meeting or public place, shall make any outcry tending to incite rebellion or sedition, or shall on such occasion or in such place display mottoes or flags which directly tend to cause a disturbance of public order, shall suffer a penalty ranging from arresto mayor to prisión correccional in its minimum degree, unless under the provisions of this code some higher penalty may be applicable.

    • Article 261

      Any person or persons who shall release anyone confined in a prison or penal institution, or aid in the escape of such prisoners, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree, if the offense shall have been committed by means of violence, intimidation, or bribery; if other means shall have been employed, the penalty shall be arresto mayor.

      • If the escape of the prisoner shall have taken place outside of such institutions by surprising the guards having custody of such prisoners, the same penalty shall be imposed in the minimum degree."

    • Article 262

      Any person or persons who shall damage any railway or telegraph lines, or shall intercept messages or mail matter, shall suffer the penalty of prisión correccional in its medium and minimum degrees.

    • Article 263

      Any person or persons who shall destroy or damage any painting, statue, or any other useful or ornamental public monument, shall suffer a penalty ranging from arresto mayor in its medium degree to prisión correccional in its minimum degree.

  • Chapter VII  Provisions Common to the Three Preceding Chapters
    • Article 264

      In applying the articles contained in the three next preceding chapters,

      any person directly vested with jurisdiction, whether individual or as a

      member of some court or public corporation, shall be deemed a person in

      authority.

      • Officers of the department of public prosecution shall also be deemed persons

        in authority.

    • Article 265

      If any of the crimes mentioned in the three next preceding chapters be committed by any person vested with authority, civil or religious, he shall suffer the maximum degree of the corresponding penalty and also the penalty of temporary absolute disqualification.

• Title IV  Forgery and Counterfeiting
  • Chapter I  The Forgery of the Royal Signature or Stamp, the Signature of Ministers, Seals and Marks
    • Section I  The Forgery of the Royal Signature or Stamp and the Signature of a Minister
      • Article 266

        Any person who shall forge the signature or stamp of the King,

        or of the Regent of the Kingdom, or the signature of a Minister of the

        Crown, shall suffer the penalty of cadena temporal.

      • Article 267

        Any person who shall forge the signature or stamp of the head of

        a foreign power, or the signature of any of his ministers, shall suffer

        the penalty of presidio mayor, if the offender shall have made use of

        the forged signature or stamp in Spain; if he shall have made use of them

        outside of Spain, he shall suffer the penalty of presidio correccional

        in its medium and maximum degrees.

      • Article 268

        ny person knowingly making use of a forged signature or stamp

        of any of the classes embraced in the two next preceding articles shall

        suffer the penalty next lower in degree than that designated therein for

        the forgeries.

    • Section II  Counterfeiting of Seals and Marks
      • Article 269

        Any person who shall counterfeit the seal of the State shall suffer

        the penalty of cadena temporal.

        • Any person who shall knowingly make use of a counterfeit of the seal of

          the State shall suffer the penalty next lower by one degree than that

          designated in the next preceding paragraph.

      • Article 270

        Any person who shall falsify the seal of State of any foreign power and make use thereof in Spain shall suffer the penalty of presidio mayor; if he shall have made use of such counterfeit seal elsewhere than in the Kingdom, he shall suffer the penalty of presidio correccional in its medium and maximum degrees.

      • Article 271

        Any person who, having knowledge of the falsification of any seal mentioned in the two next preceding articles, but without having taken part in the counterfeit thereof, shall make use of them, shall suffer the penalty next lower in degree than that designated in the said articles for the counterfeiters.

      • Article 272

        The falsification of the standards of weights and measures shall be punished by presidio mayor and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

      • Article 273

        Any person knowingly exposing for sale any articles made of gold or silver, bearing false marks as to quality of material, shall suffer the same penalty as that mentioned in the next preceding article.

      • Article 274

        The falsification of the seals used by any person in authority,

        court, public corporation, or public office, shall be punished by presidio

        correccional in its minimum and medium degrees and a fine of not less

        than three hundred and seventy-five and not more than three thousand seven

        hundred and fifty pesetas.

        • Any person who, with intent to gain at the expense of the public treasury,

          shall make use of such seals, knowing them to be false, shall suffer the

          same penalty; in other cases, persons knowingly using such false seals

          shall suffer the penalty next lower in degree.

      • Article 275

        The falsification of the seals, marks, and countersigns used in any government office, for the purpose of identifying anything or to insure the payment of taxes, shall be punished by presidio correccional in its minimum and medium degrees and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

      • Article 276

        If the falsifications mentioned in the two articles next preceding be committed without the use of stamps or dies, or other mechanical instrument designed for counterfeiting, the offender shall suffer the penalty next lower in degree than that designated for such offense.

      • Article 277

        The falsification of stamps, marks, tickets or countersigns used by industrial or commercial concerns shall be punished by presidio correccional in its minimum and medium degrees.

      • Article 278

        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 shall suffer the penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 279

        Any person who shall obliterate any mark or sign placed upon any

        stamp, ticket, or countersign to indicate that it has been used or canceled

        shall suffer the penalty of arresto mayor and a fine of not less than

        three hundred and twenty-five and not more than three thousand two hundred

        and fifty pesetas.

        • Any person who shall knowingly make use of such stamps or signs shall

          be fined in a sum not less than three hundred and twenty-five and not

          more than three thousand two hundred and fifty pesetas.

  • Chapter II  The Counterfeiting of Coins
    • Article 280

      Any person who shall make any false coin of less value than the genuine, in imitation of any gold or silver money lawfully circulating in the Kingdom, shall suffer a penalty ranging from cadena temporal in its medium degree to cadena perpetua and be fined in a sum not less than six thousand two hundred and fifty and not more than sixty-two thousand five hundred pesetas; if the counterfeit coin be of copper or bronze, the penalty shall be presidio mayor and a fine not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 281

      Any person who shall clip any gold or silver coin in lawful circulation shall suffer the penalty of presidio mayor and be fined in a sum not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas; if the coin clipped be of copper or bronze, the penalty shall be presidio correccional in its minimum and medium degrees and a fine not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 282

      Any person who shall make any false coin of the same value as the genuine, in imitation of any metallic money lawfully circulating in the Kingdom shall suffer the penalty of presidio correccional in its medium and maximum degrees and be fined in a sum not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 283

      Any person who shall make any false coin, in imitation of a coin not lawfully circulating in the Kingdom, shall suffer the penalty of presidio correccional in its medium and maximum degrees and be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 284

      Any person who shall clip any genuine coin not lawfully circulating in the Kingdom shall suffer the penalty of presidio correccional in its minimum and medium degrees and be fined in a sum not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas.

    • Article 285

      The penalties prescribed, in the respective cases, by the preceding

      articles shall be imposed upon any person who shall bring counterfeit coin

      into the Kingdom.

      • The same penalties shall be imposed upon persons uttering counterfeit coin

        when acting in connivance with counterfeiters or with the persons who have

        brought counterfeit coin into the Kingdom.

    • Article 286

      Any person who, without the circumstance of connivance mentioned in the next preceding article, shall put into circulation any counterfeit or clipped coin acquired by such person with knowledge that such coins were counterfeit or clipped, and with intent to place the same in circulation, shall suffer the penalty of presidio correccional in its medium and maximum degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 287

      Any person who, having received counterfeit coin in good faith, shall subsequently put it into circulation, knowing it to be counterfeit, shall, if the amount of coin put into circulation exceed three hundred and twenty-five pesetas, be fined in an amount not less than the face value of the counterfeit coin so uttered and not more than three times the face value thereof.

    • Article 288

      Any person found in possession of counterfeit coin, of such quantity and under such circumstances as to justify the reasonable inference that it was intended for circulation, shall be punished as guilty of an attempt to circulate counterfeit money.

  • Chapter III  The Falsification of Bank Notes, Documents of Credit, Stamped Paper, Postage Stamps, and Other Stamped Paper, the Sale of Which is Reserved to the State
    • Article 289

      Any person who shall counterfeit a bank note or forge any other instrument payable to bearer, or the coupons thereof, the issue of which shall have been authorized by a law of the Kingdom, and any person bringing such counterfeit notes or forged instruments, or coupons, into the Philippine Islands, shall suffer a penalty ranging from cadena temporal in its medium degree to cadena perpetua and be fined in a sum not less than six thousand two hundred and fifty and not more than sixty-two thousand five hundred pesetas.

      • The same penalty shall be imposed upon any person circulating or using such documents in connivance with the counterfeiter or forger or person by whom they were introduced."

    • Article 290

      Any person who, not acting in connivance with the counterfeiters or forgers of bank notes or other instruments payable to bearer, or coupons thereof, or the person or persons by whom the same were brought into the country, shall acquire such notes, instruments, or coupons, knowing then to be false, with intent to put them into circulation, shall suffer the penalty of cadena temporal.

    • Article 291

      Any person who shall, in the Philippine Islands, counterfeit any

      bank note or forge any instrument payable to bearer, or the coupons of such

      an instrument, which may have been issued by virtue of a law of a foreign

      country, or of an authorization having the force of law, shall suffer the

      penalty of cadena temporal.

      • The same penalty shall be imposed upon any person bringing such documents

        into the country in connivance with the counterfeiters or forgers.

    • Article 292

      Any person who, having acquired in good faith bank notes or other instruments payable to bearer, or the coupons thereof, of the class or character of those mentioned in articles two hundred and eighty-nine and two hundred and ninety-one, shall put the same into circulation knowing them to be false, shall suffer the penalty of presidio correccional in its medium and maximum degrees and be fined in a sum not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 293

      Any person who shall forge or introduce into the country any document

      of credit, issued under authority of law, not payable to bearer, shall suffer

      the penalty of cadena temporal and be fined in a sum not less than six thousand

      two hundred and fifty and not more than sixty-two thousand five hundred

      pesetas.

    • Article 294

      Any person who shall forge any document of credit not payable to bearer, issued by virtue of a law of a foreign country, or an authorization having the force of law in such country, shall suffer a penalty ranging from presidio mayor in its medium degree to cadena temporal in its minimum degree.

    • Article 295

      Any person who shall knowingly negotiate or in any other manner profit to the prejudice of another by means of any false document of a class embraced within the two next preceding articles shall suffer the penalty of presidio correccional in its medium and minimum degrees and be fined in a sum not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 296

      Any person who shall offer in evidence in any judicial proceeding any instrument of credit, whether payable to bearer or otherwise, or the coupons of such instrument, knowing the same to be false, shall suffer the penalty of presidio correccional in its medium and minimum degrees and be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 297

      Any person who shall counterfeit stamped paper, postage stamps,

      or any other kind of stamped articles (efectos timbrados), the sale of which

      is reserved to the State, shall suffer the penalty of presidio mayor.

      • The same penalty shall be imposed upon any person who brings such stamps

        or stamped paper into Spanish territory or shall sell the same in connivance

        with the counterfeiter or person bringing the same into the country.

    • Article 298

      Any person who shall knowingly acquire forged stamped paper or stamps of the kinds mentioned in the next preceding article, with intent to sell the same, but without being in connivance with the counterfeiters or persons introducing such counterfeit paper or stamps into the country, shall suffer the penalty of presidio correccional in its minimum and medium degrees and be fined in a sum not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 299

      Any person who shall have acquired in good faith any of the counterfeit stamps or stamped paper mentioned in the next preceding article, and shall sell the same, knowing them to be false, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree.

      • Any person who shall make use of such counterfeit stamps or stamped paper, knowing them to be such, shall be fined in a sum not less than five times and not more than ten times the face value of the counterfeit paper or stamps so used.

  • Chapter IV  The Falsification of Documents
    • Section I  Falsification of Public, Official, and Commercial Documents and Telegraphic Dispatches
      • Article 300

        The penalty of cadena temporal and a fine in a sum not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas shall be imposed upon any public officer who, by taking advantage of his official position, shall be guilty of falsification:

        • 1

          By counterfeiting or imitating any handwriting, signature, or rubric.

        • 2

          By causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.

        • 3

          By attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.

        • 4

          By making untruthful statements in a narration of facts.

        • 5

          By altering true dates.

        • 6

          By making any alteration or intercalation in a genuine document which changes its meaning.

        • 7

          By issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or by including in such a copy a statement contrary to, or different from, that of the genuine original.

        • 8

          By intercalating any instrument in a protocol, registry or official book.

        • 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 a character that its falsification may affect the civil status of persons or produce results affecting interests not merely ecclesiastical shall suffer the penalty designated in paragraph one of this article."

      • Article 301

        Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document, letter of exchange, or other commercial document shall suffer the penalty of presidio mayor and be fined in a sum not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas.

      • Article 302

        Any person who shall knowingly introduce in evidence in any judicial proceeding any false document embraced within the classes enumerated in the preceding articles, or shall use any such false document with the intent to profit thereby, shall suffer a penalty lower by two degrees than that prescribed for the falsification of such documents.

      • Article 303

        Any public officer employed in the telegraph service who shall send a fictitious telegraphic dispatch, or shall falsify such a dispatch, shall suffer the penalty of prisión correccional in its medium and maximum degrees.

        • Any person who shall use such false dispatch with intent to profit thereby, or to injure another, shall suffer the same penalty as that prescribed for those guilty of its falsification."

    • Section II  The Falsification of Private Documents
      • Article 304

        Any person who, to the damage of another, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in article three hundred shall suffer the penalty of presidio correccional in its minimum and medium degrees and be fined in a sum not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

      • Article 305

        Any person who, with intent of gain or to the damage of another, shall knowingly introduce in evidence in any judicial proceeding or otherwise make use of any false document falling within the classes enumerated in the next preceding article, but without having taken part in the falsification thereof, shall suffer a penalty lower by one degree than that prescribed for the falsification of such a document.

    • Section III  The Falsification of Passports, Certificates of Residence and Other Certificates
      • Article 306

        Any public officer who, taking advantage of his official position, shall issue any passport or certificate of residence in a fictitious name, or with the name in blank, shall suffer the penalties of prisión correccional in its minimum and medium degrees and temporary special disqualification.

      • Article 307

        Any person who shall forge any passport or certificate of residence shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

        • The same penalties shall be imposed upon any persons who shall make alterations in any genuine passport or certificate of residence by changing the name of the person in whose favor, or of the authority by whom, the same may have been issued, or by making any other essential alteration therein."

      • Article 308

        Any person who shall make use of any passport or certificate of

        residence, such as those mentioned in the next preceding article, shall

        be punished by a fine in a sum not less than three hundred and twenty-five

        and not more than three thousand two hundred and fifty pesetas.

        • The same penalty shall be imposed upon any person who shall make use of

          any genuine passport or certificate of residence issued in favor of some

          other person.

      • Article 309

        Any physician or surgeon who, for the purpose of enabling any person to evade the performance of any public service, shall issue a certificate falsely stating that such person is ill, or has been injured, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 310

        Any public officer who shall issue any false certificate of merit, service, good conduct, or poverty, or any other of a similar character, shall suffer the penalty of suspension in its medium and maximum degrees and be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Article 311

        Any private person who shall falsify any certificate falling within

        the classes mentioned in the preceding articles shall suffer the penalty

        of arresto mayor.

        • This provision shall also apply to any person who shall knowingly make

          use of the false certificate.

  • Chapter V  Provisions Common to the Four Next Preceding Chapters
    • Article 312

      Any person who shall make or introduce any stamps, dies, marks, or other instruments or implements obviously intended to be used in the commission of any of the offenses of counterfeiting or falsification mentioned in the preceding chapters of this title, shall suffer the same pecuniary penalties as those prescribed in the respective cases for the counterfeiters or forger and the personal penalties next lower in degree than those so prescribed.

    • Article 313

      Any person who shall have in his possession any of the instruments or implements mentioned in the next preceding article, and shall fail to give a satisfactory excuse for having acquired or kept the same, shall suffer the same pecuniary penalty and the personal penalty lower by two degrees than that prescribed for the offense of counterfeiting or falsifying for which such instruments or implements are adapted.

    • Article 314

      Any public officer who by means of any lawful instrument or implement committed to his care shall commit any falsification to the damage of the State or a public corporation or a private individual shall suffer the maximum degree of the pecuniary and personal penalties respectively prescribed for the falsification committed, and shall also suffer a penalty ranging from temporary absolute disqualification in its maximum degree to perpetual absolute disqualification.

    • Article 315

      Any person not falling within the terms of the next preceding article who shall possess himself of any of the lawful instruments or implements therein mentioned and use the same in the commission of any falsification to the damage of the State, a public corporation, or a private individual to whom such instruments or implements shall belong, shall suffer the same pecuniary penalties and the personal penalties next lower in degree than those prescribed for the punishment of the falsification committed.

    • Article 316

      Whenever it shall be possible to ascertain the profit which the counterfeiters or forgers mentioned in this title shall have received, or which they expected to receive, they shall be fined in a sum not less than the amount of such profit and not more than three times such amount, unless the maximum of such fine shall be less than the minimum of that prescribed for the offense, in which case the latter shall be imposed.

  • Chapter VI  The Fraudulent Concealment of Property or Business, False Testimony, and False Accusation and Complaint
    • Article 317

      Any person who, after due demand, shall conceal from the proper executive officer all or any part of his property or the trade or business followed by him, with intent to evade the payment of taxes due upon such property or business, shall be fined in a sum not less than the amount of the taxes which he should have paid and not more than five times such amount, provided that the fine in no case shall be less than three hundred and twenty-five pesetas.

    • Article 318

      Any person who shall give false testimony against the defendant in any criminal case shall suffer:

      • 1

        A penalty ranging from cadena temporal in its maximum degree to cadena perpetua, if the defendant in said case shall have been sentenced to death and the sentence shall have been executed.

      • 2

        The penalty of cadena temporal, if the defendant shall have been sentenced to cadena perpetua and shall have commenced to serve such sentence.

      • 3

        The penalty of presidio mayor, if the defendant in the case shall have been sentenced to cadena perpetua, but shall not have commenced to serve such sentence.

      • 4

        A penalty ranging from presidio correccional in its maximum degree to presidio mayor in its medium degree, if the defendant in the case shall have been sentenced to any other afflictive penalty and shall have commenced to serve such sentence.

      • 5

        A penalty ranging from presidio correccional in its medium degree to presidio mayor in its minimum degree, if the defendant in the case shall have been sentenced to any other afflictive penalty, but shall not have commenced to served such sentence.

      • 6

        The penalty of presidio correccional in its medium and maximum degrees and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, if the defendant in the case shall have been sentenced to any correctional penalty and shall have commenced to serve such sentence.

      • 7

        The penalty of presidio correccional in its minimum and medium degrees and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas, if the defendant in the case shall have been sentenced to any correctional penalty, but shall not have commenced to serve such sentence.

      • 8

        A penalty ranging from arresto mayor in its maximum degree to presidio correccional in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if the defendant in the case shall have been sentenced to a light penalty and shall have commenced to serve the same.

      • 9

        The penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if the defendant in the case shall have been sentenced to a light penalties, but shall not have commenced to serve the same."

    • Article 319

      Any person who shall give false testimony in favor of a defendant in a criminal case shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its medium degree and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas, if the case were for a felony, and the penalty of arresto mayor if it were for a misdemeanor.

    • Article 320

      Any person who, in a prosecution for a felony, shall give false testimony which neither favors nor harms the defendant shall suffer the penalty of arresto mayor in its minimum and medium degrees.

    • Article 321

      The penalty for giving false testimony in a civil case shall be

      arresto mayor in its maximum degree to presidio correccional in its medium

      degree and a fine of not less than six hundred and twenty-five and not more

      than six thousand two hundred and fifty pesetas.

      • If the amount in controversy shall not exceed six hundred and twenty-five

        pesetas, the penalty shall be arresto mayor and a fine of not less than

        three hundred and twenty-five and not more than three thousand two hundred

        and fifty pesetas.

    • Article 322

      The penalties prescribed by the preceding articles shall be applied in their maximum degrees to any expert witness who shall give false testimony in any judicial proceeding.

    • Article 323

      Whenever the false testimony of the witness or expert shall have

      been given as a result of bribery, the penalties shall be those next higher

      in degree than those respectively designated in the preceding articles,

      and in addition thereto a fine in a sum not less than the amount promised

      or given and not more than three times such amount shall be imposed.

      • Anything which may have been paid or given to the person bribed shall be confiscated.

    • Article 324

      Any witness or expert who shall give testimony which, while not substantially untrue, yet creates a false impression by reason of its incompleteness or inaccuracy, shall be fined:

      • 1

        Not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas, if the false testimony be given in a prosecution for a felony.

      • 2

        Not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if the false testimony be given in a prosecution for a misdemeanor, or in a civil case."

    • Article 325

      Any person who in a judicial proceeding shall knowingly present a perjured witness, or offer in evidence any false documentary proof, shall be punished as guilty of false testimony.

    • Article 326

      The crime of false accusation or complaint is committed by any person who falsely charges another with acts which, if committed, would constitute an offense upon which a prosecution might be instituted by the Government on its own motion, if such charge be made to any executive or judicial officer whose duty it is to investigate or punish such felony.

      • Nevertheless, no action shall be taken against the person making the accusation or complaint except by virtue of a final judgment or order of dismissal by the court before which the offense charged shall have been tried.

      • The court shall order the prosecution of the person making the accusation or complaint whenever the principal case discloses facts sufficient to justify such prosecution."

    • Article 327

      Any person guilty of making a false accusation or complaint shall suffer the penalty of presidio correccional in its medium and maximum degrees, if the offense imputed be a grave felony; if the offense imputed be a less grave felony, the penalty shall be prisión correccional in its minimum and medium degrees; if the offense imputed be a misdemeanor, the penalty shall be arresto mayor. In all cases a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas shall be imposed.

  • Chapter VII  The Usurpation of Authority, Rank, Titles, and the Improper Use of Names, Uniforms, Insignia, and Decorations
    • Article 328

      Any person who, under pretense of official position, shall perform any act properly pertaining to any person in authority or public officer, without being lawfully entitled to do so, shall suffer the penalty of prisión correccional in its minimum and medium degrees.

    • Article 329

      Any person who, pretending to possess the necessary qualifications, shall publicly practice any profession or calling, the lawful exercise of which requires an official license or degree, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree.

    • Article 330

      Any person who shall publicly use or claim any title of nobility not belonging to him shall be fined in a sum not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 331

      Any person who shall publicly use a fictitious name shall suffer the penalty of arresto mayor in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • Whenever such fictitious name shall have been used for the purpose of concealing a crime or evading a penalty or causing damage to the Government or to any private individual, the offender shall suffer the penalty of arresto mayor in its medium and maximum degrees and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

      • Notwithstanding the provisions of this article, the use of a fictitious name may, for just cause, be temporarily authorized by the superior executive authorities."

    • Article 332

      Any public officer who, in connection with the performance of any duty appertaining to his office, shall, in connivance with any other person, attribute to the latter any title of nobility or name not pertaining to such person, shall be fined in a sum not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 333

      Any person who shall publicly and wrongfully make use of the uniform or dress pertaining to an office not held by such person, or to a class of persons, of which he is not a member, or rank not possessed by him, or any insignia or decoration which he is not authorized to wear, shall be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

• Title V  Breach of Burial Laws, Violation of Sepulture, and Offenses Against Public Health
  • Chapter I  Breach of Burial Laws and Violation of Sepulture
    • Article 334

      Any person who, in violation of the laws or regulations concerning the time, place, and other formalities prescribed for burials, shall bury or cause to be buried any corpse, shall suffer the penalty of arresto mayor and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 335

      Any person who shall violate any grave or sepulture by doing any act or thing which directly tends to constitute a lack of the respect due the memory of the dead shall suffer the penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

  • Chapter II  Offenses Against Public Health
    • Article 336

      Any person who, not being thereunto duly authorized, shall compound any substance dangerous to health or any highly destructive chemical product with anything, to sell the same, or shall give it sale, or shall deal in such substances or chemical products, shall suffer the penalty of arresto mayor and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 337

      Any person authorized to deal in substances which may be dangerous to health, or chemical products of the class mentioned in the next preceding article, who shall give out or supply the same without complying with the corresponding regulations, shall suffer the penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 338

      Any pharmacist who shall dispense any deteriorated drugs or medicines, or substitute one for another, or dispense such drugs or medicines, without complying with the formalities prescribed by the laws and regulations, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • If the death of any person shall result from the use of such drugs or medicines, the offender shall suffer the penalty of prisión correccional in its medium and maximum degrees and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas."

    • Article 339

      The provisions of the two next preceding articles shall apply to any persons dealing in the substances or products mentioned therein, and to any of the pharmacist's employees by whom such offense may have been committed.

    • Article 340

      Any person who shall exhume or remove any human remains in violation of the regulations or other sanitary rules shall be fined in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 341

      Any person who shall adulterate any beverage or food intended for public consumption by the admixture of any substance injurious to health, or shall sell any adulterated goods, or shall manufacture or sell anything, the use of which is of necessity injurious to health, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • The adulterated goods and injurious substances shall in all cases be destroyed."

    • Article 342

      The penalty prescribed by the next preceding article shall also

      be imposed upon:

      • 1

        Any person who, with the intent of buying or selling anything ordered destroyed or disinfected, shall conceal or remove the same.

      • 2

        Any person who shall throw into any spring, cistern, or river, the water

        of which is used for drinking purposes, anything which makes the water dangerous

        to health.

• Title VI  Gambling and Raffles
  • Article 343

    The bankers of games of luck, chance or hazard and the owners of gambling houses where such games are played shall suffer the penalty of arresto mayor and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas; and if the offense be repeated, a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and a double fine shall be imposed.

    • The gamblers present at such houses shall suffer the penalty of arresto mayor in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • If the offense be repeated, the penalty shall be arresto mayor in its medium degree and a double fine.

  • Article 344

    Any person who, in any game of luck, chance or hazard, or in any duly authorized raffle, shall make use of any fraudulent means to insure success shall be punished as guilty of swindling (estafa).

  • Article 345

    The money or property and the instruments or appliances used for gambling games or raffles shall be forfeited.

• Title VII  Crimes Committed by Public Officers or Employees on the Occasion of the Performance of Their Official Duties
  • Chapter I  Misconduct of Judges, Other Public Officers, and Lawyers
    • Article 346

      Any judge who shall knowingly render an unjust decision against the defendant in a prosecution for a felony shall suffer the same penalty imposed in such decision, if the latter shall have been executed, and shall also suffer a penalty ranging from temporary absolute disqualification in its maximum degree to perpetual absolute disqualification.

    • Article 347

      Any judge who shall knowingly render an unjust decision against the defendant, if such decision shall not have been executed, shall suffer the penalty next lower in degree than that imposed by such decision, if the prosecution be for a grave felony, and that lower by two degrees than the penalty imposed, if the prosecution be for a less grave felony.

      In all cases falling within this article the offender shall also suffer a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification.

    • Article 348

      If the unjust decision shall have been knowingly rendered against the defendant in a prosecution for a misdemeanor, the penalties shall be arresto mayor and from temporary special disqualification in its maximum degree to perpetual special disqualification.

    • Article 349

      Any judge who shall knowingly render an unjust decision in favor of the defendant in a criminal case shall suffer the penalty of prisión correccional in its minimum and medium degrees and from temporary special disqualification in its maximum degree to perpetual special disqualification, if the prosecution be for a grave felony; and a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree and the same disqualification, if the prosecution be for a less grave felony; and the penalty of arresto mayor in its minimum degree and suspension, if the prosecution be for a misdemeanor.

    • Article 350

      Any judge who shall knowingly render an unjust decision in a civil case shall suffer a penalty ranging from arresto mayor in its medium degree to prisión correccional in its minimum degree and from temporary special disqualification in its maximum degree to perpetual special disqualification.

    • Article 351

      Any judge who, by reason of inexcusable negligence or ignorance, shall render a manifestly unjust decision in any civil or criminal case shall suffer a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification.

    • Article 352

      Any judge who shall knowingly render an unjust interlocutory order shall suffer the penalty of suspension.

    • Article 353

      Any judge who shall refuse to render a decision, upon the pretext

      of the obscurity, insufficiency, or silence of the law, shall suffer the

      penalty of suspension.

      • The same penalty shall be suffered by any judge guilty of maliciously retarding

        the administration of justice.

    • Article 354

      Any public officer who shall knowingly make or approve an unjust

      order in any contentious-administrative or merely administrative case shall

      suffer a penalty ranging from temporary special disqualification in its

      maximum degree to perpetual special disqualification.

      • The same penalty shall be imposed upon any public officer who, by reason

        of inexcusable negligence or ignorance, shall make or approve any manifestly

        unjust order or ruling in any contentious-administrative or merely administrative

        case.

    • Article 355

      Any public officer who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecutions for the punishment of offenders shall suffer a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification.

    • Article 356

      Any attorney or solicitor who, by any breach of professional duty or inexcusable negligence or ignorance, shall cause damage to his client, or reveal any of the secrets of the latter made known to him in his professional capacity, shall be punished by a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 357

      Any attorney or solicitor who, having been retained by a party, shall subsequently, without the latter's consent, accept employment from the adverse party, or shall act as counsel for such adverse party, shall suffer the penalties of temporary special disqualification and a fine in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

  • Chapter II  Infidelity in the Custody of Prisoners
    • Article 358

      Any public officer guilty of connivance in the escape of a prisoner in his custody shall be punished as follows:

      • 1

        In case the fugitive shall have been sentenced by a final judgment to any penalty, by a penalty lower by two degrees than such penalty, and by a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification.

      • 2

        By a penalty lower by three degrees than the penalty prescribed by law for the offense for which the fugitive shall have been held for prosecution, if the latter shall not have been finally convicted, and that of temporary special disqualification."

    • Article 359

      Any private person to whom the custody of a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the next preceding article, shall suffer the penalties next lower in degree than those prescribed for the public officer.

  • Chapter III  Infidelity in the Custody of Documents
    • Article 360

      Any public officer who shall remove, destroy, or conceal papers or documents confided to him in his official capacity, shall suffer:

      • 1

        The penalties of prisión mayor and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, provided that serious damage shall have been caused thereby to some other person or to the public interests.

      • 2

        The penalty of prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, when the damage caused to a third person or to the public interests shall not have been serious.

      • In either case a further penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification shall be imposed."

    • Article 361

      Any public officer charged with the custody of papers or effects sealed by the proper authority, who shall break the seals or permit them to be broken, shall suffer the penalty of prisión correccional in its minimum and medium degrees, and a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification, and be fined in a sum not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 362

      Any public officer not coming within the provisions of the next preceding article, who, without competent authority, shall open any closed papers or documents confided to his case, or shall permit such papers or documents to be opened, shall suffer the penalties of arresto mayor, temporary special disqualification, and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • The penalties prescribed by the three next preceding articles shall also be applied to ecclesiastics or private individuals incidentally charged with the transmission or custody of documents or papers by commission of the Government or of officers to whom, in their official capacity, such papers or documents may have been confided."

  • Chapter IV  Revelation of Secrets
    • Article 363

      Any public officer who shall reveal any secrets known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge, and which should not be published, shall suffer the penalties of suspension in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • If the revelation of such secrets or the delivery of such papers shall result in serious damage to the public interests, the penalty shall be one ranging from temporary special disqualification in its maximum degree to perpetual special disqualification and that of prisión correccional in its medium and maximum degrees."

    • Article 364

      Any public officer to whom the secrets of any private individual shall become known by reason of his office, who shall reveal such secrets, shall suffer the penalties of suspension, arresto mayor, and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

  • Chapter V  Disobedience and Refusal of Assistance
    • Article 365

      Any judicial or executive officer who shall openly refuse to carry out the judgments, decisions, or orders of any superior authority made within the scope of the jurisdiction of such authority and invested with all legal formalities, shall suffer a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 366

      Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension shall suffer the penalty of perpetual special disqualification and prisión correccional in its minimum and medium degrees.

    • Article 367

      Any public officer who, upon demand from a competent authority,

      shall wrongfully fail to lend his cooperation toward the administration

      of justice or other public service shall suffer the penalty of suspension

      in its minimum and medium degrees and a fine of not less than three hundred

      and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • If such failure shall result in serious damage to the public interests,

        or to a third person, the penalty shall be perpetual special disqualification

        and a fine of not less than three hundred and seventy-five and not more

        than three thousand seven hundred and fifty pesetas.

    • Article 368

      Any person who shall refuse to accept a public elective office, without presenting a lawful excuse to the proper authority, or after the excuse shall have been rejected, shall be fined in a sum not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

  • Chapter VI  Anticipation, Prolongation, and Abandonment of the Duties of Public Office
    • Article 369

      Any person who shall assume any public office or employment without first taking the oath and giving 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 in a sum not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 370

      Any public officer who shall continue to exercise the duties and powers of his employment, office, or commission after he should cease to do so in accordance with the laws, regulations or special provisions applicable to the case shall suffer the penalty of temporary special disqualification in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 371

      Any public officer guilty of any of the offenses penalized in the two next preceding articles who shall have received any fees or emoluments by reason of his office or commission before being entitled to enter upon it, or after his right to hold the same shall have expired, shall be compelled to restore such fees or emoluments and suffer a fine of not less than ten per centum and not more than fifty per centum of the amount thereof.

    • Article 372

      Any public officer who, without having had his resignation accepted, shall abandon his office to the prejudice of the public services shall suffer the penalty of suspension in its medium and maximum degrees.

      • If such office shall have been abandoned in order to evade the duty of preventing, prosecuting or punishing any of the crimes falling within Titles I and II of Book II of this code, the offender shall suffer the penalty of prisión correccional in its minimum and medium degrees; and if for the purpose of avoiding the duty of preventing, prosecuting, or punishing any other crime, the penalty shall be arresto mayor."

  • Chapter VII  Usurpation of Power; Unlawful Appointments
    • Article 373

      Any public officer who shall encroach upon the power of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority or by repealing or suspending the execution of a law, shall suffer the penalty of temporary special disqualification and a fine of not less than three hundred and seventy-five and not more than three thousand seven hundred and fifty pesetas.

    • Article 374

      Any judge who shall assume any powers pertaining to the executive

      authorities, or shall impede the latter in the lawful exercise of their

      powers, shall suffer the penalty of suspension.

      • The same penalty shall be imposed upon any officer of the executive branch

        of the Government who shall assume judicial powers or shall impede the execution

        of any order or decision made by any court of competent jurisdiction.'

    • Article 375

      Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be fined not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 376

      Any executive or military officer who shall address any order or suggestion to any judicial authority with respect to any cause or matter, the right to hear and determine which pertains exclusively to the courts, shall suffer the penalties of suspension in its minimum and medium degrees and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

    • Article 377

      Any ecclesiastic who, after demand from a competent court, shall

      refuse to submit to such court any record called for, for the purpose of

      determining a question concerning the exercise of jurisdiction by such ecclesiastic,

      shall suffer the penalty of temporary special disqualification.

      • A repetition of the offense shall be punished by perpetual special disqualification.'

    • Article 378

      Any public officer who shall knowingly nominate or appoint to any public office any person not possessed of the legal qualifications therefor shall suffer the penalties of suspension and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

  • Chapter VIII  Offenses Against Chastity
    • Article 379

      Any public officer who shall solicit any woman interested in matters pending before such office for decision, or with respect to which he is required to make a report or forward a recommendation to his superior, shall suffer the penalty of temporary special disqualification.

    • Article 380

      Any warden who shall solicit any woman in his custody shall suffer the penalty of prisión correccional in its medium and maximum degrees. - item: Paragraph 2 content: | nIf the woman solicited be the wife, daughter or sister, or a relative within the same degrees of affinity, of any person in the custody of such warden, the penalty shall be prisión correccional in its minimum and medium degrees. - item: Paragraph 2 content: | In every case a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification shall also be imposed.

  • Chapter IX  Bribery
    • Article 381

      Any public officer who shall agree to commit any criminal act in connection with the exercise of the powers of his office, in consideration of any offer or any promise or any gift or present received by such officer, personally or through the mediation of another, shall suffer the penalties of presidio correccional in its minimum and medium degrees and a fine of not less than the value of the gift and not more than three times such amount, without prejudice to the imposition of the penalty corresponding to the crime agreed upon, if the same shall have been committed.

    • Article 382

      Any public officer who shall agree to commit any injustice not constituting a crime in connection with the exercise of the powers of his office, in consideration of any offer or promise or of any gift or present received by such officer, personally or through the mediation of another, shall, if the injustice be committed, suffer the penalty of presidio correccional in its medium and minimum degrees and pay a fine of not less than the value of the gift and not more than three times such value; if the injustice shall not have been committed, a penalty ranging from arresto mayor in its maximum degree to presidio correccional in its minimum degree and a fine of not less than the value of the gift and not more than double such value shall be imposed.

    • Article 383

      When the purpose of the gift received or promised is to induce the public officer to refrain from doing something which it is his special duty to do, the penalty shall be arresto mayor in its medium and maximum degrees and a fine of not less than the value of the gift and not more than three times such value.

    • Article 384

      The provisions of the preceding articles shall be applied to jurors, referees, arbitrators, experts, next friends, or any other persons performing public duties.

    • Article 385

      Persons guilty of the offenses enumerated in the preceding articles shall suffer, in addition to the penalties therein prescribed, that of temporary special disqualification.

    • Article 386

      Any public officer who shall accept any present given him in consideration of his office shall be punished by suspension in its minimum and medium degrees and public censure.

    • Article 387

      Any person who, by any gift, present, offer or promise, shall corrupt any public officer shall suffer the same penalties as those prescribed for the officer corrupted, except the penalty of disqualification.

    • Article 388

      If the bribe shall have been given in order to favor the defendant in a criminal case, by the husband, wife, brother, or sister, or any ascendant or descendant of such defendant, or any relative by affinity within the same degrees, no penalty shall be imposed upon the person giving the bribe except a fine equal in amount to the value of the thing given or promised.

    • Article 389

      In every case the gifts or presents shall be forfeited.

  • Chapter X  Malversation of Public Funds
    • Article 390

      Any public officer who shall convert to his own use, or permit another person to take and convert to his use, any public funds or property in the possession of such officer by virtue of his office shall suffer:

      • 1

        A penalty ranging from arresto mayor in its maximum degree to presidio correccional in its minimum degree, if the value of the funds or property misappropriated shall not exceed one hundred and twenty-five pesetas.

      • 2

        The penalty of presidio correccional in its medium and maximum degrees, if it shall be more than one hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

      • 3

        The penalty of presidio mayor, if it shall be more than six thousand two hundred and fifty and not more than one hundred and twenty-five thousand pesetas.

      • 4

        The penalty of cadena temporal, if it shall exceed one hundred and twenty-five thousand pesetas.

      • In all cases a penalty ranging from temporary special disqualification in its maximum degree to perpetual absolute disqualification shall also be imposed."

    • Article 391

      Whenever any crime of misappropriation of public funds or property, falling within paragraphs two, three, or four of the next preceding article, shall be committed by any person who, in doing so, has availed himself of an opportunity furnished by the inexcusable carelessness or negligence of any public officer, such officer shall be fined in a sum equal to the value of the funds or property so misappropriated.

    • Article 392

      Any public officer who shall cause any damage or embarrassment to

      the public service by using any funds or property confided to him, for his

      own benefit or for the benefit of another, shall suffer the penalty of temporary

      special disqualification and be fined in a sum not less than twenty and

      not more than fifty per centum of the amount so used by him.

      • If the funds or property are not restored, he shall suffer the penalties

        prescribed by article three hundred and ninety.

      • If the unauthorized use of such funds shall not have caused any damage or

        embarrassment to the public service, he shall suffer the penalty of suspension

        and be fined in a sum not less than five and not more than twenty-five per

        centum of the amount so used.

    • Article 393

      Any public officer who shall apply any funds or property in his possession to any public use other than that for which such funds or property were intended shall suffer the penalty of temporary disqualification and shall pay a fine of not less than five and not more than fifty per centum of the amount so misapplied, if any damage or embarrassment shall have resulted to the branch of the service for which such funds or property were intended, by reason of such misapplication; if no such damage or embarrassment shall have resulted, the penalty of suspension shall be imposed.

    • Article 394

      Any public officer whose duty it shall be to make any payment from

      government funds in his possession, who shall fail to make such payment,

      shall suffer the penalty of suspension and pay a fine of not less than five

      and not more than twenty-five per centum of the amount which he should have

      paid.

      • This provision shall apply to any public officer who, having been ordered

        by competent authority to deliver anything 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 three hundred and twenty-five pesetas.'

    • Article 395

      The provisions of this chapter shall apply to any person who in any capacity whatever has charge of any provincial or municipal funds, revenues, or property belonging to any province or municipality or to any institution of learning or charity, and to administrators or receivers of funds attached, sequestrated or deposited by public authority, even if such funds belong to a private individual.

  • Chapter XI  Frauds and Illegal Exactions
    • Article 396

      Any public officer who, by reason of his official position, in dealing with any person with regard to furnishing supplies, or making contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into any agreement with any interested party or speculator to defraud the Government or make use of any other artifice for such purposes shall suffer the penalties of presidio correccional in its medium and maximum degrees and temporary special disqualification in its maximum degree to perpetual special disqualification.

    • Article 397

      Any public officer who shall become interested, directly or indirectly,

      in any contract or transaction in which it is his duty to participate by

      reason of his office shall suffer the penalties of temporary special disqualification

      and a fine of not less than ten and not more than fifty per centum of the

      value of the interest which he shall have taken in the business.

      • The provisions of this article shall also apply to any private person acting

        as an expert, arbitrator, or accountant, who shall become interested in

        the property or things which he may be called upon to appraise, partition,

        or adjust, and to guardians and curators with respect to the property of

        their wards, and to executors with respect to the property of the testamentary

        estate.

    • Article 398

      Any public officer who, directly or indirectly, shall exact fees

      greater than those which he is entitled to receive by reason of his office

      shall be fined in a sum not less than twice the amount so exacted and not

      more than four times such amount.

      • If the offender shall have been habitually guilty of this offense, he shall

        also suffer the penalty of temporary special disqualification.

    • Article 399

      Any public officer who, taking advantage of his official position, shall commit any of the crimes enumerated in Chapter IV of Section II of Title XIII of this book shall, in addition to the penalties therein prescribed, suffer a penalty ranging from temporary special disqualification in its maximum degree to perpetual special disqualification.

  • Chapter XII  Transactions Prohibited to Government Employees
    • Article 400

      Any judge, prosecuting officer, or military, executive, or financial head of any province or district, with the exception of alcaldes, who shall during his term of office become interested, directly or indirectly, in any operation of exchange, trade, or profit with respect to things not the product of his own property, within the territory in which he shall exercise jurisdiction or command, shall suffer the penalties of suspension and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas.

      • This provision shall not be applicable to persons investing their funds in bank shares or any shares in any other company or concern, provided that they hold no office in said company or concern and take no direct part in the financial or administrative control thereof."

  • Chapter XIII  General Provisions
    • Article 401

      For the purpose of applying the provisions of this and of the preceding titles of this book, any person who, by direct provision of law, popular election, or appointment by competent authority, shall take part in the performance of duties in the public service shall be deemed a public officer.

• Title VIII  Crimes Against Persons
  • Chapter I  Parricide
    • Article 402

      Any person who shall kill his father, mother, or children, whether

      legitimate or illegitimate, or any other ascendant or descendant, or his

      spouse, shall be guilty of parricide and shall suffer the penalty of cadena

      perpetua or death.

  • Chapter II  Murder
    • Article 403

      The crime of murder is committed by any person who, not falling within the terms of the next preceding article, shall kill another under any of the following circumstances:

      • 1

        With alevosia.

      • 2

        For a price or promise of reward.

      • 3

        By means of inundation, fire, or poison.

      • 4

        With evident premeditation.

      • 5

        With cruelty, by deliberately and inhumanly increasing the sufferings of the offended party.

      • Any person guilty of murder shall suffer a penalty ranging from cadena temporal in its maximum degree to death."

  • Chapter III  Homicide
    • Article 404

      Any person who, not falling within the provisions of article four hundred and two, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be guilty of homicide.

      • Any person guilty of homicide shall suffer the penalty of reclusión temporal."

    • Article 405

      When a quarrel occurs between several persons and they engage in a confused and tumultuous affray, in the course of which some person is killed, if it can not be ascertained who actually killed the deceased, but there is proof of the infliction of serious physical injuries upon him, the person or persons by whom such injuries were inflicted shall suffer the penalty of prisión mayor.

      • If it can not be determined from the evidence which of the participants in the affray inflicted the serious physical injuries upon the deceased, the penalty of prisión correccional in its medium and maximum degrees shall be imposed upon all those who shall have used violence upon the deceased."

    • Article 406

      Any person who shall assist another to commit suicide shall suffer the penalty of prisión mayor; if such person lends his assistance to the extent of doing the killing himself, he shall suffer the penalty of reclusión temporal.

  • Chapter IV  Provisions Common to the Three Preceding Chapters
    • Article 407

      The courts, in view of the attendant circumstances, may impose upon

      any person guilty of the frustrated crime of parricide, murder, or homicide

      a penalty lower by one degree than that which should be imposed under the

      provisions of article sixty-five.

      • The courts may also reduce the penalty prescribed by article sixty-six for

        an attempt to commit any such crime to that next lower by one degree, according

        to the circumstances of the case.

    • Article 408

      Any person who shall shoot at another with any firearm shall suffer the penalty of prisión correccional in its minimum and medium degrees, if the circumstances of the case are such that the act can be held to constitute a frustrated crime of parricide, murder, or homicide, or an attempt to commit any one of these crimes, or any other crime for which a higher penalty is prescribed by any of the articles of this code.

  • Chapter V  Infanticide
    • Article 409

      Any mother who, to conceal her dishonor, shall kill her child within three days after its birth shall suffer the penalty of prisión correccional in its medium and maximum degrees.

      • The penalty for the commission of this crime by the maternal grandparents for the purpose of concealing the mother's dishonor shall be prisión mayor.

      • With the exception of these cases, any person who shall kill a newly born child shall suffer the penalties prescribed for parricide or murder, as the case may be."

  • Chapter VI  Abortion
    • Article 410

      Any person who shall intentionally bring about an abortion shall suffer:

      • 1

        The penalty of reclusión temporal, if he shall use any violence upon the person of the pregnant woman.

      • 2

        The penalty of prisión mayor if, without using violence, he shall act without the consent of the woman.

      • 3

        The penalty of prisión correccional in its medium and maximum degrees, if the woman shall have consented."

    • Article 411

      Any person who shall cause any woman to miscarry by inflicting violence upon her, but without intending to cause a miscarriage, shall suffer the penalty of prisión correccional in its minimum and medium degrees.

    • Article 412

      Any woman who shall practice an abortion upon herself, or consent that any other person should do so, shall suffer the penalty of prisión correccional in its medium and maximum degrees.

      • Any woman who shall commit this offense to conceal her dishonor shall suffer the penalty of prisión correccional in its minimum and medium degrees."

    • Article 413

      Any physician or surgeon who, by the misuse of his scientific knowledge,

      shall cause an abortion, or shall assist in causing the same, shall suffer

      the maximum degree of the penalties prescribed for the cases respectively

      falling within article four hundred and ten.

      • Any pharmacist who, without a proper physician''s prescription, shall dispense

        any drug or medicine calculated to produce an abortion shall suffer the

        penalties of arresto mayor and a fine of not less than three hundred and

        twenty-five pesetas and not more than three thousand two hundred and fifty

        pesetas.

  • Chapter VII  Physical Injuries
    • Article 414

      Any person who shall intentionally castrate another shall suffer a penalty ranging from reclusión temporal to reclusión perpetua.

    • Article 415

      Any other intentional mutilation shall be punished by reclusión temporal.

    • Article 416

      Any person who shall wound, beat, or assault another shall be guilty of the crime of inflicting serious physical injuries, and shall suffer:

      • 1

        The penalty of prisión mayor, if in consequence of the physical injuries inflicted the injured person shall become an imbecile, impotent, or blind. SCaTAc

      • 2

        The penalty of prisión correccional in its medium and maximum degrees, if in consequence of the physical injuries the person injured shall have lost an eye or any principal member, or shall have lost the use of such member, or shall have become incapacitated for the work in which he shall have been habitually engaged before receiving the injury.

      • 3

        The penalty of prisión correccional in its minimum and medium degrees, if in consequence of the physical injuries the person injured shall have become deformed, or shall have lost some member other than a principal member, or shall have lost the use of such member, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged, for a period of more than ninety days.

      • 4

        The penalty of arresto mayor in its maximum degree to prisión correccional in its minimum degree, if the injured party, by reason of the physical injuries inflicted, shall have been ill or incapacitated for labor for more than thirty days.

      • If the offense shall have been committed against any of the persons enumerated in article four hundred and two, or under any of the circumstances mentioned in article four hundred and three, the penalties shall be reclusión temporal in its medium and maximum degrees in cases falling within paragraph one of this article; prisión correccional in its maximum degree to prisión mayor in its minimum degree in cases falling within paragraph two thereof; prisión correccional in its medium and maximum degrees in cases falling within paragraph three, and prisión correccional in minimum and medium degrees in cases falling within paragraph four.

      • The provisions of the next preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement."

    • Article 417

      The penalties established by the next preceding article shall be applicable in the respective cases to any person who, without intent to kill, shall inflict upon another any serious physical injury by knowingly administering to him any noxious substance or beverage, or by taking advantage of his credulity or weakness of mind.

    • Article 418

      Any physical injuries not falling within the preceding articles,

      and which shall incapacitate the offended party for labor for eight days

      or more, or shall make medical attendance necessary for the same period,

      shall be deemed to be less serious physical injuries, and shall be punished

      by arresto mayor, or by destierro and a fine of not less than three hundred

      and twenty-five and not more than three thousand two hundred and fifty pesetas,

      in the discretion of the court.

      • Whenever any less serious physical injuries shall have been inflicted with

        the manifest intent to insult or offend the injured person, under circumstances

        adding ignominy to the offense, a fine of not less than three hundred and

        twenty-five and not more than three thousand two hundred and fifty pesetas

        shall be imposed in addition to the penalty of arresto mayor.'

    • Article 419

      Any less serious physical injury inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or upon persons of rank or public authority, shall be punished in all cases by prisión correccional in its minimum and medium degrees.

    • Article 420

      Whenever any serious physical injuries shall be inflicted in any tumultuous affray, such as that defined in article four hundred and five, and there be no evidence to show by whom the same were inflicted, the penalty next lower than that corresponding to the offense committed shall be imposed upon any persons shown to have done any violence to the person injured.

    • Article 421

      Any person who shall mutilate himself, or shall consent to be mutilated, for the purpose of avoiding military service, and shall be declared exempt from such service by reason of such mutilation, shall suffer the penalty of presidio correccional in its medium and maximum degrees.

    • Article 422

      Any person who shall incapacitate another for the purpose mentioned in the next preceding article, with the consent of the person so incapacitated, shall suffer the penalty of presidio correccional in its minimum and medium degrees.

      • If the offense be committed for a price, the penalty shall be that next higher in degree than that prescribed in the next preceding paragraph.

      • If the offender be the father, mother, wife, or brother or sister, brother-in-law or sister-in-law of the person mutilated, the penalty shall be from arresto mayor in its medium degree to prisión correccional in its minimum degree."

  • Chapter VIII  General Provisions
    • Article 423

      Any husband who, having surprised his wife in the act of adultery, shall kill her or her paramour in the act, or shall inflict any serious physical injuries upon either, shall suffer the penalty of destierro.

      • If he shall inflict physical injuries of any other kind, he shall be exempt from punishment.

      • These rules shall be applicable under similar circumstances to parents with respect to any daughter under twenty-three years of age and her seducer while the daughter is living with the parents.

      • Any person who shall promote or facilitate the prostitution of his wife daughter shall not be entitled to the benefits of this article."

  • Chapter IX  Dueling
    • Article 424

      Any person in authority who shall receive information that any persons

      have agreed to fight a duel shall proceed to arrest the challenger and also

      the person challenged, if the latter shall have accepted such challenge,

      and shall not release them until they shall give their word of honor to

      abandon their purpose.

      • Any person who shall break his word and shall again challenge his adversary

        shall suffer the penalties of temporary absolute disqualification and confinamiento.

      • Any person who, under these circumstances, shall accept a challenge shall

        suffer the penalty of destierro.

    • Article 425

      Any person who shall kill his adversary in a duel shall suffer the penalty of prisión mayor.

      • If he shall inflict upon his adversary any of the injuries mentioned in paragraph one of article four hundred and sixteen, he shall suffer the penalty of prisión correccional in its medium and maximum degrees.

      • In any other case the penalty of arresto mayor shall be imposed upon the combatants, even though neither is wounded."

    • Article 426

      In lieu of the penalties prescribed in the next preceding article, the penalty of confinamiento shall be imposed in the case of homicide, and that of destierro shall be imposed in the cases of physical injuries such as are described in paragraph one of article four hundred and sixteen, and in other cases that of a fine of not less than one hundred and twenty-five and not more than one thousand two hundred and fifty pesetas shall be imposed upon the following:

      • 1

        Any person challenged who shall fight a duel on account of the failure of his adversary to give him an explanation of the motive for the duel.

      • 2

        Any person challenged who shall fight because his adversary has rejected any satisfactory explanation or sufficient apology offered for the offense given.

      • 3

        Any person insulted who shall fight a duel on account of not having been able to obtain from the person giving offense any satisfactory explanation or sufficient apology which he may have demanded from such person."

    • Article 427

      The penalties prescribed by article four hundred and twenty-five shall be imposed in their maximum degree upon:

      • 1

        Any person who shall challenge another to fight a duel without giving him an explanation of the motives therefor, if the person challenged shall have demanded such explanation.

      • 2

        Any person who, having challenged another to fight a duel, even upon sufficient provocation, shall refuse to accept any satisfactory explanation or sufficient apology which his adversary may have tendered him.

      • 3

        Any person who, having given offense to his adversary, shall decline to give him a satisfactory explanation or make a sufficient apology."

    • Article 428

      Any person who shall incite another to give or accept a challenge to fight a duel shall suffer the penalties respectively prescribed by article four hundred and twenty-five, if the duel should take place.

    • Article 429

      Any person who shall publicly scoff at or deride another for having refused to accept a challenge to fight a duel shall suffer the penalties prescribed for the offense of grave insults (injurias graves).

    • Article 430

      The seconds in a duel which shall result in death or in which physical injuries shall be inflicted shall be punished as though guilty as principals in the commission of those crimes, respectively, with the circumstance of premeditation if they have encouraged the duel, or shall have been guilty of treachery (alevosia) in carrying it out or in arranging the conditions.

      • They shall be punished as accomplices of the same crimes if they shall have agreed to a duel to the death, or to a duel in which either of the combatants is given a manifest advantage over the other.

      • They shall suffer the penalties of arresto mayor and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, if they shall not have done everything in their power to bring about a reconciliation, or shall have failed to arrange the conditions of the duel in such a manner as to offer the least possible danger to the lives of the combatants."

    • Article 431

      Any person who shall fight a duel without the presence of two or more seconds on each side, such seconds to be men who have attained their majority, and without having such seconds select the arms and arrange all the other conditions, shall suffer:

      • 1

        The penalty of prisión correccional, if neither combatant is killed or wounded.

      • 2

        The ordinary penalty prescribed by this code, if either combatant is killed or wounded: Provided, That the penalty shall in no case be less than prisión correccional."

    • Article 432

      The ordinary penalties prescribed by this code and, in addition thereto, the penalty of temporary absolute disqualification shall be imposed upon:

      • 1

        Any person who, with the expectation of pecuniary gain, or for any immoral purpose, shall provoke or give ground for a challenge to a duel.

      • 2

        Any combatant who shall treacherously (con alevosia) violate any of the conditions arranged by the seconds."

• Title IX  Crimes Against Chastity
  • Chapter I  Adultery
    • Article 433

      The penalty for adultery shall be prisión correccional in its medium and maximum degrees.

      • Adultery is committed by any married woman who shall lie with a man who is not her husband and by a man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void."

    • Article 434

      No penalty shall be imposed for the crime of adultery, except upon

      a complaint filed by the injured husband.

      • The husband can not institute a prosecution without including therein both

        the guilty parties, if they are both alive, nor in any case, if he shall

        have consented to the adultery or pardoned either of the adulterers.

    • Article 435

      The husband may at any time remit and penalty imposed upon his wife.

      • In such case the penalty imposed upon the wife's paramour shall also be deemed to be remitted."

    • Article 436

      A final judgment in favor of a defendant in an action for divorce

      upon the ground of adultery shall be conclusive in a criminal prosecution

      for the same offense.

      • If the decision in the civil case is to the effect that adultery has been

        committed, a prosecution shall, nevertheless, be necessary for the imposition

        of a penalty.

    • Article 437

      Any married man who shall keep a mistress in the conjugal dwelling, or under scandalous circumstances elsewhere, shall suffer the penalty of prisión correccional in its minimum and medium degrees.

      • The mistress shall suffer the penalty of destierro.

      • The provisions of articles four hundred thirty-four and four hundred and thirty-five shall be applied in the cases falling under this article."

  • Chapter II  Rape and Unnatural Crimes
    • Article 438

      The crime of rape shall be punished by reclusión temporal.

      • Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

        • 1

          If force or intimidation be used.

        • 12

          While the woman is deprived of reason or is unconscious, whatever may be the cause of such condition.

      • 3

        When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present."

    • Article 439

      Any person who shall commit any act of lasciviousness upon another person of either sex under any of the circumstances mentioned in the next preceding article shall suffer the penalty of prisión correccional in its medium and maximum degrees, according to the gravity of the offense.

  • Chapter III  Crimes of Public Scandal
    • Article 440

      Any person who, being united to another by indissoluble religious marriage, shall abandon his or her spouse and shall contract another marriage with another person, even if the latter marriage be not indissoluble, shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree, and also the penalty of public censure.

    • Article 441

      The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against modesty or good customs by any highly scandalous conduct not expressly falling within any other article of this code.

    • Article 442

      Any person who shall publicly and scandalously expound or proclaim any doctrines contrary to public morals shall suffer a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

  • Chapter IV  Seduction and Corruption of Minors
    • Article 443

      The seduction of a virgin over twelve and under twenty-three years of age, committed by any person in public authority, priest, servant, domestic, guardian, teacher, or any person who in any capacity shall have charge of the education of the woman seduced, or shall have her under his care, shall be punished by prisión correccional in its minimum and medium degrees.

      • The same penalty shall be imposed upon any person who shall have carnal knowledge of his sister or descendant, even though she be over twenty-three years of age.

      • Any other person who by means of deceit shall accomplish the seduction of a woman over twelve and under twenty-three years of age shall suffer the penalty of arresto mayor.

      • The same penalty shall be imposed for any other act of lewdness committed by the same persons and under the same circumstances."

    • Article 444

      Any person who shall habitually or by abuse of authority or confidence promote or facilitate the prostitution or corruption of minors to satisfy the lust of another shall suffer the penalty of prisión correccional in its minimum and medium degrees, and, if he be a person in authority, shall also suffer the penalty of temporary absolute disqualification.

  • Chapter V  Abduction
    • Article 445

      The abduction of a woman against her will and with lewd designs shall be punished by reclusión temporal.

      • The same penalty shall be imposed in every case if the female abducted be under twelve years of age."

    • Article 446

      The abduction of a virgin over twelve and under twenty-three years of age, committed with her consent, shall be punished by prisión correccional in its minimum and medium degrees.

    • Article 447

      Any person guilty of abduction who shall fail to give information as to the whereabouts of the person abducted, or a satisfactory explanation of the death or disappearance of such a person, shall suffer the penalty of cadena perpetua.

  • Chapter VI  Provisions Common to the Preceding Chapters
    • Article 448

      The offense of seduction (estupro) shall not be prosecuted except upon a complaint filed by and in the name of the offended party or her parents, grandparents, or guardian.

      • It shall be sufficient to authorize a prosecution for the offenses of rape and abduction with lewd designs that charges have been preferred by the offended party or by her parents, grandparents, or guardian, without the filing of a complaint by such person or persons.

      • If the person offended shall be disqualified by reason of nonage or mental incapacity to maintain the suit, and shall furthermore be absolutely destitute, having no parents, grandparents, brothers or sisters, guardian, or curator, by whom the charge may be brought, such charge may be made by the prosecuting officer upon general information.

      • In all cases falling under this article, the pardon, express or presumptive, of the offended party shall extinguish the penal action or work a remission of the penalty, if the offender shall have been already convicted.

      • The pardon shall not be presumed, except by the marriage of the offended woman to the offender."

    • Article 449

      Any person guilty of rape, seduction, or abduction shall also be

      condemned by way of indemnification:

      • 1

        To endow the offended woman, if she be single or a widow.

      • 2

        To recognize the offspring, unless the situation of the parents be such that the status of a recognized natural child can not be conferred upon such offspring.

      • 3

        In every case to support the offspring.

    • Article 450

      The ascendants, guardians, curators, teachers, or any person who

      by abuse of authority or of a confidential relation shall cooperate as accomplices

      in the perpetration of the crimes embraced within the four next preceding

      chapters shall be punished as principals in the commission of such crimes.

      • Teachers or persons in any other capacity charged with the education or

        guidance of youth shall also suffer a penalty ranging from temporary special

        disqualification in the maximum degree to perpetual special disqualification.'

    • Article 451

      Any person falling within the terms of the next preceding article, and any other persons guilty of the corruption of minors in pandering to the lust of another, shall suffer the penalty of disqualification for the office of guardian and for membership in the family council.

• Title X  Crimes Against Honor
  • Chapter I  Calumny
    • Article 452

      Calumny is the false imputation of a crime upon which a prosecution

      might be instituted by the Government of its own motion.

    • Article 453

      Calumny expressed publicly in writing shall be punished by prisión correccional in its minimum and medium degrees and a fine of not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas, if a grave felony be imputed, and by arresto mayor and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, if a less grave felony be imputed."

    • Article 454

      If the calumny shall not be expressed in writing and made public, the penalty therefor shall be:

      • 1

        That of arresto mayor in its maximum degree and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas, if a grave felony be imputed.

      • 2

        That of arresto mayor in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if a less grave felony be imputed."

    • Article 455

      Any person accused of calumny shall be acquitted, if he prove that the criminal act imputed was in fact committed.

      • The judgment declaring the imputation to constitute calumny shall be published in the official papers, if the person defamed shall request such publication.'

  • Chapter II  Insults
    • Article 456

      The offense of insult (injuria) consists of any statement or act which tends to bring another person into disrepute, discredit, or contempt. '

    • Article 457

      The offense of grave insults is committed by:

      • 1

        The imputation of a crime which can not be prosecuted by the Government

        upon its own motion.

      • 2

        The imputation of a vice or immorality, the consequences of which might

        seriously prejudice the reputation, standing, or material interests of the

        person insulted.

      • 3

        Acts which, by reason of their nature, or the occasion or circumstances

        of their commission, shall generally be regarded as insulting.

      • 4

        Insults which can reasonably be classified as grave, in view of the rank,

        dignity, and standing of the offender and of the person offended, respectively.'

    • Article 458

      The penalty for grave insults made publicly and in writing shall

      be destierro in its medium and maximum degrees and a fine of not less than

      six hundred and twenty-five and not more than six thousand two hundred and

      fifty pesetas.

      • In the absence of these circumstances the penalties shall be destierro in

        its minimum and medium degrees and a fine of not less than three hundred

        and twenty-five and not more than three thousand two hundred and fifty pesetas.'

    • Article 459

      Trifling insults shall be punished by arresto mayor in its minimum degree and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if expressed in writing with publicity.

      • In the absence of these circumstances they shall be treated as misdemeanors."

    • Article 460

      A person prosecuted for insulting another shall not be allowed to present evidence as to the truth of the imputations, unless the same shall have been made against government employees with respect to facts relating to the discharge of their official duties, in which cases the defendant shall be acquitted if he prove the truth of the imputation made by him.

  • Chapter III  General Provisions
    • Article 461

      The crimes of calumny and insults may be committed not only openly, but by means of allegories, caricatures, emblems, or innuendoes.

    • Article 462

      The offenses of calumny and insults shall be deemed to have been committed in writing and with publicity when expressed by means of printed, lithographed, or engraved papers, placards or signs posted up in public places, or by manuscript writings communicated to more than ten persons.

    • Article 463

      Any person charged with the offense of calumny or of insults expressed in ambiguous or equivocal language who shall refuse to give a satisfactory explanation thereof at the trial shall be punished as guilty of manifest calumny or insults, as the case may be.

    • Article 464

      The managers or editors of newspapers in which any calumny or insult shall have been published shall insert in such newspaper, within the period fixed by the law or in default thereof by the court, a retraction, or the text of the judgment of conviction, if required to do so by the person offended.

    • Article 465

      A prosecution for the offense of calumny or of insults may be instituted in every case by the heir of any deceased person to whom the calumny or insults refer; such prosecution may also be instituted by ascendants, descendants, spouse, brother, or sister of such deceased person, whenever the calumny or insult shall also affect them.

    • Article 466

      A prosecution may be had for any offense of calumny or of insults committed by means of publications in a foreign country.

    • Article 467

      No person shall be permitted to institute any prosecution for calumny or insults which have occurred in the course of a judicial proceeding without first obtaining the permission of the court in which such proceeding was conducted.

      • No person shall be prosecuted for calumny or for insults except upon the complaint of the person offended, unless the offensive language or conduct shall refer to some person in authority, or public corporation, or some particular class of persons, and subject also to the provisions of Chapter V of Title III of this book.

      • For the purposes of the three chapters of this title, not only natural persons, but also any duly constituted legal entity or juridical person shall be an offended party.

      • Any person guilty of calumny or of insults against any private individual shall be exempt from the penalty imposed if a pardon shall have been granted him by the person offended.

      • For the purposes of this article, Sovereigns and Princes of friendly or allied nations, diplomatic agents thereof, and any foreigners invested with official character, who may by treaty be included within this provision, shall be deemed to be persons in authority.

      • No prosecution shall be instituted in any case falling within the terms of the next preceding paragraph except at the special instance of the Government."

• Title XI  Crimes Against the Civil Status of Persons
  • Chapter I  Simulation of Births and Usurpation of Civil Status
    • Article 468

      The simulation of births, or the substitution of one child for another,

      shall be punished by presidio mayor and a fine of not less than six hundred

      and twenty-five and not more than six thousand two hundred and fifty pesetas.

      • The same penalty shall be imposed upon any person who shall conceal or abandon

        any legitimate child with intent to cause such child to lose its civil status.'

    • Article 469

      Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the commission of any of the crimes mentioned in the next preceding article shall suffer the penalty therein prescribed, and also the penalty of temporary special disqualification.

    • Article 470

      Any person who shall usurp the civil status of another shall suffer the penalty of presidio mayor.

  • Chapter II  Illegal Marriages
    • Article 471

      Any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved shall suffer the penalty of prisión mayor.

    • Article 472

      The marriage of persons in disregard of a detriment impediment shall be punished by prisión correccional in its medium and maximum degrees.

    • Article 473

      Any person who shall contract a marriage notwithstanding the existence of an impediment capable of dispensation shall be punished by a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • If by reason of his negligence the marriage shall not be validated by dispensation within a term to be fixed by the court, he shall suffer the penalty of prisión correccional in its medium and maximum degrees: Provided, however, That the penalty shall be remitted whenever the marriage is validated."

    • Article 474

      Any person who, by taking the parish priest by surprise or by deceiving him, shall induce such priest to perform the marriage ceremony when such marriage is illegal, although valid under the laws of the Church, shall suffer the penalty of prisión correccional.

      • If he shall have compelled such priest to officiate by means of violence or intimidation he shall suffer the penalty of prisión menor."

    • Article 475

      Any minor who shall marry without the consent of his or here parents, or other persons standing in loco parentis, shall suffer the penalty of prisión correccional in its minimum and medium degrees.

      • The offender shall be pardoned as soon as the parents or the persons referred to in the next preceding paragraph shall approved the marriage."

    • Article 476

      Any widow who shall marry within three hundred and one days after the death of her husband, or before being delivered, if she shall have been pregnant at the time of his death, shall suffer the penalties of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • The same penalty shall be imposed upon any woman whose marriage shall have been annulled, if she shall marry before her delivery or before the expiration of the period of three hundred and one days after the legal separation."

    • Article 477

      Any person who, without previous dispensation, shall marry his or her adopted son or daughter, or any descendants of such son or daughter, shall suffer the penalty of arresto mayor.

    • Article 478

      Any guardian or curator who, before his accounts shall have been lawfully approved, shall marry a person under guardianship, or shall consent to the marriage of his son or daughter, or of any descendant of such son or daughter, to the person formerly under his guardianship, unless the latter's father shall have duly authorized the marriage, shall suffer the penalties of prisión correccional in its medium and maximum degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 479

      Any ecclesiastical or civil authority who shall perform or authorize

      the ceremony in any marriage prohibited by law, or barred by an impediment

      not capable of dispensation, shall suffer the penalties of suspension in

      its medium and maximum degrees and a fine of not less than six hundred and

      twenty-five and not more than six thousand two hundred and fifty pesetas.

      • If the impediment shall be subject to dispensation, the penalty shall be

        destierro in its minimum degree and a fine of not less than three hundred

        and twenty-five and not more than three thousand two hundred and fifty pesetas.'

    • Article 480

      Any man knowingly contracting an illegal marriage, in violation of any of the provisions of this chapter, shall be sentenced to endow or make a settlement in favor of the woman in accordance with his means, if she shall have contracted the marriage in good faith.

• Title XII  Crimes Against Liberty and Security
  • Chapter I  Illegal Detentions
    • Article 481

      Any private individual who shall lock up or detain another, or in any manner deprive him of his liberty, shall suffer the penalty of prisión mayor.

      • The same penalty shall be imposed upon any person who shall provide a place for the commission of the crime.

      • If the offender shall release the person so locked up or detained, within three days after the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas."

    • Article 482

      The penalty for the crime mentioned in the next preceding article shall be reclusión temporal:

      • 1

        If the detention shall have lasted more than twenty days.

      • 2

        If it shall have been committed under pretense of the exercise of public authority.

      • 3

        If any serious physical injury shall have been inflicted upon the person locked up or detained or if threats to kill him shall have been made."

    • Article 483

      Any person who in any case other than that permitted by law, or

      without reasonable ground therefor, shall arrest or detain another for the

      purpose of taking the latter before the authorities shall suffer the penalties

      of arresto menor and a fine of not less than three hundred and twenty-five

      and not more than three thousand two hundred and fifty pesetas.

      • Any person who shall unlawfully detain any other person and shall fail to

        give account of his whereabouts, or to prove that he has set such person

        at liberty, shall suffer a penalty from cadena temporal in its maximum degree

        to cadena perpetua.

  • Chapter II  Kidnapping of Minors
    • Article 484

      The kidnapping of a child under seven years of age shall be punished by cadena temporal.

    • Article 485

      The same penalty shall be imposed upon any person who, having been given the custody of a minor, shall fail to restore such minor to his parents or guardians or give a satisfactory explanation concerning his disappearance.

    • Article 486

      Any person who shall induce a minor over the age of seven years

      to abandon the house of his parents, guardian, or other person having charge

      of such minor, shall suffer the penalties of arresto mayor and a fine of

      not less than three hundred and twenty-five and not more than three thousand

      two hundred and fifty pesetas.

      • Any person who shall kidnap a child under seven years of age, and shall

        fail to give information as to the whereabouts of such child, or to prove

        that he has released such child, shall suffer a penalty from cadena temporal

        in its maximum degree to cadena perpetua.

  • Chapter III  Abandonment of Children and Exploitation of Child Labor
    • Article 487

      Any person who shall abandon a child under seven years of age shall suffer the penalties of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • When the abandonment shall have taken place under such circumstances as to have occasioned the death of the child the offender shall suffer the penalty of prisión correccional in its medium and maximum degrees; if the life of the child shall have been imperiled only, the penalty shall be prisión correccional in its minimum and medium degrees.

      • The provisions of the two next preceding paragraphs shall be understood as being without prejudice to the imposition of the corresponding punishment, if the act committed shall constitute some other more serious crime."

    • Article 488

      Any person having charge of the rearing or education of a minor who shall deliver it to a public institution or some other person without the consent of the person who confided such child to his care, or, in the absence of such person, the consent of the authorities, shall be punished by a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • A penalty from cadena temporal in its maximum degree to cadena perpetua shall be imposed upon any person who shall abandon any child under seven years of age and shall fail to prove that he merely abandoned such child without committing any other crime."

    • Article 489

      The penalties of prisión correccional in its minimum and medium degrees and a fine of not less than one hundred and twenty-five and not more than one thousand two hundred and fifty pesetas prescribed by article four hundred and eighty-seven of the Penal Code shall be imposed upon:

      • 1

        Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, of strength, or of contortion.

      • 2

        Any person who, being by profession an acrobat, gymnast, rope-walker, diver, animal tamer, bull fighter, circus manager, or other similar callings, shall employ in any exhibition of this kind boys or girls under sixteen years of age who are not his children or descendants.

      • 3

        Any person engaged in any of the callings enumerated in the next preceding section who shall employ any child or descendant of his own under twelve years of age in such exhibitions. CHIaTc

      • 4

        Any ascendant, guardian, teacher, or person invested 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 two 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 prescribed shall be imposed in its maximum degree in every case.

        • In either case, any guardian or curator convicted shall also be removed from his office of guardian or curator; or, in the case of the parents of the child, they may be deprived temporarily or perpetually, in the discretion of the trial court, of their parental authority.

      • 5

        Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph two hereof, or to accompany any habitual vagrant or beggar."

    • Article 490

      The imposition of the penalties prescribed by the preceding articles shall always be understood as without prejudice to the imposition upon the same persons of any penalties corresponding to any felony or misdemeanor hereinbefore defined and punished by the Penal Code.

  • Chapter IV  Trespass to the Dwelling
    • Article 491

      Any private person who shall enter the dwelling of another against the latter's will shall suffer the penalties of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas. - item: Paragraph 2 content: | If the offense be committed by means of violence or intimidation, the penalties shall be prisión correccional in its medium and maximum degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 492

      The provisions of the next preceding article shall not be applicable to any person who enters another's dwelling for the purpose of preventing or evading some serious harm to himself, the occupants of the dwelling, or a third person, nor shall it be applicable to any person who enters a dwelling for the purpose of rendering some service to humanity or justice.

    • Article 493

      The provisions of this chapter shall not apply to cafés, taverns, inns and other public houses while open.

  • Chapter V  Coercion and Threats
    • Article 494

      Any person who shall threaten another with the infliction upon the person, honor, or property of the latter or his family of any wrong amounting to a crime shall suffer:

      • 1

        The penalty next lower in degree than that prescribed by law for the threatened crime, if the threat shall have been made for the purpose of extorting money or imposing any other condition, even though not unlawful, and the offender shall have gained his purpose; if the defendant shall not have attained his purpose, the penalty shall be that lower by two degrees.

        • The penalty shall be imposed in its maximum degree if the threats be made in writing or by means of an intermediary.

      • 2

        The penalty of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas, if the threat shall not have been made subject to a condition."

    • Article 495

      A threat to perpetrate a wrong not constituting a crime, made in the manner expressed in paragraph one of the next preceding article, shall be punished by arresto mayor.

    • Article 496

      In all cases falling within the two next preceding articles the person making the threat may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.

    • Article 497

      Any person who, without authority of law, shall by means of violence prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong, shall suffer the penalties of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 498

      Any person who by violence shall take possession of anything belonging to his debtor for the purpose of applying the same to the payment of the debt shall suffer the penalties of arresto mayor in its minimum degree and a fine equivalent to the value of the thing so seized: Provided, That the fine shall in no case be less than three hundred and twenty-five pesetas.

  • Chapter VI  Discovery and Revelation of Secrets
    • Article 499

      Any person who, in order to discover the secrets of another, shall take possession of his letters or papers and then divulge such secrets shall suffer the penalties of prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • If he shall not divulge such secrets, the penalties shall be arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

      • This provision shall not be applicable to husbands with respect to the papers or letters of their wives, to parents with respect to the papers or letters of their children, or to guardians or persons exercising similar authority with respect to the papers or letters of any minor under their care or custody."

    • Article 500

      Any manager, clerk, or servant to whom, in his capacity as such, the secrets of his principal or master shall become known, who shall divulge such secrets, shall suffer the penalties of arresto mayor and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 501

      Any agent, employee, or workman of any manufacturing or other industrial establishment who, to the damage of the owner, shall reveal the secrets of his industry shall suffer the penalties of prisión correccional in its minimum and medium degrees and a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

• Title XIII  Crimes Against Property
  • Chapter I  Robbery
    • Article 502

      The crime of robbery is committed by any person who, with intent

      to gain, shall take any personal property by the use of violence or intimidation

      against any person or force upon anything.

    • Article 503

      Any person guilty of robbery by the use of violence or intimidation upon any person shall suffer:

      • 1

        The penalty of cadena perpetua or death, when in consequence or on the occasion of the robbery a homicide shall have been committed.

      • 2

        A penalty ranging from cadena temporal in its medium degree to cadena perpetua whenever the robbery shall have been accompanied by any intentional violence or mutilation, or whenever in consequence or on the occasion thereof any of the physical injuries enumerated in paragraph one of article four hundred and sixteen shall be inflicted, or the person robbed held for ransom, or deprived of his liberty for more than one day.

      • 3

        The penalty of cadena temporal when in consequence or on the occasion of the robbery any of the physical injuries falling within paragraph two of the article mentioned in the next preceding paragraph shall have been inflicted.

      • 4

        A penalty ranging from presidio mayor in its medium degree to cadena temporal in its minimum degree, whenever the violence or intimidation employed in committing the robbery shall have been carried to a degree clearly unnecessary to the commission of the crime, or when in the course of the perpetration of the crime the offenders shall have inflicted upon any persons not connected with its commission any of the physical injuries falling within the terms of paragraphs three and four of article four hundred and sixteen.

      • 5

        With the penalty of presidio correccional to presidio mayor in its medium degree in other cases, except where the thing stolen was any kind of large cattle, in which case the guilty person shall be punished with the penalty of presidio correccional in its maximum degree to presidio mayor in its medium degree. [As amended by Act No. 2030, section 1.]"

    • Article 504

      If the offenses mentioned in paragraphs three, four, and five of

      the next preceding article shall have been committed in an uninhabited place,

      or by a band consisting of more than three armed men, or by attacking a

      moving train or entering the compartments of such a train intended for passengers,

      or in any manner taking such travelers by surprise in the cars, the offenders

      shall suffer the maximum degree of the penalty prescribed for such offenses.

      • The leader of the band, if any or all the members thereof are armed, shall

        suffer in the same cases the penalties next higher in degree.

    • Article 505

      Whenever three or more armed malefactors shall have acted together

      in the commission of a robbery it shall be deemed to have been committed

      by a band.

      • Any malefactor present at the time of the commission of a robbery by a band

        in an uninhabited place shall be punished as a principal for any other crime

        committed by such band, unless it appears that he attempted to prevent the

        same.

      • Any malefactor habitually forming part of a band shall be presumed to have

        been present at the time of the commission by it of any offense, unless

        the contrary be proven.

    • Article 506

      Any person guilty of the frustrated crime of robbery, or an attempt to commit this offense in conjunction with the commission of the crime mentioned in paragraph one of article five hundred and three, shall suffer a penalty ranging from cadena temporal in its maximum degree to cadena perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this code.

    • Article 507

      Any person who, with intent to defraud another, shall compel him by force or intimidation to sign, execute, or deliver any public instrument or other document shall be deemed guilty of robbery and shall suffer the penalties respectively prescribed by this chapter.

    • Article 508

      Any armed person who shall commit a robbery in an inhabited house, public building or edifice devoted to religious worship shall suffer a penalty ranging from presidio mayor in its medium degree to cadena temporal in its minimum degree, if the value of the property taken shall exceed one thousand two hundred and fifty pesetas, and the robber shall have entered the house or building in which the robbery was committed, or any dependency thereof, by any of the following means:

      • 1

        Through any opening not intended for entrance or egress.

      • 2

        By breaking any wall, roof, or floor, or forcing any door or window.

      • 3

        By making use of false keys, picklocks or other similar instruments.

      • 4

        By the breaking of doors, wardrobes, chests or any other kind of furniture or locked or sealed receptacle, or by taking the same away to be broken or forced open outside the place of the robbery.

      • 5

        By the use of any fictitious name or the simulation of authority.

      • If the malefactors do not carry weapons, and the value of the property taken exceeds one thousand two hundred and fifty pesetas, the penalty next lower in degree shall be imposed.

      • The same rule shall be applied when the malefactor carries arms, but the value of the property taken does not exceed one thousand two hundred and fifty pesetas.

      • If the malefactor does not carry arms, and the value of the property taken does not exceed one thousand two hundred and fifty pesetas, the minimum degree of the penalties respectively prescribed by the two next preceding paragraphs shall be imposed.

      • In the cases mentioned in the three last preceding paragraphs, when the thing stolen was any kind of large cattle the guilty persons shall be punished with the penalty of presidio correccional in its maximum degree to presidio mayor in its minimum degree. [As amended by Act No. 2030, section 2.]"

    • Article 509

      When the offenses mentioned in the next preceding article shall have been committed by an armed band of more than three persons in an uninhabited place, and the property taken be anything devoted to religious worship, the penalty shall be imposed in its maximum degree.

    • Article 510

      Any shelter which constitutes the dwelling of one or more persons

      shall be deemed an inhabited house, even though the inhabitants shall be

      temporarily absent when the robbery is committed.

      • All interior courts, corrals, warehouses, granaries, straw sheds, coach

        houses, stables and other inclosed places contiguous to any inhabited house

        or public edifice devoted to religious worship, having an interior entrance

        connected therewith, and which form part of the whole, shall be deemed dependencies

        of such house or edifice.

      • Orchards and other lands under cultivation are not included in the terms

        of the next preceding paragraph, even if contiguous to the building and

        having direct connection therewith.

    • Article 511

      When any robbery falling within the terms of article five hundred and eight shall have been committed in any dependency of an inhabited house, public building, or edifice devoted to religious worship, and the offender shall have gained entrance by scaling any exterior wall, but shall not have taken anything except cereals, fruits, or firewood, not exceeding in value sixty-five pesetas, a penalty ranging from arresto mayor in its medium degree to presidio correccional in its minimum degree shall be imposed.

    • Article 512

      Any robbery committed in an uninhabited place or in any building other than those mentioned in paragraph one of article five hundred and eight shall be punished by presidio correccional in its medium and maximum degrees, if the property taken exceeds in value one thousand two hundred and fifty pesetas, if any of the following circumstances are present:

      • 1

        If the entrance has been effected though any opening not intended for entrance or egress.

      • 2

        If any wall, roof, floor, or outside door or window has been broken.

      • 3

        If the entrance has been effected through the use of false keys, picklocks, or similar instruments.

      • 4

        If any door, wardrobe, chest, or any sealed or closed receptacle has been broken.

      • 5

        If any closed or sealed receptacle, such as those mentioned in the next preceding paragraph, has been removed, even if the same be broken open elsewhere than in the place where the robbery is committed.

      • If the value of the property taken shall not exceed one thousand two hundred and fifty pesetas, the next lower penalty shall be imposed.

      • In the cases mentioned in this article, when the thing stolen was any kind of large cattle the guilty persons shall be punished with the penalty of presidio correccional in its maximum degree to presidio mayor in its minimum degree. [As amended by Act No. 2030, section 3.]"

    • Article 513

      In any case falling within the terms of the next preceding article,

      if the value of the property taken shall not exceed sixty-five pesetas,

      the penalty of arresto mayor in its medium and maximum degrees shall be

      imposed.

      • If the robbers take any property falling within the classes mentioned in

        article five hundred and eleven, the penalty next lower in degree shall

        be imposed.

    • Article 514

      In any case of robbery falling within articles five hundred and eleven, five hundred and twelve, or five hundred and thirteen the penalty next higher in degree shall be imposed, if the offender shall have been twice or more a recidivist.

    • Article 515

      Any person who shall be found in possession of picklocks or other

      instruments specially adapted to the commission of the crime of robbery,

      and shall fail to give a satisfactory explanation of his acquisition and

      possession of such instruments, shall suffer a penalty ranging from arresto

      mayor in its maximum degree to presidio correccional in its minimum degree.

      • The same penalty shall be imposed upon any person who shall make such instruments.

        If the offender be a locksmith, the penalty of presidio correccional in

        its medium and maximum degrees shall be imposed.

    • Article 516

      The term "false keys" shall be deemed to include:

      • 1

        The instruments mentioned in the next preceding article.

      • 2

        Genuine keys stolen from the owner.

      • 3

        Any keys other than those intended by the owner for use in the lock opened

        by the offender.

  • Chapter II  Theft
    • Article 517

      The following are guilty of theft:

      • 1

        Any person who, with intent to gain, but without the use of violence or intimidation against any person or the use of force upon anything, shall take anything which is the personal property of another without the latter's consent.

      • 2

        Any person who, having found anything which has been lost, shall with knowledge of its ownership appropriate the same with intent of gain.

      • 3

        Any person guilty of malicious damage who shall remove or make use of the things damaged, subject to the exceptions established by paragraphs one, two, and three of article five hundred and ninety-two; paragraph one of article five hundred and ninety-three; paragraph one of article five hundred and ninety-five, and articles five hundred and ninety-six, five hundred and ninety-eight, and six hundred and three."

    • Article 518

      Any person guilty of theft shall suffer:

      • 1

        The penalty of presidio correccional in its medium and maximum degrees, if the value of the thing stolen shall exceed six thousand two hundred and fifty pesetas.

      • 2

        The penalty of presidio correccional in its minimum and medium degrees, if the value of the thing stolen shall exceed one thousand two hundred and fifty pesetas, but shall not exceed six thousand two hundred and fifty pesetas.

      • 3

        A penalty ranging from arresto mayor in its medium degree to presidio correccional in its minimum degree, if the value of the thing stolen shall exceed two hundred and fifty pesetas, but shall not exceed one thousand two hundred and fifty pesetas.

      • 4

        The penalty of arresto mayor to its full extent, if the value of the thing stolen shall exceed twenty-five pesetas, but shall not exceed two hundred and fifty pesetas.

      • 5

        The penalty of arresto mayor in its minimum and medium degrees, if the value of the thing stolen shall not exceed twenty-five pesetas.

      • 6

        The penalty for the theft of cereals, fruits, or firewood of the value of more than twenty-five pesetas, but not exceeding sixty-five pesetas in value, shall be punished by a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas.

    • Article 519

      The penalty of arresto mayor in its minimum and medium degrees shall

      be imposed upon:

      • Any person who, by the use of violence upon or the intimidation of another

        person, or by the use of force upon anything, shall enter any fenced estate

        or forbidden field for the purpose of hunting or fishing.

      • Any person who shall hunt or fish upon such an estate or in such a field,

        without the permission of the owner and by the use of means prohibited by

        the ordinances.

      • In case of simultaneous concurrence of the circumstances mentioned in the

        two next preceding paragraphs, the offender shall suffer the penalty of

        arresto mayor in its maximum degree.

    • Article 520

      The penalties next higher in degree than those respectively prescribed

      in the next two preceding articles shall be imposed for the crime of theft:

      • 1

        If the property taken be something devoted to religious worship, or if

        the theft be committed on the occasion of any religious ceremony, or in

        any building devoted to such ceremonies.

      • 2

        If the offender be a domestic servant or shall have been guilty of a

        serious breach of the confidence reposed in him.

      • 3

        If the offender shall have been twice or more a recidivist.

      • 4

        If the thing stolen was any kind of large cattle. [As amended by Act No. 2030, section 4.]

  • Chapter III  Usurpation
    • Article 521

      Any person who, by the use of violence upon or intimidation of another person, shall take possession of any real property or shall usurp any real right in property belonging to another, shall suffer, in addition to the penalties to which he may be liable by reason of the acts of violence committed, a fine of not less than fifty and not more than one hundred per centum of the benefit which he may have obtained: Provided, That the fine shall not be less than three hundred and twenty-five pesetas.

      • If the benefit can not be calculated, a fine of not less than three hundred and twenty-five and not more than three thousand two hundred and fifty pesetas shall be imposed.

    • Article 522

      Any person who shall alter the boundary marks or monuments of any

      township or estate, or any other marks intended to designate the boundaries

      or adjacent estates, shall be fined from fifty to one hundred per centum

      of the benefit which shall have been or might have been obtained thereby.

      • If the benefit can not be calculated, a fine of not less than three hundred

        and twenty-five and not more than three thousand two hundred and fifty pesetas

        shall be imposed.

  • Chapter IV  Frauds
    • Section I  Absconding, Fraudulent Bankruptcy or Insolvency
      • Article 523

        Any person who shall abscond with his property to the prejudice of his creditors shall suffer the penalties of presidio mayor, if he be a merchant, and a penalty ranging from presidio correccional in its maximum degree to presidio mayor in its medium degree, if he be not a merchant.

      • Article 524

        Any person declared to be a fraudulent bankrupt under the provisions of the Code of Commerce shall suffer a penalty ranging from presidio correccional in its maximum degree to presidio mayor in its medium degree.

      • Article 525

        Any bankrupt who shall have been declared a culpable insolvent upon any of the grounds enumerated in article one thousand and five of the Code of Commerce shall suffer the penalty of prisión correccional in its minimum and medium degrees.

        • Any bankrupt who shall not have kept his account books in the form and with all the requisites prescribed by Section II of Title II of Book I of the Code of Commerce, when his failure to do so shall have caused damage to some other person, and any person who, being a bankrupt, shall fail to make the statement of bankruptcy within the time and in the manner designated in article one thousand and seventeen of the Code of Commerce, shall suffer the penalty of arresto mayor."

      • Article 526

        In all cases falling within the provisions of the two next preceding

        articles, if the damage occasioned to creditors shall not amount to ten

        per centum of their respective claims, the penalties next lower in degree

        than those designated in said articles shall be imposed upon the bankrupt.

        • When the loss shall exceed fifty per centum, the penalties prescribed

          in the two articles above mentioned shall be imposed in their maximum

          degree.

      • Article 527

        The penalties prescribed by the three articles next preceding shall be applicable to persons habitually engaged in commerce, even though not registered as such.

      • Article 528

        Any person who shall commit any of the acts mentioned in article one thousand and ten of the Code of Commerce shall be punished as an accomplice in the crime of fraudulent insolvency.

      • Article 529

        A penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree shall be imposed upon any insolvent, not a merchant, whose insolvency shall be in whole or in part due to any of the following facts:

        • 1

          Domestic and personal expenditures which are excessive and disproportionate when considered in relation to his fortune, and the circumstances of his rank and family.

        • 2

          Losses in gambling of any kind in excess of the amounts which the prudent father of a family would risk in amusements of this kind.

        • 3

          Losses arising from heavy wagers, fictitious buying or selling, or other operations of exchange the success of which depends wholly upon chance.

        • 4

          The sale of any property for an amount notoriously less than its value, when he shall have been still indebted for the purchase price thereof.

        • 5

          Delay in making a voluntary application to be declared a bankrupt, if his liabilities shall be three times greater than his assets."

      • Article 530

        A penalty ranging from presidio correccional in its maximum degree to presidio mayor in its minimum degree shall be imposed upon any insolvent not a merchant whose insolvency in whole or in part shall be due to any of the following facts:

        • 1

          The inclusion of fictitious expenses, losses, or debts, or the suppression of any property or assets in any statement of debts, list of property, or petition presented to the courts.

        • 2

          The conversion or misappropriation of any property belonging to another, delivered to the insolvent for safe-keeping, on commission, or for administration.

        • 3

          The simulation of the sale or incumbrance of any of his property, credits, or amounts due him.

        • 4

          The acquisition for a valuable consideration of property to which title has been taken in the name of some other person.

        • 5

          The payment to the prejudice of other creditors of a debt not maturing until a period subsequent to the declaration of insolvency.

        • 6

          The misappropriation, after the declaration of bankruptcy, of any property pertaining to his estate."

      • Article 531

        The provisions of article five hundred and twenty-six shall be applicable to cases falling within the two next preceding articles.

      • Article 532

        Any person shall be deemed an accomplice in the commission of the crime of fraudulent insolvency committed by any person not a merchant, and be punishable as such, who shall:

        • 1

          Conspire with the insolvent to simulate or fictitiously increase a claim against the latter, or alter its character or date in order to give it preference in the classification of claims, to the prejudice of other creditors, even though it be done before the declaration of insolvency.

        • 2

          Assist the insolvent to conceal or remove his property.

        • 3

          Conceal from the person charged with the administration of the assets of the insolvent the existence of property in the possession of the accomplice belonging to the insolvent, or shall deliver such property to the insolvent instead of to the person administering his estate.

        • 4

          Enter into any private agreement with the insolvent to the prejudice of other creditors."

      • Article 533

        The penalties prescribed in this chapter shall be imposed in the medium and maximum degrees upon any bankrupt or insolvent who shall not restore anything deposited with him under stress of necessity.

    • Section II  Swindling and Other Deceits
      • Article 534

        Any person who shall defraud another in the substance, quantity, or quality of anything which he shall deliver the latter by virtue of an obligation to do so shall suffer:

        • 1

          The penalty of arresto mayor in its minimum and medium degrees, if the fraud shall not exceed two hundred and fifty pesetas.

        • 2

          A penalty ranging from arresto mayor in its medium degree to presidio correccional in its minimum degree, when the fraud is not less than two hundred and fifty and not more than six thousand two hundred and fifty pesetas.

        • 3

          The penalty of presidio correccional in its minimum and medium degrees, when the fraud exceeds six thousand two hundred and fifty pesetas."

      • Article 535

        The penalties prescribed by the next preceding article shall be imposed upon:

        • 1

          Any person who shall defraud another by the use of any fictitious name, or by falsely pretending to possess any power, influence, qualification, property, credit, agency, or business, or by means of any similar deceit other than those hereinafter enumerated.

        • 2

          Any silversmith or jeweler who shall defraud another by altering the quality, fineness, or weight of anything pertaining to his art or business.

        • 3

          Any tradesman who shall defraud another by using short weights or measures in the sale of the articles in which he deals.

        • 4

          Any person who shall defraud another by pretending to have bribed any government employee, without prejudice to a prosecution for calumny at the instance of such government employee.

          • Persons falling within the terms of the three next preceding paragraphs shall suffer the maximum degree of the penalty prescribed.

        • 5

          Any person who, to the prejudice of another, shall convert or misappropriate any money, goods, or other personal property received by such person for safe-keeping, or on commission, or for administration, or under any other circumstances giving rise to the obligation to make delivery of or to return the same or shall deny having received such money, goods, or other property.

          • The corresponding penalty shall be imposed in its maximum degree, if the thing converted or misappropriated shall be deposited with the offender under the stress of necessity.

        • 6

          Any person who shall commit a fraud by writing any document above the signature in blank of another, to the prejudice of the latter, or of any third person.

        • 7

          Any person who shall commit a fraud by inducing another by means of deceit, to sign any document.

        • 8

          Any person who shall make use of fraud to insure success in any gambling game.

        • 9

          Any person who shall commit a fraud by exposing, concealing or destructing in whole or in part any court record, office files, document, or any other paper.

        • When the same offense is committed without intent to defraud, the person guilty thereof shall be fined from three hundred and twenty-five to three thousand two hundred and fifty pesetas."

      • Article 536

        Any person guilty of any of the crimes enumerated in the preceding paragraphs shall suffer the penalties respectively higher by one degree, if they shall have been convicted more than twice of the same or any similar crime.

      • Article 537

        Any person who, pretending to be the owner of any real property,

        shall have leased or encumbered the same shall suffer the penalty of arresto

        mayor in its minimum and medium degrees and be fined in a sum not less

        than the amount of the damage caused thereby and not exceeding three times

        such amount.

        • The same penalty shall be imposed upon any person who, knowing a thing

          to be encumbered, shall dispose of the same as free from encumbrance.

      • Article 538

        The penalties prescribed by the next preceding article shall be

        imposed upon:

        • 1

          The owner of any personal property who shall wrongfully take it from

          any person lawfully in possession thereof, to the prejudice of the latter

          or any third person.

        • 2

          Any person who, to the prejudice of another, shall execute any fictitious contract.

      • Article 539

        The penalties prescribed by article five hundred and thirty-seven shall be imposed upon any person guilty of any fraud affecting literary or industrial property.

      • Article 540

        Any person who, by taking advantage of the inexperience or passions of a minor, shall induce him to assume any obligation prejudicial to such minor, or to give any acquittance or execute a transfer of any property right in consideration of the loan of money, credit, or any other personal property, whether the loan clearly appears or is covered under any other form, shall suffer the penalties of arresto mayor and a fine of not less than ten and not more than fifty per cent of the amount of the obligation executed by the minor.

      • Article 541

        Any person who shall defraud or damage another by the use of any deceit not mentioned in the preceding articles of this section shall be fined in a sum not less than the amount of the damage caused and not more than twice such amount; if the offender be a recidivist, the penalty shall be double the amount of the damage and arresto mayor in its medium and maximum degrees.

  • Chapter V  Machinations to Alter the Price of Things
    • Article 542

      Any person who shall solicit any gift or promise as a consideration for agreeing to refrain from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by means of any threats, gifts, promises or any other artifice, with intent to affect the price of the thing auctioned, shall be fined in a sum not less than ten per centum and not more than fifty per centum of the value of the thing auctioned, unless a higher penalty may be properly imposed for the threats or other means so employed.

    • Article 543

      Any person who shall combine for the purpose of raising or lowering wages to an abusive extent, or to regulate the conditions of labor, and shall have commenced to carry such combination into effect, shall suffer the penalty of arresto mayor.

      This penalty shall be imposed in its maximum degree upon the leaders and instigators of the combination and upon any person who, with the object of insuring the success of the combination, shall make use of any violence or threats, unless a higher penalty may be properly imposed therefor.

    • Article 544

      Any persons who by spreading false rumors or making use of any other artifice shall succeed in altering the prices which would naturally be obtained in free competition for merchandise, stocks, public and private securities, or any other thing which may be the object of trade and commerce, shall suffer the penalties of arresto mayor and a fine of not less than one thousand two hundred and fifty and not more than twelve thousand five hundred pesetas.

    • Article 545

      If the offense mentioned in the next preceding article should affect any food substances or other articles of prime necessity, the maximum degree of the penalty shall be imposed.

      For the purpose of imposing this penalty, it shall be sufficient that a commencement has been made toward carrying out the purposes of the combination.

  • Chapter VI  Pawnshops
    • Article 546

      Any person who, being engaged in the business of making loans upon pledges, wages, or salaries, shall fail to keep books of account and entering therein, without leaving blank spaces or making interlineations, the amounts so loaned, the terms and interest of the loans, the names and residences of the persons receiving such loans, the nature, quality, and value of the things pledged, and any other particulars which may be required by the regulations, shall be fined from one thousand two hundred and fifty to twelve thousand five hundred pesetas.

    • Article 547

      Any pawnbroker who shall fail to give a receipt for a pledge or security received by him shall be fined in an amount not less than double the value of such pledge or security and not more than five times such value.

  • Chapter VII  Arson and Other Crimes Involving Destruction
    • Article 548

      A penalty ranging from cadena temporal in its maximum degree to

      cadena perpetua shall be imposed upon:

      • 1

        Any person who shall burn any arsenal, shipyard, storehouse, powder factory,

        military fireworks factory, park of artillery, archive or general museum

        belonging to the Government.

      • 2

        Any person who shall set fire to a passenger train in motion or to a

        vessel out of port.

      • 3

        Any person who shall set fire to any storehouse containing inflammable

        or explosive material situated in any populated place.

      • 4

        Any person who shall set fire to any theater, church, cockpit, or other

        building where meetings are held, while occupied by a numerous assemblage.

    • Article 549

      A penalty ranging from cadena temporal to cadena perpetua shall be imposed upon any person who shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons.

    • Article 550

      The penalty of cadena temporal shall be imposed upon:

      • 1

        Any person who shall set fire to a public building, if the amount of the damage done shall exceed six thousand two hundred and fifty pesetas.

      • 2

        Any person who shall set fire to any inhabited house or any building in which people are accustomed to meet together, without knowing whether or not such building or house was occupied at the time, or any freight train in motion, if the damage caused in such cases shall exceed six thousand two hundred and fifty pesetas."

    • Article 551

      The penalty of presidio mayor shall be imposed upon:

      • 1

        Any person who shall commit any of the crimes falling within the next

        preceding article if the amount of damage done shall not exceed six thousand

        two hundred and fifty pesetas.

      • 2

        Any person who shall set fire to any building not used as a dwelling

        or place of assembly, but standing in a populated place, if the amount of

        damage done shall exceed six thousand two hundred and fifty pesetas.

      • 3

        Any person who shall set fire to any hacienda, mill, sugar mill, bamboo

        grove, or any other similar plantation, if the damage done shall exceed

        six thousand two hundred and fifty pesetas.'

    • Article 552

      If the damage caused in any case falling within paragraphs two and

      three of the next preceding article shall not exceed six thousand two hundred

      and fifty pesetas, but shall exceed six hundred and fifty pesetas, the defendant

      shall suffer the penalty of presidio correccional in its medium and maximum

      degrees.

      • If the damage shall not exceed six hundred and fifty pesetas, the penalty

        of presidio correccional in its minimum and medium degrees shall be imposed.'

    • Article 553

      A penalty ranging from presidio correccional in its maximum degree to presidio mayor in its medium degree shall be imposed, when the damage done exceeds six thousand two hundred and fifty pesetas, upon:

      • 1

        Any person who shall set fire to any building used for a dwelling situated in a country place.

      • 2

        Any person who shall set fire to standing grain, pasture lands, forests, or plantations."

    • Article 554

      In any case falling within the provisions of the next preceding article, in which the damage shall be more than six hundred and fifty and not more than six thousand two hundred and fifty pesetas, the penalty shall be from presidio correccional in its medium degree to presidio mayor in its minimum degree.

    • Article 555

      If the damage shall not amount to six hundred and fifty pesetas, the penalty next lower in degree shall be imposed, if the offense be committed by setting fire to a building; if the offense be committed by setting fire to standing grain, pastures, forests, or plantations, the penalty shall be lower by two degrees.

    • Article 556

      Any person who shall set fire to standing grain, pastures, forests, or plantations under circumstances which make it possible for the fire to spread to other contiguous grain fields, pastures, forests, or plantations, the penalty next higher in degree than that prescribed for the offense shall be imposed.

    • Article 557

      Any person who shall set fire to anything not falling within the terms of the preceding articles shall suffer:

      • 1

        The penalty of arresto mayor in its medium and maximum degrees, if the damage caused shall not exceed one hundred and twenty-five pesetas.

      • 2

        A penalty ranging from arresto mayor in its maximum degree to presidio correccional in its minimum degree, if the damage caused shall exceed one hundred and twenty-five pesetas, but not exceeding one thousand two hundred and fifty pesetas.

      • 3

        The penalty of presidio correccional in its minimum and medium degrees, if the damage caused shall exceed one thousand two hundred and fifty pesetas, but not exceeding six thousand two hundred and fifty pesetas.

      • 4

        The penalty of presidio correccional in its medium and maximum degrees, if the damage shall exceed six thousand two hundred and fifty pesetas."

    • Article 558

      Any person who shall set fire to any uninhabited hut, storehouse, barn, shed, or any other thing, the value of which shall not exceed six hundred and twenty-five pesetas, committed at a time and under circumstances which clearly exclude all danger of the fire spreading, shall not suffer the penalties prescribed by this chapter, but the penalty which may be properly imposed under the provisions of the following chapter for the mischief done by him.

    • Article 559

      The penalties respectively prescribed by this chapter shall be imposed upon any person who shall cause any great damage by the sinking or stranding of a ship, causing an inundation, the explosion of a mine or the boiler of a steam engine, taking up the rails from a railway track, maliciously changing the signals used in the railway service for the safety of moving trains, destroying telegraph wires and telegraph posts and, in general, by making use of any other agency or means of destruction as powerful as those above enumerated.

    • Article 560

      Any person guilty of arson or of causing any great destruction to property belonging to others shall suffer the penalties prescribed by this chapter, even though he shall have set fire to or destroyed property belonging to himself for the purpose of committing the crime.

    • Article 561

      If the things burned shall be the exclusive property of the incendiary, he shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree, if the arson shall have been committed with intent to defraud or cause damage to another, or if, though this intent be lacking, such damage or prejudice shall actually have been caused, or if the thing burned shall have been a building standing in a populated place.

  • Chapter VIII  Malicious Mischief
    • Article 562

      Any person who shall cause the property of another any damage not falling within the terms of the preceding chapter shall be guilty of malicious mischief, and shall suffer the penalties hereinafter prescribed therefor.

    • Article 563

      The penalty of prisión correccional in its minimum and medium degrees shall be imposed upon any person or persons who shall cause any damage, the extent of which exceeds six thousand two hundred and fifty pesetas, if the same be committed under any of the following circumstances:

      • 1

        With intent to embarrass the exercise of public authority or as an act of revenge for any act performed by any person in authority in his official capacity, whether the crime be committed against government employees or against private individuals who as witnesses or in any other manner have aided or might aid in the execution or enforcement of the law.

      • 2

        By spreading any infection or contagion in any way among horses or cattle.

      • 3

        By the use of any poisonous or corrosive substances.

      • 4

        In an uninhabited place or by a band of more than three armed persons.

      • 5

        In any archive or registry.

      • 6

        On any bridge, road, promenade, or in any place used in common by the public.

      • 7

        When the person injured is thereby ruined.

    • Article 564

      Any person who, under any of the circumstances mentioned in the next preceding article, shall cause any damage exceeding one hundred and twenty-five pesetas in amount, but not exceeding six thousand two hundred and fifty pesetas, shall suffer the penalty of arresto mayor.

    • Article 565

      The burning or destruction of papers or documents, the value of which can be calculated, shall be punished in accordance with the provisions of this chapter.

      • If the value can not be calculated, a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its medium degree and a fine of not less than six hundred and twenty-five and not more than six thousand two hundred and fifty pesetas shall be imposed.

      • The provisions of this article shall be understated as applicable only when the offense committed does not constitute some more serious crime."

    • Article 566

      Any person guilty of committing any act of damage not included within

      the preceding articles, the amount of which shall exceed one hundred and

      twenty-five pesetas, shall be fined in a sum not less than the amount of

      such damage, and not more than three times such amount, provided that the

      fine shall in no case be less than two hundred pesetas.

      • This rule shall not be applicable to damages caused by cattle or other damages

        which should be classified as misdemeanors under the provisions of Book

        III of this Code.

      • The provisions of this chapter shall only be applicable when, as provided

        by article five hundred and seventeen, no higher penalty can be imposed

        for the offense.

  • Chapter IX  General Provisions
    • Article 567

      No criminal, but only civil, liability shall result from the commission

      of the crimes of theft, fraud, or malicious mischief committed or caused

      by the following persons, one against the other:

      • 1

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

      • 2

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

      • 3

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

      • The exception established by this article shall not be applicable to outsiders

        who shall participate in the crime.

• Title XIV  Reckless Imprudence
  • Article 568

    Any person who by reckless imprudence shall commit any act which, had it been intentional, would constitute a grave felony shall suffer a penalty ranging from arresto mayor in its maximum degree to prisión correccional in its minimum degree; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium degrees shall be imposed.

    • Any person who, while violating any regulation, shall, by any act of imprudence or negligence not amounting to reckless imprudence, commit an offense, shall suffer the penalty of arresto mayor in its medium and maximum degrees.

    • In the application of these penalties the courts shall act upon their own discretion without subjection to the rule established by article eighty-one

    • The provisions of this article shall not apply if the penalty prescribed for the offense committed be equal to or less than those mentioned in paragraph one hereof, in which case the court shall impose the penalty next lower than the one prescribed for the offense in any degree which it may deem proper."

• Title I  Misdemeanors Against Public Order
  • Article 569

    A fine of not less than seventy and not more than three hundred and twenty pesetas shall be imposed upon:

    • 1

      Any person who, by means of printing, lithography, or any other means of

      publication, but without committing a felony, shall maliciously publish as

      news any false statement which may endanger public order or cause damage to

      the interests or credit of the State.

    • 2

      Any person who, by the same means, but without committing a felony, shall

      encourage disobedience to the law or to the constituted authorities, shall

      justify any act which the law declares to be a felony, or shall offend against

      public morals, good customs, or public decency.

    • 3

      Any person who shall maliciously publish any official orders, resolutions,

      or documents without proper authority, before they have been published officially. '

  • Article 570

    Any person who shall throw stones at or soil any statue or picture

    or cause any damage in streets, parks, gardens, or promenades, to any public

    light, or to any decorative object or thing devoted to the use or amusement

    of the public, even if the property of a private individual, shall be fined

    in a sum not less than double the amount of the damage done and not more than

    four times such amount, unless the offense committed be of such gravity as

    to fall within some provision of Book II of this code.

    • The same penalty shall be imposed upon any person who shall violate any rule

      concerning or relating to the embellishment of towns.

  • Article 571

    The penalties of arresto from one to ten days and a fine of from fifteen to one hundred and twenty-five pesetas shall be imposed upon:

    • 1

      Any person who shall disturb or interrupt any ceremony of a religious character

      in any manner not falling within the provisions of Section III, Chapter II,

      Title II of Book II of this code.

    • 2

      Any person who by exhibiting any print or engraving, or by any other conduct

      not amounting to a felony, shall offend against morality and decency without

      committing a felony.

  • Article 572

    The penalties of arresto for not less than one and not more than five days and a fine of fifteen to one hundred and twenty-five pesetas shall be imposed upon any person who, within any town or public place, shall discharge any firearm, rocket, firecracker, or any projectile calculated to cause alarm or danger.

  • Article 573

    The penalties of arresto for not less than one and not more than fifteen days and a fine of seventy-five to two hundred pesetas shall be imposed upon:

    • 1

      Any person who shall cause any slight disturbance in any court or local tribunal, or in any public proceeding, exhibition, numerous assemblage, or occasion of solemnity.

    • 2

      Any subordinate employee in the civil service who shall fail to treat his superiors with the proper respect and submission, if no higher penalty be prescribed for the offense in this code or in any other law."

  • Article 574

    The penalties of a fine of fifteen to one hundred and twenty-five pesetas and censure shall be imposed upon:

    • 1

      Any person who shall instigate or take part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.

    • 2

      Any person who, without being guilty of a felony, shall disturb public order while wandering about at night or while engaged in any other nocturnal amusements.

    • 3

      Any person who, while intoxicated, shall cause any disturbance or scandal.

    • 4

      Any person who, without violating any other provision of this code, shall cause any light disturbance of public order by the use of means reasonably tending to cause alarm or disturbance.

    • 5

      Anyone who shall fail to treat any person in authority with the proper respect and consideration or shall slightly disobey such a person by failing to carry out any private orders given him, if the lack of respect or the disobedience shall not constitute a felony.

    • 6

      Any person who, by any act not constituting a felony, shall offend any agent of the authorities while engaged in the discharge of his duties, or shall disobey such agent under the same circumstances.

    • 7

      Any person who shall fail to render the authorities any assistance called for on the occasion of the commission of any crime, or of a fire, shipwreck, inundation, or other calamity, if such assistance could have been rendered without harm or personal risk to the offender."

  • Article 575

    The penalty of a fine of not less than seventy and not more than two

    hundred pesetas shall be imposed upon any person who shall conceal his true

    name, residence, or rank from any person in authority, or other public officer,

    who, in his official capacity, shall have demanded a statement of the same.

  • Article 576

    The penalty of a fine of not less than fifteen and not more than one

    hundred and twenty-five pesetas shall be imposed upon:

    • 1

      Any person who, not being the possessor of an academic degree, shall do

      anything pertaining to the practice of any profession for which such degree

      is required, unless he shall have been thereunto specially authorized by proper

      authority.

    • 2

      Any person who shall use any mask or disguise in violation of the orders

      of any competent authority.

    • 3

      Any person who shall use any weapon without a license.

• Title II  Misdemeanors Against the General Interest of Towns
  • Article 577

    The penalty of arresto for not less than one and not more than ten days or a fine of not less than fifteen and not more than one hundred and twenty-five pesetas shall be imposed upon:

    • 1

      Any person who shall refuse to receive any lawful coin in the payment of a debt.

    • 2

      Any person who, having in good faith received any counterfeit money, shall pay out the same in a sum not exceeding three hundred and twenty-five pesetas and not less than seventy pesetas, knowing it to be counterfeit.

    • 3

      Any tradesman or vendor who shall have any fraudulent weights or measures or shall in any manner violate the rules concerning weights and measures established for the class of business to which he may belong.

    • 4

      Any person who, in the sale of anything, shall defraud the public either as to quantity or quality by means of any act for which no penalty is expressly prescribed.

    • 5

      Any tradesman or dealer who shall be found in possession of any food substances not up to the prescribed standard as to weight, measure, or quality."

  • Article 578

    The penalty of arresto for not less than five and not more than fifteen

    days and a fine of seventy to two hundred pesetas shall be imposed upon:

    • 1

      Any person or persons who shall spread any false rumors or make use of

      any other unlawful device for the purpose of affecting the natural prices

      of things, unless the offense shall constitute a felony.

    • 2

      Any person who shall violate any police rules intended to secure supplies for towns.

  • Article 579

    Any person who in any public place or establishment shall start or take part in any game of chance not authorized by the police regulations shall be fined not less than fifteen and not more than seventy pesetas.

  • Article 580

    The penalties of arresto for not less than five and not more than fifteen days and a fine of not less than seventy and not more than two hundred pesetas shall be imposed in all cases not falling within Book II of this code upon:

    • 1

      Any pharmacist or duly authorized person in charge of a drug store who shall dispense medicines of bad quality.

    • 2

      Any owner or manager of any restaurant, confectionery store, bakery, or other similar establishment who shall serve any adulterated or spoiled beverage or food prejudicial to health, or shall fail to comply with any established rules or to take the usual precautions in the use and preservation of vessels, measures, and utensils used in the service, if the offense shall not constitute a felony."

  • Article 581

    A fine of not less than fifteen and not more than seventy pesetas and censure shall be imposed upon:

    • 1

      Any person who shall violate any rule established by the authorities in times of epidemic or contagion.

    • 2

      Any person who shall violate the regulations, ordinances, or proclamations issued with reference to any epidemic disease among animals, the extermination of locusts, or any other similar plague.

    • 3

      Any person who shall violate any sanitary order emanating from the Government concerning the transportation of corpses and burials, in cases not falling within the provisions of Book II of this code.

    • 4

      Any person who shall be guilty of the profanation of any dead body, cemetery, or burial place by the commission of any act not constituting a felony.

    • 5

      Any person who shall throw any dead animals, garbage, or rubbish in any street or other public place where the deposit of such things is forbidden, or shall befoul any spring or watering place.

    • 6

      Any person who shall violate any police regulation or proclamation concerning the elaboration of any fetid or insalubrious substances, or shall throw such substances into the streets.

    • 7

      Any person who, by the commission of an act not constituting a felony, shall violate any regulation, ordinance, or proclamation relating to the public health made by the authorities within the scope of their power."

  • Article 582

    The penalties of arresto for not less than one and not more than five days and a fine of not less than fifteen and not more than one hundred and twenty-five pesetas shall be imposed upon:

    • 1

      Any person who shall give any public entertainment or hold a meeting of any kind without first having obtained the proper license, or who shall exceed the limitations established by such license, if granted.

    • 2

      Any person who shall open an establishment of any kind without obtaining a license from the authorities, if required."

  • Article 583

    The penalties of arresto for not less than five and not more than

    ten days and a fine of not less than seventy and not more than two hundred

    pesetas shall be imposed upon:

    • 1

      Any person who shall extinguish any public light or any light placed on the outside of any building or in any doorway or stairway thereof.

    • 2

      Any person who shall violate any rule relating to the public lighting, when this service is performed by private individuals.

  • Article 584

    A fine of not less than fifteen and not more than one hundred and twenty-five pesetas or censure shall be imposed upon:

    • 1

      Any physician or surgeon or other person lawfully authorized to attend the sick who, having observed on any person attended by him or upon a dead body any signs of poisoning or of the commission of any other crime, shall fail to report the same to the authorities, unless the circumstances be such that a higher penalty may be imposed.

    • 2

      Any person charged with the care or custody of an insane person who shall permit the latter to wander about the streets and other public places without proper surveillance.

    • 3

      Any person who is the owner of any ferocious or harmful animal who shall permit such animal to go at large or shall keep the same in such a way that it may cause damage.

    • 4

      Any person who shall violate any regulation, ordinance, or proclamation concerning public vehicles.

    • 5

      Any person who shall drive any horse or carriage through any street, promenade, or public place to the peril of the public (transeuntes) or in violation of any ordinance or proclamation conducive to good government (de buen gobierno).

    • 6

      Any person who shall in any way obstruct any sidewalk, street, or other public place.

    • 7

      Any person who shall throw into any street or other public place any water, stone, or other thing which may cause harm to persons or property, if no higher penalty may be imposed for the offense committed by reason of its gravity or other circumstances.

    • 8

      Any person who shall maintain upon the exterior of his dwelling, facing upon a street or public way, anything which is capable of causing harm to passers-by."

  • Article 585

    A fine of not less than fifteen and not more than one hundred and twenty-five pesetas shall be imposed upon:

    • 1

      The owner of any restaurant, inn, or other establishment intended for the entertainment of guests who shall fail to transmit to the authorities the reports and information required by regulation, ordinance, or proclamation at the time and in the manner therein prescribed.

    • 2

      Any domestic servant, menial, or clerk who shall fail to comply with any rules established by public authority as a measure of precaution and security."

  • Article 586

    A fine of not less than seventy and not more than two hundred pesetas shall be imposed upon:

    • 1

      Any person who shall violate any regulation established for the purpose

      of preventing the spread of fires from steam engines, boilers, furnaces, stoves,

      chimneys, or other like things, or shall place or construct the same in violation

      of any regulation, ordinance, or proclamation, or shall cause any danger of

      fire by failing to clean or care for the same.

    • 2

      Any person who, in violation of the orders of the authorities, shall fail to repair any building of ill appearance or ruinous condition.

    • 3

      Any person who shall violate any rule of safety concerning the deposit of materials or the digging of wells or excavations.

    • 4

      Any person who shall violate any regulation, ordinance, or proclamation of the authorities with regard to the elaboration and custody of inflammable or corrosive materials or chemical products capable of causing great destruction.

• Title III  Misdemeanors Against Persons
  • Article 587

    The penalty of arresto menor shall be imposed upon any person who shall inflict upon another any physical injuries which shall prevent the person injured from working for a period of from one to seven days, or shall make medical attendance necessary for the same period.

    • If the offender shall be the father, son, husband, or guardian of the person injured, the maximum degree of the penalty shall be imposed, whatever may be the circumstances of the case."

  • Article 588

    The penalties of arresto for not less than five and not more then fifteen days and censure shall be imposed upon:

    • 1

      Any person who shall inflict upon another physical injuries which shall not prevent the latter from engaging in his customary labor or require medical attendance.

    • 2

      Any husband who shall illtreat his wife, even without causing any of the physical injuries mentioned in the next preceding paragraph.

    • 3

      Any disobedient wife who shall illtreat her husband by word or deed.

    • 4

      Any married persons who, by their domestic dissensions, shall cause any disturbance after having been once warned by the authorities, unless the case shall fall within the provisions of Book II of this Code.

    • 5

      Any father of a family who shall abandon his children or fail to give them the education proper to their station in life and within his means.

    • 6

      Any guardian, curator, or person in charge of a child under fifteen years of age who shall disobey the rules concerning obligatory primary education, or shall abandon the care of such child.

    • 7

      Any child who shall fail to treat its parents with proper respect and submission.

    • 8

      Any ward who shall be guilty of a similar fault with respect to his guardian.

    • 9

      Any person who, finding an abandoned child under seven years of age under circumstances which imperil its life, shall fail to take the child to the authorities or to its family.

    • 10

      Any person who shall abandon a child to the care of others in any manner constituting a violation of the rules or customs established in the respective locality, and any person who shall fail to take any abandoned child which he may find to a foundling asylum or other safe place, unless the offense shall constitute a felony.

    • 11

      Anyone who, having found a wounded person in any uninhabited place or in danger of perishing, shall fail to assist such person when able to do so without detriment to himself, unless the offense shall constitute a felony.

    • 12

      Any person who, in the course of a quarrel such as that defined in article four hundred and five of this code, shall be known to have done violence to the person injured, if such person shall have received only slight injuries (lesiones menos graves) and the person who actually inflicted the same shall be unknown."

  • Article 589

    The penalties of arresto for not less than one and not more than five days or a fine of not less than fifteen and not more than one hundred and twenty-five pesetas shall be imposed upon:

    • 1

      Any person who shall beat another or illtreat him by word or deed without causing any injury.

    • 2

      Any person who shall threaten another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense, provided that the offense shall not fall within some other provision of this code.

    • 3

      Any person who, in the heat of rage, shall orally threaten to do another some harm which, if accomplished, would constitute a felony, and who, by subsequent acts, shows that he persists in the idea signified by his threat, provided that the offense shall not fall within any of the provisions of Book II of this code.

    • 4

      Any person who shall orally threaten to do another any harm not constituting a felony.

    • 5

      Any person who shall unlawfully coerce or unjustly annoy another in a manner not punishable under Book II of this code."

  • Article 590

    A fine of not less than fifteen and not more than one hundred and twenty-five pesetas and censure shall be imposed upon:

    • 1

      Any person who, by means of printing, lithography, or other medium of publication,

      shall maliciously divulge any facts relative to the private life of another

      which, without constituting an insult, are calculated to harm or cause serious

      annoyance in the family to which the publication refers.

    • 2

      Any person who shall slightly offend another by word or deed, if the offended

      party complains thereof, provided that the pardon of the latter shall extinguish

      the penalty.

    • 3

      Any person who, at the request of another, shall fail to render the assistance

      requested of him for the purpose of preventing any harm, provided that the

      assistance might have been rendered without any harm to such person.

    • 4

      Any person who, by imprudence or negligence not amounting to recklessness,

      and without violating any regulation, shall cause any injury which, if committed

      with malice, would constitute a felony or misdemeanor.'

• Title IV  Misdemeanors Against Property
  • Article 591

    The penalty of arresto mayor shall be imposed upon any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, unless the offense be punishable under Book II of this code.

  • Article 592

    The penalty of arresto menor for not less than one and not more than fifteen days shall be imposed upon:

    • 1

      Any person who shall enter the estate or field of another for the purpose of gathering fruit and eating it on the spot.

    • 2

      Any person who, under the same circumstances, shall gather any fruit, grain, or other forest products for the purpose of using same at once for feeding horses or cattle.

    • 3

      Any person who, without the permission of the owner, shall enter the estate or field of another before the crop has been entirely gathered with intent to make use of the gleanings or other remnants of the crop.

    • 4

      Any person who shall enter any closed or fenced estate belonging to another, if the intent to prohibit entry therein be manifest."

  • Article 593

    A fine of not less than fifteen and not more than one hundred and twenty-five pesetas shall be imposed upon:

    • 1

      Any person who shall enter any closed or forbidden field or estate belonging to another for the purpose of hunting or fishing therein without the permission of the owner.

    • 2

      Any person who, for any reason whatever, shall go across any cane field, rice field, coffee or tobacco field, or any other planted or cultivated ground.

    • 3

      Any person who shall hunt or fish upon any public land or commons by the use of any means prohibited by the regulations in force in the locality."

  • Article 594

    The mere act of entering any walled or fenced estate without the permission of the owner shall be punished by a fine of ten pesetas.

  • Article 595

    A fine of not less than seventy and not more than two hundred pesetas shall be imposed upon:

    • 1

      Any person who shall commit any of the offenses mentioned in the next two

      preceding articles while having with him any horse, carriage, or harmful animal,

      unless a higher penalty may be imposed for the damage done.

    • 2

      Any person who shall destroy any hut or shed or any hedge fence, paling,

      or other similar inclosure.

    • 3

      Any person who shall cause any damage by throwing any stone or other material

      or projectile into any inclosure.'

  • Article 596

    The owner of cattle, horses, or other stock which shall enter the property of another and cause damage to an extent exceeding fifteen pesetas shall be fined as follows:

    • 1

      From two to five pesetas for each head of horned cattle or buffaloes.

    • 2

      From one to three pesetas for each horse.

    • 3

      From one-half peseta to two pesetas for each goat, if any trees have been planted on the land trespassed upon.

    • 4

      If the stock by which the damage is done shall be sheep, or any other kind of stock not enumerated in the preceding paragraphs, the fine shall be not less than the amount of such damage done and not more than such amount plus one-third. This rule shall be applied if the damage be done by goats before any trees are planted on the land trespassed upon."

  • Article 597

    The owners of any live stock of the classes mentioned in paragraphs

    one, two, and three of the next preceding article which without the permission

    of the owner shall have entered another''s property without causing any damage,

    or shall have caused damage not exceeding five pesetas in extent, shall be

    fined ten centavos (diez centimos de peseta) for each head of stock.

    • If the estate shall have been fenced, planted; or in cultivation, or if the

      offense shall have been repeated, the fine prescribed by the next preceding

      article shall be imposed according to the respective cases.

  • Article 598

    If the live stock shall have been taken upon such land intentionally,

    or shall have strayed there through the carelessness or negligence of the

    owner or herdsman, such owners or herdsman, as the case may be, shall, in

    addition to the payment of the fines mentioned in the preceding articles,

    suffer from one to thirty days of arresto, unless liable to a higher penalty

    as guilty of theft or malicious damage committed willfully or by imprudence.

    • If the same offense shall have been committed for the third time within a

      period of thirty days, the offender shall be prosecuted and punished as guilty

      of theft or malicious mischief under Book II.

  • Article 599

    The penalty of arresto menor or a fine of from fifteen to three hundred and twenty-five pesetas shall be imposed upon any person who shall commit arson in any manner not punishable under Book II of this code.

  • Article 600

    A fine of not less than fifteen and not more than seventy pesetas shall be imposed upon:

    • 1

      Any person who shall violate any regulation or proclamation concerning the burning of twigs or other forest products.

    • 2

      Any person who shall violate any ordinance concerning hunting or fishing."

  • Article 601

    The penalty of arresto for not less than one and not more than five days and a fine of not less than fifteen and not more than seventy pesetas shall be imposed upon any person who shall be guilty of any malicious mischief falling within the provisions of this code, if the damage done shall not exceed one hundred and twenty-five pesetas.

  • Article 602

    Any person who shall cut any trees upon another's property, causing damage not exceeding one hundred and twenty-five pesetas, shall be punished by a fine not less than double and not more than four times the amount of the damage done; if no trees shall have been felled, but the damage shall consist in lopping off branches or cutting firewood, the fine shall be not less than the amount of the damage caused and not more than twice such amount.

  • Article 603

    Any person who, by making use of any water belonging to another, or by diverting it from its course, shall cause any damage not exceeding one hundred and twenty-five pesetas in amount, shall be fined in a sum not less than double and not more than four times the amount of the damage cause.

  • Article 604

    Any person who, intentionally or by negligence or carelessness, shall cause any damage whatsoever not expressly penalized in this book or the preceding book, shall be fined in a sum not less than half the amount of the damage caused and not more than the amount of such damage, if the amount can be determined; otherwise, the fine shall not be less than fifteen and not more than two hundred pesetas.

• Title V  Provisions Common to Misdemeanors
  • Article 605

    In the application of the penalties prescribed in this book the courts shall exercise their own judgment within the limits respectively established, in view of the circumstances of the case.

  • Article 606

    Accomplices in the commission of misdemeanors shall suffer the minimum degree of the penalty prescribed for the principal.

  • Article 607

    The things hereinafter enumerated shall in all cases be subject to forfeiture:

    • 1

      Any arms carried by the offender at the time of doing any damage or proffering any insult, if such arms shall have been shown.

    • 2

      Any harmful or adulterated beverages and foods.

    • 3

      Any counterfeit coin circulated as genuine, or any adulterated or damaged merchandise offered for sale as good.

    • 4

      Any foods in which the public shall be defrauded as to quantity or quality.

    • 5

      False weights or measures.

    • 6

      Implements used in unauthorized raffles or games.

    • 7

      Any implements used for fortune telling or other similar deceits.'

  • Article 608

    The courts may in their discretion, in view of the circumstances of the respective cases, order the forfeiture of the things mentioned in the next preceding article.

  • Article 609

    Any person sentenced to pay a fine who shall be insolvent shall suffer one day of arresto for each fifteen pesetas for which he shall be liable.

    • If the fine shall not amount to fifteen pesetas, the penalty shall in no case be less than one day of arresto.

    • A penalty of one day of arresto for each fifteen pesetas shall also be imposed for the failure to pay any liability declared in favor of a third person."

  • Article 610

    The provisions of this book shall not exclude or limit the powers conferred by general laws or special provisions upon the Governor-General and the provincial chiefs to issue proclamations relating to police regulations and orderly government, and to punish misdemeanors by administrative proceedings in cases in which the power to do so is conferred upon such officials by law or decree.

• Article 611

  All general penal laws anterior to the promulgation of this code are hereby repealed, with the exception of such penal laws as refer to offenses not dealt with herein, as contemplated in article seven.

General Table of the Duration of Penalties in All the Forms and Combinations Prescribed in the Penal Code and Their Division Into Degrees