Habeas Ventures Inc.

AN ACT TO PROVIDE FOR WHOLESOME FOOD SUPPLIES AND TO PREVENT CRUELTY TO ANIMALS IN TRANSPORTATION.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

Section 1. The owners or masters of steam, sailing, or other vessels, carrying or transporting cattle, sheep, swine, or other animals, from one port in the Philippine Islands to another, or from any foreign port to any port within the Philippine Islands, shall carry with them, upon the vessels carrying such animals; sufficient forage and fresh water to provide for the suitable sustenance of such animals during the ordinary period occupied by the vessel in passage from the port of shipment to the port of debarkation, and shall cause such animals to be provided with adequate forage and fresh water at least once in every twenty-four hours from the time that the animals are embarked to the time of their final debarkation.

The owners or masters of steam, sailing, or other vessels, carrying or transporting cattle, sheep, swine, or other animals from one port in the Philippine Islands to another, or from any foreign port to any port within the Philippine Islands, shall provide suitable means for securing such animals while in transit so as to avoid all cruelty and unnecessary suffering to the animals, and suitable and proper facilities for loading and unloading cattle or other animals upon or from vessels upon which they are transported, without cruelty or necessary suffering. It is hereby made unlawful to load or unload cattle upon or from vessels by swinging them over the side by means of ropes or chains attached to the horns.1

Section 2. The owners or masters of vessels providing forage and water as prescribed in section one, shall have a lien upon the animals so provided, for the cost of forage and water furnished under the provisions of this Act.

Section 3. Any owner or master of a vessel, or custodian of such animals, who knowingly and willfully fails to comply with the provisions of section one, shall, for every such failure, be liable to pay a penalty of not less than one hundred dollars2 nor more than five hundred dollars, United States money,3 for each offense. Prosecutions under this Act may be instituted in any Court of First Instance or any provost court organized in the province or port in which such animals are disembarked.

Section 4. It shall be the duty of the collector of customs of the port from which any such animals are shipped, to refuse clearance to any vessel carrying any of the animals aforesaid, which are not provided with sufficient forage and fresh water for compliance with the requirements of section one; and it shall be the duty of the collector of the port at which such animals are disembarked to ascertain whether the provisions of this Act have been complied with, and if they have not, to cause prosecutions at once to be instituted by the promotor fiscal for the enforcement of the penalties herein provided. In ports in which there is no collector of customs, the duties above provided shall be performed by the inspector of customs for such port.

Section 5. This Act shall take effect on January first, nineteen hundred and one.

Enacted, December 5, 1900.

RELATED STATUTES

Act 2711, Chapter 46, Article II (Effective October 1, 1917)

Animal quarantine

Act 3547 (Effective November 22, 1929)

Punishing cruelty to animals.

Footnote

* As amended by Act 275.

1 Words in bold in the text above are amendments inserted by Act 275, section 1, approved October 23, 1901.

2 Now pesos, Philippine currency.

3 Id.

AN ACT RELATIVE TO RECOGNIZANCES, STIPULATIONS, BONDS, AND UNDERTAKINGS, AND TO ALLOW CERTAIN CORPORATIONS TO BE ACCEPTED AS SURETY THEREON.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. Wherever any recognizance, stipulation, bond, or undertaking conditioned for the faithful performance of any duty or of any contract made with any public authority, Insular,1 provincial, municipal, or otherwise, or of any undertaking, or for doing or refraining from doing anything in such recognizance, stipulation, bond or undertaking specified, is, by the laws of the Philippine Islands or by the regulations or resolutions of any public authority therein, required or permitted to be given with one surety or with two or more sureties, the execution of the same or the guaranteeing of the performance of the condition thereof shall be sufficient when executed or guaranteed solely by a corporation incorporated under the laws of the United States or of any State thereof, or any corporation organized under the laws of the Philippine Islands, having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings and to agree to the faithful performance of any contract or undertaking made with any public authority: Provided, That such recognizance, stipulation, bond, or undertaking be approved by the head of Department, court, judge, officer, board, or body executive, legislative, or judicial required to approve or accept the same. But no officer or person having the approval of any recognizance, stipulation, bond, or undertaking shall exact that it shall be furnished by a guarantee company, or by any particular guarantee company: Provided further, That no head of Department, court, judge, officer, board, or body executive, legislative, or judicial shall approve or accept any corporation as surety on any recognizance, stipulation, bond, contract, or undertaking, unless such corporation has been authorized to do business in the Philippine Islands in the manner provided by the provisions of this Act, nor unless such corporations has by contract with the Government of the Philippine Islands been authorized to become a surety upon official recognizances, stipulations, bonds, and undertakings: And provided further, That the provisions of the following sections of this Act shall not be applicable to such corporations organized under the laws of the Philippine Island.2

Section 2. No such company shall do business under the provisions of this Act within the Philippine Islands until it shall by a written power of attorney appoint some person residing at the city of Manila, Island of Luzon, upon whom may be served all lawful process against such company, and who shall be authorized to enter an appearance in its behalf. A copy of such power of attorney, duly certified and authenticated, shall be filed with the clerk of the Supreme Court of the Philippine Islands, which copy, or a certified copy thereof, shall be legal evidence in all controversies arising under this Act. If any such agent shall be removed, resign, or die, become insane, or otherwise incapable of acting, it shall be the duty of such company to appoint another agent in his place as hereinbefore prescribed, and until such appointment shall have been made, or during the absence of any agent of such company from said city of Manila, service of process may be upon the clerk of said Supreme Court, with like effect as upon such agent appointed by the company. The officer executing such process upon such clerk shall immediately transmit a copy thereof by mail to the company, and state such fact in his return. A judgment, decree, or order of a court entered or made after service of process as aforesaid shall be as valid and binding on such company as if such company’s said agent had been personally served with process in said city. The provisions of this section shall also be applicable to all actions brought upon any official undertaking and obligations made by such corporation in the Philippine Islands.

Section 3. Every company before transacting any business under this Act shall deposit with the Attorney-General3 of the Philippine Islands a copy of its charter or articles of incorporation, and a statement signed and sworn to by its president and secretary showing its assets and liabilities. If the said Attorney-General4 shall be satisfied that such company has authority under its charter to do the business provided for in this Act, and that it has a paid-up capital of not less than two hundred and fifty thousand dollars,5 in cash or its equivalent, and is able to keep and perform its contracts, he shall grant authority in writing to such company to do business under this Act.

Section 4. Every such company shall, in the months of January, April, July, and October of each year, file with the said Attorney-General6 a statement, signed and sworn to by its president and secretary, showing its assets and liabilities, as is required by section three of this Act. And the said Attorney-General7 shall have power, and it shall be his duty, to revoke the authority of any such company to transact any new business under this Act whenever in his judgment such company is not solvent or is conducting its business in violation of this Act. He may institute inquiry at any time into the solvency of said company and may require that additional surety be given at any time by any principal when he deems such company has no longer sufficient security.

Section 5. Any surety company doing business under the provisions of this Act may be sued in respect thereof in any court of the Philippine Islands which has now or hereafter may have jurisdiction of actions of suits upon recognizance, stipulation, bond, or undertaking, in the judicial district in which such recognizance, stipulation, bond, or undertaking was made or guaranteed. And for the purposes of this Act such recognizance, stipulation, bond, or undertaking shall be treated as made or guaranteed in the judicial district in which the office is located to which it is returnable, or in which the principal in such recognizance, stipulation, bond, or undertaking resided when it was made or guaranteed.

Section 6. If any such company shall neglect or refuse to pay any final judgment or decree rendered against it upon any such recognizance, stipulation, bond, or undertaking made or guaranteed by it under the provisions of this Act, from which no appeal, writ of error, or supersedeas has been taken for thirty days after the rendition of such judgment or decree, it shall forfeit all rights to do business under this Act.

Section 7. Any company which shall execute or guarantee any recognizance, stipulation, bond, or undertaking under the provisions of this Act shall be estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute or guarantee such instrument or assume such liability.

Section 8. Any company doing business under the provisions of this act which shall fail to comply with any of its provisions shall forfeit to the Government of the Philippine Islands, for every such failure, not less than five hundred dollars8 nor more than five thousand dollars,9 to be recovered by suit in the name of the United States10 in the same courts in which suit may be brought against such company under the provisions of this Act, and such failure shall not affect the validity of any contract entered into by such company. In actions to enforce the forfeiture in this section provided, service upon the attorney or agent specified in the second section, or, in lieu thereof, upon the clerk of the Supreme Court in the manner provided in said section, shall be sufficient service to bind the company.

Section 9. The sums of money mentioned in this Act are in United States currency.11

Section 10. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

Section 11. No surety company now doing business in these Islands shall be disqualified from executing surety bonds prior to February first, nineteen hundred and three, under the terms of this Act.12

Section 12. This Act shall take effect on February first, nineteen hundred and three.13

Enacted November 25, 1902.

RELATED STATUTES

Act 3342 (Effective December 8, 1926)

Regulating the business of furnishing bond in civil and criminal cases.

Presidential Decree 612 (Effective December 18, 1974)

Insurance Code.

Footnote

* As amended by

1 Now National.

2 Words in bold in the text above are amendments introduced by Act 2206, section 1, approved January 27, 1913.

Statutory History of section 1:

a) Original text – The original provisions of section 1, being similar to the amended provisions infra, except for the words in bold, are not reproduced here.

b) Words in bold in the text immediately following are amendments introduced by Act 2203, section 1, approved January 13, 1913.

Section 1. Whenever any recognizance, stipulation, bond or undertaking conditioned for the faithful performance of any duty or of any contract made with any public authority, Insular, provincial, municipal, or otherwise, or of any undertaking or for doing or refraining from doing anything in such recognizance, stipulation, bond, or undertaking specified, is, by the laws of the Philippine Islands or by the regulations or resolutions of any public authority therein, required or permitted to given with one surety or with two or more sureties, the execution of the same or the guaranteeing of the performance of the condition thereof shall be sufficient when execute or guaranteed solely by a corporation incorporated under the laws of the United States or of any State thereof, or any corporation organized under the laws of the Philippine Islands, having power to guarantee the fidelity of persons holding positions of public or private trusts, and to execute and guarantee bonds and undertakings in judicial proceedings, and to agree to the faithful performance of any contract or undertaking made with any public authority: Provided, That such recognizance, stipulation, bond, or undertaking be approved by the head of Department, court, judge, officer, board, or body executive, legislative, or judicial required to approve or accept the same. But no officer or person having the approval of any recognizance, stipulation, bond, or undertaking shall exact that it shall be furnished by a guarantee company, or by any particular guarantee company: Provided further, That no head of Department, court, judge, officer, board, or body executive, legislative, or judicial shall approve or accept any corporation as surety on any recognizance, stipulation, bond, contract, or undertaking, unless such corporation has been authorized to do business in the Philippine Islands in the manner provided by the Provisions of this Act, nor unless such corporation has be contract with the Government of the Philippine Islands been authorized to become a surety upon official recognizances, stipulations, bonds, and undertakings.

3 Now Office of the President.

4 Now President.

5 Now pesos. Originally the minimum paid-up capital required was "five hundred thousand dollars" but it was reduced by Act 538, section 1, enacted November 28, 1902.

6 Now Office of the President.

7 Now President.

8 Now pesos, Philippine currency.

9 Id.

10 Now Republic of the Philippines.

11 Now pesos, Philippine currency.

12 Inserted by Act 561, section 1, enacted December 18, 1902.

13 Id.

AN ACT PRESCRIBING THE METHOD OF APPLYING TO GOVERNMENTS OF MUNICIPALITIES, EXCEPT THE CITY OF MANILA, AND OF PROVINCES FOR FRANCHISES TO CONSTRUCT AND OPERATE STREET RAILWAY, ELECTRIC LIGHT AND POWER AND TELEPHONE LINES, THE CONDITIONS UPON WHICH THE SAME MAY BE GRANTED, CERTAIN POWERS OF THE GRANTEES OF SAID FRANCHISES AND OF GRANTEES OF SIMILAR FRANCHISES UNDER SPECIAL ACT OF THE COMMISSION, AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. Whenever any person or corporation authorized to do such business in the Philippine Islands shall desire a franchise to construct and maintain an electric street railway, a telephone plant and line, or an electric light or power plant and line, he shall file a formal application with the council of the municipality in which or through which he desires to construct and maintain his line, stating the general route of his proposed line, whether on public streets, or roads, or on private property, the approximate length of the line, the time within which he will begin its construction, the time within which he will complete it, the character of the materials which he expects to use, and the rates per passenger on the electric street railway line, and per kilo of freight, if he intends to carry freight thereon, the rate per month for the use of telephones, and the rate per month for electric light, by lamp of special standard candlepower and by amount of electricity consumed where a meter is used; it shall also state the rate per centum of the gross receipts which he is willing to pay into the provincial treasury for the franchise.

Section 2. The municipal council is authorized to accept the proposition of the petitioner upon certain fixed conditions, as follows, to wit:

First. That the franchise shall not exceed thirty-five years in duration and shall not be exclusive.

Second. That not less than one-half of one per centum of the gross earnings shall be paid into the provincial treasury.

Third. That the rates to be charged shall always be subject to regulation by Act of the Philippine Commission or the legislative body of the Islands.1

Fourth. That failure to construct within the time limited shall be ground for forfeiture at the option of the municipalities and provinces through which the lines run, with the approval of the Civil Governor.2

Sixth. That in electric light or power franchises there shall always be a term requiring the placing of poles, the insulation of wires, and their stringing on the poles, in such a manner as to afford every reasonable precaution against injury to the public or danger of fire, and to cause no unnecessary injury or inconvenience to private owners. The grantee of the franchise, in the maintenance and operation of the line, shall be constantly subject to reasonable regulations for this purpose by the municipal council and the provincial board.

Seventh. That no franchise shall become operative until the same shall have been approved, first by the municipal council, secondly by the provincial board, and finally by the Civil Governor.3

Eighth. That failure to build and maintain any part of the lines granted, without the consent of the municipal council and the provincial board, shall, if approved by the Civil Governor,4 constitute a ground for forfeiture, at the option of the municipality.

Ninth. That no franchise shall be granted until after the applicant shall have deposited, in cash or in negotiable bonds of the United States or other securities to be approved by the Civil Governor,5 in the Insular Treasury,6 a sum not less than ten per cent of five thousand dollars7 in case of telephone or electric light or power lines, and not less than ten per cent of fifteen thousand dollars8 in case of electric street railways, as an earnest of the good faith of the application. Within six months after the franchise shall be granted the ninety per cent of the sums above stated shall be deposited, and the whole deposit thus made shall be retained in the Insular Treasury9 as security for the completion of the work to be done by the applicant within the time specified in the franchise. The amount of the deposit, either as an earnest of the good faith of the application or as security for the completion of the work, may be increased by the municipal council, the provincial board, or the Civil Governor10 over and above the sums in this section mentioned. In case the ninety per cent of the whole deposit is not made within six months after the franchise is granted, the ten per cent already deposited shall be forfeited to the province or provinces in which the road was to be constructed. In case, after the deposit of the ninety per cent of the sum or sums above mentioned, the work to be done under the franchise is not begun within the time specified or is not completed within the time specified in the franchise, the whole deposit may be forfeited, at the option of the municipality, provincial board, and the Civil Governor,11 to the province as liquidated damages for the breach of the contract involved in the acceptance of the franchise: Provided, however, That provision may be made in the franchise by which, after work shall be begun, the money or funds deposited may be delivered to the grantee of the franchise as the work progresses, monthly or quarterly, in the proportion which the work done bears to the work to be done.

Tenth. That no franchise shall be operative for any purpose until the same shall be accepted in writing by the grantee thereof and the acceptance filed in the office of the Secretary of Commerce and Police.12 But this provision shall not be used as a defense by the grantee where he has begun to exercise the privileges conferred by the franchise and has incurred liability by forfeiture or otherwise to the municipality or province.

Section 3. In addition to the conditions above required as part of every granting of a franchise, the municipality or the provincial board may stipulate for such additional conditions, in favor of the public, as may seem to it wise.

Section 4. In cases where, in the opinion of the Civil Governor,13 such a course would result in benefit to the public, he may require that the letting of a franchise in any municipality or province shall be put up for public bid, after due advertisement to be prescribed by him; but in cases where, in his judgment, there is likely to be but one bidder, and no benefit would accrue to the public by requiring the expense and delay of advertising, he is authorized to dispense with the same upon petition from the municipality and provincial board.

Section 5. Every franchise granted hereunder shall contain a provision that it is granted subject to the power of Congress of Alter, modify, or repeal the same in accordance with the Act of Congress entitled "An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," approved July first, nineteen hundred and two.

Section 6. There shall be no power on the part of the municipal council or the provincial board in the granting of franchises to contract for the exemption from taxation of the property of the grantee of the franchise; such exemption can only be granted by especial Act of the Commission.14

Section 7. The books of the person or corporation maintaining and operating a line of street railway, telephone, or electric light or power plant under this law, shall always be open to the inspection of the provincial treasurer or a deputy designated by him for the purpose, and it shall be the duty of the grantee of the franchise operating under the same, to submit to the provincial treasurer quarterly reports showing the gross receipts and the net receipts for the quarter past and the general condition of the business. The percentage of gross receipts, which by the terms of the franchise are to be paid by the grantee thereof, shall be paid in quarterly installments, and shall be paid to the provincial treasurer for deposit in the provincial treasury. One-half thereof shall be retained for provincial purposes, and the other half shall be distributed to the municipalities in which the line of railway, telephone line, or electric light or power line is constructed; and where the line runs through more than one municipality, the one-half of the receipts shall be distributed between the two or more municipalities in proportion to the mileage of the line in each.

Section 8. The quarterly reports of the grantee of the franchise, required in the preceding section, shall be in duplicate, and the provincial treasurer shall forward one of them to the Insular Auditor,15 who shall keep the same on file.

Section 9. Franchises may be granted for the operation of an electric street railway, line, electric light or power line, or electric telephone line, in two or more provinces; but in such cases the grant shall be made not only by the municipalities through which the line runs, but also by the action of the provincial boards of the provinces in which the purposed lines are to be, and in such cases the distribution of the percentage of gross receipts for the franchise shall be between the provinces in proportion to the mileage herein.

Section 10. The owner of an electric street railway, electric telephone line, or an electric light or power line constructed under this law, or by authority of a special Act of the Commission,16 shall have the power to issue a mortgage upon the franchise, plant, equipment, and property owned and operated in connection with the franchise which shall constitute a first lien on the entire property, movable and immovable, then in possession of or subsequently acquired by the owner of the franchise and use by him in operation under the franchise. Such mortgage shall not prevent the sale of movables or personal property of the owner when the same shall have ceased to be useful for the maintenance and operation of the line free from the lien, but the lien shall attach to all property purchased and substituted in the proper equipment of the line. In order that the mortgage shall constitute a prior lien as against purchases of immovables, the mortgage having been duly executed in accordance with law shall be filed with the registrar or registrars of land in the province or provinces in which the line is: Provided, That the mortgage may be duly filed as herein directed in the Spanish or English language as it may have been executed in either language, but unless the original is accompanied by a reasonably correct translation, it shall be the duty of the registrar to procure the making of such a translation and to charge and collect a reasonable amount from the person filing the mortgage to pay for such a translation at the time of filing the original instrument, and to file the translation at the time of filing the original instrument, and to file the translation with the original, the language of the latter in case of doubt to control. When the mortgage is foreclosed and the property sold thereunder in accordance with its terms, as a whole, the sale shall include the franchise, which may pass by assignment to the assignee and be enjoyed by him, if he is otherwise competent to do such business in the Philippine Islands, in accordance with its terms. The mortgage may be issued to secure a number of negotiable bonds, the owners of which shall be represented by one or more trustees, who shall be the grantee or grantees of the mortgage.17

Section 11. The franchise, when granted, shall be spread upon the minutes of the municipal council, upon the minutes of the provincial board, and a copy of the same, certified by the provincial secretary, shall be forwarded to the Secretary of Commerce and Police,18 by him to be filed in the records of the Executive Bureau.19

Section 12. Neither the provincial board nor the council of any municipality shall have power to confer the right to use water power derived from any of the streams in such province or municipality in connection with the franchise, the granting of which is herein provided for. Water-power rights are hereby declared to be grantable only by and in accordance with Acts of the Commission.20

Section 13. The grantee of a franchise for an electric street railway, electric light or power or telephone line, granted hereunder, or under any special Act of the Commission,21 shall have the power of condemning private property reasonably needed for the construction of its line, to be exercised by a special proceeding begun in the proper Court of First Instance, with such auxiliary proceedings as may be necessary in the Court of Land Registration22 according to law; but such power of eminent domain shall only be exercised after approval by the Civil Governor,23 to be given before the judicial proceedings are begun.

Section 14. Nothing herein contained, except the language of sections ten and thirteen, shall have application to electric street railways, electric light or power or telephone lines, or to the grantees or franchises for the same, in the city of Manila.

Section 15. Nothing herein contained shall prevent the Commission24 from granting a special franchise to erect and maintain an electric street railway, or electric light or power or telephone line when, in the opinion of the Commission,25 the franchise applied for shall involve the construction of a line so long and important as to justify the exercise of insular authority in granting the franchise without requiring action by municipal and provincial governments to give it legality and force.

Section 16. This Act shall take effect on its passage.

Enacted, March 6, 1903.

Footnote

* As amended by Act 1022.

1 Now National Assembly.

2 Now President of the Philippines.

3 Id.

4 Id.

5 Id.

6 Now National Treasury.

7 Now pesos.

8 Id.

9 Now National Treasury.

10 Now President of the Philippines.

11 Id.

12 Now Board of Energy. Franchise granted under this Act is subject to approval by the Board of Energy as provided for in CA 146, section 16 (a) and PD 1206.

13 Now President of the Philippines.

14 Now National Assembly.

15 Now Commission on Audit.

16 Now National Assembly.

17 Words in bold in the text above are amendments introduced by Act 1022, section 1, approved December 7, 1903.

Statutory History of section 10:

Original text – The original provisions of section 10, being similar to the amended provisions, supra, except for the words in bold, are not reproduced here.

18 Now Board of Energy.

19 Now Department of Local Government and Community Development.

20 Now National Assembly. See PD 424 creating the National Water Resources Council.

21 Id.

22 Reference to Court of Land Registration is now obsolete.

23 Now President of the Philippines.

24 Now National Assembly.

25 Id.

AN ACT AUTHORIZING THE INCORPORATION OF THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS IN THE PHILIPPINE ISLANDS, DEFINING ITS POWERS AND PROVIDING FOR ITS GOVERNMENT.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. Anna L. Ide, Kate S. Wright, John L. Chamberlain, William F. Tucker, Mary S. Fergusson, Amasa S. Crossfield, Spencer Cosby, Stealy B. Rossiter, Richard P. Strong, José Robles Lahesa, Josefina R. de Luzuriaga, and such other persons as may be associated with them in conformity with this Act, and their successors, are hereby constituted and created a body politic and corporate at law, under the name and style of "The Philippines Society for the Prevention of Cruelty to Animals."

As incorporated by this Act, said society shall have the power to add to its organization such and as many members as it desires, to provide for and choose such officers as it may deem advisable, and in such manner as it may wish, and to remove members as it shall provide.

It shall have the right to sue and be sued, to use a common seal, to receive legacies and donations, to conduct social enterprises for the purpose of obtaining funds, to levy dues upon its members and provide for their collection, to hold real and personal estate such as may be necessary for the accomplishment of the purposes of the society, and to adopt such by-laws for its government as may not be inconsistent with law or this charter.

Section 2. The objects of said society shall be to enforce laws which may be in force in relation to cruelty to animals or the protection of animals in the Philippine Islands, and generally to do and perform all things which may tend in any way to alleviate the suffering of animals and promote their welfare.

Section 3. The said society shall be operated under the direction of its officers, in accordance with its by-laws, the laws in force, and this charter.

Section 4. The said society is authorized to appoint not to exceed ten agents in the City of Manila, and not to exceed one in each municipality of the Philippines who shall have the authority to denounce to regular peace officers any violation of the laws enacted for the prevention of cruelty to animals and the protection of animals and to cooperate with said peace officers in the prosecution of transgressors of such laws.1

Section 5. One-half of all the fines imposed and collected through the efforts of said society, its members or its agents, for violations of the laws enacted for the prevention of cruelty to animals and for their protection, shall belong to said society, and shall be used to promote its objects.

Section 6. The principal office of the society shall be kept in the City of Manila, and the society shall have full power to locate and establish branch officers of the society wherever it may deem advisable in the Philippine Islands, such branch offices to be under the supervision and control of the principal office.

Section 6-A. All provisions of law to the contrary notwithstanding, the society is exempted as of July four, nineteen hundred forty-six, from the payment of all taxes on any receipts or income received by it from whatever source.2

Section 7. The said society shall make a report of all its transactions to the Civil Governor of the Philippine Islands,3 on or before the first day of July of each year, for the year preceding.

Section 8. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixty, nineteen hundred.

Section 9. This Act shall take effect on its passage.

Enacted, January 19, 1905.

Footnote

As amended by Act 3548, CA 148 and RA 1178.

Words in bold in text above are amendments introduced by CA 148, section 1, approved

November 8, 1936.

Statutory History of section 4:

a) Original text -

Sec. 4. The said society is authorized to appoint not to exceed [five] agents in the city of Manila, and not to exceed [two] in each of [the provinces] of the Philippine [Islands] who shall have all the power and authority of a police officer to make arrests for violation of the laws enacted for the prevention of cruelty to animals, and to serve any process in connection with the execution of such laws; and in addition thereto, all the police force of the Philippine Islands, wherever organized, shall, as occasion require, assist said society, its members or agents, in the enforcement of all such laws. (Ed. Note: Words in brackets were deleted in Act 3548, infra.)

b) Words in bold in the text immediately following are amendments introduced by Act 3548, section 1, approved November 22, 1939.

Sec. 4. The said society is authorized to appoint not to exceed ten agents in the City of Manila, and not to exceed one in each municipality of the Philippine Islands, who shall have all the [power and] authority of a police officer [to make arrests for] violations of the laws enacted for the prevention of cruelty to animals and the protection of animals, and to [serve any process in connection with the execution of such laws; and in addition thereto, all the police force of the Philippine Islands, wherever organized, shall, as occasion requires, assist said society, its members or agents, in the enforcement of all such laws.] (Ed. Note: Words in brackets were deleted in CA 148, supra.)

2 As inserted by RA 1178, section 1, approved June 19, 1954.

3 Now President of the Philippines.

AN ACT PROVIDING FOR THE FORMATION AND ORGANIZATION OF CORPORATIONS, DEFINING THEIR POWERS, FIXING THE DUTIES OF DIRECTORS AND OTHER OFFICERS THEREOF, DECLARING THE RIGHTS AND LIABILITIES OF SHAREHOLDERS AND MEMBERS, PRESCRIBING THE CONDITIONS UNDER WHICH SUCH CORPORATIONS MAY TRANSACT BUSINESS, AND REPEALING CERTAIN ARTICLES OF THE CODE OF COMMERCE AND ALL LAWS OR PARTS OF LAWS IN CONFLICT OR INCONSISTENT WITH THIS ACT

CHAPTER I. GENERAL PROVISIONS AS TO CORPORATIONS

SHORT TITLE OF ACT, CORPORATIONS DEFINED AND HOW ORGANIZED

Section 1. The short title of this Act shall be "The Corporation Law."

Section 2. A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incident to its existence.

Section 3. Corporations may be public or private. - Public corporations are those formed or organized for the government of a portion of the state. Private corporations are those formed for some private purpose, benefit, aim, or end, as distinguished from public corporations, which have for their purpose the general good and welfare. Private corporations are divided into stock corporations and nonstock corporations. Corporations which have a capital stock divided into shares and are authorized to distribute to the holders of such shares dividends or allotments of the surplus profits on the basis of the shares held are stock corporations. All other private corporations are nonstock corporations.

Section 4. Corporators of a corporation are those who compose the corporation, whether stockholders or members or both. Incorporations are those members or stockholders or both mentioned in the articles of incorporation as originally forming and composing the corporation.

Section 5. The owners of shares in a corporation which has capital stock are called stockholders or shareholders. Corporators of a corporation which has no capital stock and corporators of a corporation who do not own capital stock are members.

Section 6. Five or more persons, not exceeding fifteen, a majority of whom are residents of the Philippine Islands, may form a private corporation for any lawful purpose by filing with the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau articles of incorporation duly executed and acknowledged before a notary public, setting forth:

(1) The name of the corporation;

(2) The purpose for which the corporation is formed;

(3) The place where the principal office of the corporation is to be established or located, which place must be within the Philippine Islands;

(4) The term for which it is to exist, not exceeding fifty years, except as hereinafter provided;

(5) The names and residences of the incorporators;

(6) Unless otherwise provided by this Act, the number of directors of the corporation, not less than five nor more than eleven. The directors named in the articles of incorporation shall be the directors until their successors are elected and qualified as provided by the by- laws: PROVIDED, HOWEVER, That at any time during the existence of the corporation the number of directors may be increased to any number not exceeding fifteen or diminished to any number not less than five in the case of a nonstock corporation by the formal assent of a majority of the members at a regular or special meeting of the membership, and in the case of a stock corporation the number of directors may be increased to any number not exceeding eleven or diminished to any number not less than five by the formal assent of the stockholders of the corporation at a regular or special meeting of stockholders representing or holding a majority of the stock: AND PROVIDED FURTHER, That a certificate setting out such increase or diminution in the number of directors of any corporation shall be duly signed and sworn to by the president, managing agent, secretary or clerk, or treasurer of such corporation and forthwith filed in the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau;

(7) If it be a stock corporation, the amount of its capital stock, in Philippine currency, and the number of shares into which it is divided;

(8) If it be a stock corporation, the amount of capital stock actually subscribed, the names and residences of the persons subscribing, the amount subscribed by each, and the sum paid by each on his subscription.

In addition to the foregoing facts, articles of incorporation of railroad, tramway, wagon road, and telegraph and telephone companies must state:

(1) The starting point and terminus of the railroad, tramway, wagon road, or telegraph or telephone line, its estimated length, the provinces through which it will pass, and all of its intermediate branches and connections;

(2) In the case of railroads or tramways, the gauge of the road, the motive power to be used and the means of applying it, and the materials to be used in the construction;

(3) In the case of wagon roads, the width of the road, the method of construction, and the construction material to be used;

(4) In the case of telegraph or telephone lines, the construction material, appliances, method of construction, and system to be used.

Section 7. Articles of incorporation of stock corporations, unless otherwise provided, shall be sufficient if they comply substantially with the following form:

ARTICLES OF INCORPORATION OF THE

_________________________________

(Here insert full name of corporation.)

KNOW ALL MEN BY THESE PRESENTS:

That we, a majority of whom are residents of the Philippine Islands, have this day voluntarily associated ourselves together for the purpose of forming a corporation under the laws of the Philippine Islands.

AND WE HEREBY CERTIFY -

FIRST. That the name of said corporation shall be the ________________________________________

(Here insert full name of corporation.)

SECOND. That the purposes for which such corporation is formed are ________________________________________

(Here insert in full the purposes of the corporation.)

________________________________________

THIRD. That the place where the principal office of the corporation is to be established or located is _________________________________________________

_______________________________________

(Here insert place where principal office is to be established or located.)

FOURTH. That the term for which said corporation is to exist is fifty (50) years from and after the date of incorporation.

FIFTH. That the names and residences of the incorporators of said corporation are as follows:

NAME. WHOSE RESIDENCE IS AT -

________________________ ________________________

SIXTH. That the number of directors of said corporation shall be _______________________________

(Here insert number of directors, not less than five nor more than fifteen.)

and that the names and residences of the directors of the corporation who are to serve until their successors are elected and qualified as provided by the by-laws are as follow, to wit:

NAME. WHOSE RESIDENCE IS AT -

________________________ ________________________

SEVENTH. That the capital stock of said corporation is ___________________________________ pesos,

(Here insert amount of capital stock.)

and said capital stock is divided into ________________________________

(Here insert the number of shares.)

shares of the par value each of ________________________________ pesos.

(Here insert par value of each share.)

EIGHT. That the amount of said capital stock which has been actually subscribed is ___________________________________ pesos,

(Here insert full amount of capital subscribed.)

and the following persons have subscribed for the number of shares and amount of capital stock set out after their respective names:

Number of Amount of capital

Name. Residence. shares. stock subscribed.

_________ ______________ _________ ____________________

Total ___ ______________ _________ ____________________

NINTH. That the following persons have paid on the shares of capital stock for which they have subscribed the amounts set out after their respective names:

Amount of capital

Name. Residence. stock subscribed.

_______________ _____________________ ____________________

Total _________ _____________________ ____________________

TENTH. That ___________________________________________

(Here insert name of treasurer elected by subscribers.)

has been elected by the subscribers as treasurer of the corporation to act as such until his successor is duly elected and qualified in accordance with the by-laws, and that as such treasurer he has been authorized to receive for the corporation and to receipt in its name for all subscriptions paid in by said subscribers.

ELEVENTH. (If the corporation be a railroad, tramway, wagon road, telegraph, or telephone corporation, here insert estimated length of railroad, tramway, wagon road, telegraph or telephone line, provinces through which such line will pass, and all of its intermediate branches and connections.) ______________________________________________________________________________________________

TWELFTH. (If the corporation be a railroad or tramway corporation, here insert gauge of road, motive power to be used, means of applying such power, and materials to be used in the construction.) ______________________________________________________________________________________________

THIRTEENTH. (If the corporation be a wagon-road corporation, here insert width of the road, method of construction, and the construction material to be used.) _______________________

_________________________________

FOURTEENTH. (If the corporation be a telegraph or telephone corporation, here insert construction material, appliances, method of construction, and system to be used.) ______________________________________________________________

IN WITNESS WHEREOF, We have hereunto set our hands and seals this _______ day of _______________, A.D. 19____

___________________ (SEAL.)

SIGNED AND SEALED IN THE ___________________ (SEAL.)

PRESENCE OF ___________________ (SEAL.)

___________________ (SEAL.)

CITY OR MUNICIPALITY OF ___________________)

PROVINCE OF __________________________) S.S.

Philippine Islands.

On this _________ day of __________________, in the year A.D. one thousand nine hundred and ______________________, before me, ______________ a notary public in and for the _________________________, personally appeared ___________________________________ ___________________________

(Here insert names of incorporations.)

___________________________________________________

known to me to be the persons whose names are subscribed and who executed the within instrument, and each of them acknowledged to me that he freely and voluntarily executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

___________________________

Notary Public.

CITY OR MUNICIPALITY OF _______________________)

PROVINCE OF _______________________________) S.S.

Philippine Islands.

________________________________________

(Here insert name of treasurer elected by subscribers.)

being duly sworn, deposes and says that on the _________ day of ________________, A.D. 190_____, he was duly elected by the subscribers named in the foregoing articles of incorporation as treasurer of the corporation to act as such until his successor has been duly elected and qualified in accordance with the by-laws of the corporation, and that as such treasurer he has been authorized by the subscribers to receive for the corporation all subscriptions paid in by subscribers for the capital stock; that _____________________ pesos has been actually subscribed and that _____________________ pesos has been actually paid to him for the benefit and to the credit of the corporation, and that at least twenty per centum of the entire capital stock has been subscribed and at least twenty-five per centum of the subscription has been actually paid to him for the benefit and to the credit of the corporation.

Subscribed and sworn to before me this ___________ day of _______________, A.D. 190____

_________________________

Section 8. The Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau shall be entitled to collect and receive for the filing of articles of incorporation filed in accordance with the provisions of this Act a fee of twenty-five pesos.

Section 9. The Chief of the said Division of Archives, Patents, Copyrights, and Trade-Marks shall not file the articles of incorporation of any stock corporation unless accompanied by a sworn statement of a treasurer elected by the subscribers showing that at least twenty per centum of the entire capital stock has been subscribed, and that at least twenty-five per centum of the subscription has been paid for the benefit and to the credit of the corporation.

Section 10. A copy of any articles of incorporation filed with the said Division of Archives, Patents, Copyrights, and Trade-Marks in pursuance of this Act and duly certified by the chief of the said division shall be received in the courts and all other places as prima facie evidence of the facts therein stated.

Section 11. The Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau, on the filing of the articles of incorporation provided by this Act to be filed, shall issue to the incorporators a certificate, under the seal of his office, setting forth that such articles of incorporation have been duly filed in his office in accordance with law; and thereupon the persons signing the articles of incorporation and their associates and successors shall constitute a body politic and corporate, under the name stated in the certificate, for the term specified in the articles of incorporation, not exceeding fifty years, unless sooner legally dissolved or unless otherwise provided in this Act.

Section 12. No corporation shall occupy or use any private property without the consent of the owners or prior condemnation proceedings and paying or tendering just compensation therefor, and no corporation shall occupy or use any public lands, places, roads, highways, streets, avenues, lanes, alleys, sidewalks, bridges, or any other public property whatever without first securing a franchise for such use or occupancy from the Government of the Philippine Islands: PROVIDED, HOWEVER, That street railways, tramways, electric light, power, or telephone corporations may, in the manner prescribed in Act Numbered Six hundred and sixty-seven, secure a franchise to occupy or use any public lands, places, roads, highways, streets, avenues, lanes, alleys, sidewalks, bridges, or any other public property necessary for the transaction of its business: AND PROVIDED FURTHER, That street railway, tramway, telephone, telegraph, electric power or light corporations for the purpose of doing business in the city of Manila, and railroad corporations for the purpose of doing business in the Philippine Islands, may form and organize as corporations under this Act.

GENERAL POWERS OF CORPORATIONS

Section 13. Every corporation has the power:

(1) Of succession by its corporate name for the period of time limited in the articles of incorporation and not exceeding the time prescribed by law;

(2) To sue and be sued in any court;

(3) To transact the business for which it was lawfully organized, and to exercise such powers and to perform such acts as may be reasonably necessary to accomplish the purpose for which the corporation was formed;

(4) To make and use a common seal and to alter the same at pleasure;

(5) To purchase, hold, convey, sell, lease, let, mortgage, encumber, and otherwise deal with such real and personal property as the purpose for which the corporation was formed may permit, and the transaction of the lawful business of the corporation may reasonably and necessarily require, unless otherwise prescribed in this Act: PROVIDED, That no corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it is created, and every corporation authorized to engage in agriculture shall be restricted to the ownership and control of not to exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any member of a corporation engaged in agriculture or mining and for any corporation organized for any purpose except irrigation to be in anywise interested in any other corporation engaged in agriculture or in mining. Corporations, however, may loan funds upon real-estate security and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title;

(6) To appoint and dismiss such subordinate officers or agents as the business or welfare of the corporation may demand, and to allow such subordinate officers and agents suitable compensation;

(7) To make by-laws, not inconsistent with any existing laws, for the fixing or changing of the number of its officers and directors within the limits prescribed by law, and for the transferring of its stock, the administration of its corporate affairs, the management of its business, and the care, control, and disposition of its property;

(8) To admit members to the corporation; if it be a stock corporation, to issue stock to stockholders and to sell stock or shares of stockholders for the payment of any indebtedness of the stockholders to the corporation;

(9) To enter into any obligation or contract essential to the proper administration of its corporate affairs or necessary for the proper transaction of the business or accomplishment of the purpose for which the corporation was organized.

Section 14. No corporation created under this Act shall possess or exercise any corporate powers except those conferred by this Act and except such as are necessary to the exercise of the powers so conferred.

Section 15. No corporation doing business in the Philippine Islands or receiving any grant, franchise, or concession from the Government of the Philippine Islands shall use, employ or contract for the labor of persons claimed or alleged to be held in involuntarily servitude, and any corporation violating the provisions of this section shall forfeit all charters, grants, franchises, and concessions for doing business in said Islands, and in addition shall be deemed guilty of an offense and shall be punished by a fine of twenty thousand pesos.

Section 16. No corporation organized under this Act shall create or issue bills, notes, or other evidence of debt for circulation as money, and no corporation shall issue stock or bonds except in exchange for actual cash paid to the corporation or for property actually received by it at a fair valuation equal to the par value of the stock or bonds so issued. No corporation shall make or declare any stock or bond dividend or any dividend whatever except from the surplus profits arising from its business, or divide or distribute its capital stock or property than actual profits among its members or stockholders until after the payment of its debts and the termination of its existence by limitation or lawful dissolution: PROVIDED, HOWEVER, That banking, savings and loan, and trust corporations may receive deposits and issue certificates of deposits, checks, drafts, and bills of exchange and the like in the transaction of the ordinary business of banking, savings and loan, and trust corporations.

Section 17. No corporation shall increase or diminish its capital stock, or incur, create, or increase any bonded indebtedness unless, at a stockholders' meeting regularly called for the purpose, two-thirds of the entire corporate capital stock subscribed shall favor the increase or diminution of the capital stock, or a majority of the subscribed capital stock shall favor the incurring, creating, or increasing of any bonded indebtedness. Written or printed notice of the proposed increase or diminution of the capital stock or of the incurring, creating, or increasing of any bonded indebtedness and of the time and place of the stockholders' meeting at which the proposed increase or diminution of the capital stock or the incurring, creating, or increasing of any bonded indebtedness is to be considered must be addressed to each stockholder at his place of residence as shown by the books of the corporation and registered and deposited so addressed in the post-office with postage prepaid.

A certificate in duplicate must be signed by a majority of the directors of the corporation and countersigned by the chairman and secretary of the stockholders' meeting showing compliance with the requirements of this section, the amount of the increase or diminution of the capital stock, or the bonded indebtedness to be incurred, created, or increased, the actual indebtedness of the corporation on the day of the meeting, the amount of stock represented at the meeting, and the vote authorizing the increase or diminution of the capital stock or the incurring, creating, or increasing of any bonded indebtedness. One of the duplicate certificates shall be kept on file in the office of the corporation and the other shall be filed in the office of the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau and attached by him to the original articles of incorporation. From and after the filing of the duplicate certificate with the chief of the said division the capital stock shall stand increased or diminished and the incurring, creating, or increasing of any bonded indebtedness authorized as the certificate may declare.

The Chief of the said Division of Archives, Patents, Copyrights, and Trade-Marks shall be entitled to collect the sum of twenty pesos for filing said duplicate certificate.

Section 18. Any corporation may amend its articles of incorporation by a majority vote of its board of directors or trustees and the vote or written assent of two-thirds of is members, if it be a nonstock corporation, or, if it be a stock corporation, by the vote or written assent of the stockholders representing at least two-thirds of the subscribed capital stock of the corporation. A copy of the articles of incorporation as amended, duly certified to be correct by the president and the secretary of the corporation and a majority of the board of directors or trustees, shall be filed in the office of the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau and attached to the original articles of incorporation, and, from the time of filing such copy of the amended articles of incorporation, the corporation shall have the same powers and it and the members or stockholders thereof shall thereafter be subject to the same liabilities as if such amendment had been embraced in the original articles of incorporation: PROVIDED, HOWEVER, That the life of said corporation shall not be extended by said amendment beyond the time fixed in the original articles: AND PROVIDED, That the original articles and amended articles together shall contain all provisions required by law to be set out in the articles of incorporation: AND PROVIDED FURTHER, That nothing in this section shall be construed to authorize any corporation to increase or diminish its capital stock or so as to affect any rights or actions which accrued to others between the time of filing the original articles of incorporation and the filing of the amended articles.

Section 19. If a corporation does not formally organize and commence the transaction of its business or the construction of its works within two years from date of its incorporation, its corporate powers cease. The due incorporation of any corporation claiming in good faith to be a corporation under this Act and its right to exercise corporate powers shall not be inquired into collaterally in any private suit to which the corporation may be a party, but such inquiry may be had at the suit of the Insular Government on information of the Attorney-General.

BY-LAWS

Section 20. Every corporation formed under this Act must, within one month after the filing of articles of incorporation with the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau, adopt a code of by-laws for its government not inconsistent with this Act or any Act of Congress having force and effect in the Philippine Islands. For the adoption of any by-law or by-laws by the corporation the affirmative vote of the stockholders representing a majority of all of the subscribed capital stock, whether paid or unpaid, or of a majority of the members if there be no capital stock is necessary. The by-laws shall be signed by the stockholders or members voting for them and shall be kept in the principal office of the corporation, subject to the inspection of the stockholders or members during office hours, and a copy thereof, duly certified to by a majority of the directors and countersigned by the secretary of the corporation, shall be filed with the Chief of the said Division of Archives, Patents, Copyrights, and Trade-Marks, who shall attach the same to the original articles of incorporation and collect and receive a fee of two pesos for the filing thereof.

Section 21. A corporation may, unless otherwise prescribed by this Act, provide in its by-laws for the time, place, and manner of calling and conducting regular or special meetings of its directors, and the time and manner of calling and conducting regular or special meetings of stockholders or members; the number of stockholders or members necessary to constitute a quorum for the transaction of business at meetings of stockholders or members; the conditions upon which members of nonstock corporations shall be entitled to vote; the mode of securing proxies of stockholders or members and voting them; the qualifications, duties, and compensation of directors, officers and the mode and manner of giving notice thereof; the manner of election and the term of office of all officers other than directors and those elected by the directors or trustees; the penalties for violation of by-laws, not exceeding in any case the sum of two hundred pesos; in the case of stock corporations, the manner of issuing stock certificates or shares of stock; and such other matters not otherwise provided for by this Act as may be necessary for the proper or convenient transaction of the business of the corporation.

Section 22. The owners of a majority of the subscribed capital stock, or a majority of the members if there be no capital stock, may, at a regular or special meeting duly called for the purpose, amend or repeal any by-law of adopt new by-laws. The owners of two-thirds of the subscribed capital stock, or two-thirds of the members if there be no capital stock, may delegate to the board of directors the power to amend or repeal any by-law or to adopt new by-laws: PROVIDED, HOWEVER, That any power delegated to the board of directors to amend or repeal any by-law or to adopt new by-laws shall be considered as revoked whenever a majority of the stockholders or of the members of the corporation shall so vote at a regular or special meeting.

Section 23. Whenever any amendment or new by-law is adopted such amendment or by-law shall be attached to the original by-laws in the office of the corporation and a copy thereof, duly certified to by a majority of the directors and countersigned by the secretary or clerk of the corporation, shall be filed with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau, who shall attach the same to the original articles of incorporation and original by-laws on file in his office and collect and receive the sum of two pesos for the service.

MEETINGS

Section 24. The meetings of the members or stockholders of a corporation shall be held at the place where the principal office of the corporation is established or located and where practicable in the principal office of the corporation. Director's meetings may be held at the place fixed in the by-laws.

Section 25. The proceedings had and the business transacted at any meeting of the stockholders or members of a corporation, if within the powers of the corporation, shall be valid even if the meeting be improperly held or called: PROVIDED, That the stockholders or members of the corporation are present at the meeting. At any such meeting the stockholders or members of the corporation may elect officers and fill vacancies then existing, and may transact such other business of the corporation as might lawfully be transacted at a regular meeting thereof.

Section 26. Whenever, from any cause, there is no person authorized to call a meeting, or when the officer authorized to do so refuses, fails, or neglects to call a meeting, any judge of a Court of First Instance, on the showing of good cause therefor, may issue an order to any stockholder or member of a corporation, directing him to call a meeting of the corporation by giving the proper notice required by this Act or the by-laws; and if there be no person legally authorized to preside at such meeting, the judge of the Court of First Instance may direct the person calling the meeting to preside at the same until a majority of the members or stockholders representing a majority of the stock present and permitted by law to be voted have chosen one of their number to act as presiding officer for the purposes of the meeting.

Section 27. Executors, administrators, guardians, or other persons in a position of trust and legally authorized may vote as stockholders upon stock held in their representative capacity.

DIRECTORS OF CORPORATIONS - THEIR POWERS, DUTIES, ELECTION, AND ORGANIZATION

Section 28. Unless otherwise provided in this Act, the corporate powers of all corporations formed under this Act shall be exercised, all business of such corporations conducted, and all property of such corporations controlled and held by a board of not less than five nor more than eleven directors to be elected from among the holders of stock, or, where there is no stock, from the members of the corporation.

Section 29. At the meeting for the adoption of the original by-laws, or at such subsequent meeting as may be then determined, directors shall be elected to hold their offices for one year and until their successors are elected and qualified. Thereafter the directors of the corporation shall be elected annually by the stockholders if it be a stock corporation or by the members if it be a nonstock corporation, and if no provision is made in the by-laws for the time of election the same shall be held on the first Tuesday after the first Monday in January. Unless otherwise provided in the by-laws, two weeks' notice of the election of directors must be given by publication in some newspaper of general circulation devoted to the publication of general news at the place where the principal office of the corporation is established or located, and by written notice deposited in the post-office, postage prepaid, addressed to each stockholder, or, if there be no stockholders, then to each member, at his last known place of residence. If there be no newspaper published at the place where the principal office of the corporation is established or located, a notice of the election of directors shall be posted for a period of three weeks immediately preceding the election in at least three public places, in the place where the principal office of the corporation is established or located.

Section 30. Every director must own in his own right at least one share of the capital stock of the stock corporation of which he is a director, which stock shall stand in his name on the books of the corporation. Any director who ceases to be the owner of at least one share of the capital stock of a stock corporation of which he is a director shall thereby cease to be a director. Directors of all other corporations must be members thereof and at least two of the directors of all corporations organized under this Act must be residents of the Philippine Islands.

Section 31. At all elections of directors there must be present, either in person or by representative authorized to act by written proxy, the owners of the majority of the subscribed capital entitled to vote, or, if there be no capital stock, then a majority of the members entitled to vote. The elections must be by ballot, and every stockholder entitled to vote shall have the right to vote in person or by proxy the number of shares of stock standing at the time fixed in the by-laws in his own name on the stock books of the corporation, and said stockholders may vote such number of shares for as many persons as there are directors or he may cumulate said shares and give one candidate as many votes as the number of directors to be elected multiplied by the number of his shares shall equal, or he may distribute them on the same principle among as many candidates as he shall see fit: PROVIDED, That the whole number of votes cast by him shall not exceed the number of shares owned by him as shown by the books of the corporation multiplied by the whole number of directors to be elected: AND PROVIDED, That no stock declared delinquent by the board of directors for unpaid subscriptions shall be voted. Members of corporations which have no capital stock may cast as many votes for one director as there are directors to be elected, or may distribute the same among any or all of the candidates. Directors receiving the highest number of votes shall be declared elected. Any meeting of the stockholders or members called for an election may adjourn from day to day or from time to time if for any reason no election is had or if there are not present or represented by proxy at the meeting the owners of a majority of the subscribed capital stock entitled to vote or if there be no capital stock a majority of the members entitled to vote.

Section 32. If for any cause no meeting is held on the day fixed and appointed by law or by the by-laws of the corporation for holding the election of directors, a meeting may be called for that purpose either by the directors or as provided in section twenty-six; and the meeting held in pursuance of such call the election may be had with the same effect as if it had taken place on the day fixed by law or by the by-laws of the corporation.

Section 33. Immediately after election the directors of a corporation must organize by the election of a president, who must be one of their number, a secretary or clerk who shall be a resident of the Philippine Islands and a citizen of the Philippine Islands or of the United States, and such other officers as may be provided for in the by-laws. The directors and officers so elected shall perform the duties enjoined on them by law and by the by-laws of the corporation. A majority of the directors shall constitute a quorum for the transaction of corporate business, and every decision of majority of the quorum duly assembled as a board shall be valid as a corporate act.

Section 34. Directors of a corporation may be removed from office by a vote of two-thirds of the members entitled to vote, or, if the corporation be a stock corporation, by a vote of the stockholders holding or representing two-thirds of the subscribed capital stock entitled to vote: PROVIDED HOWEVER, That such removal shall take place either at a regular meeting of the corporation or at a special meeting called for the purpose, and in either case, after previous notice to stockholders or members of the intention to propose such removal at the meeting. A special meeting of the stockholders or members of a corporation for the purpose of removal of directors, or any of them, must be called by the secretary or clerk on order of the president or on the written demand of a majority of the members entitled to vote, or, if it be a stock corporation, on the written demand of the stockholders representing or holding at least one-half of the shares entitled to be voted. Should the secretary or clerk fail or refuse to give the notice, or if there is no secretary or clerk, the call for the meeting may be addressed directly to the members or stockholders by any member or stockholder of the corporation signing the demand. Notice of the time and place of any such meeting, as well as of the intention to propose such removal, must be given by publication or by written notice as prescribed by section twenty-nine. In case of removal on the vote of the stockholders or the members, as the case may be, the vacancy so created may be filled by election at the same meeting without further notice, or at any general meeting or at any special meeting called for the purpose, after giving notice as prescribed by section twenty-nine.

STOCK AND STOCKHOLDERS

Section 35. The capital of stock corporations shall be divided into shares for which certificates signed by the president or the vice-president, countersigned by the secretary or clerk and sealed with the seal of the corporation, shall be issued in accordance with the by-laws. Shares of stock so issued are personal property and may be transferred by delivery of the certificate indorsed by the owner or his attorney in fact or other person legally authorized to make the transfer. No transfer, however, shall be valid, except as between the parties, until the transfer is entered and noted upon the books of the corporation as to show the names of the parties to the transaction, the date of the transfer, the number of the certificate, and the number of shares transferred.

No share of stock against which the corporation holds any unpaid claim shall be transferable on the books of the corporation.

Section 36. Subscribers for stock shall pay to the corporation quarterly on all unpaid subscriptions interest, from the date of subscription, at the rate of six per centum per annum unless otherwise provided in the by-laws. No certificate of stock shall be issued to a subscriber as fully paid until the full par value thereof has been paid by him to the corporation. Subscribed shares not fully paid up may be voted provided no subscription call or interest due on subscription is unpaid and delinquent.

CALLS FOR UNPAID SUBSCRIPTIONS AND ASSESSMENT OF STOCK

Section 37. The board of directors or trustees of any stock corporation formed, organized, or existing under this Act may at any time declare due and payable to the corporation unpaid subscriptions to the capital stock and may collect the same with interest accrued thereon or such percentage of said unpaid subscriptions as it may deem necessary.

Section 38. The order of the board of directors payable any unpaid subscriptions to the capital stock shall state what percentage of the unpaid subscription is due and payable, when, where, and to whom payable, the date of delinquency, which must be subsequent to the full term of publication of the notice of call for unpaid subscriptions and not less than thirty days nor more than sixty days from the date of the order of the board calling for the payment of unpaid subscriptions, and the date on which the delinquent stock will be sold which must not be less than fifteen days nor more than sixty days from the date the stock becomes delinquent.

Notice of the order declaring unpaid subscriptions to the capital stock due and payable shall be given by the secretary or clerk of the corporation substantially in the following form:

_________________________________

(Here insert name of corporation in full and location of principal office.)

Notice is hereby given that a meeting of the board of directors held on the _____________________ unpaid subscriptions to the capital stock of the corporation (or

(Here insert date)

the percentage thereof declared due) were declared due and payable ___________________________________(Here insert when, to whom, and where.)

_______________________ All stock upon which the subscription, with interest accrued, has not been paid on _______________________

(Here insert date fixed for delinquency.)

will be delinquent and advertised for sale at public auction, and unless payment of the subscriptions, with interest and costs accrued, is made before sale of the stock, same will be sold on the _______________________________ to pay the amount of the subscription (Here insert date fixed for sale.)

and accrued interest, together with the costs of advertising and expenses of sale.

___________________________________

(Here insert signature of secretary or clerk,

____________________________________

with location of office.)

Section 39. If the whole or any part of the subscription on unpaid capital stock with interest accrued is unpaid on the date of delinquency, such unpaid stock becomes subject to sale, and the secretary or clerk, unless otherwise ordered by the board of directors, must give notice of delinquency and sale substantially in the following form:

_________________________________

(Here insert name of corporation in full and location of principal office.)

NOTICE.

The following-described stock is delinquent for nonpayment of the unpaid subscription thereon, with interest accrued, due and payable on the _________________________,

(Here insert date.)

in the amounts set opposite the names of the respective shareholders, as follows:

________________________________________

(Here insert names, number of each certificates unpaid, number of shares, amount due on unpaid subscription, date from which interest is accrued.)

________________________________________

Now, therefore, in accordance with law, so may shares of said stock belonging to the several owners as may be necessary will be sold at ________________________________________

(Here insert principal office of the corporation.)

on the __________________ at __________________ of said day, to pay the amount of

(Here insert date.) (Here insert hour.)

the unpaid subscription thereon, together with interest, costs of advertising, and expenses of sale.

____________________________________

(Here insert signature of secretary or clerk,

____________________________________

and location of office.)

Section 40. Notice of call for unpaid subscriptions must be either personally served upon each stockholder or deposited in the post-office, postage prepaid, addressed to him at his place of residence, if known, and, if not known, addressed to the place where the principal office of the corporation is situated. The notice must also be published once a week for four successive weeks in some newspaper of general news published at the place where the principal office of the corporation is established or located, and posted in some prominent place at the works of the corporation if any such there be. If there be no newspaper published at the place where the principal office of the corporation is established or located, then such notice may be published in any newspaper of general circulation devoted to the publication of general news in the Islands.

Section 41. Notices of delinquency and sale of stock for unpaid subscription must be published in the newspapers specified in the section immediately preceding, and, when published in a daily newspaper, must be published in ten successive issues of said newspaper previous to the day of sale, and, when published in a weekly newspaper, must be published two weeks previous to the sale and the first publication must be fifteen days prior to the day of sale.

Section 42. From and after the publication of the notices of delinquency and sale of stock for unpaid subscriptions the corporation acquires jurisdiction to sell and convey all of the stock described in the notices of sale, but the corporation must sell no more of the stock mentioned in the notices than is necessary to pay the amount of the subscription due, with interest accrued, and the expenses of advertising and the costs of sale.

Section 43. On the day and at the place and hour of sale specified in the notices of delinquency and sale of stock for unpaid subscriptions the secretary or clerk shall, unless otherwise ordered by the board of directors, sell or cause to be sold at public auction, to the highest bidder, for cash, so many shares of the stock described in the notice as may be necessary to pay the amount due on the subscription, with interest accrued, expenses of advertising, and costs of sale.

Section 44. The person offering such sale to pay the unpaid subscription, with interest accrued, together with expenses of advertising and costs of sale, for the smallest number of shares or fraction of a share, shall be the highest bidder, and the stock purchased must be transferred to him on the stock books of the corporation on payment of the amount due on the unpaid subscription, together with the expenses of advertising and costs of sale.

If, at the sale of the stock for unpaid subscription, no bidder offers to pay the amount due with expenses of advertising and costs of sale, the same may be bid by the corporation, through the secretary or clerk or president or any shareholder thereof, and the amount of subscription due, together with the expenses of advertising and costs of sale, shall be credited as paid in full on the books of the corporation and entry of the transfer of the stock to the corporation made.

Section 45. The legal title to all stock purchased by the corporation at sales of stock for unpaid subscriptions is vested in the corporation, and the stock so purchased may be disposed of by the stockholders in accordance with law and the by-laws of the corporation by a majority vote of all the remaining shares.

Section 46. The dates fixed in any call for unpaid subscription or in any notice of delinquency and sale of stock for unpaid subscription, published according to the provisions of this article, may be extended from time to time, for a period of not more than thirty days, by order of the board of directors entered upon the records of the corporation, but no order extending the time for the performance of any act specified in such notice is effectual unless the notice of such extension or postponement is appended to the notice to which the order relates, and is thereafter published with the notice.

Section 47. No action can be sustained to recover stock sold for delinquent unpaid subscription upon the ground of irregularity or defect in the calls for such unpaid subscription, or irregularity or defect on the notice of delinquency and sale, or in the sale itself of stock for unpaid subscription, unless the party seeking to maintain such action first pays or tenders to the party holding the stock the sum for which the same was sold, together with all subsequent calls which may have been paid upon the stock so sold, with interest from the date of payment at the rate of seven per centum per annum, and no such action shall be maintained unless it is commenced within six months from date of sale.

Section 48. The posting of the notices of call for unpaid subscriptions and notices of delinquency and sale of stock for unpaid subscriptions may be proved prima facie by affidavit of the secretary or clerk or other officer of the corporation, and the publication of such notices may be proved to the same extent by the affidavit of the printer, foreman, or principal clerk of the newspaper in which the notices were published, the time and place of sale of the stock, the quantity of the stock sold, its particular description, the person to whom the stock was sold, the price for which it was sold and the amount of the purchase money paid may be proved prima facie by the affidavit of the auctioneer or of the secretary or clerk or of the treasurer of the corporation.

The affidavits mentioned in this section must be filed in the office of the corporation, and copies thereof, certified to be true and correct by the secretary of the corporation, may be received by the courts, and others, as prima facie evidence of the facts therein stated.

Section 49. Nothing in this Act shall prevent the directors from collecting by action in any court of proper jurisdiction, the amount due on any unpaid subscription, together with accrued interest and costs and expenses incurred.

Section 50. No stock delinquent for unpaid subscription shall be voted or entitled to a vote or representation at any stockholders' or directors' meeting, or for any corporate purpose whatever.

CORPORATE BOOKS AND RECORDS, REPORTS OF CORPORATIONS, AND GOVERNMENT EXAMINATION AND INSPECTION OF CORPORATIONS

Section 51. All business corporations shall keep and carefully preserve a record of all business transactions, and a minute of all meetings of directors, members, or stockholders, in which shall be set forth in detail the time and place of holding the meeting, how authorized, the notice given, whether the meeting was regular or special, if special its object, those present and absent, and every act done or ordered done at the meeting. On the demand of any director, member, or stockholder, the time when any director, member, or stockholder entered or left the meeting must be noted on the minutes, and on a similar demand, the yeas and nays must be taken on any motion or proposition and a record thereof carefully made. The protest of any director, member, or stockholder on any action or proposed action must be recorded in full on his demand.

The record of all business transactions of the corporation and the minutes of any meeting shall be open to the inspection of any director, member, or stockholder of the corporation at reasonable hours.

Section 52. Business corporations must also keep a book to be known as the "Stock and transfer book," in which must be kept a record of all stock, the names of the stockholders or members alphabetically arranged; the installments paid and unpaid on all stock for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale, or transfer of stock made, the date thereof, and by and to whom made; and such other entities as the by-laws may prescribe. The stock and transfer book shall be open to the inspection of any director, stockholder, or member of the corporation at reasonable hours.

Section 53. Every public-utility or public-service corporation, whether domestic or foreign, doing business for profit in the Philippine Islands must file with the Insular Auditor, on or before the thirty-first day of March of each year, a report of its operations for the preceding year ending December thirty-first which report shall be verified by the oath of the president or manager and the secretary or clerk, or treasurer of the corporation, and shall show clearly:

(1) The full amount of the capital stock and the amount thereof actually paid into the treasury on the thirty-first day of December immediately preceding;

(2) Its available assets on the thirty-first day of December immediately preceding, including cash and real and personal property and credits due the corporation, and the encumbrances, if any thereon;

(3) The nature and amount of its entire indebtedness on the thirty-first day of December immediately preceding;

(4) The total receipts and expenditures for the calendar year immediately preceding;

(5) The profit or loss of the corporation for the calendar year immediately preceding;

(6) The number and amount of dividends paid during the calendar year immediately preceding:

PROVIDED, HOWEVER, That none of the contents of such report shall be made public without the express authorization of the Governor-General: AND PROVIDED FURTHER, That in case the fiscal year of a corporation does not terminate with the thirty-first day of December it shall be deemed a sufficient compliance with this section if the report states the details required down to the close of the regular fiscal year of the corporation. In such case the report of the corporation shall be filed with the Insular Auditor within three months after the close of its fiscal year.

Section 54. The Governor-General may, at any time, order the Attorney-General, the Insular Auditor, the Insular Treasurer, or any other officer of the Government to make an examination into the business affairs, administration, and condition of any corporation transacting business in the Philippine Islands, and thereupon it shall be the duty of the Attorney-General, the Insular Auditor, the Insular Treasurer, or any other officer designated, to make such examination; and for the purposes thereof the Attorney-General, the Insular Auditor, the Insular Treasurer, or other official designated shall have the authority to administer oaths to the directors, officers, stockholders, or members of any corporation or to other persons, and to examine under oath or otherwise such directors, officers, stockholders, members, or other persons in relation to the business transacted by said corporation, the administration of its affairs and the condition thereof. For the purposes of such examination the books, papers, letters, and documents belonging to such corporation or pertaining to its business administration or condition shall be open to the inspection of the Attorney-General, the Insular Auditor, the Insular Treasurer, or other officer designated, and upon the application of either of them to any Court of First Instance, or to any judge of the Supreme Court, a subpoena may be issued directing any person in the Philippine Islands to appear as a witness and to produce for the inspection of the Attorney-General, the Insular Auditor, the Insular Treasurer, or other officer designated, any books, papers, documents, letters, or other records in his possession. Any witness failing to obey such subpoena shall be liable to punishment by the Supreme Court or the Court of First Instance, as the case may be, in the same manner and to the same extent as if he had disobeyed a subpoena issued out of the Supreme Court or the Court of First Instance in a matter pending before either of said courts.

The Attorney-General, the Insular Auditor, the Insular Treasurer, or other officer designated, as the case may be, shall make a full and complete report to the Governor-General of the examination made by him, together with his recommendations, and the Governor-General, if he deems proper, shall direct the Attorney-General to take such proceedings as the report may seem to justify and the state of the case require.

Section 55. The Attorney-General, the Insular Auditor, the Insular Treasurer, or other officer designated by the Governor-General to make the examination shall not disclose to any one other than the Governor-General the details or results of the examination or investigation, and if the officer designated to make the examination discloses to any person other than the Governor-General the details or results of the examination or investigation, he shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not less than five hundred pesos nor more than two thousand pesos, or both such fine and imprisonment, in the discretion of the court.

FORCED SALE OF FRANCHISES

Section 56. Any franchise granted to a corporation to collect tolls, or to occupy, enjoy, or use public property or any portion of the public domain or any right of way over public property or the public domain, and any rights and privileges acquired under such franchise, may be levied upon and sold under execution, together with the property necessary for the enjoyment, the exercise of the powers, and the receipt of the proceeds of such franchise or right of way, in the same manner and with like effect as any other property to satisfy any judgment against the corporation: PROVIDED, That the sale of the franchise or right of way and the property necessary for the enjoyment, the exercise of the powers, and the receipt of the proceeds of said franchise or right of way is specially decreed and ordered in the judgment: AND PROVIDED FURTHER, That the sale shall not become effective until confirmed by the court after due notice.

Section 57. The officer selling any franchise under execution shall, after confirmation by the court, issue a certificate of purchase to the purchaser of the franchise and shall place such purchaser in peaceful possession of all property described in the judgment as necessary for the enjoyment of the franchise or right of way, the exercise of its powers, or the receipt of its proceeds.

Section 58. From and after issuance of the certificate of purchase of the franchise or right of way, the purchaser shall exercise all the powers and privileges and enjoy all the rights and be subjected to all the liabilities of the franchise or grant of right of way to the same extent as would have been the corporation had the sale not taken place.

Section 59. The purchaser of the franchise or his assignee shall be entitled to recover any penalties or damages recoverable by the corporation and imposed or allowed by law for an injury to the franchise, or any property necessary for the enjoyment of the franchise or right of way, or of the privileges of either, occurring during the time he holds the franchise or right of way. Said purchaser or his assignee may use the name of the corporation in any action necessary to recover the penalties and damages named in this section, and the recovery of such penalties and damages shall be a bar to any subsequent action to recover the same by or on behalf of the corporation.

Section 60. The corporation whose franchise or right of way is sold as provided in section fifty-six hereof, except as to the rights and powers acquired by the purchaser and the duties, obligations, penalties, and forfeitures imposed on the purchaser of the franchise or right of way, retains the same powers, is bound to discharge the same duties, and is liable to the same obligations, penalties, and forfeitures as before such sale. The rights acquired by the purchaser of the franchise shall be subject to the prior rights of mortgagees and lien holders.

Section 61. The sale of any franchise and right of way under execution shall be made in the place in which the corporation has its principal office.

VOLUNTARY DISSOLUTION OF CORPORATIONS

Section 62. A corporation may be dissolved at any time by the Court of First Instance for the province where the principal office of the corporation is situated upon the voluntary application of a majority of the members or of the stockholders holding at least two-thirds of all shares of stock issued or subscribed.

Section 63. The application for dissolution must be in writing and shall set forth all claims and demands against the corporation, and that, at a meeting of the members or stockholders of the corporation called for that purpose, the dissolution of the corporation was resolved upon by a majority of the members or, if a stock corporation, by the affirmative vote of the stockholders holding or representing two-thirds of all shares of stock issued or subscribed.

Section 64. The application for dissolution must be signed by a majority of the board of directors or other officers having the management of the affairs of the corporation and must be verified by the president or secretary or clerk or some director of the corporation.

Section 65. Notice of the application for dissolution must be given by the clerk of the court upon order of the court by publication for not less than thirty days nor more than sixty days in some newspaper of general circulation devoted to the publication of general news published at the place where the principal office of the corporation is established or located, or, if there be no such newspaper, then in some newspaper of general circulation in the Islands devoted to the publication of general news. The notice must also be posted in at least three public places at the place where the principal office of the corporation is established or located. The date on which the right of objection to the application expires must be set out in the notice and must be subsequent to the period prescribed for the publication of such notice.

Section 66. On or before the date on which the right of objection expires as declared in notice, any person may file objections to the dissolution of the corporation. The issue made by the application and the objection thereto shall be tried by the court upon five days' notice to the applicants and to the persons who have filed objections, and shall be determined by the court as justice and right may require. Should no objections to the application be filed on or before the date prescribed for filing the same, the court shall proceed to hear the application, and if the application is sufficient and all the material statements made therein are shown to be true, the court may appoint receivers to collect and take charge of the assets of the corporation and shall declare the corporation dissolved and decree such disposition of its assets and property remaining as the law may permit and justice may require.

Section 67. The application, notices thereof and proof of publication and posting of notices, the objections filed to the dissolution, if any there be, the declaration of dissolution, and the evidence and proofs taken of dissolution shall constitute the record in the case, and an appeal from the judgment may be taken to the Supreme Court as from other judgments of Courts of First Instance.

FOREIGN CORPORATIONS

Section 68. No foreign corporation or corporation formed, organized, or existing under any laws other than those of the Philippine Islands shall be permitted to transact business in the Philippine Islands until after it shall have obtained a license for that purpose from the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau upon order of the Secretary of Finance and Justice in case of banks, savings and loan banks, trust corporations, and banking institutions of all kinds, and upon order of the Secretary of Commerce and Police in case of all other foreign corporations. No order for a license shall be issued by either of said secretaries except upon a statement under oath of the managing agent of the corporation, showing to the satisfaction of the proper Secretary that the corporation is solvent and in sound financial condition, and setting forth the resources and liabilities of the corporation within sixty days of the date of presenting the statement, as follows:

(1) The name of the corporation;

(2) The purpose for which it was organized;

(3) The location of its principal or home office;

(4) The capital stock of the corporation and the amount thereof actually subscribed and paid into the treasury on the __________________________

(Here insert date, month, year.)

(5) The net assets of the corporation over and above all debts, liabilities, obligations, and claims outstanding against it on the ______________________________

(Here insert date, month, year.)

(6) The name of an agent residing in the Philippine Islands authorized by the corporation to accept service of summons and process in all legal proceedings against the corporation and of all notices affecting the corporation:

PROVIDED, HOWEVER, That the Secretary of Finance and Justice or the Secretary of Commerce and Police, as the case may be, before ordering that a license be issued in the case of any particular corporation, may require further evidence of the solvency and fair dealing of the corporation if in his judgment such further information is essential.

Upon filing in the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau the said statement, a certified copy of its charter and the order of the Secretary of Finance and Justice or of the Secretary of Commerce and Police, as the case may be, for the issuance of a license, the Chief of the said Division shall issue to the foreign corporation as directed in the order a license to do business in the Philippine Islands, and for the issuance of said license the Chief of the said Division shall collect a fee of fifty pesos: PROVIDED, HOWEVER, That the Secretary of Finance and Justice or the Secretary of Commerce and Police, as the case may be, may issue to any foreign commercial corporation transacting business in the Philippine Islands at the time of the passage of this Act and continuously in the Philippine Islands for more than three years prior thereto a license to do business in the Philippine Islands without requiring the statement prescribed by this section, but the license to so transact business shall be secured and the fee paid therefor by such corporation.

Section 69. No foreign corporation or corporation formed, organized, or existing under any laws other than those of the Philippine Islands shall be permitted to transact business in the Philippine Islands or maintain by itself or assignee any suit for the recovery of any debt, claim, or demand whatever, unless it shall have the license prescribed in the section immediately preceding. Any officer, director, or agent of the corporation or any person transacting business for any foreign corporation not having the license prescribed shall be punished by imprisonment for not less than six months nor more than two years or by a fine of not less than two hundred pesos nor more than one thousand pesos, or by both such imprisonment and fine, in the discretion of the court.

Section 70. Every foreign corporation and every corporation not formed, organized, or existing under the laws of the Philippine Islands but transacting business in the Islands at the time of the passage of this Act shall be allowed six months from its passage in which to secure the license, present the statement, and make the deposits required.

Section 71. The Secretary of Finance and Justice or the Secretary of Commerce and Police, as the case may be, by and with the approval of the Governor-General, may revoke the license to transact business in the Philippine Islands of any corporation not formed, organized, or existing under the laws of the Philippine Islands, should such Secretary and the Governor-General find the condition of the corporation to be one of insolvency or that its continuance in business will involve probable loss to those transacting business with it, and after such revocation it shall be unlawful for any such corporation to transact business in the Philippine Islands unless its license is renewed or reissued. In case of revocation of license the Attorney-General shall take such proceedings as may be proper to protect creditors and the public.

Section 72. Summons and legal process served upon the agent designated to accept service thereof in the statement required to be filed by section sixty-eight of this Act shall give jurisdiction to the courts over the corporation filing said statement, and service of notices on such agent shall be as binding upon the corporation which he represents as if made upon the corporation itself.

Should the authority of such agent to accept service of summons and legal process on the corporation or notice to it be revoked, or should such agent become mentally incompetent or otherwise unable to accept service while exercising such authority, it shall be the duty of the corporation to promptly name and designate another agent upon whom service of summons and process in legal proceedings against the corporation and of notices affecting the corporation may be made and to file with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau a duly authenticated nomination of such agent.

Should there be no person authorized by the corporation upon whom service of summons, process, and all legal notices may be made, service of summons, process, and legal notices may be made upon the Secretary of Finance and Justice in the case of banks, savings and loan banks, trust corporations, and other banking institutions, and upon the Secretary of Commerce and Police in the case of all other corporations, and such service shall be as effective as if made upon the corporation or upon its duly authorized agent. In case of service for the corporation upon the Secretary of Finance and Justice or Secretary of Commerce and Police, as the case may be, the proper Secretary shall register and transmit by mail to the president or the secretary or clerk of the corporation at its home office or principal office a copy, duly certified by him, of the summons, process, or notice. The sending of such copy of the summons, process, or notice shall be a necessary part of the service and shall complete the service. The registry receipt of mailing shall be conclusive evidence of the sending. All costs necessarily incurred by the proper Secretary for the making and the mailing and sending of a copy of the summons, process, or notice to the president or the secretary or clerk of the corporation at its home office or principal office shall be paid in advance by the party at whose instance the service is made.

Section 73. Any foreign corporation or corporation not formed, organized, or existing under the laws of the Philippine Islands and lawfully doing business in the Islands shall be bound by all laws, rules, and regulations applicable to domestic corporations of the same class, save and except such only as provide for the creation, formation, organization, or dissolution of corporations or such as fix the relations, liabilities, responsibilities, or duties of members, stockholders, or officers of corporations to each other or to the corporation: PROVIDED HOWEVER, That nothing in this section contained shall be construed or deemed to impair any rights that are secured or protected by the Treaty of Peace between the United States and Spain, signed at the city of Paris on December tenth, eighteen hundred and ninety-eight.

MISCELLANEOUS PROVISIONS

Section 74. The misnomer of a corporation in any written instrument does not invalidate the instrument if it can be ascertained from it with reasonable certainty what corporation was intended.

Section 75. Any corporation or Sociedad Anonima formed, organized, and existing under the laws of the Philippine Islands and lawfully transacting business in the Philippine Islands on the date of the passage of this Act, shall be subject to the provisions hereof so far as such provisions may be applicable and shall be entitled at its option either to continue business as such corporation or to reform and organize under and by virtue of the provisions of this Act, transferring all corporate interests to the new corporation which, if a stock corporation, is authorized to issue its shares of stock at par to the stockholders or members of the old corporation according to their interests.

Section 76. This Act or any part thereof may be amended or repealed at any time by the legislative authority, and any or all corporations created by virtue of this Act may be dissolved by legislative enactment. No right or remedy in favor of or accrued against any corporation, its stockholders or officers, nor any liability incurred by any such corporation, its stockholders or officers, shall be removed or impaired either by the subsequent dissolution of said corporation or by any subsequent amendment or repeal of this Act or of any part or portion thereof.

Section 77. Every corporation whose charter expires by its own limitation or is annulled by forfeiture or otherwise, or whose corporate existence for other purposes is terminated in any other manner, shall nevertheless be continued as a body corporate for three years after the time when it would have been so dissolved, for the purpose of prosecuting and defending suits by or against it and of enabling it gradually to settle and close its affairs, to dispose of and convey its property and to divide its capital stock, but not for the purpose of continuing the business for which it was established.

Section 78. At any time during said three years said corporation is authorized and empowered to convey all of its property to trustees for the benefit of members, stockholders, creditors, and others interested. From and after any such conveyance by the corporation of its property in trust for the benefit of its member, stockholders, creditors, and others in interest, all interest which the corporation had in the property terminates, the legal interest vests in the trustees, and the beneficial interest in the members, stockholders, creditors, or other persons in interest.

Section 79. No private property shall be taken by any corporation under any franchise for any purpose without proper condemnation proceedings and without just compensation paid or tendered therefor, and any authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual and necessary purposes for which the franchise is granted; and no franchise, privilege, or concession shall be granted to any corporations except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the United States, and in case of public-service corporations that the charges made by reason of the exercise of the franchise shall be subject to regulation from time to time by the Government of the Philippine Islands; and such corporation shall pay annually to the Insular Treasurer such percentage of its gross earnings as may be required by general or special laws, and that lands or rights of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and concession under which they were granted or upon their revocation or repeal.

Section 80. The provisions of this chapter are applicable to every corporation formed or organized under this Act unless such corporation is excepted from its operation or unless some special provision is made in Chapter II in relation thereto inconsistent with the provisions of this chapter, in which case the special provision shall prevail.

CHAPTER II. SPECIAL PROVISIONS RAILROAD CORPORATIONS

Section 81. A railroad corporation by consent of the stockholders holding a majority of the issued capital stock may mortgage the corporate property and franchises or execute deeds of trust thereof to trustees selected by such stockholders to secure payment of bonds notes issued by the railroad corporation for the purpose of securing money for its legitimate corporate purposes, including the construction and equipment of its road.

Section 82. Before commencing work on any one section or district of the line, the railroad corporation shall file with the Director of Public Works a map or plan and profile thereof showing the course, direction, length, and grades of the line in such section or district, accompanied by an explanatory statement as to the route and general conditions in said section or district of the proposed railroad, which map, plan, and profile, with the report of said Director of Public Works thereto attached, shall be submitted by him to the Philippine Commission.

Section 83. At points where the railroad may cross public highways the railroad corporation shall construct and maintain the necessary bridges and crossings so that public communications shall not be interrupted. Moreover, to avoid accidents, the railroad corporation shall put up at such crossings the necessary notices apprising the public danger from passing trains; and at crossings of peculiar danger a gate shall be placed or a guard shall be stationed by the railroad corporation whenever the provincial board of the province in which the crossing is situated, or the Municipal Board of the city of Manila, as the case may be, with the approval of the Director of Public Works, shall so direct.

Section 84. The railroad corporation shall establish along the whole length of the road a telegraph line for the use of the railroad. The posts of this line may be used for Government wires and shall be of sufficient length and strength and equipped with sufficient cross-piece to carry the number of wires which the Government may consider necessary for the public service. The establishment, protection, and maintenance of the wires and stations necessary for the public service shall be at the cost of the Government.

Section 85. The railroad corporation, before opening the road or any part thereof for the conveyance of passengers and freight, shall give notice in writing to the Director of Public Works aforesaid that the road or the part thereof proposed to be opened is ready for the safe conveyance of passengers and freight. Upon receipt of such notification the said Director of Public Works shall himself, or by his assistant, forthwith examine the roadway, bridges, tunnels, and other works of the railroad and locomotives and rolling stock intended to be used thereon, and if he finds the same to be satisfactory, in accordance with law, and safe for public travel, he shall authorize the opening of the line of such part thereof as may be duly completed and safe for public travel.

Section 86. In addition to other powers conferred by Chapter I, the railroad corporation shall enjoy the following powers, privileges, and exemptions:

(1) To occupy, with the prior approval of the Government of the Philippine Islands, any part of the public domain necessary for the purposes of the enjoyment of its franchises. Private lands may be acquired by the corporation in accordance with the exercise of the power of eminent domain in the manner provided in Act Numbered One hundred and ninety, and amendments thereto.

(2) To construct, alter, substitute, maintain, and operate the railway, make or construct all buildings, stations, shops, plants, tunnels, embankments, aqueducts, bridges, or other structures, wharves, roads, ways, passages, conduits, drains, piers, arches, cuttings, and fences on lands acquired or on which the necessary right has been obtained, and to cross any railway, tramway, river, stream, water course, lake, canal, shore, and highway where the necessary right has been obtained from those public or private corporations or individuals whose rights will be affected, also to direct or alter, temporarily as well as permanently, the course of any river, stream, water course, or highway or raise or sink the level thereof, in order the more conveniently to carry the same across, over, under, or by the side of the railroad, when the consent of the owners or rights or interest which may be prejudiced or injured shall have been obtained through contract or when compensation shall have been duly made for the injury after proper condemnation proceedings.

(3) For the purposes of the railroad and on lands lawfully acquired, to open quarries, to collect stone, to cut timber, to mine for materials, and to build and operate kilns for lime, gypsum, and brick.

(4) To conduct water to the railroad for the use of the same and to acquire, by condemnation proceedings or contract, the necessary land for such roads as may be required to give access to the railroad stations from public roads or streets in the vicinity.

(5) In case of refusal, neglect, or failure to pay proper charges for the transportation of freight, goods, or luggage to destination, the railroad corporation shall have the right to detain the freight transported until such time as the amount due shall be paid. If the payment of the rates of transportation on goods carried or transported by the railroad to their destination should not be effected within fifteen days after demand for payment, the corporation may apply to the justice of the peace of the municipality in which such goods are situate for their sale at public auction, and said justice of the peace, after giving notice of the application to the owner or consignee of the goods, shall order the sale at public auction of said goods or so much thereof as may be necessary to cover the expenses and costs of transportation and costs and expenses of sale. Notice of the sale shall be posted for at least five days prior to the sale in three of the most public places in the municipality in which the goods are situate.

(6) Freight, goods, or luggage transported to destination by the corporation and not called for by the owner or consignee for a period of two months after arrival may be sold at public auction after the making of the application, the securing of the order, and the giving of the notice of sale prescribed by paragraph five of this section.

(7) In case of the refusal or failure to pay proper charges for the transportation of goods or freight of a perishable nature or in case the owner or consignee should refuse to receive such goods or can not be found or is unknown, application for their sale may be made to the justice of the peace for the municipality in which they are situate, and after satisfying himself that said goods are perishable and likely to deteriorate if held by the railroad corporation he may order their sale with such time and after giving such notice as to him may seem proper.

(8) The proceeds of sales made in accordance with paragraphs, five, six, and seven of this section shall be applied first to the payment of the cost and expenses of said sales, and second, to the payment of freight and charges of the railroad corporation on said goods. After payment of costs and expenses of sale and the freight and charges of the railroad, the balance, if any there be, shall be deposited to the credit of the owner or consignee of the goods with the provincial treasurer of the province in which the sale took place, or if the sale took place in the city of Manila, then with the he Insular Treasurer.

Section 87. The railroad corporation shall provide on its trains proper and adequate accommodations for the transportation of the mails and shall safely transport and carry the mails at such rates and under such terms and conditions as may be agreed upon by the Director of Posts and the railroad corporation. In case the Director of Posts and the corporation shall not agree to the rate and terms of transportation of the mails, the Chief Executive of the Islands, after giving the corporation opportunity to be heard, shall fix the price, terms and conditions of such transportation. The price for carrying such mails in the regular passenger trains shall not be more than the reasonable freight charge on a similar quantity of merchandise and a fair compensation for the post-office car. If the Government of the Islands should require in addition to the ordinary mail service the transport of mail or urgent orders at other hours or at higher speed than the usual speed of passenger trains, the transport of troops, ammunition, bullion, or freight, the corporation shall provide, day or night, special conveyance for same and be allowed reasonable extra compensation therefor.

Section 88. The roadway and right way of any railroad corporation may be crossed by other lines of railroad authorized by the Government of the Islands in such manner as may be determined by the Director of Public Works with the approval of the Governor-General and upon the payment of full compensation for any damage which may be caused to the track crossed.

Section 89. From the time when the whole or any part of the railroad shall be opened to public service the railroad corporation shall establish and publish a time schedule for the arrival and departure of trains shall run its regular trains for the transportation of passengers and freight as close to said schedule as practicable and shall furnish sufficient accommodations for the transportation of all passengers who may apply for the same and for all property which may be offered within a reasonable time prior to the time of departure.

Section 90. The corporation shall concede to all passengers holding first-class tickets the free carriage of fifty kilograms of personal baggage and to those holding lower class tickets thirty kilograms of personal baggage. Personal baggage is defined to be ordinary wearing apparel, bicycles, and such articles as may be required by persons practicing any profession or trade. Personal baggage shall be accepted by the corporation only when contained in such receptacles as will safely retain and hold the same during transportation, and the railroad corporation shall not be liable beyond the extent of three hundred pesos for each fifty kilograms of weight of such baggage unless the owner thereof shall, upon offering the same for transportation, declare the contents thereof and pay therefor a reasonable insurance rate for the additional responsibility assumed by the corporation.

Section 91. Each locomotive used in the working of the line shall be furnished with a bell and with a steam whistle. The bell shall be rung and the whistle sounded at a distance of at least three hundred meters from every place at which the railroad passes any highway and the bell shall be kept ringing until the engine has crossed such highway. Each passenger train shall have proper and efficient appliances for making immediate communications with the engineer so that the engineer may be immediately signaled to stop the train.

Section 92. It shall be the duty of the railroad corporation to use the most approved appliances to prevent the escape of sparks or live coals from its locomotives and to take such precautions that the operation of said road may not unnecessarily expose properties in the vicinity of the line to danger from fire.

Section 93. Where the line is not fenced in or where there are no gates or flagmen at street crossings the speed of trains running through the streets of cities and of centers of population of municipalities shall not exceed fifteen kilometers per hour: PROVIDED, HOWEVER, That the municipal councils of municipalities in which such streets are situated may prescribe in such cases a maximum speed of less than fifteen kilometers per hour. In case any municipality should fix the maximum speed at less than fifteen kilometers per hour, the company may appeal to the Director of Public Works, who shall either confirm the rate of speed fixed by the municipality or fix such rate as to him may seem proper, not exceeding fifteen kilometers per hour.

Section 94. The corporation shall oblige every employee working on a passenger train or at a station for passengers to wear upon his hat or cap a badge which shall indicate his office, and without such badge he shall not be entitled to exercise any of the powers of his office.

Section 95. The proper agents and employees of the corporation shall affix a check or tag or every parcel of baggage delivered by any passenger to such agents or employees for transportation, and a duplicate of such clerk or tag shall be delivered to the passenger delivering the parcel. If the agents or employees of the railroad corporation do not comply with the obligation imposed by this section no fare or toll shall be collected from the passenger, and if the passenger has already paid same it shall be returned upon demand.

Section 96. The corporation may refuse to transport any package or parcel the transportation of which is prohibited by the Government.

Section 97. The tariffs and schedules of rates and charges for the transportation of passengers, baggage, parcels, packages, and freight of all kinds shall be kept posted by the corporation in a prominent place in all of its stations, and before any new tariff or schedule of rates or charges shall go into effect it shall be published for a period of at least ten days in two newspapers of the city of Manila, one of which newspapers shall be printed in English and one in Spanish.

Section 98. Every railroad corporation shall, within two years after filing its original articles of incorporation construct, complete, and operate at least five miles of its road, and at least five miles additional every year thereafter until the whole road is fully constructed and completed. Should any railroad corporation fail, after commencement of construction, to extend, complete, and operate its road for the distance required within the time prescribed, its right to extend its road beyond the point then complete shall ipso facto stand forfeited.

Section 99. On or before the first day of March of each year every railroad corporation shall file with the Insular Auditor a report of its operations for the calendar year immediately preceding, which report shall be verified by the president or general manager of the railroad corporation and the secretary or clerk and treasurer of the corporation, and shall set forth in addition to the matters required by the report specified in section fifty-three hereof the following:

(1) An itemized statement of the amount expended during said calendar year in the purchase of land, the construction of road, the purchase and construction of buildings, the purchase of engines, cars, and all kinds of rolling stock and other property;

(2) A statement showing separately the sums actually expended for repairs to engines, cars, and other rolling stock, buildings, roadway, and other property, for salaries and expenses of personnel, and other expenses, so as to show the entire expense and cost of operating the road and keeping its roadbed, rolling stock, buildings, and other real and personal property in reasonable repair;

(3) The receipts form transportation of passengers, property of freight, mails, express matter, and other sources, separately stated;

(4) The quantity of freight carried, specified in kilos.

Section 100. Every railroad corporation must furnish to every passenger to whom it sells a ticket a seat and sufficient room and accommodation for any one trip.

Section 101. If any passenger refuses to pay his fare or exhibit or surrender his ticket after reasonable opportunity to comply with the demand for fare or the request for his ticket, the conductor and other employees of the corporation may eject from the cars of the corporation the passenger so refusing or failing to pay his fare or to exhibit or surrender his ticket: PROVIDED, HOWEVER, That no unnecessary force shall be used by the conductor or other employees of the corporation, and that the passenger shall be put off the cars at some usual stopping place or near some dwelling house and after bringing the train to a complete stop.

Section 102. Every railroad corporation shall have the right to make reasonable and proper regulations for passenger and freight traffic.

SAVINGS AND MORTGAGE BANKS

Section 103. Any banking corporations, the principal business of which is the receiving of funds on time deposits, and their investment, together with that of its capital, in bonds, or in loans secured by bonds, bullion, or real estate mortgages, as hereinafter provided, or in any combination of the aforementioned forms of investment, shall be known as a savings and mortgage bank for the purposes of this Act.

Such a corporation shall not be permitted to file its articles of incorporation with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau and shall not receive his certificate of incorporation unless such articles show, under oath of the incorporators, that such corporation has a capital stock of not less than two hundred thousand pesos, and the same has been fully subscribed, and actually paid into the treasury of the corporation.

Section 104. A savings and mortgage bank may loan or invest its funds and deposits and collect such loans with interest accrued and repay its depositors with or without interests on their deposits, as may be provided in the by-laws of the corporation, and not in violation of this Act. No loan of a savings and mortgage bank shall be for a longer period than five years.

Section 105. No savings and mortgage bank shall loan any of its money or deposits unless secured -

(1) By mortgage or deed of trust to the corporation of unencumbered improved real estate in cities and centers of population of municipalities in the Philippine Islands or by mortgage or deed of trust to the corporation of actually cultivated and improved agricultural lands in the Philippine Islands: PROVIDED, HOWEVER, That the amount loaned shall not exceed forty per centum of the actual cash market value of the real estate which is security for the loan, or of the assessed valuation thereof, whichever may be smaller;

(2) By the pledge to the corporation of gold or silver bullion: PROVIDED, That the loan shall not exceed ninety per centum of the value of the pledge by which loan is secured;

(3) By bonds or evidences of debt of the Government of the United States or of the Philippine Islands or of the city of Manila or of any municipality in the Philippine Islands authorized by law to issue bonds: PROVIDED, HOWEVER, That such loan shall not exceed the face value of such bonds or evidences of debt, or the market value thereof, whichever may be the smaller;

(4) By first mortgages transferred to the corporation as collateral security on improved and otherwise unencumbered real estate in cities and centers of population of municipalities in the Philippine Island: PROVIDED, HOWEVER, That the mortgage transferred to the corporation as collateral security with interest accrued and due shall not exceed forty per centum of the actual cash market value of the real estate which secures such mortgage, or of the assessed value thereof, whichever may be smaller.

Section 106. No loan on the security of real estate shall be made unless the title to such real estate, free from all incumbrances, shall be in the mortgagor and unless the mortgage shall be a preferred claim on the property therein described as against the whole world.

Section 107. The capital stock and assets of every savings and mortgage bank constitute the security of depositors and depositors have the priority of right over all other to such assets. The directors of a savings and mortgage bank shall not create any debt or liability against the corporation for any purpose whatever other than for deposits made with it and the reasonable and necessary current and running expenses of the corporation.

Section 108. Savings and mortgage banks may purchase, hold, and convey real and personal property as follows:

(1) The lot with the building thereon in which the bank conducts and carries on its business, which shall not exceed in value seventy-five thousand pesos, or such additional sum as may be fixed by the affirmative vote of the stockholders representing two-thirds of the subscribed capital stock;

(2) Such property, real and personal, as may have been mortgaged, pledged, or conveyed to it in good faith in trust for its benefit by reason of money loaned by it in pursuance of the regular business of the bank, and such real or personal property as may have been purchased by it sales to satisfy pledges, mortgages, or deeds of trust executed to it on account of money loaned by it, and such real and personal property as may have been conveyed to it by borrowers in satisfaction and discharge of loans made by the bank to them;

(3) Bonds and other evidences of debt of the Government of the United States or of the Philippine Islands or of the city of Manila, or of any municipality in the Philippine Islands authorized by law to issue bonds, at the reasonable market value thereof, first mortgages secured by improved real estate in cities and centers of population of municipalities in the Philippine Islands, but any mortgage purchased with interest accrued shall not exceed forty per centum of the actual cash market value of the real estate which secures such mortgage, and gold bullion at a valuation not exceeding its market value: PROVIDED, HOWEVER, That any real estate purchased by said bank in payment or by reason of any loan made by such bank must be sold by the bank within five years after the title thereto has been vested in it: AND PROVIDED FURTHER, That no savings and mortgage bank shall purchase, own, or sell personal property except as may be required and permitted in the transaction of its ordinary business or for its immediate accommodation or the convenient and proper transaction of its lawful business.

Section 109. Married women and minors may, in their own right and in their own names, make deposits and receive and receipt for deposits, dividends, and interest: PROVIDED, HOWEVER, That if any guardian shall give notice in writing to any savings and mortgage bank not to make payment of deposits, dividends, or interest to the minor of whom he is guardian, then such payment shall be made only to the guardian.

Section 110. Before declaring any dividend, five per centum of the net profits must be deducted and set aside as a part of the serve fund, and the reserve fund thereby created be invested as are other funds of the bank. The earnings of the reserve fund, whether created out of capital stock or out of profits, shall constitute, a part of the reserve. The reserve fund shall be used exclusively for the purpose of paying losses sustained by the bank in the pursuit of its lawful business: PROVIDED, That the bank may provide by its by-laws for the disposal of any excess in the reserve fund over twenty per centum of its liabilities inclusive of stock, and also for the final disposal of the reserve fund upon the dissolution of the corporation after the payment of all liabilities.

Section 111. Savings and mortgage banks may require by their by-laws that depositors shall give notice, not exceeding ninety days, of the intended withdrawal of their deposits, and any savings and mortgage bank requiring such notice may decline to make payment of any deposit until such notice is given and time prescribed in its by-laws for such notice has expired.

Section 112. Whenever there is a call by depositors for repayment of their deposits and the call so made equals or exceeds the moneys actually available in the bank and disposable for the purpose of paying deposits of paying deposits, the savings and mortgage bank shall not make any new loans or investment of the funds of depositors or of the earnings of such funds until the call of the depositors has been satisfied.

Any officer or director of a savings and mortgage bank making or authorizing the making of any loan or investment of funds of depositors or of the earnings of such funds in violation of this section shall be punished by imprisonment for not less than one year nor more than five years and by a fine of not less than one thousand nor more than five thousand pesos.

Section 113. No director or officer of any savings and mortgage bank shall, either directly or indirectly, for himself or as the representative or agent of others, borrow any of the deposits or funds or such bank, nor shall he become a guarantor, endorser, or surety for loans from such bank to others or in any manner be an obligor for moneys borrowed of the bank or loaned by it. The office of any director of officer of a savings and mortgage bank who violates the provision of this section shall immediately become vacant and the director or officer shall be punished by imprisonment not exceeding ten years and by a fine of not less than one thousand nor more than five thousand pesos.

Section 114. No loan made by any savings and mortgage bank on the security of real estate shall be made unless the title to such real estate shall have been first registered in accordance with the Land Registration Act.

Section 115. Any director or officer of any savings and mortgage bank who receives or permits or causes to be received in said bank any deposit or who pays out or permits or causes to be paid out of any funds of said bank or who transfer or permits or causes to be transferred any securities or property of said bank after said bank becomes insolvent shall be punished by a fine of not less than one thousand or more than ten thousand pesos and by imprisonment for not less than two or more than ten years.

BANKING CORPORATIONS

Section 116. A banking corporation is a corporation which receives the money of others on general deposit and uses it, together with its own capital, to form a joint fund which it makes a business of employing either directly or indirectly in one or more of the following uses:

The making of loans;

The maintenance of a notice circulation; or

The purchase, sale, or collection of bills of exchange or other kinds of negotiable paper.

Section 117. A banking corporation, in addition to the general powers incident to corporations as set forth in this Act, shall have all such incidental powers as shall be necessary to carry on the banking, by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt, by receiving deposits; by buying and selling exchange, coin, and bullion; and by loaning money on personal security; but it shall make no loans upon real-estate security; PROVIDED, HOWEVER, That savings and mortgage banks may make loans on the security of real estate as hereinbefore prescribed; AND PROVIDED FURTHER, That the banking corporations engaged in the business of making loans secured by real estate, in accordance with their charters and the laws under which they were organized before the passage of this Act, may continue to make such loans on real estates as prescribed by such charters and laws.

Section 118. Banking corporations, other than savings and mortgage bank, shall not be permitted to file their articles of incorporation with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau, or to receive his certificate of incorporation unless such articles show, under oath of the incorporators, that the capital stock of such corporation is not less than two hundred thousand pesos, that fifty per centum of the whole stock has been actually subscribed, and that fifty per centum of the subscription has been actually paid into the treasury of the corporation.

Section 119. The total liabilities to a banking corporation of any person, or of any company, corporation, or firm, for money borrowed, including in the liabilities of the company or firm the liabilities of the several members thereof, shall at no time exceed fifteen per centum of the surplus and capital stock of such bank actually paid in. But the discount of bills of exchange drawn in good faith against actually existing values and the discount of commercial or business paper actually owned by the person negotiating the same not be considered as money borrowed.

Section 120. No bank organized under this Act shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale, or, in default thereof, a receiver may be appointed to close up the business of the bank in accordance with law.

Section 121. No such bank shall at any time be indebted or in any way liable to an amount exceeding the amount of its capital stock at such time actually paid in and remaining undiminished by losses or otherwise, except on account of demands of the following nature:

(1) Moneys deposited with or collected by the bank;

(2) Bills of exchange or drafts drawn against money actually on deposit to the credit of the bank or due thereto;

(3) Liabilities to the stockholders of the bank for dividends and reserve profits;

Section 122. Such bank may purchase, hold, and convey real estate for the following purposes and no other;

(1) Such as shall be necessary for its immediate accommodation in the transaction of its business;

(2) Such as shall be mortgaged to it in good faith by way of security for debts previously contracted;

(3) Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealing;

(4) Such as it shall purchase at sales under judgments, decrees, mortgages, or trust deeds held by the bank or shall purchase to secure debts due to it.

But no bank shall hold the possession of any real estate under mortgage or trust deeds or the title and possession of any real estate purchased to secure any debts due to it for a longer period than five years.

Section 123. No such bank shall loan money to any director or officer thereof, unless such loan shall previously have been approved in writing by a majority of the directors thereof and such approval shall have been entered upon the records of the bank.

Section 124. If losses have at any time been sustained by any such bank equal to or exceeding the undivided profits in hand, no dividend shall be made; and no dividend shall ever be made by any such bank while it continues in banking operations, to an amount greater than its net profits then on hand, deducting therefrom its losses and bad debts. All debts due to any bank, on which interest is past due and unpaid for a period of six months, unless the same are well secured and in process of collection, shall be considered bad debts within the meaning of this section.

Section 125. Every such bank shall at all times have on hand, in lawful money of the Philippine Islands or of the United States, an amount equal to at least twenty per centum of the aggregate amount of its deposits in all respects. The term "lawful money of the Philippine Islands" shall include silver certificates issued under authority of Act Numbered Nine hundred and thirty-eight, ordinarily called the "Gold Standard Act," and gold certificates should the issue thereof be authorized for the Philippine Islands by the Congress of the United States, and the term "lawful money of the United States" shall include gold and silver certificates of the United States and bank notes issued by national banks in the United States: PROVIDED, HOWEVER, That in case of a bank having branches as provided in section one hundred and twenty-eight of this Act the provision for a twenty per centum reserve shall be deemed to be complied with if the principal bank and its branches in the aggregate have on hand twenty per centum in lawful money of the aggregate amount of the deposits in the principal bank and all of its branches.

Section 126. Whenever the lawful money as defined in the last preceding section of any bank shall be below the amount of twenty per centum of its deposits, such bank shall not diminish the amount of such lawful money by making any new loans or discounts, nor make any dividend of its profits until the required proportion between the aggregate amount of its deposits and its lawful money has been restored. In case of the violation of this provision the business of the bank may be wound up by the appointment of a receiver or in the manner provided by Act Numbered Five hundred and fifty-six.

Section 127. Each such bank, before the declaration of a dividend, shall carry ten per centum of its net profits accruing since the last preceding dividend to a surplus fund until the same shall amount to twenty per centum of its authorized capital stock; and no part of the surplus fund shall at any time be paid out in dividends, but losses accruing in the course of business of the bank may be paid from the surplus fund. Nothing herein contained shall prevent the accumulation of a larger surplus fund should the directors so determine.

Section 128. It shall be lawful for any such bank having its head office in the city of Manila, and having a paid-up capital of not less than one million pesos, to establish a branch or branches in any municipality or municipalities in the Philippine Islands, and to conduct its authorized banking business in the city of Manila and in such branch or branches; but the corporation shall be responsible for all the business conducted in its branch or branches had all been conducted in the principal institutions at Manila. In the case of the establishment of a branch, or branches, the business shall be treated as an entirety.

Section 129. Any director or officer of any banking corporation who receives or permits or causes to be received in said bank any deposit or who pays out or permits or causes to be paid out of any funds of said bank or who transfers or permits or causes to be transferred any securities or property of said bank after said bank becomes insolvent shall be punished by a fine of not less than one thousand nor more than ten thousand pesos and by imprisonment for not less than two or more than ten years.

Section 130. Any banking corporation when advertising the amount of its capital stock shall in the advertisement state the specific amount of such capital which has actually been paid in cash.

TRUST CORPORATIONS

Section 131. Any corporation formed or organized for the purpose of acting as trustees or administering any trust or holding property in trust or on deposit for the use, benefit, or behoof of others shall be known as a trust corporation.

Section 132. No trust corporation shall be permitted to file articles of incorporation with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau or to receive his certificate of incorporation unless such articles show under oath of the incorporators that the capital stock of such corporation is not less than one million pesos, that fifty per centum of the whole stock has been actually subscribed, and that fifty per centum of the subscription has been actually paid in cash into the treasury of the corporation.

Section 133. At least four hundred thousand pesos of the capital stock of any such corporation must be paid in cash into the treasury within one year after filing the articles of incorporation, and for a failure to cause such amount of its capital stock to be paid into the treasury within the time limited, such corporation shall not be permitted to transact any new business other than that required for the administration of the business already undertaken by it. Any officer, official, director, or trustee of the corporation authorizing or transacting any business in violation of this section shall be punished by imprisonment for not less than one year nor more than five years and by a fine of not less than one thousand nor more than five thousand pesos.

Section 134. After filing its articles of incorporation and the issuance to it of the certificate of incorporation by the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau, any trust corporation, in addition to the powers conferred by general corporation laws, shall have power -

(1) To act as trustee on any mortgage or bond issued by any municipality, body politic, or corporation, and to accept and execute any other municipal or corporate trust not inconsistent with law;

(2) To act under the order or appointment of any court of record as guardian, receiver, trustee, or depositary of the estate of any minor, insane person, idiot, habitual drunkard, or other incompetent or irresponsible person, and as receiver and depositary of any moneys paid into court by parties to any legal proceedings and of property of any kind which may be brought under the jurisdiction of the court by proper legal proceedings;

(3) To act as the executor of any last will or testament when it is named in the last will and testament as the executor thereof;

(4) To act under appointment of a court of competent jurisdiction as administrator of the estate of any deceased person, with the will annexed, or as administrator of the estate of any deceased person when there is no will and when in either case there is no person qualified, competent, willing, able, and entitled to accept such administration;

(5) To accept and execute any legal trust confided to it by any court of record or by any person or corporation for the holding, management, and administration of any estate, real or personal, and the rents, issues, and profits thereof;

(6) To accept deposits of money or other personal property and to allow to the depositors of money such interest thereon as may be provided by the by-laws.

Section 135. No bond or other security shall be required from any such trust corporation for the faithful performance of its duties as trustee, executor, administrator, guardian, receiver, or depositary: PROVIDED, HOWEVER, That the court or officer appointing such corporation as trustee, executor, administrator, guardian, receiver, or depositary may, upon proper application showing special cause therefor, require any corporation which shall seek to be or shall have been so appointed to give adequate security for the protection of the funds or property confided to the corporation, and upon failure of the corporation to give the security required its appointment as trustee, executor, administrator, guardian, receiver, or depositary shall be revoked.

The court shall require the corporation to make all reports, render all accounts, perform such duties, and to do such acts as might be required by the court of a natural person acting as trustee, executor, administrator, guardian, receiver, or depositary.

Section 136. Upon the application of any executor, administrator, guardian, receiver, trustee, or depositary or any other person in interest, any court having jurisdiction of such officer, trustee, receiver, or depositary and of the subject-matter of the trust or deposit may, upon such notice to the parties in interest as the court shall direct and after hearing the application and all parties in interest desiring to be heard, order said officer, trustee, receiver, or depositary to deposit with some trust corporation lawfully doing business in the Philippine Islands the whole or any part of the moneys or personal property held by such officer, trustee, receiver, or depositary. Upon presentation to the court of the receipt or written acknowledgment of the trust corporation that the deposit of said moneys and personal property has been made in accordance with the order of the court, the court may order that the bond given or required to be given by such officer, trustee, receiver, or depositary for the faithful performance of his duties be reduced to such sum as the court may seem proper: PROVIDED, HOWEVER, That the reduced bond shall be sufficient to adequately secure the proper administration and care of any property remaining in the hands or under the control of such officer, trustee, receiver, or depositary and the proper accounting for such property. Property deposited with any trust corporation in conformity with this section shall be held by said corporation under the orders and directions of the court.

Section 137. The accounts of all moneys, properties, or securities received by any trust corporations as executor of the will of any deceased person or as administrator, with or without the will annexed, of the estate of any deceased person, or as guardian, receiver, trustee, or depositary of the estate of any minor, insane person, idiot, habitual drunkard, or other incompetent or irresponsible person, or as receiver or depositary under and by virtue of any order or appointment of any court, shall be kept separate and distinct from the accounts of its general business.

Section 138. No trust corporation shall have the right to accept any trust whatever which it would be unlawful for any individual to make, accept, or execute, and it shall be the duty of a trust corporation, acting as trustee of any legal trust, to execute such trust in accordance with the lawful terms of the trust.

Section 139. Deposits or moneys received by any trust corporation as executor of the will of any deceased person or as administrator, with or without the will annexed, or as guardian, receiver, trustee, or depositary of the estate of any minor, insane person, idiot, habitual drunkard, or other incompetent or irresponsible person, or as receiver or depositary under and by virtue of any order or appointment of any court, or as trustee under any instrument in writing constituting the corporation a trustee, unless otherwise directed by the instrument creating the trust, can be loaned only on unencumbered improved real estate in cities and centers of population of municipalities in the Philippine Islands or on actually cultivated agricultural lands in the Philippine Islands to an amount not exceeding forty per centum of the value of the real estate, or on railroad bonds guaranteed by the Philippine Insular Government or on first mortgages transferred to the corporation as collateral security on improved and otherwise unencumbered real estate in cities and centers of population of municipalities in the Philippine Islands: PROVIDED, That such first mortgages with interest accrued shall not exceed in value forty per centum of the value of the mortgaged property or on the security of gold or silver bullion; PROVIDED, That the amount loaned shall not exceed ninety per centum of the value of the bullion pledged or on the security of United States Government bonds or on the security of bonds of the Philippine Government or of the city of Manila or of any municipality authorized by law to issue bonds. No loan of such deposits on the security of real estate shall be made unless the title to such real estate shall have been first registered in accordance with the Land Registration Act. Any officer or director authorizing or making any loan on security otherwise than as provided in this section shall be punished by imprisonment not exceeding ten years and by a fine of not less than one thousand nor more than five thousand pesos.

Section 140. The capital stock and funds of the corporation other than those mentioned in section one hundred and thirty-nine may be loaned or otherwise invested as the by-laws may prescribe and the directors authorize.

Section 141. The capital stock of any trust corporation shall be security for the faithful performance of all the trust duties of the corporation: PROVIDED, HOWEVER, That claims against such corporation as executor of the will of any deceased person or as administrator, with or without the will annexed, of any deceased person, or as guardian, receiver, trustee, or depositary of the estate of any minor, insane person, idiot, habitual drunkard, or other incompetent or irresponsible person, or as receiver or depositary under and by virtue of an order or appointment of any court, shall have priority over all the other claims.

Section 142. Five per centum of the net profits of every trust corporation shall be set apart as a reserve fund, which shall be loaned or invested as prescribed in section one hundred and thirty-nine, and the earnings of the reserve funds shall constitute a part of the reserve. The reserve fund shall be used solely for the purpose of meeting the losses sustained in the lawful transaction of its business; PROVIDED, That the corporation may provide in its by-laws for the disposal of any excess of the reserve fund over twenty per centum of its liabilities, inclusive of stock, and for the final disposal thereof on the dissolution of the corporation after the payment of all liabilities.

Section 143. No loan shall be made by any trust corporation, directly or indirectly, to any director or officer thereof, except by written approval of the majority of the directors.

Any officer or director of a trust corporation authorizing, receiving, or making any such loan without the authority prescribed shall be punished by imprisonment for not less than five years nor more than ten years and by a fine of not less than two thousand nor more than twenty thousand pesos.

Section 144. Any director or officer of any trust corporation who receives for said corporation or permits or causes to be received by said corporation any deposit, or who pays out or permits or causes to be paid out of any funds of said corporation or who transfers or permits or causes to be transferred any securities or property of said corporation after said corporation becomes insolvent, shall be punished by a fine of not less than one thousand nor more than ten thousand pesos and by imprisonment of not less than two nor more than ten years.

Section 145. The ordinary business of any trust corporation shall be transacted at the place of business specified in its articles of incorporation.

Section 146. Savings banks, commercial banks, banks or issue and discount, trust corporations, and banking institutions of every kind shall be subject to all the provisions of Act Numbered Fifty-two, entitled "An Act providing for examinations of banking institutions in the Philippine Islands, and for reports by either officers," as amended by Act Numbered Five hundred and fifty-six.

DOMESTIC INSURANCE CORPORATIONS

Section 147. Corporations formed or organized to save any person or persons or other corporation harmless form loss, damage, or liability arising from any unknown or future or contingent event, or to indemnify or to compensate any person or persons or other corporation for any such loss, damage, or liability, or to guarantee the contractual obligations or debts of others, shall be known as insurance corporations for the purposes of this Act.

Section 148. No insurance corporation shall be permitted to file articles of incorporation with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau or to receive his certificate of incorporation unless such articles show, under oath of the incorporators, that the capital stock of such corporation is not less than five hundred thousand pesos, that fifty per centum of the whole stock has been actually subscribed, and that fifty per centum of the subscription has been actually paid in cash into the treasury of the corporation.

The whole subscribed capital stock of any fire or fire and marine insurance corporation must be fully paid up in cash within one year after filing its articles of incorporation, and for a failure to have its subscribed capital stock paid up within the time prescribed the corporation shall not be permitted to take any new risks or any kind or character.

Any officer, official, or director of the corporation taking or authorizing the taking of any risk for the corporation in violation of the terms of this section shall be punished by imprisonment for not less than one year nor more than five years and by a fine of not less than one thousand nor more than five thousand pesos.

Section 149. No insurance corporation shall loan any of its money or deposits except upon the security of unencumbered improved real estate in cities and centers of population of municipalities in the Philippine Islands, or on actually cultivated real estate in the Philippine Islands when the value of such real estate is at least one hundred per centum more than the amount to be loaned, or upon the security or first mortgages on real estate not otherwise encumbered transferred to it as collateral security when the value of the real estate described in the mortgage is one hundred per centum more than the amount of the mortgage with interest accrued, or upon bonds or other evidence of debt of the Government of the United States or of the Philippine Islands or of the city of Manila or of municipalities in the Philippine Islands authorized by law to issue bonds: PROVIDED, HOWEVER, That a life insurance corporation may loan its money upon the security of a policy to an amount not exceeding the cash value of the policy.

Section 150. No loan by any insurance corporation on the security of real estate shall be made unless the title to such real estate shall have been first registered in accordance with the Land Registration Act.

Section 151. Insurance corporations may purchase, hold, own, and convey real and personal property as follows:

(1) The lot with the building thereon in which the corporation conducts and carries on its business, which shall not exceed in value one hundred thousand pesos, or such additional sum as may be fixed by the affirmative vote of the stockholders representing two-thirds of the subscribed capital stock;

(2) Such property, real and personal, as may have been mortgaged, pledged, or conveyed to it in good faith in trust for its benefit by reason of money loaned by it in pursuance of the regular business of the corporation, and such real or personal property as may have been purchased by it at sales under pledges, mortgages, or deeds of trust for its benefit on account of money loaned by it, and such real and personal property as may have been conveyed to it by borrowers in satisfaction and discharge of loans made by the corporation to them: PROVIDED, HOWEVER, That any real estate purchased by said corporation in payment or by reason of any loan made by said corporation shall be sold by the corporation within five years after the title thereto has been vested in it;

(3) Bonds and other evidences of debt of the Government of the United States or of the Philippine Islands or of the city of Manila or of any municipality in the Philippine Islands authorized by law to issue bonds, at the reasonable market value thereof, and such other securities as may be approved by the Secretary of Finance and Justice.

Section 152. No insurance corporation shall declare any dividend except from the profits of the transaction of the corporate business, and then only after retaining unimpaired the entire subscribed capital stock, a sum sufficient to pay all expenses incurred by the corporation, inclusive of taxes, and a sum sufficient to pay all losses reported or in the course of settlement.

Section 153. No fire or marine insurance corporation shall insure on any one risk to an amount more than one-tenth of its capital stock paid in and intact at the time of taking the risk without reinsuring the excess.

RELIGIOUS CORPORATIONS

Section 154. For the administration of the temporalities of any religious denomination, society, or church, and the management of the estates and properties thereof, it shall be lawful for the bishop, chief priest, or presiding elder of any such religious denomination, society, or church to become a corporation sole unless inconsistent with the rules, regulations, or discipline of his religious denomination, society, or church or forbidden by competent authority thereof.

Section 155. In order to become a corporation sole, the bishop, chief priest, or presiding elder of any religious denomination, society, or church must file with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau articles of incorporation setting forth the following facts:

(1) That he is the bishop, chief priest, or presiding elder of his religious denomination, society, or church and that he desires to become a corporation sole;

(2) That the rules, regulations, and discipline of his religious denomination, society, or church are not inconsistent with his becoming a corporation sole and do not forbid it;

(3) That as such bishop, chief priest, or presiding elder he is charged with the administration of the temporalities and the management of the estates and properties of his religious denomination, society, or church within his territorial jurisdiction, describing it;

(4) The manner in which any vacancy occurring in the office of bishop, chief priest, or presiding elder is required to be filed, according to the rules, regulations, or discipline of the religious denomination, society, or church to which he belongs;

(5) The place where the principal office of the corporation sole is to be established and located, which place must be within the Philippine Islands.

Section 156. The articles of incorporation must be verified before filing by affidavit or affirmation of the bishop, chief priest, or presiding elder, as the case may be, and accompanied by a copy of the commission, certificate of election or letters of appointment of such bishop, chief priest, or presiding elder, duly certified to be correct by any notary public or clerk of a court of record.

Section 157. From and after the filing with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau of the said articles of incorporation, verified or affirmation as aforesaid and accompanied by the copy of the commission, certificate of election, or letters of appointment of the bishop, chief, priest, or presiding elder, duly certified as prescribed in the section immediately preceding, such bishop, chief priest, or presiding elder, as the case may be, shall become a corporation sole, and all temporalities, estates, and properties of the religious denomination, society, or church theretofore administered or managed by him such bishop, chief priest, or presiding elder shall be held in trust by him as a corporation sole for the use, purpose, behoof, and sole benefit of his religious denomination, society, or church, including hospitals, schools, colleges, orphan asylums, parsonages, and cemeteries thereof. For the filing of such articles of incorporation the Chief of the said Division of Archives, Patents, Copyrights, and Trade-Marks shall collect twenty-five pesos.

Section 158. The successors in office of any bishop, chief priest, or presiding elder incorporated as a corporation sole shall become the corporation sole on accession to office, and shall be permitted to transact business as such on filing with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau of copy of their commissions, certificates of election, or letters of appointment duly certified to be correct by any notary public or clerk or a court of record.

For filing such copy of a commission, certificate, or letters the said Chief of the Division of Archives, Patents, Copyrights and Trade-Marks shall collect the sum of ten pesos.

During the vacancy in the office of bishop, chief priest, or presiding elder of any church incorporated as a corporation sole, the person or persons authorized and empowered by the rules, regulations, or discipline of the religious denomination, society, or church represented by the corporation sole to administer the temporalities and manage the states and estates and property of the corporation sole during the vacancy shall exercise all the power and authority of the corporation sole during such vacancy.

Section 159. Any corporation sole may purchase and hold real estate and personal property for its church, charitable, benevolent, or educational purposes and may receive bequests or gifts for such purposes. Such corporation may mortgage or sell real property held by it upon obtaining an order for that purpose from the Court of First Instance of the province in which the property is situated; but before making the order proof must be made to the satisfaction of the court that notice of the application for leave to mortgage or sell has been given by publication or otherwise in such manner and for such time as said court or the judge thereof may have directed, and that it is to the interest of the corporation that leave to mortgage or sell should be granted. The application for leave to mortgage or sell must be made by petition, duly verified by the bishop, chief priest, or presiding elder, acting as corporation sole, and may be opposed by any member of the religious denomination, society, or church represented by the corporation sole: PROVIDED, HOWEVER, That in cases where the rules, regulations, and discipline of the religious denomination, society, or church concerned represented by such corporation sole regulate the methods of acquiring, holding, selling and mortgaging real estate and personal property, such rules, regulations, and discipline shall control and the intervention of the courts shall not be necessary.

Section 160. Any religious society or religious order, or any diocese, synod, or district organization of any church, unless forbidden by the constitution, rules, regulations or discipline of the religious order, society, or church of which it is a part, or by competent authority, may, upon the written consent of two-thirds of the membership, or by an affirmative vote of two-thirds of membership had at a regular meeting, incorporate for the administration of its temporalities or for the management of its properties or estates by filling with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau articles of incorporation verified by the affidavit or affirmation of the presiding officer, secretary, or clerk or other member of such religious society, religious order, or diocese, synod, or district organization of the church setting forth the following facts:

(1) That the religious society or religious order or synod, diocese, or district organization is a religious society or religious order or diocese, synod, or district organization of some church;

(2) That two-thirds of its membership have given their written consent or have voted two incorporate at a regular meeting of the body;

(3) That the incorporation of the religious society, religious order, or diocese, synod, or district organization of the church desiring to incorporate is not forbidden by competent authority or by the constitution, rules, regulations, or discipline of the society, church, or order or which if forms a part;

(4) That the religious society or religious order or diocese, synod, or district organization of the church desires to incorporate for the administration of its temporalities or the management of its properties or estates;

(5) The place where the principal office of the corporation is to be established and located, which place must be within the Philippine Islands;

(6) The names and residences of the directors or trustees elected by the religious society or order, or the diocese, synod, or district organization of the church to serve for the first year or such other times as may be prescribed by the laws of the society or order, or of the diocese, synod, or district organization of the church, the board of directors or trustees to be not less than five nor more than fifteen. For the filing of such articles of incorporation the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau shall collect twenty-five pesos.

Section 161. By-laws for the government of the corporation not inconsistent with law or with the constitution, by-laws, rules, regulations, or discipline of the religious society, religious order, or church of which the corporation forms a part may be adopted or amended at any regular meeting called for the purpose by the incorporated religious society or religious order or by conversation, synod, or other legal representative body of the church in an for the district.

Section 162. The by-laws of the corporation shall be signed and attested by the presiding officer and secretary or clerk of the religious society or order or of the convention, synod, or other representative body of the church adopting the same.

Section 163. The right to administer all temporalities and all property held or owned by a religious order or society, or by the diocese, synod, or district organization of any religious denomination or church shall, on its incorporation, pass to the corporation and shall be held in trust for the use, purpose, behoof, and benefit of the religious society or order so incorporated or of the church of which the diocese, synod, or district organization is an organized and constituent part.

Section 164. Such corporations shall have the right to purchase, hold, mortgage, or sell real estate for its church, charitable, benevolent, or educational purposes by and with the consent of a majority of its membership.

COLLEGES AND INSTITUTIONS OF LEARNING

Section 165. Any number of persons not less than five who have established or who may desire to establish a college, school, or other institution of learning may incorporate themselves by filing with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau articles of incorporation setting forth the following facts:

(1) The name of the corporation;

(2) The purpose for which it is organized;

(3) The place where the college, school, or institution of learning is to be conducted;

(4) The qualifications of trustees and the number of trustees, which shall not be less than five nor more than fifteen: PROVIDED, HOWEVER, That the number of trustees shall be some multiple of five;

(5) The term for which trustees shall serve and the names and residences of the trustees elected for the first term;

(6) The amount of money and description of the property to be devoted to the maintenance and support of the college, school, or other institutions of learning.

Section 166. Societies or organizations which have established colleges, schools, or other institutions or learning may, unless forbidden by their constitutions or by competent authority exercised over them, incorporate with the written consent of two-thirds of the membership, or by an affirmative vote of two-thirds of the membership had at a regular meeting or at a special meeting called for the purpose, by filing with the Chief of the Division of Archives, Patents, Copyrights, and Trade-Marks of the Executive Bureau articles of incorporation setting forth the facts prescribed for articles of incorporation in section one hundred and sixty-five.

Section 167. Societies or organizations so incorporated shall have the power to adopt by-laws not inconsistent with law and may provide in such by-laws for the election of trustees and their terms of office.

Section 168. Whenever so empowered in writing by the Secretary of Public Instruction and under such terms and conditions as said Secretary may prescribe, universities and colleges duly incorporated in accordance with this Act may grant diplomas and confer degrees.

Section 169. Unless otherwise provided in the by-laws the board of trustees of incorporated schools, colleges, or other institutions of learning shall, as soon as organized, so classify themselves that the term of office of one-fifth of their number shall expire every year. Trustees thereafter elected to fill vacancies occurring before the expiration of term shall hold office only for the unexpired term. Trustees elected thereafter to fill vacancies caused by expiration of term shall hold office for five years. A majority of the trustees shall constitute a quorum for the transaction of business. The office of the corporation shall be at the college, school, or other institution of learning. The powers and authority of trustees shall be defined in the by-laws.

Section 170. Any educational society or organization, by a two-thirds vote of its membership had at a regular or at a special meeting called for the purpose, or by the written consent of two-thirds of its members without a meeting, and any existing educational corporation or body claiming to be such may, by a unanimous vote of its trustees present at a regular or special meeting called for the purpose or by the written consent of such trustees without a meeting, convey all or any part of its property, rights, and franchises to a corporation organized for educational purposes in conformity with this Act. Any corporation organized for educational purposes in accordance with this Act shall have the right by and with the consent of a majority of its membership to purchase, hold, mortgage, or sell real estate for educational purposes.

BUILDING AND LOAN CORPORATIONS

Section 171. All corporations whose capital stock is required or its permitted to be paid by the stockholders in regular, equal, periodical, payments and who purpose is to accumulate the savings of its stockholders, to repay to said stockholders their accumulated savings and profits upon surrender of their stock, to encourage industry, frugality, and home building among its stockholders, and to loan its funds and fund borrowed for the purpose to stockholders on the security of unencumbered real estate and the pledge of shares of capital stock owned by the stockholders as collateral security, shall be know as building and loan corporations, and the words "mutual building and loan association" shall form part of the name of every such corporation.

Section 172. The articles of incorporation shall state the purposes of the corporation as set forth in section one hundred and seventy-one.

Section 173. Any person may become a stockholder of any building and loan corporation by subscribing for one or more shares therein and signing the by-laws of the corporation, following his signature with his post-office address.

Section 174. The capital stock of corporations shall be paid by the stockholders in regular, equal, periodical payments, known as dues, at such times and in such amounts as shall be provided in the by-laws of the corporation. The dues on each share or stock subscribed for by a stockholder shall continue to be paid by the stockholder to the corporation until the share has been duly withdrawn, cancelled, or forfeited, or until the share has reached its mature value; that is to say, when the dues paid on each share and the net earnings thereof, in accordance with the by-laws, shall amount to the par value of the share, but such corporation may issued and sell at par, for cash, paid-up or investment stock, and may pay to the holders of such shares a rate of interest or dividend to be fixed by the board of directors of the corporation, which shall be expressed in the stock shares and shall not participate further in the profits or accretions of the corporation. Such paid-up or investment stock may be surrendered by the holder at any time upon the giving of ninety days' notice to the corporation, or such briefer notice as the corporation may fix, and upon such surrender the holder will be entitled to receive only the amount of principal invested together with the accrued interest or earned dividend fixed by the board of directors and expressed in the stock shares. The capital stock shall consist of the proceeds of such paid-up or investment stock and of such accumulated dues together with the earnings and profits of the corporation, and shall in no case exceed three million pesos.

Section 175. The capital stock shall be divided into shares of the matured or par value of two hundred pesos each.

Section 176. Certificates of stock shall be issued to each stockholder on the payment of membership fee and first installment of dues by him. The corporation shall have the power to charge a membership or entrance fee not exceeding one peso upon each share of stock issued and may also charge a transfer fee not exceeding twenty centavos on each share transferred, all of which shall be paid into the treasury and accounted for as funds of the corporation. Shares which have not been pledged as security for the payment of a loan shall be called "pledged shares".

Section 177. Payment of dues on shares of stock shall commence from the time that such shares were issued.

Section 178. For any neglect, refusal, or failure to make payment of dues or premiums or interest on loans when due, the corporation shall have power by its by-laws to impose and collect a fine on the delinquent or defaulting stockholder not exceeding ten per centum of the defaulted amount due from him and a like fine on every regular pay during such default. Payments of dues or interest may be made in advance, but the corporation shall not allow interest on such advance payments at a greater rate than six per centum per annum nor for a longer period than one year.

Section 179. Whenever any stockholder shall be six months in arrears in the payment of his dues upon free shares, the secretary or clerk of the corporation shall give him notice in writing of his arrearages by mailing to him at the last post-office address given by him to corporation a statement of all such arrearages. If the stockholder shall not pay within two months after such notice the full amount of his arrearages the board of directors may, at its option, declare his shares forfeited. At the time of the forfeiture the withdrawal value of the forfeited shares shall be determined and stated by the board of directors, and the defaulting stockholder shall be entitled to receive such value without interest upon such notice as is required of a withdrawing stockholder. In determining the withdrawal value of such forfeited shares the board of directors shall charge such shares with all fines assessed in accordance with this section.

Section 180. When the stock shall have reached its matured valued, payment of dues thereon shall cease and holders of such matured shares shall be paid out of funds of the corporation the matured value of their shares with interest thereon at the rate determined in the by-laws, from the time the board of directors shall declare such shares to have matured until payment is made. The order of payment of matured shares shall be determined by the by-laws and at no time shall more than one-third of the receipts of the corporation be applied to the payment of matured shares without the consent of the board of directors: PROVIDED, HOWEVER, That if shares pledged to the corporation as security for loans shall mature before the loan is repaid the matured value may be paid to the holder in cash as in this section provided or may be credited t the loan at the option of the board of directors.

Section 181. The moneys in the hands of the treasurer of the corporation and such sums as may be borrowed by the corporation for the purpose shall be loaned out in open meeting to the stockholders who shall pay the highest premium for such loan, or said moneys may be loaned at such premium as may be fixed from time to time by the board of directors. The premium may be deducted from the amount of the loan or such proportion may be so deducted as may be prescribed in the by-laws. Where only a part of the premium is deducted the balance thereof must be paid to the corporation in such installments as the by-laws shall determine: PROVIDED, HOWEVER, That the number of installments into which the premium is divided shall be uniform for all loans made by the corporation, and that the time and manner of payment of such installments shall be prescribed in the by-laws.

Section 182. Every loan made by the corporation must be properly evidenced by a note or other instrument in writing and must be secured by a first mortgage or deed of trust on unencumbered real estate and also by the pledge to the corporation of shares of stock of the corporation the matured value of which shall at least equal the amount loaned: PROVIDED, HOWEVER, That loans may be made on the security of free shares pledged to the corporation for the repayment of the loan in case, at the time that the loan is made, the withdrawal value of such free shares under the by-laws shall exceed the amount borrowed and interest thereon for six months: AND PROVIDED FURTHER, That no loan on the security of real estate shall be made unless the title to such real estate have been first registered in accordance with the Land Registration Act and unless such real estate shall be situate within the city or municipality in which the principal place of business of the corporation is established.

Section 183. In the discretion of the board of directors a loan may be repaid by the surrender of pledged shares whose withdrawal value equals the amount loaned and all interest and fines accrued thereon.

Section 184. The rate of interest on all loans may be fixed in the by-laws or may be prescribed from time to time by the board of directors.

Section 185. Whenever a borrowing stockholder shall be three months in arrears in the payment of his dues on stock or the interest or premium or installments of premium on any loan, the whole loan, at the option of the board of directors, shall become due and payable and the board may proceed by action to enforce collection upon the securities held by the corporation. The withdrawal value of all shares pledged as collateral security at the time of the commencement of the action shall be applied to the payment of the loan, and such shares from the time of such application shall be deemed to be surrendered to the corporation.

Section 186. The corporation may purchase at any sale, public or private, any real estate upon which it may have a mortgage, judgment, lien, or other encumbrance, or in which it may have any interest, and may sell, convey, lease, or mortgage such real estate: PROVIDED, That real estate so purchased must be finally disposed of or sold by the corporation within five years after receiving title to the same.

Section 187. Stockholders may surrender their shares and withdraw from the corporation after paying twelve monthly installments of dues and upon giving sixty day's notice in writing to the board of directors, and the withdrawal value of such shares shall be the total sum of the dues paid thereon plus such interest as shall be allowed by the board of directors: PROVIDED, HOWEVER, That not more than one-third of the total receipts of the corporation shall be paid in any one month to retire such shares: AND PROVIDED FURTHER, That payment for such surrendered shares shall be made in the order in which notices of withdrawal have been received by the board of directors: AND PROVIDED FURTHER, That should the business of the corporation during the period such withdrawing member has been a stockholder show a loss, the withdrawal value of stock shall be charged with its proportion of such loss. Except in cases of voluntary or forced liquidation of a building and loan corporation or of forfeited as provided by section one hundred and seventy-nine of this Act, the board of directors of such corporations shall not have power to force the surrender and withdrawal of unmatured stock.

Section 188. At least once a year profits and losses on all business transacted shall be determined by the board of directors and apportioned to all the shares in each series outstanding at the time of such apportionment on the basis of the actual value of shares as distinguished from their withdrawal value.

Section 189. Building and loan corporations shall be subject to all the provisions of Act Numbered Fifty-two, entitle "An Act providing for examinations of banking institutions in the Philippine Islands, and for reports by their officers," as amended by Act Numbered Five hundred and fifty-six, in the same way and to the same extent as if such corporations were engaged in the banking business in the Philippine Islands.

Section 190. No foreign building and loan corporation or building and loan corporation not formed, organized, or existing under the laws of the Philippine Islands shall be permitted to transact business in the Philippine Islands.

REPEALING PROVISIONS

Section 191. The Code of Commerce, in so far as it relates to corporations or Sociedades Anonimas, and all other Acts or parts of Acts in conflict or inconsistent with this Act, are hereby repealed, with the exception of Act Numbered Fifty-two, entitled "An Act providing for examinations of banking institutions in the Philippine Islands, and for reports by their officers," as amended, and Act Numbered Six hundred and sixty-seven, entitled "An Act prescribing the method of applying to governments of municipalities, except the city of Manila, and of provinces for franchises to construct and operate street highway, electric light and power, and telephone lines, the conditions upon which the same may be granted, certain powers of the grantees of said franchises, and of grantees of similar franchises under special Act of the Commission, and for other purposes": PROVIDED, HOWEVER, That nothing in this Act contained shall be deemed to repeal the existing law relating to those classes of associations which are termed Sociedades Colectivas, Sociedades en Comandita, and Sociedades de Cuentas en Participation, as to which associations the existing law shall be deemed to be still in force: AND PROVIDED FURTHER, That existing corporations or Sociedades Anonimas, lawfully organized as such, which elect to continue their business as such Sociedades Anonimas instead of reforming and reorganizing under and by virtue of the provisions of this Act, shall continue to be governed by the laws that were in force prior to the passage of this Act in relation to their organization and method of transacting business and to the rights of members thereof as between themselves, but their relations to the public and public officials shall be governed by the provisions of this Act.

Section 192. This Act shall take effect on April first, nineteen hundred and six.

ENACTED, March 1, 1906.

Annotations: This Act has been amended by various Acts; to wit: Acts Nos. 1506, 1565, 1630, 1659, 1744, 1834, 1895, 2003, 2012, 2037, 2092, 2100, 2135, 2307, 2427, 2452, 2792, 2900, 2994, 3392, 3518, 3521, 3610, 3741, 3849, 3850; C.A. Nos. 93, 306, 399, 437; R.A. Nos. 337, 944, 3531.

AN ACT PROVIDING FOR THE ENFORCEMENT OF CONDITIONS MADE BY THE GOVERNOR-GENERAL IN THE EXERCISE OF HIS DISCRETION IN GRANTING CONDITIONAL PARDONS.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. Whenever the Governor-General1 shall, in his discretion, grant a conditional pardon to any person convicted of crime under the laws of the Philippine Islands, the conditions shall be fully set forth in the pardon and a copy of the conditional pardon shall in each case be delivered to the person so pardoned, and also a copy thereof filed in the office of the clerk of the Court of First Instance of the province or judicial district in which such person was tried and convicted.

Section 2. It shall be the duty of the clerk of the Court of First Instance to send a certified copy of each conditional pardon received by him, as provided in section one, to the provincial governor and to the senior inspector of Constabulary2 in the province, and in the city of Manila the clerk of the Court of First Instance shall send such certified copies to the chief of police of said city and to the Director of Constabulary.3

Section 3. Whenever the provincial fiscal, or the prosecuting attorney of the city of Manila, as the case may be, shall ascertain that any of the conditions of a conditional pardon, heretofore or hereafter granted, has been violated by the person so conditionally pardoned, he shall apply to the Court of First Instance for an order of arrest against the person so conditionally pardoned to have him brought before the court. The Court of First Instance shall issue the order of arrest and proceed with the investigation of the facts, in the presence of the accused and the prosecuting official.

Section 4. 4 –

Section 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

Section 6. This Act shall take effect on its passage.

Enacted, August 9, 1906.

RELATED STATUTES

Act 3815, Article 159 (Effective December 8, 1930)

Penalty for violation of conditional pardon.

Act 4103 (Effective December 5, 1933)

Powers of the Board of Pardons and Parole.

Footnote

1 Now President of the Philippines.

2 Now Provincial Commander.

3 Now Chief of the Constabulary.

4 Repealed by Act 3815, Article 367, approved December 8, 1930.

AN ACT PROVIDING FOR THE DIMINUTION OF SENTENCES IMPOSED UPON PRISONERS CONVICTED OF ANY OFFENSE AND SENTENCED FOR A DEFINITE TERM OF MORE THAN THIRTY DAYS AND LESS THAN LIFE IN CONSIDERATION OF GOOD CONDUCT AND DILIGENCE.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1.1

Section 2.2

Section 3. If a prisoner be prevented from laboring by sickness, or from infirmity not evidently imposed by himself, or by other cause for which he is not responsible, he shall be entitled for good conduct to the same deduction from his sentence each month as above provided.

Section 4. For especially meritorious conduct the whole, or any portion, of the time lost through infractions of the rules or discipline may be restored to the prisoner.

Section 5. Detention prisoners who voluntarily offer in writing to perform such labor as may be assigned to them shall be entitled to a credit in accordance with the provisions of this Act, which shall be deducted from such sentence as may be imposed upon them in the event of their conviction.

Section 6.3

Section 7. Subject to such review, and in accordance with such rules and regulations as may be prescribed from time to time by the Secretary of Public Instruction,4 the wardens or officers in charge of Insular5 or provincial jails or prisons shall make and keep such records, and take such further action as may be necessary for the carrying out of the provisions of this Act.

Section 8. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

Section 9. This Act shall take effect on its passage.

Enacted, August 30, 1906.

RELATED STATUTES

Act 1524 (Effective August 9, 1906)

Providing for the enforcement of conditions made in the exercise of the grant of conditional pardon.

Act 4103 (Effective December 5, 1933)

Providing for an indeterminate sentence and parole for all persons convicted of certain crimes.

RA 1955 (Effective June 22, 1957)

Providing for the payment of pecuniary aid to any national prisoner who may be injured or disabled while preventing a prison riot or jail-break or while in the performance of duties required of him in any prison industry and not due to his negligence.

PD 968 (Effective July 24, 1976)

Establishing a probation system.

Footnote

1 Repealed by Act 3815. Article 367, approved December 8, 1930. See Revised Penal Code, Article 97, providing allowance for good conduct.

2 Id.

3 Id.

4 Now Secretary of Justice.

5 Now National.

AN ACT TO PROHIBIT GAMBLING, TO REPEAL ARTICLE EIGHTEEN HUNDRED AND ONE OF THE CIVIL CODE AND ARTICLES THREE HUNDRED AND FORTY-THREE AND FIVE HUNDRED AND SEVENTY-NINE OF THE PENAL CODE.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1 to 6 (inclusive)

Section 7. [The playing at and the conducting of any game of monte, jueteng, or any form of lottery or policy or any banking or percentage game, or the use of any mechanical invention or contrivance to determine by chance the winner or loser of money or of any representative of value or of any valuable consideration or thing, is hereby prohibited, and]2 any person taking any part therein or owning or operating any such mechanical invention or contrivance shall be punished as provided in section three3 hereof. It shall be no defense to any criminal action under this section that the defendant acted as the agent of another or that he had no interest in the result. Any person losing any money or any representative of value or any valuable consideration or thing at any such game or by means of any such mechanical invention or contrivance, or his heirs, executors, administrators, or judgment creditors, may, within three years thereafter, recover the money, consideration, or thing lost or the value thereof in a suit against the banker or the person conducting or owning such game or mechanical invention or contrivance, or against any person having any interest therein or against the person at the time in charge, control, or possession of the premises in which the loss occurred and knowingly permitting such game or the operation of such mechanical invention or contrivance, and all of such persons shall be jointly and severally liable in such action.

Section 7½. Any person who shall knowingly and without good reason have charge or possession of, or carry with him any number, list, memorandum, note, annotation, or device that shall in any manner pertain or have pertained to any game of "jueteng" that has been held, is being held, or is to be held at any future time, shall be punished as provided in section three4 of this Act.

Upon a second conviction for having played "jueteng" or having had in his possession any paper or device pertaining thereto, the person so convicted, if not a citizen of the Philippine Islands or the United States, may be sentenced to be deported.5

Section 8. Any person who shall lose any money or any representative of value or any valuable consideration or thing in any gambling house or other place where gambling is prohibited, or his heirs, executors, administrators, or judgment creditors, may, within three years thereafter, recover the same and an additional amount equal to the value of the loss in an action at law against the owner, tenant, or person in charge, possession, or control of such gambling house or prohibited place and knowingly permitting gambling to be carried on therein or knowingly permitting the operation of any mechanical gambling device or invention therein, and all of such persons shall be jointly and severally liable in such action.

Section 9. No wager or other gambling contract shall be enforceable at law, and any promissory note, check, order for the payment of money, I. O. U., vale, promise to pay, "chit," or contract or agreement given for money with which to gamble or for money lost at gambling or as a stake shall be void, except as to persons purchasing the same for a valuable consideration in good faith before maturity and not knowing and having no knowledge of facts sufficient to put them upon notice that such promissory note, check, order for the payment of money, I. O. U., vale, promise to pay, "chit," or contract or agreement was given in consideration of a gambling debt or for money lost at gambling or as a stake. Any conveyance or transfer of any property, real or personal, valuable thing, chose in action, franchise, or privilege, made for the purpose of gambling or as a stake or to pay gambling losses or debts, shall be void, and the subject of such transfer or its value may, within three years after the actual date of the conveyance or transfer or after the date the transfer took effect, be recovered by suit brought by the grantor, or his heirs, executors, administrators, or judgment creditors, against transferee and all persons holding under him or purchasing from him having knowledge of facts sufficient to put them upon notice as to the nature of the consideration of the original transfer.

Section 10. Upon any investigation or proceeding for violation of this Act no person shall be excused from giving testimony upon the ground that such testimony would tend to convict him of a crime, but such testimony can not be received against him upon any criminal investigation or proceeding: Provided, however, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in the course of any proceeding or investigation had by virtue of this Act.

Section 11 and 12.6

Section 13. The court convicting a person of the violation of any of the provisions of this Act shall order the confiscation of the money, articles, instruments, appliances, and devices used in gambling. Articles, instruments, appliances, and devices capable only of being used for gambling shall be destroyed under the order of the court. Money and the proceeds of the sale of confiscated articles which are capable of being used otherwise than for gambling purposes shall be accounted, for accredited and disposed of in the same manner as the proceeds of fines imposed by the court. The provisions of this section shall be applicable in cases of conviction of the violation of municipal ordinances prohibiting gambling.7

Section 14. Article eighteen hundred and one of the Civil Code and articles three hundred and forty-three and five hundred and seventy-nine of the Penal Code, and all Acts and parts of Acts inconsistent or in conflict with this Act, are hereby repealed.

Section 15. the public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixty, nineteen hundred.

Section 16.10 This Act shall take effect on its passage.

Enacted, October 9, 1907.

Footnote

* As amended by Act 2212 and Act 3242.

1 Repealed by Act 3815, article 367, approved December 8, 1930.

2 Words in brackets were repealed by Act 3815, article 367, approved December 8, 1930.

3 The penalty provided in section 3 is "fine of not less than ten pesos nor more than five hundred pesos or by imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court. In case of a second conviction both fine and imprisonment shall be imposed."

4 Ibid. See Article 192 2(c) of the Revised Penal Code.

5 Section 7 ½ was inserted by Act 3242, section 1, approved November 27, 1925.

6 Repealed by Act 3815, article 367, approved December 8, 1930.

7 Section 13 was inserted as an amendment by Act 2212, section 1, enacted February 3, 1913.

8 Originally section 13, renumbered by Act 2212, section 1, enacted February 3, 1913.

9 Originally section 14, renumbered by Act 2212, section 1, enacted February 3, 1913.

10 Originally section 15, renumbered by Act 2212, section 1, enacted February 3, 1913.

AN ACT TO PROVIDE FOR THE PROTECTION OF RIGHTS OF PROPERTY IN TELEGRAPHIC MESSAGES, AND TO PREVENT THE FORGING OR IMPROPER DISCLOSURE OF TELEGRAMS.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. The short title of this Act shall be "The Telegraph Message Act."

Section 2. Whenever any message transmitted by telegraph from any point in the Philippine Islands to another point in said Islands, or from any point outside of the Philippine Islands to any point in the said Islands, shall be received by any person, association, or corporation in the Philippine Islands for the purpose of publication in any newspaper or by printed circular or otherwise, no other person, association or corporation shall, without the consent in writing of such person, association, or corporation by whom such message shall have been received, print or publish in any newspaper, in any printed circular, or in any other printed form of communication, nor transmit to the provinces by telegram for the purpose of publication, such telegraphic message or the substance thereof or any extract therefrom until after the expiration of forty-eight hours from the time of the first publication of such message by the person, association, or corporation receiving the same, or within sixty hours from the time of the receipt, in the Philippine Islands, of such message by such person, association, or corporation: Provided, however, That the publication of any similar message lawfully received in like manner by another person, association, or corporation shall not be deemed or taken to be a publication of such first-mentioned message within the meaning of this Act.

Section 3. Every telegraphic message, in respect to which the protection of this Act may be claimed, shall be published with the heading "By telegraph," together with the name of the person, association, or corporation claiming such protection, and the notations of the original telegram as to the hour and date of receipt, the address, the place from which received, and the number of words in the telegram, and the hour of its publication shall be prima facie evidence that the original telegram was received by the addressee from the place therein mentioned at such hour and date, and also of the number of words received.

Section 4. Any person who wilfully forges or substantially alters a telegram or who utters a telegram knowing the same to be forged, or who utters as a telegram any message or communication which he knows to be not a telegram, shall, upon conviction, be punished by a fine not exceeding one hundred pesos.

Section 5. As used in this Act, the word "telegram" is defined to mean a written or printed message or communication sent to or delivered at a post-office or the office of a telegraph company for transmission by telegraph or delivery by the post-office or a telegraph company as a message or communication transmitted by telegraph.

Section 6. As used in this Act, the term "telegraph company" shall include all persons, associations, or corporations engaged in the business of receiving and sending, for hire, telegrams for the public, and this Act shall apply to all private message intended for newspaper publication sent over telegraph lines owned or operated by the Government of the Philippine Islands or the United States military authorities in said Islands now or hereafter open to public use.

Section 7. Any officer or employee of a telegraph company who shall improperly divulge to any person the contents or purport of any telegram received or transmitted by such company, upon conviction, shall be punished by imprisonment not exceeding six months or by a fine not exceeding two hundred pesos or by both such fine and imprisonment, in the discretion of the court.

Section 8. If any association or corporation shall print, publish, or cause to be printed or published, the contents or purport of any telegram, in violation of the provisions of this Act, such association or corporation, upon conviction thereof, shall be punished by a fine not exceeding five hundred pesos for each offense, and any person, member, or employee of any association or corporation who shall print or publish, or cause to be printed or published, the contents or purport of a telegram, or shall aid, abet, or assist such printing or publications, or who shall voluntarily permit the same, upon conviction thereof, shall be punished by a fine not exceeding two hundred pesos for each offense, or by imprisonment not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.

Section 9. This Act shall take effect on its passage.

Enacted, June 9, 1908.

AN ACT TO PROHIBIT CERTAIN CRUEL PRACTICES ON HORSES, AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. Docking within the meaning of this Act consists of the mutilation of a horse by artificially shortening the flesh or bone of the tail.

Section 2. The docking of horses in the Philippine Islands and the importation of docked horses into the Philippine Islands are hereby prohibited.

Section 3. Any person who docks a horse or causes a horse to be docked or who, owning or having charge of a horse, permits it to be docked, or who imports a docked horse, shall upon conviction be punished by a fine of not less than ten pesos nor more than two hundred pesos or by imprisonment for not more than six months or by both such fine and imprisonment in the discretion of the court.

Section 4. Every owner of a docked horse shall present its certificate of ownership to the treasurer of the municipality wherein said owner resides, or in the case of the city of Manila, the city assessor and collector, during the month of January of each and every year and shall pay to the said treasurer or city assessor, as the case may be, the sum of two pesos, as an annual tax. All taxes collected hereunder shall be for the exclusive use of the municipality wherein collected. It shall be the duty of the said treasurer or city assessor and collector, upon the presentation of the certificate and the payment of the tax, to issue to the owner an official receipt therefor and to enter in said receipt the number of the certificate, the name of the owner, the description of the horse, and the date of payment of the tax. Any person refusing to produce on demand of the proper official or within a reasonable time thereafter, the receipt required by this section shall be punished by a fine of not more than fifty pesos.

Section 5. This Act shall take effect on the first day of April, nineteen hundred an twelve.

Enacted, January 24, 1912.

AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND AUTHENTICATION OF INSTRUMENTS AND DOCUMENTS WITHOUT THE PHILIPPINE ISLANDS.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. An instrument or document acknowledged and authenticated in any State, Territory, the District of Columbia, or dependency of the United States, shall be considered authentic if the acknowledgment and authentication are made in accordance with the following requirements:

(a) The acknowledgment shall be made before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.

(b) The certificate of the notary public or the officer taking the acknowledgment shall be authenticated by the country clerk or his deputy, or by a clerk or deputy clerk of any court of record of the county, municipality or judicial district wherein the acknowledgment is taken, or by the secretary of state, executive secretary, or other similar functionary of the state, territory, the District of Columbia, or dependency of the United States, as the case may be. The officer making the authentication shall certify under the seal of his office or court that the person who took the acknowledgment was at the time duly authorized to act as notary public or that he was duly exercising the functions of the office by virtue of which he assumed to act, and that as such he had authority under the law to take acknowledgment of instruments or documents in the place where the acknowledgment was taken, and that his signature and seal, if any, are genuine.

Section 2. An instrument or document acknowledged and authenticated in a foreign country shall be considered authentic if the acknowledgment and authentication are made in accordance with the following requirements:

(a) The acknowledgment shall be made before (1) an ambassador, minister, secretary of legation, chargé d’affaires, consul, vice-consul, or consular agent of the United States,1 acting within the country or place to which he is accredited, or (2) a notary public or officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done.

(b) The person taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him, and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state. In case the acknowledgment is made before a notary public or an officer mentioned in subdivision (2) of the preceding paragraph, the certificate of the notary public or the officer taking the acknowledgment shall be authenticated by an ambassador, minister, secretary of legation, chargé d’affaires, consul, vice-consul, or consular agent of the United States,2 acting within the country or place to which he is accredited. The officer making the authentication shall certify under his official seal that the person who took the acknowledgment was at the time duly authorized to act as notary public or that he was duly exercising the functions of the office by virtue of which he assumed to act, and that as such he had authority under the law to take acknowledgment of instruments or documents in the place where the acknowledgment was taken, and that his signature and seal, if any, are genuine.

Section 3. Instruments or documents acknowledged and authenticated in substantial conformity with the provisions of this Act before the same takes effect shall be considered authentic.

Section 4. This Act shall not be construed to repeal in any way any of the provisions contained in Chapter X, Part I, of Act Numbered One hundred and ninety,3 entitled "An Act providing a code or procedure in civil actions and special proceedings in the Philippine Islands."

Enacted, January 26, 1912.

Footnote

1 Now Republic of the Philippines.

2 Id.

3 Now Rule 130, Rules of Court.

AN ACT AUTHORIZING THE ESTABLISHMENT OF QUARANTINES AND REGULATING THE MOVEMENT OF CATTLE WITHIN THE TERRITORY UNDER THE EXCLUSIVE LEGISLATIVE JURISDICTION OF THE PHILIPPINE COMMISSION.

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. The Director of Agriculture1 is hereby authorized to declare under quarantine any province, island, municipality, barrio, township, settlement, parcel of land, or district of whatever size, in the territory under the exclusive legislative jurisdiction of the Philippine Commission2 when he shall determine the fact that there are domestic animals in such place or district which are infected with any infectious, contagious, and communicable disease; and he may require any animal infected with any such disease, or exposed to infection, to be placed under quarantine at such place and for such time as he may deem necessary to prevent the spread of such disease; and such animal, after due notice to the owner or person in charge, must be brought forthwith to any convenient place designated by the Director of Agriculture3 for the detention of animals under quarantine, and the Director of Agriculture4 is hereby authorized and directed, subject to the approval of the Secretary of Public Instruction,5 to make and enforce such rules and regulations as he may deem advisable for the control, and management of any such place so declared to be under quarantine, and of any other quarantine station established by and under his authority.

Section 2. No person, railroad company, or employee thereof, or the owner, or master of any steam or sailing or other vessel or boat in any place declared under quarantine, shall receive for transportation or transport from any quarantined province, island, municipality, barrio, parcel of land, or district, any domestic animal, without the written authority of the Director of Agriculture,6 nor shall any person, company, or corporation, or employee thereof, deliver in such quarantined district to any person or railroad company, or to the master or owner of any boat or vessel, for transportation, any cattle or live stock, without the written authority of the director of Agriculture,7 nor shall any person, firm, company, or corporation, or employee thereof, drive on foot, or cause to be driven on foot, or transport in private conveyance, or cause to be transported in private conveyance, from a quarantined place or district, any domestic animal, without the written authority of the Director of Agriculture.8

Section 3. The Director of Agriculture9 is hereby authorized to declare any place or district to be free from infection, to establish, with the approval of the Secretary of Public Instruction,10 lines or districts for the protection of animals free from disease, and to prescribe rules and regulations and take such measures as he may deem necessary to prevent or regulate the movement of domestic animals across, into, or through such lines or districts; and he shall have authority to seize, quarantine, and dispose of, or to make regulations concerning any hay, straw, forage, or similar material, or any meats, hides, or other animal products coming into such place or district so declared to be free from infection, whenever, in his opinion, such action is advisable in order to guard against the introduction or dissemination of disease.

Section 4. When a quarantine is imposed upon any place or district the Director of Agriculture11 shall give written or printed notice to the proper officers of railroad, steamboat, or other transportation companies, and when practicable to the master or owner of any steam or sailing boat or vessel doing business in or through such quarantined districts, and he shall give written or printed notice to the municipal president12 of the places, districts, or barrios declared under quarantine within his jurisdiction and it shall be the duty of the municipal president13 to notify the inhabitants of such place, district or barrio, township or settlement by bandillos and by posting written or printed notice of such quarantine; he is authorized to serve written or printed notice upon the registered owner or the person in charge of any domestic animal that such animal is infected with a dangerous communicable animal disease, or that the place, district, or barrio wherein any domestic animal may be, has been declared under quarantine.

Section 5. Any person, firm, or corporation, or employee thereof, who knowingly violates any of the provisions of sections two and three of this Act, or any regulation of the Director of Agriculture14 approved by the Secretary of Public Instruction15 in pursuance thereof, shall upon conviction be punished by a fine of no less than twenty-five pesos nor more than one thousand pesos, or by imprisonment for not more than one year, or by both such fine and imprisonment.

Section 6. The powers and duties conferred and imposed on the Director of Agriculture16 by the provisions of this Act may be exercised and performed by agents duly authorized by him, and all regulations made by the Director of Agriculture,17 in accordance with the provisions of this Act shall have the force and effect of law when approved by the Secretary of Public Instruction.18

Section 7. This Act shall take effect on its passage.

Enacted, February 6, 1912.

Footnote

1 Now Director of Animal Industry.

2 Now Philippine Government.

3 Now Director of Animal Industry.

4 Id.

5 Now Secretary of Agriculture.

6 Now Director of Animal Industry.

7 Id.

8 Id.

9 Id.

10 Now Secretary of Agriculture.

11 Now Director of Animal Industry.

12 Now municipal mayor.

13 Id.

14 Now Director of Animal Industry.

15 Now Secretary of Agriculture.

16 Now Director of Animal Industry.

17 Id.

18 Now Secretary of Agriculture.

AN ACT TO PROVIDE FOR THE RECORD OF MORTGAGES OR TRUST DEEDS ISSUED BY PUBLIC SERVICE CORPORATIONS TO SECURE BONDS, AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. Mortgages executed by railway companies, tramway companies, street-car companies, sugar-central companies and other corporations owning and operating railroads or tramways, as well as all public service corporations, for the purpose of securing the bonds of such corporations on the property of such corporations, shall become liens on all the property real, personal or mixed of such corporations described in such mortgages and according to the terms thereof, including property thereafter acquired when by the terms of such mortgages the same shall be made to apply thereto, at and from the time the said mortgages shall have been filed with the division of archives, patents, copyrights, and trade-marks of the Executive Bureau,1 which said liens shall be prior to and take precedence of any and all mortgages, liens and encumbrances which may thereafter arise against the said property, except such liens as arise from the imposition of lawful taxes, fines, and assessments upon the same; and any subsequent conveyance of the said property or any part thereof, or any interest therein, shall be subject to the liens aforesaid.

Section 2. Nothing in this Act contained shall be construed as depriving the grantees or beneficiaries under said instruments of any right or lien in connection therewith which exists by law independent of this Act.

Section 3. The chief of the division of archives, patents, copyrights and trade-marks of the Executive Bureau2 shall, upon the filing of the instruments provided for in this Act, indorse thereon the date and hour when the same were filed, with his official signature thereto, and the said indorsement shall be prima facie evidence of the date and hour when the instruments were filed for record.

Section 4. The said instruments shall be preserved and indexed in the same manner as the papers and documents of corporations filed with the division of archives, patents, copyrights, and trade-marks3 under the provisions of Act Numbered Fourteen hundred and fifty-nine and amendments thereto.

Section 5. The chief of the division of archives, patents, copyrights, and trade-marks4 shall collect for the filing of each one of the instruments provided for in this Act the sum of twenty-five pesos.

Section 6. A copy of each of the said instruments, certified by the chief of the division of archives, patents, copyrights, and trade-marks of the Executive Bureau,5 shall be of and have the same legal effect as the original.

Section 7. This Act shall take effect upon its passage.

Enacted, February 11, 1913.

Footnote

1 Now Securities and Exchange Commission.

2 Id.

3 Id.

4 Id.

5 Id.

AN ACT PROHIBITING MANUFACTURE, POSSESSION, AND SALE OF DYNAMITE AND OTHER EXPLOSIVES WITHOUT A SPECIAL PERMIT, PROVIDING A PENALTY THEREFORE, AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. The manufacture, distribution, storage, use or possession of gunpowder, dynamite, explosives, blasting supplies, or ingredients thereof, except in accordance with the provisions hereof and of Act Numbered Fourteen hundred and ninety-nine,1 as amended, is hereby declared illegal: Provided, however, That nothing herein contained shall be construed to prevent the manufacture, purchase, importation or possession of dynamite, explosives or their ingredients by the Army and Navy of the United States of America: Provided, further, That the Chief of Constabulary may, upon application, under such rules and regulations as may be promulgated by him and approved by the Secretary of the Interior2 issue licenses as follows:

(a) Dealer's license, authorizing the importation, purchase, possession, sale, transfer, and general business handling gunpowder, dynamite, explosives or their ingredients.

(b) Manufacturer's license, authorizing the manufacture of gunpowder, dynamite, explosives, or their ingredients, or the manufacture and sale of fireworks for use on fiesta days, etc.

(c) Purchaser's license, authorizing the purchase and possession of dynamite, explosives or their ingredients for use in mines, quarries, road construction, wrecking and for use in any other legal and lawful occupation.

(d) Foreman's license, authorizing the purchase and possession of dynamite, explosives, or their ingredients by workmen in mines, quarries, road construction, wrecking or for use in any other legal and lawful public or private works.3

Section 2. Any person violating the provisions of the preceding section shall be punished by a fine of not less than six hundred pesos nor more than two thousand pesos, and by imprisonment for not less than three months nor more than two years, in the discretion of the court.4

Section 3. This Act shall take effect on July first, nineteen hundred and thirteen.

Enacted, February 11, 1913.

Footnote

* As amended by Act 3023.

Section 1 of Act 1499 provides:

Section 1. The use of dynamite or other explosive for the killing or taking of fish, or under water for any purpose except in the execution of bona fide engineering work and the destruction of wrecks or obstructions to navigation, shall be unlawful: Provided, That nothing in this Act shall be understood to interfere with or prohibit the use of mechanical bombs for the killing of whales, crocodiles, sharks, or other large dangerous fishes.

2 Now Secretary of National Defense.

3 Words in bold in the text above are amendments introduced by Act 3023, section 1, approved March 8, 1922.

Statutory History of section 1:

Original text –

Section 1. The manufacture, [possession or sale, without special permit from the Director of Constabulary, or senior inspector of the province, of dynamite or other high explosives, or their components, for any use or purpose except in the execution of bona fide engineering and mining work, and as provided in section one of Act Numbered Fourteen hundred and ninety-nine, as amended, is hereby prohibited: Provided, however, That the provisions of this section shall not apply to the Army, Navy or Marine Corps of the United States, or to pharmacies, drug stores or laboratories employing such substances for medicinal or experimental purposes.] (Ed. Note: Words in brackets were deleted in Act 3023, supra.)

4 Words in bold in the text above are amendments introduced by Act 3023, section 1, approved March 8, 1922.

Statutory History of section 1:

Original text –

Sec. 2. Any person violating the provisions of the preceding section shall be punished by a fine of not [more than five hundred pesos, or by imprisonment for not less than thirty days, nor more than three months, or by both such fine and imprisonment] in the discretion of the court. (Ed. Note: Words in brackets were deleted in Act 3023, supra.)

AN ACT RESTRICTING THE USE OF OPIUM AND REPEALING ACT NUMBERED SEVENTEEN HUNDRED AND SIXTY-ONE.

By authority of the United States, be it enacted by the Philippine Legislature, that:

Section 1. "Prohibited drug" and "opium," as herein used, shall be understood in the sense defined in section one hundred and thirty-five of the Internal Revenue Law of Nineteen hundred and fourteen.1

Section 2-6 (inclusive).2

Section 7. When unlawfully used, or found on, about, or in the possession of any person not authorized to have control and disposition of the same, or when found secreted or abandoned, all prohibited drugs and all instruments, apparatus, and articles especially assigned for their use, shall be forfeited to the Government and shall be at once seized.

Articles so seized shall be turned over to the Chief of Constabulary, to be dealt with by him according to law.3

Section 8 & 9 (inclusive).4

Section 10. Fines and other moneys collected by virtue of the provisions of this Act shall be covered into the Insular5 Treasury to the credit of the general fund of the Insular6 Government. There is hereby constituted a permanent annual appropriation of such amount as may be necessary to pay rewards to informers under the following conditions:

Fifteen per centum of all fines imposed by reason of violations of this Act shall be paid to the person who furnished the original evidence properly substantiated, which led to the detection of the offense and the imposition of the fine. The name of the informer shall be specified in the judgment of the court when a conviction is had in a court: Provided, That in all cases in which no fine is imposed but where the sentence is one for imprisonment or deportation, there shall be paid to the informer an amount approved by the Secretary of Finance, not exceeding one thousand pesos in any one case.7

Section 11. The Chief of the Constabulary shall exercise supervision over the enforcement of this Act, without prejudice to the full exercise of the powers and duties in reference thereto incumbent upon other branches of the Government service and may, with the approval of the Secretary of the Interior,8 compromise any cases arising under the provisions of this Act, when the accused is suffering from illness that would be aggravated by imprisonment as certified by three reputable physicians, or, when in the interest of justice, the court so orders, such compromises to be made either before or after the commencement of legal proceedings therein but not after judgment is pronounced.9

Section 12. Act Numbered Seventeen hundred and sixty-one and Acts amendatory thereof, and all other laws and parts of laws in conflict herewith, including subdivision (v) of section thirty-nine of Act Numbered Eighty-two and subdivision (ff) of section seventeen of Act Numbered One hundred and eighty-three, are hereby repealed. The repeal herein effected shall not operate to destroy any existing liability resulting from the violation of any provision hereby abrogated nor in any wise to affect any criminal prosecution already instituted or to be instituted thereon.

Section 13. This Act shall take effect on the first of July, nineteen hundred and fourteen.

Enacted, February 28, 1914.

NOTES

Lawful possession and uses of prohibited drugs is provided in the National Internal Revenue Code (PD 1158).

Unlawful possession of prohibited drugs is defined and penalized in Title V of Act 3815 otherwise known as the Revised Penal Code.

Registration of, and imposition of fixed and special taxes on producers, importers, manufacturers and distributors of opium and other prohibited drugs is provided in RA 953.

Footnote

* As amended by Act 3006 and 3898.

1 Act 2339 otherwise known as the Internal Revenue Law of Nineteen hundred and fourteen, section 135 provides:

Sec. 135. Words and phrases defined. – Prohibited drug, as herein used, includes opium, cocaine, alpha, and beta eucaine, their derivatives, and all preparations made from them.

"Opium" embraces every kind, class, and character of opium, whether crude, prepared, ash, or refuse, and all narcotic preparations thereof or therefrom, and all morphine or alkaloids of opium and all preparations in which opium, morphine, or any alkaloid of opium enters as an ingredient, together with all opium leaves and wrappings of opium leaves, whether such leaves or wrappings are prepared for use or not.

The above provision was incorporated first in Act 2711 otherwise known as the Administrative Code as Section 1574 thereof and later in CA 466 otherwise known as the National Internal Revenue Code a section 339 thereof.

2 Repealed by Act 3815, article 367, approved December 8, 1930.

3 Words in bold in the text above are amendments introduced by Act 3006, section 1, approved March 8, 1922.

Statutory History of section 7:

Original text –

Sec. 7. When unlawfully used, or found on, about, or in the possession of any person not authorized to have control and disposition of the same, or when found secreted or abandoned, all prohibited drugs and all instruments, apparatus, and articles especially [designed] for their use, shall be forfeited to the Government and shall be at once seized.

Articles so seized shall be turned over to the [Collector of Internal Revenue] to be dealt with by him according to law. (Ed. Note: Words in brackets were deleted in Act 3006, supra.)

4 Repealed by Act 3815, Article 367, approved December 8, 1930:

5 Now National.

6 Id.

7 Deletion of the words in the original text, infra, are amendments introduced by Act 3898, section 11, approved November 16, 1931.

Statutory History of section 10:

Original text –

Sec. 10. Fines and other moneys collected by virtue of the provisions of this Act shall be covered into the Insular Treasury to the credit of the general fund of the Insular Government. There is hereby constituted a permanent annual appropriation of such amount as may be necessary to pay rewards to informers under the following conditions:

Fifteen per centum of all fines imposed by reason of violations of this Act shall be paid to the person who furnished the original evidence properly substantiated, which led to the detection of the offense and the imposition of the fine. The name of the informer shall be specified in the judgment of the court when a conviction is had in a court: Provided, That in all cases in which no fine is imposed but where the sentence is one for imprisonment or deportation, [or when compromise is effected,] there shall be paid to the informer an amount approved by the Secretary of [Commerce and Police,] not exceeding one thousand pesos in any one case. (Ed. Note: Words in brackets were deleted in Act 3898, supra.)

8 Now Secretary of National Defense.

9 Words in bold in the text above are amendments introduced by Act 3006, section 1, approved March 8, 1922.

Statutory History of section 11:

Original text –

Sec. 11. The Chief of Constabulary shall exercise supervision over the enforcement of this Act, without prejudice to the full exercise of the powers and duties in reference thereto incumbent upon other branches of the Government service; and with the approval of the Secretary of [Commerce and Police,] [said Chief may] compromise any case arising under the provisions of this Act, [and this] either before or after the commencement of legal proceedings therein but not after judgment pronounced. (Words in brackets were deleted in Act 3006, supra.)

REVISED ADMINISTRATIVE CODE

ARTICLE I. ORGANIZATION OF BUREAU

Section 1843. Chief Official of Bureau of Lands. - The Bureau of Lands shall have one chief (and one assistant chief), to be known (respectively) as the Director of Lands (and the Assistant Director of Lands).

Section 1844. Powers and Functions of Bureau of Lands. - The Bureau of Lands shall be charged with the administration of all laws relative to public lands not classified as timber lands, (the mineral lands), the friar lands, and of all other public real property not placed under the control of any other branch, department, bureau or office of the Government by legislative enactment or competent administrative authority.

As custodian and administrative of the public lands classified by the Bureau of Forestry as non-timber lands, and of other real property of National Government, the Director of Lands, with the approval of the Department Head, shall have power to regulate the occupation or provisional use thereof specifying in its regulation what kinds of licenses shall be issued by the Director of Lands, including licenses for the taking of stone, sand, gravel, and earth from lands of the public domain or from the beds of seas, rivers, streams, creeks, and other public waters, where such taking is not otherwise regulated under existing law; Provided, That the amount which may be collected for licenses to take such materials shall accrue to the road and bridge fund of the province concerned; and provided, further, That for the purposes of this Act, provincial treasurers are designated deputies of the Director of Lands.

The officers and employees of the Bureau of Lands shall have police authority of lands classified by the Bureau of Forestry as non-timber public lands, and other public real property under the custody and control of said Bureau and declared to be of the public domain of the courts, and shall have power to execute the decisions, resolutions decrees of the Bureau of Lands relative thereto, unless such decisions, resolutions and decrees are revoked or suspended by order of the Court of First Instance of the province in which the public land or real property in question is situated.

The said Bureau shall conduct surveys of the public domain and other public property, cadastral surveys, and official surveys of private property and shall exercise such other powers as are hereinafter conferred.

All existing records of Spanish grants and concessions of agricultural (or mineral) lands shall be preserved in the Bureau of Lands.

The Director of Lands shall furnish, or cause to be furnished, to any private person or persons applying for the same, one or more copies of such records in which such person or persons may be personally concerned and to which he or they may be entitled, the same to be accompanied by a certificate of its correctness, if desired, on payment of the following fees:

For each certificate of correctness with seal of office, one peso.

For each folio, or fraction thereof, consisting of a sheet approximately two hundred and sixteen by three hundred thirty millimeters with proper heading, double space, and approximately three centimeters a margin, one peso.

Section 1845. Authority of Officers to Administer Oaths and Take Testimony. - The Director of Lands, (the Assistant Director of Lands), and the Chiefs of division in the Bureau of Lands, are authorized to administer oaths and take acknowledgments in matters of officials business, and to take testimony in official investigations conducted under the authority of the laws and regulations relating to the Bureau of Lands.

A local land officer, (mining recorder) and any person designated by the Director of Lands as friar-land agent, chief of a survey party, or inspector of the Bureau of Lands may administer oaths and take acknowledgments as aforesaid, and, when thereunto deputed by the Director of Lands, may exercise the same authority to take testimony as other officers hereinabove named.

ARTICLE II. LAND DISTRICTS

Section 1846. Land Districts. - With the approval of the Department Head, the Director of Lands may establish land districts, which shall be, so far as practicable, coextensive with the territory of the respective provinces; but when the local conditions so require, two or more provinces or parts of provinces may be included in the same land district.

Section 1847. Local Land Officer. - In each land district there shall be a local land officer, who, under the supervision of the Director of Lands, shall perform such duties relative to public agricultural lands as may be prescribed by law or regulation.

When no other officer is designated as local land officer, the provincial treasurer shall perform the duties of such office for the land district which comprises his province; and when two or more provinces or parts of provinces are included in the same land district, the Director of Lands shall designate the provincial treasurer who shall perform such duties.

Section 1848. Mining Recorder. - In land district where there are sufficient mining interest to warrant the appointment, there shall be a mining records, who shall keep such records and perform such duties relative to public mineral lands as may be prescribed by law regulations.

Where no other officer is designated, the duties of mining recorder shall be performed by the secretary of the provincial board.

Section 1849. Designation of Person to Perform Duties of Local Land Officer (or Mining Recorder). - Until other provision shall be made for filling such offices, the President of the Philippines may by executive order impose the performance of the duties of local land officer (or mining recorder) upon any official or employee in the public service.

ARTICLE III. CADASTRAL SURVEYS

Section 1850. Order of Making Cadastral Survey. - When in the opinion of the President of the Philippines, the public interest require that the title to any lands be settled and adjudicated, he may to this end order the Director of Lands to make a survey and plan thereof.

Section 1851. Publication of Notice of Survey. - The Director of Lands shall, thereupon, give notice to persons claiming an interest in the lands, and to the general public, of the day on which such survey will begin, giving as full and accurate a description as possible of the lands to be surveyed. Such notice shall be published in two successive issues of the Official Gazette, and a copy of the notice in the English and Spanish languages shall be posted in a conspicuous place on the chief municipal building of the municipality, or municipal district in which the lands, or any portion thereof, are situated. A copy of the notice shall also be sent to the mayor of such municipality, or municipal district and to the provincial board.

Section 1852. Notice of Commencement Survey. - The surveyor or other employee of the Bureau of Lands in charge of the survey shall give reasonable notice of the day on which the survey of any portion of such lands is to begin, and shall post such notice in the usual placed on the chief municipal building of such municipality or municipal district in which the lands are situated, and shall mark the boundaries of the lands by monuments set up at proper places thereon.

Section 1853. Right of Surveyor to Enter upon Lands. - It shall be lawful for surveyors and other employees of the Bureau of Lands to enter upon the lands whenever necessary for the making of such survey or for the placing of monuments.

Section 1854. Duty of Claimants to Communicate Information Regarding Boundaries. - It shall be the duty of every person claiming an interest in the lands to be surveyed, or in any parcel thereof, to communicate to the surveyor in charge upon his request therefor all information possessed by such concerning the boundary lines of any lands to which he claims title or in which he claims any interest.

Section 1855. Institution of Registration Proceedings. - When the lands have been surveyed and platted, the Director of Lands, represented by the Solicitor-General, shall institute registration proceedings, by petition against the holders, claimants, possessors or occupants of such lands or any part thereof, stating in substance that the public interest requires that the title to such lands be settled and adjudicated.

The petition shall contain a description of the lands and shall be accompanied by a plan thereof, and may contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest therein.

Section 1856. Boundaries and Divisions of Lots. - If the lands contain two or more parcels held or occupied by different persons the plan shall indicate the boundaries or limits of the various parcels as correctly as may be. The parcels shall be known as "lots" and shall, on the plans filed in the case, be given separate numbers by the Director of Lands, which numbers shall be known as "cadastral numbers." The lands situated within each municipality or municipal district shall, as far as practicable, be numbered consecutively beginning with the number "one" and only one series of numbers shall be used for that purpose in each municipality or municipal district.

In cities or townsites a designation of the land holdings by block and lot numbers may be employed instead of the designation by cadastral numbers and shall have the same effect for all purposes as the latter.

Section 1857. Cadastral Survey Funds. - Monthly Statements of Director of Lands. - The Director of Lands shall at the end of each month certify to the Auditor General and the Treasurer of the Philippines a statement showing the amounts reimbursed or collected on cadastral surveys made by the Bureau of Lands and the Treasurer of the Philippines is authorized and empowered to pay to the Bureau of Lands an amount equal to the amounts so certified as having been collected, and the necessary amounts to make such payments are hereby appropriated out of any fund in the National Treasury not otherwise appropriated and such amount shall be credited to the appropriation to the Bureau of Lands for further cadastral surveys.

ARTICLE IV. PRIVATE LAND SURVEYS AND SURVEYORS

Section 1858. Private Land Surveys. - The Bureau of Lands may, upon application therefor, make private land surveys, for which a reasonable charge shall be made.

Private land surveys may also be made by private land surveyors, duly qualified as hereinafter provided; but no plan of each survey, whether it be original or subdivision, shall be admitted in land registration proceedings until approved by the Director of Lands.

Section 1859. Procedure Incident to Making of Survey Notice to Adjoining Owners. - The surveyors employed to make surveys for registration purposes, or to prepare maps and plats of property in connection therewith, shall give due notice in advance to the adjoining owners whose addresses are known, of the data and hour when they should present themselves on the property for the purpose of making such objections to the boundaries of the properties to be surveyed as they consider necessary for the protection of their rights.

Surveyors shall report all objections made by adjoining property owners and occupants or claimants of any portion of the lands at the time of the survey and demarcation, giving a proper description of the boundaries claimed by such owners, occupants or claimants.

Section 1860. Demarcation of Boundaries. - Surveyors shall define the boundaries of the lands, surveyed for registration purposes, by means of moment placed thereon and shall indicate on the maps or plats the respective boundaries designated, both by the applicant for the survey and adverse claimants of adjoining properties; but the work of survey and demarcation of the boundaries of the lands as occupied by the said applicant need not be suspended because of the presentation of any complaint or objection.Section 1861. Expenses of Rectification of Errors. - If, in any registration preceding involving such survey, the court shall find the boundary line designated by an adverse claimant to be incorrect and that designated by the applicant to be correct, the expense of making any extra survey over that required by the applicant shall be assessed by the court as costs against the adverse claimant.

Section 1862. Regulations Relative to Private Surveyors. - Private land surveyors employed in making a survey hereinabove contemplated shall be subject to the regulations of the Bureau of Lands in respect to such surveys and shall execute the same in accordance with current instructions relative thereto as issued by the Director of Lands. Promptly upon contemplating their work, it shall be their duty to send their original field notes, computations, reports, survey maps, and plats of the property in question to the Bureau of Lands, for verification and approval.

ARTICLE V. APPRENTICE AND JUNIOR SURVEYORS

Section 1866. Certification of Students to be Trained as Surveyors. - At the beginning of each school year, the Director of Education shall certify to the Director of Lands the names of such number of students as may be provided for in the annual appropriation Acts and as may be best qualified to receive and profit by a course of instruction and education in surveying, for a term of five years, under the direction of the Bureau of Lands.

To be eligible for certification, a student must be of sound physical condition, of good moral character, and not less than seventeen years of age. He must also have education qualifications such as are obtained by the satisfactory completion of the second year of instruction in the Manila High School or the second year high school work in a provincial school, normal school, or the Philippine Nautical School.

Section 1867. Appointment as Apprentice Surveyor. - Each student so certified may be appointed as apprentice surveyor in the Bureau of Lands at such annual compensation as may be fixed by law; and when so appointed he shall continue in such school as the Secretary of Education shall determine, and during forenoons shall pursue therein a special course of study to be prescribed by the Director of Public Schools.

During the afternoons of school days, as well as during regular office hours on Saturdays, and during school vacations, apprentices shall be employed in the Bureau of Lands, perform such duties as may be assigned to them by the Director of Lands, such as office work, drawing, platting, practical computing, use of instruments, and similar work.

Section 1868. Examination after Completion of One Year of Service - Appointment as Junior Surveyor. - Upon the completion of one year's service as apprentices, student surveyors shall be examined by the Bureau of Civil Service as to their qualifications for appointment as junior surveyors, be required to sign an agreement, approved by his parents or guardian, if he be under twenty-one years of age, to the effect that he will remain with the Bureau of Lands for the term of four years from date of appointment as junior surveyor and perform such duties as may be prescribed by the Director of Lands, unless sooner released.

Section 1869. Completion of Three Year's Service. - Appointment as surveyor. - Upon the completion of three year's service as junior surveyor, students shall be examined by the Bureau of Civil Service as to their qualification for appointment as surveyors. Students qualifying in such examination shall be eligible for appointment as surveyors at such salaries as may be determined by competent authority. Students failing to qualify shall continue on the same basis until such time as they shall qualify as surveyors in the manner herein prescribed or until separated from the service.

Section 1870. Consequences of Violation of Contract. - Upon the expiration of their contracts, students may leave the service of the Government without prejudice; but any student separating himself from the service during his term of contract without the approval of the Department Head shall be debarred thereafter from holding any position in the Philippine Civil Service.

As amended by Acts Nos. 3164, 3219, 3346, and 3517

TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN, AND FOR OTHER PURPOSES

Be it enacted by Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

TITLE I. TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY THEREOF FOR CONCESSION.

CHAPTER I. SHORT TITLE OF THE ACT, LANDS TO WHICH IT APPLIES, AND OFFICERS CHARGED WITH ITS EXECUTION.

Section 1. The short title of this Act shall be "The Public Land Act."

Section 2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to charge or-modify the government and disposition of the lands commonly called "friar lands" and those which, being privately owned, have reverted to or become the property of the Philippine Government, which administration and disposition shall be governed by the laws at present in force or which hereafter be enacted by the Legislature.

Section 3. While title to lands of the public domain remains in the Government, the Secretary of Agriculture and Natural Resources shall be the executive officer charged with carrying out the provisions of this Act, through the Director of Lands, who shall act under his immediate control.

Section 4. Subject to said control, the Director of Lands shall have direct executive control of the survey, classification lease, sale, or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to questions of fact shall be conclusive when approved by the Secretary of Agriculture and Natural Resources.

Section 5. The Director of Lands, with the approval of the Secretary of Agriculture and Natural Resources, shall prepare and issue forms, instructions, rules and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions.

CHAPTER II. CLASSIFICATION, DELIMITATION AND SURVEY OF LANDS OF THE PUBLIC DOMAIN, FOR THE CONCESSION THEREOF

Section 6. The Governor-General, upon the recommendation of the Secretary of Agriculture and Natural Resources, shall from time to time classify the lands of the public domain into —

(a) Alienable or disposable

(b) Timber and

(c) Mineral lands

and may it any time and in a like manner transfer such lands from one class to another, for the purposes of their government and disposition.

Section 7. For the purpose of the government and disposition of alienable or disposable public lands, the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, shall from time to time declare what lands are open to disposition or concession under this, Act.

Section 8. Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and, when practicable, surveyed, and which have not been reserved for public or quasi-public uses, not appropriated by the Government, nor in any manner become private property, nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed, or which, having been reserved or appropriated, have ceased to be so. However, the Governor-General may, for reasons of public interest, declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed, or may, for the same reasons, suspend their concession or disposition by proclamation duly published or by Act of the Legislature.

Section 9. For the purposes of their government and disposition, the lands of the public domain alienable or open to disposition shall be classified, according to the use or purposes to which such lands are destined, as follows:

(a) Agricultural

(b) Commercial, industrial, or for similar productive purposes.

(c) Educational, charitable, and other similar purposes.

(d) Reservations for town sites, and for public and quasi-public uses.

The Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, shall from time to time make the classification provided for in this section, and may, at any time and in a similar manner, transfer lands from one class to another.

Section 10. The words "alienation,'' "disposition," or "Concession" as used in this Act, shall mean any of the methods authorized by this Act for the acquisition, lease, use or benefit of the lands of the public domain other than timber or mineral lands.

TITLE II. AGRICULTURAL PUBLIC LANDS

CHAPTER III. FORMS OF CONCESSION OF AGRICULTURAL LANDS

Section 11. Public lands suitable for agricultural purposes can be disposed of only as follows, and not otherwise:

(1) For homestead settlement.

(2) By sale.

(3) By lease.

(4) By confirmation of imperfect or incomplete titles.

(a) By judicial legalization.

(b) By administrative legalization (free patent)

CHAPTER IV. HOMESTEADS

Section 12. Any citizen of the Philippine Islands or of the United States, over the age of eighteen years, or the head of a family, who does not own more than twenty-four hectares of land in said Islands or has not had the benefit of any gratuitous allotment of more than twenty-four hectares of land since the occupation of the Philippine Islands by the United States, may enter a homestead or not exceeding twenty-four hectares of agricultural land of the public domain.

Section 13. Upon the filing of an application for a homestead, the Director of Lands, if he finds that the application should be approved, shall do so and authorize the applicant to take possession of the land upon the payment of five pesos, Philippine currency, as entry fee. Within six months from and after the date of the approval of the application, the applicant shall begin to work the homestead otherwise he shall lose his prior right to the land. (As amended by section 1 of Act No. 3517.)

Section 14. No certificate shall be given or patent issued for the land applied for until at least one-fourth of the land has been improved and cultivated. The period within which the land shall be cultivated shall not be less than one nor more than five years, from and after the date of the approval of the application. The applicant shall, within the said period, notify the Director of Lands as soon as he is ready to acquire the title. If at the date of such notice or at any time within the two years next following the expiration of said period, the applicant shall prove to the satisfaction of the Director of lands by affidavits of two credible witnesses, that he has resided in the municipality in which the land is located, or in a municipality adjacent to the same, and has cultivated at least one-fourth of the land continuously since the approval of the application, and shall make affidavit that no part of said land has been alienated or encumbered, and that he has complied with all the requirements of this Act, then, upon the payment of five pesos, he shall be entitled to a patent. (As amended by section 2 of Act No. 3517).

Section 15. At the option of the applicant, payment of the fees required in this chapter may be made in annual installments. These payments may be made to the municipal treasurer of the locality, who, in turn, shall forward them to the provincial treasurer. In case of the delinquency of the applicant, the Director of Lands may, sixty days after such delinquency has occurred, either cancel the application or grant an extension of time not to exceed one hundred and twenty days for the payment of the sum due.

Section 16. If at any time before the expiration of the period allowed by law for the making of final proof, it shall be proved to the satisfaction of the Director of Lands, after due notice to the homesteader, that the land entered is not under the law subject to homestead entry, or that the homesteader has actually changed his residence, or voluntarily abandoned the land for more than six months at any time during the years of residence and occupation herein required or has otherwise failed to comply with the requirements of this Act, the Director of Lands may cancel the entry.

Section 17. Before the final proof shall be submitted by any person claiming to have complied with the provisions of this chapter, due notice, as prescribed by the Secretary of Agriculture and Natural Resources shall be given to the public of his intention to make such proof, stating therein the name and address of the homesteader, the description of the land, with its boundaries and area, the names of the witnesses by whom it is expected that the necessary facts will be established, and the time and place at which, and the name of the officer before whom, such proof will be made.

Section 18. In case the homesteader shall suffer from mental alienation, or shall for any other reason be incapacitated for exercising his rights personally, the person legally representing him may offer and submit the final proof on behalf of such incapacitated person.

Section 19. Not more than one homestead shall be allowed to any person; but if a homesteader has made final proof as provided in this chapter and is occupying and cultivating at least one-fourth of the land applied for and the area thereof is less than twenty-four hectares, he may apply successively for additional homesteads which must lie in the same municipality or municipal district or in an adjacent municipality or municipal district, until the total area of said homesteads shall reach twenty-four hectares, but not more, with the understanding that he shall with regard to the new tracts or additional homesteads comply with the same conditions as prescribed by this Act for an original homestead entry. (As amended by Sec. 1 of Act No, 3219 and Sec. 3 of Act No. 3517).

Section 20. The cancellation of a homestead entry not due to any fault of the applicant shall not be a bar to his applying for another homestead.

Section 21. If at any time after the approval of the application and before the patent is issued, the applicant shall prove to the satisfaction of the Director of lands that he has complied with all the requirements of the law, but can not continue with his homestead, through no fault of his own, and there is a bona fide purchaser for the rights and improvements of the applicant on the land, and that the conveyance is not made for purposes of speculation, then the applicant, with the previous approval of the Secretary of Agriculture and Natural Resources, may transfer his rights to the land and improvements to any person legally qualified to apply for a. homestead, and immediately after such transfer, the purchaser shall file a homestead application to the land so acquired and shall succeed the original homesteader in his rights and obligations beginning with the date of the approval of said application of the purchaser. Any person who has so transferred his rights may once again apply for a new homestead. Every transfer made without the previous approval of the Secretary of Agriculture and Natural Resources shall be null and void and shall result in the cancellation of the entry and the refusal of the patent.

Section 22. Any non-Christian native who has not applied for a homestead, desiring to live upon or occupy land on any of the reservations set aside for the so-called non-Christian tribes may request a permit of occupation for any tract of land of the public domain reserved for said non-Christian tribes under this Act, the area of which shall not exceed four hectares. It shall be an essential condition that the applicant for the permit cultivate and improve the land, and if such cultivation has not been begun within six months from and after the date on which the permit was received, the permit shall be canceled. The permit shall be for a term of one year. If at the expiration of this term or at any time therefor, the holder of the permit shall apply for a homestead under the provisions of this chapter, including the portion for which a permit was granted to him, he shall have the priority, otherwise the land shall be again open to disposition at the expiration of the permit.

For each the sum of one peso shall be paid.

(As amended by Sec. 2 of Act 3219 and Sec. 4 of Act 3517).

CHAPTER V. SALE

Section 23. Any citizen of lawful age of the Philippine Islands or of the United States, and any such citizen not of lawful age who is head of a family, and any corporation or association of which at least sixty-one per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippine Islands or of the United States or of any State thereof and authorized to transact business in the Philippine Islands, and corporate bodies organized in the Philippine Islands authorized under their charters to do so, may purchase any tract of public agricultural land disposable under this Act, not to exceed one hundred and forty-four hectares in the case of an individual and one thousand and twenty-four hectares in that of a corporation or association, by proceeding as prescribed in this chapter: PROVIDED, That partnerships shall be entitled to purchase not to exceed the one thousand and twenty-four hectares authorized in this section for associations and corporations: PROVIDED, further, That citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire public land as to their own citizens, may, while such laws are in force, but not thereafter, with the express authorization of the Legislature, purchase any parcel of agricultural land, not in excess of one hundred and forty-four hectares available under this Act, upon complying with the requirements of this chapter. (As amended by sec, 3 of Act No. 3219).

Section 24. No person, corporation, association, or partnership other than those mentioned in the last proceeding section may acquire or own agricultural public land or land of any other denomination or classification, not used for industrial or residence purposes, that is at the time or was originally, really or presumptively, of the public domain. or any permanent improvement thereon, or any real right on such land and improvement: PROVIDED, however, That persons, corporations, associations, or partnerships which, at the date upon which this Act shall take effect, hold agricultural public lands or land of any other denomination not used for industrial or residence purposes, that belonged originally, really or presumptively, to the public domain, or permanent improvements on such lands, or a real right upon such lands and improvements, having acquired the same under the laws and regulations in force at the date of such acquisition, shall be authorized to continue holding the same as if such persons, corporations, associations, or partnerships were qualified under the last preceding section; but they shall not encumber, convey, or alienate the same to persons, associations, corporations, or partnerships not included in section twenty-three of this Act, except by reason or hereditary succession, duly legalized and acknowledged by competent courts.

Section 25. Lands sold under the provisions of this chapter must be appraised in accordance with section one hundred and fourteen of this Act. The Director of Lands shall announce the sale thereof by publishing the proper notice once a week for six consecutive weeks in the Official Gazette and in two newspapers, one published in Manila and the other published in the municipality or in the province where the land is located, or in a neighboring province, and the same notice shall be posted on the bulletin board of the Bureau of Lands in Manila, and in the most conspicuous place in the provincial building and the municipal building of the province and the municipality where the land is located, and if practicable, on the land itself; but if the value of the land does not exceed two hundred and forty pesos, the publication in the Official Gazette and newspapers may be omitted. The notices shall be published one in English and the other in Spanish or in the local dialect, and shall fix a date not earlier than sixty days after the date of the notice upon which the land will be awarded to the highest bidder, or public bids will be called for, or other action will be taken as provided in this chapter. (As amended by section 4 of Act No. 3219).

Section 26. All bids must be sealed and addressed to the Director of Lands, and must have therewith cash or a certified check or post-office money order payable to the order of the Director Of Lands, for ten per centum of the amount of the bid, which amount shall be retained in case the bid is accepted, as part payment of the purchase price: PROVIDED, That no bid shall be considered the amount of which is less than the appraised value of the land. (As amended by section 5 of Act No. 3219).

Section 27. Upon the opening of the bids the land shall be awarded to the highest bidder. If there are two or more bids which are higher than other bids and are equal, and one of such higher and equal bids is the bid of the applicant, his bid shall be accepted. If, however, the bid of the applicant is not one of such equal and higher bids, the Director of Lands shall at once submit the land for public bidding, and to the-person making the highest bid on such public auction the land shall be awarded. In any case the applicant, if any shall always have the option of raising his bid to equal that of the highest bidder, and in this case the land shall be awarded to him. No bid received at such public auction shall be finally accepted until the bidder shall have deposited ten per centum of his bid, as required in section twenty-six of this Act. In case none of the tracts of land that are offered for sale or the purchase of which has been applied for, has an area in excess of twenty-four hectares, the Director of Lands may delegate to the Provincial treasurer concerned the power of receiving bids, holding the auction, and proceeding in accordance with the provisions of this Act, but the provincial treasurer, in his capacity as delegate of the Secretary of Agriculture and. Natural Resources shall submit his recommendations to the Director of Lands for the final decision of the latter in the case. (As amended by section 6 of Act No. 3219).

Section 28. The purchase price shall be paid as follows: The balance of the purchase price after deducting the amount paid at the time of submitting the bid, may be paid in full upon the making of the award, or in not more than ten annual installments from the date of the award: PROVIDED, That it shall be an inherent and essential condition of the sale that the purchaser shall have not less than one third of the land broken and cultivated within five years after the date of the award. (As amended by section 7 of Act No. 3219).

Section 29. After at least the second installment has been paid and after the cultivation of the land has been begun, the purchaser, with the approval of the Secretary of Agriculture and Natural Resources, may convey or encumber his rights to any person, corporation, or association legally qualified under this Act to purchase agricultural public lands, provided such conveyance or encumbrance does not affect any right or interest of the Government in the land. Any sale and encumbrance made without the previous approval of the Secretary of Agriculture and Natural Resources shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto to the Government, and all payments on the purchase price theretofore made to the Government shall be forfeited After the sale has been approved, the vendor shall not lose his right to acquire agricultural public lands under the provisions of this Act, provided he has the necessary qualifications.

Section 30. Before any patent is issued, the purchaser must show actual occupancy, cultivation, and improvement of at least one-fourth of the land applied for until the date on which final payment is made. (As amended by section 5 of Act No. 3517).

Section 31. If at any time after the date of the award and before the issuance of patent, it is proved to the satisfaction of the Director of Lands, after due notice to the purchaser, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the requirements of the law, then the land shall revert to the Government and all prior payments of purchase money shall be forfeited.

Section 32. No person, corporation, association, or partnership shall be permitted, after the approval of this Act, to acquire the title to or posses as owner any lands of the public domain if such lands, added to other land belonging to such person, corporation, association, or partnership shall give a total area greater than the area the acquisition of which by purchase is authorized under this Act. Any excess in area over this maximum and all right, title, interest, claim, or action held by any person, corporation, association, or partnership resulting directly or indirectly in such excess shall revert to the Government.

This section shall, however, not be construed to prohibit any person, corporation, association, or partnership authorized by this Act to acquire lands of the public domain from making loans upon real estate security and from purchasing real estate whenever necessary for the recovery of such loans; but in this case, as soon as the excess above referred to occurs, such person, corporation, association, or partnership shall dispose of such lands within five years, for the purpose of removing the excess mentioned. Upon the land in excess of the limit there shall be paid, so long as the same is not disposed of, for the first year a surtax of fifty per centum additional to the ordinary tax to which property shall be subject, and for each succeeding year fifty per centum shall be added to the last preceding annual tax rate, until the property shall have been disposed of.

The person, corporation, association, or partnership owning the land in excess of the limit established by this Act shall determine the portion of the land to be segregated.

At the request of the Secretary of Agriculture and Natural Resources, the Attorney-General, or the officer acting in his stead shall institute the necessary proceedings in the proper court for the purpose of determining the excess portion to be segregated, as well as the disposal of such portion in the exclusive interest of the Government.

Section 33. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person, corporation, association, or partnership; and no corporation, association, or partnership, any member of which shall have received the benefits of this chapter or of any of the two preceding chapters, either as an individual or as a member of any other corporation, association, or partnership, shall purchase any other lands of the public domain under this chapter.

But any purchaser of public land, after having made the last payment upon and cultivated at least one-fourth of the land purchased, if the same shall be less than the maximum allowed by this Act may purchase successively additional agricultural public land adjacent to or not distant from the land first purchased, until the total area of such purchases shall reach the maximum established in this chapter: PROVIDED, That in making such additional purchase or purchases, the same conditions shall be complied with as prescribed by this Act for the first purchase. (As amended by sec. 6 of Act No. 3517).

CHAPTER VI. LEASE

Section 34. All citizen of lawful age of the Philippine Islands or of the United States and any corporation or association of which at least sixty-one per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippine Islands or of the United States, and which is organized and constituted under the laws of the Philippine Islands or of the United States or of any state thereof and authorized to transact business in the Philippine Islands, may lease any tract of agricultural public land available for lease under the provisions of this Act, not exceeding a total of one thousand and twenty-four hectares: PROVIDED, That no member, stockholder or any corporation or association holding or controlling under lease or otherwise agricultural land in excess of one hundred and forty-four hectares shall apply, directly or indirectly, for agricultural public land except under the homestead and free patent provisions of this Act: PROVIDED, further, That citizens of countries the laws of which grant to citizens of the Philippine Islands the same rights to lease public land as to their own citizens, may, while such laws are in force, but no thereafter, with the express authorization of the Legislature, lease any parcel of agricultural land, not in excess of one thousand and twenty-four hectares, available for lease in accordance with this Act: PROVIDED, finally, That no lease shall be permitted to interfere with any prior claim by settlement occupation, until the consent of the occupant or settler is first had, or until such claim shall be legally extinguished, and no person, corporation, or association, shall be permitted to lease lands hereunder which are not reasonably necessary to carry on his business in case of an individual, or the business for which it was lawfully created and which it may lawfully pursue in the Philippine Islands, if an association or corporation.

Corporations or associations not having all and each of the requirements established in the preceding paragraph of this section may, with the express authorization of the Legislature, lease agricultural public lands available for lease the total area of which shall not exceed one thousand and twenty-four hectares. (As amended by section 7 of Act No. 3517).

Section 35. The Director Of Lands shall announce the lease of lands under this chapter by publishing the proper notice once a week for six consecutive weeks in the Official Gazette and in two newspapers, one published in Manila and the other published in the municipality or in the province where the land is located, or in a neighboring province, and the same notice shall be posted on the bulletin board of the Bureau of Lands in Manila, and in the most conspicuous place in the provincial building and the municipal building of the province and the municipality where the land is located, and if practicable, on the land itself and if the value of the land does not exceed two hundred and forty pesos, the publication in the Official Gazette and newspapers may be omitted. The notices shall be published one in English and the other in Spanish or in the local dialect, and shall fix a date not earlier than sixty days after the date of the notice, upon which the land will be awarded to the highest bidder, or public bids will be called for, or other action will be taken as provided in this chapter.

All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or a certified check or post-office money order payable to the order of the Director of Lands, for a sum equivalent to the rental for the first three months of the lease: PROVIDED, That no bid shall be considered in which the proposed annual rental is less than three per centum of the value of the land according to the appraisal or reappraisal thereof made in conformity with section one hundred and fourteen of Act Numbered Twenty-eight hundred and seventy-four.

Upon the opening of the bids the land shall be awarded to the highest bidder. If there are two or more bids which are higher than the others and equal, and one of such higher and equal bids is the bid of the applicant, his bid shall be accepted. If, however, the bid of the applicant is not one of such equal and higher bids, the Director of Lands shall at once submit the land for public bidding, and to the person making the highest bid on such public auction the land shall be awarded. In any case the applicant, if any, shall always have the option of raising his bid to equal that of the highest bidder, and in this case the land shall be awarded to him. No bid received at such public auction shall be accepted until the bidder shall have deposited the rental for the first three months of the lease. (As amended by sec, 8 of Act No. 3219).

Section 36. The annual rental of the land leased shall not be less than three per centum of the value of the land, according to the appraisal and reappraisal made in accordance with section one hundred and fourteen of this Act. Every contract of lease under the provisions of this chapter shall contain a clause to the effect that a reappraisal of the land leased shall be made every ten years from the date of the approval of the contract, if the term of the same shall be in excess of ten years. In case the lessee is not agreeable to the reappraisal and prefers to give up his contract of lease, he shall notify the Director of Lands of his desire within the six months next preceding the date on which the reappraisal takes effect, and in case his request is approved, the Director of Lands may, if the lessee should so desire, proceed in accordance with section ninety eight of this Act.

The rent, which shall be paid yearly in advance, shall accrue from the date of the approval of the lease, and the first payment thereof shall be made in the Bureau of Lands on the date of the approval of the application. (As amended by section 8 of Act No. 3517).

Section 37. Leases shall run for a period of not more than twenty-five years, but may be renewed for another period of not to exceed twenty-five years, at the option of the lessee. In case the lessee shall have made important improvements which, in the discretion of the Secretary of Agriculture and Natural Resources, justify a renewal of the lease, a further renewal for an additional period not to exceed twenty-five years may be granted. Upon final expiration of the lease, all buildings and other permanent improvements made by lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government, and the land together with the said improvements shall be disposed of in accordance with the provisions of chapter five of this Act. It shall be an inherent and essential condition of the lease that the lessee shall have not less than one-third of the land broken and cultivated within five years after the date of the approval of the lease and shall not assign, encumber, or sublet his rights without the consent of the Secretary of Agriculture and Natural Resources, and that the violation of this condition shall avoid the contract: PROVIDED, That assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case: PROVIDED, further, That nothing contained in this section shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this Act, or under the Public Land Act, to persons, corporations, or associations under this Act, are not authorized to lease public lands, unless otherwise provided by general or special legislations by the Legislature. (As amended by section 9 of Act No. 3517).

Section 38. The lease of any lands under this chapter shall not confer the right to remove or dispose of any valuable timber except as provided in the regulations of the Bureau of Forestry for cutting timber upon such lands. Nor shall such lease confer the right to remove or dispose of stone, oil, coal, salts, or other minerals, or medicinal mineral waters existing upon the same. The lease as to the part of the land which shall be mineral may be cancelled by the Secretary of Agriculture and Natural Resources, after notice to the lessee, whenever the said part of the land is more valuable for mineral than for agricultural purposes.

The commission of waste or the violation of the forestry regulations by the lessee shall work a forfeiture of his payment of rent and render him liable to immediate dispossession and suit for damage.

Section 39. The lessee of agricultural public land, after having made to or more payments of rent and improved land leased, if the same is less than the maximum allowed by law, may lease successively additional agricultural public land adjacent to or near the land originally leased, until the total area of such leases shall reach the maximum established in this chapter: PROVIDED, That in making such additional lease, the same conditions shall be complied with as prescribed by this Act for the first lease.(As amended by section 10 of Act. No. 3517).

Section 40. During the life of the lease, any lessee who shall have complied with all the conditions thereof and shall have the qualifications required by section twenty-three, shall have the option of purchasing the land leased subject to the restrictions of chapter five of this act. (As amended by section 11 of Act No. 3517).

CHAPTER VII. FREE PATENTS

Section 41. Any native of the Philippine Islands who is not the owner of more than twenty-four hectares, and who since July fourth, nineteen hundred and seven, or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors in interest, a tract or tracts of agricultural public lands subject to disposition, shall be entitled, under the provisions of this chapter, to have a free patent issued to him for a tract or tracts of such land not to exceed twenty-four hectares. (As amended by section 1 of Act No. 3164.)

Section 42. The Governor-General, upon recommendation of the Secretary of Agriculture and Natural Resources shall from time to time fix by proclamation the period within which applications for free patents may be filed in the district, province, municipality, or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the Governor-General, all the land comprised within such district, province, municipality, or region subject thereto under the provisions of this chapter may be disposed of as agricultural public land, without prejudice to the prior right of the occupant and cultivator to acquire such land under this Act by means other than free patent. The time to be fixed in the entire Archipelago for the filing of applications under this chapter shall not extend beyond December thirty-first, nineteen hundred and thirty-eight. The period fixed for any district, province, or municipality shall begin to run thirty days after the publication of the proclamation in the Official Gazette. A certified copy of said proclamation shall be furnished to the Director of Lands and to the provincial and municipal board or council affected, and copies thereof shall be posted on the bulletin board of the Bureau of Lands at Manila and at conspicuous places in the provincial building and the municipal building. It shall moreover, be announced by crier in each of the barrios of the municipality. (As amended by section 1 of Act No. 3346).

Section 43. If, after the filing of the application and the investigation, the Director of Lands shall be satisfied of the truth of the allegations contained in the application and that the applicant comes within the provisions of this chapter, he shall cause a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated, provided its area does not exceed twenty-four hectares: PROVIDED, That no application shall be finally acted upon until notice thereof has been published in the municipality and barrio in which the land is located and adverse claimants have had in opportunity to present their claim.

CHAPTER VIII. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES

Section 44. The persons specified in the next following section are hereby granted time, not to extend beyond December thirty-first, nineteen hundred and thirty-eight, within which to take advantage of the benefits of this chapter: PROVIDED, That the several periods of time designated by the Governor-General in accordance with section forty-two of this Act shall apply also to the lands comprised in the provisions of this chapter; but this section shall not be construed in the sense of prohibiting any of said persons from acting under this chapter at any time prior to the period fixed by the Governor-General. (As amended by section 2 of Act 3346).

Section 45. The following described citizens of the Philippine Islands and the United States, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:

(a) Those who prior to the transfer of sovereignty from Spain to the United States have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted had prosecuted the proceedings in connection therewith, but have, with or without default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have complied and cultivated said lands continuously since the filing of their applications.

(b) Those who by themselves or through their predecessors in interest have been in the open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership except as against the Government, since July twenty-sixth, eighteen hundred and ninety-four except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.

Section 46. No person claiming title to lands of the public domain not in possession of the qualifications specified in the last preceding section may apply for the benefits of this chapter.

Section 47. Any person or persons, or their legal representatives as successors in right, claiming any lands or interest in lands under the provisions of this chapter, must every case present an application to the proper Court of First Instance, praying that the validity of the alleged title or claim be inquired into and that a certificate of title issue to them under the provisions of the Land Registration Act.

The application shall conform is nearly as may be in its material allegations to the requirements of an application for registration under the Land Registration Act, and shall be accompanied by a plan of the land and all documents evidencing a right on the part of the applicant to the land claimed. The application shall also state the citizenship of the applicant and shall set forth fully the nature of the claim, and when based upon proceedings initiated under Spanish laws, it shall specify as exactly as possible the date and form of the application for purchase, composition or other form of grant, the extent of the compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title, and if not fully complied with the reason for such non-compliance, together with a statement of the length of time such land or any portion thereof has been actually occupied by the claimant or his predecessors in interest; the use made of the land, and the nature of the inclosure, if any.

The fees provided to be paid for the registration of lands under the Land Registration Act shall be collected from applicants under this chapter.

Section 48. Applications for registration under this chapter shall be heard in the Court of First Instance in the same manner and shall be subject to the same procedure as established in the Land Registration Act for other applications except that a notice of all such applications, together with a plan of the lands claimed, shall be immediately forwarded to the Director of Lands, who may appear as a party in such cases: PROVIDED, That prior to the publication for hearing, all of the papers in said case shall be transmitted by the clerk of the Attorney-General or officer acting in his stead, in order that he may, if he deems it advisable for the interests of the Government, investigate all of the alleged in the application or otherwise brought to his attention. The Attorney-General shall return such papers to the clerk as soon as practicable within three months.

The final decree of the court shall in every case be the basis for the original certificate of title in favor of the person entitled to the property under the procedure prescribed in section forty-one of the Land Registration Act.

Section 49. In cadastral proceedings, instead of an application an answer or claim may be filed with the same effect as in the procedure provided in the last preceding two sections.

Section 50. It shall be lawful for the Director of Lands, whenever in the opinion of the Governor-General the public interests shall require it, to cause to be filed in the proper Court of First Instance, through the Attorney-General or the officer acting in his stead, a petition against the holder, claimant, possessor, or occupant of any land who shall not have voluntary come in under the provisions of this chapter or of the Land Registration Act , stating in substance that the title of such holder, claimant, possessor, or occupant is open to discussion; or that the boundaries of any such land which has not been brought into court as aforesaid are open to question; or that it is advisable that the title to such lands be settled and adjudicated, and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof be settled and adjudicated. The judicial proceedings under this section shall be in accordance with the laws on adjudication of title in cadastral proceedings.

Section 51. If in the hearing of any application arising under this chapter the court shall find that more than one person or claimant has an interest in the land such conflicting interests shall be adjudicated by the court and decree awarded in favor of the person or persons entitled to the land according to the laws, but if none of said persons is entitled to the land, or if the person who might be entitled to the same lacks the qualifications required by this Act for acquiring agricultural land of the public domain, the decision shall be in favor of the Government.

Section 52. Whenever, in any proceedings under this chapter to secure registration of an incomplete or imperfect claim of title initiated prior to the transfer of sovereignty from Spain to the United States, it shall appear that had such claims been prosecuted to completion under laws prevailing when instituted, and under the conditions of the grant then contemplated, the conveyance of such land to the applicant would not have been gratuitous, but would have involved payment therefor to the Government, then and in that event the court shall, after decreeing in whom title should vest, further determine the amount to be paid as a condition for the registration of the land. Such judgment shall be certified to the Director of Lands by the clerk of the court for collection of the amount due from the person entitled to conveyance.

Upon payment to the Director of Lands of the price specified in the judgment, he shall so certify to the proper Court of First Instance and said court shall forthwith order the registration of the Land in favor of the competent person entitled thereto. If said person shall fail to pay the amount of money required by the decree within a reasonable time fixed in the same, the court shall order the proceeding to stand dismissed and the title to the land shall then be in the Government free from claim of the applicant.

Section 53. Whenever any judgment of confirmation or other decree of the court under this chapter shall become final, the clerk of the court concerned shall certify that fact to the Director of Lands, with a certified copy of the decree of confirmation or judgment of the court and the plan and technical description of the land involved in the decree of judgment of the court.

Section 54. No title to, or right or equity in, any lands of the public domain may hereafter be acquired by prescription or by adverse possession or occupancy, or under or by virtue of any law in effect prior to American occupation, except as expressly provided by laws enacted after said occupation of the Philippine Islands by the United States.

TITLE III. LANDS FOR COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PRODUCTIVE PURPOSES

CHAPTER IX. CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR COMMERCE AND INDUSTRY

Section 55. Any tract of land of the public domain which, being neither timber nor mineral land, shall be classified as suitable for residential purposes or for commercial, industrial, or other productive purposes or for commercial, industrial, or other productive purposes other than agricultural purposes, and shall be open to disposition or concession, shall be disposed of under the provisions of this chapter, and not otherwise.

Section 56. The lands disposable under this title shall be classified as follows:

(a) Lands reclaimed by the Government by dredging, filing, or other means;

(b) Foreshore

(c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers

(d) Lands not included in any of the foregoing classes.

Section 57. Any tract of land comprised under this title may be leased, or sold, as the case may be, to any person, corporation, or association authorized to purchase or lease public lands for agricultural purposes. The area of the land so leased or sold shall be such as shall, in the judgment of the Secretary of Agriculture and Natural Resources, be reasonably necessary for the purposes for which such sale or lease is requested, and shall in no case exceed forty eight hectares: PROVIDED, however, That this limitation shall not apply to grants, donations, or transfers made to a province, municipality or branch or subdivision of the Government for the purposes deemed by said entities conducive to the public interest; but the land so granted, donated, or transferred to a province, municipality, or branch or subdivision of the Government shall not be alienated, encumbered, or otherwise disposed of in a manner affecting its title, except, when authorized by the Legislature: PROVIDED, further, That any person, corporation, association or partnership disqualified from purchasing public land for agricultural purposes under the provisions of this Act, may purchase or lease land included under this title suitable for industrial or residence purposes, but the title or lease granted shall only be valid while such land is used for the purposes referred to. (As amended by section 10 of Act No. 3219).

Section 58. The lands comprised in classes (a), (b), and (c) of section fifty-six shall be disposed of to private parties by lease only and not otherwise, as soon as the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, shall declare that the same are not necessary for the public service and are open to disposition under this chapter. The lands included in class (d) may be disposed of by sale or lease under the provisions of this Act.

Section 59. The lands reclaimed by the Government by dredging, filling, or otherwise shall be surveyed and may with the approval of the Secretary of Agriculture and Natural Resources, be divided by the Director of Lands into lots and blocks, with the necessary streets and alleyways between them, and said Director shall give notice to the public, by publication in the Official Gazette or by other means, that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes. (As amended by section 11 of Act 3219).

Section 60. Whenever it is decided that lands covered by this chapter are not needed for public purposes, the Director of Lands shall ask the Secretary of Agriculture and Natural Resources for authority to dispose of the same. Upon receipt of such authority, the Director of Lands shall give notice by public advertisement in the same manner as in the case of leases or sales of agricultural public land, that the Government will lease or sell, as the case may be, the lots or blocks specified in the advertisement, for the purpose stated in the notice and subject to the conditions specified in this chapter, (As amended by section 12 of Act 3219 and section 12 of Act 3517).

Section 61. The leases executed under this chapter by the Secretary of Agriculture and Natural Resources shall, among other conditions, contain the following:

(a) The rental shall not be less than three per centum of the appraised and reappraised value of the lands and one per centum of the appraised or reappraised value of the improvement

(b) The land rented, or the improvements thereon, as the case may be, shall be reappraised every ten years if the term of the lease is in excess of that period.

(c) The term of the lease shall be as prescribed by section thirty-seven of this Act.

(d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted, shall commence the construction thereof within six months from the date of the award of the contract of lease, and shall complete the said construction within eighteen months from the date of the execution of the contract.

(e) At the expiration of the lease or of any extension of the same, all improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government.

(f) The regulation of all rates and fees charged to the public; and the annual submission to the Government for approval of all tariffs of such rates and fees.

(g) The continuance of the easements of the coast place and other easements reserved by existing law or by any laws hereafter enacted by the Legislature.

(h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land.

The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. The Secretary of Agriculture and Natural Resources may, however, subject to such conditions as he may prescribe, waive the rescission arising from a violation of the conditions of subsection (d), or extend the time without which the construction of the improvements shall be commenced and completed. (As amended by section 13 of Act 3517).

Section 62. The sale of the lands comprised in class (d) of section fifty-six shall, among others, comprise the following conditions:

(a) The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased, shall commence work thereon within six months from the receipt of the approval of the purchase, and shall complete the construction of said improvements within eighteen months from the date of such approval or award; otherwise the Secretary of Agriculture and Natural Resources may rescind the contract.

(b) The purchase price shall be paid cash down or in annual installments, not to exceed ten.

The contract of sale may contain other conditions not inconsistent with the provisions of this Act. (As amended by section 13 of Act 3219 and section 14 of Act 3517).

Section 63. The kind of improvements to be made by the lessee or the purchaser, and the plans thereof, shall be approved by the Secretary of Commerce and Communications, in case they are constructions or improvements which, if made by the Government, would properly have to be executed under the supervision of the Bureau of Public Works.

Section 64. The lease or sale shall be made through oral bidding; and adjudication shall be made to the highest bidder. However, where an applicant has made improvements on the land by virtue of a permit issued to him by competent authority, the sale or lease shall be made by sealed bidding as prescribed in section twenty-seven of this Act, the provisions of which shall be applied wherever applicable. If all or part of the lots remain unleased or unsold, the Director of Lands shall from time to time announce in the official Gazette or otherwise the lease or sale of those lots, if necessary. (As amended by section 15 of .Act No. 3517).

Section 65. The Secretary of Agriculture and Natural Resources may grant temporary permission, upon payment of a reasonable charge, for the use of any portion of the lands covered by this chapter for any lawful private purpose, subject to revocation at any time when, in his judgment, the public interest shall require it. (As amended by section 16 of Act No. 3517).

TITLE IV. LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES

CHAPTER X. CONCESSION OF LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES

Section 66. Whenever any province municipality, or other branch or subdivision of the Government shall need any portion of the land of the public domain open to concession for educational, charitable, or other similar purposes, the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, may execute contracts in favor of the same, in the form of donation, sale, lease, exchange, or any other form, under terms and conditions to be inserted in the contract; but land so granted shall in no case be encumbered or alienated, except when the public service requires their being leased or exchanged, with the approval of the Governor-General, for other lands belonging to private parties, or if the Legislature disposes otherwise.

Section 67. Any tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery, church, college, school, university, or other institution for educational, charitable, or philanthropical purposes or scientific research, the area to be such as may actually and reasonably be necessary to carry out such purpose, but not to exceed ninety-six hectares in any case. The sale or lease shall be made subject to the same conditions as required for the sale and lease of agricultural public land, but the Secretary of Agriculture and Natural Resources may waive the condition requiring cultivation. The Secretary of Agriculture and Natural Resources, if he sees fit, may order the sale to be made without public auction, at a price to be fixed by said Secretary, or the lease to be granted without the auction, at a rental to be fixed by him. In either case it shall be a condition that the purchaser or lessee or their successors or assigns shall not sell, transfer, encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application, and that the violation of this condition shall give rise to the immediate rescission of the sale or lease, as the case may be, and to the forfeiture to the Government of all existing improvements: PROVIDED, That it shall in no case be sublet, encumbered or resold under the conditions above set forth except with the approval of the Secretary of Agriculture and Natural Resources. (As amended by section 14 of Act No. 3219).

TITLE V. RESERVATIONS

CHAPTER XI. TOWN SITE RESERVATIONS

Section 68. Whenever it shall be considered to be in the public interest to found a new town, the Secretary of Agriculture .and Natural Resources shall direct the Director of Lands to have a survey made by his Bureau of the exterior boundaries of the site on which such town is to be established, and upon the completion of the survey he shall send the same to said Secretary, with his recommendations. (As amended by section 15 of Act No. 3219).

Section 69. The Secretary of Agriculture and Natural Resources, if he approves the recommendations of the Director of Lands, shall submit the matter to the Governor-General to the end that the latter issue a proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site, and a certified copy of such proclamation shall be sent to the Director of Lands and another to the register of deeds of the province in which the surveyed land lies.

Section 70. It shall then be the duty of the Director of Lands, after having recorded the proclamation of the Governor-General and the survey accompanying, the same, and having completed the legal proceedings prescribed in chapter thirteen of this Act, to direct a subdivision in accordance with the instructions of the Secretary of Agriculture and Natural Resources, if there shall be such instructions, and if there shall not be any, then in the manner which may to the Director of Lands seem best adapted to the convenience and interest of the public and the residents of the future town.

Section 71. The plat of the subdivision shall designate certain lots for commercial and industrial uses and the remainder as residence lots, and shall also reserve and note the lots owned by private individuals as evidenced by record titles, or as possessed or claimed by them as private property. Such lots, whether public or private, shall be numbered upon a general plan or system.

The plat prepared by the Director of Lands shall be submitted to the Secretary of Agriculture and Natural Resources for consideration, modification, amendment, or approval.

Section 72. Unless the necessary reservations are made in the proclamation of the Governor-General, the Director of Lands, with the approval of the Secretary of Agriculture and Natural Resources, shall reserve out of the land by him to be subdivided lots of sufficient size and convenient situation for public use, as well as the necessary avenue, streets, alleyways, parks, and squares. The avenues, streets, alleys parks plazas, and lots shall be laid out on the plat as though the lands owned or claimed by private persons were part of the public domain and part of the reservation, with a view to the possible subsequent purchase or condemnation thereof, if deemed necessary by the proper authorities.

Section 73. At any time, after the subdivision has been made, the Governor-General may, in case the public interest requires it, reserve for public purposes any lot or lots of the land so reserved and not disposed of.

Section 74. If, in order to carry out the provisions of this chapter, it shall be necessary to condemn private lands within the limits of the new town, the Governor-General shall direct the Attorney-General or officer acting in his stead to at once begin proceedings for condemnation, in accordance with the provisions of existing law.

Section 75. When the plat of subdivision has been finally approved by the Secretary of Agriculture and Natural Resources, the Director of Lands shall record the same in the records of his office and shall forward a certified copy of such record to the register of deeds of the province in which the land lies, to be by such register recorded in the records of his office.

Section 76. All lots, except those claimed by or belonging to private parties and those reserved for parks, buildings, and other public uses, shall be sold, after due notice, at public auction to the highest bidder, after the approval and recording of the plat of subdivision as above provided, but no bid shall be accepted that does not equal at lease two-thirds of the appraised value, nor shall bids be accepted from persons, corporations, associations, or partnerships not authorized to purchase public lands for commercial, residential or industrial purposes under the provisions of this Act. The provisions of section twenty-seven and sixty two of this Act shall be observed in so far as they are applicable. Lots for which satisfactory bids have not been received shall be again offered for sale, under the same conditions as the first time, and if they then remain unsold, the Director of Lands shall be authorized to sell them at private sale for not less than two-thirds of their appraised value. (As amended by section 17 of Act No. 3517).

Section 77. All funds derived from the sale of lots shall be covered into the Insular Treasury as part of the general funds.

Section 78. Not more than two residence lots and two lots for commercial and industrial uses in any one town site shall be sold to any one person, corporation, or association without the specific approval of the Secretary of Agriculture and Natural Resources.

Section 79. This Legislature shall have the power at any time to modify, alter, rescind, repeal, annul, and cancel, with or without conditions, limitations, exceptions, or reservations, all and any dispositions made by the executive branch of the Philippine Government by virtue of this chapter, and the exercise of this power shall be understood as reserved in all cases, as an inherent condition thereof.

CHAPTER XII. RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES

Section 80. Upon receipt of the order of the President of the United States, the Governor-General shall, by proclamation, designate such land as the President of the United States may set aside for military, naval, or other reservations for the use of the Government of the United States.

Section 81. Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Government of the Philippine Islands or of any of its branches, or of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation system, communal pastures or leguas communales, public parks, public quarries, public fishponds, and other improvements for the public benefit. (As amended by section 16 of Act No. 3219).

Section 82. Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may, by proclamation, designate any tract or tracts of the public domain for the exclusive use of the non-Christian natives, including in the reservation, in so far as practicable, the lands used or possessed by them, and granting to each member not already the owner, by title or gratuitous patent, of four or more hectares of land, the use and benefit only of a tract of land not to exceed four hectares for each male member over eighteen years of age or the head of a family. As soon as the Secretary of the Interior shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization, then the Governor-General may order that the lands of the public domain within such reservation be granted under the general provisions of this Act to the said inhabitants, and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. But any non-Christian inhabitant may at any time apply for the general benefits of this Act, provided the Secretary of Agriculture and Natural Resources is satisfied that such inhabitant is qualified to take advantage of the provisions of the same: PROVIDED, That all grants, deeds, patents and other instruments of conveyance of land or purporting to convey or transfer rights of property, privileges, or easements appertaining to or growing out of lands, granted by sultans, datus, or other chiefs of the so-called non-Christians tribes, without the authority of the Spanish Government while the Philippine Islands were under the sovereignty of Spain, or without the consent of the United States Government or of the Philippine Government since the sovereignty of the Archipelago was transferred from Spain to the United States, and all deeds and other documents executed or issued or based upon the deeds, patents, and documents mentioned, are hereby declared to illegal, void, and of no effect. (As amended by section 18 of Act No. 3517).

Section 83. Upon recommendation by the Secretary of Agriculture and Natural Resources, the Governor-General may, by proclamation, designate any tract or tracts of land of the public domain for establishment of agricultural colonies; and although the disposition of the lands to the colonists shall be made under the provisions of this Act, yet while the Government shall have the supervision and management of said colonies, the Secretary of Agriculture and Natural Resources may make the necessary rules and regulations for the organization and internal administration of the same.

The Secretary of Agriculture and Natural Resources may also, under conditions to be established by the Legislature, turn over a colony so reserved to any person or corporation, in order that such person or corporation may clear, break, and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences; but final disposition shall be made of the land in accordance with the provisions of this Act, subject, however, to such conditions as the Legislature may establish for the reimbursement of the expense incurred in putting such lands in condition for cultivation: PROVIDED, That the Legislature may direct that such land so prepared for cultivation may be disposed of only by sale or lease.

CHAPTER XIII. PROVISIONS COMMON TO RESERVATIONS

Section 84. A certified copy of every proclamation of the Governor-General issued under the provisions of this title shall forward to the Director of Lands for record in his office, and a copy of this record shall be forwarded to the register of deeds of the province or city where the land lies. Upon receipt of such certified copy, the Director of Lands shall order the immediate survey of the proposed reservation if the land has not yet been surveyed, and as soon as the plat has been completed, he shall proceed in accordance with the next following section.

Section 85. If all the lands included in the proclamation of the Governor-General are not registered under the Land Registration Act, the Attorney-General, if requested to do so by the Secretary of Agriculture and Natural Resources, shall proceed in accordance with the provisions of section fifty of this Act.

Section 86. The tract or tracts of land reserved under the provisions of section eighty and eighty-one shall be non-alienable and shall not be subject to occupation, entry, sale, lease, or other disposition until again declared alienable under the provisions of this Act or by proclamation of the Governor-General. (As amended by section 19 of Act No. 3715).

TITLE VI. GENERAL PROVISIONS

CHAPTER XIV. APPLICATIONS, PROCEDURE, CONCESSION OF LANDS, AND LEGAL RESTRICTIONS AND ENCUMBRANCES

Section 87. All proclamations filed under the provisions of this Act shall be addressed to the Director of Lands.

Section 88. Every application under the provisions of this Act shall be made under oath and shall set forth:

(a) The name and post-office address of the applicant, stating, in the case of an individual, his citizenship, and in the case of a corporation, association, or partnership, accompanying a copy of its articles of incorporation or partnership, and, if organized outside of the Philippine Islands also the documentary evidence necessary to show that such corporation, association, or partnership has been organized in accordance with the requirements of the laws of the country or state where it was constituted, and that it is authorized to transact business in these Islands, and if not incorporated, data showing that its members possess individually the qualifications required by this Act.

(b) That the applicant has all the qualifications required by this Act in the case.

(c) That he has none of the disqualifications mentioned herein.

(d) That the application is made in good faith, for the actual purpose of using the land for the object specified in the application and for no other purpose, and that the land is suitable for the purpose for which it is requested.

(e) That the application is made for the exclusive benefit of the applicant and not, either directly or indirectly for the benefit of any other person, or persons, corporation, association, or partnership.

(f) As accurate a description of the land as may be given, stating its nature, the province, municipality, barrio, and sitio where it is located, and its limits and boundaries, specifying those having reference to accidents of the ground or permanent monuments, if any.

(g) Whether all or part of the land is occupied or cultivated or improved, and by whom, giving his post-office address, and whether the land has been occupied or cultivated or improved by the applicant or his ascendant, the name of the ascendant, the relationship with him, the date and place of the death of the ascendant, the date when the possession and cultivation began, and a description of the improvements made, accompanying satisfactory evidence and the relationship of the applicant with the ascendant, and of the death of the latter and the descendants left by him, in case it is alleged that he occupied and cultivated the land first; or whether there are indications of its having been occupied, cultivated, or improved entirely or partially, and if so, in what such indications consist, whether he has made investigations as to when and by whom such improvements were made, and if so, how such investigations were made and what was the result thereof; or whether the land is not occupied, improved, or cultivated either entirely, or partially and there are no indications of it having ever been occupied improved or cultivated, and in this case, what is the condition of the land.

(h) That the land applied for is neither timber nor mineral land and does not contain guano or deposits of salts or coal.

Section 89. The statements made in the application shall be considered as essential conditions and parts of any concession, title, or permit issued on the basis of such application, and any false statement therein or omission of facts altering, changing, or modifying the consideration of the facts set forth in such statements, and any subsequent modification, alteration, or change of the material facts set forth in the application shall ipso facto produce the cancellation of the concession, title, or permit granted. It shall be the duty of the Director of Lands, from time to time and whether he may deem it advisable, to make the necessary investigations for the purpose of ascertaining whether the material facts set out in the application are true, or whether they continue to exist and are maintained and preserved in good faith, and for the purposes of such investigation, the Director of Lands shall be empowered to issue subpoenas and subpoenas duces tecum and, if necessary, to obtain compulsory process from the courts. In every investigation made in accordance with this section, the existence of bad faith, fraud, concealment, or fraudulent and illegal modification of essential facts shall be presumed if the grantee or possessor of the land shall refuse or fail to obey a subpoena or subpoena duces tecum lawfully issued by the Director of Lands or his authorized delegates or agents, or shall refuse or fail to give direct and specific answers to pertinent questions, and on the basis of such presumption, an order of cancellation may issue without further proceedings.

Section 90. Although the maximum area of public land that may be acquired is fixed, yet the spirit of this Act is that the rule which must determine the real area to be granted is the beneficial use of the land. The concession or disposition shall be for less than the maximum area authorized if at time of the issuance of the patent or of the concession or disposition it shall appear that the applicant is utilizing and is only able to utilize a smaller area, even though the application is for a greater area. For the purpose of this section, the Director of Lands is authorized to determine the area that may be granted to the applicant, and to deny or cancel or limit any application for concession, purchase, or lease, if convinced of the lack of means of the applicant for using the land for the purpose for which he has requested it.

Section 91. Lands applied for under this Act shall conform to the legal subdivisions and shall be contiguous if comprising more than one subdivision. If subdivisions have not been made on the date of the application, the lands shall be rectangular in form so far as practicable, but it shall be endeavored to make them conform to the legal subdivision as soon as the same has been made, provided the interests of the applicant or grantee are protected; and the subdivision assigned to the applicant or grantee shall, so far as practicable, include the land improved or cultivated. The regulations to be issued for the execution of the provisions of this section shall take into account the legal subdivision to be made by the Government and the inadvisability of granting the best land at a given place to only one person.

Section 92. In case the legal subdivisions have already been made at the time of the filing of the application, no charge shall be made for the survey; but if the legal subdivisions have not yet been made, the cost of the survey shall be charged to the Government, except in the following cases:

(a) In purchases under chapters five and ten of this Act; the cost of the survey shall be charged to the purchaser if the same is a corporation, association, or partnership; in other purchases the purchaser, whoever it be, shall pay the total cost of the survey.

(b) In leases, the cost of the survey shall be paid by the lessee; but at any time after the first five years from the approval of the lease, and during the life of the same, the lessee shall be entitled to the reimbursement of one-half of the cost of the survey, if he shows to the satisfaction of the Director of Lands that he has occupied and improved a sufficient area of the land or incurred sufficient expense in connection therewith to warrant such reimbursement.

Section 93. If before the delimitation and survey of a tract of public land the Governor-General shall declare the same disposable or alienable and such land shall be actually occupied by a person other than the applicant, the Director of Lands shall inform the occupant of his prior right to apply for the land and shall give him one hundred and twenty days' time in which to file the application or apply for the concession by any of the forms of disposition authorized by this Act, if such occupant is qualified to acquire a concession under this Act.

Section 94. As soon as any land of the public domain has been surveyed, delimited, and classified, the Governor-General may, in the order issued by him declaring it open for disposition, designate a term within which occupants with improvements but not entitled to free patents may apply for the land occupied by them, if they have the qualifications required by this Act.

Section 95. If in the case of the two last preceding sections, the occupant or occupants have not made application under any of the provisions of this Act at the expiration of the time limit fixed, they shall lose any prior right to the land recognized by this Act, and the improvements on the land, if any, shall be forfeited to the Government.

Section 96. (Missing portion in DENR file)

Section 97. The Secretary of Agriculture and Natural Resources may order such improvements and crops to be appraised separately, for sale to the new applicant or grantee, or may declare such land open only to sale or lease.

Section 98. In case the cancellation is due to delinquency on the part of the applicant or grantee, the same shall be entitled to the reimbursement of the proceeds of the sale of the improvements and crops, after deducting the total amount of his indebtedness to the Government and the expense incurred by it in the sale of the improvements or crops and in the new concession of the land.

Section 99. All actions for the reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Attorney-General or the officer acting in his stead, in the proper courts, in the name of the Government of the Philippine Islands.

Section 100. Any person, corporation, or association may file an objection under oath to any application or concession under this Act, grounded on any reason sufficient under this Act for the denial or cancellation of the application or the denial of the patent or grant. If, after the applicant or grantee has been given suitable opportunity to be duly heard, the objection is found to be well founded, the Director of Lands shall deny or cancel the application or deny the patent or grant, and the person objecting shall, if qualified, be granted a prior right of entry for a term of sixty days from the date of the notice.

Section 101. All the proofs, affidavits, and oaths of any kind required or necessary under this Act may be made before the justice of the peace or the municipality in which the land lies, or before the judge or clerk of the Court of First Instance of the province in which the land lies, or before any justice of the peace or notary public of the province in which the land lies, or before any officer or employee of the Bureau of Lands authorized by law to administer oaths.

The fees for the taking of final evidence before any of the officials hereinbefore mentioned shall be as follows:

For each affidavit, fifty centavos.

For each deposition of the applicant or the witnesses, fifty centavos.

Section 102. Any owner of uncultivated agricultural land who knowingly permits application for the same to be made to the Government and the land to be tilled and improved by a bona fide grantee without protesting to the Bureau of Lands within one year after cultivation has begun, shall lose all right to the part of the land so cultivated, and improved, unless he shall bring action in the proper court before such action for recovery prescribes and obtains favorable judgment therein, in which case the court shall, upon its decision having become final, order the payment to the grantee, within a reasonable period, of the indemnity fixed by said court for the cultivation and improvement.

Section 103. If at any time the applicant or grantee shall die, before the issuance of the patent or the final grant of the land, or during the life of the lease, or while the applicant or grantee still has obligations pending towards the Government, in accordance with this Act, he shall be succeeded in his rights and obligations with respect to the land applied for or granted or leased under this Act by his heirs in law, who shall be entitled to have issued to them the patent or final concession if they show that they have complied with the requirements therefor, and who shall be surrogated in all his rights and obligations for the purposes of this Act. (As amended by section 20 of Act No. 3517).

Section 104. If at any time after the approval of the application and before the issuance of a patent or the final concession of the land, or during the life of the lease, or at any time when the applicant or grantee still has obligations pending with the Government, in accordance with this Act, it appears that the land applied for is necessary, in the public interest, for the protection of any source of water or for any work for the public benefit that the Government wishes to undertake the Secretary of Agriculture and Natural Resources may order the cancellation of the application or the non-issuance of the patent or concession or the exclusion from the land applied for of such portion as may be required, upon payment of the value of the improvements, if any.

Section 105. All patents or certificates for lands granted under this Act shall be prepared in the Bureau of Lands and shall issue in the name of the Government of the Philippine Islands under the signature of Governor-General, countersigned by the Secretary of Agriculture and Natural Resources, but such patents or certificates shall be effective only for the purposes defined in section one hundred and twenty-two of the Land Registration Act; and the actual conveyance of the land shall be effected only as provided in said section.

Section 106. No patent shall issue nor shall any concession or contract be finally approved unless the land has been surveyed and an accurate plat made thereof by the Bureau of Lands.

Section 107. In no case shall any land be granted under the provisions of this Act when this affects injuriously the use of any adjacent land or of the waters, rivers, creeks, foreshore, roads, or roadsteads, or vests the grantee with other valuable rights that may be detrimental to the public interest.

Section 108. Patents or certificates issued under the provisions of this Act shall not include nor convey the title to any gold, silver, copper, iron, or other metals or minerals, or other substances containing minerals, guano, gums, precious stones, coal, or coal oil contained in lands granted thereunder. These shall remain to be property of the Government.

Section 109. All persons receiving title to lands under the provisions of this Act, shall hold such lands subject to the provisions hereof and to the same public servitudes as exist upon lands owned by private persons, including those with reference to the littoral of the sea and the banks of navigable river or rivers upon which rafting may be done.

Section 110. Said lands shall further be subject to a right of way not over twenty meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines, and similar works as the Government or any public or quasi-public service or enterprise, including mining of forest concessionaires, may reasonably require for carrying on their business, with damages for the improvements only. (As amended by section 21 of Act No. 3517).

Section 111. The beneficial use of water shall be the basis, the measure, and the limit of all rights thereto, and the patents herein granted shall be subject to the right of the Government to make such rules and regulations for the use of water and the protection of the water supply, and for other public purposes, as it may deem best for the public good. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, or by the laws and decisions of the courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and all patents granted under this Act shall be subject to any vested and accrued rights to ditches and reservoirs used in connection with such water rights as may have been acquired in the manner above described prior to April eleven, eighteen hundred and ninety nine.

Section 112. There is hereby reserved from the operation of all patents, certificates, entires, and grants by the Government authorized under this Act, the right to use for the purposes of power any flow of water in any stream running through or by the land granted, the convertible power from which at ordinary low water exceeds fifty horse power. Where the convertible power in any stream running through or by land granted under the authority of this Act thus exceeds fifty horse power, and there is no means of using such power except by the occupation of a part of the land granted under authority of this Act, then so much as is reasonably necessary for the mill site or site for the power house, and for a suitable dam and site for massing the water, is hereby excepted from such grants, not exceeding four hectares, and a right of way to the nearest public highway from the land thus excepted, and also a right of way for the construction and maintenance of such flumes, aqueducts, wires, poles, or other conduits as may be needed in conveying the water to the point of conversion to the point of use, is reserved as a servitude or easement upon the land granted by authority of this Act: PROVIDED, however, That when the Government or any concessionaire of the Government shall take possession of land under this section which a grantee under this Act shall have paid for, supposing it to be subject to grant under this Act, said grantee shall be entitled to indemnity from the Government or the concessionaire, as the case may be, for the amount, if any, paid by him to the Government for the land taken from him by virtue of this section: AND PROVIDED, FURTHER, That with respect to the flow of water, except for converting the same into power exceeding fifty horse power, said grantee shall be entitled to the same use of the water flowing through or along his land that other private owners enjoy under the law, subject to the governmental regulation provided in the previous section. Water power privileges in which the convertible power at ordinary low water shall exceed fifty horse power shall be disposed of only upon terms established by Act of the Legislature concerning the use, lease, or acquisition of such water privilege.

Section 113. All the lands granted by virtue of this Act except homestead upon which final proof has not been made and approved, shall, even though, and while the title remains in the Government, be subject to the ordinary taxes which shall be paid by the grantee beginning with the year next following the one in which the application or concession has been approved or the contract signed, as the case may be, on the basis of the value fixed in such approval, concession or contract. (As amended by section 17 of Act No. 3219).

Section 114. The appraisal or reappraisal of the lands or improvements subject to concession or disposition under this Act shall be made by the Director of Lands, with the approval of the Secretary of Agriculture and Natural Resources. The Director of Lands may request the assistance of the provincial treasurer of the province in which the land lies or may appoint a committee for such purpose in the province or in the municipality in which the land lies. In no case shall the appraisal or reappraisal be less than the expense incurred or which may be incurred by the Government in connection with the application or concession, nor shall any reappraisal be made with an increase of more than one hundred per centum upon the appraisal or reappraisal next preceding. (As amended by sec. 22 of Act No. 3517).

Section 115. All sums due and payable to the Government under this Act shall draw simple interest at the rate of four per centum per annum from and after the date in which the debtor shall become delinquent. The Director of Lands may, however, remit such interest in the case of applicants for homesteads if it shall appear that the delinquency is due to no fault or neglect on their part. (As amended by section 18 of Act. No. 3219).

Section 116. Except in favor of the Government or any of its branches, units or institutions, or legally constituted banking corporations, lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. (As amended by section 23 of Act No. 3517).

Section 117. Every conveyance of land acquired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, for a period of five years from the date of the conveyance.

Section 118. Conveyance and encumbrance made by persons belonging to the so-called "non-Christian tribes," when proper, shall not be valid unless duly approved by the Director of the Bureau of non-Christian tribes.

Section 119. Except with the consent of the grantee and the approval of the Secretary of Agriculture and Natural Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership, may acquire or have any right, title, interest, or property right whatsoever to any land granted under the free patent, homestead or individual sale provisions of this Act or to any permanent improvement on such land. (As amended by section 24 of Act. No. 3517).

Section 120. No land originally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall be encumbered, alienated, or transferred, except to persons, corporations, associations, or partnerships who may acquire lands of the public domain under this Act; to corporations organized in the Philippine Islands authorized therefor by their charters, and upon express authorization by the Philippine Legislature, to citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land, or permanent improvements thereon, or any interest therein, as to their own citizens, only in the manner and to the extent specified in such laws, and while the same are in force, but not thereafter.

Section 121. No land originally acquired in any manner under the provisions of the former Public Land Act or of any other Act, ordinance, royal order, royal decree, or any other provision of law formerly in force in the Philippine Islands with regard to public lands, terrenos baldios y realengos, or lands of any other denomination that were actually or presumptively of the public domain, or by royal grant or in any other form, nor any permanent improvement on such land, shall be encumbered, alienated, or conveyed, except to persons, corporations, or associations who may acquire land of the public domain under this Act; to corporate bodies organized in the Philippine Islands whose charters may authorize them to do so, and, upon express authorization by the Philippine Legislature, to citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land or permanent improvements thereon or any interest therein, as to their own citizens and only in the manner and to the extent specified in such laws, and while the same are in force, but not thereafter: PROVIDED, however, That this prohibition shall not be applicable to the conveyance or acquisition by reason of hereditary succession duly acknowledged and legalized by competent courts, nor to lands and improvements acquired or held for industrial or residence purposes, while used for such purposes: PROVIDED, further, That in the event of the ownership of the lands and improvements mentioned in this section and in the last preceding section being transferred by judicial decree to persons, corporations or associations not legally capacitated to acquire the same under the provisions of this Act, such persons, corporations, or associations shall be obliged to alienate said lands or improvements to others so capacitated within the precise period of five years, under the penalty of such property reverting to the Government in the contrary case.

Section 122. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and sixteen, one hundred and eighteen, one hundred nineteen, one hundred and twenty, and one hundred and twenty-one of this act shall be unlawful and null and void from its execution and shall produce the effect of annulling and canceling the grant, title, patent, or permit originally issued, recognized, or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the Government.

Section 122(A). The provisions of sections twenty three, twenty four, thirty four, fifty seven, one hundred and twenty, and one hundred and twenty-one of this Act, and any other provisions or provisions restricting or tending to restrict the right of persons, corporations, or associations to acquire, hold, lease, encumber, dispose of, or alienate land in the Philippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to acquire, hold or dispose of such land, permanent improvements thereon or interests therein in the Philippine Islands is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same, which right in so far as it exists under such treatise, shall continue and subsist in the manner and to the extent stipulated in said treaties, and only while these are in force, but not thereafter.

CHAPTER XV. PENAL PROVISIONS

Section 123. Any person who presents or causes to be presented, or cooperates in the presentation of, any false application, declaration, or evidence, or makes or causes to be made or cooperates in the making of a false affidavit in support of any petition, claim, or objection respecting lands of the public domain, shall be deemed guilty of perjury and punished accordingly.

Section 124. Any person who voluntarily and maliciously prevents or hinders or attempts to prevent or hinder the presentation of any application for public land under this Act, or who in any manner attempts to execute or executes acts intended to dissuade or discourage, or aid to dissuade or discharge, the acquisition of public lands, shall be deemed guilty of coercion and to be punished accordingly.

Section 125. Any person who sells forms issued and distributed gratuitously under this Act or who, being an officer charged with distributing them, refuses or fails, without sufficient reason, to furnish the same, shall be punished for each offense by a fine of not more than one hundred pesos or by imprisonment for not more than three months, or both, in the discretion of the court.

Section 125(A). Any person, corporation, association or partnership not qualified or no longer authorized to apply for public land under the provisions of this Act who files or induces or knowingly permits another person, corporation, association or partnership to file an application in his or its behalf or for his or its interest, benefit or advantage, shall be punished by a fine of not less than two hundred or more than five thousand pesos or by imprisonment for not less than two months nor more than five years, or both, in the discretion of the court, and the cancellation of the application.

Section 126. Any person who, without having the qualifications required by this Act, shall by deceit or fraud acquire or attempt to acquire lands of the public domain or other real property, or any right, title, or interest, or property right of any class to the same, and any person aiding and abetting him therein or serving as a means or tool therefor, shall, upon conviction, be punished by a fine of not more than five thousand pesos, or by imprisonment for not more than five years, or both, in the discretion of the court.

TITLE VII. FINAL PROVISIONS

CHAPTER XVI. EFFECTIVENESS OF THIS ACT

Section 127. If, for any reason, any section or provision of this Act is challenged in a competent court and is held to be unconstitutional or invalid or if, for any reason, the President of the United States excepts from his approval or the United States Congress repeals or declares invalid, any section or provisions of this Act, none of the other sections or provisions thereof shall be affected thereby and such other section and provisions shall continue to govern as if the section or provisions so annulled, disapproved, or repealed had never been incorporated in this Act, and lieu of the section or provision so annulled, disapproved, or repealed, the provisions of the law on the subject thereof in force prior to the approval of this Act shall govern until the Legislature shall other wise provide in the premises.

In case the President of the United States should have any objection to any provision or provisions of this Act, these shall not take effect, notwithstanding the approval of this Act by the President, and in the meantime the provisions of law on the subject thereof in force prior to the approval of this Act shall continue to govern instead of the section or provision objected. The Philippine Legislature shall, in view of the objections of the President, take such action as it may see fit at the next regular session held after the action of the President, and whatever action the Legislature may then take shall be submitted to the President, for his final sanction.

Section 128. Act Numbered Nine hundred and twenty six known as the "Public Land Act," and all acts and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed.

Section 129. This Act shall take effect on July first, nineteen, hundred and nineteen, unless the Governor-General shall, in the proclamation announcing its effectiveness, designate a date prior to July first, nineteen hundred and nineteen, but posterior to the date of the approval of this Act by the Philippine Legislature, in which case this Act shall take effect on the date so designated.

THE BULK SALES LAW (as amended)

AN ACT TO REGULATE THE SALE, TRANSFER, MORTGAGE OR ASSIGNMENT OF GOODS, WARES, MERCHANDISE, PROVISIONS OR MATERIALS, IN BULK, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF

Section 1. This Act shall be known as "The Bulk Sales Law."

Section 2. Sale and transfer in bulk. — Any sale, transfer, mortgage or assignment of a stock of goods, wares, merchandise, provisions, or materials otherwise than in the ordinary course of trade and the regular prosecution of the business of the vendor, mortgagor, transferor, or assignor, or sale, transfer, mortgage or assignment of all, or substantially all, of the business or trade theretofore conducted by the vendor, mortgagor, transferor, or assignor, or of all, or substantially all, of the fixtures and equipment used in and about the business of the vendor, mortgagor, transferor, or assignor, shall be deemed to be a sale and transfer in bulk, in contemplation of this Act: Provided, however, That if such vendor, mortgagor, transferor or assignor, produces and delivers a written waiver of the provisions of this Act from his creditors as shown by verified statements, then, and in that case, the provisions of this section shall not apply.

Section 3. Statement of creditors. — It shall be the duty of every person who shall sell, mortgage, transfer, or assign any stock of goods, wares, merchandise, provisions or materials in bulk, for cash or on credit, before receiving from the vendee, mortgagee, or his, or its agent or representative any part of the purchase price thereof, or any promissory note, memorandum, or other evidence therefor, to deliver to such vendee, mortgagee, or agent, or if the vendee, mortgagee, or agent be a corporation, then to the president, vice-president, treasurer, secretary or manager of said corporation, or, if such vendee or mortgagee be a partnership firm, then to a member thereof, a written statement, sworn to substantially as hereinafter provided, of the names and addresses of all creditors to whom said vendor or mortgagor may be indebted, together with the amount of indebtedness due or owing, or to become due or owing by said vendor or mortgagor to each of said creditors, which statement shall be verified by an oath to the following effect:

PHILIPPINE ISLANDS

PROVINCE OR CITY OF _________________}

Before me, the undersigned authority, personally appeared __________________ (vendor, mortgagor, agent or representative, as the case may be), bearing cedula No. ____________ issued at ___________ on the day of _____________ who, by me being first duly sworn, upon his oath, deposes and states that the foregoing statement contains the names of all of the creditors of ________________ (vendor, or mortgagor) together with their addresses, and that the amount set opposite each of said respective names, is the amount now due and owing, and which shall become due and owing by _____________ (vendor or mortgagor) to such creditors, and that there are no creditors holding claims due or which shall become due, for or on account of goods, wares, merchandise, provisions or materials purchased upon credit or on account of money borrowed, to carry on the business of which said goods, wares, merchandise, provisions or materials are a part, other than as set forth in said statement.

______________________

Subscribed and sworn to before me this _______ day of ______, 19___, at ________

Section 4. Fraudulent and void sale, transfer or mortgage. — Whenever any person shall sell, mortgage, transfer, or assign any stock of goods, wares, merchandise, provisions or materials, in bulk, for cash or on credit, and shall receive any part of the purchase price, or any promissory note, or other evidence of indebtedness for said purchase price or advance upon mortgage, without having first delivered to the vendee or mortgagee or to his or its agent or representative, the sworn statement provided for in section three hereof, and without applying the purchase or mortgage money of the said property to the pro rata payment of the bona fide claim or claims of the creditors of the vendor or mortgagor, as shown upon such sworn statement, he shall be deemed to have violated this Act, and any such sale, transfer or mortgage shall be fraudulent and void.

Section 5. Inventory. — It shall be the duty of every vendor, transferor, mortgagor, or assignor, at least ten days before the sale, transfer or execution of a mortgage upon any stock of goods, wares, merchandise, provisions or materials, in bulk, to make a full detailed inventory thereof and to preserve the same showing the quantity and, so far as is possible with the exercise of reasonable diligence, the cost price to the vendor, transferor, mortgagor or assignor of each article to be included in the sale, transfer or mortgage, and notify every creditor whose name and address is set forth in the verified statement of the vendor, transferor, mortgagor, or assignor, at least ten days before transferring possession thereof, personally or by registered mail, of the price, terms conditions of the sale, transfer, mortgage, or assignment.

Section 6. Any vendor, transferor, mortgagor or assignor of any stock of goods, wares, merchandise, provisions or materials, in bulk, or any person acting for, or on behalf of any such vendor, transferor, mortgagor, or assignor, who shall knowingly or willfully make, or deliver or cause to be made or delivered, a statement, as provided for in section three hereof, which shall not include the names of all such creditors, with the correct amount due and to become due to each of them, or shall contain any false or untrue statement, shall be deemed to have violated the provisions of this Act.

Section 7. It shall be unlawful for any person, firm or corporation, as owner of any stock of goods, wares, merchandise, provisions or materials, in bulk, to transfer title to the same without consideration or for a nominal consideration only.

Section 8. Nothing in this Act contained shall apply to executors, administrators, receivers, assignees in insolvency, or public officers, acting under judicial process.

Section 9. The sworn statement containing the names and addresses of all creditors of the vendor or mortgagor provided for in section three of this Act, shall be registered in the Bureau of Commerce. For the registration of each such sworn statement a fee of five pesos shall be charged to the vendor or mortgagor of the stock of goods, wares, merchandise, provisions or materials, in bulk.

Section 10. The provisions of this Act shall be administered by the Director of the Bureau of Commerce and Industry, who is hereby empowered, with the approval of the Department Head, to prescribe and adopt from time to time such rules and regulations as may be deemed necessary for the proper and efficient enforcement of the provisions of this Act.

Section 11. Any person violating any provision of this Act shall, upon conviction thereof, be punished by imprisonment not less than six months, nor more than five years, or fined in sum not exceeding five thousand pesos, or both such imprisonment and fine, in the discretion of the court.

Section 12. This Act shall take effect on its approval.

Approved: 01 December 1972

ACT No. 3815 (December 8, 1930)

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

Preliminary Article - This law shall be known as "The Revised Penal Code."

BOOK ONE

GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. - This Code shall take effect on the first day of January, nineteen hundred and thirty-two.

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

Should commit an offense while on a Philippine ship or airship
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
While being public officers or employees, should commit an offense in the exercise of their functions; or
Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

Chapter One

FELONIES

Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Article 4. Criminal liability. - Criminal liability shall be incurred:

By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. - Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would 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 a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

Article 7. When light felonies are punishable. - Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.

Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit 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 decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.

Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

Chapter Two

JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

Article 11. Justifying circumstances. - The following do not incur any criminal liability:

Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
- First. Unlawful aggression.
- Second. Reasonable necessity of the means employed to prevent or repel it.
- Third. Lack of sufficient provocation on the part of the person defending himself.
Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.
Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.
Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;
- First. That the evil sought to be avoided actually exists;
- Second. That the injury feared be greater than that done to avoid it;
- Third. That there be no other practical and less harmful means of preventing it.
Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:

An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.
A person under nine years of age.
A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.
Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
Any person who act under the compulsion of irresistible force.
Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
That the offender had no intention to commit so grave a wrong as that committed.
That sufficient provocation or threat on the part of the offended party immediately preceded the act.
That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.
And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

That advantage be taken by the offender of his public position.
That the crime be committed in contempt or with insult to the public authorities.
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 is be committed in the dwelling of the offended party, if the latter has not given provocation.
That the act be committed with abuse of confidence or obvious ungratefulness.
That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.
That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
That the crime be committed with the aid of armed men or persons who insure or afford impunity.
That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.
That the offender has been previously punished by 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.
That the crime be committed in consideration of a price, reward, or promise.
That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
That the act be committed with evidence premeditation.
That the craft, fraud or disguise be employed.
That advantage be taken of superior strength, or means be employed to weaken the defense.
That the act be committed with treachery (alevosia).
There is treachery 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.
That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.
That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).
That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions.

Chapter Five

ALTERNATIVE CIRCUMSTANCES

Article 15. Their concept. - Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

Article 16. Who are criminally liable. - The following are criminally liable for grave and less grave felonies:

Principals.
Accomplices.
Accessories.

The following are criminally liable for light felonies:

Principals
Accomplices.

Article 17. Principals. - The following are considered principals:

Those who take a direct part in the execution of the act;
Those who directly force or induce others to commit it;
Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Article 18. Accomplices. - Accomplices are those persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts.

Article 19. Accessories. - 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:

By profiting themselves or assisting the offender to profit by the effects of the crime.
By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Article 20. Accessories who are exempt from criminal liability. - 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 1 of the next preceding article.

Chapter One

PENALTIES IN GENERAL

Article 21. Penalties that may be imposed. - No felony shall be punishable by any penalty not prescribed by law prior to its commission.

Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

Article 23. Effect of pardon by the offended party. - A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.

Article 24. Measures of prevention or safety which are nor considered penalties. - The following shall not be considered as penalties:

The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.
The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein.
Suspension from the employment of public office during the trial or in order to institute proceedings.
Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.
Deprivation of rights and the reparations which the civil laws may establish in penal form.

Chapter Two

CLASSIFICATION OF PENALTIES

Article 25. Penalties which may be imposed. - The penalties which may be imposed according to this Code, and their different classes, are those included in the following:

Scale
Principal Penalties
- Capital punishment:
  - Death.
- Afflictive penalties:
  - Reclusion perpetua,
  - Reclusion temporal,
  - Perpetual or temporary absolute disqualification,
  - Perpetual or temporary special disqualification,
  - Prision mayor.
- Correctional penalties:
  - Prision correccional,
  - Arresto mayor,
  - Suspension,
  - Destierro.
- Light penalties:
  - Arresto menor,
  - Public censure.
- Penalties common to the three preceding classes:
  - Fine, and
  - Bond to keep the peace.
- Accessory Penalties
- Perpetual or temporary absolute disqualification,
- Perpetual or temporary special disqualification,
- Suspension from public office, the right to vote and be voted for, the profession or calling.
- Civil interdiction,
- Indemnification,
- Forfeiture or confiscation of instruments and proceeds of the offense,
- Payment of costs.

Article 26. When afflictive, correctional, or light penalty. - A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos.

Chapter Three

DURATION AND EFFECTS OF PENALTIES

Section One. Duration of Penalties

Article 27. Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. - The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

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

Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.

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

Article 28. Computation of penalties. - If the offender 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 offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

Article 29. Period of preventive imprisonment deducted from term of imprisonment. - Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:

When they are recidivists or have been convicted previously twice or more times of any crime; and
When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970).

Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988).

Section Two. Effects of the penalties according to their respective nature

Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:

The deprivation of the public offices and employments which the offender >may have held even if conferred by popular election.
The deprivation of the right to vote in any election for any popular office or to be elected to such office.
The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.
The loss of all rights to retirement pay or other pension for any office formerly held.

Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects:

The deprivation of the office, employment, profession or calling affected;
The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification.

Article 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. - The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.

Article 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. - The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence.

The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.

Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, 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.

Article 35. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking.

The court shall determine, according to its discretion, the period of duration of the bond.

Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.

Article 36. Pardon; its effect. - 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.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

Article 37. Cost; What are included. - Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.

Article 38. Pecuniary liabilities; Order of payment. - In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:

If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.
When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.
When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.
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 of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.
The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April 21, 1969).

Section Three. - Penalties in which other accessory penalties are inherent

Article 40. Death; Its accessory penalties. - The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon.

Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. - The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Article 42. Prision mayor; Its accessory penalties. - The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Article 43. Prision correccional; Its accessory penalties. - The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Article 44. Arresto; Its accessory penalties. - The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence.

Article 45. Confiscation and forfeiture of the proceeds or instruments of the crime. - Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

Chapter Four

APPLICATION OF PENALTIES

Section One. - Rules for the application of penalties to the persons criminally liable and for the graduation of the same.

Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.

Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony.

Article 47. In what cases the death penalty shall not be imposed. - The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:

When the guilty person be more than seventy years of age.
When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required.

Article 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

Article 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. - In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:

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 period.
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 period.
The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.

Article 50. Penalty to be imposed upon principals of a frustrated crime. - 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.

Article 51. Penalty to be imposed upon principals of attempted crimes. - 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 52. Penalty to be imposed upon accomplices in consummated crime. - The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony.

Article 53. Penalty to be imposed upon accessories to the commission of a consummated felony. - 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 54. Penalty to imposed upon accomplices in a frustrated crime. - The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.

Article 55. Penalty to be imposed upon accessories of a frustrated crime. - 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 56. Penalty to be imposed upon accomplices in an attempted crime. - 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 57. Penalty to be imposed upon accessories of an attempted crime. - The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony.

Article 58. Additional penalty to be imposed upon certain accessories. - Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.

Article 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. - When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.

Article 60. Exception to the rules established in Articles 50 to 57. - The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

Article 61. Rules for graduating penalties. - For the purpose of graduating the penalties which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed:

When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code.
When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose 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.
When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale.
When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period 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 above mentioned respective graduated scale.
When the law prescribes a penalty for a crime in some manner not especially 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.

TABULATION OF THE PROVISIONS OF THE CHAPTER

	Penalty Prescribe for the crime	Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime	Penalty to be imposed upon the principal in an attempted crime, the accessory in the consummated crime and the accomplices in a frustrated crime	Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crime	Penalty to be imposed upon the accessory in an attempted crime
First Case	Death	Reclusion Perpetua	Reclusion Temporal	Prision Mayor	Prision Correccional
Second Case	Reclusion Perpetua to Death	Reclusion Temporal	Prision Mayor	Prision Correccional	Arresto Mayor
Third Case	Reclusion Temporal in its maximum period to death	Prision Mayor in its maximum period to reclusion temporal in its medium period	Prision correccional in its maximum period to prision mayor in its medium period	Arresto Mayor in it's maximum period to prision correccional in its medium period	Fine and Arresto Mayor in its minimum and medium periods
Fourth Case	Prision Mayor in its maximum period to reclusion temporal in its medium period.	Prision correccional in its maximum period to prision mayor in its medium period.	Arresto mayor in its maximum period to prision correccional in its medium period.	Fine and Arresto Mayor in its minimum and medium periods	Fine.

Section Two. - Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency.

Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. - Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules:

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.
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 execution of the act or their cooperation therein.
Habitual delinquency shall have the following effects:
- (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;
- (b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
- (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.

Article 63. Rules for the application of indivisible penalties. - 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:

When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.
When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied.
When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied.
When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably 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 such compensation.

Article 64. Rules for the application of penalties which contain three periods. - In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances:

When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.
When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its minimum period.
When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.
When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight.
When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances.
Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period.
Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime.

Article 65. Rule in cases in which the penalty is not composed of three periods. - In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions.

Article 66. Imposition of fines. - 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 wealth or means of the culprit.

Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. - When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony.

Article 68. Penalty to be imposed upon a person under eighteen years of age. - When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:

Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed.
Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.

Article 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

Article 70. Successive service of sentence. - When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:

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,
Reclusion perpetua,
Reclusion temporal,
Prision mayor,
Prision correccional,
Arresto mayor,
Arresto menor,
Destierro,
Perpetual absolute disqualification,
Temporal absolute disqualification.
Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and
Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than three-fold 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 same 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. (As amended).

Article 71. Graduated scales. - In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 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.

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

SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,
4. Public censure,
5. Fine.

Article 72. Preference in the payment of the civil liabilities. - The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him, beginning with the first in order of time.

Section Three. - Provisions common in the last two preceding sections

Article 73. Presumption in regard to the imposition of accessory penalties. - Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict.

Article 74. Penalty higher than reclusion perpetua in certain cases. - In cases in which the law prescribes a penalty higher than another given penalty, without specially designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next higher penalty.

Article 75. Increasing or reducing the penalty of fine by one or more degrees. - 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, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional.

Article 76. Legal period of duration of divisible penalties. - The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties	Time	Time	Time	Time
	included in the penalty in its entirety	included in its minimum period	included in its medium period	included in its maximum
Reclusion temporal	From 12 years and 1 day to 20 years.	From 12 years and 1 day to 14 years and 8 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.
Prision mayor, absolute disqualification and special temporary 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.
Prision correccional, suspension 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.
Arresto mayor	From 1 month and 1 day to 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 77. When the penalty is a complex one composed of three distinct penalties. - In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum the next the medium, and the most severe the maximum period.

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

Chapter Five

EXECUTION AND SERVICE OF PENALTIES

Section One. - General Provisions

Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by virtue of a final judgment.

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 other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments and also for the correction and reform of the convicts.

Article 79. Suspension of the execution and service of the penalties in case of insanity. - When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.

If at any time the convict shall 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.

Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under sixteen years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his representatives, subject to such conditions as are prescribed hereinbelow until such minor shall have reached his majority age or for such less period as the court may deem proper. The court, in committing said minor as provided above, shall take into consideration the religion of such minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision of the religious sect or denomination to which they belong.

The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court every four months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent of public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall not, however, be affected by those contained herein.

If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person.

If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release.

In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him.

The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the municipality in which the offense was committed shall pay one-third of said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government: Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in accordance with section five hundred and eighty-eight of the Administrative Code.

Section Two. - Execution of principal penalties.

Article 81. When and how the death penalty is to be executed. - The death sentence shall be executed with reference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution.

Article 82. Notification and execution of the sentence and assistance to the culprit. - The court shall designate a working day for the execution but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the notification, but before sunset. During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants.

Article 83. Suspension of the execution of the death sentence. - The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.

Article 84. Place of execution and persons who may witness the same. - The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize.

Article 85. Provisions relative to the corpse of the person executed and its burial. - Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp.

Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. - The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.

Article 87. Destierro. - Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

Article 88. Arresto menor. - The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it.

Chapter One

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Article 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:

By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
By service of the sentence;
By amnesty, which completely extinguishes the penalty and all its effects;
By absolute pardon;
By prescription of the crime;
By prescription of the penalty;
By the marriage of the offended woman, as provided in Article 344 of this Code.

Article 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, 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. (As amended by RA 4661, approved June 19, 1966).

Article 91. Computation of prescription of offenses. - The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

Article 92. When and how penalties prescribe. - The penalties imposed by final sentence prescribe as follows:

Death and reclusion perpetua, in twenty years;
Other afflictive penalties, in fifteen years;
Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;
Light penalties, in one year.

Article 93. Computation of the prescription of penalties. - The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription.

Chapter Two

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Article 94. Partial Extinction of criminal liability. - Criminal liability is extinguished partially:

By conditional pardon;
By commutation of the sentence; and
For good conduct allowances which the culprit may earn while he is serving his sentence.

Article 95. Obligation incurred by person granted conditional pardon. - Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.

Article 96. Effect of commutation of sentence. - The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.

Article 97. Allowance for good conduct. - The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence:

During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behaviour.

Article 98. Special time allowance for loyalty. - A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.

Article 99. Who grants time allowances. - Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked.

Chapter One

PERSON CIVILLY LIABLE FOR FELONIES

Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly liable.

Article 101. Rules regarding civil liability in certain cases. - The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part.

Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.

Second. In cases falling within subdivision 4 of Article 11, 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 sound discretion, the proportionate amount for which each one shall be liable.

When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have 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 subdivisions 5 and 6 of Article 12, the persons using violence or causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution.

Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. - In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or 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 and vigilance over such goods. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees.

Article 103. Subsidiary civil liability of other persons. - The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.

Chapter Two

WHAT CIVIL LIABILITY INCLUDES

Article 104. What is included in civil liability. - The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:

Restitution;
Reparation of the damage caused;
Indemnification for consequential damages.

Article 105. Restitution; How made. - 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 requirements which, by law, bar an action for its recovery.

Article 106. Reparation; How made. - The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.

Article 107. Indemnification; What is included. - Indemnification for consequential damages 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.

Article 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same; Upon whom it devolves. - The obligation to make restoration or reparation for damages and indemnification for 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 109. Share of each person civilly liable. - If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond.

Article 110. Several and subsidiary liability of principals, accomplices and accessories of a felony; Preference in payment. - Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries 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 111. Obligation to make restitution in certain cases. - Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation.

Chapter Three

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Article 112. Extinction of civil liability. - Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.

Article 113. Obligation to satisfy civil liability. - Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason.

BOOK TWO

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One

CRIMES AGAINST NATIONAL SECURITY

Section One. - Treason and espionage

Article 114. Treason. - Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).

Article 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.

Article 116. Misprision of treason. - Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.

Article 117. Espionage. - The penalty of prision correccional shall be inflicted upon any person who:

Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or
Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

Section Two. - Provoking war and disloyalty in case of war

Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

Article 119. Violation of neutrality. - The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality.

Article 120. Correspondence with hostile country. - Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:

By prision correccional, if the correspondence has been prohibited by the Government;
By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and
By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death.

Article 121. Flight to enemy country. - The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.

Section Three. - Piracy and mutiny on the high seas or in Philippine waters

Article 122. Piracy in general and mutiny on the high seas. - The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.

Article 123. Qualified piracy. - The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances:

Whenever they have seized a vessel by boarding or firing upon the same;
Whenever the pirates have abandoned their victims without means of saving themselves; or
Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

Section One. - Arbitrary detention and expulsion

Article 124. Arbitrary detention. - Any public officer or employee who, without legal grounds, detains a person, shall suffer;

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days;
The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;
The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and
That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person.

Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).

Article 126. Delaying release. - The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.

Article 127. Expulsion. - The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.

Section Two. - Violation of domicile

Article 128. Violation of domicile. - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods.

Article 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. - In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.

Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality.

Section Three. - Prohibition, interruption and dissolution of peaceful meetings

Article 131. Prohibition, interruption and dissolution of peaceful meetings. - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Section Four. - Crimes against religious worship

Article 132. Interruption of religious worship. - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods.

Article 133. Offending the religious feelings. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.

Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Article 134. Rebellion or insurrection; How committed. - The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (As amended by R.A. 6968).

Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).

Article 135. Penalty for rebellion, insurrection or coup d'etat. - Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).

Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. - The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).

Article 137. Disloyalty of public officers or employees. - The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Article 138. Inciting a rebellion or insurrection. - The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Reinstated by E.O. No. 187).

Article 139. Sedition; How committed. - The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:

To prevent the promulgation or execution of any law or the holding of any popular election;
To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
To inflict any act of hate or revenge upon the person or property of any public officer or employee;
To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.

Article 140. Penalty for sedition. - The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Article 141. Conspiracy to commit sedition. - Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

Article 142. Inciting to sedition. - The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the (Government of the United States or the Government of the Commonwealth of the Philippines) or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187).

Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. - Crimes against legislative bodies and similar bodies

Article 143. Act tending to prevent the meeting of the Assembly and similar bodies. - The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. (Reinstated by E.O. No. 187).

Article 144. Disturbance of proceedings. - The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No. 187).

Section Two. - Violation of parliamentary immunity

Article 145. Violation of parliamentary immunity. - The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor.

Chapter Three

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146. Illegal assemblies. - The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph.

As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187).

Article 147. Illegal associations. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).

Chapter Four

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Article 148. Direct assaults. - Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed.

Article 149. Indirect assaults. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.

Article 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. - The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official.

Article 151. Resistance and disobedience to a person in authority or the agents of such person. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.

Article 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. - In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).

Chapter Five

PUBLIC DISORDERS

Article 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed.

Article 154. Unlawful use of means of publication and unlawful utterances. - The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;
Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;
Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or
Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.

Article 155. Alarms and scandals. - The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;
Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or
Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.

Article 156. Delivery of prisoners from jails. - The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period.

Chapter Six

EVASION OF SERVICE OF SENTENCE

Article 157. Evasion of service of sentence. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment.

However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period.

Article 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. - A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.

Article 159. Other cases of evasion of service of sentence. - The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

Chapter Seven

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Article 160. Commission of another crime during service of penalty imposed for another offense; Penalty. - Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

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

Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter One

FORGERIES

Section One. - Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive.

Article 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. - The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.

Article 162. Using forged signature or counterfeit seal or stamp. - The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article.

Section Two. - Counterfeiting Coins

Article 163. Making and importing and uttering false coins. - Any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers, shall suffer:

Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten centavo denomination or above.
Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below ten-centavo denomination.
Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).

Article 164. Mutilation of coins; Importation and utterance of mutilated coins. - The penalty of prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers.

Article 165. Selling of false or mutilated coin, without connivance. - The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.

Section Three. - Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities.

Article 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. - The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows:

By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has been falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands.

The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature.

By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same.
By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited document was issued by a foreign government.
By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.

Article 167. Counterfeiting, importing and uttering instruments not payable to bearer. - Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos.

Article 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. - Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles.

Article 169. How forgery is committed. - The forgery referred to in this section may be committed by any of the following means:

By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document.
By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

Section Four. - Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message.

Article 170. Falsification of legislative documents. - The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council.

Article 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

Counterfeiting or imitating any handwriting, signature or rubric;
Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
Making untruthful statements in a narration of facts;
Altering true dates;
Making any alteration or intercalation in a genuine document which changes its meaning;
Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.

Article 172. Falsification by private individual and use of falsified documents. - The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:

Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and
Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.

Article 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree.

Section Five. - Falsification of medical certificates, certificates of merit or services and the like.

Article 174. False medical certificates, false certificates of merits or service, etc. - The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon:

Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and
Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances.

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions.

Article 175. Using false certificates. - The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article.

Section Six. - Manufacturing, importing and possession of instruments or implements intended for the commission of falsification.

Article 176. Manufacturing and possession of instruments or implements for falsification. - The penalty of prison correctional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be imposed upon any person who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this Chapter. Any person who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that provided therein.

Chapter Two

OTHER FALSITIES

Section One. - Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.

Article 177. Usurpation of authority or official functions. - Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.

Article 178. Using fictitious name and concealing true name. - The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200 pesos.

Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.

Section Two. - False testimony

Article 180. False testimony against a defendant. - Any person who shall give false testimony against the defendant in any criminal case shall suffer:

The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;
The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua;
The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and
The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000 pesos.

Article 181. False testimony favorable to the defendants. - Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case.

Article 182. False testimony in civil cases. - Any person found guilty of false testimony in a civil case shall suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot be estimated.

Article 183. False testimony in other cases and perjury in solemn affirmation. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.

Article 184. Offering false testimony in evidence. - Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section.

Chapter Three

FRAUDS

Section One. - Machinations, monopolies and combinations

Article 185. Machinations in public auctions. - Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Article 186. Monopolies and combinations in restraint of trade. - The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market;
Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market;
Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, or imported merchandise or object of commerce is used.

If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the president and each one of its agents or representatives in the Philippines in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offense, shall be held liable as principals thereof.

Section Two. - Frauds in commerce and industry

Article 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. - The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed on any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the rest of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark.

Article 188. Subsisting and altering trade-mark, trade-names, or service marks. - The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon:

Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same;
Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-name or trade- mark has been fraudulently used in such goods as described in the preceding subdivision;
Any person who, in the sale or advertising of his services, shall use or substitute the service mark of some other person, or a colorable imitation of such mark; or
Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection with the sale or advertising of his services.

A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark.

A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising.

Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description. - The penalty provided in the next proceeding article shall be imposed upon:

Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do the same with a like purpose.
Any person who shall affix, apply, annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or representation and shall sell such goods or services.
Any person who by means of false or fraudulent representation or declarations orally or in writing or by other fraudulent means shall procure from the patent office or from any other office which may hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry respecting a trade-name, trade-mark or service mark.

Title Five

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Article 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine ranging from 300 to 1,000 pesos shall be imposed upon:

Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any prohibited drug.

"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine,

Indian hemp, their derivatives, and all preparations made from them or any of them, and such other drugs, whether natural or synthetic, having physiological action as a narcotic drug.

"Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use.

"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza, churruz, and ganjah embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival, from which the resin has not been extracted, including all other geographic varieties whether used as reefers, resin, extract, tincture or in any other form whatsoever.

By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habit-forming.

Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law.

Article 191. Keeper, watchman and visitor of opium den. - The penalty of arresto mayor and a fine ranging from 100 to 300 pesos shall be imposed upon:

Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used in any manner contrary to law; and
Any person who, not being included in the provisions of the next preceding article, shall knowingly visit any dive or resort of the character referred to above.

Article 192. Importation and sale of prohibited drugs. - The penalty of prision correccional in its medium and maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed upon any person who shall import or bring into the Philippine Islands any prohibited drug.

The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another prohibited drug.

Article 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug.

The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima facie evidence that its possessor has used said drug.

Article 194. Prescribing opium unnecessary for a patient. - The penalty of prision correccional or a fine ranging from 300 to 10,000 pesos, or both shall be imposed upon any physician or dentist who shall prescribe opium for any person whose physical condition does not require the use of the same.

Chapter One

GAMBLING AND BETTING

Article 195. What acts are punishable in gambling. - (a) The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon:

Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.
Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period.

(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or banker in a game of jueteng or any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place.

Article 196. Importation, sale and possession of lottery tickets or advertisements. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.

Article 197. Betting in sports contests. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests.

Article 198. Illegal betting on horse race. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom.

For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission.

Article 199. Illegal cockfighting. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon:

Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law.
Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.

Chapter Two

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.

Article 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. - The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon:

Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
(a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts;
Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969).

Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants:

Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling;
Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support;
Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes;
Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;
Prostitutes.

For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.

Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.

Chapter One

PRELIMINARY PROVISIONS

Article 203. Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

Chapter Two

MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. - Dereliction of duty

Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification.

Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification.

Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension.

Article 207. Malicious delay in the administration of justice. - The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice.

Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.

Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.

Section Two. - Bribery

Article 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine of not less than the value of the gift and] not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium period and a fine of not less than twice the value of such gift.

If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a fine of not less than the value of the gift and not less than three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985).

Article 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985).

Article 211-A. Qualified bribery. - If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As added by Sec. 4, RA No. 7659).

Article 212. Corruption of public officials. - The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles.

Chapter Three

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Article 213. Frauds against the public treasury and similar offenses. - The penalty of prision correccional in its medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who:

In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;
Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the following acts or omissions:
- (a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law.
- (b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.
- (c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied.

Article 214. Other frauds. - In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of the frauds or deceits enumerated in said provisions.

Article 215. Prohibited transactions. - The penalty of prision correccional in its maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction.

Article 216. Possession of prohibited interest by a public officer. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene.

This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate.

Chapter Four

MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Article 217. Malversation of public funds or property; Presumption of malversation. - Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.
The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos.
The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.
The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.

In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. (As amended by RA 1060).

Article 218. Failure of accountable officer to render accounts. - Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.

Article 219. Failure of a responsible public officer to render accounts before leaving the country. - Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.

Article 220. Illegal use of public funds or property. - Any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum misapplied.

Article 221. Failure to make delivery of public funds or property. - Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay.

This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery.

The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos.

Article 222. Officers included in the preceding provisions. - The provisions of this chapter shall apply to private individuals who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or property and to any administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual.

Chapter Five

INFIDELITY OF PUBLIC OFFICERS

Section One. - Infidelity in the custody of prisoners

Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished:

By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any penalty.
By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance.

Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary special disqualification.

Article 225. Escape of prisoner under the custody of a person not a public officer. - Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public officer.

Section Two. - Infidelity in the custody of document

Article 226. Removal, concealment or destruction of documents. - Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:

The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest.
The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification shall be imposed.

Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos.

Article 228. Opening of closed documents. - Any public officer not included in the provisions of the next preceding article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos.

Section Three. - Revelation of secrets

Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret 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 prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed.

Article 230. Public officer revealing secrets of private individual. - 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 arresto mayor and a fine not exceeding 1,000 pesos.

Chapter Six

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos.

Article 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. - 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 penalties of prision correccional in its minimum and medium periods and perpetual special disqualification.

Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.

Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office.

Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused.

Section Two. - Anticipation, prolongation and abandonment of the duties and powers of public office.

Article 236. Anticipation of duties of a public office. - Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from 200 to 500 pesos.

Article 237. Prolonging performance of duties and powers. - Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos.

Article 238. Abandonment of office or position. - Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of this Code, the offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.

Section Three. - Usurpation of powers and unlawful appointments

Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.

Article 240. Usurpation of executive functions. - Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction.

Article 242. Disobeying request for disqualification. - 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 punished by arresto mayor and a fine not exceeding 500 pesos.

Article 243. Orders or requests by executive officers to any judicial authority. - Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos.

Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos.

Section Four. - Abuses against chastity

Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed:

Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer;
Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification.

Chapter One

DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide

Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.

Article 247. Death or physical injuries inflicted under exceptional circumstances. - Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
In consideration of a price, reward, or promise.
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
With evident premeditation.
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.

Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. - When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.

Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.

Article 253. Giving assistance to suicide. - Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal.

However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.

Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.

Section Two. - Infanticide and abortion

Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.

Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:

The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Section Three. - Duel

Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.

The seconds shall in all events be punished as accomplices.

Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

Chapter Two

PHYSICAL INJURIES

Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:

The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;
The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged;
The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days;
The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.

Article 264. Administering injurious substances or beverages. - The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person.

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:

By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.
By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury.

Chapter One

CRIMES AGAINST LIBERTY

Section One. - Illegal Detention

Article 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

If the kidnapping or detention shall have lasted more than five days.
If it shall have been committed simulating public authority.
If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.
If the person kidnapped or detained shall be a minor, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.

Article 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos.

Article 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

Section Two. - Kidnapping of minors

Article 270. Kidnapping and failure to return a minor. - The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

Article 271. Inducing a minor to abandon his home. - The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

Section Three. - Slavery and Servitude

Article 272. Slavery. - The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.

If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period.

Article 273. Exploitation of child labor. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service.

Article 274. Services rendered under compulsion in payment of debt. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.

Chapter Two

CRIMES AGAINST SECURITY

Section One. - Abandonment of helpless persons and exploitation of minors.

Article 275. Abandonment of person in danger and abandonment of one's own victim. - The penalty of arresto mayor shall be imposed upon:

Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.
Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.
Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place.

Article 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.

Article 277. Abandonment of minor by person entrusted with his custody; indifference of parents. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.

The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit.

Article 278. Exploitation of minors. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon:

Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical strength, or contortion.
Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants.
Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any descendant of his under twelve years of age in such dangerous exhibitions.
Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period.

In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority.

Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

Article 279. Additional penalties for other offenses. - The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code.

Section Two. - Trespass to dwelling

Article 280. Qualified trespass to dwelling. - Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.

If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos.

The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.

Article 281. Other forms of trespass. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

Section Three. - Threats and Coercion

Article 282. Grave threats. - Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:

The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.

Article 283. Light threats. - Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

Article 284. Bond for good behavior. - In all cases falling within the two next preceding articles, the person making the threats 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 285. Other light threats. - The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:

Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense
Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
Any person who shall orally threaten to do another any harm not constituting a felony.

Article 286. Grave coercions. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon 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.

If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.

Article 287. Light coercions. - Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both.

Article 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) - The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee.

Article 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. - The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code.

Chapter Three

DISCOVERY AND REVELATION OF SECRETS

Article 290. Discovering secrets through seizure of correspondence. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof.

If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding 500 pesos.

The provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study, nor to spouses with respect to the papers or letters of either of them.

Article 291. Revealing secrets with abuse of office. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.

Article 292. Revelation of industrial secrets. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.

Chapter One

ROBBERY IN GENERAL

Article 293. Who are guilty of robbery. - Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery.

Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed.
The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767).
The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.
The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.
The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. - If the offenses mentioned in subdivisions three, four, and five of the next preceding article shall have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Article 296. Definition of a band and penalty incurred by the members thereof. - When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band. When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain circumstances. - When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code.

Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter.

Section Two. - Robbery by the use of force upon things

Article 299. Robbery in an inhabited house or public building or edifice devoted to worship. - Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if:

(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:

Through a opening not intended for entrance or egress.
By breaking any wall, roof, or floor or breaking any door or window.
By using false keys, picklocks or similar tools.
By using any fictitious name or pretending the exercise of public authority.

Or if -

(b) The robbery be committed under any of the following circumstances:

By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;
By taking such furniture or objects to be broken or forced open outside the place of the robbery.

When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the property taken does not exceed 250 pesos.

When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or building dedicated to religious worship, the penalties next lower in degree than those prescribed in this article shall be imposed.

Article 300. Robbery in an uninhabited place and by a band. - The robbery mentioned in the next preceding article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefor.

Article 301. What is an inhabited house, public building or building dedicated to religious worship and their dependencies. - Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building and having direct connection therewith.

The term "public building" includes every building owned by the Government or belonging to a private person not included used or rented by the Government, although temporarily unoccupied by the same.

Article 302. Robbery is an uninhabited place or in a private building. - Any robbery committed in an uninhabited place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property taken exceeds 250 pesos, shall be punished by prision correccional if any of the following circumstances is present:

If the entrance has been effected through any opening not intended for entrance or egress.
If any wall, roof, flour or outside door or window has been broken.
If the entrance has been effected through the use of false keys, picklocks or other similar tools.
If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.
If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed even if the same to broken open elsewhere.

When the value of the property takes does not exceed 250 pesos, the penalty next lower in degree shall be imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in said articles.

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said articles.

Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause have in his possession picklocks or similar tools especially adopted to the commission of the crime of robbery, shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith, he shall suffer the penalty of prision correccional in its medium and maximum periods.

Article 305. False keys. - The term "false keys" shall be deemed to include:

The tools mentioned in the next preceding articles.
Genuine keys stolen from the owner.
Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

Chapter Two

BRIGANDAGE

Article 306. Who are brigands; Penalty. - When more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence, they shall be deemed highway robbers or brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties, in which case, they shall suffer such high penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said persons are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period.

Article 307. Aiding and abetting a band of brigands. - Any person knowingly and in any manner aiding, abetting or protecting a band of brigands as described in the next preceding article, or giving them information of the movements of the police or other peace officers of the Government (or of the forces of the United States Army), when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands shall be punished by prision correccional in its medium period to prision mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven.

Chapter Three

THEFT

Article 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.

Theft is likewise committed by:

Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and
Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products.

Article 309. Penalties. - Any person guilty of theft shall be punished by:

The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.
The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.
The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos.
Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property stolen is over 50 pesos but does not exceed 200 pesos.
Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.
Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.
Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable.
Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.

Article 310. Qualified theft. - The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).

Article 311. Theft of the property of the National Library and National Museum. - If the property stolen be any property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the offender shall be punished by such higher penalty.

Chapter Four

USURPATION

Article 312. Occupation of real property or usurpation of real rights in property. - Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Article 313. Altering boundaries or landmarks. - Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100 pesos, or both.

Chapter Five

CULPABLE INSOLVENCY

Article 314. Fraudulent insolvency. - Any person who shall abscond with his property to the prejudice of his creditors, shall suffer the penalty of prision mayor, if he be a merchant and the penalty of prision correccional in its maximum period to prision mayor in its medium period, if he be not a merchant.

Chapter Six

SWINDLING AND OTHER DECEITS

Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means:

With unfaithfulness or abuse of confidence, namely:
- (a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.
- (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.
- (c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person.
By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
- (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
- (b) By altering the quality, fineness or weight of anything pertaining to his art or business.
- (c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.
- (d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)
- (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation.
Through any of the following fraudulent means:
- (a) By inducing another, by means of deceit, to sign any document.
- (b) By resorting to some fraudulent practice to insure success in a gambling game.
- (c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:

Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same.
Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.
The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person.
Any person who, to the prejudice of another, shall execute any fictitious contract.
Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor.
Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.

Article 317. Swindling a minor. - Any person who taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.

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, shall suffer the penalty of arresto mayor or a fine not exceeding 200 pesos.

Chapter Seven

CHATTEL MORTGAGE

Article 319. Removal, sale or pledge of mortgaged property. - The penalty or arresto mayor or a fine amounting to twice the value of the property shall be imposed upon:

Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns.
Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located.

Chapter Eight

ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Article 320. Destructive arson. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn:

Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the Government.
Any passenger train or motor vehicle in motion or vessel out of port.
In an inhabited place, any storehouse or factory of inflammable or explosive materials.

Article 321. Other forms of arson. - When the arson consists in the burning of other property and under the circumstances given hereunder, the offender shall be punishable:

By reclusion temporal or reclusion perpetua:
- (a) if the offender 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;
- (b) If the building burned is a public building and value of the damage caused exceeds 6,000 pesos;
- (c) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law, irrespective of the amount of the damage;
- (d) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceedings, irrespective of the amount of the damage; Provided, however, That if the evidence destroyed is to be used against the defendant for the prosecution of any crime punishable under existing laws, the penalty shall be reclusion perpetua;
- (e) If the arson shall have been committed with the intention of collecting under an insurance policy against loss or damage by fire.
By reclusion temporal:
- (a) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos;
- (b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6,000 pesos;
- (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire and the damage caused exceeds 6,000 pesos; and
- (d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused exceeds 6,000 pesos.
By prision mayor:
- (a) If the value of the damage caused in the case mentioned in paragraphs (a),
- (c), and (d) in the next preceding subdivision does not exceed 6,000 pesos;
- (b) If a building not used as a dwelling or place of assembly, located in a populated place, is set on fire, and the damage caused exceeds 6,000 pesos;
By prision correccional in its maximum period to prision mayor in its medium period:
- (a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds 1,000 pesos;
- (b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this article does not exceed 200 pesos.
By prision correccional in its medium period to prision mayor in its minimum period, when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in paragraph (a) of the preceding subdivision is set on fire; but when the value of such property does not exceed 200 pesos, the penalty next lower in degree than that prescribed in this subdivision shall be imposed.
The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos.
The penalty of prision correccional in its minimum and medium periods, if the damage caused in the case mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos.
The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage caused shall be imposed, when the property burned consists of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).

Article 322. Cases of arson not included in the preceding articles. - Cases of arson not included in the next preceding articles shall be punished:

By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50 pesos;
By arresto mayor in its maximum period to prision correccional in its minimum period, when the damage caused is over 50 pesos but does not exceed 200 pesos;
By prision correccional in its minimum and medium periods, if the damage caused is over 200 pesos but does not exceed 1,000 pesos; and
By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.

Article 323. Arson of property of small value. - The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed 25 pesos, committed at a time or under circumstances which clearly exclude all danger of the fire spreading, shall not be punished by the penalties respectively prescribed in this chapter, but in accordance with the damage caused and under the provisions of the following chapter.

Article 324. Crimes involving destruction. - Any person who shall cause destruction by means of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated, shall be punished by reclusion temporal if the commission has endangered the safety of any person, otherwise, the penalty of prision mayor shall be imposed.

Article 325. Burning one's own property as means to commit arson. - Any person guilty of arson or causing great destruction of the property belonging to another shall suffer the penalties prescribed in this chapter, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime.

Article 326. Setting fire to property exclusively owned by the offender. - If the property burned shall be the exclusive property of the offender, he shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period, if the arson shall have been committed for the purpose of defrauding or causing damage to another, or prejudice shall actually have been caused, or if the thing burned shall have been a building in an inhabited place.

Article 326-A. In cases where death resulted as a consequence of arson. - If death resulted as a consequence of arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles, the court shall impose the death penalty.

Article 326-B. Prima facie evidence of arson. - Any of the following circumstances shall constitute prima facie evidence of arson:

If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing.
That substantial amount of inflammable substance or materials were stored within the building not necessary in the course of the defendant's business; and
That the fire started simultaneously in more than one part of the building or locale under circumstances that cannot normally be due to accidental or unintentional causes: Provided, however, That at least one of the following is present in any of the three above-mentioned circumstances:
- (a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value of such building and/or goods at the time of the fire;
- (b) That the defendant after the fire has presented a fraudulent claim for loss.

The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).

Chapter Nine

MALICIOUS MISCHIEF

Article 327. Who are liable for malicious mischief. - Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

Article 328. Special cases of malicious mischief. - Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:

By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos;
By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and
By arresto menor, in such value does not exceed 200 pesos.

Article 329. Other mischiefs. - The mischiefs not included in the next preceding article shall be punished:

By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;
By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and
By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.

Article 330. Damage and obstruction to means of communication. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system.

Article 331. Destroying or damaging statues, public monuments or paintings. - Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court.

Chapter Ten

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Article 332. Persons exempt from criminal liability. - No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons:

Spouses, ascendants and descendants, or relatives by affinity in the same line.
The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and
Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.

Chapter One

ADULTERY AND CONCUBINAGE

Article 333. Who are guilty of adultery. - Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

Article 334. Concubinage. - Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.

Chapter Two

RAPE AND ACTS OF LASCIVIOUSNESS

Article 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

By using force or intimidation;
When the woman is deprived of reason or otherwise unconscious; and
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.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.

When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964).

Article 336. Acts of lasciviousness. - Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

Chapter Three

SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Article 337. Qualified seduction. - The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.

Article 338. Simple seduction. - The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

Article 339. Acts of lasciviousness with the consent of the offended party. - The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.

Article 340. Corruption of minors. - Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).

Article 341. White slave trade. - The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.)

Chapter Four

ABDUCTION

Article 342. Forcible abduction. - The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

Article 343. Consented abduction. - The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.

Chapter Five

PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. - The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes.

Article 345. Civil liability of persons guilty of crimes against chastity. - Person guilty of rape, seduction or abduction, shall also be sentenced:

To indemnify the offended woman.
To acknowledge the offspring, unless the law should prevent him from so doing.
In every case to support the offspring.

The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.

Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. - The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as principals.

Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification.

Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian.

Chapter one

SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Article 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. - The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties 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.

Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.

Article 348. Usurpation of civil status. - The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed.

Chapter Two

ILLEGAL MARRIAGES

Article 349. Bigamy. - The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

Article 350. Marriage contracted against provisions of laws. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.

Article 351. Premature marriages. - Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.

Article 352. Performance of illegal marriage ceremony. - Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.

Chapter One

LIBEL

Section One. - Definitions, forms, and punishment of this crime.

Article 353. Definition of libel. - A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Article 354. Requirement for publicity. - Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

A private communication made by any person to another in the performance of any legal, moral or social duty; and
A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.

Article 355. Libel means by writings or similar means. - A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Article 356. Threatening to publish and offer to present such publication for a compensation. - The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

Article 357. Prohibited publication of acts referred to in the course of official proceedings. - The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.

Article 358. Slander. - Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Article 359. Slander by deed. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Section Two. - General provisions

Article 360. Persons responsible. - Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.

The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof.

The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed simultaneously or separately with the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense: Provided, however, That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense or where the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law.

Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article.

No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party. (As amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965).

Article 361. Proof of the truth. - In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.

Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties.

In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.

Article 362. Libelous remarks. - Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

Chapter Two

INCRIMINATORY MACHINATIONS

Article 363. Incriminating innocent person. - Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor.

Article 364. Intriguing against honor. - The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.

Sole Chapter

CRIMINAL NEGLIGENCE

Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.

Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos.

A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four.

The provisions contained in this article shall not be applicable:

When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.
When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.

Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.

The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).

Article 366. Application of laws enacted prior to this Code. - Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission.

Article 367. Repealing Clause. - Except as is provided in the next preceding article, the present Penal Code, the Provisional Law for the application of its provisions, and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby repealed.

The provisions of the Acts which are mentioned hereunder are also repealed, namely:

Act 666, Sections 6 and 18.
Act 1508, Sections 9, 10, 11, and 12.
Act 1524, Sections 1, 2, and 6.
Act 1697, Sections 3 and 4.
Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.
Act 2381, Sections 2, 3, 4, 6, 8, and 9.
Act 2711, Sections 102, 2670, 2671, and 2672.
Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section 106.

And all laws and parts of laws which are contrary to the provisions of this Code are hereby repealed.

Approved: December 8, 1930

habeas.ph

Acts of Philippine Statutes

Acts of Philippine Statutes

ACT No. 3815

Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Title Two PERSONS CRIMINALLY LIABLE FOR FELONIES

Title Three PENALTIES

Title Four EXTINCTION OF CRIMINAL LIABILITY

Title Five CIVIL LIABILITY

Title Six CRIMES AGAINST PUBLIC MORALS

Title Seven CRIMES COMMITTED BY PUBLIC OFFICERS

Title Eight CRIMES AGAINST PERSONS

Title Nine CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Title Ten CRIMES AGAINST PROPERTY

Title Eleven CRIMES AGAINST CHASTITY

Title Twelve CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Title Thirteen CRIMES AGAINST HONOR

Title Fourteen QUASI-OFFENSES

Title Fifteen FINAL PROVISIONS