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T.HE.PENAL CODE. i...........                    '.
IN FORCE IN. THE: P HILIPPINES.
DIVISION OF CUSTOMS AND INSULAR AFFAIRS.
WAR DEPARTMENT.
June, 1900.


WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1900.
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TRANSLATION
OF
THE PENAL CODE
IN FORCE IN


THE PHILIPPINES.
>*. DIVISION OF CUSTOMS AND INSULAR AFFAIRS.
WAR DEPARTMENT.
June, 1900.
WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1900.
%,M:




A 993 54:
~ - C




CO)NTEIT S.
PAGE.
Royal decree -.....................................................    7
Boox I.-General provision regarding crimes and misdemeanors, the persons liable,
and the penalties.
TITLE I.-Crimes and misdemeanors, and circumstances which exempt from,
extenuate, or aggravate criminal liability.............................  9
Chapter I. Crimes and misdemeanors...................-...........    9
Chapter II. Circumstances which exempt from criminal liability....   10
Chapter III. Circumstances which extenuate criminal liability..........  12
Chapter IV. Circumstances which aggravate criminal liability...........  12
Chapter V. Provision common to the two preceding chapters..........  14
TITLE II.-Persons liable for crimes and misdemeanors......................  14
Chapter I. Persons criminally liable for crimes and misdemeanors.......  14
Chapter II. Persons civilly liable for crimes and misdemeanors.........  15
TITLE III.-Penalties...-........ --- ---—.. — --------—. --- —--—. --- —-  16
Chapter I.  Penalties in  general....-.... —........................ ----  16
Chapter II. Classification of penalties..................................  17
Chapter III. Duration and effect of penalties...-....-...-.. ---- - -—.  18
Section I. Duration of penalties................ -..................  18
Section II. Effects of penalties according to their respective nature..  18
Section III. Punishments which include other accessory penalties...  22
Chapter IV. The application of penalties...............................  23
Section I. Rules for the application of penalties to principals in a consummated crime, frustrated crime, and attempt, and to accomplices
and accessories therein.........................................  23
Section II. Rules for the application of penalties with regard to
extenuating and aggravating circumstances......................  26
Section III. Provisions common to the two preceding sections.......  28
Chapter V. Execution of penalties and their fulfillment.................  31
Section I. General provisions..................................-.  31
Section II. Principal penalties....................................  31
Section III. Accessory penalties...................................  34
TITLE IV.-Civil liability...3..................... -.-. —       34
TITLE V.-Penalties incurred by those who violate their sentences and those
who commit a new crime while serving a sentence -.. —. --- —------   35
Chapter I. Penalties incurred by those who violate their sentences -----  35
Chapter II. Penalties incurred by those who commit another offense after
having been condemned by final sentence, either before or while
serving  it...................................... -....................  36
TITLE VI.-Extinction of penal liability....................................  37
3




4


BoOK II.-Crimes and their penalties.
Page.
TITLE I. Crimes against the external security of the State...................  39
Chapter I. The crime of treason....................-........   39
Chapter II. Crimes that endanger the peace or independence of the State.  40
Chapter III., Crimes against international law...-............:......  42
Chapter IV. Crimes of piracy.........................................  42
Chapter V. Common provisions..................,.............   43
TITLE II.-Crimes against thefundamental laws of the State................   43
Chapter I. Crimes of lese majestY, against the Cortes, the council of ministers, and against the form of government.............................  43
Section  I. Crimes of lese majest..................................  43
Section II. Crimes against the Cortes and its members, and against
the council of ministers...................                 44
Section III. Crimes against the form of government..............  46
Section IV. Provisions common to the three preceding sections......  47
Chapter II. Crimes committed on the occasion of the exercise of the individual rights guaranteed by the constitution..........................  47
Section I. Crimes committed by individuals........................  47
Section II. Crimes committed by public officials -—.-.. ----. ---.  49
Section III. Crimes in cohnection with religion and worship. -.., —  55
Section IV. Provisions common to the three preceding sections......  56
TITLE III.-Crimes against public order....................................  56
Chapter I. Rebellion................          56
Chapter II. Sedition.............................
Chapter III. Provisions common to the two preceding chapters.....  58
Chapter IV. Criminal attempts against the authorities and their agents,
resistance and disobedience...................           59
Chapter V. Acts of disrespect, insults, acts of contumely, and threats
against authorities, and insults, acts of contumely, and threats against
their agents and other public officials................................  60
Chapter VI. Public disorders....................................    61
Chapter VII. Provisions common to the three preceding chapters...    62
TITLE IV.-Falsities and falsifications-...................   62
Chapter I. Falsification of the royal signature or stamp, the signature of
ministers, seals, and marks.......6...................................  62
Section I. Falsification of the royal signature or stamp and the signature of ministers....................................-.....-..  62
Section II. Falsification of seals and marks........................   62.Chapter II. Counterfeiting of money.................................  64
Chapter III. Falsification of bank notes, instruments of credit, stamped
paper, postage stamps, and other stamped articles whose sale is reserved
to the  State.................................................   65
Chapter IV. Falsification of documents...............................  66
Section I. Falsification of official and commercial documents and telegraphic dispatches.........................................  66
Section II. Falsification of private documents.......-............  67
Section III. Falsification of passports, cedulas of residence, and certificates....................................................  67
Chapter V. Provisions applicable to the four preceding chapters.........  68
Chapter VI. Fraudulent concealment of property or industry; false testimony and false accusation and denunciation.........................  69
Chapter VII. U!surpation of office, rank, and titles, and improper use of
names, dress, insignia, and decorations................................  71




5


Page
TITLE V.-Violation of the laws relating to interments, violation of sepulchers,
and offenses against public health..................................   72
Chapter I. Violation of laws relating to interment and violation of sepulchers.............................................                   72
Chapter II. Offenses against public health.............................  72
TITLE VI. —Gambling and raffles.....7.................-.......4.....     74
TITLE VII.-Offenses committed by public employees in the discharge of their
offices............-......-.-.....-.-.-.-.-. —....-.- — 74
Chapter I. Dereliction of duty.........................................  4
Chapter II. Faithlessness in the custody of prisoners.-..-......       76
Chapter III. Faithlessness in the custody of documents -.............. 76
Chapter IV. Violation of secrets.....................................  77
Chapter V. Disobedience and refusar of cooperation....................   77
Chapter VI. Anticipation, prolongation, and abandonment of public
duties..............-......................-7..................  8
Chapter VII. Usurpation of prerogatives and illegal appointments.......  79
Chapter VIII. Abuses against chastity................................  9
Chapter IX. Bribery.................................................    80
Chapter X. Misappropriation of public funds..........................  81
Chapter XI. Frauds and illegal exactions..............................   82
Chapter XII. Transactions forbidden public employees..........    83
Chapter XIII. General provisions.....................................    83
TITLE VIII.-Crimes against persons......................................  83
Chapter I. Parricide.................................................    83
Chapter II. Assassination......................................       83
Chapter III. Homicide.....................-......              84
Chapter IV. Provisions common to the three preceding chapters.....       84
Chapter V. Infanticide................................................  85
Chapter VI. Abortion................................................     85
Chapter VII. Personal injuries inflicted by violence (lesiones)...........  85
Chapter VIII. General provisions.....................................  87
Chapter IX. Dueling..........................................   87
TITLE IX.-Crimes against chastity........................................  89
Chapter I. Adultery.......................................   89
Chapter II. Rape (violaci6n) and abuse of chastity.....................  90
Chapter III. Crimes of public scandal......................          90
Chapter'IV. Seduction and corruption of minors........................   91
Chapter V. Abduction (rapto)........................................     91
Chapter VI. Provisions common to the preceding chapters..............    92
TITLE X.-Crimes against honor...........................................     93
Chapter 1. Calumny...............-.............................         93
Chapter II. Contumely...............................................  93
Chapter III. General provisions................................    94
TITLE XI.-Crimes against the civil status of persons........................  95
Chapter I. Fictitious representation of childbirth and usurpation of civil
status..................................................  95
Chapter II. Celebration of illegal marriages............................  95
TITLE XII.-Crilmes against liberty and security...........................   97
Chapter I. Unlawful detention........................................    97
Chapter II. Abduction of infants......................................   97
Chapter III. Abandonment of children and speculation in their work...-   98
Chapter IV. Forcible entry of dwellings...............................   99
Chapter V. Threats and acts of compulsion..............................  99
Chapter VI. Discovery and revelation of secrets.........................  100




6
Page.
TITLE XIII.-Crimes against property.....................................  101
Chapter I. Robbery.....-...........................-................   101
Chapter II. Theft................................-........ - -—.   104
Chapter III. Usurpation..-...........................................  105
Chapter IV. Frauds.............................................  105
Section I. Absconding and criminal failure and insolvency........   105
Section II. Swindles and other false pretenses......................  107
Chapter VI. Plots to alter the prices of things.......................... - -  109
Chapter VII. Pawnbroking establishments --.................... 110
Chapter VIII. Arson and other malicious destruction of property.......    110
Chapter IX. Damage to property......................... —.......           112
Chapter X. General provisions.........................-.    ----—.       113
TITLE XIV.-Reckless negligence...... — —. ----.....................  114
BOOK III.-Misdemeanors and their penalties.
TITLE I. —Misdemeanors against public order...............................  115
TITLE. II.-Misdemeanors against public interest and the government of towns.   117
TITLE III.-Misdemeanors against the person...............................  119
TITLE IV.-M    Iisdemeanors against property.................- -............... ----.  121
TITLE V.-Provisions common to all misdemeanors --—. --- —-—.... —.            123
Final provision............................       —.-....  -...........   124
Amendments and additions to Penal Code.................................  125
(Royal decree of September 12,1897.)
Appendix....................-.............................................  129




ROYAL DECREE.


By virtue of the authority vested in my Government by article 89
of the constitution of the Monarchy, upon the recommendation of
the colonial secretary and with the advice and consent of the council
of secretaries
I hereby decree the following:
ARTICLE 1. The Penal Code in force in the Peninsula and amended
by the codification commission of the Colonial Provinces shall be
published in the Philippine Islands and shall go into effect in the same
from the date which may be designated.
ART. 2. In the same manner and at the same time as said code there
shall be published and go into effect the provisional law of criminal
procedure which accompanies the same.
ART. 3. The Government will inform the Cortes of this decree.
Given at Gijon on September 4, 1884.
ALFONSO.
MANUEL AGUIRRE DE TEJADA,
Colonial Secretary.
7








PENAL CODE.
BOOK I.
GENERAL PROVISIONS REGARDING CRIMES AND MISDEMEANORS,
THE PERSONS LIABLE, AND THE PENALTIES.
TITLE I.
CRIMES AND MISDEMEANORS, AND CIRCUMSTANCES WHICH EXEMPT FROM,
EXTENUATE, OR AGGRAVATE CRIMINAL LIABILITY.
CHAPTER I.
CRIMES AND MISDEMEANORS.
ART. 1. Crimes or misdemeanors are voluntary acts and omissions
punished by law.
Acts and omissions punished by law are always presumed to be
voluntary unless the contrary shall appear.
Any person voluntarily committing a crime or misdemeanor shall
incur criminal liability, even though the wrongful act committed be
different from that which he had intended to commit.
ART. 2. In case a court should have knowledge of any act which it
considers proper to repress and which is not punished by law, it shall
abstain from any proceedings in the matter and shall state to the
Government the reasons which induce it to believe that the act should
be the object of penal legislation.
The court shall apply to the Government in the same manner, stating what may be proper without prejudice to immediately imposing
sentence, when a strict application of the provisions of the code would
result in an excessive penalty, taking into consideration the degree of
malice and the injury caused by the crime.
ART. 3. Not only is a consummated crime punishable, but also a
frustrated crime and an attempt.
A crime is frustrated when the guilty person performs all of the
acts of execution which should produce the crime as their consequence,
but nevertheless do not constitute it by reason of causes independent
of the will of the perpetrator.
9




10


There is an attempt when the guilty person makes a beginning in
the commission of a crime directly by overt acts, and does not perform all of the acts of execution which should constitute the crime by
reason of some cause or accident other than his own voluntary
desistance.
ART. 4. A conspiracy and proposition to commit a crime are punishable only in the cases in which the law specially makes them so.
There is a conspiracy when two or more persons act together for
the commission of a crime and decide to commit it.
There is a proposition when the person who has decided to commit
a crime proposes its execution to one or more persons.
ART. 5. Misdemeanors are punishable only when they have been
consummated.
Exception is made of frustrated misdemeanors against persons or
property.
ART. 6. Crimes are considered "grave" which the law punishes by
penalties which in any of their degrees are corporal.
Crimes are considered "less grave" which the law represses by
penalties which in-their maximum degree are correctional.
Misdemeanors are infractions for which the law establishes light
penalties.
ART. 7. Crimes which are punished by special laws are not subject
to the provisions of this code.
CHAPTER II.
CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY.
ART. 8. The following are not delinquent and are therefore exempt
from criminal liability:
1. An imbecile or lunatic, except when the latter has acted during a
lucid interval.
When the imbecile or lunatic may have committed an act which the
law defines as a "grave crime" the court shall order his confinement
in one of the asylums established for persons thus afflicted, which he
shall not be permitted to leave without the previous authorization of
the same court.
If the act committed by the imbecile or lunatic is defined by the law
as a "' less grave crime," the court, according to the attendant circumstances, shall proceed in accordance with the provisions contained in
the foregoing paragraph or turn over the imbecile or lunatic to his
family, if the latter give sufficient security for his custody.
2. A person under 9 years of age.
3. A person over 9 years of age and under 15 unless he has acted
with the exercise of judgment.




]1


The court shall make an express declaration with regard to this
point, in imposing a penalty or in declaring said person irresponsible.
When the minor is declared irresponsible, in accordance with the
provisions of this and of the preceding number, he shall be delivered
to his family with a charge to guard and educate him. In the absence
of a person to guard and educate him he shall be taken to a charitable
institution for the education of orphans and foundlings, and he shall not
leave said institution except at the time and under the conditions prescribed for its inmates.
4. He who acts in defense of his person or rights, provided there
are the following attendant circumstances:
(1) Illegal aggression.
(2) Reasonable necessity of the means employed to prevent or
repel it.
(3) Lack of sufficient provocation on the part of the person defending himself.
5. He who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural, or adopted brothers or
sisters, or of his relatives by affinity in the same degrees and those by
consanguinity within the fourth civil degree, provided the first and
second circumstances mentioned in the foregoing number are attendant, and provided that in case the party attacked first gave provocation,
the defender took no part therein.
6. He who acts in defense of the person br rights of a stranger,
provided the first and second circumstances mentioned in No. 4 are
attendant and that the defender is not actuated by revenge, resentment, or other illegal motive.        j
7. He who in order to avoid an injuW    performs an act that
causes damage to another's property, provide  e following circumstances are attendant:
(1) Should the injury sought to be avoided really exist.
(2) Should it be greater than that caused to avoid it.
(3) Should there be no other practicable and less injurious means to
prevent it.
8. He who, while performing a legal act with due care, causes some
injury by mere accident without liability or intention of causing it.
9. He who acts by compulsion of an irresistible force.
10. He who acts under the impulse of an uncontrollable fear of an
equal or greater injury.
11. He who acts in the fulfillment of a duty or in the legitimate
exercise of a right, trade, or office. (See addition, page 125.)
12. He who acts by virtue of obedience due another.
13. He who is guilty of an act of omission, being prevented by legitimate or insuperable causes.




12


CHAPTER III.
CIRCUMSTANCES WHICH EXTENUATE CRIMINAL LIABILITY.
ART. 9. The following are extenuating circumstances:
1. -Those mentioned in the preceding chapter, when all the requisites
necessary to exempt from criminal liability in the respective cases are
not attendant.
2. When the culprit is under 18 years of age.
3. When the delinquent had no intention of committing so grave an
injury as that which he inflicted.
4. When sufficient provocation or threat on the part of the injured
party immediately preceded the act.
5. When the act was committed in the immediate vindication of a
grave offense committed against the author of the crime, his spouse,
ascendants, decendants, his legitimate, natural, or adopted brothers or
sisters, or relatives by affinity in the same degrees.
6. When the act was committed in a state of intoxication, if the latter
were not habitual or subsequent to the plan to commit the crime.
The courts shall decide, in view of the circumstances of the persons
and of the acts, when intoxication is to be considered habitual.
7. When the person has acted under such powerful excitement as
would naturally produce entire loss of reason and self control.
8. And finally, any other circumstance of a similar nature and analogous to the foregoing ones.
CHAPTER IV.
CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY.
ART. 10. The following are aggravating circumstances:
1. When the injured person is the spouse or ascendant, descendant,
legitimate, natural, or adopted brother or sister, or relative by affinity
in the same degrees of the offender. This circumstance shall be taken
into consideration by the courts, qualifying it as aggravating or extenuating according to the character and effects of the crime.
2. When the act is committed with treachery.
There is treachery when the culprit commits any crime against
persons, employing means, methods, or forms in the execution thereof
which tend to directly and specially insure it without risk to the
person of the criminal arising from the defense the injured party
might make.
3. When the crime is committed in consideration of a price, reward,
or promise.
4. When it is committed by means of inundation, fire, poison,
explosion, stranding of a vessel or intentional damage, derailment of




13


a locomotive, or by the use of any other artifice involving great
destruction.
5. When the crime is committed by means of printing, lithography,
photography, or other similar means facilitating publicity.
Courts shall take this circumstance into consideration, qualifying it
as aggravating or extenuating according to the nature and effects of
the crime.
6. When the evil accomplished by the crime is deliberately increased
by causing other evils unnecessary for its execution.
7. When the act is committed with evident premeditation.
8. When craft, fraud, or disguise is employed.
9. When advantage is. taken of superior strength or means are
employed to weaken the defense.
10. When the act is committed with abuse of confidence.
11. When advantage is taken by the culprit of his public position.
12. When means are employed or circumstances brought about
which add ignominy to the natural effects of the act.
13. When the crime is committed on the occasion of a fire, shipwreck, or other calamity or misfortune.
14. When the crime is committed with the assistance of armed persons, or of persons who assure or provide immunity.
15. When it is committed at night, or in an uninhabited place, or by
a gang.
The courts shall take this circumstance into consideration according
to the nature and characteristics of the crime.
16. When the crime is committed in contempt of or with insult to
the public authorities.
17. When the culprit has been previously punished for a crime for
which the law fixes an equal or greater penalty, or for two or more
crimes for which it fixes a lighter penalty.
This circumstance shall be taken into consideration by the courts
according to the circumstances of the delinquent and the nature and
effects of the crime.
18. When he is a recidivist.
A recidivist is the culprit who, being found guilty of one crime,
should have been sentenced for another crime included in the same
title of the code.
19. When the crime is committed in a sacred place, in the palace of
the governor-general, or in the presence of the latter, or where public
authorities are engaged in the discharge of their duties.
20. When the act is committed with insult or in disregard for the
respect which may be due the aggrieved party on account of his rank,
age, or sex, or when it is committed in his dwelling, if he has not given
provocation.
21. When the act is committed by wrongful entry.




14


Wrongful entry is such as is effected through any way not intended
for the purpose.
22. When it is committed by breaking through a wall, roof, or
floor, or by forcing doors or windows.
23. When the culprit is a vagrant.
By a vagrant is understood a person who possesses no property or
income, does not habitually exercise any profession, art, or trade, and
has no employment, office, industry, lawful occupation, or any other
legitimate or known means of earning a livelihood, even though he
may be married and have a fixed domicile.
24. When the act is committed by the use of arms prohibited by
the regulations.
CHAPTER V.
PROVISION COMMON TO THE TWO PRECEDING CHAPTERS.
ART. 11. The circumstance of the culprit being a native, mestizo, or
Chinese shall be taken into consideration by the judges and courts for
the purpose of increasing or reducing the penalties according to the
degree of respective intention, the nature of the act, and the conditions of the person offended, which shall be left to the judgment of
the. former.
TITLE II.
PERSONS LIABLE FOR CRIMES AND MISDEMEANORS.
CHAPTER 1.
PERSONS CRIMINALLY LIABLE FOR CRIMES AND MISDEMEANORS.
ART. 12. The following are criminally liable for crimes:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for misdemeanors:
1. Principals.
2. Accomplices.
ART. 13. The following are considered as principals:
1. Those who take a direct part in the execution of the act.
2. Those who directly force or induce others to execute it.
3. Those who cooperate in the execution of the act by another act
without which it could not have been accomplished.
ART. 14. Accomplices are those persons who, not being included in
article 13, cooperate in the execution of the act by other previous or
simultaneous acts.
ART. 15. Accessories are those who, having knowledge of the commission of the crime, and without having participated therein either




15


as principals or accomplices, subsequently take part in its execution
in any of the following manners:
1. By themselves making profit or by assisting the delinquents to
profit by the effects of the crime.
2. By concealing or rendering useless the body, effects, or instruments of the crime in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the culprit,
provided any of the following circumstances are attendant:(1) When the accessory takes advantage of any public office he may
be holding.
(2) When the delinquent is guilty of treason, regicide, parricide,
assassination, attempt against the life of the governor-general, or
known to be an habitual criminal in any other crime.
ART. 16. Those who are accessories of their spouses, ascendants,
descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity in the same degrees, are exempt from the penalties
imposed upon accessories, with the only exception of such accessories
who may be included in No. 1 of the preceding article.
CHAPTER II.
PERSONS CIVILLY LIABLE FOR CRIMES AND MISDEMEANORS.
ART. 17. Every person criminally liable for a crime or misdemeanor
is also civilly liable.
ART. 18. The exemption from criminal liability declared in Nos. 1,
2, 3, 7, and 10 of article 8 does not include exemption from civil liability, which shall be enforced subject to the following rules:
(1) In cases 1, 2, and 3, the persons who are civilly liable for acts
committed by a lunatic or imbecile, or a person under 9 years of age,
or over this age and under 15, who has not acted with the exercise of
judgment, are those who have them under their authority, legal
guardianship, or power, unless they prove that there was no blame or
negligence on their part.
Should there be no person having them under his authority, legal
guardianship, or power, or if such person be insolvent, the said lunatics, imbeciles, or minors shall answer with their own property, excepting that part which is exempted for their support in accordance with
the civil law.
(2) In the case of No. 7, those persons are civilly liable from whom
the injury was warded off in proportion to the benefit they may have
derived.
The court shall fix, according to its judgment, the proportional
amount for which each interested party shall he liable.
When the respective amounts can not be equitably apportioned
even approximately, or when the liability extends to the State or the




16


greater part of a town, and in any case, if the damage were caused
with the assent of the authorities or their agents, indemnity shall be
made in the manner prescribed by special laws and regulations.
(3) In the case of No. 10, those who caused the fear shall be principally liable, and subsidiarily, in the absence of the former, those who
committed the act, reserving with regard to the latter the benefit of
competency.
ART. 19. Innkeepers, tavern keepers, and any other persons or
enterprises shall be civilly liable, in the absence of persons criminally
so. for crimes committed within their establishments, whenever any
infraction of general or special police regulations by them or their
employees may have occurred.
Innkeepers are furthermore subsidiarily liable for the restitution
of effects robbed or stolen within their houses from persons who are
stopping therein, or for the indemnificationof said goods, provided the
persons have notified in advance either the innkeeper himself or the
person representing him of the deposit of said effects in the inn, and
provided furthermore, that they have heeded the warnings that said
innkeepers or their substitutes may have given them with regard to
the care and vigilance of their effects. There shall be no liability in
case of robberv by violence or intimidation of persons except it be
committed by the employees of the inn.
ART. 20. The subsidiary liability established in the preceding article
shall also apply to masters, teachers, persons, and enterprises engaged
in any kind of industry for crimes and misdemeanors committed by
their servants, pupils, officers, apprentices, or employees in the discharge of their obligations or service.
TITLE III.
PENALTIES.
CHAPTER I.
PENALTIES IN GENERAL.
ART. 21. No crime or misdemeanor shall be punished by a penalty
which was not established by law prior to its commission.
ART. 22. Penal laws shall have a retroactive effect in so far as they
favor the person guilty of a crime or misdemeanor, even though at
the time of the publication of said laws a final sentence should have
been pronounced and the convicted person is serving his sentence.
ART. 23. The pardon of the offended party does not extinguish a
penal action. This is not understood with regard to crimes which can
not be prosecuted without the previous denunciation or consent of the
injured party.
Civil liability with regard to the interests of the party condoning an
offense is extinguished by his express renunciation.




17
ART. 24. The following shall not be considered as penalties:
1. Detention and temporary confinement of the accused persons.
2. Suspension from public employmnnt or office ordered during
proceedings or in order to institute them.
3. Fines and other corrections which, in the use of their administrative or disciplinary powers, superiors may impose upon their
subordinates or upon those under their direction.
4. Deprivation of rights, and reparations, which the civil laws may
establish in penal form.
CHAPTER II.
CLASSIFICATION OF PENALTIES.
ART. 25. The penalties which may be imposed according to this code,
and their different classes, are those included in the following general
scale:
Corporal poenwties. —Death; cadena perpetua; reclutic6Ln peripetual;
relegacion perpetua; perpetual expulsion; cadena tenmporal; irclusimn
temporal; relegacio'n temporal; temporary expulsion; presidio in ayor;
prision mayor; confinamiento; perpetual absolute disqualification; temporary absolute disqualification; perpetual special disqualification from
public office, the right of suffrage, active and passive, and from the
exercise of a profession or trade; temporary special disqualification
from a public office, the right of suffrage, both active and passive, and
from the exercise of a profession or trade.
Correctional penalties. -Presidio correccional; prision crweccional;
banishment; public censure; suspension from public office, active and
passive right of suffrage, and from the exercise of a profession or
trade; arresto vmayor.
Light penalties.-A-rresto menor; private censure.
Penalties common to the t    preceding classes.-Fine; caution.
Accessory penalties.-Degradation; civil interdiction; subjection to
the surveillance of the authorities; forfeiture or confiscation of the
instruments and proceeds of the crime; payment of costs.
ART. 26. A fine when imposed as the principal penalty shall be considered as a corporal penalty if it exceeds 6,250 pesetas; as correctional if it does not exceed 6,250 and is not less than 325 pesetas, and
light if it does not amount to 325 pesetas.
ART. 27. The penalties of disqualification and suspension from public office and the right of suffrage are accessory in those cases when,
not being specially imposed by law, it declares that other penalties
shall include them.
Costs of proceedings are understood to be imposed by law upon
those criminally liable for any crime or misdemeanor.
1570 -2




18


CHAPTER III.
DURATION AND EFFECT OF PENALTIES.
SECTION 1. —Daration of penalties.
ART. 28. Persons condemned to cadenas, reclusion, and relegacion
cprpetuas or to perpetual expulsion shall be pardoned after having
served thirty years of their sentence, unless on account of their conduct or for other serious reasons they shall not be worthy of pardon
in the opinion of the Government.
The penalties of cadeac, reclusion, and relegacion temporales and
temporary expulsion shall last from twelve years and one day to
twenty years.
Those of presidio andpris on mayores and confinamiento shall last
from six years and one day to twelve years.
Those of temporary absolute and temporary special disqualification
shall last from six years and one day to twelve years.
Those of presidio correccional and 2rision correccional shall last from
from six months and one day to six years.
That of suspension shall last from one month and one day to six
years.
That of arresto mayor shall last from one month and one day to six
months.
That of arresto mcenor shall last from one to thirty days.
That of caution shall last the time the court may determine.
ART. 29. The provisions of the preceding article shall not apply to
penalties imposed as accessory to others, in which case the accessory
penalties shall have the duration respectively prescribed by law.
ART. 30. When the guilty person is imprisoned the duration of the
temporary penalties shall commence from the day on which the condemnatorv sentence was made final.
When the guilty person may not be imprisoned, the duration of
penalties consisting in deprivation of liberty shall commence as soon
as said person is at the disposal of the judicial authorities in order to
serve his sentence.
The duration of the penalties of expulsion, confinamiento, and banishment shall commence only from the day on which the guilty person
commenced to serve his sentence.
If the guilty person should enter an appeal and it is refused, he
shall not be allowed the time that has elapsed between the sentence
appealed from and the one rejecting the appeal.
SECTION II.-Effects of penalties according to their respective nature.
ART. 31. The penalty of perpetual absolute disqualification shall
produce the following effects:
1. The deprivation of the person punished of all honors which he




19
may be enjoying and of all public employments and offices which he
may be holding, even though the latter come from popular election.
2. The deprivation of the rights to vote and to be elected to public
offices of popular election.
3. The disqualification to acquire the honors, offices, employments,
and rights mentioned.
4. The loss of all right to retirement with pay, suspension with
part pay, or any other pension for offices he may have previously
filled, without prejudice to the pension for support the Government
may grant him as a reward for distinguished services.
Under this provision are not included rights already acquired at
the time of the condemnation by the widow or children of the person
punished.
ART. 32. The penalty of temporary absolute disqualification shall
produce the following effects:
1. The deprivation of the person sentenced of all honors he may
be enjoying and of all public employment and offices which he may
be holding, although the latter be filled by popular election.
2. The deprivation of the right of voting and being elected to pub
lic office by popular election during the term of the sentence.
3. The disqualification of acquiring the honors, employments, offices,
and rights mentioned in No. 1 likewise during the term of the sentence.
ART. 33. Perpetual special disqualification from public office shall
produce the following effects:
1. The loss of the office or employment which it affects and of the
honors attached thereto.
2. Disqualification to acquire other similar ones.
ART. 34. Perpetual special disqualification from the right of suffrage shall perpetually deprive the person punished of the right to
vote and being elected to the elective public office in question.
ART. 35. Temporary special disqualification for a public office shall
produce the following effects:
1. Loss of the office or employment which it affects, as well as the
honors attached thereto.
2. Disqualification to acquire other similar offices or employments
during the term of the sentence.
ART. 36. Temporary special disqualification for the right of suffrage
shall deprive the person punished of the right of voting and being
elected during the term of sentence for the popular elective office
affected by the sentence.
ART. 37. Suspension from a public office shall disqualify the person
punished from exercising the same and from obtaining other similar
offices during the term of the sentence.
ART. 38. Suspension from the right of suffrage shall likewise disqualify the person for the exercise thereof during the term of the
sentence.




20
ART. 39. When an ecclesiastical person is sentenced to the penalty
of disqualification in any of its classes or to that of suspension, the
effects thereof shall be limited, respectively, to the offices, rights, or
honors which he does not derive from the church and to the salary
to which he is entitled by reason of his ecclesiastical office.
ART. 40. Perpetual special disqualification for a profession or trade
shall perpetually deprive the person punished of the privilege to
exercise the same.
Temporary disqualification therefor shall deprive him in the same
manner during the term of the sentence.
ART. 41. Suspension from the exercise of a profession or trade shall
produce the same effects as temporary disqualification during the term
of the sentence.
ART. 42. Civil interdiction shall deprive the person punished as long
as he suffers it, of the rights of parental authority, guardianship of
person or property, participation in the family council, marital authority, the administration of property, and the right to dispose of his own
property by acts inter ivos. Those cases are excepted in which the
law explicitly limits its effects.
ART. 43. Subjection to the surveillance of the authorities imposes
the following obligations on the persons punished:
1. That of fixing his domicile and giving notice thereof to the
authority immediately in charge of his surveillance, not being allowed
to change it without the knowledge and permission of said authority
in writing.
2. To observe the rules of inspection prescribed.
3. To adopt some trade, art, industry, or profession, should he not
have known means of subsistence of his own.
Whenever a person punished is placed under the surveillance of
the authorities, notice thereof shall be given to the Government and
to the Governor-General.
ART. 44. The penalty of caution shall oblige the person punished to
secure a sufficient bondsman, who shall guarantee that said person will
not commit the injury which it is endeavored to prevent, otherwise
binding himself to pay the sum which the court may have fixed in the
sentence.
The court shall fix the term of the bond in its discretion.
If the person punished should not furnish bond, he shall incur the
penalty of banishment.
ART. 45. Persons sentenced to the penalties of disqualification for
public offices, for the right of suffrage, or for a profession or trade,
perpetually or temporarily, may be rehabilitated in the form prescribed by law.
ART. 46. A pardon shall not produce rehabilitation for the discharge
of public office and for the exercise of the right of suffrage, unless
said rehabilitation be specially granted in the pardon.




21


ART. 47. Costs shall include fees and indemnifications incurred in
judicial proceedings, whether consisting of fixed or unalterable
amounts, by reason of being previously fixed by laws, regulations, or
royal orders, or not fixed by any schedule.
ART. 48. The amount of fees and indemnifications not previously fixed
in the terms prescribed in the preceding article, shall be fixed by the
court in the manner established by the law of Criminal Procedure.
ART. 49. In case the property of the person punished should not
be sufficient to cover all the pecuniary liabilities, they shall be satisfied in the following order:
1. Reparation of the injury caused and indemnification of damages.
2. Indemnification to the State for the amount of stamped paper
and other expenses which may have been incurred on his account in
the cause.
3. The costs of the private accuser.
4. Other costs of procedure, including those of the defense of the
person prosecuted, without preference among the persons interested.
5. The fine.
Should the crime have been of those which can be prosecuted only
at the instance of a party, the costs of the private accuser shall be
satisfied in preference to the indemnification to the State.
ART. 50. If the person sentenced should not have property to satisfy
the pecuniary liabilities included in Nos. 1, 3, and 5 of the preceding
article, he shall be subject to a subsidiary personal liability at the rate
of one day for every 121 pesetas, according to the following rules:
1. If the principal penalty imposed is to be undergone by the criminal confined in a penal institution, he shall continue therein, although
said detention can not exceed one-third of the term of the sentence,
and in no case can it exceed one year.
2. If the principal penalty imposed is not to be undergone by the
criminal in a penal institution and its duration is fixed, he shall continue subject, for the time mentioned in the preceding.article, to the
same deprivations of which said penalty must consist.
3. If the principal penalty imposed should be a censure, fine, or
caution, the insolvent guilty person shall be confined in the district
jail for a term which can not exceed six months in any case, should he
have been prosecuted for a crime, or fifteen days should he have been
prosecuted for a misdemeanor.
ART. 51. The subsidiary personal liability on account of insolvency
shall not be imposed upon the person condemned to a penalty higher
in the general scale than that of presidio correccional.
ART. 52. The personal liability which the criminal may have incurred
by reason of insolvency shall not exempt him from the reparation of
the injury caused and indemnification of damages if his pecuniary circumstances should improve; but it shall exempt him from the other
pecuniary liabilities included in Nos. 3 and 5 of article 49.




22 -

SECTION III.-Puni2Ahments which include other accessory penalties.
ART. 53. The death penalty, when it is not carried out because the
criminal has been pardoned, shall include perpetual absolute disqualification and subjection of the criminal to the surveillance of the authorities for the term of his life, unless said accessory penalty has been
specially remitted in the pardon.
ART. 54. The penalty of cadena perpetua shall include the following
accessory penalties:
1. Degradation, il case the principal penalty of cadena pecrpetua is
imposed upon a public official by reason of abuse committed in the
exercise of his office, if said office is one of those which confer a
permanent character.
2. Civil interdiction.
3. Subjection to the surveillance of the authorities during the life
of the person punished.                  A
Even though the latter should obtain pardon from the principal
penalty, he shall suffer that of perpetual absolute disqualification and
subjection to the surveillance of the authorities during his life, unless
this accessory penalty has been remitted in the pardon of the principal
one.
ART. 55. The penalties of reclusion perpetua, relegacidn perpetua,
and perpetual expulsion shall include that of perpetual absolute disqualification and subjection to the surveillance of the authorities
during the life of the person punished, said accessory penalties being
suffered by the latter even though he may have been pardoned as to
the principal one, if they have not been remitted in the pardon.
ART. 56. The penalty of cadeza temporal shall include the following
accessory penalties:
1. Civil interdiction of the person punished during the term of
the sentence.
2. Perpetual absolute disqualification.
3. Subjection to the surveillance of the authorities during the life
of the person punished.
ART. 57. The penalty of p2residio e mayor shall include those of absolute temporary disqualification and subjection to the surveillance of
the authorities for a term equal to that of the principal punishment,
which shall begin to be counted from the date of the fulfillment of the
same.
ART. 58. The penalty of presidio correcciozal shall include suspension from any public office, profession, trade, or from the right of
suffrage.
ART. 59. The penalties of reclusidn temporal, relegacin temporal
and temporary expulsion shall include temporary absolute disqualification during their term and subjection to the surveillance of the




23


authorities during the term of the sentence and as long again. which
shall be counted from the time the sentence is fulfilled.
ART. 60. The penalty of confinamiento shall include that of temporary absolute disqualification and subjection to the surveillance of
the authorities during the term of the sentence and as much again,
which shall begin to be counted from the completion of the former.
ART. 61. The penalties of prision mayor and prision conrecconal
and arresto mayor shall include suspension from any office, and from
the right of suffrage during the term of the sentence.
ART. 62. Every penalty which may be imposed for a crime shall
include the forfeiture of the proceeds of the crime and of the instruments used in its execution.
Both shall be confiscated, unless they belong to a third party who is
not responsible for the crime.
Things thus confiscated shall be sold, if they are of licit commerce,
the proceeds thereof being applied to cover the liabilities of the person
punished, or shall be rendered useless if they are illicit.
CHAPTER IV.
THE -APPLICATION OF PENALTIES.
SECTION I.-.Rules for' the application of penalties to principal.s in, a
consummated crime, frustrated crime, and attempt; and to accnmplices and accessories thereto.
ART. 63. Upon the principals in a crime or misdemeanor the penalty shall be imposed which has been prescribed by the law for said
crime or misdemeanor.
Whenever the law shall establish the penalty for a crime in general
terms, it shall be understood as being imposed upon the consummated
crime.
ART. 64. In cases in which the crime committed is different from
that which the culprit had intended to commit, the following rules
shall be observed:
1. If th| penalty prescribed for the accomplished crime should be
higher than that corresponding to the crime which the culprit had
intended to commit, the penalty corresponding to the second shall be
imposed on the culprit in its maximum degree.
2. If the penalty prescribed for the accomplished crime should be
lower than that prescribed for the one which the culprit had intended
to commit,the penalty corresponding to the former shall be imposed
on him, also in its maximum degree.
3. The piovisions of the preceding rule shall not be applicable if
the acts committed by the culprit should constitute, besides, an attempt
to commit another crime or another frustrated crime, if the law should




24


punish these acts with a higher penalty, in which case that corresponding to the attemplt or frustrated crime shall be imposed in its maximum
degree.
ART. 65. Upon the principals in a frustrated crime shall be imposed
the penalty next lower in degree than that prescribed by the law for
the consummated crime.
The same rule shall be observed regarding the principals in frustrated misdemeanors.
ART. 66. Upon the principals in an attempt to commit a crime shall
be imposed a penalty lower by two degrees than that prescribed by law
for the consummated crime.
ART. 67. Upon the accomplices in a consummated crime shall be
imposed the penalty next lower in degree than that prescribed by law
for the consummated crime.
ART. 68. Upon the accessories in a consummated crime shall be
imposed the penalty lower by two degrees than that prescribed by law
for the consummated crime.
AiT. 69. Upon the accomplices in a frustrated crime shall be
imposed the penalty next lower in degree than that prescribed by law
for the frustrated crime.
ART. 70I. Upon the accessories in a frustrated crime shall be
imposed the penalty lower by two degrees than that prescribed by law
for the frustrated crime.
ART. 71. Upon the accomplices in an attempt to commit a crime
shall be imposed the penalty next lower in degree than that prescribed
by law for the attempt to commit the crime.
ART 72. Upon the accessories in an attempt to commit a crime
shall }be imposed the penalty lower by two degrees than that prescribed
by law for the attempt to commit the crime.
ART. 73. There are excepted from the provisions of articles 68, 70,
and 72 the accomplices mentioned in number 3 of article 14, in whose
cases the first circumstance mentioned in said number is attendant,
upon whom the penltty of perpetual special disqualification shall be
imposed, if the delinquent harbored should have been guilty of a grave
crime, and that of temporary special disqualification if he should have
been guilty of a less grave crime.
ART. 74. The general provisions contained in articles 65 to 72,
inclusive. shall not ble applicable to cases in which the frustrated
crime, the attempt, the complicity, or the participation after the fact
(I((;ci,,i; 1  7;^r tJo) are specially penalized by law.
Awr. 75. In order to graduate the penalties which, in accordance
with the provisions of articles 65 to 72, inclusive, should be imposed
on the principals ii a frustrated crime and in an attempt to commit
crime, and upon the ac(complices and accessories, the following rules
shall,e o),served:
1. When the penalty prescribed for the crime is a single and indi



25


visible one, the penalty " next lower" shall be that following in number
the indivisible penalty in the respective graduated scale.
2. When the penalty prescribed for the crime is composed of two
indivisible penalties, or of one or more divisible penalties imposed to
their full limit, the penalty "next lower" shall be that which follows
in number the lesser of the penalties imposed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum degree of another divisible
penalty, the penalty " next lower" shall consist of the medium and minimum degrees of the said divisible penalty and the maximum degree of
that following in number in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of various degrees, corresponding to several divisible penalties, that " next
lower" shall consist of the degree that follows the minimum of those
constituting the penalty imposed, and of the two others next immediate,
which will be taken from the penalty imposed, if it should have any,
and otherwise from the penalty following in number in the respective
graduated scale.
5. When the law prescribes the penalty for the crime in a form not
specially mentioned in the four preceding rules, the courts, proceeding by analogy, shall impose the penalties corresponding to principals,
accomplices, and accessories in a frustrated crime and in an attempt
to commit a crime.
ART. 76. When the penalty prescribed by law for a crime should be
included in two scales, the graduation prescribed in the preceding
article shall be made according to the scale which includes the penalties by which are punished the greater part of the crimes referred to
in the section, chapter, or title in which the crime is contained.
Demonstrative table of the provisions of this chapter.
_;Penalty prescribed
for the crime.


Penalty pertaining
Penalty pertaining  to the principal  Penalty prinin
to the principal in a in an attempt at con- tonanaccesrn  Slenalty pertaining
frustrated crime,  summated crime, oac        -  l to accessory in
and the accomplice  accessory in the  an frtrated   attempt to commnit
in a-consummated same crime, and ac-I *nd accomp       a crime.
crime.        complices in a    n a attempt.
frustrated crime. i


I


First case, death...
Second case, c adena perpetua to
death.
Third case, cadela
temporal in its
maximum degree to death.
Fourth case, presidio mayor in
its maximum degree to cadena
temporal in its
medium degree.


Cadeta perpetua....
Cadena temporal....
Presidio mayor in
its maximum degree to cadena
temporal in  its
medium degree.
Presidio correccional in its maximum degree to
presidio mayor in
its medium degree.


Cadena temporal.. - Presidio mayor.... Presidio correc1,   cional.
Presidio mayor.....  Pre sid i o crorree-,Arresto mayor.
cional.
Presidio    correc-  Arresto mayor in  Fine and arresto
cional in its max-  its  maximum      mayor in its
imum degree to      degree to pre-    minimum     and
presidio mayor I    sidio    correc-  medium      dein its medium de-   cional in its me-  grees.
gree.               dium degree.
Arresto mayor in    Fine and arresto   Fine.
its maximum de-     mayor in   its
gree to presidio    minimum    and
correccional in its  m edium   demedium degree.      grees.


-.




26


SECTION II. —Rles for the application of penalties wl'th regard to
exteuiating and aggravatiny circturnstances.
ART. 77. Extenuating or aggravating circumstances shall be taken
into consideration in reducing or increasing the penalty in the cases,
and in accordance with the rules prescribed in this section.
ART. 78. Aggravating circumstances which in themselves constitute
a crime specially punished by law, or which the law has mentioned in
describing and penalizing it, shall not have the effect of increasing a
penalty.
Nor shall this effect be produced by aggravating circumstances that
are inherent in such manner to-the crime that without the attendance
thereof the crime could not be committed.
ART. 79. The aggravating or extenuating circumstances that consist
in the moral condition of the delinquent, in his private relations with
the injured party, or in any other personal cause, shall serve to aggravate or diminish the liability of only the principals, accomplices, or
accessories who may be affected thereby.
The circumstances which consist in the material execution of the
deed, or in the means employed to accomplish it, shall serve to aggravate or diminish the liability of those persons only who were acquainted
with them at the moment of the commission of the crime, or of their
cooperation therein.
ART. 80. In cases in which the law prescribes only one indivisible
penalty, the courts shall apply it without consideration of the aggravating or extenuating circumstances attending the deed.
In cases in which the law prescribes a punishment composed of two
indivisible penalties, the following rules shall be observed in the application thereof:
1. If an aggravating circumstance alone should have attended the
deed, the higher penalty shall be applied.
2. If neither extenuating nor aggravating circumstances should
have attended the deed, the lesser penalty shall be applied.
3. If an extenuating circumstance and no aggravating one should
have attended the deed, the lesser penalty shall be applied.
4. If both aggravating and extenuating circumstances should have
attended the deed, the courts shall make reasonable allowance therefor, with regard to their number or importance, in applying the penalty in accordance with the foregoing rules, according to the result
produced by such allowance.
ART. 81. In cases in which the penalty prescribed by law contains
three degrees, whether it be a single divisible penalty or composed of
three different penalties, each of which forms a degree in accordance
with the provisions of articles 96 and 97, the courts shall observe for
the application of the penalty the following rules, according as to
whether there are or not extenuating or aggravating circumstances:




27


1. If neither aggravating nor extenuating circumstances should
have attended the deed, they shall impose the penalty prescribed by
law in its medium degree.
2. If only an extenuating circumstance should have attended the
deed, they shall impose the penalty in its minimum degree.
3. If only an aggravating circumstance should have attended the
deed, they shall impose the penalty in its maximum degree.
4. If both extenuating and aggravating circumstances should have
attended the deed, they shall make a reasonable allowance in the designation of the penalty by counterbalancing the weight of the one with
the other.
5. If two or more very marked extenuating circumstances and no
aggravating circumstance should have attended the act, the court shall
impose the penalty next lower to that prescribed by the law in the
degree that it considers proper, according to the number and importance of such circumstances.
6. Whatever may be the number and importance of the aggravating
circumstances, the courts shall not impose a higher penalty than that
prescribed by law, in its maximum degree.
7. Within the limits of each degree, the courts shall determine the
extent of the penalty, in view of the number and importance of the
aggravating and extenuating circumstances, and the greater or lesser
extent of the evil produced by the crime.
ART. 82. In cases in which the penalty prescribed by law is not composed of three degrees, the courts shall apply the rules contained in
the foregoing article, dividing into three equal periods the term
embraced in the penalty imposed, forming one degree of each of the
three periods.
ART. 83. In the application of fines the courts may go to the full
limit within-which the law permits their imposition, taking into consideration, in order to determine their amount in each case, not only the
aggravating and extenuating circumstances of the deed, but chiefly the
wealth or means of the culprit.
ART. 84. If all the conditions necessary to exempt from liability in
the case of number 8 of article 8 should not be attendant, the provisions
of article 566 shall be observed.
ART. 85. Upon a person under 15 but over 9 years of age, who is not
exempted from liability by reason of the court having declared that he
acted with the exercise of judgment, 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 15 and under 18 years of age the penalty shall
always be imposed in the proper degree, which is next lower than that
prescribed by law.
ART. 86. A penalty lower by one or two degrees than that prescribed
by law shall be imposed, if the deed were not wholly excusable by




28


reason of the absence of some of the conditions required to exempt
from criminal liability, in the respective cases mentioned in article 8,
provided that the greater number thereof be attendant, the penalty
being imposed in the degree the courts may consider proper, taking
into consideration the number and importance of the requisites absent
or present.
This provision is understood without prejudice to that contained in
article 84.
SECTION III.-ProviOW^i' common to the two preceding sections.
ART. 87. Upon a person guilty of two or more crimes or misdemeanors, there shall be imposed all the penalties corresponding to the
various violations of the law, to be simultaneously served, if possible,
in view of the nature and effects of such penalties.
ART. 88. If all or any of the penalties corresponding to the various
violations of the law could not be simultaneously served by the person condemned, the following rules shall be observed with regard
thereto:
1. In the imposition of the penalties the order of their respective
severity shall be observed for their successive fulfillment, so far as
possible. by the person condemned by reason of having obtained pardonl for, or served out, those first imposed.
For the observance of the provisions of the preceding paragraph,
the respective severity of the penalties shall be determined in accordance with the following scale: Death; cadena perpetua; cadena tenpo(ral; r'eclzsio? perpetua reelwls'on temporalc presidio mayor; prisionb
imayo/,: presdio correcciownal; pri.sin correctional; arresto mayor; relegyaci Jperpetual; relegacionr temporal; perpetual expulsion; temporary
expulsion; coqfinamiento; banishment.
2. Notwithstanding the provisions contained in the preceding rule,
the maximum duration of the sentence of the culprit shall not exceed
three times the time which the most severe of the penalties that he
may have incurred should have imposed on him; and there shall not be
imposed on him other proper penalties, when those already imposed
shall have covered the maximum of the aforementioned term.
In no case shall such maximumn term exceed forty years.
For the application of the provisions of this rule, the duration of a
perpetual penalty shall be reckoned at thirty years.
ART. 89. The provisions of the foregoing article are not applicable
to a case in which a single act should constitute two or more crimes,
or if one of them should be a necessary means for committing the
others.
In such cases, only the penalty corresponding to the more serious
crime shall be imposed in its maximum degree.




29
ART. 90. Whenever the courts should impose a penalty that includes
other punishments, by provisions of law, according to the prescriptions of Section III of the preceding chapter, they shall also specifically sentence the culprit to the said penalties.
ART. 91. In cases for which the law prescribes a penalty lower or
higher by one or two degrees than another given penalty, the rules
prescribed in articles 75 and 76 shall be observed in graduating it.
The lower or higher penalties shall be taken from the graduated
scale-in which the given penalty may be included.
If a penalty higher than that of arresto mayor is to be applied it
shall be taken from the scale including the penalties prescribed for
the graver crimes of the same character as that punished with crresto
mayor.
The courts shall bear in mind, in making application of a lower or
higher penalty, the following graduated scales:
Scale No. 1.-(1) Death, (2) cadena 2perpetua (3) cadena temnporal,
(4) presidio mayor, (5) presidio correccional, (6) arresto.
Scale No. 2.-(1) Death, (2) reclhsionperpetuta, (3) reclu.sion tempn2pal,
(4) prision mayor, (5) prision correccional, (6) arresto.
Scale No. 3.-(1) Relegaccid   perpetula, (2) relegacion temJpor(tal, (3)
confinamiento, (4) banishment, (5) public censure, (6) caution.
Scale No. 4. —(1) Perpetual expulsion, (2) temporary expulsion,
(3) confinamiento, (4) banishment, (5) public censure, (6) caution.
Scale No. 5.-(1) Perpetual absolute disqualification, (2) temporary
absolute disqualification, (3) suspension from public office, right of
suffrage, active and passive, profession or trade.
Scale No. 6.-(1) Perpetual special disqualification, (2) temporary
special disqualification, or (3) suspension from public office, right of
suffrage, active and passive, profession or trade.
ART. 92. The fine shall be considered as the last penalty in every
one of the preceding graduated scales.
If it should be imposed in this character, the subsidiary liability
corresponding thereto by reason of the insolvency of the culprit, established in article 50, can not exceed the duration of the term pertaining
to the penalty immediately higher in the respective scale.
ART. 93. In cases in which the law prescribes a penalty higher than
another determined penalty, without specifically designating what it
may be, if there should be no higher penalty in the respective scale,
or if the former should be that of death, the following shall be considered as penalties immediately higher:
1. If the penalty determined were thatof cadena or reclztion perpetuta,
or perpetual absolute, or special disqualification, the same penalties,
with the proviso that the condemned person shall not enjoy the benefit
established in article 28 of this code until forty years have elapsed.




30
9,. If it were that of releyacion perpetua, he penalty of reclusimn
perpetaa.
3. If it were that of perpetual expulsion, the next higher penalty
shall be that of relegacion perpetua.
ART. 94. Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be increased or reduced
respectively for each degree by the fourth part of the maximum
amount prescribed by law, and in order to reduce it the reverse operation shall take place.
The same rules shall be observed with regard to fines that do not
consist of a fixed amount but of a proportional amount.
ART. 95. When women shall commit crimes which this code punishes
with the penalties of cadenaperpetua or cadena temporal, or with those
of presidio mayor ^.r presidio correccional, there shall be respectively
imposed upon theiW those of reclusion perpetua or reclusion temporal,
prisions mayr, or prision correccional.
ART. 96. In divisible penalties the legal term of their duration is
understood as distributed into three parts, forming the three degreesthat is, the minimum, medium, and maximum-in the manner shown
in the following:
Table showing the duration of divisible penalties and the time which each of their degrees
embraces.


Time included in Time included in   in  dd n ts
Penalties.    the penalty in  its minimum   Time included in its
its entirety.     degree.     medium degree.


Time included in
its maximum
degree,


I                                       I.    _


Temporary cadena, From 12 years and  From 12 years and  From  14 years 8
reclusi6n, relega-  1 day to 20 years.  day to 14 years  months and. 1
cion expulsion.                      and 8 months.    day to 17 years
and 4 months.
Presidio and prisi6n  From 6 years and  From 6 years and From 8 years and 1
mayor, confinami-  1 day to 12 years.  1 day to 8 years.  day to 10 years.
ento. Temporary,
absolute, or special disqualification.
Presidio and prision  From  6 months From  6 months From     2 years 4
correccional and   and   day to 6   an d 1 day to 2   months and    1
banishment.        years.            years  and   4   day to 4 years and
months.           2 months.
Suspension.......... From  I month   From   1 month   From2 years and 1
and 1 day to 6   and 1 day to 3    day to 4 years,
years.           years.
Arresto mayor....... From  1 month  From   1   to  2 From 2 months and
and 1 day to 6                     1 aytmonthsday months.
months.        i
Arresto menor....... From 1 to 30 days. From 1 to 10 days. From 11 to 20 days.


From 17 years 4
months and 1
day to 20 years.
From 10 years and
1 day to 12 years.
From 4 years 2
months and 1
day to 6 years.
From 4 years and 1
day to 6 years.
From 4 months
and 1 day to 6
months.
From 21 to 30 days.




ART. 97. In cases in which the law prescribes a penalty composed
of three distinct penalties, each one shall form a degree; the lightest
of them the minium, the next the medium, and the most severe the
maximum degree.
Whenever the penalty prescribed does not have one of the forms
specially provided for in this book, the degrees shall be distributed by
applying by analogy the rules fixed.




31


CHAPTER V.
EXECUTION OF PENALTIES AND THEIR FULFILLMENT.
SECTION I.- Genral provisions.
ART. 98. No penalty shall be executed unless by virtue of final
sentence.
ART. 99. Nor shall any penalty be executed in any other form than
that prescribed by law, or with any other circumstances or incidents
than those mentioned in its text.
Besides the provisions of the law, the prescriptions of the special
regulations for the management of the institiutions in which the penalties are to be undergone shall also be observed with regard to the
character, time, and other circumstances of the labors, the relations
of the convicts among themselves and with other persons, the relief
they may receive, and their diet.
The regulations shall provide for the separation of the sexes in different institutions, or at least in different departments.
ART. 100. If a delinquent should become insane or an imbecile after
final sentence should have been pronounced upon him, the execution
thereof shall be suspended only with regard to the personal penalty,
the provisions of the second and third paragraphs of number 1 of article
8 being observed in the respective cases.
At any time when the delinquent shall recover his reason he shall
complete his sentence, unless the penalty should have prescribed, in
accordance with the provisions of this code.
The proper provisions of this section shall also be observed if the
insanity or imbecility should occur while the convict is undergoing
his sentence.
SECTION II.-Principalpenalties.
ART. 101. The penalty of death shall be executed by the garrote upon
a scaffold.
The execution shall take place twenty-four hours after the notification of sentence, by day, in public and in the place generally set aside
for the purpose, or in the one the court may determine, when there
are special reasons therefor.
This penalty shall not be carried out upon religious or national
holidays.
ART. 102. Until there shall be a place provided in the jails for the
public execution of the death penalty, the person sentenced thereto,
who shall be dressed in a black cassock, shall be taken to the scaffold
in the carriage provided for that purpose, or in a cart, in the absence
of the former.




32
ART. 103. The corpse of the person executed shall be exposed on
the scaffold for four hours, after which it shall be buried; being delivered to his relatives or friends for this purpose if they should request
it. The funeral must be held without display.
ART. 104. The penalty of death shall not be inflicted upon a woman
while she is pregnant, nor shall she be notified of the sentence that
has been imposed upon her until forty days after her delivery.,
ART. 105. The penalties of cadena perpetua and cadena temporal
shall be served in any of the penal institutions of Cavite, Zamboanga,
or the Mariana islands.
ART. 106. Those sentenced to cadena temporal or cadlena perpetua
shall labor for the benefit of the State; they shall always carry a chain
at the ankle, hanging from the waist; they shall be employed in hard
and painful labor, and shall receive no assistance whatsoever from
without the institutions.
Nevertheless, if the court, taking into consideration the age, health,
condition, or any other personal circumstance of the delinquent, should
believe that he should undergo his penalty in labors within the institution, it shall so declare in the sentence.
ART. 107. Those sentenced to cadena temporal or cadena pepetua
can not be assigned to private works or to public works that are executed by a business enterprise, or by contracts with the Government.
ART. 108. A person condemned to cadenac temporal or cadena perpetu(, who should have attained the age of 60 years before the passing
of sentence, shall serve his sentence at a prison for serving the penalty
of jprJeidio,mayor.
If he should attain said age while undergoing his sentence, he shall
be transferred to the latter penal institution, in which he shall remain
for the time prescribed in the sentence.
ART. 109. Reclw'ion perpSetua and reclso'in temporal shall be served
in institutions situated within or without the territory of the Philippine Islands.
Those condemned thereto shall be subject to forced labor for the
benefit of the State within the precincts of the institution.
ART. 110. The penalties of relegacion perpetua and relegacion tenmporal shall be served in the Peninsula or in the Philippine Islands at
the places provided therefor by the Government. (See change, page 125.)
Those undergoing this sentence may devote themselves freely, under
the surveillance of the authorities, to their profession or trade within
the radius to which the limits of the penal institution extend.
ART. 111. A person sentenced to expulsion shall be expelled from
Spanish territory forever, if the sentence were perpetual, and for the
term of the sentence if temporary.
ART. 112. The penalties of presidio mayor and presidio cofreccional
and of pr'isn mZayor and prision correccional shall be served in the.




33


institutions already provided therefor, or which may hereafter be provided in the Philippine Islands.
Those sentenced to presidio shall be subject to forced labor within
the institution in which they are serving their sentence.
Those condemned to pr i.sion shall not go outside of the institution in
which they are undergoing their punishment during the term of their
sentence, and shall engage for their own benefit in such works as they
may choose, provided they be compatible with the discipline established by the regulations. They shall be, nevertheless, subject to the
labors of the institution until they shall have met their liabilities mentioned in numbers 1 and 2 of article 113; those having no trade or
known and honest means of livelihood shall also be subject thereto.
ART. 113. The product of the labor of those condemned to pre.s'idio
shall be devoted1. To meet the civil liabilities of the prisoners arising from their
crimes.
2. To indemnify the institution for the expenses they may occasion.
3. To provide then with some advantage or savings during their
detention should they deserve it, and to create a reserve fund to be
delivered to them upon their discharge from the presidio, or to their
heirs should they die therein.
ART. 114. Those sentenced to c(wrin.amr'ito shall be taken to a town
or district, situated at a distance of from 30 to 300 kilometers from
the place where they may have committed the crime, where they shall
remain at complete liberty under the surveillance of the authorities.
The courts, in designating the place where this penalty is to be served,
shall take into consideration the trade, profession, or means of livelihood of the condemned person, in order that he may earn his living.
Those who, by reason of their age, health, and good conduct. should
be fit for military service, may, with their consent, be assigned thereto
by the government.
Those sentenced to banishment shall be precluded from entering the'
place or places designated in the sentence, or within the radius therein
designated, which shall include a distance of 25 kilometers at least,
and 250 kilometers at most, from the place designated.
ART. 115. The person sentenced to public censure shall receive it in
person at a sitting of the court with open doors.
The person sentenced to private censure shall receive it in person
at a sitting of the court, and in the presence of the secretary, court
clerk, or attending witnesses, behind closed doors.
ART. 116. Arresto mayo' shall be served in the public prison of the
seat of the judicial district.
The provisions contained in the third paragraph of article 112 are
applicable, in their respective cases, to those condemned to this penalty.
ART 117. Arre'sto m}enor' shall be served at the court building of the
1570-   3




34


town, or other public buildings, or in the house of the culprit himself,
if the sentence shall so declare, without his being allowed to leave the
same during the entire period of the sentence.
SECTION III.-Accessory penalties.
ART. 118. A person sentenced to degradation shall, at a public sitting of the court,,be stripped by a bailiff of his uniform, robes of
office, insignia, and decorations.
The stripping off shall be carried out at, the command of the presiding judge, who shall order it in the following manner: "Strip (the
na? c o/of t/ perso~.n setenced) of his insignia and decorations, to wear
which the law declares him unworthy. The law degrades him because
he has degraded himself."
TITLE IV.
CIVIL LIABILITY.
ARlT. 119. The civil liability, established in Chapter II, Title II, of
this book, includes: (1) restitution; (2) reparation for the damage
caused; (3) indemnification for losses.
ART. 120. The restitution of the thing itself must be made, if possible, with payment for deteriorations or diminution of value, to be
appraised by the court.
Restitution shall be made, even though the thing may be in the possession of a third person, who had acquired it in a legal manner,
reserving, however, his action against the proper person.
This provision is not applicable to a case in which the third person
has acquired the thing in the manner and with the requisites established
by law to make it unrecoverable.
ART. 121. The reparation shall be made by the appraisal of the
amount of damage by the court, taking into consideration the value of
the thing, whenever possible, and the value as a keepsake to the party
aggrieved.
ART. 122. Indemnification for losses shall include not only those
which may have been caused the aggrieved party, but also those that
may have been inflicted upon his family or upon a third person by
reason of the crime.
The courts shall regulate the amount of such indemnification upon
the same terms as prescribed for the reparation of damage in the foregoing article.
ART. 123. The obligation to make restitution, to repair the damages
or indemnify the losses, is transmitted to the heirs of the person liable.
The action to demand restitution, reparation, or indemnification is
also transmitted to the heirs of the person injured.
ART. 124. If there are two or more persons civilly liable for a crime




35


or misdemeanor, the courts shall determine the share for which each
shall be liable.
ART. 125. Notwithstanding the provisions contained in the preceding
article, the principals, accomplices, and accessories, each within their
respective class, shall be jointly liable among themselves for their
shares, and subsidiarily for those of the other persons liable..The subsidiary liability shall be enforced, first, against the property
of the principals; next, against that of the accomplices, and finally,
against that of the accessories.
In cases in which the joint liability has been enforced, as well as the
subsidiary liability, the right of action is reserved by the person who
has paid, against the others for the shares due from each.
ART. 126. Whosoever may have gratuitously shared in the proceeds
of a crime or misdemeanor is obliged to make indemnification, in so far
as he may have participated therein.
TITLE V.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCES AND THOSE
WHO COMMIT A NEW CRIME WHILE SERVING SENTENCE.
CHAPTER I.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCES.
ART. 127. Persons serving a sentence who should violate it shall
suffer an aggravation of their punishments, subject to the provisions
of the following rules:
1. Those sentenced to cadena or reclusion shall complete their
respective terms, and be made to suffer, during a space of time not
exceeding three years, the greatest deprivations authorized by the
regulations, and shall be assigned to the most painful tasks.
If their penalty should be.perpetual, they shall not enjoy the benefit granted by article 28 until after having served the aggravation of
penalty imposed upon them.
If the penalty should be temporary, and the aggravation of penalty
could not be served within the term fixed in their original sentence,
they shall continue subject thereto until the period of the aggravation
has expired.
2. Those sentenced to relegacion or expulsion shall be condemned to
jprision correccional for a period not to exceed three years, which
must be served, in case of those sentenced to relegacidn, at the place
of relegation if possible, and, otherwise, at the nearest possible place
thereto, and those sentenced to expulsion at one of the penal institutions of the kingdom.
When these sentences have been served, they shall serve out their
original sentences.




36


3. Those sentenced.to presidio, prision, or arresto shall suffer an
increase of the said penalties not to exceed one-sixth of the time still
lacking for the completion of their original sentence.
4. Those sentenced to cowftnaemiento shall be condemned to prisin
correccional not to exceed two years; and after this penalty has been
served they shall serve out that of confinazmiento.
5. Persons banished shall be condemned to arresto mayor, after
serving which they shall serve out their term of banishment.
6. Those disqualified from office, from the right of suffrage, profession or trade who shall obtain or exercise the same shall be condemned
to arresto mayor and a fine of from 250 to 2,500 pesetas, if their act
should not constitute a special crime.
7. Those suspended from office, the right of suffrage, profession, or
trade who shall nevertheless practice it, shall suffer an increase for a
period equal to that of the original sentence and a fine of from 150 to
1,500 pesetas.
ART. 128. The aggravations prescribed in the preceding article
with regard to those deprived of their liberty shall not be applied to
those who escape from penal institutions or the stations thereof without violence, intimidation, or resistance; without breaking doors or
windows, walls, roofs or floors; without the use of picklocks or false
keys; without scaling walls, and without an understanding with other
convicts or attendants of the institution.
The violation of a sentence without one or more of these attendant
circumstances shall be punished with one-fourth of 'the penalty respectively prescribed in article 127.
CHAPTER II.
PENALTIES INCURRED BY THOSE WHO, AFTER HAVING BEEN CONDEMNED
BY FINAL SENTENCE, COMMIT ANOTHER OFFENSE EITHER BEFORE OR
WHILE SERVING IT.
ART. 129. Those who should commit any crime or misdemeanor after
having been condemned by a final sentence, before beginning to serve
it or during the time of their punishment, shall be punished in accordance with the following rules:
1. The maximum degree of the penalty prescribed by law for the
new crime or misdemeanor shall be imposed upon them.
2. The courts shall observe, in so far as applicable to this case, the
provisions contained in article 87 and rule 1 of article 88 of this code.
3. The prisoners mentioned in this article shall be pardoned at the
age of seventy years if they should already have served out their
original sentences, or when they shall have completed their terms after
attaining said age, unless they should not be worthy of this act of grace
on account of their bad conduct or any other circumstances.




37


TITLE VI.
EXTINCTION OF PENAL LIABILITY.
ART. 130. Penal liability is extinguished:
1. By the death of the culprit always, in so far as personal penalties are concerned; and with regard to pecuniary liabilities only
when no final sentence had been imposed at the time of his death.
2. By the completion of his term.
3. By amnesty, which completely extinguishes the penalty and all
its effects.
4. By pardon.
A person freed by a pardon can not reside in the place of residence
of the offended party without his consent, during the time that the
sentence would have lasted had it not been for the pardon, said pardon
granted being otherwise void.
5. By condonation granted by the offended party, should the penalty
have been imposed for crimes in which public prosecution can not be
instituted.
6. By prescription of the crime.
7. By prescription of the penalty.
ART. 131. Crimes prescribe twenty years after their commission,
when the law fixes the penalty of death or of cadena perpetua for the
crime.
After fifteen years, when the penalty fixed is any other corporal
penalty.
After ten years, when the penalties fixed are correctional.
The crimes of calumny and contumely are excepted, the first of
which shall prescribe after one year and the second after six months.
Misdemeanors prescribe two months after their commission.
When the penalty prescribed is a compound penalty, the higher
penalty shall be observed in the application of the rules contained in
the first, second, and third paragraphs of this article.
The term of the prescription shall commnnce to run fromtaie dayr on
which the crime was committed, and if not known at the time, from
the day of its discovery and the beginning of the judicial proceedings
for investigation and punishment.
This prescription shall be interrupted from the commencement of
the proceedings against the culprit and the term of prescription shall
commence to run again from the time when such proceedings terminate without the culprit being convicted, or the proceedings have
stopped, unless it be through the default of the culprit being tried.
ART. 132. The penalties imposed by final sentence prescribe: Those
of death and cadena perpetuad, after twenty years; the remaining corporal penalties after fifteen years; the correctional penalties after ten
years; light penalties after one year.




38
The term of this prescription will begin to run from the day on
which the culprit was personally notified of the final sentence, or
from the day of his breaking the sentence, if he had begun to serve it.
It shall be interrupted, the time which has elapsed remaining without effect, in ease the culprit should present himself or be captured,
if he should have gone to a foreign country with which Spain may
not have celebrated extradition treaties, or if, although she should
have them, his crime should not be included in their provisions; or if
he should commit a new crime before completing the term of the prescription, without prejudice, however, to the latter beginning to run
anew.
ART. 133. Civil liability arising out of crimes or misdemeanors shall
be extinguished in the same manner as other obligations, in accordance with the rules of civil law.




BOOK II.
CRIMES AND THEIR PENALTIES.
TITLE I.
CRIMES AGAINST THE EXTERNAL SECURITY OF THE STATE.
CHAPTER I.
THE CRIME OF TREASON.
ART. 134. A Spaniard who shall induce a foreign power to declare
war on Spain, or shall plot with it to the same end, shall be punished
with the penalty of cadena perpetua to death, if war should actually
be declared, and otherwise with the penalty of cadena temnporal in its
medium degree to that of cadena perpetza.
ART. 135. The following shall be punished with the penalty of cadena
perpetua to death:
1. A Spaniard who shall facilitate the enemy's entrance into the
Kingdom, the capture of a fortified place, military post, national
vessel, or stores of military or food supplies.
2. A Spaniard who shall seduce Spanish troops, or troops in the
service of Spain, to go over to the enemy's ranks, or desert their flag
while in the field.
3. A Spaniard who shall recruit people in Spain to make war upon
the country under the flag of a hostile power. Frustrated crimes of
the character specified in the preceding numbers shall be punished
as though consummated, and attempts shall be punished with the penalty next lower by one degree. (See addition of No. 4, page 125.)
ART. 136. The following shall be punished with the penalty of
cadena tempoeral in its maximum degree to death:
1. A Spaniard who shall take up arms against his country under
hostile flags.
2. A Spaniard who shall recruit people in Spain for the service of
a hostile power, in case such recruits were not to take a direct part in
the war against Spain.
3. A Spaniard who shall furnish troops of a hostile power with
money, arms, transports, articles or munitions of war, food, or other
means, direct and effectual, for carrying on hostilities against Spain,
or who shall favor the progress of the hostile arms in a manner not
specified in the preceding article.
39




40


4. A Spaniard who shall furnish the enemy with topographical
maps, or plans of fortifications, documents, or information, which shall
directly lead to the same end of committing hostilities on Spain, or
favoring the progress of the hostile arms.
5. A Spaniard who, in time of war, shall prevent the national troops
from receiving the assistance referred to in number 3, or the data and
information referred to in number 4. (See addition of No. 6, page 125.)
ART. 137. Conspiracy to commit any of the crimes mentioned in
the three preceding articles shall be punished with the penalty of
presidio iIayor, and the proposition to commit the said crimes with
that of presidio correccional.
ART. 138. A foreigner, residing in Spanish territory, who shall
commit any of the crimes specified in the preceding articles, shall be
punished with the penalty next lower than that fixed therein, reserving the provisions of treaties or international law relating to diplomatic
officials.
ART. 139. Those who shall commit the crimes specified in the preceding articles against a power allied to Spain, in the case of said power
being in the field against the common enemy, shall be punished with
the penalties lower by one degree than those respectively prescribed.
ART. 140. The ministers of the Crown shall incur the penalty of
cadenca pep)etua to death, who, in violation of article 74 of the Constitution, shall authorize a decree1. Alienating, ceding, or exchanging any part of the Spanish
territory.
2. Authorizing the entrance of foreign troops into the Kingdom.
3. Ratifying treaties of offensive alliance which may have brought
about war between Spain and another power.
ART. 141. The persons mentioned in the foregoing article shall be
punished with the penalty of caciena temporal in its medium degree
to caderna petpetua, who, in violation of article 74 of the Constitution,
shall authorize a decree1. Ratifying treaties of offensive alliance which may not have
brought about war between Spain and another power.
2. Ratifying treaties in which the stipulation is made to give subsidies to a foreign power.
CHAPTER II.
CRIMES THAT ENDANGER THE PEACE OR INDEPENDENCE OF THE STATE.
ART. 142. The ecclesiastical minister who, in the performance of his
office, shall publish or enforce bulls, briefs, or dispatches from the
Holy See, or other provisions or declarations that attack the peace or
independence of the State, or that oppose the observance of its laws,
or encourage their nonobservance, shall incur the penalty of temporary expulsion.




41


Any layman committing such acts shall incur the penalty of prision
correccional in its minimum and medium degrees, and a fine of from
625 to 6,250 pesetas.
ART. 143. Any person who shall introduce, publish, or enforce
within the Kingdom, any order, provision, or document emanating
from a foreign government that attacks the independence or security
of the State shall be punished with the penalties of prisidn correceinal
in its minimum and medium degrees, and a fine of from 625 to 6,250
pesetas, unless such crime directly produces others of greater gravity,
in which case he shall be punished as the principal therein.
ART. 144. If any of the crimes mentioned in the two foregoing
articles should be committed by any official of the State taking advantage of his character or duties, there shall be imposed upon him, in
addition to the penalties established in said articles, that of perpetual
absolute disqualification.
ART. 145. He who by unlawful or not duly authorized acts should
provoke or furnish a pretext for a declaration of war against Spain,
on the part of another power, or should expose Spaniards to annoyance or reprisals on their persons or property, shall be punished with
the penalty of reclusidn tenporal if he be a State official, and otherwise
with that of prsidon mayor.
If the war be not actually declared, or the reprisals or annoyances do
not take place, the respective penalties shall be imposed in the next
lower degree.
ART. 146. The penalty of recluswin temporal shall be imposed on any
person violating a truce or armistice agreed to between the Spanish
Nation and a hostile nation, or between their belligerent forces, land
or naval.
ART. 147. A public official who, taking advantage of his office, should
in any way not specifically mentioned in this chapter endanger the
dignity or interests of the Spanish Nation, shall be punished with the
penalties of prision mayor and perpetual disqualification for the office
he may hold.
ART. 148. He who, without sufficient authorization, shall raise troops
within Spain for the service of a foreign nation for any object or purpose whatsoever, or whatever be the nation against-which hostility be
contemplated, shall be punished with the penalties of prisian mayor
and a fine of from 12,500 to 125,000 pesetas.
He who, without sufficient authorization, should send out vessels
for privateering, shall be punished with the penalties of rectw'iodn
temporal and a fine of from 6,250 to 62,500 pesetas.
ART. 149. He who, in time of war, holds correspondence with the
hostile country or territory occupied by its troops, shall be punished1. With the penalty of prisi6n mayor, if such correspondence is
carried on by ciphers or codes agreed on between the parties.




42


2. With that of prision ceGrrecciol, if it be carried on in the usual
form aind the Government should have forbidden it.
3. With that of reclesion tenmporal, if there were given therein
notice or information of which the enemy could take advantage, whatever be the form of such correspondence, and even though the
Government should not have forbidden it.
The same penalties shall be incurred by the person committing the
crimes mentioned in this article, even though he should send the correspondence through friendly or neutral territory in order to elude
the law.
If the culprit should intend to help the enemy with his notices or
information, the provisions of articles 135 and 136 shall be observed.
ART. 150. Any Spaniard guilty of an attempt to enter a hostile
country, if the Government should have prohibited it, shall be subject
to the penalties of arresto mayor and a fine of from 375 to 3,750 pesetas.
CHAPTER III.
CRIMES AGAINST INTERNATIONAL LAW.
ART. 151. He who should kill a monarch or head of another State,
residing in Spain, shall be punished with the penalty of reclusion
terpqoral in its maximum degree to death.
He who should inflict serious wounds upon the same persons shall
be punished with the penalty of reclusion? temporal, and if the wounds
were slight, with that of prisio'n mayor.
Those who should commit any other attempt at crime, not specifically mentioned in the foregoing paragraphs, against the same persons
shall incur the last-named penalty.
ART. 152. He who should violate the personal immunity or the
domicile of a monarch or head of another State received in Spain in
their official character, or who should violate that of a representative
of another power, shall be punished with the penalty of prision correccional.
If the crimes included in this and in the preceding article should
have no reciprocal penalties fixed therefor in -the laws of the nation to
whom the persons offended belong, the penalty shall be imposed on
the delinquent which would be proper for the crime, in accordance
with the provisions of this code, if the person offended should not
have had the official character mentioned in the preceding paragraph.
CHAPTER IV.
CRIME OF PIRACY.
ART. 153. The crime of piracy committed against Spaniards, or the
subjects of another nation not at war with Spain, shall be punished
with the penalty of cadena temporal to cadena pepeetua.




43


If the crime should be committed against nonbelligerent subjects of
another nation at war with Spain, it shall be punished with the penalty
of presidio mayor.
ART. 154. Those who commit the crimes referred to in the first
paragraph of the preceding article shall incur the penalty of cadena
perpetua to death, and those who commit the crimes referred to in the
second paragraph of the same article that of cadena temporal to cadeam
perpetua1. Provided that they have taken any vessel by boarding or firing
upon her.
2. Provided that such crime should be accompanied by assassination,
homicide, or by any of the physical injuries inflicted on persons specified in articles 414 and 415 and in numbers 1 and 2 of article 416.
3. Provided that it was accompanied by any of the outrages against
chastity specified in Chapter II, Title IX, of this book.
4. Provided that the pirates should have abandoned any persons
without means of saving themselves.
5. In every case, the captain or leader of the pirates.
CHAPTER V.
COMMON PROVISIONS.
ART. 155. For the purposes of the provisions contained in this title,
as well as for all the others of this code, it shall be understood that in
speaking of Spain by this denomination is understood any portion of
the national territory.
ART. 156. As a Spaniard, for all the purposes of the provisions of
this code, shall be considered any person who enjoys such consideration according to the constitution of the Monarchy.
TITLE II.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE.
CHAPTER I.
CRIMES OF LUSE MAJESTA, AGAINST THE CORTES, THE COUNCIL OF
MINISTERS, AND AGAINST THE FORM OF GOVERNMENT.
SECTION I. - Crimes of Lese lAfjest'.
ART. 157. Upon any person who shall kill the King there shall be
imposed the penalty of reclusidonperpetua to death.
ART. 158. If the crime referred to in the foregoing article be frustrated or attempted, it shall be punished with the penalty of reclusion
temporal in its maximum degree to death.
The conspiracy to execute it with that of recebsion tempnral.
And the proposition with that of prision mayor.




44


ART. 159. The following shall be punished with the penalty of
/,.cli.cn;W  temlporal to 'reclsio6n pepetuia:
1. Those who shall deprive the King of his personal liberty.
2. Those who shall force him, by violent means or by grave intimidation, to perform any act contrary to his will.
3. Those who shall cause him grave physical injuries not included
in the first paragraph of article 158.
ART. 160. If the violence, intimidation, or physical injuries referred
to in numbers 2 and 3 of the preceding article be not grave, the penalty of reclwsion temporal shall be imposed on the guilty person.
ART. 161. The penalty of reclusion temporal shall likewise be
imposed1. Upon a person who shall outrage or threaten the King in his
presence.
2. Upon a person who shall enter the King's residence with violence.
ART. 162. Any person who shall threaten or outrage the King publicly and in writing, outside of his presence, shall be punished with the
penalties of prision mayor and a fine ranging from 1250 to 12,500
pesetas.
Outrages and threats couched in any other form shall be punished,
if they should be grave, with -the penalty of prision correccional in
its medium degree to prision mayor in its minimum degree, and if
they should be slight with the penalty of airesto mapor in its medium
degree to prision correccional in its minimum degree.
ART. 163. He who shall kill the immediate successor to the Crown,
or the regent of the Kingdom, shall be punished with the penalty of
rechlmio'si  temporal in its maximum degree to death.
If the crime be frustrated or attempted with the penalty of reclusi6n
tenmporal to death.
The conspiracy with that of prisin mayMor in its medium and maximum degrees.
And the proposition with that of prisi6n correccional in its maximum
degree to prvsion mayor in its minimum degree.
ART. 164. If the crimes mentioned in the preceding articles of this
section, with the exception of those comprised in the last article, should
be committed against the immediate successor to the Crown, the consort of the King, or the regent of the Kingdom, they shall be punished
with the penalties lower by one degree than those prescribed therein.
SECTION II.-Crimes against the Cortes and its members anzd against
the council of ministeos.
ART. 165. In case there should be a vacancy of the Crown, or in case
the King should be disabled in any manner whatsoever from governing
the nation, the members of the royal family, ministers, authorities, and
other civil or military officials, who shall disobey the regent after he




45


has taken the oath that the constitution requires, or the council of
ministers, during the time that they are provisionally governing the
Kingdom in accordance therewith, shall be punished with the penalty
of relegacion temporal in its maximum degree to relegaci'npe pet a
ART. 166. The penalty of co7nfinamiento shall be incurred by those
who, forming part of an armed force, shall collectively address petitions
to either of the co-legislative bodies, even though such petitions should
not be personally presented.
The same penalty shall be incurred by those who, forming part of
an armed force, should present them individually, not according to the
laws of their organization, in so far as they have relation thereto.
The penalties prescribed in this article shall be respectively imposed
in their maximum degree on those who hold a command in the armed
force.
ART. 167. The following shall also incur the penalty of confinarwiento:
1. Those who shall outrage or threaten a senator or deputy on
account of the opinions he may have expressed or the votes cast in the
senate or chamber of deputies.
2. Those who use force, intimidation, or serious threat, to prevent
a senator or deputy residing in the Philippines from attending the
co-legislative body to which he belongs, or who, by the same means,
should coerce the free declaration of his opinions or the casting of his
vote.
-In the cases provided for in the two preceding numbers of this article, a challenge to a duel shall be considered as a serious threat.
ART. 168. If the outrage, threat, force, or intimidation referred to
in the preceding article were not serious, the delinquent shall suffer
the penalty of banishment and a fine of from 325 to 3,250 pesetas.
ART. 169. The penalties prescribed in the three preceding articles
shall be imposed in their maximum degree, if the guilty persons are
recidivists.
ART. 170. The public official who, when the Cortes is in session,
should, without due permission of the respective legislative body,
detain or commit for crime any senator or deputy residing in the
Philippines, unless he had been taken in flagrante, shall incur the
penalty of temporary special disqualification.
The same penalty shall be incurred by the judge who, having passed
sentence on a senator or deputy in a trial instituted without the permission referred to in the preceding paragraph, should carry out said
sentence without the legislative body to which the accused belongs
having authorized its execution.
There shall also be punished, with the same penalty of temporary
special disqualification, the administrative or judicial officials who should
detain a senator or deputy taken;n flagrante residing in the Philip



46
pines and fail to report it to:the Cortes immediately, if in session; or
who should fail likewise to report to the Cortes as soon as it assembles
the arrest of any of its members which they may have ordered, or
the proceedings they may have instituted against such members during the interval of the sessions.
SECTION III.-Crimes against the formr of Govcrnment.
ART. 171. Persons who shall execute any kind of acts or deeds
directly tending to obtain by force any of the following ends shall be
considered guilty of crimes against the form of Government established
by the constitution:
1. To substitute for the constitutional-monarchical Government an
absolute monarchical or Republican Government.
2. To deprive, in whole or in part, the King, the Regency, or the
Cortes of the privileges and powers vested in them by the constitution.
3. To change the legitimate order of the succession of the Crown,
or to deprive the dynasty of the rights granted it by the constitution.
4. To deprive the council of ministers of the right to govern the
Kingdom provisionally until the regent takes the oath in accordance
with the constitution.
ART. 172. The following also commit crimes against the form of
Government:
1. Those who in any kind of public meetings or places of numerous
assemblage shall raise cheers or other outcries that shall provoke
acclamations tending to the accomplishment of any of the purposes
specified in the preceding article.
2. Those who in said meeting and places make speeches, or read or
distribute printed matter, or carry emblems and banners, tending to
the realization of the objects mentioned in the preceding article.
ART. 173. Public officials who should execute any mandate or order
issued by the King in the exercise of his authority without being
signed by the proper minister, shall also be considered guilty of a
crime against the form of Government.
ART. 174. Those who, publicly and in open hostility, should rise in
arms, in order to perpetrate any of the crimes provided for in article
171, shall be punished with the following penalties:
1. Those who may have instigated, supported, or directed said rising
or who appear as its principal leader, with the penalty of reclusion
tej-iwal in its maximum degree to death.
2. Those in charge of a subaltern command therein, with that of
retlis'uum tempon'ral to death, should they be persons filling a civil or
ecclesiastical office; or if there should have been any engagement
between the forces under their command and the public forces loyal
to the Government; or if their forces should have caused ravages
among the properties of private persons, of towns, or of the State; or




47


have-cut the telegraph wires or the railroad lines; or have committed
any acts of gross violence against individuals, or exacted contributions,
or diverted public funds from their lawful purpose. With the exception of these cases the penalty of reclusin temporal shall be imposed
on the culprit.
3. The mere participants in the rising with that of prsioin mayao in
its medium degree to reclusion temporal in its minimum degree, in
the cases provided for in the first paragraph of the preceding number;
and with that of prision mayor to its full limit in the cases mentioned
in the second paragraph of the same number.
ART. 175. Those who, without rising up in arms and in open hostility
against the Government, shall commit any of the crimes provided for
in the said article 171 shall be punished with the penalty of prision
mayor.
ART. 176. He who shall commit any of the crimes included in article
172 shall be punished with the penalty of banishment.
ART. 177. A public official who is responsible for the crime mentioned in article 173 shall suffer the penalty of temporary special
disqualification.
SECTION IV. —Provisions common to the three preceding sections.
ART. 178. The provisions contained in the articles included in this
chapter are understood without prejudice to the prescriptions of other
articles of this code which fix a higher penalty for any one of the acts
punished in the former.
CHAPTER 1I.
CRIMES COMMITTED ON THE OCCASION OF THE EXERCISE OF INDIVIDUAL RIGHTS GUARANTEED BY THE CONSTITUTION.
SECTION I. --- Crimes committed by individuals.
ART. 179. The following are not peaceful meetings:
1. Those which are held in violation of the police rules of a general
or permanent character of the locality where the meeting is held.
2. Meetings where a certain number of people assemble with firearms, lances, sabers, machetes, bolos, campilanes, or any other similar
weapons.
3. Meetings which are held for the purpose of committing any of
the crimes punished by this code; or those where, during the meeting,
any of the crimes punished in Title IlI, Book II hereof are committed.
ART. 180. The organizers and leaders of any meeting that is held
without written notice thereof having been given to the authorities
twenty-four hours in advance, stating the object, time, and place of
the meeting, shall incur the penalty of arresto mayor and a fine of 325
to 3,250 pesetas.




48


ART. 181. The organizers and leaders of any meeting included in
any of the cases of article 179 shall incur the penalty of prision correccional in its minimum and medium degrees and a fine of from 325 to
3,250 pesetas.
ART. 182. In the cases of the preceding articles, if the meeting
shall not have actually taken place, the personal penalty shall be that
next lower in degree.
ART. 183. For the enforcement of the provisions of the preceding
articles, as leaders of the meeting shall be considered those who, by the
speeches they may have delivered thereat or by the printed matter
which they may have published or distributed at the same, by the
mottoes, flags, or other emblems displayed thereat,. or by any other
means, appear as instigating the proceedings.
ART. 184. Those merely attending the meetings mentioned in No.
1 and the first case of No. 3 of article 179 shall be punished with the
penalty of arresto mayor.
ART. 185. The organizers, leaders, and persons present at any
meeting whatsoever shall respectively incur the penalties next higher
in degree if they fail to disperse it upon a second notice to do so from
the authorities or their agents.
ART. 186. Those who assemble at meetings carrying firearms, lances,
sabers, machetes, bolos, campilanes, or any other similar weapons
shall be punished by prision correccional in its minimum and medium
degrees.
ART. 187. Those attending a meeting who, during its progress, shall
commit any of the crimes punished in this code shall incur the penalty
corresponding to the crime they commit, and may be arrested at once
by the authorities or their agents, or in their absence by any other
person attending.
ART. 188 (see amendment, page 125). The following are illegal associations:
1. Those which by their purpose or circumstances are contrary to
public morals.
2. Those whose object is to commit any of the crimes punished in
this code.
ART. 189 (see amendment, page 126). The following persons shall
incur the penalty of prision correctional in its minimum and medium
degrees and a fine of from 325 to 3,250 pesetas.
1. The founders, directors, and presidents of associations which may
be organized and are included in any of the numbers of the preceding
article.
If the association should not have been organized, the personal
penalty shall be that next lower in degree.
2. The founders, directors, and presidents'of associations which may
be organized without notice to the local authorities of their purpose
and by-laws eight days before their first meeting, or of the place of the




49


meetings twenty-four hours before the respective meeting, even if the
first place selected for the meeting should later be changed for another.
3. The directors or presidents of associations who do not admit the
authorities or their agents or do not give them the right of attending
the meetings.
4. The directors or presidents of associations who do not stop meetings on the second notice to do so of the authorities or their agents.
ART. 190 (see amendment, page 126). The following shall incur the
penalty of arresto mayor:
1. The individual members of the associations mentioned in article 188.
If the association should not have been organized, the penalties
shall be public censure and a fine of from 325 to 3,250 pesetas.
2. The individual members who commit the crime mentioned in
No. 3 of the foregoing article.
3. The individual members who do hot withdraw from the meeting
on the second notice given by the authorities or their agents that the
meeting must be suspended.
ART. 191 (see amendment, page 126). The founders, directors. presidents, and members of associations who again hold a meeting, after its
having been suspended by the authorities or their agents, provided
that the judicial authority has not revoked the suspension ordered,
shall incur the penalties next higher in degree than those respectively
prescribed in the last two articles.
ART. 192. Those who establish and direct institutions of a religious
character or of learning in violation of the laws in force on the subject
shall incur the penalty of arresto mayor and a fine of from 500 to 5,000
pesetas.
ART. 193. The following shall incur the penalty of arresto mayor:
1. The authors, directors, editors, and printers, in their respective
cases, of secret publications.
By such shall be considered those which do not bear the printer's
name upon the copies printed, or which bear a fictitious one.
2. The directors, editors, or printers, also in their respective cases,
of the periodical publications not duly authorized.
SECTION II.- Crimes committed by public offcials.
ART. 194. A public official who shall impose any punishment equivalent to personal punishment by arrogating judicial powers to himself
shall incur1. The penalty of temporary absolute disqualification, if the punishment imposed were equivalent to a corporal penalty.
2. The penalty of suspension in its medium and maximum degrees,
if it were equivalent to a correctional penalty.
3. The penalty of suspension in its minimum and medium degrees,
if it were equivalent to a light penalty.
1570 4




50
ART. 195. If the punishment arbitrarily imposed should have been
carried out, in addition to the penalties prescribed in the preceding
article, the punishment imposed shall be inflicted on the guilty official,
and in the same degree.
If the punishment should not have been carried out, that next lower
in degree shall be imposed upon him, if the former should not have
gone into effect through a cause independent of his will.
ART. 196. If the penalty arbitrarily imposed should have been a
pecuniary one, the guilty official shall be punished1. With that of temporary absolute disqualification and a fine of an
amount equal up to one three times the amount thereof, if it should
have been exacted.
2. With that of suspension in its medium and maximum degrees,
and a fine of from one-half to an equal amount thereto, if the penalty
had not been exacted through a cause independent of his will.
3. With that of suspension in its medium and minimum degrees, if
it should not have been exacted by reason of the voluntary revocation
of the said official.
ART. 197.. The authorities and officials, civil and military, who, in
making exceptional proclamations or provisions in the use of their
powers, should have established a penalty different from that prescribed by law for any kind of crimes, and those who enforce such
penalties, shall respectively incur, according to the facts, the penalties
prescribed in the three foregoing articles.
ART. 198. The judicial authority who unduly remits a criminal case
to another military or administrative authority or official, which illegally claims it, shall be punished with the penalty of suspension in its
medium and maximum degrees.
The military or administrative authority or official who should persist in his demand for the unlawful remission of the case, and should
compel the judicial authority to comply, after the latter had pointed
out the illegality of such a demand, shall be punished with the penalty
next higher in degree.
ART. 199. If the person of the criminal shall also have been demanded
and surrendered the penalties shall, in their respective cases, be those
next higher in degree than those prescribed in the preceding article.
ART. 200. The public official who, unless it be by reason of a crime,
should detain a person without being authorized to do so by a law, or
by regulations of a general character in force in the Philippines, shall
incur the penalty of a fine of from 325 to 3,250 pesetas if the detention
should not have exceeded three days; the penalty of suspension in its
minimum and medium degrees-if it should have exceeded said period
and not have been more than fifteen days; that of suspension in its
maximum degree to temporary absolute disqualification in its medium
degree if it should not have been less than fifteen days nor have reached
one month; that of prisido  correccional in its maximum degree to




51
prision mayor in its minimum degree if it should have been more than
one month and should not have exceeded a year; and that of p2ision
mayor in its medium degree to reclusi5n temnporl to its full limit if
the detention should have exceeded one year.
ART. 201. The public official who should delay complying with a
judicial order to release a person imprisoned or detained, whom he
may have under his control, shall be punished with the penalties next
higher ini degree than those prescribed in the preceding article. in proportion to the duration of the delay.
ART. 202. The public official who, not being a judicial authority,
nor being vested with power in the manner mentioned in article 200.
shall detain a person for a crime and shall not deliver him to the judicial authority within the twenty-four hours after the detention took
place, shall respectively incur the penalties next higher in degree than
those prescribed in the said article.
ART. 203. The following shall also incur the same penalties in their
respective cases:
1. The warden of a jail or any other public official who shall receive,
as a prisoner, any person whatsoever, and shall allow twenty-four
hours to elapse without informing the judicial authority thereof.
2. The warden of a jail or other public official who shall receive a
person in the capacity of a prisoner, unless by virtue of a judicial
order.
3. The warden of a jail or any other public official who shall conceal a prisoner from the judicial authority.
4. The warden of a jail or other penal institution who, without an
order of the judicial authority, shall have placed a prisoner, or one
under sentence, either in solitary confinement or in a place different
from that where he belongs.
5. The warden of a jail or head of a penal institution who should
impose upon prisoners, or those under sentence, improper deprivations, or treat them with unnecessary severity.
6. The warden of a jail or the head of a penal institution who
should deny to a person detained, or a prisoner, or to whomsoever
may represent him, a certificate of his detention or imprisonment, or
who should not forward any petition relative to his release.
7. The head of a penal institution who should retain a person in the
institution after having received official notice of his pardon, or after
his term of imprisonment had expired.
The provisions of Nos. 1, 2, and 4 shall not be applicable when the
warden of the jail, or head of a penal institution, or public official
acts in compliance with an order of the civil or military authority
issued in the exercise of legal powers.
ART. 204. The following shall incur the penalty of suspension in its
minimum and medium degrees:
1. The judicial authority who should not liberate nor commit the




52


prisoner by a warrant stating the reasons therefor (auto motivado)
within the period fixed by the provisions in force in criminal procedure.
2. The judicial authority who shall not ratify a warrant of commitment or declare it null within the period referred to in the foregoing number.
3. The judicial authority who, with the exception of the cases mentioned in the two preceding numbers, shall detain in the capacity of
prisoner a person whose release is proper.
4. The judicial authority who should improperly order or prolong
the solitary confinement of a prisoner.
5. The secretary, clerk, or attending witnesses of a superior or
inferior court who shall permit the term referred to in No. 1 of this
article to elapse without notifying the prisoner of the warrant committing him to prison or the writ terminating his detention.
6. The secretary, clerk, or attending witnesses of a superior or
inferior court who shall unduly delay the notification of the warrant
or writ raising solitary confinement or liberating a prisoner.
7. The secretary, clerk, or attending witnesses of a superior or
inferior court who shall delay informing them of any petition of a
person detained or imprisoned, or of his representative, relating to his
freedom.
If the delay referred to in the foregoing numbers shall have lasted
more than one month and shall not have exceeded three, the culprits
shall incur, in their respective cases, the penalty of suspension in its
maximum degree to temporary absolute disqualification in its medium
degree, and a fine of from 325 to 3,250 pesetas; and if it should have
exceeded said period, that of temporary absolute disqualification in its
maximum degree to perpetual absolute disqualification and a fine of
from 1,250 to 12,500 pesetas.
ART. 205. The following shall incur the penalties of suspension in
its minimum and medium degrees and a fine of from 325 to 3,250
pesetas:
1. The public official who, not being a judicial authority nor empowered in the manner prescribed in article 200, shall enter the domicile
of a Spaniard or foreigner without his consent.
2. The public official who, without being authorized by a law or by
general regulations in force in the Philippine Islands, and not being
a judicial authority, shall make a search through the papers of a
Spaniard or of a foreigner and the effects which may be found in his
domicile, unless their owner should have given his consent.
If he should not return at once to the owner the papers and effects
thus examined immediately after making the search, the penalty shall
be that next higher in degree.
If the crimes punished in the two preceding numbers should be com



53


mitted at night, the penalties shall be those of suspension in its medium
and maximum degrees and a fine of from 625 to 6,250 pesetas, reserving the provisions of the second paragraph of number 2, with regard
to which the penalty shall be that next higher in degree than those
prescribed therein.
ART. 206. The public official who, on the occasion of a search through
the papers and effects of a person, shall commit any other unjust vexation against persons or wanton damage to their property, shall also
incur the penalties of suspension in its minimum and medium degrees
and a fine of from 325 to 3,250 pesetas.
If he should remove such property and appropriate it to himself, he
shall be punished as guilty of the crime of robbery with violence
against the person.
ART. 207. Any authority who shall make an examination of papers
and effects in the domicile of a Spaniard or foreigner, unless in the
presence of the interested person or in that of a member of his family,
and in their absence in that of two witnesses from the same locality,
shall incur the penalty of suspension in its minimum and medium
degrees, and a fine of from 325 to 3,250 pesetas.
ART. 208. The public official who, not being a judicial authority,
and not being authorized therefor by a law or provision of a general
character, shall detain private correspondence intrusted to the mails,
shall incur a fine of from 325 to 3,250 pesetas.
ART. 209. The public official who, not being a judicial authority,
shall open private correspondence intrusted to the mails, shall incur
the penalty of suspension in its medium and maximum degrees and a
fine of from 625 to 6,250 pesetas.
The public official who shall open a telegraphic message intrusted
to him for delivery at a domicile shall incur the same penalty.
ART. 210. The public official who shall extract letters from the
mails shall be punished with the penalty of temporary absolute disqualification in its minimum and medium degrees, and a fine of from
1,250 to 12,500 pesetas.
ART. 211. The public official who, without being authorized by law
or by regulations of a general character in force in the Philippines,
shall banish a person to a distance greater than 200 kilometers from
his domicile, unless by virtue of a judicial sentence, shall incur the
penalty of a fine of from 325 to 3,250 pesetas.
The public official who, without being expressly authorized by law
or by regulations of a general character in force in the Philippines,
shall compel a person to move his domicile or residence, shall be punished with the penalty of banishment and a fine of from 625 to 6.250
pesetas.
ART. 212. The public official who, without being authorized by law
or by regulations of a general character in force in the Philippines,




54


shall expel from the islands any person, unless by virtue of a sentence
of deportation or banishment, shall be punished with the penalty of
confinamn.ieto and a fine of from 1,250 to 12,500 pesetas.
ART. 213. A public official who orders the payment of a general,
provincial, or municipal tax not legally authorized, shall -be punished
with the penalty of suspension in its maximum degree to temporary
absolute disqualification in its minimum degree and a fine of from 625
to 6,250 pesetas.
ART. 214. Public officials who should exact the payment of unauthorized taxes referred to in the foregoing article, shall incur the
penalty of suspension in its mediumn and maximum degrees, and a fine
of from 625 to 6,250 pesetas.
If such exaction should have been consummated, the fine shall be
increased by an amount equal to up to three times that of the amount
collected.
If the exaction should have been effected by employing compulsion
or any other means of coercion, the penalty shall be that of temporary
absolute disqualification and the aforesaid fine.
ART. 215. If the amount collected should not have been paid according to its character into the proper treasury by the fault of the person
who may have collected it, he shall be punished as a swindler, by the
maximum degree of the proper punishment therefor.
ART. 216. The authorities who shall give their aid and cooperation
to the officials referred to in the two preceding articles, shall incur the
penalties of temporary absolute disqualification and a fine of from 325
to 3,250 pesetas.
If they should have received profits from the amounts collected,
they shall be punished as equal principals in the crime punished in
the preceding article.
ART. 217. The public official who shall condemn the property of a
person, unless by virtue of a mandate from the competent authority
for reasons of public utility, before proper indemnification has been
made therefor, shall incur the penalties of suspension in its medium and
maximum degrees, a-nd a fine of from 625 to 6,250 pesetas.
He who shall disturb any person in the possession of his property
unless by virtue of a judicial writ, or a mandate from the competent
authority, issued in accordance with the express provisions of law, shall
incur the same penalty.
ART. 218. The following shall be punished with the penalties of
suspension in its minimum and medium degrees, and a fine of from 325
to 3,250 pesetas:
1. The public official who, not duly authorized, should forbid or
prevent a person, neither under arrest nor a prisoner, from attending
any meeting allowed or authorized by the laws and regulations.
2. The public official who, under the same conditions as of the pre



55
ceding articles, should prevent or forbid a person to address, either
by himself or together with others, petitions to the Cortes, the King,
or the authorities, unless it should have been forbidden them by law.:SECTION III.- Crines in connection with religion and worship.
ART. 219. Those who by violence, disorderly conduct, threats, or
tumults prevent, interrupt, or disturb the functions, acts, ceremonies,
or manifestations of the religion of the State shall be punished with
the penalty of prision correccional and a fine of from 65 to 650 pesetas,
if the crime were committed in churches, chapels, or places devoted
to worship; and with that of arresto mayor to prision correccional
in its minimum degree, and a fine of from 50 to 500 pesetas should
the offense be committed in any other place.
ART. 220. He who with the intention of offending the Catholic religion shall trample, cast on the ground, or in any other manner profane the sacred elements of the Eucharist, shall be punished with the
penalty of prision mayor.
ART. 221. Those who in offense of the State religion shall trample,
destroy, break, or profane sacred objects devoted to worship,
within churches or without them, shall incur the penalty of prisict
correccional.
ART. 222. He who with deliberate intention ridicules the Catholic
religion by word or writing, publicly contemning its dogmas, rites, or
ceremonies, shall be punished with the penalty of arresto mayor to
prision correccional in its minimum degree, if the deed should have
occurred in churches or on the occasion of acts of worship, and with
that of arresto mayor if the crime should have been committed in other
places and not on the occasion of such acts of worship.
ART. 223. He who by means of menaces, violence, or other lawless
coercion shall force any person to perform acts of worship, or prevent
him from performing them, shall incur the penalty of prision correc
cional in its medium and maximum degrees and a fine of from 625 to
6,250 pesetas.
ART. 224. Those who, by employing the means mentioned in article
219, shall prevent or disturb the worship and the rites of the Catholic
religion within the precincts of the cemeteries, shall be punished with
the penalty of arresto mayor.
ART. 225. The penalty of arresto mayor in its minimum degree
shall be incurred by those who, making use of the same means as those
enumerated in article 219, shall prevent persons from performing the
acts of worship of a religion which is not the Catholic one, within the
cemeteries or other precincts authorized or which may be authorized
hereafter.
ART. 226. Those who shall publicly perform acts of propaganda,
preaching or other ceremonies which are not those of the religion of




a


56
the State, shall incur the penalty of prision correccional in its minimum degree.
The provisions contained in articles 219, 222, 224, 225, and in the
first paragraph of this article, are understood without prejudice to the
general provisions relating to public order and those of the police.
ART. 227. The provisions contained in this section shall be understood without prejudice to what is prescribed with regard to foreigners
residing in the Philippine Islands in proclamations or regulations in
force, or by virtue of customs legally authorized by the general government of said islands.
SECTION IV. —Provisions common to the three preceding sections.
ART. 228. The provisions of this chapter shall be understood without prejudice to those of other chapters of this code which prescribe
a higher penalty for any of the acts included in the three preceding
sections.
TITLE III.
CBIMES AGAINST PUBLIC ORDER.
CHAPTER I.
REBELLION.
ART. 229. Those who shall rise publicly and with open hostility
against the Government, for any of the following purposes, are guilty
of rebellion:
1. To proclaim the independence of any part of the territory
included under the denomination of the Philippine Islands.  (See
page 127.)
2. To dethrone, the King, or depose the Regent or Regency of the
Kingdom, or deprive them of their personal liberty, or oblige them
to execute an act contrary to their will.
3. To commit any of the crimes specified in article 165.
4. To substract the Kingdom, or a part of it, or any body of land
or naval troops, or any other class of armed force, from its obedience
to the Supreme Government.
5. To use and exercise the constitutional prerogatives of the ministers of the Crown, or to despoil them thereof, or hinder or curtail
the free exercise of the same.
ART. 230. Those who, by inciting the rebels and making them
resolute, shall have promoted and sustained the rebellion, begun for
the purposes mentioned in No. 1 of the preceding article, and its principal chiefs, shall be punished with the penalty of cadena perpetua to
death, and in other cases with that of recl usion temporal in its maximum degree to death.
ART. 231. Those who exercise a subaltein command in a rebellion




57


organized to commit the crime referred to in number 1 of article 229
shall incur the penalty of cadenaperpetua to death, if they were persons filling a civil or ecclesiastical office.
Those who exercise a subaltern command in a rebellion, the purpose
of which is to commit any crime mentioned in the other numbers of
article 229, shall incur the penalty of reclusidn temporal in its maximum degree to death; and that of reclusidn temporal if said purpose
were not included in any of them.
ART. 232. The mere participants in a rebellion shall be punished
with the penalty of reclusidn temporal to its fullest extent in the cases
mentioned in the first paragraph of No. 2 of article 174, and with that
of prisidn mayor in its medium degree to reclusion temporal in its minimum degree, should they not be included therein.
ART. 238. If the rebellion should not have been organized by
known leaders, those who, in fact, lead the others or speak for them,
or sign the receipts or other documents in their name, or exercise
other similar acts in representation of the others, shall be considered
leaders.
ART. 234. The following shall be punished as rebels, with the penalty of prision mayor:
1. Those who, without rising against the Government, commit by
craft or any other means whatsoever the crimes included in article
229.
2. Those who seduce troops or other class of land or naval armed
force into committing the crime of rebellion.
If the rebellion actually takes place, the seducers shall be considered
promoters thereof and shall suffer the penalty prescribed in article
230.
ART. 235. Conspiracy to commit the crime of rebellion shall be
punished with the penalty of prision   i correcional in its medium and
its maximum degrees.
The proposal to do so shall be punished with that of reclusion temporal in its minimum and medium degrees.
CHAPTER II.-Seditioz.
ART. 236. Those who shall rise publicly and tumultuously in order
to attain by force or outside of legal methods any of the following
objects are guilty of sedition:
1. To prevent the promulgation or execution of laws, or the free
holding of popular elections in any province, circumscription, or electoral district.
2. To prevent any authority, corporation, official, or public officer
from freely exercising his duties or the execution of his judicial or
administrative orders.




58
3. To wreak any deed of hate or revenge upon the person or property of any authority or its agents.
4. To wreak, with a political or social object, any deed of hate or
revenge upon individuals or upon any class in the State.
5. To despoil, with a political or social object, any class of persons,
the muncipality, the province, or the State of all or any part of their
property, or to lay waste or destroy such property.
ART. 237. Those who, by inciting the seditious and making them
resolute, shall have promoted and supported sedition, and its principal
leaders, shall be punished with the penalty of reclusion temporal should
they be included in any of the cases specified in the first paragraph of
No. 2 of article 174, and with that of prision mayor should they not
be included in any of these.
ART. 238. Mere participants in sedition shall be punished with the
penalty of perision correccional in its medium and maximum degrees in
the cases specified in the first paragraph of No. 2 of said article 174,
and with that of prisionl correccional in its minimum and medium
degrees if not included-therein.
ART. 239. The provisions of article 233 are applicable to the case of
sedition which has not been organized by known leaders.
ART. 240. A conspiracy to commit the crime of sedition shall be
punished with the penalty of arresto mayor to prision correccional in
its minimum degree.
ART. 241. Those who shall seduce troops, or any other class of land
or naval armed forces whatsoever, to commit the crime of sedition shall
be punished with the penalty of prision correccional in its medium
and maximum degrees.
If the sedition should have been effectual, the seducers shall be considered as promoters thereof and shall suffer the penalty prescribed in
article 237.
ART. 242. If the sedition should not have reached the point of
embarrassing in a serious manner the exercise of public authority, nor
having caused the perpetration of. any other grave crime, the courts
shall reduce the penalties prescribed in this chapter by one or two
degrees.
CHAPTER III.
PROVISIONS COIMMON TO THE TWO PRECEDING CHAPTERS.
ART. 243. The courts shall reduce by one or two degrees the penalties prescribed in the two preceding chapters in the case of rebels
and seditious persons who may disband or submit to the lawful authorities at the first summons to do so, provided that they were not public
employees.
ART. 244. Individual crimes committed during a rebellion or sedi



59
tion, or on the occasion thereof, shall be respectively punished according to the provisions of this code.
If the authors thereof can' not be discovered, the principal leaders
of the rebellion or sedition shall be punished as such.
ART. 245. The authorities directly appointed by the Government
who shall not have resisted the rebellion or sedition by all the means
within their power shall suffer the penalty of temporary to perpetual
absolute disqualification.
Those not directly appointed by the Government shall suffer the
penalty of suspension in its maximum degree to temporary absolute
disqualification in its medium degree.
ART. 246. The employees who continue to discharge their duties
under the orders of those in uprising, or who, without having had
their resignation from office accepted, abandon it when there is danger
of rebellion or sedition, shall incur the penalty of temporary special
disqualification.
ART. 247. Those who shall accept office from rebels or seditious
persons shall be punished with the penalty of temporary absolute disqualification for public office in its minimum degree.
ART. 248. The penalties of prision mayor and prision cor'eccionct,
which are imposed for the crimes included in Chapters I and II, shall
be served in institutions within or without the Philippine Islands.
CHAPTER IV.
CRIMINAL ATTEMPTS AGAINST THE AUTHORITIES AND THEIR AGENTS,
RESISTANCE AND DISOBEDIENCE.
ART. 249. The following commit criminal attempt:
1. Those who, without a public uprising, employ force or intimidation for any of the purposes mentioned under the crimes of rebellion
and sedition.
2. Those who attack the authorities or their agents, or employ'
force against them, or gravely intimidate them, or offer an equally
grave resistance while they are discharging the functions of their
office or on the occasion thereof.
- ART. 250. The criminal attempts included in the preceding article
shall be punished with the penalties of prision correccional in its
medium degree to prision mayor in its minimum degree, and a fine of
from 625 to 6,250 pesetas, provided that any of the following circumstances are attendant:
1. If the aggression were accomplished by weapons.
2. If those guilty thereof were public officials.
3. If the delinquents laid hands upon the authorities.
4. If in consequence of compulsion the authorities should have
yielded to the exactions of the delinquents.




60
Without these circumstances the penalty shall be prisidn correccional in its minimum to its medium degree and a fine of from 375 to
3,750 pesetas.
ART. 251. The penalty prescribed in the last paragraph of the foregoing article shall be imposed in its maximum degree upon culprits,
if they employ the force or intimidation mentioned in number 1 of
article 249 for the purpose mentioned in number 1 of article 229, or
if they should have laid hands upon persons who may have come to
the assistance of the authorities, or upon their agents, or upon public
officials.                       -
ART. 252. The persons who, without being included in article 249,
should resist the authorities, or their agents, or should grossly disobey them in the performance of the duties of their office, shall be
punished with the penalties of arresto mayow and a fine of from 325
to 3,250 pesetas.
CHAPTER V.
ACTS OF DISRESPECT, INSULTS, ACTS OF CONTUMELY AND THREATS
AGAINST AUTHORITIES, AND INSULTS, ACTS OF CONTUMELY, AND
THREATS AGAINST THEIR AGENTS AND OTHER PUBLIC OFFICIALS.
'ART. 253. The following commit an act of disrespect:
1. Those who, while a minister of the Crown or an authority.is in
the exercise of his functions or on the occasion thereof, shall culum
niate. outrage, or insult him by deed or word, in his presence or in a
writing addressed to him, or who shall threaten him.
2. The public official who, while his hierarchical superior is in the
exercise of his office, shall culumniate, outrage, or insult him by deed
or word, in his presence or in any writing addressed to him, or who
shall threaten him.
In consequence of the provisions contained in the two foregoing numbers, the publication by the periodical press of the writings mentioned
therein does not constitute in itself the crime. of disrespect.
ART. 254. If the calumny, insult, outrage, or threat referred to in
the foregoing article should be grave, the delinquent shall suffer the
penalty of pri.sio'n correccional in its minimum and medium degrees
and a fine of from 375 to 3,750 pesetas.
If they should be less grave, the penalty shall be that of arresto
mayo/ in its maximum degree to prision correccional in its minimum
degree and a fine of from 325 to 3,250 pesetas.
ART. 255. Provocation to fight a duel, even though dissembled. or
having an appearance of privacy, shall be considered a grave threat
for the purposes of the foregoing article.
ART. 256. Those who, while a minister of the Crown or an authority
is in the exercise of his functions or on the occasion thereof, shall




61


calumniate, outrage, or insult him by deed or word, outside his presence or in a writing not addressed to him, shall be punished with the
penalty of arresto mayor.
ART. 257. The penalty of arresto mayor shall also be imposed on
those who outrage, insult, or threaten, by deed or word, public officials
or agents of the authorities, in their presence or in a writing addressed
to them.
CHAPTER VI.
PUBLIC DISORDERS.
ART. 258. Those who shall raise a tumult or grossly disturb order at
the hearing of a superior or inferior court, at public acts pertaining
to any authority or corporation, at any electoral acts, offices or public
institutions, at public spectacles or solemnities, or a large meeting,
shall be punished with the penalties of arresto mayor in its medium
degree to prision correccional in its minimum degree and a fine of
from 375 to 3,750 pesetas.
ART. 259. Those who shall grossly disturb public orderin order to
offer an outrage or other wrong to any individual person shall incur
the penalty of arresto mayor.
ART. 260. The penalty of arresto mayor to prision correccional in
its minimum degree shall also be imposed, unless a higher penalty is
applicable in accordance with other articles of this code, on those who
shall raise cries provocative of rebellion or sedition at any meeting or
association, or in any public place, or who shall show in the same
places badges or banners which might directly provoke the disturbance
of public order.
ART. 261. Those who shall extricate from jails or penal institutions
any persons detained therein or who facilitate their escape, shall be
punished with the penalty of arresto mayor in its maximum degree
toprision correccional in its minimum degree, if they should employ
violence, intimidation, or subornation for the purpose and with the
penalty of arresto mayor should they make use of other means.
If the escape of the prisoner should be effected outside of said institutions by means of surprising those charged with their conduction,
the same penalties shall be applied in their minimum degree.
ART. 262. Those who shall place obstructions or damage railroad
tracks or obstruct or damage telegraph lines or intercept messages or
correspondence, shall be punished with the penalty of prision correccional in its minimum to its medium degree.
ART. 263. Upon those who destroy or injure pictures, statues, or
any other public monument of usefulness or ornamentation shall be
imposed the penalty of arresto mayor in its medium degree to prision
correccional in its minimum degree.




62


CHAPTER VII.
PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS.
ART. 264. For the purposes of the articles included in the three
preceding chapters, a person who by himself alone or as a member of
any corporation or tribunal shall exercise special jurisdiction shall be
considered as an authority.
The officials of the department of public prosecution (ministerio
fiscal) shall also be considered authorities.
ART. 265. If a person committing any of the crimes specified in the
three preceding chapters should be a civil or ecclesiastical authority,
he shall be punished with the maximum of the respective penalty and
with temporary absolute disqualification.
TITLE IV.
FALSITIES AND FALSIFICATIONS.
CHAPTER I.
FALSIFICATION OF THE ROYAL SIGNATURE OR STAMP, THE SIGNATURE
OF MINISTERS, SEALS, AND MARKS.
SECTION I.-Falsification of the royal signature or stamp, and the signature of minaisters.
ART. 266. He who shall counterfeit the stamp of 'the King or of the
regent of the Kingdom, or the signatures of the ministers of the
Crown, shall be punished with the penalty of cadena temporal.
ART. 267. He who shall counterfeit the signature or stamp of the
head of a foreign power or the signature of his ministers, shall be
punished with the penalty of presidio mayor, if the culprit should
have made use in Spain of the counterfeited signature or stamp; and
with that of pre6sidio correccional in its medium to its maximum degree
if he should have made use thereof outside of Spain.
ART. 268. He who should knowingly make use of a counterfeited
signature or stamp of the classes referred to in the preceding article,
shall incur the penalty next lower in degree than that prescribed
therein for the counterfeiters.
SECTION II.-Falsficeation of seals and marks.
ART. 269. He who shall counterfeit the great seal of the State shall
be punished with the penalty of cadena temporal..
He who should knowingly make use of the counterfeit seal of the
State shall be punished with the penalty next lower in degree than
that prescribed in the preceding paragraph.




63
ART. 270. He who shall counterfeit the seal of the State of a foreign
power and make use of it in Spain shall be punished with the penalty
of presidio mayor and with that of presidio coreccional in its medium
to its maximum degree if he should have made use of it outside of the
Kingdom.
ART. 271. He who, knowing of the falsity of the seals referred to in
the two preceding articles, but without having participated in their
falsification, should avail himself of or use them, shall be punished with
the penalty next lower in degree than that prescribed in the said
articles for the counterfeiters.
ART. 272. The counterfeiting of marks and seals of inspectors of
weights and measures shall be punished with the penalties of presidio
9mayor and a fine of from 625 to 6,250 pesetas.
ART. 273. Those who knowingly expose for sale objects of gold or
silver marked with false stamps of assay shall be punished with the
penalty prescribed in the preceding article.
ART. 274. The counterfeiting of the seals used by any authority, tribunal, official corporation, or public office, shall be punished. with the
penalty of presidio correccional in its minimum and medium degrees
and a fine of from 375 to 3,750 pesetas.
The mere use of seals of this kind, with knowledge of their falsity,
shall be punished with the same penalties, if gain to the prejudice of
the public funds were intended, otherwise the penalty next lower in
degree shall be imposed on the culprit.
ART. 275. The falsification of the seals, marks, and countersigns
which are employed in the offices of the state in order to identify some
object or to insure the payment of taxes, shall be punished with the
penalties of presidio correccional in its minimum and medium degrees
and a fine of from 375 to 3,750 pesetas.
ART. 276. If the falsifications referred to in the two preceding articles should have been accomplished without the employment of stamps
or dies or other mechanical instruments used in counterfeiting, the
penalty next lower in degree than those prescribed for such crimes
shall be imposed on the culprit.
ART. 277. The falsification of seals, marks, tickets, or countersigns
which industrial or commercial establishments employ, shall be punished with the penalties of presidio correciocnal in its minimum and
medium degrees.
ART. 278. He who shall place on sale objects of commerce, substituting for the mark or name of the real manufacturer the mark or
name of another fictitious one, shall be punished with the penalty of
arresto mayor and a fine of from 325 to 3,250 pesetas.
'ART. 279. He who removes from any seal, ticket, or countersign
the mark or sign that indicates that it had already been used or was
useless for the object of its issue, shall also incur the penalty of acresto
mayor and a fine of from 325 to 3,250 pesetas.




64


He who knowingly makes use of such class of seals or countersigns
shall incur a fine of from 325 to 3,250 pesetas.
CHAPTER II.
COUNTERFEITING OF MONEY.
ART. 280. Whosoever shall make counterfeit money, of a value less
than the legitimate, by imitating gold or silver coins lawfully current in
the Kingdom, shall be punished with the penalties of cadena temporal
in its medium degree to cadena perpetua, and a fine of from 625 to
6,250 pesetas if the counterfeit money were of copper or bronze.
ART. 281. He who shall clip lawful coins shall be punished with the
penalties of presidio mayor and a fine of from 625 to 6,250 pesetas, if
the money were of gold or silver, and with that of presidio correccional in its minimum and medium degrees and a fine of from 325 to
3,250 pesetas if it were of copper or bronze.
ART. 282. He who shall make counterfeit money, of the value of
the genuine, by imitating money that is lawfully current in the Kingdom, shall be punished with the penalties of presidio correccional in its
medium and maximum degrees and a fine of from 625 to 6,250 pesetas.
ART. 283. He who shall make counterfeit money by imitating money
that is not lawfully current in the Kingdom shall be punished with the
penalties of presidio correccional in its medium and maximum degrees
and a fine of from 325 to 3,250 pesetas.
ART. 284. He who shall clip lawful money that is not lawfully current in the Kingdom shall be punished with the penalties of presidio
correccional in its minimum and medium degrees and a fine of from 625
to 6,250 pesetas.
ART. 285. The penalties prescribed in the two foregoing articles
shall be imposed in their respective cases on those who shall introduce
counterfeit money into the Kingdom.
Those who circulate counterfeit money shall also-be punished with
the same penalties when connivance exists between them and the
makers thereof or those who introduce it.
ART. 286. Those who, without the connivance referred to in the preceding article, shall pass counterfeit or clipped money which, with
knowledge of its character, they had acquired for the purpose of circulating it, shall be punished with the penalties of presidio correccional
in its medium and maximum degrees and a fine of from 325 to 3,250
pesetas.
ART. 287. He who having received counterfeit money in good faith
and should issue it after knowing its falsity, shall be punished, if the
amount spent exceed 325 pesetas, with a fine of from an amount equal
to three times that of the genuine money.
ART. 288. Those in whose possession counterfeit money shall be




65


found which, from its amount and character, may reasonably allow
the inference that it was intended for circulation, shall be punished
as guilty of an attempt to commit the crimes of circulating counterfeit money.
CHAPTER III.
FALSIFICATION OF BANK NOTES, INSTRUMENTS OF CREDIT, STAMPED
PAPER, POSTAGE STAMPS, AND OTHER STAMPED ARTICLES WHOSE SALE
IS RESERVED TO THE STATE.
ART. 289. Those who shall falsify bank notes or other instruments
payable to bearer, or their coupons, whose issue may have been
authorized by a law of the Kingdom, or those who shall introduce
them into the Philippine Islands, shall be punished with the penalties
of cadena temporal in its medium degree to cadena perpetua, and a
fine of from 6,250 to 62,500 pesetas.
The same penalty shall be imposed upon those who shall circulate
them in connivance with the counterfeiter or introducer thereof.
ART. 290. Those who, without being in relation with the counterfeiters or introducers thereof, shall acquire for the purpose of circulation bank notes or other instruments payable to bearer, and their
coupons, knowing that they are false, shall be punished with the penalty of cadena temporal.
ART. 291. Those who shall, in the Philippine Islands, falsify bank
notes or any other class of instruments payable to bearer, or their
coupons, whose issue is authorized by a law of a foreign country, or
by a provision that has there the same force as law, shall also be
punished with the penalty of cadena tenp0or`al.
Those who, in complicity with the counterfeiters, shall introduce
them shall incur the same penalty.
ART. 292. Those who, having in good faith acquired bank notes or
other instruments payable to bearer, or their coupons, included in
articles 289 and 291, shall pass them knowing their falsity, shall be
punished with the penalties of presidio correccioncil in its medium and
maximum degrees and a fine of from 625 to 6,250 pesetas.
ART. 293. Those who shall counterfeit or introduce into the Kingdom bonds payable to order or other documents of credit not payable
to bearer, whose issue is authorized by virtue of a law, shall be punished with the penalties of cadenac temporal and a fine of fronm (,250 to
62,500 pesetas.
ART. 294. Those who shall counterfeit securities payable to order,
or any other class of instruments of credit not to bearer, whose issue
is authorized by a law of a foreign country, or by a provision that
has there the same force as a law, shall be punished with the penalty
of presidio mayor in its medium degree, to cadena tenporalr in its minimum degree.
1570    5.




66


ART. 295. He who knowingly shall negotiate, or make profit in any
other manner, to the prejudice of a third person, of a counterfeit
security of those included in the preceding articles, shall incur the
penalty of presidio correccidnal in its medium and minimum degrees,
and a fine of from 375 to 3,750 pesetas.
ART. 296. He who shall present in judicial proceedings any security
payable to the bearer or its coupons, knowing their falsity, shall incur
the penalties of presidio correccional in its medium and minimum
degrees, and a fine of from 325 to 3,250 pesetas.
ART. 297. He who shall counterfeit stamped paper, telegraph or
postage stamps, or any other class of stamped articles whose sale is
reserved to the State, shall be punished with the penalty of presidio
mayor.
The same penalty shall be imposed on those who introduce them
into Spanish territory, or on those who circulate them, in connivance
with the counterfeiters or introducers thereof.
ART. 298. Those who, without being in connivance with the counterfeiters or introducers thereof, shall knowingly acquire false paper,
stamps, or articles of the kind mentioned in the preceding article, in
order to circulate them, shall be punished with the penalty of presidio
correccional in its minimum and medium degrees, and a fine of from
375 to 3,750 pesetas.
ART. 299. Those who, having in good faith acquired public securities of the character mentioned in the foregoing article, shall circulate
them, knowing their falsity, shall incur the penalty of arresto mayor
in its maximum degree to prlsion correccional in its minimum degree.
Those who merely use them, having knowledge of their falsity, shall
incur a fine of from five to ten times the value of the genuine paper
or securities they may have used.
CHAPTER IV.
FALSIFICATION OF )OCUMENTS.
SECTION I.-Falsfl1icaltion of oficial andc colmmercial documents and
teleqraphi c dispatches.
AlT. 300. The penalties of cadena temnporal and a fine of from 1,250
to 12,500 pesetas shall be imposed on a public official who, taking
advantage of his authority, shall commit a falsification1. By counterfeiting or feigning any writing, signature, or rubric.
2. By including in any act the participation of persons who had no
such participation.
3. By attributing to those who were present thereat declarations or
statements different from those which thev made.
4. By perverting the truth in the narration of facts.




67


5. By altering true dates.
6. By making in a genuine document any alteration or interlineation
altering its meaning.
7. By giving out an authentic copy of a fictitious document, or by
stating therein a contrary or different thing from that contained, in the
genuine original.
8. By intercalating any instrument in a protocol, register, or official
book.
An ecclesiastical minister who shall commit any of the offenses
included in the foregoing numbers, with regard to acts or documents
which might affect the civil status of persons, shall incur the penalty
prescribed in the first paragraph of this article.
ART. 301. An individual who shall commit any of the falsifications
specified in the preceding article in public or official documents, or in
bills of exchange or any other class of commercial paper, shall be punished with the penalties of presidio mayor and a fine of from 1,250 to
12,500 pesetas.
ART. 302. He who shall knowingly present in judicial proceedings,
or should use with intent of gain, a false document of the kind mentioned in the foregoing articles, shall be punished with the penalty
lower by two degrees than that prescribed for the falsifiers.
ART. 303. A public official in charge of the telegraph service who
shall originate or falsify a telegraphic message shall incur the penalty
of prision correccional in its medium and maximum degrees.
He who shall make use of the false message, with intent of gain-or
desire to prejudice another, shall be punished as the principal in the
falsification.
SECTION II.-Falsification of private documents.
ART. 304. He who, to the prejudice of a third person or with intent
of causing it, shall, in a private document, commit any of the falsifications specified in article 300, shall be punished with the penalties of
presidio correccional in its minimum and medium degrees and a fine of
from 625 to 6,250 pesetas.
ART. 305. He who, without having taken part in the falsification,
should present in judicial proceedings, or shall use with intent of gain,
or to the prejudice of a third person, knowingly, a false document of
those included in the preceding article, shall incur the penalty lower
by one degree than that prescribed for the falsifiers.
SECTION III.-Falsication of passports, cedulas of residence, and
certificates.
ART. 306. A public official who, taking advantage of his office, shall
issue a passport or a cedula of residence under a fictitious name, or
shall give it in blank, shall be punished with the penalties of priion




- 68


cor'/'ccional in its minimumn and medium degrees and temporary
special disqualification.
ART. 307. He who shall make a false passport or cecdula of residence
shall be punished with the penalties of arresto mayor in its maximum
degree, to yrisiin correccional in its minimum degree, and a fine of
from 325 to 3,250 pesetas.
The same penalties shall be imposed on the person who in a genuine
passport or cedula of residence shall change the name of the person
in whose favor it may have been issued, or of the authority which
issued it, or who shall alter it in any other essential particular.
ART. 308.- He who shall make use of the passport or cedula of resi
dence referred to i, the preceding article shall be punished with a
fine of from 325 to 3,250 pesetas.
Those who shall make use of a genuine passport or ce'dla of resi
dence issued in favor of another person shall incur the same penalty.
ART. 309. The physician who shall deliver a false certificate of illness
or physical injury, for the purpose of exempting a person from any
public service, shall be punished with the penalties of arresto mayor
in its maximum degree to prision correccional in its minimum degree
and a fine of from 325 to 3,250 pesetas.
ART. 310. A public official who shall issue a false certificate of merit
or service, of good conduct, of poverty or of other similar circumstances
shall be punished with the penalties of suspension in its medium and
maximum degrees and a fine of from 325 to 3,250 pesetas.
ART. 311. An individual who shall falsify a certificate of the kinds
mentioned in the preceding articles shall be punished with the penalty
of arresto qmayor.
This provision is applicable to the person who shall make use of such
false certificate knowingly.
CHAPTER V.
PROVISIONS APPLICABLE TO THE FOUR PRECEDING CHAPTERS.
ART. 312. He who shall manufacture or introduce dies, seals,
marks, or any other kind of tools or instruments whatsoever knowingly
destined to the falsifications referred tqo in the preceding chapters of
this title, shall be punished with the same pecuniary penalties and
with the personal penalties next lower in degree than those respectively
prescribed for falsifiers.
ART. 313. He who shall have in his possession any of the tools or
instruments referred to in the preceding article and should not give a
satisfactory explanation as to their acquisition or preservation shall
be punished with the same pecuniary penalties and the personal
penalties lower by two degrees than those corresponding to the falsification for which they are proper.




69


ART. 314. The official who in order to execute any falsification to
the prejudice of the State, of a corporation, or of an individual in
whose service he may be, shall make use of legitimate tools or instruments intrusted to him, shall incur the same pecuniary and personal
penalties that correspond to the falsification committed, being
imposed upon him in their maximum degree, and he shall, furthermore, incur a penalty of from temporary absolute disqualification in
its maximum degree to perpetual absolute disqualification.
ART. 315. Those who without being included in the preceding
article shall take possession of the legitimate tools or instruments
mentioned in the same and shall make use of them to execute any
falsification to the prejudice of the State, corporation, or individual
to whom they belong shall incur the same pecuniary penalties and
the personal penalties next lower in degree that correspond to the
falsification committed.
ART. 316. If the profit which those guilty of the falsification
punished in this title may have derived, or which they proposed to gain,
can be estimated, there shall be imposed upon them a fine of an
amount equal up to three times that of such profit, unless the maximum
thereof were less than the minimum penalty prescribed for the crime,
in which case the latter shall be applied.
CHAPTER VI.
FRAUDULENT CONCEALMENT OF PROPERTY OR INDUSTRY; FALSE TESTIMONY AND FALSE ACCUSATION AND DENUNCIATION.
ART. 317. He who, upon being questioned by the competent administrative official, shall conceal all or part of his property, or the trade
or industry in which he is engaged, for the purpose of eluding thereby
the payment of the taxes that ought to be paid upon the former or
for the latter, shall incur a fine of from an amount equal up to five
times the value of the taxes which he ought to have paid, but in no
case shall it be less than 325 pesetas.
ART. 318. He who in a criminal cause shall give false -testimony
against the accused shall be punished:
1. With the penalty of cadena tenmporal in its maximum degree to
cadena perpetua, and if the accused should have been in such cause
sentenced to the penalty of death and it should have been carried out.
2. With the penalty of cadena temporal, if the accused should have
been condemned in the cause to cadena perpetua and should have
begun to undergo said penalty.
3. With the penalty of presidio mayor if the accused should have
been condemned in the cause to cadena perpetua, and should not have
begun to undergo the same.
4. With the penalty of presidio correccional in its maximum degree




70


to pres;dmo mayor in its medium degree, if the accused should have
been condemned in the cause to suffer any other corporal punishment,
and should have begun to undergo the same.
5. With the penalty of presidio correccional in its medium degree to
presidio mayor in its minimum degree, if the accused should have
been condemned in the cause to any other corporal penalty, and
should not have begun to undergo the same.
6. With the penalties of presidio correccional in its medium and
maximum degrees and a fine of from 625 to 6,250 pesetas if the accused
should have been sentenced in the cause to a correctional penalty and
should have begun to undergo the same.
7. With the penalties of p7sidio correccional in its minimum and
medium degrees and a fine of from 375 to 3,750 pesetas if the accused
should have been sentenced in the cause to a correctional penalty and
should not have begun to undergo the same.
8. With the penalties of arresto mayor in its maximum degree to
pre.sidd;o correccional in its minimum degree and a fine of from 325 to
3,250 pesetas if the accused should have been condemned to a light
penalty and should have begun to undergo the same.
9. With the penalties of arresto rmayor and a fine of from 325 to
3,250 pesetas if the accused should have been condemned to suffer a
light penalty aind should not have begun to undergo the same.
ART. 319. He who in a criminal cause shall give false testimony in
favor of the accused shall be punished with the penalties of arresto
may(or in its maximum degree to prisi?6n correccional in its medium
degree and a fine of from 375 to 3,750 pesetas if the cause were for a
crime and with that of arresto mayor if it were for a misdemeanor.
ART. 320. The penalty of arresto mayor in its minimum and medium
degrees shall be imposed on the person who in a criminal cause for a
crime shall give false testimony that neither prejudices nor favors the
accused.
ART. 321. False testimony given in a civil cause shall be punished
with a penalty of arresto mayor in its maximum degree to presidio
correcCanmal in its medium degree and a fine of from 625 to 6,250
pesetas.
If the amount of the claim should not exceed 625 pesetas the penalties shall be those of arresto rnayort and a fine of from 625 to 6,250
pesetas.
ART. 322. The penalties of the preceding articles are applicable in
their maximum degree to the experts who testify falsely in judicial
proceedings.
ART. 323. Whenever the false statement of the witness or expert
shall have been given on account of subornation the penalties shall be
those next higher in degree to those respectively fixed in the preceding articles, there being imposed furthermore a fine of from an amount
equal to three times that promised or the value of the gift.




71


The latter shall be confiscated should it have been delivered to the
person suborned.
ART. 324. When the witness or expert, without essentially perverting the truth, shall distort it by his reticence- or inexact statements the
penalties shall be:
1. A fine of from 375 to 3,750 pesetas, should such falsification take
place in a criminal cause; and
2. From 325 to 3,250 pesetas, if it should take place in a cause of a
misdemeanor or in a civil action.
ART. 325. He who shall knowingly offer perjured witnesses or false
documents in a judicial proceeding shall be punished as guilty of false
testimony.
ART. 326. The crime of false accusation or denunciation is committed
by falsely imputing to any person acts which, if they were true, would
constitute a crime that would give rise to proceedings ex officio if the
imputation were made before an administrative or judicial official who
would be obliged to proceed to its investigation or punishment by
reason of his office.
The denouncer or accuser, however, shall not be proceeded against
unless by virtue of a final sentence or writ, equally final, of the court
which took cognizance of the crime imputed, dismissing the complaint.
The latter shall proceed ex officio against the denouncer or accuser,
provided that the principal cause should show sufficient grounds for
instituting a new action.
ART. 327. A person guilty of false accusation or denunciation shall
be punished with the penalty of presidio cairecc(winal in its medium
and maximum degrees, if the crime imputed were grave; with that of
prision correccional in its minimum and medium degrees, if the crime
imputed were less grave; with that of arreoto mayor if the imputation
should have been of a misdemeanor; with the additional imposition in
each case of a fine of from 625 to 6,250 pesetas.
CHAPTER VII.
USURPATION OF OFFICE, RANK, AND TITLES, AND IMPROPER USE OF
NAMES, DRESS, INSIGNIA, AND DECORATIONS.
ART. 328. He who, without warrant or legitimate cause, shall exercise acts pertaining to an authority or public official, attributing to
himself an official character, shall be punished with the penalty of
]PiHsoin correccional in its minimum and medium ldegrees.
ART. 329. He who, attributing to himself the rank of professor,
shall publicly perform acts belonging to a faculty which can not be
filled without an official title, shall incur the penalty of a.resto mieayolr
in its maximum degree to pri.Son c/rrvecciUmal in its minimum degree.
ART. 330. He who shall assume and publicly attribute to himself




72


titles of nobility that do not belong to him shall incur a fine of from
625 to 6.250 pesetas.
ART. 331. He who shall publicly use an assumed name shall incur
the penalties of arresto mayor in its minimum and medium degrees
and a fine of from 325 to 3,250 pesetas.
If the purpose of the use of the assumed name were the concealment
of any crime, the evasion of a penalty, or the causing of any prejudice
to the State or to individuals, there shall be imposed on the culprit
the penalties of (Irr'Sto mayor in its medium and maximum degrees,
and a fine of from 375 to 3,750 pesetas.
Notwithstanding the provisions of this article, the use of an assumed
name may be temporarily authorized by the superior administrative
authority for sufficient cause.
ART. 332. The public official who, in the duties belonging to his
office, shall attribute to any person in connivance with him titles of
nobility or a name that does not belong to him, shall incur a fine of
from 375 to 3,750 pesetas.
AIT. 333. He who shall pullicly and unlawfully wear a uniform or
dress belonging to an office which he does not hold, or of a class to
which he does not belong, or of a rank not- his own, or insignia or
decorations that he is not authorized to wear, shall be punished with
the penalty of a fine of from 325 to 3,250 pesetas.
TITLE V.
VIOLATION OF THE LAWS RELATING TO INTERMENTS, VIOLATION OF SEPULCHERS
AND OFFENSES AGAINST PUBLIC HEALTH.
CHAPTER I.
VIOLATION OF LAWS RELATING TO INTERMENT AND VIOLATION OF
SEPULCH,RS.
ART. 334. He who shall conduct, or cause to be conducted, an interment in contravention of the provisions of the laws or regulations
with regard to the time, place, and other formalities prescribed for
interments, shall incur the penalties of arresto mCayor and a fine of
from 375 to 3,750 pesetas.
ART. 335. He who shall violate sepulchers or graves, committing
any acts whatsoever directly tending to detract from the respect due
the memory of the dead, shall be sentenced to the penalties of arrestc
lmayor and a fine of from 325 to 3,250 pesetas.
CHAPTER II.
OFFENSES AGAINST PUBLIC HEALTH.
ART. 336. He who, without having been duly authorized, shall
manufacture sulbstances injurious to health, or chemical products cap



73


able of causing great destruction, for the purpose of dealing therein,
or who shall send them out, or sell or deal in them, shall be punished
with the penalties of arresto mayor and a fine of from 625 to 6,250
pesetas.
ART. 337. He who being authorized to deal in substances which
might be injurious to health, or chemical products of the kind mentioned in the preceding article, shall transmit them or supply them,
without complying with the formalities prescribed in the respective
regulations, shall be punished with the penalties of arresto mayor' and
a fine of from 325 to 3,250 pesetas.
ART. 338. Pharmacists who shall send out adulterated medicines, or
shall substitute certain ones for others, or shall dispense them without complying with the formalities prescribed in the laws and regulations, shall be punished with the penalties of arresto mayor in its
maximum degree to prision coryeccional in its minimum degree and a
fine of from 325 to 3,250 pesetas.
If by reason of the sending dut of such medicines the death of a
person should have resulted, the penalty of pri,'4~, correccional in its
medium and maximum degrees and a fine of from 625 to 6,250 pesetas
shall be imposed upon the culprit.
ART. 339. The provisions of the two preceding articles are applicable to those who deal in the substances or products mentioned
therein, and the employees of the pharmacists, if they should be the
culprits.
ART. 340. He who shall exhume or transfer human remains in violation of the regulations and other sanitary provisions shall incur the
penalty of a fine of from 325 to 3,250 pesetas.
ART. 341. He who shall alter beverages or articles of food destined
for public consumption by any composition whatever noxious to
health, or who shall sell spoiled goods, or who shall manufacture or
sell objects whose use would be necessarily injurious to health, shall
be punished with the penalties of arresto mayor in its maximum degree
to ]rision correccional in its minimum degree and a fine of from 325 to
3,250 pesetas.
The adulterated goods and the articles injurious to health shall
always be destroyed.
ART. 342. The penalty prescribed in the foregoing article shall also
be imposed1. Upon a person who shall secrete or remove articles intended for
destruction or disinfection, with the object of selling or buying them.
2. Upon a person who shall throw into a spring, cistern, or river
the water of which is used for drinking purposes, any object which
should make the water injurious to health.




74


TITLE VI.
GAXBLING AND RAFFLES.
ART. 343. The bankers and proprietors of houses where games of
chance, stakes, or hazard are played shall be punished with the penalty
of arresto mayor and a fine of from 625 to 6,250 pesetas, and in case
of a repetition with those of arresto mayor in its maximum degree to
prision correccional in its minimum degree, and a fine double the
above mentioned.
The players who assemble at the houses referred to shall be punished
with those of arresto mayor in its minimum degree and a fine of from
325 to 3,250 pesetas. In case of repetition, with that of arresto mayor
in its medium degree and double the fine.
ART. 344. Those who shall use fraudulent devices to insure winning
in games of chance, stakes, or hazard, or in raffles duly authorized, shall
be punished as swindlers.
ART. 345. The money or other articles and the instruments and
tools used in gambling or raffles shall be confiscated.
TITLE VII.
OFFENSES COMMITTED BY PUBLIC EMPLOYEES IN THE DISCHARGE OF THEIR
OFFICES.
CHAPTER 1.
DERELICTION OF DUTY.
ART. 346. The judge who shall knowingly pass an unjust sentence
upon a guilty person in a criminal prosecution for crime shall incur
the penalty imposed by such sentence, if it should have been executed,
and in addition that of temporary absolute'disqualification in its maxi
mum degree to perpetual absolute disqualification.
ART. 347. The judge who shall knowingly pass an unjust sentence
upon a guilty person, if it should not have been put into execution,
shall be punished with the penalty next lower in degree than that
which he had imposed by such unjust sentence, if the crime were a
grave crime, and with that next lower by two degrees than the sentence
imposed if the crime were less grave.
In all the cases of this article there shall also be imposed on the culprit the penalty of temporary special disqualification in its maximum
degree to perpetual special disqualification.
ART. 348. If the unjust sentence should be knowin  passed upon a
criminal in a trial for a misdemeanor, the penalties  allh be those of
arresto mayor and temporary special disqualification:n its maximum
degree to perpetual special disqualification.




75


ART. 349. The judge who in a criminal prosecution shall knowingly
pass an unjust sentence on a criminal shall incur the penalty of primdSn
correccizal in its minimum and medium degrees and temporary special
disqualification in its maximum degree to perpetual special disqualification, if the cause were for a grave crime, and that of arresto mayor
in its maximum degree to prision correccional in its minimum degree
and the same disqualification if the prosecution were for a less grave
crime, and that of arresto mayor in its minimum degree and suspension,
if the prosecution were for a misdemeanor.
ART. 350. The judge who shall knowingly render an unjust judgment in a civil cause shall incur the penalties of arresto mnaywo in its
medium degree to prision correcciovna in its minimum degree and temporary special disqualification in its maximum degree to perpetual
special disqualification.
ART. 351. The judge who, on account of inexcusable negligence or
ignorance, shall render judgment or pass sentence in a civil or criminal
case that is manifestly unjust, shall incur the penalty of temporary
special disqualification in its maximum degree to perpetual special
disqualification.
ART. 352. The judge who shall knowingly pronounce an unjust interlocutory decree shall incur the penalty of suspension.
ART. 353. The judge who shall refuse to pass upon a cause under
pretext of obscurity, insufficiency, or silence of the law shall be punished with the penalty of suspension.
The judge guilty of malicious delay in the administration of justice
shall incur the same penalty.
ART. 354. The public official who shall knowingly render or advise
an unjust interlocutory decree or decision in a matter of administrative
litigation, or merely administrative, shall incur the penalty of temporary special disqualification in its maximum degree to perpetual special
disqualification.
The public official who shall render or advise, through inexcusable
negligence or ignorance, a manifestly unjust interlocutory decree or
decision in a matter of administrative litigation, or merely administrative, shall be punished with the same penalty.
ART. 355. The public official who, neglecting the duties of his office,
shall maliciously fail to move the prosecution and punishment of delinquents shall incur the penalty of temporary special disqualification
in its maximum degree to perpetual special disqualification.
ART. 356. The attorney or solicitor who, in malicious abuse of his
profession, or through inexcusable negligence or ignorance, shall
prejudice his client or disclose his secrets, of which he had gained
knowledge in the course of his professional duties, shall be punished
with a fine of from 625 to 6,250 pesetas.




76
ART. 359. The attorney or solicitor who, having been retained to
defend the cause of one party, shall subsequently, without his consent,
defend the opposite side in the same action or give counsel to the
same, shall be punished with the penalties of temporary special disqualification and a fine of from 325 to 3,250 pesetas.
CHAPTER II.
FAITHLESSNESS IN THE CUSTODY OF PRISONERS.
ART. 358. The public official guilty of connivance in the escape of
a prisoner whose conveyance and custody may have been intrusted to
him shall be punished1. In case the fugitive should have been finally sentenced to undergo
any penalty, with that lower than the same by two degrees; and that of
temporary special disqualification in its maximum degree, to perpetual
special disqualification.
2. With the penalty lower by three degrees than that prescribed by
law for the crime for which the fugitive was being tried, should he not
as yet have been finally condemned, and with that of temporary
special disqualification.
ART. 359. The individual who, being in charge of the conveyance
or custody of a prisoner or person under arrest, shall commit any of
the crimes mentioned in the preceding article shall be punished with
the penalties next lower in degree than those prescribed for public
officials.
CHAPTER III.
FAITHLESSNESS IN THE CUSTODY OF DOCUMENTS.
AIRT. 360. The public official who shall steal, destroy, or hide any
documents or papers intrusted to him by virtue of his office shall be
punishedI. With the penalties of prisio'n mayor and a fine of from 625 to
6,250 pesetas, provided that a grave injury to a third person or the
public interests has resulted from his action.
2. With those of pri.sion correccional in its minimum and medium
degrees and a fine of from 325 to 3,250 pesetas if the injury to the
third person or to the public interests were not grave.
In either case there shall, furthermore, be imposed the penalty of
temporary special disqualification in its maximum degree to perpetual
special disqualification.
ART. 361. The public official who, having charge of the custody of
papers or effects sealed by the authorities, should break the seals, or
consent that they be broken, shall be punished with the penalties of
Aj'i)i/,  correcciH(al in its mininmum and medium degrees, temporary




77


special disqualification in its maximum degree to perpetual special
disqualification, and a fine of from 625 to 6,250 pesetas.
ART. 362. The public official who, not being included in the foregoing article, should open, or consent to the opening, without proper
authorization, of closed papers or documents whose custody may have
been intrusted to him, shall incur the penalties of arresto mayor, temporary special disqualification, and a fine of fron 325 to 3,250 pesetas.
The penalties prescribed in the three preceding articles are also
applicable to ecclesiastics and to individuals intrusted temporarily
with the transmission or custody of documents or papers, by commission of the Government or of officials to whom they may have been
intrusted by virtue of their office.
CHAPTER IV.
VIOLATION OF SECRETS.
ART. 363. A public official who shall reveal the secrets of which he
may have knowledge by virtue of his office, or who shall wrongfully
deliver papers or copies of papers which he may have in his charge
and that should not be made public, shall incur the penalties of suspension in its minimum and medium degrees and a fine of fron 325 to
3,250 pesetas.
If serious injury to the public interest should be caused by the revelation or the delivery of the papers, the penalties shall be temporary
special disqualification in its maximun degree to perpetual special disqualification and prision correccional in its medium and maximum
degrees.
ART. 364. A public official who, by virtue of his office, knows the
secrets of an individual and reveals them shall incur the penalties of
suspension, arresto mayor, and a fine of from 325 to 3,250 pesetas.
CHAPTER V.
DISOBEDIENCE AND REFUSAL OF COOPERATION.
ART. 365. The judicial or administrative officials who shall openly
refuse to duly fullfil the sentences, decisions, or orders of a superior
authority, issued within the limits of its respective competency and
vested with the legal formalities, shall incur the penalties of temporary special disqualification in its maximum degree to perpetual
special disqualification and a fine of from 375 to 3,750 pesetas.
ART. 366. The official who, for any reason whatsoever (not, however,
one of those specified in the second paragraph of the preceding article), should have suspended the execution of the orders of his superiors, and should disobey after the former may have disapproved such
suspension, shall suffer the penalty of perpetual special disqualification and prision correccional in its minimum and medium degrees.




78


ART. 367. The public official who, upon the request of the competent authority, does not furnish the proper cooperation in the administration of justice or other public service, shall incur the penalty of
suspension in its minimum and medium degrees and a fine of from 325
to 3,250 pesetas.
If grave injury to the public interest or to a third person should
result from such omission, the penalties shall be those of perpetual
special disqualification and a fine of from 375 to 3,750 pesetas.
AIT. 368. He who shall refuse or decline to occupy an elective public office, without presenting a legal excuse to the proper authority, or
after the excuse shall have been rejected, shall incur a fine of from
375 to 3,750 pesetas.
CHAPTER VI.
ANTICIPATION, 'ROILONG(ATION, ANI) ABANDONMENT OF PUBLIC DUTIES.
ART. 369. He who shall enter upon the performance of a public
employment or office without having taken the oath in due form, or
given the bond required by law, shall be suspended from said employment or office until he complies with the respective formalities, and
shall incur a fine of from 325 to 3,250 pesetas.
ART. 370. The public official who shall continue in the exercise of
his employment, office, or commission after he must cease therein in
accordance with the laws or regulations or special provisions relating thereto, shall be punished with the penalties of temporary special
disqualification in its minimum degree and a fine of fromm325 to 3,250
pesetas.
ART. 371. The public official guilty of any of the offenses punished
in the two preceding articles, who should have received any fees or
emoluments by reason of his office or commission before he was qualified to exercise it, or after he should have discontinued therein, shall
be furthermore condemned to restore such sums, with a fine of from
10 to 50 per cent of their amouut.
ART. 372. The public official who shall abandon his employment
without his resignation having been accepted, to the injury of the
public interests, shall be punished with the penalty of suspension in
its medium and maximum degrees.
If the abandonment of such employment were made in order not to
hinder, prosecute, or punish any of the crimes included in Titles 1 and
2 of Book II of this Code, there shall be imposed upon the culprit the
penalty of priswio correccidnal, in its minimum to its medium degree;
and that of arresto may'or, if his purpose were not to prevent, prosecute, or punish any other kind of crime.




79


CHAPTER VII.
USURPATION OF PREROGATIVES, AND ILLEGAL APPOINTMENTS TO OFFICE.
ART. 373. The public official who shall infringe upon the prerogatives of the.legislative power, either by prescribing regulations or
general provisions in excess of his powers, or by annulling or suspending the execution of a law, shall incur the penalty of temporary special
disqualification and a fine of from 375 to 3,750 pesetas.
ART. 374. The judge who shall arrogate to himself prerogatives
belonging to the administrative authorities, or shall prevent the latter
from lawfully exercising their own, shall be punished with the penalty
of suspension.
The same penalty shall be incurred by every official of the administrative branch of the government who shall arrogate to himself judicial
prerogatives or prevent the execution of an interlocutory decree or
decision rendered by a competent judge.
ART. 375. The public official who, being legally warned by writ of
inhibition, should continue to act before the question of jurisdiction
has been decided, shall be punished with a fine of from 325 to 3,250
pesetas.
ART. 376. The administrative or military officials who shall give
orders or intimations to a judicial authority, relating to causes or
questions whose cognizance or decision is of the exclusive competency
of courts of justice, shall incur the penalties of suspension in its minimum and medium degrees and a fine of from 625 to 6,250 pesetas.
ART. 377. The ecclesiastic who, when requested by the competent
court, shall refuse to forward to the same the files requested for the
decision of an appeal made to the civil jurisdiction from the decision
rendered by an ecclesiastical court, shall be punished with the penalty
of temporary special disqualification.
A second offense shall be punished with that of perpetual special
disqualification.
ART. 378. The public official who knowingly shall recommend or
nominate for public office a person who does not have the legal qualifications shall be punished with the penalty of suspension and a fine
of from 325 to 3,250 pesetas.
CHAPTER VIII.
ABUSES AGAINST CHASTITY.
ART. 379. The public official who shall solicit a woman who has
applications before him awaiting his decision, or on which he has to
make a report or consult his superior, shall be punished with the
penalty of temporary special disqualification.




80


ART. 380. The warden of the prison who shall solicit a woman in
his custody shall be punisned with the penalty of yrision correcciional
in its medium to its maximum degree.
If the person solicited were the wife, daughter, sister, or a relation
by affinity within the same degrees, of a, person whom he had under
his charge, the penalty shall be pr'ision cYrreccional in its minimum to
its medium degree.
In every case he shall in addition incur the penalty of temporary
special disqualification in its maximum degree to perpetual special disqualification.
CHAPTER IX.
BRIBERY.
ART. 381. The public official who shall receive, directly or through an
intermediary, a gift or present, or who shall accept offers or promises
for his committing, in the discharge of his office, an act constituting
a crime, shall be punished with the penalties of prision correcci&nal
in its minimum to its medium degree and a fine of an amount equal up
to three times the value of the gift, without prejudice to the imposition
of the penalty pertaining to the crime committed in consideration of
the gift or promise, should it have been executed.
ART. 382. The public official who shall receive, directly or through
an intermediary, any gift or present, or who shall accept any offer or
promise, for the execution of an unjust act relating to the discharge
of his office not constituting a crime, and who shall execute it, shall
incur the penalty of l'csidio carreccional in its minimum and medium
degrees and a fine of an amount equal to three times the value of
the gift. If the unjust act was not actually executed, the penalties of
arresto mayor in its maximum degree to presidio correccional in its
minimum degree shall be imposed, and a fine of an amount equal to
double the value of the gift.
ART. 383. When the purpose of the gift received or promised was
that the public official should abstain from performing an act which he
should perform in the exercise of the duties of his office, the penalties
shall, be those of arresto mayor.x in its medium to its maximum degree
and a fine of from an amount equal to three times the value thereof.
ART. 384. The provisions of the three preceding articles shall be
applicable to jurors, arbiters, arbitrators, experts, mediators (hombres
buenos), or any persons whatsoever filling a public office.
ART. 385. The persons criminally liable for the crimes mentioned in
the foregoing articles shall incur, in addition to the penalties prescribed therein, that of temporary special disqualification.
ART. 386. The public official who shall accept presents given him in
consideration of his official position, shall be punished with suspension
in its minimum and medium degrees, and public censure.




81


ART. 387. Those who shall corrupt public officials with gifts, presents, offers, or promises, shall be punished with the same penalties as
those imposed on the officers suborned, excepting that of disqualification.
ART. 388. If the bribe should be offered in a criminal cause in favor
of the criminal, by his spouse or of any ascendant, descendant, brother,
or relation by affinity within the same degrees, there shall only be
imposed upon the culprit a fine equivalent to the value of the gift or
promise.
ART. 389. In every case the gifts or presents shall be confiscated.
CHAPTER X.
MISAPPROPRIATION (OF PU LI( FUNI)DS.
ART. 390. The public official who by reason of his duties has in his
charge public funds or property, and who should take or consent that
others should take the same, shall be punished:
1. With the penalty of arresto mayor in its maximum degree to presidio correccional in its minimum degree, if the amount taken should
not exceed 125 pesetas.
2. With that of presidio correcccioale in its medium and maximum
degrees, if it should have exceeded 125 and did not exceed 6,250 pesetas.
3. With that of presidio mayor; if it exceeded 6,250 and did not
exceed 125,000 pesetas.
4. With that of cadena temporal, if it exceeded 125,000 pesetas.
In any case, with that of temporary special disqualification in its
maximum degree to perpetual absolute disqualification.
ART. 391. The public official who, through inexcusable abandonment or negligence, should enable the peculation of public funds or
property referred to in numbers 2, 3, and 4, of the foregoing article,
by another person, shall incur the penalty of a fine equivalent to the
value of the money or property misappropriated.
ART. 392. The official who, to the detriment or hindrance of the
public service, shall apply to his own or to foreign purposes the
money or property placed under his charge, shall be punished with
the penalties of temporary special disqualification and a fine of from
20 to 50 per cent of the amount diverted.
If restitution be not made, the penalties prescribed in article 390
shall be imposed on him.
If such unlawful use of the funds were without detriment to or hindrance of the public service, he shall incur the penalties of suspension
and a fine of from 5 to 25 per cent of the amount diverted.
ART. 393. The public official who shall give to the funds or property
that he administers a public application different from that to which
they were destined, shall incur the penalties of temporary disquali1570    6




82


fication and a fine of from 5 to 50 per cent of the amount diverted, if
detriment to or hindrance of the public service to which they were
assigned should result therefrom; and otherwise, that of suspension.
ART. 394. The public official who, as a holder of State funds, should
be obliged to make a payment, and should not do so, shall be punished
with the penalties of suspension and a fine of from 5 to 25 per cent of
the amount unpaid.
This provision is applicable to the public official who, when required
by order of the competent authority, should refuse to deliver anything
placed under his custody or administration.
The fine shall in such case be graduated according to the value of
the thing and shall not be less than 325 pesetas.
ART. 395. The provisions of this chapter are applicable to those who
for any reason whatsoever have charge of funds, income, rents, or
properties, provincial or municipal, or belonging to an educational or
charitable institution, and to the administrators or depositaries of
funds attached, sequestrated, or deposited by a public authority, even
though they belong to individuals.
CHAPTER XI.
FRAUDS AND ILLEGAL EXACTIONS.
ART. 396. The public official who, while taking part by reason of
his office in any commission of supply, contracts, settlements, or liquidations of public effects or funds, shall act therein in concert with the
persons interested or speculators, or employ any other artifice to
defraud the State, shall incur the penalties of presidio( corrcccio7al in
its medium and maximum degrees and temporary special disqualification in its maximum degree to perpetual special disqualification.
ART 397. The public official who shall become personally interested,
directly or indirectly, in any kind of contract or transaction whatsoever,
in which he has to take part by reason of his office, shall be punished
with the penalties of temporary special disqualification and a fine of
from 10 to 50 per cent of the value of the interest which he may have
had in the transaction.
This provision is applicable to experts, referees, and private accomptants with regard to the property or things in the appraisal, partition,
or award of which they may have taken part, and to guardians of
persons and property, and to executors with regard to those of their
wards or testamentary beneficiaries.
ART. 398. The public official who shall, directly or indirectly, exact
higher fees than those to which he is entitled by reason of his office,
shall be punished with a fine of double to four times the amount
exacted.
A person habitually guilty of this offense shall, in addition, incur
the penalty of temporary special disqualification.




83


ART. 399. The public official who, taking advantage of his office,
shall commit any of the crimes specified in Chapter IV, Section I1,
Title XIII of this Book, shall incur in addition to the penalties
prescribed therein that of temporary special disqualification in its
maximum degree to perpetual special disqualification.
CHAPTER XII.
TRANSACTIONS FORBIDDEN PUBLIC EMPLOYEES.
ART. 400. The judges, officials of the department of public prosecution (ministerio fiscal), the military, administrative or financial
heads of a province or district, with the exception of mayors, who,
during the discharge of their office, shall directly or indirectly take
part in exchange, trade, or gain, transactions within the limits of their
jurisdiction or command, with regard to objects not the product of
their own property, shall be punished with the penalties of suspension
and a fine of from 625 to 6,250 pesetas.
This provision is not applicable to those who shall invest their funds
in the stock of a bank or any enterprise or company, provided they do
not hold therein any office or exercise any direct intervention, either
administrative or financial.
CHAPTER XIII.
GENERAL PROVISION.
ART. 401. For the purposes of this and of the preceding titles of
this book, every person shall be considered a public official who, by
the immediate provisions of law or by-popular election or appointment
by competent authority, takes part in the exercise of public functions.
-        TITLE VIII.
CRIMES AGAINST PERSONS.
CHAPTER I.
PARRICIDE.
ART. 402. He who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any other of his ascendants or descendants
or his spouse, shall be punished as a parricide, with the penalty of
cadenaperpetua to death.
CHAPTER 11.
ASSASSINATION.
ART. 403. He who, without being included in the preceding article,
shall kill any person, is guilty of assassination if the deed is attended




84


by any of the following circumstances: (1) With treachery; (2) For
price or promise of reward; (3) By means of flood, fire, or poison;
(4) With deliberate premeditation; (5) Withvindictivenessby deliberately and inhumanly increasing the suffering of the person attacked.
A person guilty of assassination shall be punished with the penalty
of cadecna temporal in its maximum degree to death.
CHAPTER III.
HOMICIDE.
ART. 404. He who, without being included in the provisions of
article 402, shall kill another without the attendance of any of the cir
cumstances specified in the foregoing article is guilty of homicide. A
person guilty of homicide shall be punished with the penalty of reclusc/, temporal.
ART. 405. When several persons are struggling and fighting together
confusedly and tumultuously, a death resulting therefrom the author
of which can not be ascertained, but those who inflicted serious wounds
are found, the latter shall be punished with the penalty of prision,miayor.
Should it not be proven who inflicted such serious wounds upon the
person assaulted, there shall be imposed upon everybody who used
violence against his person that of prisido  correccional in its medium
and maximum degrees.
ART. 406. He who gives his assistance to another to commit suicide
shall be punished with the penalty of prision mayor; if his assistance
should extend to the point of himself taking such person's life, he
shall be punished with the penalty of reclusion temporal.
CHAPTER IV.
PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS.
ART. 40T. The courts, taking into consideration the circumstances
of the deed, may punish the frustrated crimes of parricide, assassination, and homicide with a penalty lower by one degree to that which
ought to be applied according to article 65.
They may also reduce by one degree, according to the circumstances
of the deed, the penalty applicable to an attempt, according to article
65.
ART. 408. The act of discharging a firearm at any person shall be
punished with the penalty of priswion correccional in its minimum and
medium degrees, if all the circumstances of the deed necessary to constitute a frustrated crime or attempt at parricide, assassination, homicide, or any other crime for which a higher penalty is prescribed by
any of the articles of this code should not be attendant.




85


CHAPTER V.
INFANTICIDE.
ART. 409. The mother who, for the purpose of hiding her shame,
shall kill her child before it has reached the age of three days, shall
be punished with the penalty of prisin correccional in its medium
and maximum degrees.
The father or mother of a woman who, in order to hide their daughter's shame, commit this crime, shall be punished with the penalty of
prision mayor.
With the exception of these cases, he who shall kill a newly born
infant shall incur, according to the cases, the penalties prescribed for
parricide or assassination.
CHAPTER VI.
ABORTION.
ART. 410. He who shall intentionally cause an abortion shall be
punished:
1. With the penalty of reclusion temporal if violence should have
been used against the person of the pregnant woman.
2. With that of rision mayor if, even though violence should not
have been used, he acted without the consent of the woman.
3. With that of prision correccional in its medium and maximum
degrees if the woman should consent thereto.
ART. 411. He who shall occasion a miscarriage by his violence
without the intention of causing it, shall be punished with prisiin
correccional in its minimum and medium degrees.
ART. 412. The woman who shall cause her own abortion, or consent
to another person doing so, shall be punished with orisi4l correcional
in its medium and maximum degrees.
If she should do so to hide her shame, she shall incur the penalty of
prision correccional in its minimum and medium degrees.
ART. 413. A physician who, by wrongful use of his skill, shall cause
the abortion, or cooperate therein, shall respectively incur, in their
highest degrees, the penalties prescribed in article 410.
The pharmacist who, without the proper doctor's prescription, shall
sell a medicine for producing an abortion, shall incur the penalties of
arroeto mayor and a fine of from 325 to 3,250 pesetas.
CHAPTER VII.
PERSONAL INJURIES INFLICTED BY VIOLENCE (LESIONES).
ART. 414. He who shall purposely castrate another shall be punished with the penalty of recltwzciz  terporal to recltision peretua.




86


ARr. 415. Any other mutilation of the person, likewise purposely
committed, shall be punished with the penalty of reclusion temporal.
ART. 416. He who shall wound, bruise, or maltreat another shall
be punished as guilty of causing serious physical injuries:
1. With the penalty of prisi'n mayor if, as the result of the injuries,
the person assaulted became an imbecile, impotent, or blind.
2. WIith that of priswine correccional in its medium and maximum
degrees if, as a result of such injuries, the person assaulted shouldhave lost an eye or any principal member, or should have been hindered in the use thereof, or become useless for the occupation in which,
up to that time, he had been habitually engaged.
3. With the penalty of p2rision correccional in its minimum  and
medium degrees if, as the result of such injuries, the person assaulted
should have been deformed, or had lost a member not a principal one,
or should have had it rendered useless, or should have been, for a period
of more than ninety days, ill or disabled for his usual occupation.
4. With that of arresto mayor in its maximum degree to prision
correccional in its minimum degree, if such injuries should have occasioned the assaulted party an illness or disability for work lasting
more than thirty days.
If the act should be committed against any of the persons specified
in article 402, or with any of the attendant circumstances specified in
article 403, the penalties shall be those of reclusion temporal in its
medium and maximum degrees, in the case of number 1 of this article,
and that of prisinj correcGional in its maximum degree to prisiWn
mayor in its minimum degree in the case of number 2; that of prision
correccional in its medium and maximum degrees in the case of number 3, and that of p,'risiw;n correccional in its minimum and medium
degrees in the case of number 4 of the same.
The injuries which a father may cause his child in too severe a correction are not included in the preceding paragraph.
ART. 417. The penalties mentioned in the preceding article are
respectively applicable to the person who, without intent to kill, shall
cause another any grave injury by knowingly administering to him noxious substances or beverages, or by taking advantage of his credulity
or feebleness of mind.
ART. 418. Injuries not included in the preceding articles, which
shall render the injured person unable to work for eight days or more,
or shall require the care of a physician for a similar period, shall be
less grave, and shall be punished with arresto mayor or-banishment,
and a fine of from 325 to 3,250 pesetas, in the discretion of the courts.
When the. less grave injury should be inflicted with manifest intent
of outrage or under humiliating circumstances, in addition to arresto
mayor, a fine of from 325 to 3,250 pesetas shall be imposed.
ART. 419. Less grave injuries inflicted on parents, ascendants, guardians ot persons or property, teachers, or persons holding public rank




87


or authority, shall be punished always with pr sion colr'ccional in its
minimum and medium degrees.
ART. 420. When, in the quarrelsome brawl defined in article 405,
grave injuries should be inflicted upon any person and it can not be
ascertained who caused them, there shall be imposed the penalty immediately lower to that prescribed for the injuries inflicted upon everyone who shall appear to have exercised any violence upon the person
of the party assaulted.
ART. 421. He who shall mutilate himself or give his consent to his
mutilation for the purpose of securing his exemption from military
service, and shall have been declared exempt from such service on
account of said mutilation, shall incur the penalty of presidio crreccional in its medium and maximum degrees.
ART. 422. He who should disable another, with his consent, for the
purpose mentioned in the preceding article, shall incur the penalty of
presidio correccional in its minimum and medium degrees.
If he should have done the deed for remuneration the penalty shall
be that next higher in degree to that prescribed in the foregoing
paragraph.
If the person guilty of this crime were the father, mother, spouse;
brother, or brother-in-law of the person mutilated, the penalty shall
be that of arresto mayor in its medium dregree to pirsi on c(rvweccn'tal
in its minimum degree.
CHAPTER VIII.
G(ENERAL PROVISIONS.
ART. 423. The husband who shall surprise his wife in adultery atnd
shall kill her or her paramour in the act, or shall inflict upon them any
kind of grave physical injury, shall be punished with the penalty of
banishment.
If he should inflict upon them injuries of any other kind he shall be
exempt from punishment.
These rules are applicable under similar circumstances to fathers
with regard to their daughters under 23 years of age and their seducers,
while the former are living under the paternal roof.
The benefit of this article shall not be extended to those who may
have instigated or facilitated the prostitution of their wives or daugh-.
ters.
CHAPTER IX.
DUELING.
ART. 424. The authority who shall receive information that a duel
is being arranged shall proceed to the detention of the challenger and
that of the challenged party, if he shall have accepted the challenge,




88


and shall not set them at liberty until they give their words of honor
to desist from their purpose.
He who shall break his word, challenging his adversary anew, shall
be punished with the penalties of temporary absolute disqualification
from public office and coninamiento.
He who shall accept the challenge under similar circumstances shall
be punished with that of banishment.
ART. 425. He who shall kill his adversary in a duel shall be punished with the penalty of prision vmayor.
If he inflicts upon him the injuries described in number 1 of article
416, with that of 2prision correccional in its medium and maximum
degrees.
In any other case whatsoever the penalty of arresto mayor shall be
imposed upon the combatants, even though no injury should result.
ART. 426. In place of the penalties prescribed in the preceding article there shall be imposed, in case of homicide, that of cofilnamiento;
that of banishment in case of the physical injuries included in number
1 of article 416, and that of a fine of from 125 to 1,250 pesetas in all
other cases1. Upon the challenged person who should fight because he had not
obtained from his adversary an explanation of the reasons for the duel.
2. Upon the challenged person who should fight because of his adversalr having refused to accept adequate explanations or proper satisfaction for the offense given.
3. Upon a person insulted, who should fight because he had not been
able to obtain from the offender an adequate explanation or proper
satisfaction demanded.
ART. 427. The penalties prescribed in article 425 shall be imposed
in their maximum degrees1. Upon the person who shall challenge another to a duel without
explaining to his adversary, if he should demand them, the reasons
therefor.
2. Upon the person who having issued a challenge, although he
should do so with cause, should reject the adequate explanations or
proper satisfaction that his adversary may have offered him.
3. Upon the perlson who, having done his adversary any injury
whatsoever, shall refuse to give him sufficient explanations or proper
satisfaction.
ART. 428. He who shall incite another to send or accept t challenge
to a duel, shall be punished respectively with the penalties prescribed
in article 425, if the duel should take place.
ART. 429. He who shall revile or publicly discredit another for
having refused a challenge, shall incur the penalties prescribed for
grave acts of contumely.
ART. 430. The seconds of a duel. from which death or physical




89


injuries result, shall be respectively punished as principals with
premeditation in such offenses, should they have incited the duel or
employed any manner of treachery in carrying it out, or in the arrangement of its conditions.
They shall be considered as accomplices in the same crimes, if they
should have planned it to the death, or with known advantage on the
part of one of the combatants.
They shall incur the penalties of arresto mayor and a fine of from
625 to 6,250 pesetas, if they should not have done all in their power
to reconcile the disputants, or should not have agreed to arrange the
conditions of the duel in the manner the least dangerous possible for
the life of the combatants.
ART. 431. A duel which takes place without the attendance of two
or more seconds of legal age for each of the combatants, and without
their having selected the arms and arranged all the other conditions
thereof, shall be punished1. With prisii6n cwreccional, if neither death or wounds result
therefrom.
2. With the general penalties of this code, if they should result,
never falling below that of prision cowreccional.
ART. 432. There shall likewise be imposed the general penalties of
this code, and, in addition, that of temporary absolute disqualification1. Upon the person who shall provoke or give rise to a challenge,
with pecuniary interest or immoral purposes in view.
2. Upon the combatant who is guilty of treachery in disregarding
the conditions agreed upon by the seconds.
TITLE IX.
CRIMES AGAINST CHASTITY.
CHAPTER I.
ADULTERY.
ART. 433. Adultery shall be punished with the penalty of priion
crrreccional in its medium and maximum degrees.
Adultery is committed by the married woman who lies with a man
not her husband, and by him who lies with her knowing that she is
married, although the marriage be afterwards declared void.
ART. 434. No penalty shall be imposed for the crime of adultery
except upon the complaint of the aggrieved husband.
The latter can enter a complaint against both guilty parties, if alive,
and never, if he has consented to the adultery or pardoned either of
the culprits.




90


ART. 435. The husband may at any time obtain the remission of the
punishment imposed upon his wife.
In such case the adulterer's penalty shall also be considered as
remitted.
ART. 436. The final judgment rendered in a suit for divorce on the
ground of adultery shall have full effect as to penal consequences, if it
absolves the respondents.
If the judgment is condemnatory of the respondents, however, a
new proceeding shall be necessary in order to impose penalties upon
them.
ART. 437. The husband who shall keep a concubine in his home, or
out of it with scandal, shall be punished with the penalty of prisidn
coPrrecc;onal in its minimum and medium degrees.
The concubine shall be punished with banishment.
The provisions of articles 434 and 435 are applicable to the case
referred to in this article.
CHAPTER II.
RAPE (vfiol(ncwn) AND ABUSES OF CHASTITY.
ART. 438. The rape of a woman shall be punished with the penalty
of reclsio0n temporal.
Rape is committed by lying with a woman in any of the following
cases:
1. If force or intimidation shall be used.
2. If the woman be from any cause deprived of reason or unconscious.
3. If she is under 12 years of age, though none of the circumstances
mentioned in the two foregoing numbers be attendant.
ART. 439. Whosoever shall offend lewdly the person of one of either
sex, with the attendance of any of the circumstances mentioned in the
foregoing article, shall be punished according to the gravity of the
case with the penalty of prision crrreccional in its medium and maxilmum degrees.
CHAPTER III.
CRIMES OF PUBLIC SCANDAL.
ART. 440. He who being united by an indissoluble religious marriage should abandon his spouse and contract a new marriage with
another person, or vice versa, even though the latter should not be
indissoluble, shall incur the penalty of arresto mayor in its maximum
degree to p)ris'ion correccional in its minimum  degree and public
censure.




ART. 441. Those who in any way should offend modesty or good
morals by acts of grievous scandal or enormity, not expressly included
in other articles of this code, shall incur the penalty of arresto mayor
and public censure.
ART. 442. Those who shall preach or proclaim, with publicity and
scandal, doctrines contrary to public morals shall incur the penalty of
a fine of from 325 to 3,250 pesetas.
CHAPTER IV.
SEDUCTION AND CORRUPTION OF MINORS.
ART. 443. The seduction of a virgin over 12 and under 23 years of
age, committed by a public authority, priest, servant, domestic,
guardian, teacher, or by any person in charge of her education or
guardianship, under any name whatsoever, shall be punished with the
penalty of prision correcconal in its minimum and medium degrees.
Whosoever shall commit incest with his sister or descendant, even
though she were older than 23 years of age, shall incur the same
penalty.
Seduction, when committed with fraud by any other person on a
woman over 12 years of age but under 23, shall be punished with the
penalty of arresto mayor.
Any other unchaste abuse committed by the same persons and under
similar circumstances shall be punished with the same penalty.
ART. 444. Whosoever shall habitually, or, taking advantage of his
authority of another's trust, promote or facilitate the prostitution or
corruption of minors to satisfy the lusts of another, shall be punished
with the penalty of prisiow correcci(nal in its minimum and medium
degrees, and temporary absolute disqualification if he were an
authority.
CHAPTER V.
ABDUCTION (rapto).
ART. 445. The abduction of a woman, executed against her will and
with unchaste designs, shall be punished with the penalty of recllusi;
temporal.
The same penalty shall be imposed in all cases if the person
abducted were under 12 years of age.
ART. 446. The abduction of a virgin under 23 years of age and over
12, executed with her assent, shall be punished with the penalty of
prision correccional in its minimum and medium degrees.
ART. 447. Those guilty of the crime of abduction who shall not give




92


the whereabouts of the person abducted or satisfactory explanation of
her death or disappearance, shall be punished with the penalty of
cadeza peerpetua.
CHAPTER VI.
PROVISIONS COMMON TO THE PRECEDING CHAPTERS.
ART. 448. Criminal proceedings for seduction can only be instituted
on the complaint of the offended person or her parents, grand parents,
or guardian.
In order to proceed in cases of rape and in those of abduction corn
mitted with unchaste design, the denunciation of the interested party,
of her parents, grand parents, or guardians, shall suffice even though
they do not present a formal petition to the judge.
If the person injured should, by reason of her age or mental condition, lack the requisite personality to appear in court, and should,
besides, be wholly unprotected, not having parents, grand parents,
brothers, or guardian of person or property to denounce the crime, the
procurador sindico or the public prosecutor may do so, acting on the
strength of public rumor.
In all the cases of this article the express or implied pardon of
the offended party shall extinguish penal action or the penalty, if it
should have been already imposed on the culprit.
The pardon shall never be presumed, except by the marriage of the
offended party with the offender.
ART. 449. Those guilty of rape, seduction, or abduction shall be condemned also, by way of indemnification: 1. To endow the injured
woman, if she were unmarried or a widow; 2. To acknowledge the
offspring, if the character of its origin should not prevent it; 3. In all
cases, to support the offspring.
ART. 450. The ascendants, guardians of persons or property, masters, and any other persons whatsoever, who taking advantage of their
authority or trust, cooperate as accomplices in the perpetration of the
crimes included in the four preceding chapters, shall- be punished as
principals therein.
Teachers, or those charged in any manner whatsoever with the
education or management of the young, shall furthermore be condemned to the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 451. Those included in the preceding article, and any others
whatsoever, guilty of the corruption of minors in the interest of a
third person, shall be punished with the penalties of interdiction in the
right to exercise guardianship, and to be members of the family
council.




93


TITLE X.
CRIMES AGAINST HONOR.
CHAPTER 1.
CALUMNY.
ART. 452. Calumny is the false imputation of a crime of those subject to prosecution at the instance of the government (de offcio).
ART. 453. Calumny, put into writing and made public, shall be punished with the penalties of prision correccional in its minimum and
medium degrees, and a fine of from 1,250 to 12,500 pesetas if a grave
crime be charged, and with those of arresto mayor and a fine of from
625 to 6,250 pesetas if the crime charged be less grave.
ART. 454. When the calumny is not made public and put into writing
it shall be punished:
1. With the penalties of arresto mayor in its maximum degree and
a fine of from 625 to 6,250 pesetas if a grave crime be charged.
2. With that of arresto mayor in its minimum degree and a fine of
from 325 to 3,250 pesetas if a less grave crime be charged.
ART. 455. A person accused of calumny shall be exempt from all
punishment if he shall prove the criminal act charged.
The sentence establishing the calumny shall be published in the
official periodicals if the calumniated person should request it.
CHAPTER Ii.
CONTUMELY.
ART. 456. Contumely includes every expression pronounced, or
action executed, with a view to dishonoring or holding up to contempt
another person.
ART. 457. The following are grave acts of contumely:
1. The imputation of a crime of those subject to prosecution at the
instance of the government (de ofito).
2. That of a vice or a lack of morality, the consequences of which
might considerably damage the fame, credit, or interest of the person
offended.
3. Acts of contumely which by their nature, occasion, or circumstance, are ignominious in public opinion.
4. Those which reasonably deserve the classification of grave in
view of the condition, dignity, and personal circumstances of the
offended party and the offender.
ART. 477. Grave acts of contumely, put into writing and made public, shall be punished with the penalty of banishment in its medium
to its maximum degree, and a fine of from 625 to 6,250 pesetas.




94
If said circumstances should not be attendant, they shall be punished with the penalties of banishment in its minimum to its medium
degree, and a fine of from 325 to 3,250 pesetas.
ART. 459. Slight acts of contumely shall be punished with the penalties of arresto qmayor in its minimum degree and a fine of from 325
to 3,250 pesetas, if they are in writing and should be made public.
If these circumstances are not attendant, they shall be punished as
misdemeanors.
ART. 460. A person charged with acts of contumely shall not be
allowed to furnish evidence tending to prove the truth of his imputations, unless they shall have been directed at public officers about
matters concerning the performance of their duties.
In such case the defendant shall be acquitted if he prove the truth
of his imputations.
CHAPTER III.
GENERAL PROVISIONS.
ART. 461. The crime of calumny or contumely may be committed
not only openly, but by means of allegories, caricatures, emblems, or
allusions.
ART. 462. Calumny and contumely shall be considered as having
been committed in writing and made public when they are circulated
through the medium of printed, lithographed, or engraved papers, by
placards or lampoons posted in public places, or by manuscript communicated to more than ten persons.
ART. 463. Any person accused of the crime of calumny or contumely, covert or equivocal, who shall refuse to furnish the court with
a satisfactory explanation thereof, shall be punished as guilty of open
calumny or contumely.
ART, 464. The editors or printers of newspapers in which the calumlies or contumelies may have been published shall insert therein, within
the period fixed by law, or in the absence thereof by the court, the
apology or the condemnatory sentence, if the offended party should so
require.
ART. 465. An action for calumny or contumely may be brought by
the ascendants, descendants, spouses, and brothers of the deceased
offended party, provided the calumny or contumely reflects on them,
and in any case by the heir.
ART. 466. The action for calumny or contumely shall also be proper
when they should have been committed by means of publications in a
foreign country.
ART. 467. No one can institute an action for calumny or contumely
committed in judicial proceedings, without the previous permission of
the judge or tribunal having cognizance thereof.




95


No one shall be punished for calumny or contumely unless on complaint of the offended party, except when the offense is directed against
the public authority, corporations, or determined classes in the State,
and in the cases prescribed in Chapter V of Title III of this book.
For the purposes of the three chapters of this title, as an offended
party shall be considered not only the individual, but also any other
moral or judicial person legally authorized and represented.
A person guilty of calumny or contumely against individuals shall be
relieved from the penalty imposed by the pardon of the offended party.
For the purposes of this article the sovereigns and princes of friendly
or allied nations, their diplomatic agents, and foreigners with a public
character that according to treaties should be included in this provision, shall be considered as authorities.
A special initiative of the Government must precede any action relating to the cases mentioned in the foregoing paragraph.
TITLE XI.
CRIMES AGAINST THE CIVIL STATUS OF PERSONS.
CHAPTER 1.
FICTITIOUS REPRESENTATION OF CHILDBIRTH AND USURPATION OF
CIVIL STATUS.
ART. 468. Fictitious representation of childbirth and the substitution of one child for another shall be punished with the penalties of
presidio mayor and a fine of from 625 to 6,250 pesetas.
The same punishments shall be imposed on any person who should
hide or exposue a legitimate child with the intent to make him lose his
civil status.
ART. 469. The physician or public official who in taking advantage
of his profession or office should cooperate in the commission of any
of the crimes mentioned in the foregoing article shall incur the same
penalties, and furthermore that of temporary special disqualification.
ART. 470. He who shall usurp the civil status of another shall be
punished with the penalty of presidio mayor.
CHAPTER II.
CELEBRATION OF ILLEGAL MARRIAGES.
ART. 471. Any person who shall contract a second or subsequent
marriage without the prior marriage being lawfully dissolved shall
be punished with the penalty of prins'n mayor.
ART. 472. He who notwithstanding the existence of an impediment
for which no dispensation can be had shall contract a marriage shall
be punished with the penalty of prision correccional in its medium
and maximum degrees.




96


ART. 473. He who shall contract a marriage notwithstanding the
existence of an impediment for which dispensation could be had shall
be punished with a fine of from 325 to 3,250 pesetas.
If through his fault he shall not, after dispensation within the period
fixed by the court, have caused the marriage to be validated, he shall
be punished with the penalty of prisidn correccional in its medium
and maximum degrees, from which penalty he shall be released when
the marriage is made valid.
ART. 474. He who shall cause through surprise or deceit a parish
priest to take part in the celebration of an illegal marriage, valid, however, under the provisions of the church, shall be punished with the
penalty of prision correccional.
If he should have caused him to take part through violence or
intimidation he shall be punished with that of prision menor.
ART. 475. Any minor who shall contract a marriage without the
consent of his or her parents or of the persons who for such purposes
stand in their stead shall be punished with prisin correccional in its
minimum and medium degrees.
The culprit shall be pardoned as soon as the parents or persons
referred to in the foregoing paragraph approve the marriage contracted.
ART. 476. The widow who shall marry before 301 days have elapsed
from the death of her husband or before she is confined if she were
pregnant at the time of his death, shall incur the penalties of arresto
mayor and a fine of from 125 to 1,250 pesetas.
The same penalty shall be incurred by a woman whose marriage
should have been declared null and void if she should marry before
her confinement or before 301 days have elapsed from her legal
separation.
ART. 477. He who without previous dispensation shall contract a
marriage with his adopted children or descendants shall be punished
with the penalty of arresto mayor.
ART. 478. The guardian who before the judicial approval of his
accounts should contract a marriage with or should give his consent
to his children or descendants contracting it with the person whose
wardship he should have or should have had, unless the father of the
latter should have duly authorized such marriage, shall be punished
with the penalties of prision correccional in its medium and maximum
degree and a fine of from 325 to 3,250 pesetas.
ART. 479. The ecclesiastic or civil authority who shall perform a
marriage forbidden by law or in regard to which there is any impediment which can not be removed by dispensation, shall be punished
with the penalty of suspension in its medium and maximum degrees
and a fine of from 625 to 6,250 pesetas.
If the impediment could be removed by dispensation, the penalties
shall be those of banishment in its minimum degree and a fine of from
325 to 3,250 pesetas.




97


ART. 480. In all the cases of this chapter the person who contracted
marriage by deceit shall be adjudged to endow, according to his means,
the woman who contracted the marriage in good faith.
TITLE XII.
CRIMES AGAINST LIBERTY AND SECURITY.
CHAPTER I.
UNLAWFUL DETENTION.
ART. 481. Any private person who shall lock up or detain another,
ol in any way deprive him of his liberty, shall be punished with the
penalty of prision mayor. The same penalty shall be incurred by the
person who furnishes a place for the commission of this offense.
If the culprit should release the person locked up or detained,
within three days after his detention had commenced, without obtaining the object he had in view and without the commencement of proceedings, the penalties shall be lprisi c correccional in its minimum
and medium degrees and a fine of from 325 to 3,250 pesetas.
ART. 482. The crime referred to in the foregoing article shall be
punished with the penalty of reclsior temiporal:
1. If the imprisonment or detention should have lasted more than
twenty days.
2. If it should have been committed by the false assumption of public authority.
3. If grave physical injuries should have been inflicted on the person imprisoned or detained, or if he should have been threatened with
death.
ART. 483. Any person who, cases permitted by law being excepted,
shall, without sufficient reason, apprehend or detain a person in order
to turn him over to the authorities, shall be punished with the penalties of arresto mewor and a fine of from 325 to 3,250 pesetas.
He who shall unlawfully detain any person and should not state his
whereabouts, or should not prove that he had set said person at liberty,
shall be punished with the penalty of cadena temnoaral in its maximum
degree to cadena perpetza.
CHAPTER II.
ABDUCTION OF INFANTS.
ART. 484. The abduction of an infant under 7 years of age shall be
punished with the penalty of cadena temporal.
ART. 485. The same penalty shall be incurred by any person who,
being in charge of the person of a minor, shall not present him to his
parents or guardians, or give a satisfactory explanation concerning his
disappearance.
1570-   7




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ART. 486. He who shall induce a minor, but over the age of 7, to
abandon the house of his parents, guardians, or persons in charge
of him, shall be punished with the penalties of arresto mayor and a
fine of from 325 to 3.250 pesetas.
He who shall abduct a minor under 7 years of age, and not state his
whereabouts, or not prove that he had set him at liberty, shall be
punished with the penalty of cazdena temaoral in its maximum degree
to cadena peI)et?ua.
CIAPTER III.
ABANDONMENT OF CHILDREN AND SPECULATION IN THEIR WORK.
ART. 487. He who shall abandon a child under 7 years of age shall
be punished with the penalties of arresto mayor and a fine of from
325 to 3,250 pesetas.
If on account of the circumstances of the abandonment, the death of
a child is caused. the culprit shall be punished with the penalty of
p)r.'S'i, carrecc'ioad in its medium and maximum degrees.
If the child's life should have only been endangered, the punishment
shall also be that of ~prisio^ c(rreccio)ca. but in its minimum and
medium degrees.
The provisions of the two foregoing paragraphs must be considered
without prejudice to the punishment of the deed as may be proper if
it should constitute a graver crime.
ART. 488. He who being intrusted with the rearing or education of
a minor, should place him in charge of any public institution or
of another person. without the assent of the person who had confided
said minor to him, or of the public authority, in his absence, shall be
punished with a fine of from 325 to 3.250 pesetas.
He who shall abandon a child under 7 years of age and shall not
prove that he abandoned him without having committed any other
crime. shall incur the penalty of cadena tem2tporaCl in its maximum
degree to cadena t el2etat.
ART. 489. The penalties of p)ri.si0n corereccional in its minimum and.
medium degrees and a fine of 125 to 1,250 pesetas, prescribed in article
487 of the Penal Code. shall be incurred by:
1. Those who force boys or girls under 16 years of age to perform
any dangerous feats of balancing, strength, or contortion.
2. Those who, being engaged in the occupations of acrobats, gymnasts, rope dancers, divers animal tamers, bull fighters, managers of
circuses, or other similar employments, shall employ at performances
of this character boys or girls under 16 years of age who are not
children or descendants of theirs.
3. Ascendants who, being engaged in the professions mentioned in
the foregoing number, shall employ in the performances their descendants under the age of 12 years.




99


4. The ascendants, guardians, teachers, or persons in charge of a
person under 16 years of age, under any title, who shall deliver them
gratuitously to persons engaged in the occupations mentioned in
number 2, or who are habitual vagrants or mendicants.
If the delivery should take place for a price, recompense, or promise,
the penalty prescribed shall always be imposed in its maximum degree.
In either case the sentence shall include for the guardians of property or persons removal therefrom, and parents may he deprived, in
the discretion of the court, temporarily or permanently of the rights
of parental power.
5. Those who shall induce a person under 16 years of age to abandon
the domicile of their ascendants, guardians, or teachers, to follow the
individuals engaged in the occupations indicated, for the purposes of
vagrancy or begging.
ART. 490. The imposition of the penalties prescribed in the foregoing paragraphs is always understood without prejudice to the other
ones which may pertain to those incurring them for crimes and misdemeanors already provided for and punished in the penal code.
CHAPTER IV.
FORCIBLE ENTRY OF DWELLINGS.
ART. 491. Any private individual who shall enter another's dwelling against the will of the tenant thereof shall be punished with
arriesto mnayor' and a fine of from 325 to 3,250 pesetas.
If the deed were committed with violence or intimidation, the penalties shall be yl)ision, coreccional in its medium and maximum degree
and a fine of from 325 to 3,250 pesetas.
ART. 492. The provisions of the foregoing article are not applicable
to a person who enters another's dwelling in order to avoid a grave
injury to himself, to the tenants, or to a third person; nor to him
who should enter the same in order to render some service to humanity or justice.
ART. 493. The provisions of this chapter are not applicable to cafes,
taverns, inns, and other public houses while they are open.
CHAPTER V.
THREATS AND ACTS OF COMPULSION.
ART. 494. He who shall threaten another or his family with regard
to their persons, honor, or property, with an injury amounting to a
crime, shall be punished1. With the penalty next lower in degree to that prescribed by law
for the crime with which the person is threatened, if the threat should
have been made by exacting a sum of money or imposing some other




100


condition, even though not illegal, provided the culprit attained his
purpose. If the purpose were not attained, with the penalty lower
by two degrees.
The penalty shall be imposed in its maximum degree if the threats
should be made in writing or through the medium of an emissary.
2. With the penalties of arresto mayor and a fine of from 325 to
3.250 pesetas, if the threat should have been unconditional.
ART. 495. Threats of an injury not constituting a crime, made in
the manner mentioned in number 1 of the foregoing article, shall be
punished with the penalty of arresto mayor.
ART. 496. In all the cases of the two foregoing articles the person
making the threat may also be sentenced to give security not to offend
the person threatened and, in default thereof, to the penalty of
banishment.
ART. 497. Any person who, without lawful authorization, shall with
violence prevent another from doing what is not prohibited by law,
or shall compel him to do what he does not wish, whether just or
unjust, shall be punished with the penalties of avresto mayor and a fine
of from 325 to 3.250 pesetas.
ART. 498. He who with violence shall appropriate a thing belonging
to his debtor in order to pay himself therewith, shall be punished with
the penalties of arresto mayor in its minimum degree and a fine equivalent to the value of the thing, but in no case under 325 pesetas.
CHAPTER VI.
DISCOVERY AND REVELATION OF SECRETS.
ART. 499. He who, in order to discover another's secrets, shall take
possession of his papers or letters and divulge such secrets, shall be
punished with the penalties of 2rision correccional in its minimum and
medium degrees and a fine of from 325 to 3,250 pesetas.
If he does not disclose them, the penalties shall be arresto mnayor
and a fine of from 325 to 3,250 pesetas.
This provision is not applicable to husbands, parents, guardians, or
persons acting in their stead with regard to papers or letters belonginig to their wives, children, or minors under their custody.
ART. 500. The manager, clerk, or servant who, in such capacity,
may be informed of his employer's secrets, and shall divulge them,
shall be punished with the penalties of arresto cmayor and a fine of
from 325 to 3,250 pesetas.
ART. 501. The manager, employee, or laborer in a factory or other
industrial concern who, to the prejudice of the owner's interests, shall
disclose the secrets of his industry, shall be punished with the penalties of prisin.correccio2nal in its minimum and medium degrees and a
fine of from from 325 to 3,250 pesetas.




101


TITLE XIII.
CRIMES AGAINST PROPERTY.
CHAPTER I.
ROBBERY.
ART. 502. Those who, with intent of profiting thereby. shall take
possession of the personal property of another, with violence or intimidation of the person or by employing force with regard to the personal property, are guilty of the crime of robbery.
ART. 503. A person guilty of robbery with violence or intimidation
of the person shall be punished:
1. With the penalty of cadena perpetua to death, if on account or on
the occasion of the robbery there results homicide.
2. With the penalty of cadena temporal in its mediumn degree to
caderna perpetua, if the robbery should be accompanied by violation or
mutilation caused purposely, or if on account or on the occasion of
the robbery any of the injuries punished in No. 1 of article 416
should be inflicted; or should the robbed person be detained for ransorm, or for more than one day.
3. With the penalty of cadena temporal, if, on the same account or
occasion, some of the injuries punished in No. 2 of the article mentioned in the foregoing number should be inflicted.
4. With the penalty of presidio mayor in its medium degree to cadena
temporal in its minimum degree, if the violence or intimidation that
should have attended the robbery were of a gravity manifestly unnecessary for its execution; or if, in the perpetration of the crime, injuries of the kind mentioned in Nos. 3 and 4 of said article 416 should
have been inflicted by the delinquents upon persons not responsible
for the crime.
5. With the penalty of 2)residioe corrccional to piresidio mayor in its
medium degree in other cases.
ART. 504. If the crimes referred to in Nos. 3, 4, and 5 of the foregoing article should have been committed in an uninhabited place and
by a gang, or by attacking a moving train, or by entering passenger
compartments, or by surprising passengers in any manner whatsoever
within the cars, the penalty shall be imposed on the culprits in the
maximum degree.
Upon the chief of the gang, if it should be wholly or partially
armed, there shall be imposed in the same cases the penalty next
higher.
ART. 505. A gang exists if more than three armed malefactors unite
in the robbery.
The malefactors present at the commission of a robbery in an uninhabited place and by a gang shall be punished as principals iniany of




102


the outrages committed by the gang, if there is no evidence that they
endeavored to prevent them.
The malefactor who habitually travels with the gang shall be presumed to have been present at all the attempts committed by it, unless
there be proof to the contrary.
ART. 506. The attempt and frustrated crime of robbery, committed
with the crime mentioned in No. 1 of article 503, shall be punished
with the penalty of cadena tenmporal in its maximum degree to cadena
perpetua, unless the homicide committed should deserve a greater
penalty according to the provisions of this code.
ART. 507. He who, in order to defraud another, should force him
by violence or intimidation to sign, execute, or deliver a public instrument or document shall be punished as guilty of robbery, with the
penalties respectively prescribed in this chapter.
ART. 508. Those who should with arms rob an inhabited house or
public building, or one dedicated to religious worship, shall be punished with the penalty of presidio mayor in its medium degree to
cadefna temp2)oral in its minimum degree, if the value of the articles
stolen should exceed 1,250 pesetas, and the malefactors should have
entered the house or building where the robbery was committed, or
any of its dependencies, by one of the following means:
1. By wrongful entry.'
2. By breaking through a wall, ceiling, or floor, or by forcing a
door or window.
3. By making use of false keys, picklocks, or other similar instruments.
4. By breaking open doors, wardrobes, etc., coffers, or any other
kind of furniture or locked or sealed objects, or by taking the same
away to be broken or forced open outside the place of robbery.
5. By making use of fictitious names or simulation of authority.
If the malefactors should not carry arms and the extent of the robbery should exceed 1,250 pesetas, the penalty next lower shall be
imposed.
The same rule shall be observed if the malefactors shall carry arms
but the extent of the robbery does not exceed 1,250 pesetas.
If they do not carry arms, nor does the extent of the robbery exceed
1,250 pesetas, the penalty prescribed in the two preceding paragraphs
shall be imposed on the culprits in its minimum degree.
ART. 509. If the crimes referred to in the foregoing articles should
have been committed in an uninhabited place and by a gang, or if the
property robbed should have been articles dedicated to religious worship, the penalty shall be imposed on the culprits in its maximum
degree.
ART. 510. Any lodging that shall constitute the dwelling place of
See article 10, No. 23.




103


one or more persons shall be considered an inhabited house even if
they should be accidentally absent therefrom when the robbery takes
place.
As dependencies of an inhabited house or public building, or one
dedicated to religious worship, shall be considered its courts, corrals,
shops, graneries, mows, stables, stalls, and other divisions or inclosures contiguous to the building, having interior communication therewith so that the whole constitutes one entire place.
The orchards and other grounds destined to the cultivation or product of the soil shall not be included in the foregoing paragraph even
if they are fenced in adjoining the building and have interior communication therewith.
ART. 511. If the robbery referred to in article 508 should have been
committed in a dependency of an inhabited house, public building, or
one dedicated to religious worship, by means of the culprits entering
the same by climbing an exterior wall, and should have been limited
to the taking of nutritious grains, products, or wood, and the value of
the things robbed should not exceed 65 pesetas, there shall be imposed
on the culprits the penalty of arcresto cymayor in its medium egreed to
prision correccional in its minimum degree.
ART. 512. The robbery committed in an uninhabited place, or in a
building that is not one of those mentioned in the first paragraph of
article 508, if the value of the objects robbed should exceed 1,250
pesetas, shall be punished with the penalty of presidio coi'eci(lona in
its medium and maximum degrees, provided that any of the following
circumstances be attendant.
1. Wrongful entry.
2. The breaking of walls, roofs, or floors, the forcing of outer doors
or windows.
3. Having made use of false keys, picklocks, or other similar instruments, to enter the place of the robbery.
4. The forcing of doors, wardrobes, etc., coffers, or any other kind
of furnitnre, or locked or sealed objects.
5. The removal of the locked or sealed objects referred to in the
preceding paragraph, even though they be broken into outside the
place of the robbery.
If the value of the objects robbed does not exceed 1,250 pesetas the
penalty next lower shall be imposed.
ART. 513. In the cases of the preceding article a robbery not involving a value of more than 65 pesetas shall be punished with arresto
acyor in its medium and maximum degrees.
If the things robbed were of those mentioned in article 511 the
penalty next lower shall be imposed.
ART. 514. The robbery referred to in articles 511, 512, and 513 shall
be punished with the penalty next higher if the culprit were a recidivist two or more times.




104


ART. 515. He who shall have in his possession picklocks, or other
tools specially designed to commit the crime of robbery, and shall not
give a satisfactory explanation as to the manner he acquired or kept
them, shall be punished with the penalty of arresto mayor in its maximum degree to presidio correccional in its minimum degree.
The stle penalty shall be incurred by those who manufacture said
tools. If they be locksmiths, the penalty of pres.idio correeeional in
its medium and maximum degree shall be imposed.
ART. 516. The following are considered as false keys:
1. The tools referred to in the preceding article.
2. True keys stolen from the owner.
3. Any others not used by the owner in opening the lock the criminal mlay have tampered with.
CHAPTER II.
THEFT.
ART. 517. The following are guilty of theft:
1. Those who, with intent of gain and without violence or intimidation against the person or force against things, shall take another's
personal property without the owner's consent.
2. Those who finding something lost, and knowing who its owner is,
appropriate it with the intent of profit.
3. Those committing damage to property, who remove or utilize
the result or the object of the damage so caused, except in the cases
provided for in Nos. 1, 2, and 3 of article 592, No. 1 of article 595,
and articles 596, 598, and 603.
ART. 578. Those guilty of theft shall be punished1. With the penalty of p2residio correcccionc in its medium and
maximum degrees if the value of the stolen property should exceed
6.250 pesetas.
2. With the penalty of lpr'esidio correccio7al in its minimum and
medium degrees should it not exceed 6,250 pesetas and be more than
1,250( pesetas.
3. With arresto nmayor in its medium degree to presidio correccio(ral in its minimum degree should it not exceed 1,250 pesetas and
be more than 250 pesetas.
4. With arresto mayor to its fullest extent should it be more than
25 but not exceed 250 pesetas.
5. With narresto mayor in its minimum and medium degrees if it
should not exceed 25 pesetas; if exceeding 25 and not more than 65
pesetas, a theft of nutritious grains, fruits, or wood shall be punished
with a fine of from 325 to 500 pesetas.
ART. 519. The following shall also be punished with the penalty of
arrsto mayor' in its minimum and medium degrees:
lie who shall enter an inclosed estate, or a place where trespass is




105
forbidden, to hunt or fish, employing violence or intimidation against
the person or force against things.
He who under the same conditions shall hunt or fish on an estate or
fields without the permission of the owner, employing means forbidden by the ordinances.
If the circumstances mentioned in the two foregoing paragraphs
shall occur simultaneously the culprit shall be punished with the
penalty of arresto mayor in its maximum degree.
ART. 520. Theft shall be punished with penalties next higher in
degree to those respectively prescribed in the two preceding articles1. If the stolen objects were things dedicated to worship, or if the
deed were committed during a religious ceremony, or in an edifice
dedicated to the celebration thereof.
2. If the thief were a domestic, or if the deed were committed
through a gross breach of trust.
3. If the culprit were a recidivist two or more times.
CHAPTER III.
USURPATION.
ART. 521. Whosoever with violence or intimidation against persons
shall occupy any real property or usurp a property right of another
shall incur, in addition to the penalties which he may have incurred
for the violence committed by him, a fine of 50 to 100 per cent of the
profit he may have derived therefrom. never being less than 325
pesetas.
Should it not be possible to estimate said profit, a fine of from 325
to 3,250 pesetas shall be imposed.
ART. 522. Whosoever shall alter boundaries or landmarks of towns
or estates, or any other marks intended to fix the limits of adjoining
estates, shall be punished with a fine of from 50 to 100 per cent of the
profit he may have derived or might have been able to derive therefrom.
Should it be impossible to estimate said profit, a fine of from 325 to
3,250 pesetas shall be imposed upon him.
CHAPTER IV.
FRAUDS.
SECTION I. -Absconding and crvi,linfal failure anr ie nsolvency.
ART. 523. He who shall abscond with his property for the purpose
of defrauding his creditors shall be punished with the penalty of
presidio mayon r if he were a merchant, and otherwise with that of
presidio correccional in its maximum degree to presidio mayor in its
medium degree.




106
ART. 524. The bankrupt merchant who should be declared guilty of
fraudulent insolvency in accordance with the Code of Commerce shall
be punished with the penalty of presidio correccional in its maximum
degree to pjrec.sdio mayor in its medium degree.
ART. 525. The bankrupt merchant who should be declared guilty of
culpable insolvency through any of the causes mentioned in article
1005 of the Code of Commerce shall incur the penalty of p'risiO
cor'i',:ccoai in its minimum and medium degrees.
Bankrupt merchants who should not have kept books of account in
the manner and with all the requisites prescribed in the second section
of Title II, Book I, of the Code of Commerce, if, owing to the defects
and omissions therein, prejudice should have resulted to a third person. and those who should not have declared themselves-in bankruptcy
within the period and in the manner prescribed in article 1017 of said
codeo, shall be punished with the penalty of arresto mayor.
ART. 526. Ini the cases of the two preceding articles, if the loss
occasioned to the creditors should not reach 10 per cent of the respective credits, the penalties next lower to those prescribed in said articles
shall be imposed upon the bankrupt.
If the loss should exceed 50 per cent, the penalties prescribed in
the said articles shall be imposed in their maximum degree.
ART. 527. The penalties prescribed in the three preceding articles
are applicable to merchants, even if not registered, if they are habitually engaged in trade.
ART. 528. Those who shall commit any of the acts mentioned in
article 1010 of the Code of Commerce shall be punished as accomplices in the crime of fraudulent'insolvency.
ART. 529. The bankrupt not a merchant whose insolvency should
be a result, in whole or in part, of any of the following causes shall
incur the penalty of arre.sto?mayo)' in its maximum degree to prision
co'rr',cc.'ona in its minimum degree:
1. To have had domestic personal expenses in excess of and out of
proportion to his means, considering the circumstances of his rank
and family.
2. To have lost il any kind of games sums in excess of what an
orderly father of family should risk by way of recreation in that sort
of entertainment.
3. To have suffered losses in heavy bettings, fictitious purchases and
sales, or in any other exchange transactions whose success depends
exclusively on chance.
4. To have disposed of goods at a notable loss whose purchase price
was still unpaid.
5. To delay in declaring his bankruptcy when his liabilities are
three times his assets.
ART. 530. The bankrupt, not a merchant, whose insolvency should
have resulted in whole or in-part fron any of the following acts, shall




107


incur the penalty of presidio correecional in its maximum degree to
presidio mayor in its minimum degree:
1. From having included fictitious expenses, losses, or debts, or
concealed properties or rights, in the statement of liabilities, the
report of his assets, or the reports presented by him to the judicial
authority.
2. From having appropriated or diverted properties belonging to
others, which had been placed on deposit with him or given him on
commission or for his management.
3. From having simulated the alienation or any incumbrance of
property, debts, or obligations.
4. From having acquired properties for a' valuable consideration
in the name of another person.
5. From having anticipated, to the prejudice of creditors, payments
not due until a period after the declaration of bankruptcy.
6. From  having diverted, after the declaration of bankruptcy,
securities belonging to the assets.
ART. 531. The provisions contained in article 526 are applicable to
the two preceding articles.
ART. 532. The following shall be punished as accomplices in the
crime of fraudulent insolvency, committed by a debtor not engaged in
commerce, who shall perform any of the following acts:
1. Enter into an understanding with the bankrupt, who is not a
merchant, in order to create a fictitious liability as against him: or to
increase any liability of his, or to alter its character or date, for the
purpose of obtaining preference in fraud of the other creditors, even
though this should take place before the declaration of bankruptcy.
2. Assist the bankrupt who is not a merchant in the concealment or
conveyance of his property.
3. Conceal from the trustees of the bankrupt, who is not a merchant,
the existence of property belonging to him, which was in the possession of the culprit, or delivered to the bankrupt instead of to 'said
trustees.
4. Make private agreements with the bankrupt, who is not a
merchant, in fraud of other creditors.
ART. 533. The penalties prescribed in this chapter shall be imposed,
in their maximum to their medium degree, upon the bankrupt, who is
or is not a merchant, who should not restore any deposit made with
him under stress or necessity (deposito miserable o necesario).
SECTION II.-Swindles and other false pretenses.
ART. 534. A person who shall defraud another in the substance,
quantity, or quality of things he may deliver to him, by virtue of an
obligation, shall be punished —
1. With the penalty of arresto mayor in its minimum and medium
degrees if the fraud should not exceed 250 pesetas in amount.




108
2. With that of arresto mayor in its medium degree to presidio crreccfioncal in its minimum degree if it should exceed 250 pesetas and
not be more than 6,250 pesetas.
3. With that of 2ri-sidio correccional in its minimum and medium
degrees if it should exceed 6,250 pesetas.
ART. 535. The following shall incur the penalties of the preceding
articles:
1. He who shall defraud others by using a fictitious name, by
assuming fictitious power, influence, or attributes, or by pretending
to possess imaginary property, credit, commission, enterprises, or
business, or by using any other similar deceit that is not one of those
mentioned in the following cases.
2. The silversmiths and jewelers who shall commit a fraud by altering the quality, alloy, or weight of articles pertaining to their art or
commerce.
3. The traders who shall defraud others by using short weights or
measures in the sale of the objects of their traffic.
4. Those who shall commit a fraud under the false pretext of having
had to pay an unlawful gratuity to public employees without prejudice
to the action for calumny pertaining to the latter.
The penalties shall be imposed in their maximum degrees on the
persons mentioned in the three preceding numbers.
5. Those who, to the prejudice of another,'shall appropriate or misapply any money, goods, or any kind of personal property which they
may have received as a deposit on commission for administration or in
ani other character producing the obligation to deliver or return the
same, or who shall deny having received it.
The penalties shall be imposed in their maximum degree in case of
deposits made under stress or necessity.
6. Those who shall commit any fraud by taking advantage of
another's signature in blank and by means thereof filling up any
document to his prejudice or that of a third person.
7. Those who shall commit fraud by causing another to subscribe a
document by the use of deceit.
8. Those who shall employ fraud in gambling, in order to insure
winning.
9. Those who shall commit fraud by withdrawing, concealing, or
destroying, in whole or in part, any process, record, document, or any
other paper of any character whatsoever.
If the same crime should be committed without the intent to defraud,
a fine of from 325 to 3,250 pesetas shall be imposed on the author.
ART. 536. The crimes referred to in the three preceding numbers
shall be punished with the penalty respectively higher by one degree,
if the culprits should be two or more times recidivists in the same or
a similar kind of crime.




109


ART. 537. He who, pretending to be the owner of real property,
should convey, rent, encumber, or pledge it, shall be punished with
the penalty of arresto mzayw in its minimum and medium degrees and
a fine of an amount equal to three times the amount of the loss he may
have caused.
The same penalty shall be incurred by the person who shall dispose
of any property as free and clear, knowing it to be encumbered.
ART. 538. The following shall incur the penalties prescribed in the
foregoing article:
1. The owner of any personal property who shall abstract it from
the person who has it legitimately in his possession, to the prejudice
of the same or of a third person.
2. He who shall execute a fictitious contract to the prejudice of
another.
ART. 539. Those who shall commit any fraud with regard to literary
or industrial property shall also incur the penalties prescribed in
article 537.
ART. 540. A person who, by taking advantage of the inexperience
or passions of a minor, should induce him to execute to hit prejudice
any obligation, discharge or transfer of rights, in consideration of a
loan of money, a credit or other personal property. whether the loan
clearly appears or is clothed in another form, shall be punished with
the penalties of arresto mayor and a fine of from ten to fifty per cent
of the amount of the obligation incurred by the minor.
ART. 541. He who shall defraud or prejudice another by employing
any deceit not specified in the preceding articles of this section shall
be punished with a fine of an amount equal to double that of the
loss occasioned, and in case of a repetition with a fine of double the
amount and arresto mayor in its medium to its maximum degrees.
CHAPTER VI.
PLOTS TO ALTER THE PRICES OF THINGS.
ART. 542. Those who shall request a gift or promise in consideration of taking no part in a public auction, and those who shall attempt
to keep away any bidders therefrom by means of threats, gifts, promises, or any other artifice, for the purpose of altering the price to be
obtained from the sale, shall be punished with a fine of from 14) to 50
per cent of the value of the things auctioned, unless they should have
deserved a severer fine by reason of the threats or other means
employed.
ART. 543. Those who combine to enhance or lower the price of labor
or regulate its conditions wrongfully, provided such combination has
begun to be carried into effect, shall be punished with the penalty of
arresto mayor.




110


This penalty shall be imposed in its maximum degree on the leaders
and promoters of the combination, and on those who shall employ violence or threats to insure its success, unless they deserve a higher
penalty by reason thereof.
ART. 544. Persons who, by spreading false rumors or by using any
other artifice, should succeed in altering the natural prices resulting
from free competition in merchandise, stocks, public or private securities. or any other things which may be the object of trade, shall be
punished with the penalties of (arresto mayor and a fine of from 1,250
to 12.500 pesetas.
ART. 545. If the fraud mentioned in the foregoing article should
relate to food stuffs or other objects of primary necessity, the penalty
shall be imposed in its maximum degree.
For the imposition of this penalty it shall suffice that the combination should have commenced to be carried out.
CHAPTER VII.
PA-WNBROKING ESTABLISHMENTS.
ART. 54C). A person who being engaged in the business of making
loans upon pledges. salaries: or wages shall not keep books of account and
enter therein without leaving blank spaces or interlining, the amounts
loaned, their terms or interest, the names and residences of those
who receive -them, the nature, quality, and value of the articles
pledged, and the other circumstances required by the regulations,
shall be punished with a fine of from 1,250 pesetas to 12,500 pesetas.
A RT. 547.. pawnbroker who shall not give a receipt for-the pledge
or security received shall be punished with a fine of from double to
five times its value.
CHAPTER VIII.
ARSON AND) OTHER MALICIOUS DESTRUCTION OF PROPERTY.
ART. 54S. The following shall be punished with the penalty of
cd:,^n! tweplloral in its maximum degree to cacdena lepetcta:
1. Those who shall set fire to an arsenal, dockyard, warehouse,
establishment for the manufacture of gunpowder or military fireworks,
park of artillery, archives, or general museum of the State.
2. Those who shall set fire to a moving passenger train or a vessel
away from port.
3. Those who shall set fire in a populous place to a storehouse containng inflammables or explosives.
4. Those who shall set fire to a theater, church, or other edifice
devoted to meetings, if a number of people shall have gathered
therein.




111


ART. 549. Those who shall set fire to any edifice, farmhouse, hut,
shed, or vessel in port, with knowledge that one or more persons were
within the same, shall be punished with a penalty of cadena temporal
to cadena perpetua.
ART. 550. The penalty of cadena termporal shall be imposed:
1. Upon those who shall set fire to a public edifice if the damage
caused exceeds 6,250 pesetas.
2. Upon those who set fire to an inhabited house or any edifice whatsoever, in which several persons habitually meet, not knowing whether
or not there were people therein, or a moving freight train if the
damage causedin said cases should also exceed 6,250 pesetas.
ART. 551. The following shall be punished with the penalty of
presidio inayor:
1. Those who shall commit any of the crimes included in the preceding article if the amount of the injury caused should not exceed
6,250 pesetas.
2. Those who shall set fire to a house irot used as a dwelling or
meeting place, but in a populous district, if the amount of the damage
caused should exceed 6,250 pesetas.
3. Those who shall set fire to sugar mills, cane fields, or other similar
plantations if the damage caused should exceed 6_250 pesetas.
ART. 552. If the damage caused in the cases of nlmbers 2 and 3 of
the foregoing article should not exceed 6,250 pesetas, but should be
more than 650, there shall be imposed upon the culprit the penalty of
presidi'o correceional in its medium and maxinum degrees.
If it should not exceed 650 pesetas, the penalty o f lprs.d;;o co,'eccional in its minimum and medium degrees shall be imposed.
ART. 553. The following shall be punished with the penalty of
presidio Correccional in its niaxinum degree to 2re8'dio 'mayor in its
medium degree if the damage caused shall exceed 6.250 pesetas:
1; Those who shall set fire to an edifice used as a dwelling ill an
uninhabited place.
2. Those who shall set fire to grain, pastures, woods, or plantings.
ART. 554. If the damage caused in any of the cases of the foregoing
article should exceed 650, but not be more than 6,250 pesetas, the
penalty shall be that of presid;o correccional in its medium degree to
presidio mayor in its minimum degree.
ART. 555. If it should not have amounted to 650 pesetas, the penalty
next lower by one degree shall be imposed, provided fire should have
been set to a building; and that lower by two degrees if it should
have been set to grain, pasture lands, woods, or plantings.
ART. 556. When, by reason of having set fire to grain, pastures,
woods, or plantings, there should have been danger of its spreading,
on account of other properties being adjacent to those on fire, there
shall be imposed a penalty higher by one degree to that prescribed
fox the crime.




112


ART. 557. Setting fire to things not included in the preceding articles shall be punished1. With the penalty of arresto mayor in its medium and maximum
degrees if the damage caused did not exceed 125 pesetas.
2. With the penalty of arresto mayor in its maximum degree to
presidio correccional in its minimum- degree if the damage caused
should exceed 125 but not be more than 1,250 pesetas.
3. With that of presidio correccional in its minimum and medium
degrees if ^the damage caused should exceed 1,250 and not be more
than 6,250 pesetas.
4. And with that of presidio correccional in its medium and maximum degrees if it should exceed 6,250 pesetas.
AnT. 558. InI case of fire having been set to huts, ricks, or sheds
that are unoccupied, or to any other object whose value does not
exceed 625 pesetas, at a time or under circumstances that manifestly
exclude any danger of its spreading, the culprit shall not incur the
penalties prescribed in this chapter, but those he may deserve for the
damage caused, in accordance with the provisions of the following
chapter.
ART. 559. The following shall respectively incur the penalties of
this chapter: Those who shall cause destruction of property by the
sinking or stranding of a vessel; by causing an inundation; the explosion of a mine or steam engine; by removing rails from a railroad;
by changing maliciously the signals employed in the service of the
latter for the safety of moving trains; by the destruction of telegraph
wires and poles; and, in general, by the employment of any other
agency or medium of destruction as powerful as those mentioned.
AIRT. 560. A person guilty of the burning or damage of another's
property shall not be exempted from the penalties imposed in this
chapter, even though, in order to commit the crime, he may have
burned or damaged property of his own.
ART. 561. If the things set on fire belonged exclusively to the incendiary there shall be imposed upon him the penalty of.arresto mzayor in
its maximum degree to prision, correccional in its minimum degree if
the fire should either have been caused with intent to defraud the rights
of a third person or to cause him any prejudice; or if even without this
intention such prejudice had been caused him, or if the thing set on fire
should have been a building in a populous spot.
CHAPTER IX.
IAMIAGE TO PROPERTY.
ART. 562. Those who cause any damage to property of others not
specified in the preceding chapter are guilty of injuries to property
and subject to the penalties of this chapter.




113
ART. 563. Those shall be punished with the penalty of p-risidn correccional in its minimum and medium degrees who shall cause damage
to property exceeding in amount 6,250 pesetas1. With the intention of hindering the free action of the authorities
or in revenge for their decisions, whether the crime were committed
against public employees or against individuals who had assisted or
could assist, as witnesses or in any other manner, in the enforcement
or application of the laws.
2. By introducing in any manner whatsoever infection or contagion
among cattle.
3. By employing poisonous or corrosive substances.
4. By a gang or in a deserted spot.
5. Within an office for the keeping of archives or registry.
6. Upon bridges, roads, promenades, or other places of common
public use.
7. By ruining of the person injured.
ART. 564. He who under any of the circumstances mentioned in the
foregoing article shall cause damage exceeding 125 pesetas but not
more than 6,250 pesetas shall be punished with the penalty of ar'esto
mayor.
ART. 565. The burning or destruction of papers or documents, the
value of which can be estimated, shall be punished according to the
provisions of this chapter; if the value can not be estimated, with the
penalties of arresto mayor in its maximum degree to rision correccional in its medium degree and a fine of from 625 to 6,250 pesetas.
The provisions of this article are to be considered as applicable if
the deed should not constitute another graver crime.
ART. 566. The damage to property not included in the preceding
articles, amounting to more than 125 pesetas, shall be punished with
a fine of an amount equal to three times that of the damage, never
being less than 200 pesetas.
This determination is not applicable to damages caused by cattle,
and others which must be classified as misdemeanors, according to the
provisions of Book III.
The provisions of this chapter shall only be applicable when a higher
penalty is not proper for the crime, according to the provisions of
article 517.
CHAPTER X.
GENERAL PROVISIONS.
ART. 566. The following are exempt from criminal liability and
subject only to civil liability for the thefts, frauds, or damages that
they may reciprocally cause each other:
1. Spouses, ascendants and descendants, or relations by affinity in
hhe same line.
1570      8




114


2. The widowed spouse, with regard to the things belonging to the
deceased spouse, while they have not passed into the possession of
another.
3. Brothers and brothers-in-law, if they live together.
The exceptions of this article are not applicable to any strangers
who shall share in the offense.
TITLE XIV.
RECKLESS NEGLIGENCE.
ART. 568. He who shall execute through reckless negligence an act
that, if done with malice, would constitute a grave crime, shall be
punished with the penalty of arresto mayor in its maximum degree to
prision correccional in its minimum degree, and with arresto mayor in
its minimum and medium degrees if it shall constitute a less grave
crime.
He who in violation of the regulations shall commit a crime through
simple imprudence or negligence shall incur the penalty of arresto
mayor in its medium and maximum degrees.
In the application of these penalties the courts shall proceed according to their discretion, without being subject to the rules prescribed in
article 81.
The provisions of this article shall not be applicable if the penalty
prescribed for the crime is equal to or less than those contained in the
first paragraph thereof, in which case the courts shall apply the next
one thereto in the degree which they may consider proper.


-




BOOK III.


MISDEMEANORS AND THEIR PENALTIES.
TITLE I.
MISDEMEANORS AGAINST PUBLIC ORDER.
ART. 569. The following shall incur a fine of from 70 to 320 pesetas:
1. Those who, by means of the press, lithography, or other means
of publication, should maliciously publish false notices which might
endanger public order or injure the interests or credit of the State,
without committing a crime.
2. Those who, in the same manner, without committing a crime,
should incite to the disobedience of -the laws and of constituted authorities, should make excuses for acts qualified by the law as crimes, or
should offend morals, good customs, or public decency.
3. Those who should maliciously publish provisions, decisions, or
official documents without proper authorization before they have been
officially made public.
ART. 570. Whosoever should throw stones at or soil statues or paintings, or cause any damage whatsoever to the streets, parks, gardens,
or promenades, or appliances for public lighting, or to objects of
adornment or of public utility or amusement, even though belonging
to individuals, shall be punished with a fine of double to four times
the amount of the damage caused, if the act itself should not, on
account of its gravity, be included in Book II of this code.
The same penalty shall be incurred by those who in any manner
whatsoever should violate regulations concerning the embellishment
of towns.
ART. 571. The following shall be punished with the penalty of arrest
of from one to ten days, and a fine of from 15 to 125 pesetas:
1. Those who shall disturb any act of a religious character in any
manner not foreseen in Section. III, Chapter II, of Book II of this
code.
2. Those who, by exhibiting prints-or engravings, or by means of
other acts, shall offend against good morals and customs without committing a crime.
ART. 572. Those who, within towns or in a public or frequented
place, shall discharge firearms, rockets, petards, or any other projec115




116


tile that may cause alarm or peril, shall be punished with the penalty
of arrest of from one to five days and a fine of from 15 to 125 pesetas.
ART. 573. The following shall be punished with penalties of from
one to fifteen days and a fine of from 75 to 200 pesetas:
1. Those who shall lightly disturb order in an audiencia, superior
or inferior court, on the occasion of public acts, spectacles, solemnities, or at largely attended meetings.
2. The subordinates of the civil branch of the administration who
shall not observe the proper respect and submission due their superiors, when a higher penalty should not be prescribed in this code or
in other laws.
ART. 574. The following shall be punished with a fine of from 15 to
125 pesetas and censure:
1. Those who shall institute or take an active part in " callithumpian
concerts" or other tumultuous meetings, thereby offending any person
or disturbing public tranquillity.
2. Those who in rounds or other nocturnal revelries shall, without
committing a crime, disturb public order.
3. Those who shall cause disturbance or scandal through their
drunkenness.
4. Those who, without being included in other provisions of this
code, shall lightly disturb public order by using means that naturally
would produce alarm or disturbance.
5. Those who shall lack in the respect and consideration due to the
authorities, or shall disobey them lightly by failing to comply with the
special orders that they may give them, provided such want of respect
or disobedience should not constitute a crime.
6. Those who shall offend the agents of the authorities in the exercise of their functions in a manner not constituting a crime, and those
who shall disobey them on similar occasions.
7. Those who shall not give the authorities the assistance they may
call for in cases of crime, fire, shipwreck, inundation, or other calamity, should they have been able to do so without damage or personal
risk.
ART. 575. Those who shall conceal their true names, residence,
status, or domicile, either from the authorities or from any public
official who should ask it by virtue of his office, shall be punished with
a fine of from 70 to 200 pesetas.
ART. 576. The following shall be punished with a fine of from 15 to
125 pesetas:
1. Those who shall practice a profession that requires a diploma
without possessing one, unless they are authorized thereto by the competent authority.
2. Those who, in violation of the orders of the authorities, shall wear
masks or disguises.
3. Those who carry arms without permission to do so.




117


TITLE II.
XISDEXEANORS AGAINST PUBLIC INTEREST AND THE GOVERNMENT OF TOWNS.
ART. 577. The following shall be punished with penalties of from
one to ten days of arrest or a fine of from 15 to 125 pesetas:
1. Those who shall refuse to receive lawful money in payment.
2. Those who having received in good faith counterfeit money shall
spend it in a sum less than 325 pesetas and more than 70 after knowing of its falsity.
3. Traders or vendors who shall keep measures or weights artfully
contrived to defraud or who in any manner whatsoever shall violate
the rules established for the making of standard weights and measures
in the gild to which they belong.
4. Those who shall defraud the public in the sale of goods, whether
in quantity or quality, by any means whatsoever not expressly
penalized.
5. Traders or vendors in whose possession any food stuffs shall be
seized lacking in the proper weight, measure, or quality.
ART. 578. The following shall be punished with penalties of from
five to fifteen days of arrest and a fine of from 70 to 200 pesetas:
1. Those who shall spread false rumors or use any other unlawful
artifice in order to alter the natural price of things, if the act should
not constitute a crime.
2. Those who shall violate the police rules tending to insure the supplying of towns.
ART. 579. Those who in public places or establishments shall start
or take part in any kind of games of hazard not authorized by the
police regulations shall incur a fine of from 15 to 70 pesetas.
ART. 580. The following shall be punished with a penalty of from
five to fifteen days of arrest and a fine of from 70 to 200 pesetas in
the cases not included in Book II:
1. Pharmacists or those in charge of properly authorized drug
stores who shall dispense medicines of bad quality.
2. The owners or persons in charge of eating houses, confectionery
stores, bakeries, or other similar establishments who shall sell or serve
adulterated or altered drinks or articles of food injurious to health, or
who shall not observe in the use and care of vessels, measures, and
utensils in use established rules or ordinary precautions, when the act
should not constitute a crime.
ART. 581. The following shall be punished with a fine of from 15 to
70 pesetas, and censure:
1. Those who shall violate the rules issued by the authorities at
times of epidemics or contagious diseases.
2. Those who shall violate the regulations, ordinances, and proclamations relating to epidemics among animals, the extinction of locusts,
or any other similar plague.




118


3. Those who shall violate the sanitary rules established by the
authorities regarding the carrying of corpses and interments in cases
not provided for in Book II.
4. Those who shall desecrate corpses, cemeteries, or places of burial
by actions or deeds not constituting a crime.
5. Those who shall throw dead animals, garbage, or refuse in the
streets and public places where it is forbidden to do so or who shall
pollute fountains or watering places.
6. Those who shall violate the police rules or proclamations relating
to the manufacture of fetid and unhealthy substances or who shall
throw them in the streets.
7. Those who in any other manner not constituting a crime shall
violate the regulations, ordinances, or proclamations relating to public
sanitation issued by the authorities within the scope of their power.
ART. 582. The following shall be punished with penalties of from one
to five days arrest or a fine of from 15 to 125 pesetas:
1. Those who shall give public exhibitions or hold any kind of meetings whatsoever without obtaining the proper license, or who should
overstep the bounds of the permission granted them.
2. Those who should open establishments of any kind without the
license of the authorities whenever it should be necessary.
ART. 583. The following shall be punished with penalties of from one
to ten days of arrest and a fine of from 70 to 200 pesetas:
1. Those who shall extinguish the public lights, or lights on the outside of buildings, or those over their doors or stairways.
2. Those who shall fail to observe the rules established for public
lighting at places where this service is to be furnished by individuals.
ART. 584. The following shall be punished with the penalty of a fine
of from 15 to 125 pesetas or censure:
1. Physicians or those properly authorized to attend the sick who
noticing in a person whom they are attending or in a corpse indications
of poisoning or of some other crime shall not immediately notify the
authorities, provided that in view of the circumstances they should not
have incurred a greater liability.
2. Those charged with the custody or safe-keeping of a lunatic who
allow him to wander through the streets and public places without
proper surveillance.
3. The owners of fierce and dangerous animals who shall let them
loose or in the way of doing harm.
4. Those who shall violate the regulations, ordinances, or proclamations relating to public conveyances.
5. Those who shall ride or drive saddle animals or carriages through
the streets, promenades, and other public places endangering passers
by or in violation of the ordinances and proclamations relating to good
order.




119
6. Those who shall obstruct the sidewalks, streets, and public places
by their acts or with wares of any kind.
7. Those who shall throw into the street or a public place, water,
stones, or other objects which might cause damage to persons or things,
provided that a greater penalty should not be prescribed for the deed
on account of its seriousness or character.
8. Those who keep, in places on the outside of their dwellings overhanging the streets or public way, objects that threaten to cause damage
to passers by.
ART. 585. The following shall be punished with a fine of from 15 to
125 pesetas:
1. The owners of eating houses, inns, and other establishments for
the reception of guests, who shall fail to give to the authorities the
reports and information prescribed by the regulations, ordinances, or
proclamations at the time and in the manner prescribed therein.
2. The domestic servants and employees who shall fail to comply
with the provisions established by the public authorities for guarantee
and security.
ART. 586. The following shall be punished with a penalty of from
70 to 200 pesetas:
1. Those who shall violate the rules established for avoiding the
spread of fire from steam engines, boilers, ovens, stoves, chimneys, or
other similar places, or who shall place or construct said objects in
violation of the regulations, ordinances, or proclamations, or who shall
fail to clean or take care of them, thereby causing danger of fire.
2. Those who in violation of the orders of the authorities shall neglect
to repair buildings about to collapse or having a bad appearance.
3. Those who shall violate the rules of safety concerning the deposit
of any materials, the digging of wells or excavations.
4. Those who shall violate the regulations, ordinances, or proclamations of the authorities relating to the manufacture and safe-keeping
of inflammable or corrosive materials or chemical products liable to
cause damage.
TITLE III.
MISDEMEANORS AGAINST THE PERSON.
ART. 587. Those who shall cause physical injuries that prevent the
injured person from working for one to seven days, or make medical
attendance necessary for a similar period, shall be punished with the
penalty of arresto mayor.
If the offender should be a father, son, spouse, or tutor (guardian)
of the person injured, the maximum degree of the penalty shall be
imposed, whatever be the attendant circumstances.




120
ART. 588. The following shall be punished with a penalty of from 5
to 15 days of arrest and censure:
1. Those who shall cause physical injuries that do not prevent the
person injured from devoting himself' to his customary labors, nor
require medical attendance.
2. Husbands who shall maltreat their wives, even though they do
not'cause them injuries of the character mentioned in the foregoing
paragraph.
3. Wives that are disobedient to their husbands, who shall maltreat
them bodily, or by speech.
4. Spouses who shall cause a scandal by their domestic dissensions
after having been warned by the authorities, if the deed should not be
included in Book II of this code.
5. Fathers of families who shall forsake their children by not
giving them the education corresponding to their condition in life,
and such as their means will permit.
6. Guardians, tutors, or persons in charge of a minor under fifteen
years of age who shall disobey the provisions regarding obligatory
primary instruction, or who shall abandon the care of his person.
7. Sons of a family who should be lacking in the respect and submission due their parents.
8. Wards who should commit the same fault with regard to their
guardians.
9. Those who, finding an abandoned child under seven years of age in
danger of its life, do not turn it over to the authorities or to its family.
10. Those who, in the relinquishment of infants, shall break the rules
or customs established in their respective locality, and those who shall
fail to take to a foundling asylum or safe place any infant that they
shall find abandoned, provided that the act does not constitute a crime.
11. Those who shall not succor or help a person whom they may
meet in an uninhabited place, wounded or in danger of perishing, if
they could do so without their own detriment, unless such omission
should constitute a crime.
12. Those with regard to whom, in the case of the brawl defined in
article 405 of this code, it shall appear that they had used violence of
any kind against the person of the one injured, provided that but
slight injuries were inflicted upon the latter and that the author were
unknown.
ART. 589. The following shall be punished with penalties of from
one to five days of arrest, or a fine of from 15 to 125 pesetas:
1. Those who shall beat or bodily ill treat another, or abuse him by
speech without causing him any physical injury.
2. Those who, without being included in other provisions of this
code, shall threaten another with weapons, or draw him into a quarrel, unless in self-defense.




121


3. Those who shall threaten another, by words and in the heat of
anger, with an injury that would constitute a crime, and who by their
subsequent actions show that they persisted in the intention which
they gave utterance to in their threat; provided that, in view of the
circumstances of the deed, it should not be included in Book II of this
code.
4. Those who by word of mouth threaten to cause another an injury
that would not constitute a crime.
5. Those who shall cause another any unjust duress or vexation not
punished in Book II of this code.
ART. 590. The following shall be punished with a fine of 15 to 125
pesetas and censure:
1. Those who, by means of printing, lithography, or other means
of publication, shall maliciously divulge facts relating to a person's
private life that, without constituting outrages, should nevertheless
cause prejudice or serious trouble in the family to whom the report
refers.
2. Those who should lightly offend another by act or word, if the
offended person should complain. His pardon shall extinguish the
penalty.
3. Those who, being called upon by others, in order to avoid a
greater evil, should fail to give the assistance requested, provided that
no prejudice would have resulted to them.
4. Those who, through mere imprudence or negligence, without
committing a violation of the regulations, should cause an injury
which, if done with malice, would constitute a crime or misdemeanor.
TITLE IV.
MISDEMEANORS AGAINST PROPERTY.
ART. 591. Those who, for gain or lucre, shall interpret dreams,
make prognostications or divinations, or take advantage of the public
credulity in any other similar manner, shall be punished with the penalty of arresto menor, if the act should not be penalized in Book II of
this code.
ART. 592. The following shall be punished with a penalty of from
one to fifteen days of arresto meneor:
1. Those who shall trespass upon another's estate or fields to gather
fruits and eat them on the spot.
2. Those who, in the same manner, shall take fruits, grains, or
other products to give them on the spot to horses or cattle.
3. Those who, without the owner's permission, should trespass upon
estates or fields before the crops have been completely removed, for
the purpose of utilizing the gleanings or any other remnants of the
crop.




122


4. Those who shall trespass upon the inclosed or fenced estate of
another, if the trespassing therein were forbidden by a notice.
ART. 593. The following shall be punished with a fine of from 15 to
125 pesetas:
1. Those who shall enter another's inclosed estate to hunt or fish,
or field where trespassing is forbidden, without the owner's permission.
2. Those who, under any pretext or for any reason whatsoever,
shall cross cane fields, rice fields, coffee groves, tobacco fields, or any
other kind of sown or planted grounds.
3. Those who, in hunting or fishing on public grounds, or of common use, shall employ any of the means prohibited by the provisions
in force in the locality.
ART. 594. A fine of 10 pesetas shall be imposed for the simple act of
trespassing upon another's walled and fenced grounds without the
owner's permission.
ART. 595. The following shall be punished with a fine of from 70 to
200 pesetas:
1. Those who, while in charge of carriages, horses, or harmful
animals, should commit any of the excesses foreseen in the two foregoing articles, unless by reason of the damage caused they should
deserve a higher penalty.
2. Those who shall destroy or tear to pieces any hut, shed, hedges,
fences, palings, or other protections of property.
3. Those who shall cause damage by throwing upon property stones,
articles, or projectiles of any kind from without the same.
ART. 596. The owner of cattle trespassing upon another's estate and
causing damage exceeding 15 pesetas shall be punished with a fine for
each head of cattle1. Of from 2 to 5 pesetas for horned cattle.
2. Of front 1 to 3 pesetas for horses, mules, or asses.
3. Of from 50 centimos to 2 pesetas for goats, if the estate were
planted with trees.
4. Of from an amount equal to that of the damage caused to onethird more, for sheep or any other kind of animals not included in the
foregoing numbers. The same shall be observed if the animals were
goats and there were no trees on the grounds.
ART. 597. The owners of the animals mentioned in Nos. 1, 2, and 3
of the foregoing article, which should trespass upon another's estate
without the owner's permission without causing damage, or damage
less than 5 pesetas, shall incur a fine of 10 centimos for each head of
cattle.
If the estate were inclosed, or should contain sowings'or plantings,
or if it should be a second offense, the fine prescribed in the preceding
article shall be imposed according to the cases embraced in the same.
ART. 598. If the cattle should be purposely let in, or stray in through




123
the abandonment or negligence of their owners or herdsmen, besides
paying the fines mentioned in the preceding articles, the owners and
herders in their respective cases shall undergo from one to thirty days
of arrest, if a greater penalty should not attach to them as guilty of
theft or willful or negligent damage.
If they should relapse into this offense for the third time within
a space of thirty days, they shall be tried and punished as guilty of
theft or damage, according to Book II.
ART. 599. Those who should cause a fire of any character, not penalized in Book II of this code, shall be punished with the penalty of
arresto menor or a fine of from 15 to 325 pesetas.
ART. 600. The following shall be punished with a fine of from 15 to
70 pesetas:
1. Those who shall violate the regulations or proclamations relating
to good order with regard to the burning of stubble or other vegetation.
2. Those who shall violate the ordinances concerning hunting and
fishing.
ART. 601. Those who shall cause any damage in any of the manners
specified in this code, whose amount does not exceed 125 pesetas, shall
be punished with the penalty of arrest of from one to five days or a fine
of from 15 to 70 pesetas.
ART. 602. Those who shall cut trees on another's estate, causing
damage not exceeding 125 pesetas, shall be punished with a fine of
from double to four times the amount of the damage caused; and if
said damage should not consist in cutting down trees, but in cutting
branches of firewood, the fine shall be from an amount equal to double
that of the damage caused.
ART. 603. Those who, in making use of waters belonging to others,
or in diverting them from their course, shall cause damage, the amount
of which does not exceed 125 pesetas, shall incur a fine of from double
to four times the amount of the damage caused.
ART. 604. Those who intentionally or through negligence or carelessness, shall cause any damage whatsoever not punished in this or in
the preceding book, shall be punished with a fine of from one-half the
amount of damage caused to an equal amount if it were possible to
estimate it, and otherwise, with a fine of from 15 to 200 pesetas.
TITLE V.
PROVISIONS COMMON TO ALL MISDEMEANORS.
ART. 605. In applying the penalties of this book, the courts shall
proceed, according to their judgment, within the limits of each of
them, in view of the circumstances of each case.
ART. 606. Accomplices in misdemeanors shall be punished with the
same penalty as the principals, but in its minimum degree.




124


ART. 607. The following shall always be confiscated:
1. The arms that the offender may have carried in causing any damage or inflicting any injury, provided he displayed them.
2. The imitated, adulterated, or changed beverages or foodstuffs,
provided they be noxious to health.
3. The counterfeit money, or falsified, adulterated or damaged effects
given out as lawful or good.
4. The foodstuffs with regard to which the public is defrauded either
in quantity or quality.
5. The false measures or weights.
6. The outfits employed in unauthorized games of chance or raffles.
7. The articles used in divinations or other similar frauds.
ART. 608. The courts shall order the confiscation of the instruments and articles relating to the misdemeanors mentioned in the
foregoing article, according to their judgment, in view of the cases
and circumstances.
ART. 609. When insolvent persons are punished with fines, they
shall be punished with one day's arrest for every 15 pesetas for which
they are liable.
If such liability should not amount to 15 pesetas, they shall, nevertheless, be punished with arrest for one day.
They shall also be punished with one day of arrest for every 15
pesetas as to their other pecuniary liabilities in favor of a third
party.
ART. 610. The provisions of this book neither exclude nor limit the
powers that by virtue of general laws or any other special provisions
belong to the governor-general and chief of provinces in issuing proclamations relating to police and good order, and in the administrative correction of misdemeanors in cases in which their respression
may have been confided to them by the said laws and decrees.
FINAL PROVISION.
ART. 611. All the general penal laws existing prior to the promulgation of this code are hereby repealed, excepting those relating to
crimes not subject to its provisions, in accordance with the prescriptions of article 7.
Approved by His Majesty:
The COUNT OF TEJADA DE VALDESORA.




AMENDMENTS AND ADDITIONS TO PENAL CODE.


GOVERNMENT AND ADMINISTRATION OF THE PHILIPPINES-ROYAL
DECREE OF SEPTEMBER 12, 1897, APPROVING THE REFORMS MADE
IN THE LEGISLATION IN FORCE IN THE PHILIPPINE ISLANDS RELATING TO THE MUNICIPAL GOVERNMENT, JUSTICES OF THE PEACE,
PENAL CODE, ADMLNISTRATIVE POWERS OF THE GOVERNORGENERAL, SURVEILLANCE AND POLICE, PUBLIC INSTRUCTION, AND
CLERGY OR PAROCHIAL ADMINISTRATION.
SECTION III. —Penal Code.
Article 20. The following paragraph is hereby added to No. 11 of
article 8 of the Penal Code in force in the Philippines:
" It shall be understood that the authorities and officials act in the
fulfillment of their official duties, who, with regard to the acts provided for in articles 197, 200, 202, 203, 205, 208, 209, 211, and 212, comply with the prescriptions of special provisions or with the provisions
of the laws for the Indies, until the general regulations referred to in
said articles are issued."
Article 21: Article 110 shall be drafted as follows:
"The penalties of relegacion perpetua and relegacion temporal shall
be served in the Peninsula, the adjacent islands, or in the Spanislt possessions in Africa."
Article 22: The following number is hereby added to article 135:
"4. He who shall proclaim the independence of any portion of the
territory included under the denomination of the Philippine Islands."
Article 23. The following number is added to article 136:
"6. He who shall perform acts tending directly or indirectly to
effect in any manner whatsoever or for any object, the separation of
any portion of Spanish territory.
"He who, without directly working for the commission of said
crime, shall provoke by word, or writing, or through the press, engravings, or any other mechanical means of publicity, the perpetration
thereof; or shall support his action or that of the authors, shall be
punished with the penalty of relegacin temporal. The penalty shall
be imposed in its maximum degree if the crime should be committed
while giving instruction."
Article 24. The following shall be substituted for article 188:
"The following are illegal associations:
"1. Those which by their purpose and circumstances are contrary
to public morals, or whose purpose it is to combat the fundamental
bases of social order, or alter the regularity of its functions.
125




126


"2. Those whose purpose it is to commit any crime -or avoid the
fulfillment of any legal precept.
"3. Those whose deliberations are held in secret, or whose members
with or without the imposition of an oath, bind themselves to conceal
from the authorities the purpose of their meetings and their interior
organization.
"4. Those which employ in their correspondence with their members, or in that with other associations, ciphers, hieroglyphics, or mysterious signs.
"5. Those which the members attend carrying arms or which have
arms at their disposal.
"'6. Those which are organized without administrative permission,
or which persist in continuing in existence after having been dissolved
by the public authorities.
"'. Those which are organized without some of the requisites prescribed by law."
Article 25: Article 189 shall be amended to read as follows:
"ART. 189. The founders, directors, and presidents of associations
which are included in article 188, shall be punished with the penalty of
relegactio'n temporal."
Article 26: Article 190 shall be substituted with the following:
"ART. 190. The penalty of confinamiento shall be incurred by the
following:
*"1. The founders, directors, and presidents of the associations
referred to in article 189, if the association should not actually have
been organized.
' 2. The founders, directors, and presidents of associations which
may be established without the local authorities having been informed
of their purpose and by-laws eight days before the first meeting, or
twenty-four hours before the respective session, of the place where
they are to be held, even though the place first selected should afterwards be changed.
"3. The directors or presidents of associations who shall not admit
the authorities or their agents or shall not permit them to attend the
meetings.
'4. The directors or presidents of associations who do not suspend
the meeting upon the second intimation to that effect made by the
authorities or their agents.
"5. The individual members of the associations mentioned in article
188."
Article 27: Article 191 shall be amended to read as follows:
"ART. 191. The penalty of banishment shall be incurred by:
"1. The individual members of the associations referred to in No. 5
of article 190, if the association should not have actually been organized.
'2. The individual members who shall commit the crime mentioned
in No. 3 of article 190.




127
"3. The individual members who shall not withdraw from the meeting on the second notice given by the authorities or their agents that
the meeting must be suspended.
"The penalties next higher in degree than those respectively prescribed in this article and in the two foregoing ones, shall be incurred
by the founders, directors, presidents, and members of associations
who again hold a meeting after its having been suspended by the
authorities or their agents, provided that the judicial authority has not
revoked the suspension ordered."
Article 28: No. 1 of article 229 is abolished.
Article 29: The following shall -be included as additional articles to
the Penal Code for the Philippines:
"1. Those who, for hidden or manifest purposes, and by means of
incisions in the human body or other kind of marks, or by oath, pledged
word, or vote, not guaranteed by law, shall demand, contract, or pledge
agreements, offers or compromises, causing their actions to depend on
the will of another, shall incur the penalty of relegacion temporal.
"2. The crimes of calumny and contumely against a person who
without being an authority discharges public duties, or gives instruction, or is vested with an ecclesiastical character, or belongs to an
official corporation, shall be prosecuted and punished de oficio upon
the denunciation of the person injured, or of those whom the penal
code grants the right to complain. A certificate of the proceedings
held to effect a reconciliation, without result, must be attached to the
denunciation.
"Without prejudice to the provisions contained in the foregoing
paragraph, the person offended may enter a complaint whenever he
considers-it proper, or appear in any stage of the judicial proceedings,
if instituted at the instance of the government (de ofcio).
"The criminal causes for calumny or contumely, which are instituted de ofcio, in accordance with the provisions of the foregoing paragraphs, shall be discontinued upon the pardon by the person
offended."
We hereby certify that the foregoing translation of the Penal Code
and its modifications is correct.
FRANK L. JOANNINI, Oficial Tbanslator,
Division of Customs andInszuar Affairs, Wnar Departmrent.
M. E. BEALL, Assistant.
I hereby certify that Frank L. Joannini is the official translator of
the division of customs and insular affairs.
CLARENCE R. EDWARDS,
Lieutenant- Colonel Forty-seventk Infantry, U. S. V.,
Chief of Division.










1570-~9                              1








APPENDIX.


The translation of legal words and phrases from Spanish into English
presents certain difficulties, because Spanish and English procedure are
so different. While both have some features in common, there are to
be found courts, officials, and methods peculiar to each, for which no
exact equivalent can be found in the other language. The translator
must be constantly on his guard against making an interpretation of
law, and should never hesitate in a legal translation to sacrifice what
may be called good English for fidelity to the original text. It therefore becomes necessary at times to leave the original expression untranslated, rather than make a paraphrase of an expression for which there
is no exact equivalent.
This feature of legal translation may be illustrated by calling attention to the manner in which Spanish law deals with the subject of penalties. They are divided into corporal (cQictievas), correctional (cori'eccionales), and light (leves). There are penalties common to these three
classes and also accessory penalties (pe2nas accessorias), fractional penalties (penas fraccionales), and composite (compuestas), and from these
different classes there have been developed in the Penal Code sixty
degrees of penalties.
The penalties aflictivacs or correccionales employed in the Penal Code,
which are included in the general scale of article 22, are comprised in
one or more of the six graduated scales of article 91, formed for the
purpose of regulating the increase or reduction of certain penalties for
crimes committed, frustrated or attempted, for complicity therein, concealment, and for the purpose of taking into account aggravating and
extenuating circumstances.
A simple penalty, according to the general scale, would be, for example, arresto mayor, prision correccional, or banishment; a double penalty is created by the imposition of two or more simple penalties, as, for
example, arresto mayor and a fine; an alternative penalty leaves the
imposition of one, two, or more simple penalties to the discretion of the
court, as, for example, arresto nmayor, banishment, or a fine; fractional
penalties are those which permit the imposition of one or two stated
degrees of a given penalty, and even of a certain portion or combination
of penalties, as, for example, arresto mayor in its maximum degree, or
prisio'n correccional in its minimum and medium degrees; at other
131




132
times penalties comptuctas are imposed, these being two or more penalties either to their fullest extent or divided, as, for example, cadena
temporal to cadena peipetca, or arresto mayor in its maximum degree
to pr;,sl,2, correccioenal in its minimum degree.
Such varied and multiplied combinations of penalties have given rise
to what may be called nine scales and sixty degrees of penalties, as
is shown in the following table, while the second table shows the duration of the penalties in all their forms and combinations.
GROUPS AND SCALES OF PENALTIES.
In the first group are included the six scales of penalties given in
article 91, which are fundamental, and necessarily serve as a basis and
guide for the rest.
In the second group are included the penalties composed of two or
more divisible or indivisible penalties, but indicated in their full extent.
In the third group are included those composed of one or two indivisible penalties and of the maximum degree, or of the medium and
maximum of another divisible penalty.
In the fourth group are included the penalties formed with three or
more degrees of two penalties, subdividing them by the same rule
into three, four. or five degrees.
In the fifth group are included subdivided penalties of three or
more degrees.
In the sixth group alre included those formed of two degrees of one
or two penalties.
In the seventh group are included the subdivided penalties of two
detrrees.
In the eighth group those with but one degree.
In the ninth group are included the subdivided penalties of one
degree.
FIRST GROUP.
[Graduated scales of article 92 of the code, and which are therefore considered
fundamental.]
Scale cVo. 1.-Death, cacdena 2)ery)etua, cacdecna tem2poral, jpresidio?mayor', 2'presidio correccional, arresto.,Scale 3S. 2.-Death, reclusion peetua, reclusion tei.mporal, prisi'o
in ayor, prisio& correccional, arresto.
Scalte -o. 3. —Relegactidn perp)etua, relegacion temporal, cofinamiento, banishment, public censure, caution.
Scale iVo. 4.-Perpetual expulsion, temporary expulsion, confjinam iento, banishment, public censure, caution.
Scale io.5.-Perpetual absolute disqualification, temporary absolute
disqualification; suspension from public office, the right of suffrage,
active and passive, profession or trade.




133
Scale NYo. 6.-Perpetual special disqualification from public office,
the right of suffrage, active and passive, profession or trade; temporary special disqualification from public office, the right of suffrage,
active and passive, profession or trade; suspension from public office,
the right of suffrage, active and passive, profession or trade.
SECOND GROUP.
PENALTIES COMPOSED OF TWO OR MORE DIVISIBLE OR INDIVISIBLE PENALTIES, TO TIHEIR
FULLEST EXTENT, WHICH IN THEIR REDUCTION ARE GOVERNED BY THE SECOND RULE
OF ARTICLE 76.
Scale Ao. 7.- Cadena perpetbw to death, cade C<, temiporal. )i1''dHio
mayor, p)re8idio correccional.
Scale I-o. 8. - Reclus'3? perpetlua to death. recl siiOn temii)/oralp 2'i'/n
mayor), )isin correccicCwal, arresto.
Scale Nbo. 9.-C (7adena. temp2oral to ca(dena jeI/7et.!:a, pe'f:sido mlayor
pr'.s;dio cor','ecC ovC C i, arresto.
Scale -io. 10.-Temporary absolute disqualification to perpetual
absolute disqualification, temporary special disqualification: suspension from public office, the right of suffrage. active or pafssive. profession or trade.
Scale  5oT. 11. —Reclusaom.in te;lporal to reclu.o/n plerpeta t','. p '/;,n
ma?'iytor, prision, cor.reccioCall,,'arresto.
Scale 5(No. 12. — eclus;^n temploral to death, plor.'i.n,iayor., prso;fi
coireccio a.n. 'arresto.
THIRD GROUP.
[Penalties composed of one or two indivisible penalties and of the lmaximum degree
(or of the medium and maximum) of another divisible penaity. which in tlieir
decrealSe are governed by the third rule of article 76.]?Scale Nio. 13. —Ccadena temp>oral in its maximum degree to cadena
]pei)etua; presdidio /mayor in its maximum degree to cadena tfiemporal
in its medium degree; presidio correccion.al in its maximum degree to
)prc's;d'io miayor in its medium  degree; ar-resto miayor? in its maximum
degree to presidio correccional in its medium degree.
Scal.e Io. 14.-Cadena temporal in its maximum degree to death:
presidio mayor in its maximum     degree to cadena temporal in its
medium degree.
(The decrease follows as in the above; it is the third case of the
demonstrative table of article T6.)
Scale i o). 15.-Temporary absolute disqualification in its maximum
degree to perpetual absolute disqualification; suspension from
in its maximum   degree to temporary absolute disqualification in its
medium degree; fine to suspension in its medium degree.
Scale Nio1. 16.-Reclusio? temporal in its maximum degree to death;
-prision6 mayor in its maximum   degree to rcelusion ter.poiral in its




134


medium degree; pri.s.i;n correccional in its maximum degree top)ris;onI.ma/(yor in its medium degree; arresto mayor in its maximum degree to
prision correccional in its medium degree; fine or arresto mayor in its
medium degree.
Scale NVo. 17. —Relegacin temporal in its maximum degree to reley<lac;;u 2pepetula; co7Jfinamiento in its maximum degree to relegacior
tc2por/al in its medium degree; banishment in its maximum degree
to co0nfilamliento in its medium degree; public censure-to banishment
in its medium degree.
Scale XNo. 18. — Cdena temporal in its medium degree to cadena perpetua; presidio mayor in its medium degree to cadena temporal in its
minimum degree; presidio correcc'ional in its medium degree-to presid;o vmayor in its minimum degree; arresto mayor in its medium degree
to presidio correccional in its minimum degree; fine to arresto mayor
in its minimum degree.
FOURTH GROUP.
[Penalties composed of three or more degrees of two penalties which in their
decrease are governed by rule 4 of article 74.1
Scale 1No. 19.-Arresto mayor in its maximum degree to prision correccional in its medium degree; fine to arresto mayor in its medium
degree.
Scale iVo. 20.-Presidio correccional in its maximum degree to presidio mayor in its medium degree; arresto mayor in its maximum
degree to presidio correccional in its medium degree; fine to arresto,im.ayor in its medium degree.
Scale No. 21.-Presidio 9maayor in its medium degree to cadenc temporeal in its minimum degree; presidio correceional in its medium degree
to epresidio mayor in its minimum degree; arresto mayor in its medium
degree to presidio correccional in its minimum degree; fine to arresto
cmayor in its minimum degree.
Scale No. 22.-Prisio'ln mayor in its medium degree to reclu.sido  temp.oral in its minimum degree; prision correccional in its medium degree
to 2prsioqn mayor in its minimum degree; arresto mayor in its medium
degree to prisi6n co7rreccional in its minimum  degree; fine to arresto,imayor in its minimum degree.
Scale NA. 23.-Suspension from          in its maximum  degree to
temporary absolute disqualification in its medium degree; fine to suspension from        in its medium degree.
Scale NT. 24 (of four degrees).-Arresto mayor to prisidn correcciognal in its minimum degree; fine.
Scale No. 25.- confaminento in its maximum degree to relegacion
tenmporal; banishment in its maximum degree to confinamiento in its
medium degree; public censure to banishment in its medium degree;
caution; fine.




135
Scale Niv. 26.-Temporary special disqualification in its maximum
degree to perpetual special disqualification; suspension from
in its maximum degree to temporary special disqualification in its
medium degree; fine to suspension in its medium degree.
Scale No. 27.-Suspension in its medium and maximum degrees to
temporary absolute disqualification in its medium degree; fine to suspension in its minimum degree.
Scale lVo. 28 (of five degrees).-Presidio correccional to presidio
mayor in its medium degree; arresto mayor; fine.
Scale A'o. 29. —Prisin mayor in its medium degree to reclusi5ot temnporal; prision correccional in its medium degree to prision mayor' in
its minimum degree; arresto mayor in its medium degree to prision
correccional in its minimum degrees fine to arresto mayor in its minimum degree.
FIFTH GROUP.
[Penalties subdivided, composed of three or more degrees included in the fourth
group, which decrease according to rule 5.]
Scale No. 30.-The minimum degree of presidio correcional in its
medium degree to presidio mayor in the same degree; the minimum
degree of arresto mayor in its medium degree to presidio correccional
in its minimum degree; fine (or the minimum degree of fine to arresto
mayor in its minimum degree).
Scale No. 31.-The maximum degree of presidio correctional in its
medium degree to presidio mayor in its minimum degree; the maximum degree of arresto mayor in its medium degree to presidio correccional in its minimum; arresto mayor in its minimum degree (or the.maximum degree of fine to arresto mayor in its minimum degree).
Scale No. 32 (of three degrees).-The maximum degree of presidio
correccional in its maximum degree to presidio mayor in its medium
degree; the maximum degree of arresto mayor in its maximum degree
to presidio correccional in its medium degree; arresto mayor in its
medium degree (or the maximum degree of fine to arresto mayor in
its medium degree).
Scale lVo. 33 (of three degrees).-The maximum degree of presidio
mayor in its medium degree to cadena temporal in its minimum degree;
the maximum degree of presidio correccional in its medium degree to
presidio mayor in its minimum; the maximum degree of 'drresto mayor
in its medium degree to presidio correccional in its minimum; arresto
Imayor in its minimum degree (or the maximum degree of the fine to
arresto nmayor in its minimum degree).
Scale.JLo. 34 (of five degrees).-The maximum degree of presidio
correccional to presidio mayor in its medium degree; the maximum
degree of arresto mayor; fine.




136


SIXTH GROUP.
[Divi(ed 1lenalties which are formed with two dlerees of one penalty or of two distinct penalties. ]
Scale 5,. 35.- Cofinam'iento in its minimum and medium degrees;
banishment in its medium and maximum degrees; public censure to
banishment in its minimum degree; caution.
Scal(e Jo,. 3G.- Banishment in its minimum to its medium degree;
public censure; caution.
Scale xi,. 37. —Temiporary absolute disqualification in its minimum
and medium degrees; suspension in its medium and maximum degrees;
fine to suspension in its minimum degree.
Scale lo. 38.-P lresidao correccional in its maximum degree to ypre
s;dio /,'ayor in its minimum degree; pjresidio corr'ccioial in its minillmum and medium degrees; arresto mayor in its medium and maximum
degrees: line to (arre.'sto 9/1ayor in its minimum degree..Sal(c, Xl. 39.-Prcesidio.mayyor in its minimum and medium degrees;
ipres'Cidio corlreC;on al in its medium and maximum degrees' arresto
/ac yor in its maximum degree to presidio correccional in the minimum
degree: (/ires)to,,myor in its minimum and medium degrees; fine.
r;;f, 3..I;O.-]5i.shi;,*A  mvSayor, in its medium and maximum degrees;
/,'/.'S(io l correccioal in its maximum degree to prisio, 2i mvayor' in its
minimum degree:; 2-ris.i  corre0Cccio n  in its minimum and medium
deg'rees: arresto imayor in its medium and maximum degrees; fine to
c(,',.'sto miayoi in its minimum degree.
'ccale ol;. 4l. —Recflusio' n temp)oral in its medium and maximum
degrees; jlprisin maiyo(r in its maximum degree to reclusi;2n te2ijporal
in its minimum degree; ji.sin mayori/i   in its minimum and medium
d(egrees: pi.sion corre2ccional. in its medium and maximum degrees;
arreslf-o vmayor in its maximum degree to pri-.sioin correcciontal in its
minimum degree; arresto?mayor' in its minimum and medium degrees;
fine.
c,:le ^o. 42. —Suspension in its maximum  degree to temporary
a)bsolute disqualificationl in its miinimum degree: suspension in its minimum and medium degrees: fine.
SEVENTH GROUP.
[Subdivided penalties formed with two degrees of one penalty or of two distinct
penalties.]
Sceale No. 43.-The minimum degree of arresto m/ayor in its maximum degree to prisin co0rreccionai in its minimum degree; the miniImum degree of a rresto miayor' in its minimum and mediiuml degrees;
tine.




137


Scale 36. 144. —The maximum degree of presidcio correcceioncz inl its
maximum degree to pgresicd'o mayor in its minimum; the maximum
degree of lvresidio correceional in its minimum and medium degrees;
the maximum degree of arresto mayor in its medium and maximum
degrees; arresto mayor in its minimum degree (or nmaximuml degree
of fine to arresto mayor in its minimum-degree).
Scale 17v. 45. —Maximum degree of pri.sio'wn corrPeccional in its minimum to medium degrees; maximum degree of arresto mayor in its
n-edium and maximum degrees; maximum degree of fine to arresto
mayor in its minimum degree.
Scalce  o. 46. -Maximum degree of prswisn cwreeccionlc in its medium
to maximum degree; maxinllllu deg'ree of arrC.,oto 2mayort in its maxinum- degree to jrvsio'si correceional in its minimum: maximum degree
of ar'resto m?.at?/or in its nlinimum and medium degrees; fine.
EIGHTHI- GROUP. -
[Divided penalties which include but one degree oI invisible pelialties ]
Scale '7N)6. 47. —Arresto mayor in its minimum deg-ree; linl.
Sedle7, 36. 48.- - rresto -ayo. e  o  in its mIedium cegree; line.
Scal7e 7l6. 49.-Arre.sto?mayor/ in its maximum degree; fine.
ScaCle 36. 50. —C Cactna temjpora l in its maximum degree; p)res.icdio
atyyor in its maximum degree; l)reseidio crreec/)nal in its 1maxinmum
degree; <arresto mayor in its maximum degree.
Scal, 37o. 51.- Cofitnami-tito in its minimunlli degree; banishllment
in its minimum degree: pulHicO censure; caution.
Scar7< 35o..52.-Temporalry absolute disqualification for public office
in its minimum degree; suspension from n   in its minimum deg'ree.,'a/le 3T6. 53. —Temporary special disqualification in it-s linimllmi
degree: suspension from       in its minimum degree.
Scalde -o0. 54. --- elegaci6o teimpqoral in its maximuul degree: co'-!s aimiento in its maximum degree: banishment in its niaxin!tim de(letree:
public censure; caution.
SC(ale,3T. 55. —Presidio correccional in its mediuml deree:!/'/,.,to
tacyor in its medium degree; fine.
Scale 37-67. 56. —Presidc'i,  ianyoir in its minimum  degree: p,,'csir(o
cor/cci6,rta(l in its minimnlll egree: a'rte.to wayo/' in its' minimum
degree.
SCcale  oZ. 57I.-P)esidio mayo in its mlediumr degree;: p(s;l,;o correceiwonal in its medium degree; acrresto miayor' in its medium degree.
fine.
Scale 3TO6. 58. — Caclena temp])oral- in its minimum degree; jpres&i'o
mayor in its minimum degree; presidio co0rreccwional in its minimum
degree; arresto nzmayolr in its minimum degree.




138
NINTH GROUP.
[Subdivided penalties of the eighth group.]
Scale No. 59.7-Maximum degree of confinamiento in its maximum
degree; maximum degree of banishment in its maximum degree;
public censure; caution.
Scale NVo. 60.-Maximum degree of relegacidn temporal in its maximum degree; maximum degree of confinamiento in its maximum
degree; maximum degree of banishment in its maximum degree;
public censure; caution.




General table of the duration of penalties in all the forms and combinations prescribed in the eode and their division into'degrees.
Time included ii.the entire  -Time included in its mnhinimum  Time inctudled inl its mledium Tm  ncnld nis  aiu
Peate.penialty.                                     (degree.                       dlegree.                     degree.


I. Arrcslo wiaor O..........
2. Arresto maeyor inl its minimium
degree.
3. Arresto mayor inl its iriedliuim
degree.
4I. Arresto meayor iii its inaxilnhlni
degree.
5. A   so mayor in ismnmn
aind mnedium degrees.
6. Arr'esto mnayor is its medium
and mnaxiinurn degrees.
7. Mlaximum degree of arrcslo
mzayor in its minimum and
medium degrees.
nJonal iii its minimum degree.
9. A iresto watyor to pr~isi6n corree(ioua1 iii its maximum degree.
10. Arresto saayor in its mediunm
degree toprigi6n (or presidio)
correecionef in its minimum
d egree.
11. Arresto m?/WO)r inl itsmaximomlli
degree to prisio~n (or 1?residio)
cor'receional in its mnininmin
degree.
12. Anresto wtayor in its maximnum
(legree to prisi6it (or preidio)
correcriowdl in its miedium
13. Altxiimnin  degree of (trresto
'wayoty inits1. inetliiom dlegree
to pr('sidio corrci'CiouaI inl
its minimum (legree.


Fromn I mouth Anld 1 dlay to 6
monthls.
From I month aind 1 day to 2
months.
From 2 -months and I day to 41
months.
From  4 months and I (lay to 6
months.
From I month aind I day to -
months.
Frons 2 sonoths aind I (lay ito 6
months.
From 3 months and.1 day to.1
monthis.
From  I mouth timit I (lay to) 2
years and 4I months.
Front I month tiit. I (day to
years.
Front 2 months and( I dlay to 2
years aind 4 moniths.


From. 1 month to 2 months....
From 1 month and I day to I
month aind 10 days.
Fromn 2 months aind 1 day to 2
months aind 20 days.
From 4 months and 1 (lay to 41
mnonths and 20 (lays.
From. I month ar11( 1 ]lay to 2
months.
From 2 moniths ((ld 5 (lay to 4)
snonthfs antI 10 dmsys.
From. 3 months and 1 (lay to.1
nonst amnd 10 days.
Frons 1 ionomt   and I day to( JO
ntonths.
Front I mtoimth tatid I (11(5- to) 2
yeitrs andI 20 days.
Airiesto miayor iii its medlinm
degree.


From 2 months aend 1 day to.1
months.
Fronm 1 month and 11 dimys to I
niontli atid, 20 days.
From 2 inouths. anid 21 (days tot 3
months amid 10 ditys.
From 4 months and 21 days tot 5
niontlis and 10 days.
From 2 inouths,mtni 1 sdly to -I
moniths.
From  3 months (11(1 II da]fys, to.1
months ((((( 20) (lmys.
From 3 months mtil( 11 ditys to Il
months amid 20 days.
From 10 motsths aumd I (rlay to 1
year and 7 mouths.
From 2 years fistd 21 dlays toi.1
years and 10 days.
A.4rrsto mantor iii its muaximumli
degree.


Frons.1 smooths, mind 1 dav to 6
Iumonthms.


Frons I naiolnti iimld 2t dayts to 2
usonths.
From2 3 mouths ((nd11( fla1(ts to.1
niontlis.
Front 5 snonths mind 1I days 1o)6
moilths.
From 3 tIoilths ((ailt I day to -1
mimo1tlis.
Froin 4 months aind 21 (lays to 6
isontims.
Front 3 months mnmd 21 days to).1
months-.
From 1 year 7 mnotths% ant I1 day%
to 2 years aind 41 months.
Front 1. years l(((1(1 II lity to( 6
Prifj10(  corrcii'C wdi(  ill its umilti

Front 1 mtonthis Oitii  I dlay to 2  Front 41 iontlms ((11( 1 dliy to I  FPromi I year ((0(1 (Ildy to I yearv  Irom I year 5 umonthas and I (lay
year~s and 41 monthis.           Iyemtr.                              I   iiid 8 months.                  I   to 2 y earis miid -1 monthis.


Fron -4 months aind 1 dlay lo.1     Arreslo viilyor inl its luaximunmi  lrisioau corrceioioial fil its mino-  Prisi6a  coirrciovael ill its ileyears amid 2 itonths.                (ldegree.                          Imimum degree.                    Iditmm dlegr(ee..From I year 8 months ((n(d 21
(lays to 2 years anid.1 mouths.


Presidio corrcc~ioOntl inl its Yiotto- IFromti 6; uonthis (11( 1 dlay to I
nmnm degree. (Front 6 mmontllsI year -I month aell l0days.
1(11(   I  (Ily   to   2   years   amiti
mnolithii.)


Front 1 yemtr I month aend I1I days
to  I year  $  m()luttl s  (11d  20(1d (ys.




General table of the diaralion of pe-nalties in adllthe forms and combinations prescribed in the' code and'th'i ditiinit  crcsCitu


leloill jes.


'1i1e (1(1(1(10( illI Ile' (entire  'l'ijic i11(clidled ill ils m1inimum111
I      penialty.,.,.             degre(

ThIvincluded(0( inl its 1(n0((i11m
degree.


I. Minimlma degree of arrcst()
f1141YO(1 ili its max(noui (liegree to. 1pii$M?6( careacional
inl its miiiiunim   degree.
I:  Mafximum~ degree "of arlP(Y~to
71(a(lt/Oi ill it,,s uaxiniimn (liegre(e to. p'isi6n( eorr5eecionaa
111 its nliminiumlll degree.
106. Cladenrr 1(15)101(a
17. 0Sute a          I tC()((to11 '(t1
perp)((taa,
1S. 1"adena ten((porait ill its 1(1e(1i11(1 degree to1 ((1(10(  p0rI19. M'axinium  (egre. (if (5aden(
20. 0'adeuna tewporal init its maximumi degree to eCadtrfaa pe..rpctuai.
'21. C'adena temiporal iii its 1151151 -urn.mdegree to death.
22Cadena perpetua 1) (leath.
'2:1. (Confinaamcicto
'21. ('onflainaideto ill its minjinllun
degree.
25.w (onflnaaileito inl its miiniimum
and mediuni degrees.
'20. Cbaiflnaamento in its maxinmom
degree.
27. Maximuim degrcee of coilfluamwn10to ill its maxilmuini d(11
gree.
28. C(nfn floamiento i n (i qm ax imuni- l
degree to ir'legtiOni tenmporal I


From  -1 mioniths 1(11( 1 (liy- to I
yellr.
From I year S itioiitlis 1111(1 1 day
1(12 v(1(1s (11(1 4I (11((1ts.
PIr((m 12 v(1(15 00(1 1 dav 1(( 20)
vye1rs.
F~roia 12 years aud(, I (lily to c0-.Froml 147yta rs4 8 ionth1saiid I day
From 17 yer   oIslsiths and I d.ay
F romr 17 years4 ni(n tlissnd.1 (lay
to1 deathj.
OAuelna  vreua to deat(((....)(1...11
From fiyearsitnd 1 (lay 1(112 years.
From 6 years, 011( 1 dul tIllS yea rs.
From fiyears and1( 1 (lay 1o 10 years.
From 10 years 0(1 1 (lay to 12
years.
From 11. years, 4 ioeutlus 1and(1
clay 10 12 years.,
From 10 years and( I (lay. to 20
years.


Fromii 4I mouiths 1(11( 1 (1(5' to1 0)  Froii 60 miontlus ((11( 21 diayi to1 9
1(1111o1th  (Ind twelity (lays.     iiioiitlis unl 10 (lays.
F4roml 1 Yea~r 8 n-(litlis aild( I da y  Frolin 1 ye'ar 1(1 mouths liti(1 21
to) I year 1-0 onioths aind 20 days.  (bays 1(o 2 years 1 miouth aid It)
(lays.
F (o(ii 12 years 15aiic  1 ilay. t(i 1I  Ir(i  1y'r 8mimts(1( 1(1l1y
yearsandul S iii(itli.              to 17 yearsanud A l~i(ontlis.
]frm 1  yarsandI     Iav ( 16  I;To~ji~V  New 's'(' hll( I (1(y Itl 21)
yeasars      l    da
Thew mn-ediluiii (legree' of c'0d1(1  MNIaxiuindm degree (If ('(((001  tnilteni~poaiil..p0r(1.
Froin 17 ynas- 0(111hl         15    m     1'S years 2 ilointlls a.  21
'to '15 years 2 afnioltls 1(n1( 2)  dalys to1 1) years; 1 inioiitl and 10
Froim 17 years-I months 0an( 1 (lily.  Froma 1,8 yours 8 lilluths' (111(1 1 (lily'
to 18 years and 8 mouths.           t(1 20 yei-rs,
('Cadenia te(((poralli-l itii nuifxhimiiiii  ('(d1(1  pO(r)Ct((..........
degree.
C'adorns  pclrprtfa (aceording t(o  (adena   perpet(a (wecordiiig  to
tile rules of a~rticle 8O).         the rules (of artiele 81).
Fi'om 6 yc~ars and( 1. day 10 8 years_ ]From 8 years land 1 dlay to1( lyerars.
From 6 years and I dafy t(16 years  From 6 years S Ilonths and( I daiy
aind 8 months.                      to 7 years 011(11 months.
From 0 years and 1. (lay to 7 years  From`7 years 4 moniths -and 1 day
1(11( 4 *oits.        to 8 years ((ld 8 mo(itlis.
From   10 years and I dlay to.10   From   It) years 8 months and I
years and 8 mnonths.                (lay to1(1 years and(1 4 mointhis.
From. 11. years 4 -monthis aild 1   From 11 years 6 mnonthis aind 21
day to 11. years 6 iiouiths 1(11(   days to 11 years,, 9 molntis a11(
20 days.                            10 days.
FGromie 10 years aiid 1 daiy 1(o 1:  From  13 yea(rs.1 iioritls Silo  1
years 11nd( 41 monthis.             day tol 16 y('0r5 ((ld 8 mionths.


(legreel
F roni 9 mouths ond It days to I
y'l'(r.
From   2 years I mnonth alill I I
days to 2 years laid 4 moo Ils.
VFrom 17 yeairs 4 11o(ltlls (((1( I
(lily to 21) years,.
Cm'cadr pcrpet((e.
F~roni 19 yceiris 1 Iaial(t n1  10(  t
days to5 20 yeiars.'
(adena 1r1w811(.
Dleath.
Fr'om 10 -years 011( I day to 12
years.
From, 7 yean' 4I illoIths 1(11(1 1
day to 8 years.,
From. 8,yeairs 8 mlonths aldlI
d' y to 10 years.
Fro n 11 years 4 moutlhs 011( 1
dAy to 12. years.
Fr6m. 11 y ears 9 moniths' 01d111
days to 12 years.
From.116 years -8 mnilths amid 1
daty to 20 years..




29. Disqualification in its minimum degree.
30. Disqualification in its minimum and medium degrees.
31. Disqualification in its maximum   degree to perpetual
disqualification.
32. Temporary. absolute disqualii fication to perpetual.
33. Presidio, prision, corrc(ccioeal
and banishment.
34. Presidio  (orrcccional  il  its
minimum degree.
35. Presidio  correccional ill its
medium degree.
36. Presidio  correctional in  its
minimum and medium degrees.
37. Presidio  correccional inl its
medium and maximumn degrees..38. Presidio  corrccciconal in  its
maximum degree.;;9. Presidio oorreccional in its mledium degree topresidio mayorl
in the minimum degree.
*10. Presidio  corrcccional in  its
maLximulm degree to presidio
mallyor in its minimum degree..11. Presidio  coireecional in  its
maximuml degree to presidio
mayor in its medium degree..12. Presidio correccional to prIesidio maylor in its medlum
degree..1;. Mlnimum  degree of presidio
correccional in its medium
degree to presidio mayor i.
its minimum degree.


From 6 years and 1 day to 8 years.
F'roml 6 years andi 1 dlay to 10 years.
From 10 years and 1 day to perpetual disqualification.
From 6 years and 1 day to perpetual disquialfication.
From 6 months and I day to 6
years.
From 6 months iand I day to 2
years and 4 months.
From 2 yea'ns 4 months antl 1
day to 4 years anfd 2 months.
From 6 months and 1 day to 4
years and 2 months.
From 2 years 4l months a1nd 1
(Iday to 6 years.
From 4 years 2 mIloths and 1
day to 6 years.
From 2 years 4 months ndl  1
day to 8 years.
From 4 years 2 months and 1
day to 8 years.
From 4 years 2 months and 1
day to 10 years.
From 6 mIonths and 1 day to 10
years.
From 2 years 4 months amid 1
d&y to 4 years and 2 months.


From G years and 1 day to 6 years
and 8 months.
From 6 years and 1 day to 7 years
tand 4 months.
From 10 years and I day to 11
years.
From 6 year. anld 1 day to 9 years.
From 6 months and 1 day to 2
years and 4 months.
From 6 monlths and 1 day to 1
year 1 month and 10 days.
From 2 years 4 months and. 1
day to 2 years 11 months and
10 days.
From 6 months and 1 day to 1
year 8 months and 20 days.
/!Fron 2 years 4 months and 1
to 3 years 6 months and day
20 days.'
From -4 years 2 months and 1
day to 4 years 9 months tand
10 days.
correccional.
From 4 years 2 months and 1
day to 5 years 5 months land't 10
days.
Thle maximum degree of presidio.
correccional.
Irom 6 months and 1 day to 3
years and 8 months.
Fr.om 2 years 4 lmonths and l '
day to 2 y ears 11 months 111nd
10 (lays.


From 6 years 8 months and 1 day
to 7 years and 4 moInths.


From 7 years -1 l months and 1 day
to 8 years and 8 months.
From 11 years and 1 day to 12
years.
From 9 years and 1 day to 12 years.
From 2 years 4 months and 1 day.
to 4 years and 2 months.
From  1 year I month and 11
days to 1 year 8 months and
20 days..
From 2 years ll months and 11
ddys to 8 years 6G months and
20 days.
From  1 year 8 months and 21
days to 2 years 11 months and
10 days.
From 3 years 6 months and 21
days to 4 years 9 mollnths and
10 days.
Frmnl 1 years 9 months and 11
days to 5 years 4 months and
20 days.
The maximinu degree of )presidio
correccional.
From 5 years 5 months qnd l11,
days to 6 years 8 months anl
20 days.                  1
'The minimlumn degree of presidio
ma(yo{r.
From 3 years 8 months and 1
day to 6 years a1nd 10 mIonlths.
Fromll 2 years 11 months and 11
days to 3 ye:lrs ( monthls andl
29 days.


From 7 years 4 months and 1
day to 8 years.
From 8 years 8 months and 1
day to 10 years.
Perpetual disqualification.
Perpetual disqualification.
From 4 year4 2 montlhs iland 1
day to i years.
From 1 year   nlmonths and 21.
days to 2 velars and 4 nmoiths.
From 3 ealirs i months 'and 20
days to 4 yeas anld 2 months.,
From 2 years 1I Wnonths and 11
days to 4 yearsand 2 months.,
From 4 years 9 months antd il
days to 6 years.         I
From 5 years 4 lmollths and 21
days to 6 years.
The minimum degree if presidio mayor.
From 6 years 8 monolthsl anld 21
days to 8 years.
The medium degree ol prrsidio
mlayor.
From 6 years 10 molnths land 1
day to 10 years.
From 3 years 6 months and 21
days to 4 years and,2L months.,




Gem'ral table of the duration of penalties in all the forms and combinations prescribed in the co(le and their division into degrees-Continued...


Penalties.
44. Maximum degree of )presidio
correccional in its minimumn
and medium degrees.
45. Maximum   degree of presidio
coireccional in its medium to
the maximum degrees.
46. Maximum   degree of presidio
correccional in its medium
degree to presidio mnayor in
the minimum.
47. Maximum degree of presidio
correccional in its maximum
degree to presidio mayor in
the minimum.
48. Maximum   degree of presidio.
correccion.l in its maximum
degree to presidio mzayor in
its medium degree.
49. Maximum. degree of presidio
correccional to presidio mayor
in its medium degree.
'50. Presidio: Prisi6n mayor......... 51. Prisi6n mayor in its minimum
and medium degrees.
52. Prisi6n mayor in its medium
and maximum degrees.
53. Prisi6n mayor in its maximum
degree.
54. Prisi6n mayor in its medium
degree to reclusi6n temporal
in the minimum.
r55. Pisi6n mayor in its medium
degree to reclusi6n temnporal
to its full extent.
'~S. Presidio mayor in its imediuni
degree to cadena temporal in
its minimum degree.


Time included in its nnitire  Time included in its niedium
penalty.                      degree...                    degree.
From 2 years 11 nmonths and 11  From 2 years 11 months and 11 From; vYears 4l i' onths and 8
days to 4 years and 2 months.  days to 3 years 4 months ald.  days to 3 years 9) months and
7 days.: days.
Froml 1 years 9 monthsl and 11 From 4 years 9 monthls a-nd '11 From 5 years 2 months and 8
days to 6 years.              days to 5 years 2 months anid, days to 5 years 7 months,and
7 days.                       4 days.
From 6(;years and 1 day to 8 years. From 6 years and 1 (lay to ( years ' From 6 years 8. months and 1
and 8 months.                 day to 7 years aind 4 months.
From 6'years 8 months and 21 From 6 years 8 months and 21  Frorl 7 years 1 monlth and 25
days to 8 years.              days to 7 years 1 month alld  days to 7 years 6 months and
24 days.                      27 days..,.~.    *,      "
From 8 years and 1 day to 10. From 8 years.and 1 day to 8 years  From 8 years 8 months and 1
years. (Medium degree of pre-  and 8 months.               day to 9 years and 4 months..
sidio smlyor7.)
From 6 years 10 months and 1 From 6 years 10 months 'and 1 From 7 years 10 months and 21
day to 10 years.              day to 7 elars 10 months and  days to 8 years 11 months and
20 days.                      10 days.
From 6 y;ears and  d(lay to 12  From 6 years and 1 day to8 years., From 8 years Iand 1 day to 10
years.                                                     years.
From 6 years and 1 day to 10  From 6 years and 1 day to 7 years From 7 years 4 months and 1
s.                             nd    oths.                  day t 8 years and 8 months.day  o
From 8 years and 1 clay to 12 Ftom 8 years and 1 lay to 9 years  From 9 years 4 mqlths and 1'
years,                       anod 4to 10 ers                               8 months.
From 1Q years and 1 day to 12  From 10 years and 1 day to 10 From 10 years 8 mlonths and 1
years.                        years and 8 months.           day to 11 years atld 4 months.
From 8 years and 1 day to 1.i Prisi6n mayor in its medium de- Pri.i6n mlayor in its maximum
years and 8 months.           gree (8 years and 1 day to 10  degree (10 years and 1 day to
years).                      12 years).     -
From 8   cears and 1 day to 20 From 8 years and 1 day to 12 From 12 yeairsand 1 day to' it
years.                -       years.                        years.
From 8 years and 1 day t,) 14 From 8 years and 1 day to 10  From 10 vyears and I day to 12
years and 8 months,           yealrs. (Medium degree of prc-  years. (Maxsinum degree of
sidi-..a.y.)                  residio ayo.  pesdi )


Time includ(ed in its lmatxinum
degree.
From 3 years 9 months a1(nd 4
days to 4 years and 2 motnhs.
From 5 years 7 iionths Land 5.days to 6 years.
From 7 years 4 months and 1
day to 8 years.




Frolm 7 years 6 months and 2S
days to 8 years.
From 9 years 9 months and 1
day to 10 years.
From 8 years 11 months and It
days to 10 years.
From 10 years and 1 day to 12
years.
From 8 years 8 months and 1
day to 10 years.
From 10 years 8 months atnd 1
day to 12 years.
From 11 years 4 months and 1 -day to 12 years.
Reclusi6n tenmporal in its' ainin
mum degree (12 years ihld 1
day to 14 years tand 8 months).
KFrom 16 years and 1 day to 20
'ycars.
From 12 years and 1 (lay to 141
years and 8 months. (Minimum degree of caldewe.)




57. Maximum   degree of presidio
mayor in its medium degree
to cadena temporal in its
minimum degree.
58. Reclusi6in temporal............
59. Recllusi6u temporal in its medium and maximum degrees.
60. Reclusi6in temporal to reclusion
perpetta.
61. Rcclusi6n temporal to death....
62. Recllusi6s temporal in its maximum degree to death.
63. Reclhsi6a pcerptua to death....
64. Relegaci6n temporal............
65. Relegaci6n temporal in its innximum degree.
66. Maximum degree of srelecgai6n
temporal in its nmaxilmnu
degree.
67. Relegaci6n temporal in its maximum   degree to relegaci6n
perpetua.
68. Suspensio n.....................
69. Sus)ension in its milnilmu
and medium degrees.
70. Suspension in its medium and
maximum degrees.
71. Suspension in its maximum
degree to temporary absolute disqualification in its
minimum degree.
72. Suspension in its maximuml
degree to temporary absolute disqualification in its
medium degree.
73. Suspension in its medium and
maximum    degrees to temporary absolute disqualification in its medium degree.


From 12 years and 1 day to 14
years and 8 months. (Minimum degree of cadena temporal.)
From 12 years and 1 day to 20
years.
From 14 years 8 months and 1
day to 20 years.
From 12 years and 1 day to reclusi6? perpctua.
From 12 years and 1 day to death.
From 17 years 4 months and 1
day to death.
Reclusi6n perpetua to death......
From 12 years and 1 day to 20
years.
From 17 years 4 months and 1
day to 20 years.
From 19 years 1 month and 11
days to 20 years.
From 17 years 4 months and 1
day to relegaci6n )pepetua.
From 1 month and 1 day to 6 years.
From 1 month and 1 day to 4
years.
From 2 years and 1 (lay to 6 years.
Fro1 -1 years a(nd day to 8 years.
Frolm 4 years (and 1 (lay Io 10) years
Fro1-m 2 years and 1 day o( 10 years.


From 12 years and 1 day to 12
years. 10 months tand 20 dlays.
From 12 years and 1 day to 14
years and 8 months.
From 14 years 8 months and 1
day to 16 years 5 months and
10 days.
From 12 years and 1 day to 16
years.
From 12 years and 1 day to 20 years.
From 17 years 4 months and j day
to 20 years.
Reclusidsn peepetua..............
From 12 years and 1 day to 14
years and 8 months.
From 17 years 4 months and 1
day to 18 years 2 months and
20 days.
From 19 years 1 month and 11
days to 19 years 4 months and
25 davs.
From 17 years 4 months and 1
day to 18 years and 8 monlths.
From 1 month and 1 day to 2 years.
From 1 month and 1 day to 1 year
4 months and 20 days.
From 2 years and 1 day to 3 years
and 4 montls.
From 4 years and 1 day to 5 years
and 4 months.
Maaximulm degree of suspension.
(From 4 years iad 1 (day to 6
years.)
From 2 years iand 1 day tlI years
and 8 lmouths.


From 12 years 10 months and 21
days to 13 years 9 month:- atnd
10 days.
From 14 years 8 months and 1
day to 17 years and 4 months.
From 16 years 5 months and 11
days to 18 years 2 months and
20 days.
From 16 years and 1 day to 20
years.
Reelusi6& perpetua................... do.............................  o..........................
From 14 years 8 months and 1 day
to 17 years and 4 months.
From 18 years 2 months and 21
days to 19 years 1 mnonth and
10 days.
From 19 years 4 months and 26
days to 19 years 8 months and
13 days.
From 18 years 8 months and 1
day to 20 years.
From 2 years and 1 day to 4 yearsFrom 1 year4 moiths and 21 days
to 2 years 8 months and 10 days.
From 3 years 4 months and 1 day
to 4 years and 8 months.
From 5 years 4 months and 1 day
to 6 years and 8 lmonths.
Minimum degree of disqualification. (Fromi( years and I day
to 8 years.)
From 4 years 8 montls i iind 1 day
to 7 years and 4 months.


From 13 years 9 months and 11
days to 14 years and 8 months.
From 17 years 4 months anll 1
day to 20 years.
From 18 years 2 months and 21
days to 20 years.
Reclusi6un eperpetu.
Death.
Do.
Do.
From 17 years 4 months and I
day to 20 years.
From 19 years 1 month land 11
days to 20 years.
From 19 years 8 months and 14 I
days to 20 years.
Relcgaci6n perpetua.
From 4 years and 1 day to 6 years
From 2 years 8 months and 11
days to 4 years.
From 4 years 8 months and 1
(lay to 6 years.
From 6 years 8 months and 1
(lay to 8 years.
Medium degree of disqualification. (Fron 8 years and I day
to 10 years.)
From 7 years 4 months iand I
day to 10 years.








IN DEX.
Abandonment:.                                                                 Article.
Of office or public duties............................................. 372, 401
Of the education of children...............................                  588
Of children............................ 487-489, 588
Abduction of minors......................... —..........- -..... 484-486
Abduction of women................................................... 445-451
Abortion, crime of............................................. 410-413
Absconding and criminal failure and insolvency........................ 523-533
Abuses:
Of ecclesiastics...................................... 142,300,358,360,377
Against chastity............................................ 379, 380, 439
Of credulity by divination, etc........................................      591
Of rank...........................     10
Accessories in crimes, who are, their penalty, etc...............  3, 14, 68, 70, 72-76
Accomplices:
Who are such, etc......................... 10,12, 67, 69, 71, 75, 76, 125,450, 528
In misdemeanors...........................          606
Accusation or denunciation, penalties for calumnious, etc.................. 324-328
Acknowlegment of children...............................................  449
Acts of contumely...............-......................... 455, 467,590
Against the King         ^................................................. 161-162
Against the colegislative bodies or ministers of the Crown...............  169
Concession of permission to prosecute those committed during judicial
proceedings........................... 467
And omissions, voluntary.................-........-.......-....         1 et seq.
Administrative licenses........................................     486
Adoption an impediment to marriage...................................            477
Adulterated medicine, etc................          --........... 338,580
Adulterated substances....................................... 580, 581
Adultery....................................................... 423,433-437
Age, its influence in the increase or reduction of penalties.... 8, 9,10, 18, 85,108,129
Aggravating circumstances in crimes..........................         9,10, 77-97,567
Amnesty............................     130
Animals, fierce and dangerous......................... 584,595
Apprentices..........-..-...........-. —  -   -     ----       ----.    20
Arbitrary punishments, imposed by officials and authorities...........    194 et seq.
Archivists, faithlessness in the custody of documents.................... 360-362
Armed force....................................................... 10,166
Arms:
Their use without permission....................................... 576, 589
Discharge of, according to the cases.................................. 408, 572
In robbery...............................-............. 508 et seq.
In meeetings............................................   186
1570-      10                                                    145




146
Armistice.  (See Truce.)                                                     Article.
Arresto mayor............................. 25, 28,61,88,96,117,132
Arresto menor..................................25, 28,96,117,132
Assassination.......................................... 15,403,409
Assistance of armed men.............................................    10
Assistance to authorities refused, a crime.............................. 365,367
Attempted crimes....................... 3,66, 71, 72,150,158,163,407,506
Attempts:
At crime.........................                    3, 5,65, 158,163
Against the authorities, intimidations, etc..............................  259
Attorneys at law, wrongful advantage, etc............................ 356, 357, 364
Asylums, confinement of lunatics and imbeciles..........................          8
Auctions, frauds in....................................................   542
Authorities, public:
Attempts, resistance, disobedience, outrages, insults, and threats against 259-263
Lack of respect and obedience................ 573,574
Their duties in case of disturbance of public order.....................   245
Crimes committed before.............................................        10.
Seductions by.........................................   443
Banishment (penalty)............................. 25, 28, 29,88,96,114,127, 132
Bankers and owners of gambling houses.. —.. ---.......                      343
Bank notes, falsification of........................................... 293 et seq.
Bankruptcy, criminal and insolvency............ 523-533
Bankrupts....................................      529,530,531,532,533,606
Baths, violation of rules of decency and safety.............................  581
Betrayal of trust.........                   10
Betr           s................................               529
B ets - -- -—... -.-. ---- - - -- - ------------—.. -- ---—.. -- -. —. — -----------  529
Bigamy................................................................ 440,471
Bodies, crimes of violation of sepulchers, etc......................... 335,340,581
Boundaries of towns and estates, change of.............................     522
Breach of trust.....................................        10
Breaking of a sentence..................................                   127
Bribery................................................................ 381-389
Briefs, bulls, dispatches, illegal execution of............................  142,144
Buildings about to collapse.....................                         586
Cadena perpetua.................................. 25,28, 54,88,93,95,105-108,132
Cadena temporal............................... 25, 28,56,88,96,105-108,132
Cafes, taverns, bakeries, etc., adulteration of food stuffs and beverages, etc...  580
Other misdemeanors.........5....................                585
Callithumpian concerts...-..... --- —.- -.-    -...-..... --- —-...... 574
Calumnious denunciation...-.. --- —.........-. 423,433,437
Calumny defined, penalties, etc.................. 131,433-437,452,455
Castration, crime of..-...-.......-....................... ----..............  414
Cattle, damage to estates.......................................... 596-598
Caution (penalty)............................. 25, 28,44,50, 496
Censure.......................................................... 25,50,91,115
Certificates, falsification of. ---. ----..-......... -......  306
Challenge.   (See Duel.)
Chastity, abuse of...................................   379, 380, 439
Children, abandonment of.    (,See Relinquishment, etc.)..............  487-588
Circumstances in crimesWhich exempt............................................         8
Extenuating and aggravating...........................         9, 10, 77-97, 567
Civil interdiction defined, etc...................................... 25,42,54,451




147
Article.
Civil liability arising from a crime............................. 17-20,119-126,133
Civil status.  (See Fictitious births.)
Coercion, personal.................................             494, 498, 589
Concubinage....................................................         437
Concubine of a married man, with scandal..............................   437
Confinamiento (penalty)........................... 25,28, 60,88, 96, 114,127
Conspiracy to commit a crime............................. 4,137,158,163,235, 240
Consummated crimes.......................................... 3, 5, 65,158,163
Constitution, crimes against the.................................... 157 et seq.
Copyright. -(See Literary and industrial property.)
Correspondence, interception or opening of............................... 208-210
Corruption of minors........................-............... 444,448,451
Cortes, crimes against............................................. 165 et seq.
Costs and expenses in trials.................................25,4752
Craft, fraud, or disguise..,...........................................      10
Crimes and midemeanors:
Defined, etc........................................                 1-7
Attempted, consummated, and frustrated............ 3,5,65, 158, 163, 407,496
Committed during the service of a sentence..........................      129
Grave and less grave..................................................      6
Private............................................................ -   23
CriminalConcealment of property......................................... 317 et seq.
Insolvency. (See Bankruptcy.)
Intention...........................................................       9
Cults. (See Religion.)
Customs, grave offenses against modesty or customs...................... 441,442
Damage:
Crimes........................................................ 517, 562-567
Misdemeanors............................... 570, 595, 596,604
Accidental...........................................       8,84
Repair of...................................... 119,121,123
Dangerous animals................................................. 584,595
Death of the criminal, extinguishes liability..............................   130
(See Confession.)
Death, penalty of:
Its effects, execution, etc................................... 25,53,88,101-104
Prescription..........................................................     132
Defective substances..................................................       577
Defense, of one's self and property, and relatives, etc., exempts from liability.  8
Definition of crimes and misdemeanors..... —......................  1-7
Degradation....-.....-...................          25,54,118
Department of public prosecution:
Insults, etc.......................................................     264
Representation......................................................      448
Dependents............................                         20
Deportation.............................................................       212
Deposits......... —..-                  -—.......                535
DestructionMalicious, of property.................................................. 548
Or alteration of landmarks fixing the bounds of towns, etc.........  522 et seq.
Detention, illegal, of senators and deputies......................            170
Diplomas necessary to exercise a profession..............................  329,576
Discharge of firearms.................................................. 408, 572




148
Article.
Discretion of courts in punishment of misdemeanors........................      605
Disguise, craft, or fraud...................................................  10
Disinterments of human corpses, etc......................... 334,335
Disobedience.................................................      365
Disorders, public...........2..........      258-263,573
Dispatches, bulls, briefs, etc., illegal execution of........................  142,144
Disqualification, penalty of....................... 25, 27,28,31, 32,39,45,46,89,127
Disturbances, duties of authorities in case of -..-. ---. --- — ------—. —..     245
Divinations and other abuses of credulity..........-......................      591
Divorce, effects of final decree..........................   436
Documents:
Faithlessness in the custody of............................ 360-362
Falsification of. (See Falsities.)
Dowry:
Of a woman seduced...........-..........................  449
Of a woman who contracted an illegal marriage in good faith.........    480
Druggists.  (See Pharmacists.)
Drunkenness:
Extenuating circumstance......................................       9
Causing scandal....... 574
Causingel....................................................... 429432,167, 258
Duel —.. —. ----.-. --- —. ----. —. 429-432,167,258
Duration of penalties. ----.........                     —.. --- —..  28-30
(Table of division into degrees and their duration-(Appendix.)
Duty, fulfillment of, exempts from liability.............................         8
Ecclesiastical ministers.................................................. 142,443
Ecclesiastics, special provisions relating to............ 39,142,277,300,358,360,377
Education of children, abandonment of...-.............................  588
Election frauds........................................................ 181-191
Elections (crimes)...................................................... 246, 258
Emigration, criminal.....................-.....-..................     150
Employees....-.................... ---.. --- ——. ----.-..-.. —.... —  20
Escalamiento..................................... 10,508,512
Exorbitant fees by public employees........................... 213,216,396-399
Extenuating circumstances in crimes.............-   -.-      9,10, 60, 77-80
Extinction of liability................................ 130-133
Execution of penalties. (See Penalties.)
Failure, criminal........... —. -—.... -----  -—. --------       -----  523,533
Faithlessness in custodyOf prisoners.......................... 358,359
Of documents..................................................... 360,362
False keys.   (See Keys.)
False rumors......................................................... 544, 578
False swearing:   (See Perjury.)
Falsities and falsificationsIn elections......................................... 181-191
Of the signature or stamp of the King.........-.................. 266-268
Of seals and marks.............................................. 269-279
Of private marks or seals......................... -277
Of money..............................-........................-... - 280-288
Of bank notes, paper of the State, and stamped paper................ 300-303
Of private documents.............................-      --        304
Of cedulas or residence and certificates.......................... 306-311
Common provisions.....................                    312-316




149
Article.
False testimony.....................3..................................... 318
Fear.................................................................... 8, 18
Fictitious births.................................   468 et seq.
contracts to the prejudice of third persons.........................  538
names..................................... 331, 508
Fierce animals......................................... 584,595
Final sentence...................... 10,98,129
Fine, penalty of.................................... 24, 25, 49, 50, 83, 92, 94, 609
(S&e Misdemeanors.)
Firearms:
Discharge of, according to the case................................... 408, 572
In meetings.........................................        186
Used in robberies....................................... 508 et seq.
Use without permission.............................................   576,589
Fires, etc.................................... 548-551,599
Aggravating circumstances........................ 10, 13,403,416,586, 599, 600
Fishing and hunting, violation of laws regarding.....................   519, 593,600
Flight of prisoners, connivance................... 261,358,359
Flood, fire, and poison.............................................. 10,407,416
Forcible entry of dwellings.......................................... 205,491-493
King's palace...........................................  161
seizure of debtor's goods.                                          498
Forfeiture:
In cases of crime..................2....,..................  25, 62
In misdemeanors............................................ 607,608
Form of government, crimes against the.............................. 171,177
Foreigners...............................................................   138
Foreign monarchs. (See International law.)
Frauds................. 523-533, 534, 536, 541,567, 577, 578,591, 607
And illegal exactions................................................ 396-399
And other cheats.................................................. 5.34,541
Craft or disguise.....................................   10
Fraudulent weights and measures...............................-......    577
contracts to prejudice of a third person.........................  528
Frustrated crimes..............................................   3, 5, 65,158, 166
Fulfillment of duty exempts from liability..........................     8
Games, forbidden...............................................343-345,529,579
Gangs..................................................-..  10,504,505,509,563
Government, form of, crimes against............................-.... 171, 177
Graduated scales. (See Appendix.)
Grandparents. (See Infanticide; Relationship; Parricide.)
Grave and less grave crimes................................................  6
Grave offenses............................................            9
Guardians, what is prohibited them.....................            397,478
Homicide.............................................................. 404-407
(See Infanticide; Parricide; Assassination; Robbery.)
Honor, crimes against..................-................... 452
Hospitals —confinement of lunatics and imbeciles...........................     8
Hunting and fishing-violations..................................... 519, 593,600
Hygiene-regulations..................-...............................        580
Idiocy. (See Imbecility.)
Ignominy...............................................................  10
Illegal associations-secret societies..................................... 188-193
(See Meetings.)




150
Article.
Illegal condemnation by public officials....................................   217
(See Possession.)
Illegal appointments.........................................    379
Illegal detentions................................ 481-483,'200 et seq., 211, 212
Of senators and deputies...............................................  170
Provisional imprisonment.......................................           24
Illegal marriages................................................. 440,471-481
-Misdemeanors.......................................................    588
Illegal exactions by employees.................................. 213-216,396-399
Illicit. (See Illegal.)
Imbecility............................................................ 8,18, 100
Imposts. (See Exactions.)
Imprisonment, provisional -.................................    24
Improper exercise of a profession which requires a diploma............... 329, 576
Imprudence............................................................ 568,590
Incest.................................................. -......  443
Indemnification for losses and damages.. ----.. ---.......... 119-122 et seq.
Individual rights, crimes against -..-..............- ----—... ----... 179 et seq.
Industrial and literary property...................................  539
Infanticide or death of a new-born infant..............   409
Influence of age on duration of penalties................. 8,9,1, 18,85,108,129
Inhabited houses, defined.......................................  510
Inhabited places, what is understood thereby..............................  512
Innkeepers, liability of..............................................  19
Insanity or lunacy.................................................... 8,18,100
(See Lunacy. )
Insignia or decorations, their improper use, etc...........;.............  333
Insolvency, criminal......................................... 523,533
Instruments, legal, faithlessness in custody of........................ 360-362
Interception of correspondence.............................. 208-210
International law, attempts against foreign monarchs or their representatives,
piracy, etc.................................................... 151,152
Intoxication:
Causing scandal.....................................................     574
Extenuating circumstances.........................................       9
Inundation.   (See Flood.)
Irresistible force........................................... 10
Juries, liability of......................................................   368
Keepers of records, faithlessness punished.................... 360,362
Keys, false, and picklocks...................................... 508,512,515,516
Kidnaping.    (See Abduction.)
Kings:
Death of foreign potentates..........................................  151
Immunity......................................................   152
Landmarks, alteration of.................................................     522
Law, international.............................................. 151, 152
Lawyers.   (See Attorneys-at law.)
Law of nations. (See International law.)
Lenders............................................................    546-547
LIse Majeste, crime of.................................................. 157-164
Libel. (See Contumely.)
Liberty of education, abuses.......................................   192
Literary and industrial property.........................................  539




151
Article.
Loss of reason and self-control............................................     9
Lotteries, unauthorized..................................................     345
Lucid intervals...........................................................      8
Lunacy after the crime and after sentence has been passed..................   100
Lunatics, wandering through     streets and  public places without proper
guardian.......... —. —............... ---.......................      584
Luxury................................................................        529
Machinations to alter the price of things..... 542-545
Misdemeanor.........................................................      578
Maintenance of illegitimate children....................................      449
Malicious destruction of property........................... 548 et seq.
Malversation of public funds. (See Misappropriation.)
Manslaughter. (See Homicide; Infanticide; Assassination.)
Marriage impeded by adoption............................................  477
Masks................................   576
Masters, subsidiary liability of.............................................  20
Medicines, adulterated, etc............... 338, 580
Meetings, public..................................................... 188,193,582
Merchants...........                                                          527
Military service...................................................... 421-422
Minors:
Abuse of their lack of experience or passions, etc..................   540
Corruption of.......-.................................. 444,448,451
(See Marriage; Abduction, extenuating circumstances; Abduction of children, etc.)
Ministers of the Crown, crimes by and against............ 140, 165, et seq., 253, 256
Misappropriation of public funds........................................ 390-395
Misdemeanors:
Against general interests and the government of towns................ 577-586
Against persons..-..............-...-.................. 587-590
Against property.................................................. 591-604
Against public order.......................................    570-576
Defined....... —...-...... --- —--------------                            1
Prescription............121
Provisions common to misdemeanors       ---—.........    605-611
Punishment........................................... 5,6,65
Modesty, offenses against -....4.................. 441,442
Money:
Falsification of, etc................................................. 80-288
Refusal of legitimate and distribution of false, etc..............   577
Monarchs, foreign. (See International law.)
Mothers.   (See Infanticide.)
Mutilation........................415,503
Negligence, criminal............................................. 568, 590, 598
Newspapers, correction of calumnies... —.. —    ---------—..-               464
Noxious substances....................-...-..-..... —........... —.....   417
Obedience to authorities..-................ ---........................ 573-574
Officials..................................                                     20
Omissions and acts, voluntary..................................... 1 et seq.
Opening of correspondence. —....................'. 208-210
Outrages against deputies, senators, etc., what constitutes......... 167,168,253-257
(See Acts of contumely.)
Owners of gambling houses....-......................   343




152
Article.
Pardon..................................................   46,54,129,130, 2CS
Pardon or condonation, when efficient............................ 23,130,448,467
Parental authority: Correction of the child by the parent......       416
Parricide... —.. —.. —.-............................. 15, 318, 402, 407, 423
Patents.  (See Literary and industrial property.)
Pawnbrokers. —....... ---... —.. --- —...... — ----—.... —.. --- —-- 546,547
Pawning goods belonging to another.................................... 537
Pecuniary liabilities.......... --- —--—... ---... ---..-.-.     49
Penal action:
Is not extinguished by the pardon of the party in crimes prosecuted de
ofcio -—.................. —. 23
Prescription of........-............ -..... --- —--------.... ---.....-. 130
Penalties:
Arbitrary......................................................  194 et seq.
Division into degrees of all penalties.  (See Appendix; Prescription.)
For calumnious accusation......................-....... 324-328
Formation of graduated scales.  (See Appendix.)
Influenced by relationship......... 8,10,402,409,416, 419,422,443,450,465,567
Their classification, duration, and effects, rules for applying, etc......... 20,118
Personal cedulas, falsification of -... —........... — -----  --—.-. 306-311
Personal coercions....................................... 494-498,589
Persons:
Civilly  liable....................................................  17 et seq.
Criminally liable.......................................... 11,13
Perpetual expulsion.................................. 25, 28,55,88,89,93,111
Pharmacists........................................................    580
Physical injuries: Castration, mutilation, wounds, etc —.-.-. ----.   414,423,587,588
Physicians:
Abuse of their profession........-...-. -...-. ---..   309, 413,469
Misdemeanors committed by.........................................     584
Picklocks. (See Keys.)
Piracy..........................................................  153,154
Plans for regulating price of goods...............................        491
Pledge of a thing belonging to another.................................. 537
Poison.......................................................... 10,403,416,417
Police regulations, penalties which can be prescribed in..-............. ----  610
Possession, disturbance of a person in the, of his property...............  217
Premeditation.................................................. 10, 403, 416
Prescription of penalties and crimes, when it takes place -. ----... --- —- 130-133
Presidio correccional, mayor.......................... 25,28,57,58, 88, 89,96,112
Priests and ministers, provisions relating to............ 39,142, 300, 358,360,377
Principals of crimes, their liability, etc........ ---- --------—. 13,63,66,125,450
Printing, liability............................................. 7,10,193,442, 590
Prisoners. (See Flight.)
Prision correccional............................................   25, 88, 89, 96
Prisi6n mayor................. --- —..    -------            25, 28,61,88, 89,96
Private crimes................-......                                     23
Private documents, falsified.......... -..-. ----.......   304
Profanation of corpses, cemeteries, etc..................................  -.   581
Profession:
Usurpation of.....-. —....................................... 328-333
Exercise of, without a diploma..................................... 329, 576
Provisional imprisonment:
To be counted as part of correctional and light penalty...............  24




153
Property:                                                               Article.
Criminal concealment. 317 et seq.
Crimes against. (See Robbery, Theft, Usurpation, Frauds, etc.)
Prostitution:.
Violation of police regulations.:-............  581
Penalty incurred by the person who encourages the prostitution of minors.  444
Benefit denied to those who prostitute their wives and daughters........  423
Provocation                                -                                 9
of war, liability for. 134,136,141,145,149
Public acts, serious disturbance of order-in. 258-260
Publicity, an aggravating circumstance....................................  10
Public disorders. 258-263,573
Public duties,- anticipation of.............  369, 371
Public employees:
Crimes in the exercise of their duties, etc................ 194-218, 246, 346,400
Who are considered, forthe purposes -of the law-.......................  401
Public health-.336-342,417
Public offices:.
Elective, refusal of acceptance....................................... 369-372
Public office, abandonment of-.............                               368
Public order (crimes against), rebellion, sedition, etc..................... 372-401
Misdemeanors against -.........561
Public rumor.........                                                     448
Public scandal (crimes of)                                             440,442
Public vehicles..     -....... 584,595
Pupils:.20
Rank, acts in contempt of:..                      10
Rape of.a woman    -      -....................... 438,449,451,503
Rebellion...................................................... 229-235,243-248
Recidivist.......                                                    10,16,17
Reclusi6n          -25, 28,55, 59,88, 89,96,109
Refusal of assistance to the authorities.......................- -365-367
Regent of the Kingdom, attempts against..................................  163
Regicide.                                                           15,157-164
Regulations:
Penalties which may be prescribed inpolice      -610
Application of the code when referred to   --        --                610
Rehabilitation in rights, offices, etc.. 45,46
Relationship, influence in penalties      -8, 10,
402,409,416,419,422,423,443,450,465,567
Release of prisoners.                                                     261
Relegacion..............   24, 28,55, 59, 89, 93, 96, 110
Religion:
Crimes against the free exercise of.....................................  228
Misdemeanors                                                           571
Relinquishment of foundlings                                               588
Repair of damages-..............................................   120,122,124
Resistance and disobedience..............................................  252
Restitution...........-.....-..............120, 121,124
Retroactive effect..................................................... 2,121, 22
Rights:
The deprivation of, established in 'the-civil laws in a penal form not considered penalties...24
Of individuals, crimes against.........................................  179
1570       11




154
Article.
Robbery................................................................ 502-516
Liability of innkeepers, etc...................................        19
Sacred places.. --- —.. --- —--—.... --- —-....................-...            10
Sanitary regulations..............................  580
Scandal, public (crimes of)........................................    440, 442
Schemes to increase or reduce the price of goods............................  491
Seals and marks, falsified............................................... 259-279
Secrets, violation of, etc..-....... --- —--....... —. 356,363, 364,499, 501
Secret societies.........................................................  188,193
(See Meetings.)
Security of the State......................................................  134
Sedition...............................................................  246-258
Seduction............................................................... 443,444
Seizure with violence of a thing belonging to a debtor, etc..................  498
Self-defense exempts from liability................................    8
Servants.................-.................................... 20, 443,585
Sex, influence in liability and penalty................................. 10, 95,104
Sexual crimes. (See Adultery, Rape, Bigamy, etc.)
Signature of King, imitation of.......................................... 266-268
Special laws...............................................................   7
State, crimes against the................................................. 134-154
Streets and squares, violation of regulations........-....-....... 581, 584
Students.................................................................  20
Subornation........................................................... 381-389
Suicide.........................................-.......................  406
Supplies..............................................................   578
Support of illegitimate children............................................  449
Surgeons. (See Physicians.)
Suspension (penalty of) defined, effects of, duration, etc.................. 24, 25,
27, 37-39,41, 89,96,132
Suspension of public employees, when not considered a penalty.............  24
Syndics...........................                                       448
Tavern keepers.......................................... 19, 585
Teachers, liability-........................... 20,443,450
Temporary expulsion................................. 25,28,59,88,93,111
Theft.................................................19,517-520,591
Threats and coercion............................................... 494-498,589
Which constitute outrages against deputies, senators, authorities, etc.... 167,
168, 253-257
(See Public Authorities.)
Time of penalties................................... 28, 29
Table of division into degrees and duration. (See Appendix.)
Transactions forbidden to employees.......................................  400
Treachery.................................................. 10,403-416
Treaties................................................   138,140,141
Trees, felling of, in the estate of another, causing damage...................  602
(See Damage.)
Truce, violation of.   146
Tumults. (See Public order.)
Uninhabited places.................................................. 10,504,509
Unlawful. (See Illegal.)
Unsafe buildings...........................................  586




155


Usurpation:                                                                Article.
Of public duties, authority, profession, etc........................... 328-333
Of powers......................................................... 373-378
Of real property or of a property right.................................  521
Vagrancy...............................................................  10
Vehicles, public........................................................  584,595
Vengeance...............................................................     563
Violation:
Of secrets....................................................... 356, 363, 364
Of a truce. (See Truce.)
Violation of sepulchers............................................. 335,340,581
Violence...............................4................................  497,498
(See Robbery.)
Voluntary acts and omissions..............................................    1
W agers.......................... ---...............................    529
War, liability for its provocation, etc........................ 134,136,141,145,149
W aters...................................................................  603
Widow who marries before the legal period................................    476
Witnesses.  (See False testimony.)
Women:
Dowry of those seduced...............................................     449
Who contracted illegal marriage in good faith..........................  480
(,See Sex.)
Wounds. (See Physical injuries.)
Wrongful entry:
Of dwellings.................................................. 205,491-493
Of the residence of the King..........................................    161
/...




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