Article 15Act No. 3815, Sec./Art. 15

Their concept.-Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional it shall be considered as an aggravating circumstance.

TITLE TWO

PERSONS CRIMINALLY LIABLE FOR FELONIES

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

The suspension of the proceedings against a minor may

be

extended

or

shortened

by

the

court

on

the

recommendation of the Director of Public Welfare or his

authorized

representative

or

agents,

or

the

superintendent of public schools or his representatives,

according as to whether the conduct of such minor has

been good or not and whether he has complied with the

conditions imposed upon him, or not. The provisions of

the first paragraph of this article shall not, however, be

affected by those contained herein.

If the minor has been committed to the custody or care of

any of the institutions mentioned in the first paragraph of

this article, with the approval of the Director of Public

Welfare and subject to such conditions as this official in

accordance with law may deem proper to impose, such

minor may be allowed to stay elsewhere under the care of

a responsible person.

If the minor has behaved properly and has complied with

the

conditions

imposed

upon

him

during

his

confinement, in accordance with the provisions of this

article, he shall be returned to the court in order that the

same may order his final release.

In case the minor fails to behave properly or to comply

with the regulations of the institution to which he has

been committed or with the conditions imposed upon

him when he was committed to the care of a responsible

person, or in case he should be found incorrigible or his

continued stay in such institution should be inadvisable,

he shall be returned to the court in order that the same

may render the judgment corresponding to the crime

committed by him.

The expenses for the maintenance of a minor delinquent

confined

in

the

institution

to

which

he

has

been

committed, shall be borne totally or partially by his

parents or relatives or those persons liable to support

him, if they are able to do so, in the discretion of the court;

Provided, That in case his parents or relatives or those

persons liable to support him have not been ordered to

pay said expenses or are found indigent and cannot pay

said expenses, the municipality in which the offense was

committed shall pay one-third of said expenses; the

province to which the municipality belongs shall pay

one-third; and the remaining one-third shall be borne by

the

National

Government:

Provided,

however,

That

whenever

the

Secretary

of

Finance

certifies

that

a

municipality is not able to pay its share in the expenses

above mentioned, such share which is not paid by said

municipality shall be borne by the National Government.

Chartered cities shall pay two-thirds of said expenses; and

in case a chartered city cannot pay said expenses, the

internal revenue allotments which may be due to said city

shall be withheld and applied in settlement of said

indebtedness in accordance with section five hundred

and eighty-eight of the Administrative Code.

Section Two. - Execution of principal penalties.

Article 81. When and how the death penalty is to be

executed. - The death sentence shall be executed with

preference to any other penalty and shall consist in

putting the person under the sentence to death by lethal

injection. The death sentence shall be executed under the

authority of the Director of the Bureau of Corrections,

endeavoring so far as possible to mitigate the sufferings

of the person under the sentence during the lethal

injection as well as during the proceedings prior to the

execution.

The Director of the Bureau of Corrections shall take steps

to ensure that the lethal injection to be administered is

sufficient

to

cause

the

instantaneous

death

of the

convict.

Pursuant

to

this,

all

personnel

involved

in

the

administration of lethal injection shall be trained prior to

the performance of such task.

The authorized physician of the Bureau of Corrections,

after

thorough

examination,

shall

officially

make

a

pronouncement of the convict's death and shall certify

thereto in the records of the Bureau of Corrections.

The death sentence shall be carried out not earlier than

one (1) year nor later than eighteen (18) months after the

judgment

has

become

final

and

executory without

prejudice to the exercise by the President of his executive

clemency powers at all times.

(as amended by Republic Act No. 7659, [December 13,

1993], Republic Act No. 8177, [March 20, 1996])

Article 82. Notification and execution of the sentence

and assistance to the culprit. - The court shall designate a

working day for the execution but not the hour thereof;

and such designation shall not be communicated to the

offender before sunrise of said day, and the execution

shall not take place until after the expiration of at least

eight hours following the notification, but before sunset.

During the interval between the notification and the

execution, the culprit shall, in so far as possible, be

furnished such assistance as he may request in order to

be attended in his last moments by priests or ministers of

the religion he professes and to consult lawyers, as well as

in order to make a will and confer with members of his

family or persons in charge of the management of his

business, of the administration of his property, or of the

care of his descendants.

Article 83. Suspension of the execution of the death

sentence. - The death sentence shall not be inflicted upon

a woman while she is pregnant or within one (1) year after

delivery, nor upon any person over seventy years of age. In

this last case, the death sentence shall be commuted to

the penalty of reclusion perpetua with the accessory

penalties provided in Article 40.

In all cases where the death sentence has become final,

the records of the case shall be forwarded immediately by

the Supreme Court to the Office of the President for

possible exercise of the pardoning power.

(as amended by Republic Act No. 7659, [December 13,

1993])

Article 84. Place of execution and persons who may

witness the same. - The execution shall take place in the

penitentiary of Bilibid in a space closed to the public view

and shall be witnessed only by the priests assisting the

offender and by his lawyers, and by his relatives, not

exceeding six, if he so request, by the physician and the

necessary personnel of the penal establishment, and by

such persons as the Director of Prisons may authorize.

Article 85. Provisions relative to the corpse of the person

executed and its burial. - Unless claimed by his family, the

corpse of the culprit shall, upon the completion of the

legal

proceedings

subsequent

to

the

execution,

be

turned over to the institute of learning or scientific

research first applying for it, for the purpose of study and

investigation,

provided that such institute shall take

charge of the decent burial of the remains. Otherwise, the

Director of Prisons shall order the burial of the body of the

culprit at government expense, granting permission to be

present thereat to the members of the family of the

culprit and the friends of the latter. In no case shall the

burial of the body of a person sentenced to death be held

with pomp.

Article

86.

Reclusión

perpetua,

reclusión

temporal,

prisión mayor, prision correccional and arresto mayor. -

The penalties of reclusion perpetua, reclusion temporal,

prision mayor, prision correccional and arresto mayor ,

shall be executed and served in the places and penal

establishments provided by the Administrative Code in

force or which may be provided by law in the future.

Article 87. Destierro. - Any person sentenced to destierro

shall not be permitted to enter the place or places

designated in the sentence, nor within the radius therein

specified, which shall be not more than 250 and not less

than 25 kilometers from the place designated.

Article 88. Arresto menor. - The penalty of arresto menor

shall be served in the municipal jail, or in the house of the

defendant himself under the surveillance of an officer of

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