Article 183Act No. 3815, Sec./Art. 183

False testimony in other cases and perjury in solemn affirmation.-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

The same penalty shall be imposed when a person sets

fire to his own property under circumstances which

expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion

Temporal in its maximum period to Reclusion Perpetua

shall be imposed if the property burned is any of the

following:

1.

Any

ammunition

factory and other establishment

where explosives, inflammable or combustible materials

are stored.

2. Any archive, museum, whether public or private, or any

edifice devoted to culture, education or social services.

3. Any church or place of worship or other building where

people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft,

or conveyance for transportation of persons or property

4. Any building where evidence is kept for use in any

legislative,

judicial,

administrative

or

other

official

proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing

tenement, shopping center, public or private market,

theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not,

situated in a populated or congested area.

Section 3. Other Cases of Arson. The penalty of Reclusion

Temporal to Reclusion Perpetua shall be imposed if the

property burned is any of the following:

1. Any building used as offices of the government or any

of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine

shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain

field, orchard, bamboo grove or forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson.

The penalty in any case of arson shall be imposed in its

maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards

the owner or occupant of the property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned

or carried out by a group of three (3) or more persons.

Section 5. Where Death Results from Arson. If by reason

of or on the occasion of the arson death results, the

penalty of Reclusion Perpetua to death shall be imposed.

Section 6. Prima Facie evidence of Arson. Any of the

following

circumstances

shall

constitute

prima

facie

evidence of arson:

1. If the fire started simultaneously in more than one part

of the building or establishment.

2. If substantial amount of flammable substances or

materials are stored within the building note necessary in

the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or

combustible substances or materials soaked therewith or

containers

thereof,

or

any

mechanical,

electrical,

chemical, or electronic contrivance designed to start a

fire, or ashes or traces of any of the foregoing are found in

the ruins or premises of the burned building or property.

4. If the building or property is insured for substantially

more than its actual value at the time of the issuance of

the policy.

4.

If

during

the

lifetime

of

the

corresponding

fire

insurance policy more than two fires have occurred in the

same or other premises owned or under the control of

the offender and/or insured.

5. If shortly before the fire, a substantial portion of the

effects insured and stored in a building or property had

been

withdrawn

from

the

premises

except

in

the

ordinary course of business.

6. If a demand for money or other valuable consideration

was made before the fire in exchange for the desistance

of the offender or for the safety of the person or property

of the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to

commit arson shall be punished by Prision Mayor in its

minimum period.

Section 8. Confiscation of Object of Arson. The building

which is the object of arson including the land on which it

is situated shall be confiscated and escheated to the

State, unless the owner thereof can prove that he has no

participation in nor knowledge of such arson despite the

exercise of due diligence on his part.

Section 9. Repealing Clause. The provisions of Articles

320 to 326-B of the Revised Penal Code and all laws,

executive orders, rules and regulations, or parts thereof,

inconsistent with the provisions of this Decree are hereby

repealed or amended accordingly.

Section

10.

Effectivity.

This

Decree shall take effect

immediately upon publication thereof at least once in a

newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the

year of Our Lord, nineteen hundred and seventy-nine.

PD No 1689 | Qualified Estafa

PRESIDENTIAL DECREE No. 1689 April 6, 1980

INCREASING THE PENALTY FOR CERTAIN FORMS OF

SWINDLING OR ESTAFA

WHEREAS, there is an upsurge in the commission of

swindling and other forms of frauds in rural banks,

cooperatives,

"samahang

nayon

(s)",

and

farmers'

associations or corporations/associations operating on

funds solicited from the general public;

WHEREAS, such defraudation or misappropriation of

funds contributed by stockholders or members of such

rural

banks,

cooperatives,

"samahang

nayon(s)",

or

farmers'

associations,

or

of

funds

solicited

by

corporations/associations from the general public, erodes

the

confidence

of

the

public

in

the

banking

and

cooperative system, contravenes the public interest, and

constitutes

economic

sabotage

that

threatens

the

stability of the nation;

WHEREAS, it is imperative that the resurgence of said

crimes be checked, or at least minimized, by imposing

capital punishment on certain forms of swindling and

other

frauds

involving

rural

banks,

cooperatives,

"samahang

nayon(s)",

farmers'

associations

or

corporations/associations operating on funds solicited

from the general public;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Philippines, by virtue of the powers vested in me by

the Constitution, do hereby decree and order as follows:

Section 1. Any person or persons who shall commit estafa

or other forms of swindling as defined in Article 315 and

316 of the Revised Penal Code, as amended, shall be

punished by life imprisonment to death if the swindling

(estafa) is committed by a syndicate consisting of five or

more persons formed with the intention of carrying out

the unlawful or illegal act, transaction, enterprise or

scheme,

and

the

defraudation

results

in

the

misappropriation of money contributed by stockholders,

or

members of rural banks, cooperative, "samahang

nayon(s)", or farmers association, or of funds solicited by

corporations/associations from the general public.

© Compiled By RGL

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