Article 25Act No. 3815, Sec./Art. 25

Penalties which may be imposed.-The penalties which may be imposed, according to this Code, and their different classes, are those included in the following

SCALE

PRINCIPAL PENALTIES

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor.

Correctional penalties:

Prision correccional,

Arresto mayor,

Suspension,

Destierro.

Light penalties:

Arresto menor,

Public censure.

Penalties common to the three preceding classes:

Fine, and

Bond to keep the peace.

ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

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

Civil interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense,

Payment of costs.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

arresto

mayor

in

its

maximum

period

to

prision

correccional in its minimum period a fine not to exceed

Two

hundred

thousand

pesos

(P200,000),

if

the

prosecution is for a felony punishable by an afflictive

penalty, and the penalty of arresto mayor in any other

case.

Article 182. False testimony in civil cases. - Any person

found guilty of false testimony in a civil case shall suffer

the penalty of prision correccional in its minimum period

and a fine not to exceed One million two hundred

thousand pesos (P1,200,000), if the amount in controversy

shall exceed One million pesos (P1,000,000), and the

penalty of arresto mayor in its maximum period to prision

correccional in its minimum period and a fine not to

exceed Two hundred thousand pesos (P200,000), if the

amount in controversy shall not exceed said amount or

cannot be estimated.

Article 183. False testimony in other cases and perjury in

solemn affirmation. - The penalty of arresto mayor in its

maximum period to prision correccional in its minimum

period shall be imposed upon any person, who knowingly

makes untruthful statements and not being included in

the provisions of the next preceding articles, shall testify

under oath, or make an affidavit, upon any material

matter

before

a

competent

person

authorized

to

administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in

lieu of an oath, shall commit any of the falsehoods

mentioned in this and the three preceding articles of this

section, shall suffer the respective penalties provided

therein.

Article 184. Offering false testimony in evidence. - Any

person who shall knowingly offer in evidence a false

witness or testimony in any judicial or official proceeding,

shall be punished as guilty of false testimony and shall

suffer the respective penalties provided in this section.

Chapter Three FRAUDS

Section One. - Machinations, monopolies and combinations

Article 185. Machinations in public auctions. - Any person

who shall solicit any gift or promise as a consideration for

refraining from taking part in any public auction, and any

person who shall attempt to cause bidders to stay away

from an auction by threats, gifts, promises, or any other

artifice, with intent to cause the reduction of the price of

the thing auctioned, shall suffer the penalty of prision

correccional in its minimum period and a fine ranging

from 10 to 50 per centum of the value of the thing

auctioned.

Article 186. Monopolies and combinations in restraint of

trade.

-

The

penalty

of

prision

correccional

in

its

1

minimum period or a fine ranging from 200 to 6,000

pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or

agreement

or

shall

take

part

in

any conspiracy or

combination in the form of a trust or otherwise, in

restraint of trade or commerce or to prevent by artificial

means free competition in the market;

2. Any person who shall monopolize any merchandise or

object of trade or commerce, or shall combine with any

other person or persons to monopolize and merchandise

1 Sec 55(a) of RA No 10667, July 21, 2015.

Sec. 55. Repealing Clause — The following laws, and all other

laws, decrees, executive orders and regulations, or part or

parts thereof inconsistent with any provision of this Act, are

hereby

repealed,

amended

or

otherwise

modified

accordingly:

(a) Article 186 of Act No. 3815, otherwise known as the

Revised Penal Code: Provided, That violations of Article

186 of the Revised Penal Code committed before the

effectivity of this Act may continue to be prosecuted

unless the same have been barred by prescription, and

subject to the procedure under Section 31 of this Act.

or object in order to alter the price thereof by spreading

false rumors or making use of any other article to restrain

free competition in the market;

3. Any person who, being a manufacturer, producer, or

processor of any merchandise or object of commerce or

an importer of any merchandise or object of commerce

from any foreign country, either as principal or agent,

wholesaler or retailer, shall combine, conspire or agree in

any manner with any person likewise engaged in the

manufacture,

production,

processing,

assembling

or

importation of such merchandise or object of commerce

or with any other persons not so similarly engaged for the

purpose of making transactions prejudicial to lawful

commerce, or of increasing the market price in any part

of the Philippines, of any such merchandise or object of

commerce

manufactured,

produced,

processed,

assembled in or imported into the Philippines, or of any

article in the manufacture of which such manufactured,

produced,

or

imported

merchandise

or

object

of

commerce is used.

If the offense mentioned in this article affects any food

substance, motor fuel or lubricants, or other articles of

prime necessity, the penalty shall be that of prision mayor

in its maximum and medium periods it being sufficient

for the imposition thereof that the initial steps have been

taken

toward

carrying

out

the

purposes

of

the

combination.

Any property possessed under any contract or by any

combination mentioned in the preceding paragraphs,

and being the subject thereof, shall be forfeited to the

Government of the Philippines.

Whenever

any

of

the

offenses

described

above

is

committed by a corporation or association, the president

and each one of its agents or representatives in the

Philippines in case of a foreign corporation or association,

who shall have knowingly permitted or failed to prevent

the commission of such offense, shall be held liable as

principals thereof.

Section Two. - Frauds in commerce and industry

Article 187. Importation and disposition of falsely marked

articles or merchandise made of gold, silver, or other

precious metals or their alloys. - The penalty of prision

correccional or a fine ranging from Forty thousand pesos

(P40,000) to Two hundred thousand pesos (P200,000), or

both,

shall

be

imposed

on

any

person

who

shall

knowingly import or sell or dispose of any article or

merchandise made of gold, silver, or other precious

metals, or their alloys, with stamps, brands, or marks

which fail to indicate the actual fineness or quality of said

metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail

to indicate the actual fineness of the article on which it is

engraved, printed, stamped, labeled or attached, when

the rest of the article shows that the quality or fineness

thereof is less by more than one-half karat, if made of

gold, and less by more than four one-thousandth, if made

of silver, than what is shown by said stamp, brand, label or

mark. But in case of watch cases and flatware made of

gold, the actual fineness of such gold shall not be less by

more

than

three one-thousandth than the fineness

indicated by said stamp, brand, label, or mark.

Article

188.

Subsisting

and

altering

trademark,

trade-names, or service marks. - The penalty of prision

correccional in its minimum period or a fine ranging from

50 to 2,000 pesos, or both, shall be imposed upon:

1. Any person who shall substitute the trade name or

trademark of some other manufacturer or dealer or a

colorable imitation thereof, for the trademark of the real

manufacturer or dealer upon any article of commerce

and shall sell the same;

2. Any person who shall sell such articles of commerce or

offer the same for sale, knowing that the trade-name or

trade- mark has been fraudulently used in such goods as

described in the preceding subdivision;

© Compiled By RGL

25 of 201