Article 31Act No. 3815, Sec./Art. 31

Effects of the penalties of perpetual or temporary special disqualification.-The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

If such office shall have been abandoned in order to

evade

the

discharge

of

the

duties

of

preventing,

prosecuting or punishing any of the crime falling within

Title One, and Chapter One of Title Three of Book Two of

this Code, the offender shall be punished by prision

correccional in its minimum and medium periods, and by

arresto mayor if the purpose of such abandonment is to

evade the duty of preventing, prosecuting or punishing

any other crime.

Section Three. - Usurpation of powers and unlawful

appointments

Article

239.

Usurpation

of legislative powers. - The

penalties of prision correccional in its minimum period,

temporary

special

disqualification

and

a

fine

not

exceeding Two hundred thousand pesos (P200,000), shall

be imposed upon any public officer who shall encroach

upon

the

powers

of

the

legislative

branch

of

the

Government,

either

by

making

general

rules

or

regulations beyond the scope of his authority, or by

attempting to repeal a law or suspending the execution

thereof.

Article 240. Usurpation of executive functions. - Any

judge who shall assume any power pertaining to the

executive authorities, or shall obstruct the latter in the

lawful exercise of their powers, shall suffer the penalty of

arresto

mayor

in

its

medium

period

to

prision

correccional in its minimum period.

Article 241. Usurpation of judicial functions. - The penalty

of

arresto

mayor

in

its

medium

period

to

prision

correccional in its minimum period and shall be imposed

upon

any

officer

of

the

executive

branch

of

the

Government who shall assume judicial powers or shall

obstruct the execution of any order or decision rendered

by any judge within its jurisdiction.

Article 242. Disobeying request for disqualification. - Any

public officer who, before the question of jurisdiction is

decided, shall continue any proceeding after having been

lawfully

required to refrain from so doing, shall be

punished by arresto mayor and a fine not exceeding One

hundred thousand pesos only (P100,000).

Article 243. Orders or requests by executive officers to

any judicial authority. - Any executive officer who shall

address any order or suggestion to any judicial authority

with respect to any case or business coming within the

exclusive jurisdiction of the courts of justice shall suffer

the penalty of arresto mayor and a fine not exceeding

One hundred thousand pesos (P100,000).

Article 244. Unlawful appointments. - Any public officer

who shall knowingly nominate or appoint to any public

office any person lacking the legal qualifications therefor,

shall suffer the penalty of arresto mayor and a fine not

exceeding Two hundred thousand pesos (P200,000).

Section Four. - Abuses against chastity

Article 245. Abuses against chastity; Penalties. - The

penalties

of

prision correccional in its medium and

maximum periods and temporary special disqualification

shall be imposed:

1. Upon any public officer who shall solicit or make

immoral or indecent advances to a woman interested in

matters pending before such officer for decision, or with

respect to which he is required to submit a report to or

consult with a superior officer;

2. Any warden or other public officer directly charged

with the care and custody of prisoners or persons under

arrest who shall solicit or make immoral or indecent

advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of

relative within the same degree by affinity of any person

in the custody of such warden or officer, the penalties

shall be prision correccional in its minimum and medium

periods and temporary special disqualification.

Title Eight CRIMES AGAINST PERSONS

Chapter One DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide

Article 246. Parricide. - Any person who shall kill his

father,

mother,

or

child,

whether

legitimate

or

illegitimate, or any of his ascendants, or descendants, or

his spouse, shall be guilty of parricide and shall be

punished by the penalty of reclusion perpetua to death.

Article 247. Death or physical injuries inflicted under

exceptional circumstances. - Any legally married person

who having surprised his spouse in the act of committing

sexual intercourse with another person, shall kill any of

them

or

both

of

them

in

the

act

or immediately

thereafter, or shall inflict upon them any serious physical

injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other

kind, he shall be exempt from punishment.

These

rules

shall

be

applicable,

under

the

same

circumstances, to parents with respect to their daughters

under eighteen years of age, and their seducer, while the

daughters are living with their parents.

Any

person

who

shall

promote

or

facilitate

the

prostitution of his wife or daughter, or shall otherwise

have consented to the infidelity of the other spouse shall

not be entitled to the benefits of this article.

Article 248. Murder. - Any person who, not falling within

the provisions of Article 246 shall kill another, shall be

guilty of murder and shall be punished by reclusion

perpetua to death, if committed with any of the following

attendant circumstances:

1. With treachery, taking advantage of superior strength,

with the aid of armed men, or employing means to

weaken the defense or of means or persons to insure or

afford impunity.

2. In consideration of a price, reward, or promise.

3.

By

means

of

inundation,

fire,

poison,

explosion,

shipwreck, stranding of a vessel, derailment or assault

upon a railroad, fall of an airship, or by means of motor

vehicles, or with the use of any other means involving

great waste and ruin.

4. On occasion of any of the calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a

volcano, destructive cyclone, epidemic or other public

calamity.

5. With evident premeditation.

6.

With

cruelty,

by

deliberately

and

inhumanly

augmenting the suffering of the victim, or outraging or

scoffing at his person or corpse.

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

1993])

Article 249. Homicide. - Any person who, not falling

within the provisions of Article 246, shall kill another

without the attendance of any of the circumstances

enumerated

in

the

next

preceding

article,

shall be

deemed guilty of homicide and be punished by reclusion

temporal.

Article 250. Penalty for frustrated parricide, murder or

homicide. - The courts, in view of the facts of the case,

may impose upon the person guilty of the frustrated

crime of parricide, murder or homicide, defined and

penalized in the preceding articles, a penalty lower by

one degree than that which should be imposed under

the provision of Article 50.

The courts, considering the facts of the case, may likewise

reduce by one degree the penalty which under Article 51

should be imposed for an attempt to commit any of such

crimes.

© Compiled By RGL

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