Article 33Act No. 3815, Sec./Art. 33

Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage.-The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence.

The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

4. The penalty of arresto mayor in its maximum period to

prision correccional in its minimum period, if the physical

injuries inflicted shall have caused the illness or incapacity

for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of

the

persons

enumerated

in

Article

246,

or

with

attendance of any of the circumstances mentioned in

Article 248, the case covered by subdivision number 1 of

this Article shall be punished by reclusion temporal in its

medium and maximum periods; the case covered by

subdivision

number

2

by

prision

correccional

in its

maximum period to prision mayor in its minimum period;

the case covered by subdivision number 3 by prision

correccional in its medium and maximum periods; and

the case covered by subdivision number 4 by prision

correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be

applicable to a parent who shall inflict physical injuries

upon his child by excessive chastisement.

Article

264.

Administering

injurious

substances

or

beverages.

-

The

penalties

established

by

the next

preceding article shall be applicable in the respective

case to any person who, without intent to kill, shall inflict

upon another any serious, physical injury, by knowingly

administering

to

him

any

injurious

substance

or

beverages or by taking advantage of his weakness of

mind or credulity.

Article 265. Less serious physical injuries. - Any person

who

shall

inflict

upon

another physical injuries not

described in the preceding articles, but which shall

incapacitate the offended party for labor for ten days or

more, or shall require medical assistance for the same

period, shall be guilty of less serious physical injuries and

shall suffer the penalty of arresto mayor .

Whenever less serious physical injuries shall have been

inflicted with the manifest intent to kill or offend the

injured person, or under circumstances adding ignominy

to the offense in addition to the penalty of arresto mayor ,

a fine not exceeding Fifty thousand pesos (P50,000) shall

be imposed.

Any

less

serious physical injuries inflicted upon the

offender's

parents,

ascendants,

guardians,

curators,

teachers, or persons of rank, or persons in authority, shall

be punished by prision correccional in its minimum and

medium periods, provided that, in the case of persons in

authority, the deed does not constitute the crime of

assault upon such person.

Article 266. Slight physical injuries and maltreatment. -

The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted

physical injuries which shall incapacitate the offended

party for labor from one to nine days, or shall require

medical attendance during the same period.

2. By arresto menor or a fine not exceeding Forty

thousand

pesos

(P40,000)

and

censure

when

the

offender

has

caused

physical injuries which do not

prevent the offended party from engaging in his habitual

work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not

exceeding

Five

thousand

pesos

(P5,000)

when

the

offender shall ill-treat another by deed without causing

any injury.

Article 266-A. Rape; When And How Committed. — Rape

is Committed —

1) By a man who shall have carnal knowledge of a woman

under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or

otherwise unconscious;

c) By means of fraudulent machination or grave abuse of

authority; and

d) When the offended party is under twelve (12) years of

age

or

is

demented,

even

though

none

of

the

circumstances mentioned above be present.

2) By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of

sexual assault by inserting his penis into another person's

mouth or anal orifice, or any instrument or object, into

the genital or anal orifice of another person.

Article 266-B. Penalties. — Rape under paragraph 1 of the

next preceding article shall be punished by reclusion

perpetua.

Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty shall be

reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim

has

become

insane,

the

penalty

shall

be

reclusion

perpetua to death.

When

the

rape

is

attempted

and

a

homicide

is

committed by reason or on the occasion thereof, the

penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, homicide

is committed, the penalty shall be death.

The death penalty shall also be imposed if the crime of

rape

is

committed

with

any

of

the

following

aggravating/qualifying circumstances:

1) When the victim is under eighteen (18) years of age and

the

offender

is

a

parent,

ascendant,

step-parent,

guardian, relative by consanguinity or affinity within the

third civil degree, or the common-law spouse of the

parent of the victim;

2) When the victim is under the custody of the police or

military authorities or any law enforcement or penal

institution;

3) When the rape is committed in full view of the spouse,

parent, any of the children or other relatives within the

third civil degree of consanguinity;

4) When the victim is a religious engaged in legitimate

religious vocation or calling and is personally known to be

such by the offender before or at the time of the

commission of the crime;

5) When the victim is a child below seven (7) years old;

6) When the offender knows that he is afflicted with

Human Immunodeficiency Virus (HIV)/Acquired Immune

Deficiency

Syndrome

(AIDS)

or

any

other

sexually

transmissible

disease

and

the

virus

or

disease

is

transmitted to the victim;

7) When committed by any member of the Armed Forces

of the Philippines or para-military units thereof or the

Philippine National Police or any law enforcement agency

or penal institution, when the offender took advantage of

his position to facilitate the commission of the crime;

8) When by reason or on the occasion of the rape, the

victim has suffered permanent physical mutilation or

disability;

9) When the offender knew of the pregnancy of the

offended party at the time of the commission of the

crime; and

10) When the offender knew of the mental disability,

emotional

disorder

and/or

physical

handicap

of the

offended party at the time of the commission of the

crime.

Rape under paragraph 2 of the next preceding article

shall be punished by prision mayor.

Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty shall be

prision mayor to reclusion temporal.

When by reason or on the occasion of the rape, the victim

has

become

insane,

the

penalty

shall

be

reclusion

temporal.

© Compiled By RGL

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