Article 42Act No. 3815, Sec./Art. 42

Prision mayor-Its accessory penalties.-The penalty of prision mayor shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

upon

any

person

who

shall

damage

any

railway,

telegraph or telephone lines.

If the damage shall result in any derailment of cars,

collision or other accident, the penalty of prision mayor

shall be imposed, without prejudice to the criminal

liability of the offender for the other consequences of his

criminal act.

For the purpose of the provisions of the article, the

electric wires, traction cables, signal system and other

things

pertaining

to

railways,

shall

be

deemed

to

constitute an integral part of a railway system.

Article

331. Destroying or damaging statues, public

monuments or paintings. - Any person who shall destroy

or damage statues or any other useful or ornamental

public monument shall suffer the penalty of arresto

mayor in its medium period to prision correccional in its

minimum period.

Any person who shall destroy or damage any useful or

ornamental painting of a public nature shall suffer the

penalty of arresto menor or a fine not exceeding Forty

thousand

pesos

(P40,000),

or

both

such

fine

and

imprisonment, in the discretion of the court.

Chapter Ten EXEMPTION FROM CRIMINAL

LIABILITY IN CRIMES AGAINST PROPERTY

Article 332. Persons exempt from criminal liability. - No

criminal, but only civil liability, shall result from the

commission of the crime of theft, swindling or malicious

mischief committed or caused mutually by the following

persons:

1. Spouses, ascendants and descendants, or relatives by

affinity in the same line.

2. The widowed spouse with respect to the property

which belonged to the deceased spouse before the same

shall have passed into the possession of another; and

3.

Brothers

and

sisters

and

brothers-in-law

and

sisters-in-law, if living together.

The exemption established by this article shall not be

applicable to strangers participating in the commission of

the crime.

Title Eleven CRIMES AGAINST CHASTITY

Chapter One ADULTERY AND CONCUBINAGE

Article 333. Who are guilty of adultery. - Adultery is

committed by any married woman who shall have sexual

intercourse with a man not her husband and by the man

who has carnal knowledge of her knowing her to be

married, even if the marriage be subsequently declared

void.

Adultery shall be punished by prision correccional in its

medium and maximum periods.

If the person guilty of adultery committed this offense

while

being

abandoned

without justification by the

offended spouse, the penalty next lower in degree than

that provided in the next preceding paragraph shall be

imposed.

Article 334. Concubinage. - Any husband who shall keep

a mistress in the conjugal dwelling, or shall have sexual

intercourse,

under

scandalous

circumstances, with a

woman who is not his wife, or shall cohabit with her in

any other place, shall be punished by prision correccional

in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.

Chapter Two RAPE AND ACTS OF LASCIVIOUSNESS

Article 335. When and how rape is committed. - Rape is

committed by having carnal knowledge of a woman

under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise

unconscious; and

3. When the woman is under twelve years of age or is

demented.

The

crime

of

rape

shall

be

punished

by

reclusion

perpetua .

Whenever the crime of 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 death.

When the rape is attempted or frustrated 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, a

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 attendant

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.

3. when the rape is committed in full view of the husband,

parent, any of the children or other relatives within the

third degree of consanguinity.

4. when the victim is a religious or a child below seven (7)

years old.

5. when the offender knows that he is afflicted with

Acquired Immune Deficiency Syndrome (AIDS) disease.

6. when committed by any member of the Armed Forces

of the Philippines or the Philippine National Police or any

law enforcement agency.

7. when by reason or on the occasion of the rape, the

victim has suffered permanent physical mutilation.

(As amended by R.A. 2632, approved June 18, 1960, and

R.A. 4111, approved June 20, 1964, Republic Act No. 7659,

[December 13, 1993]).

(deemed repealed by The Anti-Rape Law of 1997,

Republic Act No. 8353, [September 30, 1997])

Article 336. Acts of lasciviousness. - Any person who shall

commit any act of lasciviousness upon other persons of

either sex, under any of the circumstances mentioned in

the

preceding

article,

shall

be

punished

by

prision

correccional.

Chapter Three SEDUCTION, CORRUPTION OF

MINORS AND WHITE SLAVE TRADE

Article 337. Qualified seduction. - The seduction of a

virgin over twelve years and under eighteen years of age,

committed by any person in public authority, priest,

home-servant, domestic, guardian, teacher, or any person

who,

in

any

capacity,

shall

be

entrusted

with

the

education or custody of the woman seduced, shall be

punished by prision correccional in its minimum and

medium periods.

The penalty next higher in degree shall be imposed upon

any person who shall seduce his sister or descendant,

whether or not she be a virgin or over eighteen years of

age.

Under

the

provisions

of

this

Chapter,

seduction

is

committed when the offender has carnal knowledge of

any

of

the

persons

and

under

the

circumstances

described herein.

© Compiled By RGL

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