Article 45Act No. 3815, Sec./Art. 45

Confiscation and forfeiture of the proceeds or instruments of the crime.-Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

CHAPTER FOUR

APPLICATION OF PENALTIES

SECTION ONE.-Rules for the application of penalties to the persons criminally liable, criminally liable and for the graduation of the same

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

In such cases if the defendant proves the truth of the

imputation made by him, he shall be acquitted.

Article 362. Libelous remarks. - Libelous remarks or

comments connected with the matter privileged under

the provisions of Article 354, if made with malice, shall not

exempt the author thereof nor the editor or managing

editor of a newspaper from criminal liability.

Chapter Two INCRIMINATORY MACHINATIONS

Article 363. Incriminating innocent person. - Any person

who, by any act not constituting perjury, shall directly

incriminate

or

impute

to

an

innocent

person

the

commission of a crime, shall be punished by arresto

menor .

Article 364. Intriguing against honor. - The penalty of

arresto menor or fine not exceeding Twenty thousand

pesos (P20,000) shall be imposed for any intrigue which

has for its principal purpose to blemish the honor or

reputation of a person.

Title Fourteen QUASI-OFFENSES

Sole Chapter CRIMINAL NEGLIGENCE

Article 365. Imprudence and negligence. -Any person

who, by reckless imprudence, shall commit any act which,

had it been intentional, would constitute a grave felony,

shall suffer the penalty of arresto mayor in its maximum

period to prisión correccional in its medium period; if it

would have constituted a less grave felony, the penalty of

arresto mayor in its minimum and medium periods shall

be imposed; if it would have constituted a light felony, the

penalty of arresto menor in its maximum period shall be

imposed.

Any person who, by simple imprudence or negligence,

shall commit an act which would otherwise constitute a

grave felony, shall suffer the penalty of arresto mayor in its

medium

and

maximum

periods;

if

it

would

have

constituted a less serious felony, the penalty of arresto

mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall

have only resulted in damage to the property of another,

the offender shall be punished by a fine ranging from an

amount equal to the value of said damages to three (3)

times such value, but which shall in no case be less than

Five thousand pesos (P5,000).

A fine not exceeding Forty thousand pesos (P40,000) and

censure shall be imposed upon any person, who, by

simple imprudence or negligence, shall cause some

wrong which, if done maliciously, would have constituted

a light felony.

In the imposition of these penalties, the court shall

exercise their sound discretion, without regard to the

rules prescribed in Article 64.

The provisions contained in this article shall not be

applicable:

1. When the penalty provided for the offense is equal to or

lower than those provided in the first two (2) paragraphs

of this article, in which case the court shall impose the

penalty next lower in degree than that which should be

imposed in the period which they may deem proper to

apply.

2. When, by imprudence or negligence and with violation

of the Automobile Law, the death of a person shall be

caused, in which case the defendant shall be punished by

prisión correccional in its medium and maximum periods.

Reckless imprudence consists in voluntarily, but without

malice, doing or failing to do an act from which material

damage

results

by

reason

of

inexcusable

lack

of

precaution on the part of the person performing or failing

to

perform

such

act,

taking

into

consideration

his

employment

or

occupation,

degree

of

intelligence,

physical condition and other circumstances regarding

persons, time and place.

Simple imprudence consists in the lack of precaution

displayed in those cases in which the damage impending

to be caused is not immediate nor the danger clearly

manifest.

The penalty next higher in degree to those provided for in

this article shall be imposed upon the offender who fails

to lend on the spot to the injured parties such help as

may be in his hands to give.

(As

amended

by

R.A. 1790, approved June 21, 1957,

Republic Act No. 10951, [August 29, 2017]).

Title Fifteen FINAL PROVISIONS

Article 366. Application of laws enacted prior to this

Code. - Without prejudice to the provisions contained in

Article

22 of this Code, felonies and misdemeanors,

committed prior to the date of effectiveness of this Code

shall be punished in accordance with the Code or Acts in

force at the time of their commission.

Article 367. Repealing Clause. - Except as is provided in

the next preceding article, the present Penal Code, the

Provisional Law for the application of its provisions, and

Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559,

1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293,

2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 3195,

3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby

repealed.

The

provisions

of

the

Acts

which

are

mentioned

hereunder are also repealed, namely:

Act 666, Sections 6 and 18.

Act 1508, Sections 9, 10, 11, and 12.

Act 1524, Sections 1, 2, and 6.

Act 1697, Sections 3 and 4.

Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.

Act 2381, Sections 2, 3, 4, 6, 8, and 9.

Act 2711, Sections 102, 2670, 2671, and 2672.

Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58,

series of 1900, Section 106.

And all laws and parts of laws which are contrary to the

provisions of this Code are hereby repealed.

Approved: December 8, 1930

SPECIAL PENAL LAWS

SPL | Related to Book One of the RPC

PD No 1612 ANTI-FENCING LAW OF 1979

WHEREAS, reports from law enforcement agencies reveal

that

there

is

rampant

robbery

and

thievery

of

government and private properties;

WHEREAS, such robbery and thievery have become

profitable on the part of the lawless elements because of

the existence of ready buyers, commonly known as fence,

of stolen properties;

WHEREAS, under existing law, a fence can be prosecuted

only as an accessory after the fact and punished lightly;

WHEREAS, is imperative to impose heavy penalties on

persons who profit by the effects of the crimes of robbery

and theft.

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

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

the Constitution, do hereby order and decree as part of

the law of the land the following:

© Compiled By RGL

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