Article 64Act No. 3815, Sec./Art. 64

Rules for the application of penalties which contain three periods.-In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of articles 76 and 77, the courts shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.

2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period.

3. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight.

5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances.

6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period.

7. Within the limits of each period, the courts shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Act, an inventory of all children in conflict with the law

under their custody.

SEC. 67. Children Who Reach the Age of Eighteen (18)

Years Pending Diversion and Court Proceedings. - If a

child reaches the age of eighteen (18) years pending

diversion

and

court

proceedings,

the

appropriate

diversion authority in consultation with the local social

welfare and development officer or the Family Court in

consultation with the Social Services and Counseling

Division (SSCD) of the Supreme Court, as the case may

be, shall determine the appropriate disposition. In case

the

appropriate

court

executes

the

judgment

of

conviction, and unless the child in conflict the law has

already availed of probation under Presidential Decree

No. 603 or other similar laws, the child may apply for

probation

if

qualified

under

the

provisions

of

the

Probation Law.

SEC. 68. Children Who Have Been Convicted and are

Serving Sentence. - Persons who have been convicted

and are serving sentence at the time of the effectivity of

this Act, and who were below the age of eighteen (18)

years at the time the commission of the offense for which

they were convicted and are serving sentence, shall

likewise benefit from the retroactive application of this

Act. They shall be entitled to appropriate dispositions

provided under this Act and their sentences shall be

adjusted accordingly. They shall be immediately released

if they are so qualified under this Act or other applicable

law.

TITLE IX FINAL PROVISIONS

SEC. 69. Rule Making Power. - The JJWC shall issue the

IRRs for the implementation of the provisions of this act

within ninety (90) days from the effectivity thereof.

SEC. 70. Separability Clause. - If, for any reason, any

section

or

provision

of

this

Act

is

declared

unconstitutional or invalid by the Supreme Court, the

other sections or provisions hereof not affected by such

declaration shall remain in force and effect.

SEC. 71. Repealing Clause. - All existing laws, orders,

decrees,

rules

and

regulations

or

parts

thereof

inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SEC. 72. Effectivity. - This Act shall take effect after

fifteen (15) days from its publication in at least two (2)

national newspapers of general circulation.

RA No 75 | Penalty for Acts Impairing Proper

Observance of Rights and Privileges of Foreign

Diplomatic and Consular Agents

REPUBLIC ACT No. 75

AN ACT TO PENALIZE ACTS WHICH WOULD IMPAIR

THE PROPER OBSERVANCE BY THE REPUBLIC AND

INHABITANTS

OF

THE

PHILIPPINES

OF

THE

IMMUNITIES,

RIGHT,

AND

PRIVILEGES

OF

DULY

ACCREDITED FOREIGN DIPLOMATIC AND CONSULAR

AGENTS IN THE PHILIPPINES

Section 1. Any person who shall falsely assume and take

upon himself to act as a diplomatic, consular, or any other

official of a foreign government duly accredited as such

to the Government of the Republic of the Philippines with

intent

to

defraud

such

foreign

government

or

the

Government of the Philippines, or any person, or in such

pretended character shall demand or obtain, or attempt

to obtain from person or from said foreign government or

the Government of the Philippines, or from any officer

thereof, any money, paper, document, or other thing, of

value, shall be fined not more than five thousand pesos,

or shall be imprisoned for not more than five years, or

both, in addition to the penalties that may be imposed

under the Revised Penal Code.

Section

2.

Any

person,

other than a diplomatic or

consular officer or attaché, who shall act in the Republic

of the Philippines as an agent of a foreign government

without prior notification to, and registration with, the

Secretary of Foreign Affairs shall be fined not more than

five thousand pesos, or imprisoned not more than five

years, or both, aside from other penalties that may be

imposed by law.

Section 3. Any person, who with intent to deceive or

mislead, within the jurisdiction of the Republic, wear any

naval, military, police, or other official uniform, decoration,

or regalia of any foreign State, nation or government with

which the Republic of the Philippines is at peace, or any

uniform, decoration or regalia so nearly resembling the

same as to be calculated to deceive, unless such wearing

thereof

be

authorized

by

such

State,

nation,

or

government, shall upon conviction, be punished by a fine

not exceeding two hundred pesos or imprisonment not

exceeding

six

months,

or

by

both

such

fine

and

imprisonment.

Section 4. Any writ or process sued out or prosecuted by

any person in any court of the Republic of the Philippines,

or by any judge or justice, whereby the person of any

ambassador or public minister of any foreign State,

authorized and received as such by the President, or any

domestic or domestic servant of any such ambassador or

minister is arrested or imprisoned, or his goods or chattels

are distrained, seized, or attached, shall be deemed void,

and every person by whom the same is obtained or

prosecuted, whether as party or as attorney, and every

officer concerned in executing it, shall upon conviction,

be punished by imprisonment for not more than three

years and a fine of not exceeding two hundred pesos in

the discretion of the court.

Section 5. The provisions of section four hereof shall not

apply to any case where the person against whom the

process is issued is a citizen or inhabitant of the Republic

of the Philippines, in the service of an ambassador or a

public minister, and the process is founded upon a debt

contracted before he entered upon such service; nor shall

the said section apply to any case where the person

against whom the process is issued is a domestic servant

of an ambassador or a public minister, unless the name of

the

servant

has,

before

the

issuing

thereof,

been

registered in the Department of Foreign Affairs, and

transmitted by the Secretary of Foreign Affairs to the

Chief of Police of the City of Manila, who shall upon

receipt thereof post the same in some public place in his

office. All persons shall have resort to the list of names so

posted in the office of the Chief of Police, and take copies

without fee.

Section 6. Any person who assaults, strikes, wounds,

imprisons or in any other manner offers violence to the

person of an ambassador or a public minister, in violation

of the law of nations, shall be imprisoned not more than

three years, and fined not exceeding two hundred pesos,

in the discretion of the court, in addition to the penalties

that may be imposed under the Revised Penal Code.

Section 7. The provisions of this Act shall be applicable

only in case where the country of the diplomatic or

consular representative adversely affected has provided

for similar protection to duly accredited diplomatic or

consular

representatives

of

the

Republic

of

the

Philippines by prescribing like or similar penalties for like

or similar offenses herein contained.

Section 8. This Act shall take effect upon its approval.

Approved: October 21, 1946

PD No 1829 | Obstruction of Justice

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND

PROSECUTION OF CRIMINAL OFFENDERS

© Compiled By RGL

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