Article 66Act No. 3815, Sec./Art. 66

Imposition of fines.-In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

"immediate family" shall include his or her spouse, fiancé

or fiancée, parent or child, brother or sister, grandparent

or grandchild, uncle or aunt, nephew or niece, and

guardian or ward.

As used in this Act, "custodial investigation" shall include

the practice of issuing an "invitation" to a person who is

investigated

in

connection

with

an

offense

he

is

suspected to have committed, without prejudice to the

liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel . – Assisting counsel is any

lawyer, except those directly affected by the case, those

charged with conducting preliminary investigation or

those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers

shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the

suspected person is chargeable with light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if

the suspected person is chargeable with less grave or

grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if

the suspected person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city

or

municipality

where

the

custodial

investigation

is

conducted,

provided

that if the municipality of city

cannot pay such fee, the province comprising such

municipality or city shall pay the fee: Provided, That the

Municipal or City Treasurer must certify that no funds are

available to pay the fees of assisting counsel before the

province pays said fees.

In the absence of any lawyer, no custodial investigation

shall be conducted and the suspected person can only be

detained by the investigating officer in accordance with

the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause . – (a) Any arresting public

officer or employee, or any investigating officer, who fails

to

inform

any

person

arrested,

detained

or

under

custodial investigation of his right to remain silent and to

have competent and independent counsel preferably of

his own choice, shall suffer a fine of Six thousand pesos

(P6,000.00) or a penalty of imprisonment of not less than

eight (8) years but not more than ten (10) years, or both.

The penalty of perpetual absolute disqualification shall

also be imposed upon the investigating officer who has

been previously convicted of a similar offense.

The same penalties shall be imposed upon a public

officer or employee, or anyone acting upon orders of such

investigating officer or in his place, who fails to provide a

competent

and

independent

counsel

to

a

person

arrested, detained or under custodial investigation for the

commission of an offense if the latter cannot afford the

services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any

lawyer, any member of the immediate family of a person

arrested, detained or under custodial investigation, or any

medical doctor or priest or religious minister chosen by

him or by any member of his immediate family or by his

counsel, from visiting and conferring privately with him,

or from examining and treating him, or from ministering

to his spiritual needs, at any hour of the day or, in urgent

cases,

of

the

night

shall

suffer

the

penalty

of

imprisonment of not less than four (4) years nor more

than six (6) years, and a fine of four thousand pesos

(P4,000.00).

The provisions of the above Section notwithstanding, any

security officer with custodial responsibility over any

detainee or prisoner may undertake such reasonable

measures as may be necessary to secure his safety and

prevent his escape.

Section 5. Repealing Clause . – Republic Act No. No. 857,

as amended, is hereby repealed. Other laws, presidential

decrees, executive orders or rules and regulations, or

parts thereof inconsistent with the provisions of this Act

are repealed or modified accordingly.

Section 6. Effectivity . – This Act shall take effect fifteen

(15) days following its publication in the Official Gazette or

in any daily newspapers of general circulation in the

Philippines.

Approved: April 27, 1992

SPL | Related to Crimes Against

National Security and the Law of

Nations

Book TWO Title ONE

CA No 616 | Espionage

June 4, 1941

COMMONWEALTH ACT NO. 616

AN

ACT

TO

PUNISH

ESPIONAGE

AND

OTHER

OFFENSES AGAINST THE NATIONAL SECURITY

SECTION 1. Unlawfully obtaining or permitting to be

obtained information affecting national defense . — (a)

Whoever,

for

the purposes of obtaining information

respecting the national defense with intent or reason to

believe that the information to be obtained is to be used

to the injury of the Philippines or of the United States, or

to the advantage of any foreign nation, goes upon, enters,

flies over, or otherwise obtains information concerning

any vessel, aircraft, work of defense, navy yard, naval

station, submarine base, coaling station, fort, battery,

torpedo station, dockyard, canal, railroad, arsenal, camp,

factory, mine, telegraph, telephone, wireless, or signal

station, building, office, or other place connected with the

national defense, owned or constructed, or in progress of

construction by the Philippines or by the United States or

under the control of the Philippines or of the United

States, or any of its officers or agents, or within the

exclusive jurisdiction of the Philippines or of the United

States, or any place in which any vessel, aircraft, arms,

munitions, or other materials or instruments for the use

in time of war are being made, prepared, repaired, or

stored,

under

any

contract

or

agreement

with

the

Philippines or the United States, or with any person on

behalf

of

the

Philippines

or

the

United

States,

or

otherwise on behalf of the Philippines or the United

States, or any prohibited place within the meaning of

section six hereof; or

(b) Whoever, for the purpose aforesaid, and with like

intent or reason to believe, copies, takes, makes, or

obtains, or attempts, or induces or aids another to copy,

take,

make,

or

obtain,

any

sketch,

photograph,

photographic

negative,

blueprint,

plan,

map,

model,

instrument, appliance, document, writing, or note of

anything connected with the national defense; or

(c) Whoever, for the purpose aforesaid, receives or obtains

or agrees or attempts or induces or aids another to

receive or obtain from any person, or from any source

whatever, any document, writing, code book, signal book,

sketch, photograph, photographic negative, blueprint,

plan, map, model, instrument, appliance, or note of

anything connected with the national defense, knowing

or having reason to believe, at the time he receives or

obtains, or agrees or attempts or induces or aids another

to receive or obtain it, that it has been or will be obtained,

taken, made, or disposed of by any person contrary to the

provisions of this Act; or

(d) Whoever, lawfully or unlawfully having possession of,

access to, control over, or being intrusted with any

document,

writing,

code

book,

signal

book,

sketch,

photograph, photographic negative, blueprint, plan, map,

model, instrument, appliance, or note relating to the

national defense, wilfully communicates or transmits or

attempts to communicate or transmit the same to any

person not entitled to receive it, or wilfully retains the

© Compiled By RGL

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