Article 73Act No. 3815, Sec./Art. 73

Presumption in regard to the imposition of accessory penalties.-Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of articles 40, 41, 42, 43, 44, and 45 of this Code, it must be understood that the accessory penalties are also imposed upon the convict.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(i) Conscripting, enlisting or recruiting children under the

age of fifteen (15) years into the national armed forces;

(ii) Conscripting, enlisting or recruiting children under the

age of eighteen (18) years into an armed force or group

other than the national armed forces; and

(iii) Using children under the age of eighteen (18) years to

participate actively in hostilities; and

(25) Employing means of warfare which are prohibited

under international law, such as:

(i) Poison or poisoned weapons;

(ii)

Asphyxiating,

poisonous

or

other

gases,

and

all

analogous liquids, materials or devices;

(iii) Bullets which expand or flatten easily in the human

body, such as bullets with hard envelopes which do not

entirely cover the core or are pierced with incisions; and

(iv) Weapons, projectiles and material and methods of

warfare which are of the nature to cause superfluous

injury or unnecessary suffering or which are inherently

indiscriminate in violation of the international law of

armed conflict.

Any person found guilty of committing any of the acts

specified herein shall suffer the penalty provided under

Section 7 of this Act.

Section 5. Genocide - (a) For the purpose of this Act,

"genocide" means any of the following acts with intent to

destroy, in whole or in part, a national, ethnic, racial,

religious, social or any other similar stable and permanent

group as such:

(1) Killing members of the group;

(2) Causing serious bodily or mental harm to members of

the group;

(3) Deliberately inflicting on the group conditions of life

calculated to bring about its physical destruction in whole

or in part;

(4) Imposing measures intended to prevent births within

the group; and

(5) Forcibly transferring children of the group to another

group.

(b) It shall be unlawful for any person to directly and

publicly incite others to commit genocide.

Any person found guilty of committing any of the acts

specified in paragraphs (a) and (b) of this section shall

suffer the penalty provided under Section 7 of this Act.

Section 6. Other Crimes Against Humanity. - For the

purpose of this act, "other crimes against humanity"

means any of the following acts when committed as part

of a widespread or systematic attack directed against any

civilian population, with knowledge of the attack:

(a) Willful killing;

(b) Extermination;

(c) Enslavement;

(d) Arbitrary deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical

liberty in violation of fundamental rules of international

law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced

pregnancy, enforced sterilization, or any other form of

sexual violence of comparable gravity;

(h)

Persecution

against

any

identifiable

group

or

collectivity on political, racial, national, ethnic, cultural,

religious, gender, sexual orientation or other grounds that

are

universally

recognized

as

impermissible

under

international law, in connection with any act referred to in

this paragraph or any crime defined in this Act;

(i) Enforced or involuntary disappearance of persons;

(j) Apartheid; and

(k)

Other

inhumane

acts

of

a

similar

character

intentionally causing great suffering, or serious injury to

body or to mental or physical health.

Any person found guilty of committing any of the acts

specified herein shall suffer the penalty provided under

Section 7 of this Act.

CHAPTER IV PENAL PROVISIONS

Section

7.

Penalties.

-

Any

person

found

guilty of

committing any of the acts provided under Sections 4, 5

and 6 of this Act shall suffer the penalty of reclusion

temporal in its medium to maximum period and a fine

ranging

from

One

hundred

thousand

pesos

(Php

100,000.00)

to

Five

hundred

thousand

pesos

(Php

500,000.00).

When justified by the extreme gravity of the crime,

especially where the commision of any of the crimes

specified herein results in death or serious physical injury,

or

constitutes

rape,

and

considering

the

individual

circumstances of the accused, the penalty of reclusion

perpetua and a fine ranging from Five hundred thousand

pesos

(Php

500,000.00)

to

One

million

pesos

(Php

1,000,000.00) shall be imposed.

Any person found guilty of inciting others to commit

genocide referred to in Section 5(b) of this Act shall suffer

the penalty of prision mayor in its minimum period and a

fine ranging from Ten thousand pesos (Php 10,000.00) to

Twenty thousand pesos (Php 20,000.00).

In

addition,

the

court

shall

order

the

forfeiture

of

proceeds,

property

and

assets

derived,

directly

or

indirectly, from that crime, without prejudice to the rights

of bona fide third (3rd) parties. The court shall also

impose the corresponding accessory penalties under the

Revised Penal Code, especially where the offender is a

public officer.

CHAPTER V SOME PRINCIPLES OF CRIMINAL

LIABILITY

Section 8. Individual Criminal Responsibilities. - (a) In

addition

to

existing

provisions

in Philippine law on

principles of criminal responsibility, a person shall be

criminally liable as principal for a crime defined and

penalized in this Act if he/she:

(1) Commits such a crime, whether as an individual, jointly

with another or through another person, regardless of

whether that other person is criminally responsible;

(2) Orders, solicits or induces the commission of such a

crime which in fact occurs or is attempted;

(3) In any other way contributes to the commission or

attempted commission of such a crime by a group of

person

acting

with

a

common

purpose.

Such

contribution shall be intentional and shall either:

(i) be made with the aim of furthering the criminal

activity or criminal purpose of the group, where such

activity or purpose involves the commission of a crime

defined in this Act; or

(ii) be made in the knowledge of the intention of the

group to commit the crime.

(b) A person shall be criminally liable as accomplice for

facilitating

the

commission of a crime defined and

penalized in this Act if he/she aids, abets or otherwise

assists

in

its commission or attempted commission,

including providing the means for its commission.

(c) A person shall be criminally liable for a crime defined

and penalized in this Act if he/she attempts to commit

such a crime by taking action that commences its

execution by means of a substantial step, but the crime

does not occur because of circumstances independent of

the person's intention. However, a person who abandons

the effort to commit the crime or otherwise prevents the

completion

of

the

crime

shall

not

be

liable

for

punishment under this Act for the attempt to commit the

© Compiled By RGL

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