GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a fine not exceeding two
hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six
thousand pesos, shall be imposed upon:

1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or indirectly
take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races,
or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers
consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other
mechanical invention or contrivance to determine by chance the loser or winner of money or any object or
representative of value.

2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited
or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is
carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished
by the penalty provided for in this article in its maximum period.

(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or
banker in a game of jueteng or any similar game.
(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly
and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures,
signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has
taken place or about to take place.
• Art. 196. Importation, sale and possession of lottery tickets or
advertisements. — The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period or a fine ranging from 200 to 2,000
pesos, or both, in the discretion of the court, shall be imposed upon any
person who shall import into the Philippine Islands from any foreign place or
port any lottery ticket or advertisement or, in connivance with the importer,
shall sell or distribute the same.chanrobles virtual law library
• Any person who shall knowingly and with intent to use them, have in his
possession lottery tickets or advertisements, or shall sell or distribute the same
without connivance with the importer of the same, shall be punished by
arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of
the court.chanrobles virtual law library
• The possession of any lottery ticket or advertisement shall be prima facie
evidence of an intent to sell, distribute or use the same in the Philippine
Islands.c
• Art. 197. Betting in sports contests. — The
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be
imposed upon any person who shall bet
money or any object or article of value or
representative of value upon the result of
any boxing or other sports contests.
• Art. 198. Illegal betting on horse race. — The penalty of arresto menor
or a fine not exceeding 200 pesos, or both, shall be imposed upon any
person who except during the period allowed by law, shall be on horse
races. The penalty of arresto mayor or a fine ranging from 200 to 2,000
pesos, or both, shall be imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or other device or
scheme for betting on horse races or realizing any profit
therefrom.chanrobles virtual law library
• For the purposes of this article, any race held in the same day at the
same place shall be held punishable as a separate offense, and if the
same be committed by any partnership, corporation or association, the
president and the directors or managers thereof shall be deemed to be
principals in the offense if they have consented to or knowingly
tolerated its commission.
• Art. 199. Illegal cockfighting. — The penalty of arresto
menor or a fine not exceeding 200 pesos, or both, in
the discretion of the court, shall be imposed upon:
• 1. Any person who directly or indirectly participates in
cockfights, by betting money or other valuable things,
or who organizes cockfights at which bets are made,
on a day other than those permitted by
law.chanrobles virtual law library
• 2. Any person who directly or indirectly participates in
cockfights, at a place other than a licensed cockpit.c
 — Parricide, murder, homicide

• Art. 246. Parricide. — Any person who shall kill

his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty
of reclusion perpetua to death.
• Art. 247. Death or physical injuries inflicted under exceptional
circumstances. — Any legally married person who having surprised his
spouse in the act of committing sexual intercourse with another person,
shall kill any of them or both of them in the act or immediately thereafter,
or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.
• If he shall inflict upon them physical injuries of any other kind, he shall be
exempt from punishment.
• These rules shall be applicable, under the same circumstances, to parents
with respect to their daughters under eighteen years of age, and their
seducer, while the daughters are living with their parents.
• Any person who shall promote or facilitate the prostitution of his wife or
daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.
• Art. 248. Murder. — Any person who, not falling within the provisions of
Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of
the following attendant circumstances:
• 1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity.
• 2. In consideration of a price, reward, or promise.
• 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an airship,
by means of motor vehicles, or with the use of any other means involving great
waste and ruin.
• 4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.
• 5. With evident premeditation.
• 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
• Art. 249. Homicide. — Any person who, not
falling within the provisions of Article 246,
shall kill another without the attendance of
any of the circumstances enumerated in the
next preceding article, shall be deemed guilty
of homicide and be punished by reclusion
temporal.
• Art. 253. Giving assistance to suicide. — Any
person who shall assist another to commit
suicide shall suffer the penalty of prision mayor;
if such person leads his assistance to another to
the extent of doing the killing himself, he shall
suffer the penalty of reclusion temporal.
However, if the suicide is not consummated, the
penalty of arresto mayor in its medium and
maximum periods, shall be imposed.
• Art. 254. Discharge of firearms. — Any person
who shall shoot at another with any firearm
shall suffer the penalty of prision correccional
in its minimum and medium periods, unless
the facts of the case are such that the act can
be held to constitute frustrated or attempted
parricide, murder, homicide or any other
crime for which a higher penalty is prescribed
by any of the articles of this Code.
 — Infanticide and abortion

•
Art. 255. Infanticide. — The penalty provided for parricide in
Article 246 and for murder in Article 248 shall be imposed upon
any person who shall kill any child less than three days of age.
• If the crime penalized in this article be committed by the
mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prision correccional in
its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be prision
mayor.
• Art. 256. Intentional abortion. — Any person who shall
intentionally cause an abortion shall suffer:
• 1. The penalty of reclusion temporal, if he shall use any
violence upon the person of the pregnant woman.
• 2. The penalty of prision mayor if, without using
violence, he shall act without the consent of the
woman.
• 3. The penalty of prision correccional in its medium and
maximum periods, if the woman shall have consented.
• Art. 257. Unintentional abortion. — The
penalty of prision correccional in its minimum
and medium period shall be imposed upon
any person who shall cause an abortion by
violence, but unintentionally.
• Art. 258. Abortion practiced by the woman herself of by her parents. —
The penalty of prision correccional in its medium and maximum
periods shall be imposed upon a woman who shall practice abortion
upon herself or shall consent that any other person should do so.
– Any woman who shall commit this offense to conceal her dishonor, shall suffer
the penalty of prision correccional in its minimum and medium periods.
– If this crime be committed by the parents of the pregnant woman or either of
them, and they act with the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer the penalty of prision
correccional in its medium and maximum periods.
• Art. 259. Abortion practiced by a physician or midwife and dispensing
of abortives. — The penalties provided in Article 256 shall be imposed
in its maximum period, respectively, upon any physician or midwife
who, taking advantage of their scientific knowledge or skill, shall cause
an abortion or assist in causing the same.
– Any pharmacist who, without the proper prescription from a physician, shall
dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000
pesos.
 Duel
•
Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal
shall be imposed upon any person who shall kill his adversary in a duel.
• If he shall inflict upon the latter physical injuries only, he shall suffer the penalty
provided therefor, according to their nature.

• In any other case, the combatants shall suffer the penalty of arresto mayor, although
no physical injuries have been inflicted.

• The seconds shall in all events be punished as accomplices.

• Art. 261. Challenging to a duel. — The penalty of prision correccional in its minimum

period shall be imposed upon any person who shall challenge another, or incite
another to give or accept a challenge to a duel, or shall scoff at or decry another
publicly for having refused to accept a challenge to fight a duel.
 PHYSICAL INJURIES
•
Art. 262. Mutilation. — The penalty of reclusion
temporal to reclusion perpetua shall be imposed
upon any person who shall intentionally mutilate
another by depriving him, either totally or
partially, or some essential organ of reproduction.
• Any other intentional mutilation shall be
punished by prision mayor in its medium and
maximum periods.
• Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be
guilty of the crime of serious physical injuries and shall suffer:
• 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person
shall become insane, imbecile, impotent, or blind;
• 2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the
physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or
to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any
such member, or shall have become incapacitated for the work in which he was therefor habitually
engaged;
• 3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall have become deformed, or shall have lost any
other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the
performance of the work in which he as habitually engaged for a period of more than ninety days;
• 4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period,
if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.

• If the offense shall have been committed against any of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision
number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods;
the case covered by subdivision number 2 by prision correccional in its maximum period to prision
mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its
medium and maximum periods; and the case covered by subdivision number 4 by prision correccional
in its minimum and medium periods.
• The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict
physical injuries upon his child by excessive chastisement.
 ROBBERY IN GENERAL

•
Art. 293. Who are guilty of robbery. — Any
person who, with intent to gain, shall take any
personal property belonging to another, by
means of violence or intimidation of any
person, or using force upon anything shall be
guilty of robbery.
 BRIGANDAGE

Art. 306. Who are brigands; Penalty. — When

more than three armed persons form a band of
robbers for the purpose of committing robbery
in the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of
force and violence, they shall be deemed
highway robbers or brigands.
 THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who,
with intent to gain but without violence against or intimidation of persons nor
force upon things, shall take personal property of another without the latter's
consent.
• Theft is likewise committed by:
• 1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner;2. Any person who, after
having maliciously damaged the property of another, shall remove or make
use of the fruits or object of the damage caused by him; and
• 3. Any person who shall enter an inclosed estate or a field where trespass
is forbidden or which belongs to another and without the consent of its
owner, shall hunt or fish upon the same or shall gather cereals, or other
forest or farm products.
 Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

•
Art. 320. Destructive arson. — The penalty of reclusion
temporal in its maximum period to reclusion perpetua shall
be imposed upon any person who shall burn:
• 1. Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordinance, storehouse, archives or
general museum of the Government.chanrobles virtual
law library2. Any passenger train or motor vehicle in
motion or vessel out of port.chanrobles virtual law library
• 3. In an inhabited place, any storehouse or factory of
inflammable or explosive materials
 MALICIOUS MISCHIEF
•
Art. 327. Who are liable for malicious mischief. — Any person who shall
deliberately cause the property of another any damage not falling within the
terms of the next preceding chapter shall be guilty of malicious mischief.
• Art. 328. Special cases of malicious mischief. — Any person who shall cause
damage to obstruct the performance of public functions, or using any poisonous
or corrosive substance; or spreading any infection or contagion among cattle; or
who cause damage to the property of the National Museum or National Library,
or to any archive or registry, waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:
– 1. By prision correccional in its minimum and medium periods, if the value of the
damage caused exceeds 1,000 pesos;
– 2. By arresto mayor, if such value does not exceed the abovementioned amount but it is
over 200 pesos; and
– 3. By arresto menor, in such value does not exceed 200 pesos.
•
Art. 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.
• Art. 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.
•
Art. 349. Bigamy. — The penalty of prision
mayor shall be imposed upon any person who
shall contract a second or subsequent
marriage before the former marriage has been
legally dissolved, or before the absent spouse
has been declared presumptively dead by
means of a judgment rendered in the proper
proceedings.
• Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of
a vice or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one who is dead.

• Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its

maximum period to prision correccional in its minimum period if it is of a serious and
insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding
200 pesos.

• Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos
shall be imposed upon any person who shall perform any act not included and
punished in this title, which shall cast dishonor, discredit or contempt upon another
person. If said act is not of a serious nature, the penalty shall be arresto menor or a
fine not exceeding 200 pesos.