Chapter Five

INFIDELITY OF PUBLIC OFFICERS

Section One. - Infidelity in the custody of prisoners

Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to the
escape of a prisoner in his custody or charge, shall be punished:

1. By prision correccional in its medium and maximum periods and temporary special
disqualification in its maximum period to perpetual special disqualification, if the fugitive shall
have been sentenced by final judgment to any penalty.

2. By prision correccional in its minimum period and temporary special disqualification, in

case the fugitive shall not have been finally convicted but only held as a detention prisoner
for any crime or violation of law or municipal ordinance.

Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken place
through the negligence of the officer charged with the conveyance or custody of the escaping
prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period and temporary special disqualification.

Article 225. Escape of prisoner under the custody of a person not a public officer. - Any private
person to whom the conveyance or custody or a prisoner or person under arrest shall have been
confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer
the penalty next lower in degree than that prescribed for the public officer.

Section Two. - Infidelity in the custody of document

Article 226. Removal, concealment or destruction of documents. - Any public officer who shall
remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious
damage shall have been caused thereby to a third party or to the public interest.

2. The penalty of prision correccional in its minimum and medium period and a fine not
exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall
not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum period to
perpetual disqualification shall be imposed.

Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or property
sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the
penalties of prision correccional in its minimum and medium periods, temporary special
disqualification and a fine not exceeding 2,000 pesos.

Article 228. Opening of closed documents. - Any public officer not included in the provisions of the
next preceding article who, without proper authority, shall open or shall permit to be opened any
closed papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto
mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos.
Section Three. - Revelation of secrets

Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret
known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers
of which he may have charge and which should not be published, shall suffer the penalties of prision
correccional in its medium and maximum periods, perpetual special disqualification and a fine not
exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have
caused serious damage to the public interest; otherwise, the penalties of prision correccional in its
minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be
imposed.

Article 230. Public officer revealing secrets of private individual. - Any public officer to whom the
secrets of any private individual shall become known by reason of his office who shall reveal such
secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos.

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to
execute the judgment, decision or order of any superior authority made within the scope of the
jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto
mayor in its medium period to prision correccional in its minimum period, temporary special
disqualification in its maximum period and a fine not exceeding 1,000 pesos.

Article 232. Disobedience to order of superior officers, when said order was suspended by inferior
officer. - Any public officer who, having for any reason suspended the execution of the orders of his
superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer
the penalties of prision correccional in its minimum and medium periods and perpetual special
disqualification.

Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail
to lend his cooperation towards the administration of justice or other public service, if such failure
shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its
medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.

Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not
exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by
popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the
duties of said office.

Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, in addition to his liability for the physical injuries or damage
caused, shall be imposed upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by inflicting such punishment in a cruel and
humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner, the offender shall be punished by prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical
injuries or damage caused.

Section Two. - Anticipation, prolongation and abandonment of the duties and powers of public
office.

Article 236. Anticipation of duties of a public office. - Any person who shall assume the performance
of the duties and powers of any public officer or employment without first being sworn in or having
given the bond required by law, shall be suspended from such office or employment until he shall
have complied with the respective formalities and shall be fined from 200 to 500 pesos.

Article 237. Prolonging performance of duties and powers. - Any public officer shall continue to
exercise the duties and powers of his office, employment or commission, beyond the period provided
by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision
correccional in its minimum period, special temporary disqualification in its minimum period and a
fine not exceeding 500 pesos.

Article 238. Abandonment of office or position. - Any public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment of the public service shall suffer the penalty
of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be punished by prision correccional in its minimum and
medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.

Section Three. - Usurpation of powers and unlawful appointments

Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its minimum
period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed
upon any public officer who shall encroach upon the powers of the legislative branch of the
Government, either by making general rules or regulations beyond the scope of his authority, or by
attempting to repeal a law or suspending the execution thereof.

Article 240. Usurpation of executive functions. - Any judge who shall assume any power pertaining
to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall
suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period to
prision correccional in its minimum period and shall be imposed upon any officer of the executive
branch of the Government who shall assume judicial powers or shall obstruct the execution of any
order or decision rendered by any judge within its jurisdiction.

Article 242. Disobeying request for disqualification. - Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain
from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

Article 243. Orders or requests by executive officers to any judicial authority. - Any executive officer
who shall address any order or suggestion to any judicial authority with respect to any case or
business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty
of arresto mayor and a fine not exceeding 500 pesos.

Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or appoint to
any public office any person lacking the legal qualifications therefor, shall suffer the penalty
of arresto mayor and a fine not exceeding 1,000 pesos.

Section Four. - Abuses against chastity

Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in its medium
and maximum periods and temporary special disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is required to submit a report to or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of prisoners
or persons under arrest who shall solicit or make immoral or indecent advances to a woman
under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of
any person in the custody of such warden or officer, the penalties shall be prision correccional in its
minimum and medium periods and temporary special disqualification.

Title Eight

CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide

Article 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.

Article 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.
Article 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.

Article 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.

Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts of
the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a penalty lower by one degree than that which
should be imposed under the provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which
under Article 51 should be imposed for an attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. - When, while several persons, not composing
groups organized for the common purpose of assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or
persons who inflicted serious physical injuries can be identified, such person or persons shall be
punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of
prision correccional in its medium and maximum periods shall be imposed upon all those who shall
have used violence upon the person of the victim.

Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as

referred to in the preceding article, only serious physical injuries are inflicted upon the participants
thereof and the person responsible thereof cannot be identified, all those who appear to have used
violence upon the person of the offended party shall suffer the penalty next lower in degree than that
provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor
cannot be identified, all those who appear to have used any violence upon the person of the
offended party shall be punished by arresto mayor from five to fifteen days.

Article 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.

Article 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.

Section Two. - Infanticide and abortion.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Section Three. - Duel

Article 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.

Article 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.

Chapter Two
PHYSICAL INJURIES

Article 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.

Article 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.

Article 264. Administering injurious substances or beverages. - The penalties established by the

next preceding article shall be applicable in the respective case to any person who, without intent to
kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any
injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical
injuries not described in the preceding articles, but which shall incapacitate the offended party for
labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of
less serious physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or
offend the injured person, or under circumstances adding ignominy to the offense in addition to the
penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians,
curators, teachers, or persons of rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods, provided that, in the case of persons in authority,
the deed does not constitute the crime of assault upon such person.

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be
punished:

1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate
the offended party for labor from one to nine days, or shall require medical attendance during
the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has
caused physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the
offender shall ill-treat another by deed without causing any injury.