31/07/2019
Act No. 3815
8 months.
17 years and 4 20 years.
months.
Prision
mayor,
absolute
From 6 years and 1 From 6 years and 1 From 8 years and 1 From 10 years and 1
disqualification and
day to 12 years.
day to 8 years.
day to 10 years.
day to 12 years.
special
temporary
disqualification
From 2 years, 4
Prision correccional,
From 6 months and
From 4 years, 2
From 6 months and
months and 1 day to
suspension
and
1 day to 2 years and
months and 1 day to
1 day to 6 years.
4 years and 2
destierro
4 months.
6 years.
months.
Arresto mayor
From 1 month and 1
From 1 to 2 months.
day to months.
From 2 months and From 4 months and
1 day to 4 months.
1 day to 6 months.
Arresto menor
From 1 to 30 days.
From 11 to 20 days.
From 1 to 10 days.
From 21 to 30 days.
Article 77. When the penalty is a complex one composed of three distinct penalties. In cases in which the law
prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be
the minimum the next the medium, and the most severe the maximum period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods
shall be distributed, applying by analogy the prescribed rules.
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section One. General Provisions
Article 78. When and how a penalty is to be executed. No penalty shall be executed except by virtue of a final
judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or
incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in
which the penalties are to be suffered shall be observed with regard to the character of the work to be performed,
the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves
and other persons, the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at least into different
departments and also for the correction and reform of the convicts.
Article 79. Suspension of the execution and service of the penalties in case of insanity. When a convict shall
become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be
suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number
1 of Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have
prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict
is serving his sentence.
Article 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex, under sixteen years of
age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the
evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further
proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable
institution, established under the law of the care, correction or education of orphaned, homeless, defective, and
delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation
and supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or
otherwise by the superintendent of public schools or his representatives, subject to such conditions as are
prescribed hereinbelow until such minor shall have reached his majority age or for such less period as the court may
deem proper. The court, in committing said minor as provided above, shall take into consideration the religion of
such minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the
control and supervision of the religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools
or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the
court every four months and as often as required in special cases, a written report on the good or bad conduct of
said minor and the moral and intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent
of public schools or his representatives, according as to whether the conduct of such minor has been good or not
and whether he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of
this article shall not, however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of
this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a
responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement,
in accordance with the provisions of this article, he shall be returned to the court in order that the same may order
his final release.
In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been
committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be
returned to the court in order that the same may render the judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed,
shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to
do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support
him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the
municipality in which the offense was committed shall pay onethird of said expenses; the province to which the
municipality belongs shall pay onethird; and the remaining onethird shall be borne by the National Government:
Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share
https://lawphil.net/statutes/acts/act_3815_1930.html
11/42
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