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Friday, December 13, 2013

GUIDE TO BAIL IN THE PHILIPPINES

Do you know how much bail to post in specific circumstances? Depending on the crime, sometimes, bail is not required. Other times, the accused may not be allowed post any bail. Below is a comprehensive guide on how much bail to post.

FELONY/OFFENSE PENALTY AMOUNT OF BAIL
ABANDONMENT
Of person in danger and abandonment of one's own victim (Art. 275) Arresto mayor Bail Not Required
Of child under seven years of age under custody of offender (Art. 276, 1st Par.) Arresto mayor and fine not exceeding P500.00 Bail Not Required
When death of the minor results from such abandonment (Art. 276, 2nd Par. 1st phrase) Prision correctional medium and maximum P12,000.00
If the life of the minor shall have been in danger only (Art. 276, 2nd Par., 2nd phrase) Prision correctional minimum and medium P10,000.00
Abandonment of minor by person entrusted with his custody (Art. 277, 1st Par.) Arresto mayor and fine not exceeding P500.00 Bail Not Required
Neglect by parents of their duty to give proper education to their children (Art. 277, 2nd Par.) Arresto mayor and fine not exceeding P500.00 Bail Not Required
ABDUCTION
Forcible (Art. 342) Reclusion temporal P40,000.00
- Frustrated Prision mayor P24,000.00
- Attempted Prision correctional P12,000.00
Forcible abduction with simple rape (Sexual Intercourse) Reclusion Perpetua No Bail
(Art. 342 in rel. to Arts. 266-A, Par. 1 and 266-B 1st Par.)
Forcible abduction with rape (Sexual Intercourse) qualified by any of the circumstances under Art. 266-B, 2nd, 3rd & 4th Pars. Death No Bail
(Art. 342 in rel. to Art. 266-B 2nd, 3rd, 4th Pars.)
Forcible abduction with rape (Sexual Intercourse) qualified by any of the circumstances under Art. 266-B, 5th & 6th Pars. Death No Bail
Forcible abduction with rape under Art. 266-A Reclusion Temporal P200,000.00
Par. 2 (committed by inserting penis into another's mouth, or anal oriface; or any instrument or object, into the genital or anal oriface of another person Maximum
(Art. 342 in rel. to Art. 266-A Par. 2 and Art. 266-B, 7th Par.)
Forcible abduction with rape under Art. 266-A Par. 2 with any one of the 10 qualifying circumstances in Art. 266-B, 6th Par. Reclusion Temporal Maximum P200,000.00
(Art. 342 in rel. to Art. 266-A Par. 2 and Art. 266-B, 6th and 12th Pars.)
Forcible abduction with rape under Art. 266-A Par. 2 with the use of a deadly weapon or by two or more persons Reclusion Temporal Maximum P200,000.00
(Art. 342 in rel. to Art. 266-A Par. 2 and Art. 266-B, 8th Par.)
Forcible abduction with rape under Art. 266-A, Par. 2, where the victim has become insane. Reclusion Temporal Maximum P200,000.00
(Art. 342 in rel. to Art. 266-A Par. 2 and Art. 266-B, 9th Par.)
Forcible abduction with attempted rape with homicide under Art. 266-A, Par. 2 Reclusion Perpetua No Bail
(Art. 342 in rel. to Art. 266-A Par. 2 and Art. 266-B, 10th Par.)
Forcible abduction with rape with homicide under Art. 266-A, Par. 2 Reclusion Perpetua No Bail
(Art. 342 in rel. to Art. 266-A Par. 2 and Art. 266-B, 11th Par.)
Consented Abduction (Art. 343) Prision correctional minimum and medium P10,000.00
- Frustrated Arresto mayor medium and maximum Bail Not Required
- Attempted Arresto mayor minimum Bail Not Required
ABORTION
Intentional abortion (Art. 256)
If offender shall use violence on the pregnant woman (Art. 256, No. 1) Reclusion temporal P40,000.00
If without using violence, offender shall act without the consent of the woman (Art. 256, No. 2) Prision mayor P24,000.00
If the woman shall have consented (Art. 256, No. 3) Prision correccional medium and maximum P12,000.00
If the woman shall practice abortion upon herself or shall consent that another should do so (Art. 258, 1st Par.) Prision correccional medium and maximum P12,000.00
If the woman committed abortion upon herself to conceal her dishonor (Art. 258, 2nd Par.) Prision correccional minimum and medium P10,000.00
If crime be committed by parents of pregnant woman or either of them with the woman's consent to conceal her dishonor (Art. 258, 3rd Par.) Prision correctional medium and maximum P12,000.00
Abortion practiced by a physician or midwife and dispensing of abortives (Art. 259)
With the use of violence (Art. 259, 1st Par., in relation to Art. 256, No. 1) Reclusion temporal maximum P40,000.00
Without violence but without consent of the woman (Art. 259, 1st Par. in relation to Art. 256, No. 2) Prision mayor maximum P24,000.00
If the woman shall have consented (art. 259, 1st Par. in relation to Art. 256, No. 3) Maximum period of prision correccional medium and maximum P12,000.00
Dispensation of abortive by a pharmacist without the proper prescription from a physician (Art. 259, 2nd Par.) Arresto mayor and fine not exceeding P1,000.00 Bail Not Required
Unintentional Abortion (Art. 257) Prision correccional minimum and medium P10,000.00
VIOLATION OF THE REVISED PENAL CODE
DISTURBANCES OF PUBLIC ORDERS (Art. 153)
- Serious disturbance or interruptions (1st Par.) Arresto mayor medium to prision correccional minimum and fine not exceeding P1,000.00 P6,000.00
- If tumultuous in character (2nd Par.) Prision correccional medium to prision mayor minimum and fine not exceeding P1,250.00 P16,000.00
- Making any outcry tending to incite rebellion or sedition, or displaying placards or emblems which provoke a disturbance or public order (4th Par.) Arresto mayor Bail Not Required
- Burying with pomp the body of person who has been legally executed (5th Par., Art. 153) Arresto menor and fine note exceeding P200.00 Bail Not Required
DOMICILE
Violation of Domicile (Art. 128)
Entering any dwelling against the will of the owner, etc. (1st Par.) Prision correccional minimum P6,000.00
- If committed at nighttime or if any papers or effects not constituting evidence of a crime be not returned immediately after the search (2nd Par.) Prision correccional medium and maximum P12,000.00
- Searching domicile without witnesses (Art. 130) Arresto mayor medium and maximum Bail Not Required
DUEL (Art. 260)
- If accused kills his adversary in a duel (1st Par.) Reclusion temporal P40,000.00
- If accused inflicts physical injuries, he shall suffer the penalty therefor according to the nature of injuries (2nd Par.) Same as in physical injuries (Arts. 262, 263, 265, 266) See bail under physical injuries
- Combatants in a duel, although no physical injuries have been inflicted (3rd Par.) Arresto Mayor Bail Not Required
- Seconds in duel (4th Par.) One degree lower than the corresponding above penalties Bail corresponding to the penalty
Challenges to a duel, inciting another to a duel, publicly, scoffing at or decrying another for having refused to accept the challenge (Art. 261) Prision correccional minimum P6,000.00
ESPIONAGE (Art. 117)
- Entering a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines (No. 1)
- If offender is a private person Prision correccional P12,000.00
- If offender is a public employee or officer Prision mayor P24,000.00
- Disclosing to a representative of a foreign nation contents of articles, data, or information of confidential nature referred to in No. 1 which he has in his possession by reason of the public office he holds (No. 2) Prision mayor P24,000.00
For other forms of espionage, see Commonwealth Act 616
ESTAFA. (Art. 315, No. 1 (a), (b), and (c); No. 2(a), (b), (c) and (e); and No. 3(a), (b) and (c)
- If the amount is over P22,000.00 Maximum period of prision correccional maximum to prision mayor minimum plus one year for each additional P10,000.00 in excess of P22,000.00, but the total penalty shall not exceed 20 years See specific amount with corresponding bail below
- If the amount is P142,000 or over 20 years of reclusion temporal maximum (Maximum period of prision correccional maximum to prision mayor minimum plus 12 years) P40,000.00
- Frustrated Reclusion temporal medium P36,000.00
- Attempted Reclusion temporal minimum P30,000.00
- If the amount is P132,000.00 or over but less than P142,000 19 years of reclusion temporal maximum (Maximum period of prision correccional maximum to prision mayor minimum plus 11 years) P34,000.00
- Frustrated Reclusion temporal medium P30,000.00
- Attempted Reclusion temporal minimum P24,000.00
- If the amount is P122,000.00 or over but less than P132,000.00 18 years of reclusion temporal maximum (Maximum period of prision correccional maximum to prision mayor minimum plus 10 years P32,000.00
- Frustrated Reclusion temporal medium P30,000.00
- Attempted Reclusion temporal minimum P24,000.00
- If the amount is P92,000.00 or over but less than P102,000.00 15 years of reclusion temporal medium (Maximum period of prision correccional maximum to prision mayor minimum plus 7 years) P30,000.00
- Frustrated Reclusion temporal minimum P28,000.00
- Attempted Prision mayor maximum P24,000.00
- If the amount is P82,000.00 or over but less than P92,000.00 14 years of reclusion temporal minimum (Maximum period of prision correccional maximum to prision mayor minimum plus 6 years P28,000.00
- Frustrated Prision mayor maximum P24,000.00
- Attempted Prision mayor medium P20,000.00
- If the amount is P72,000.00 or over but less than P82,000.00 13 years of reclusion temporal minimum (Maximum period of prision correccional maximum to prision mayor minimum plus 5 years P26,000.00
- Frustrated Prision mayor maximum P24,000.00
- Attempted Prision mayor medium P20,000.00
- If the amount is P62,000.00 or over but less than P72,000.00 12 years of prision mayor maximum (Maximum period of prision correccional maximum to prision mayor minimum plus 4 years) P24,000.00
- Frustrated Prision mayor medium P20,000.00
- Attempted Prision mayor minimum P16,000.00
- If the amount is P52,000.00 or over but less than P62,000.00 11 years of prision mayor maximum (Maximum period of prision correccional maximum to prision mayor minimum plus 3 years) P22,000.00
- Frustrated Prision mayor medium P20,000.00
- Attempted Prision mayor minimum P16,000.00
- If the amount is P42,000.00 or over but less than P52,000.00 10 years of prision mayor medium (Maximum period of prision correccional maximum to prision mayor minimum plus 2 years) P20,000.00
- Frustrated Prision mayor minimum P16,000.00
- Attempted Prision correccional maximum P12,000.00
- If the amount is P32,000.00 or over but less than P42,000.00 9 years of prision mayor medium (Maximum period of prision correccional maximum to prision mayor minimum plus 1 year) P18,000.00
- Frustrated Prision mayor minimum P16,000.00
- Attempted Prision correccional maximum P12,000.00
- If the amount is P22,000.00 or over but less than P32,000.00 Maximum period of prision correccional maximum to prision mayor minimum P16,000.00
- Frustrated Medium period of prision correccional maximum to prision mayor minimum P14,000.00
- Attempted Minimum period of prision correccional maximum to prision mayor minimum P12,000.00
- If the amount is P12,000.00 or over but less than P22,000.00 Prision correccional maximum to prision mayor minimum P16,000.00
- Frustrated Prision correccional minimum and medium P10,000.00
- Attempted Arresto mayor medium and maximum Bail Not Required
- If the amount is P6,000.00 or over but but does not exceed P12,000.00 Prision correccional minimum and medium P10,000.00
- Frustrated Arresto mayor medium and maximum Bail Not Required
- Attempted Arresto minimum or destierro maximum Bail Not Required
- If the amount is over P200.00 but does not exceed P6,000.00 Arresto mayor maximum to prision correccional minimum P6,000.00
- Frustrated Arresto mayor minimum and medium Bail Not Required
- Attempted Destierro medium and maximum Bail Not Required
- If the amount does not exceed P200.00 Arresto mayor medium and maximum Bail Not Required
- Frustrated Arresto mayor minimum or destierro maximum Bail Not Required
- Attempted Destierro minimum and medium Bail Not Required
ESTAFA (Art. 315, Par. 2(d) as amended by PD 818)
- If the amount of fraud exceeds P22,000.00 Reclusion temporal maximum plus 1 year for each additional P10,000.00 in excess of P22,000.00 but the total penalty shall not exceed 30 years See specified amount with the corresponding bail below
- If the amount of fraud is P32,000.00 or over Reclusion perpetua No Bail
- Frustrated Reclusion temporal P40,000.00
- Attempted Prision mayor P24,000.00
- If the amount of fraud is over P22,000.00 but not exceed P32,000.00 Reclusion temporal maximum P40,000.00
- Frustrated Reclusion temporal medium P36,000.00
- Attempted Reclusion temporal minimum P30,000.00
If the amount is over P12,000.00 but does not exceed P22,000.00 Reclusion temporal P40,000.00
- Frustrated Prision mayor P24,000.00
- Attempted Prision correccional P12,000.00
If the amount is over P6,000.00 but does not exceed P12,000.00 Prision mayor maximum P24,000.00
- Frustrated Prision mayor medium P20,000.00
- Attempted Prision mayor P16,000.00
If the amount is over P200.00 but does not exceed P6,000.00 Prision mayor medium P20,000.00
- Frustrated Prision mayor P16,000.00
- Attempted Prision correccional maximum P12,000.00
If the amount does not exceed P200.00 Prision mayor minimum P16,000.00
- Frustrated Prision correccional maximum P12,000.00
- Attempted Prision correccional medium P10,000.00
OTHER FORMS OF SWINDLING (Art. 316)
Arresto mayor minimum and medium and fine not less than the value of damage but not exceeding 3x such value Bail Not Required
SWINDLING OF MINOR (Art. 317)
Arresto mayor and fine not less than 10% but not to exceed 50% of the value of obligation contracted by the minor Bail Not Required
OTHER DECEITS (Art. 318, 1st Par.)
Arresto mayor and fine not less than the value of the damage nor more than twice such value Bail Not Required
- Interpreting dreams, making forecast, telling fortunes for profit or gain (2nd Par.) Arresto menor or fine not exceeding P200.00 Bail Not Required
ESTAFA THRU FALSIFICATION OF PUBLIC, OFFICIAL OR COMMERCIAL DOCUMENTS (Art. 315, in relation to Art. 171, and Art. 48)
If committed by a public officer, employee notary or ecclesiastical minister
If the amount of fraud is P72,000.00 or more Apply the maximum period of the penalty for estafa corresponding to the amount of fraud Same bail as estafa
- Frustrated Apply the maximum period of the penalty for frustrated estafa Same bail as in frustrated estafa
- Attempted Apply the maximum period of the penalty for attempted estafa Same bail as in attempted estafa
- If the amount of fraud is less than P72,000.00 Prision mayor maximum and fine of P5,000.00 (maximum penalty for falsification) P24,000.00
- Frustrated Prision mayor medium and fine of P3,750.00 P20,000.00
- Attempted Prision mayor minimum and fine of P2,500.00 P16,000.00
If committed by a private individual (Art. 315 in relation to Art. 172 and Art. 48)
- If the amount of fraud exceeds P12,000.00 Apply the maximum period of the penalty for estafa corresponding to the amount of fraud Same bail as in estafa
- Frustrated Apply the medium period of the penalty for estafa corresponding to the amount of fraud Same bail as in frustrated estfa
- Attempted Apply the minimum period of the penalty for estafa corresponding to the amount of fraud Same bail as in attempted estafa
If the amount of fraud is P12,000.00 or less Maximum period of prision correccional medium and maximum and fine of P5,000.00 P12,000.00
- Frustrated Medium period of prision correccional medium and maximum and fine of P3,750.00 P10,000.00
- Attempted Minimum period of prision correccional medium and maximum and fine of P2,500.00 P8,000.00
EVASION OF SERVICE OF SENTENCE (Art. 157)
- If committed during the term of imprisonment by a final judgment (1st sentence) Prision correccional medium and maximum P12,000.00
- Frustrated Arresto mayor maximum to prision correccional minimum P6,000.00
- Attempted Arresto mayor minimum and medium Bail Not Required
- If evasion takes place by unlawful entry, breaking doors, windows, gates, walls, roofs or floors, or using picklocks, false keys, disguise, deceit, violence or intimidation or through connivance with other convicts or employees of the penal institution (2nd sentence) Prision correccional maximum P12,000.00
- Frustrated Prision correccional medium P10,000.00
- Attempted Prision correccional minimum P6,000.00
- If committed on the occasion of disorders, conflagrations, earthquakes, or other calamities (Art. 158, 1st Par.) 1/5 of the time remaining to be served under the original sentence but not to exceed 6 months Bail Not Required
Other cases of evasion of service of sentence (Art. 159, 1st sentence) Prision correccional minimum P6,000.00
- If penalty remitted by the granting of such pardon be higher than six years (Art. 159, 2nd sentence) Unexpired portion of the original sentence Bail corresponding to the unexpired portion of the original sentence
EVASION, Public Officer conniving with or consenting to (Art 223)
- If the fugitives shall have been sentenced by final judgment (No. 1) Prision correccional medium and maximum P12,000.00
- If the fugitives is only a detention prisoner (No. 2) Prision correccional minimum P6,000.00
Evasion through negligence of public officer (Art. 224) Arresto mayor maximum to prision correccional minimum P6,000.00
Escape of prisoner under custody of a person not a public officer (Art. 225 in relation to Art. 223, No. 1) Arresto mayor maximum to prision correccional minimum P6,000.00
Escape etc. (Art. 225 in relation to Art. 223, No. 2) Arresto mayor maximum Bail Not Required
Escape etc. (Art. 225 in relation to Art. 224) Arresto mayor minimum and medium Bail Not Required
EXPULSION of a person from the Philippines or compelling a person to change residence (Art. 127)
Prision correccional P12,000.00
FALSE TESTIMONY
False testimony against a defendant (Art. 180)
- If defendant in said case has been sentenced to death (No. 1) Reclusion temporal P40,000.00
- If defendant in said case has been sentenced to reclusion temporal or perpetua (No. 2) Prision mayor P24,000.00
- If defendant has been sentenced to any other afflicted penalty (No. 3) Prision correccional and fine not exceeding P1,000.00 P12,000.00
- If defendant has been sentenced to a correccional penalty or a fine, or acquitted (No. 4) Arresto mayor and fine not exceeding P1,000.00 Bail Not Required
False testimony favorable to the defendant (Art. 181)
- If prosecution is for a felony punishable by an afflictive penalty (1st clause) Arresto mayor maximum to prision correccional minimum and fine not exceeding P1,000.00 P6,000.00
- If prosecution is for a felony punishable by a penalty lower than afflictive (2nd clause) Arresto mayor Bail Not Required
False testimony in civil case (Art. 182)
- If the amount of controversy shall exceed P5,000.00 (1st clause) Prision correccional minimum and fine not exceeding P6,000.00 P6,000.00
-If the amount of controversy does not exceed P5,000.00 or cannot be estimated (2nd clause) Arresto mayor maximum to prision correccional minimum and fine not exceeding P1,000.00 P6,000.00
False testimony made under oath, or in an affidavit, and not included in the provisions of Arts. 180 to 182 (Art. 183, 1st Par.) Arresto mayor maximum to prision correccional minimum P6,000.00
- Perjury in solemn affirmation (Art. 183, 2nd Par.) Same penalty as in Arts. 180-182 and 183 1st Par. which ever is applicable Same bail as in Art. 180-182 & 183 1st Par. whichever is applicable
Offering false testimony in evidence (Art. 184) Same penalty as in Arts. 180-183 whichever is applicable Same bail as in Arts. 180-183 whichever is applicable
ACTS OF LASCIVIOUSNESS (Art. 336)
When the victim is under 12 years of age (Art. 336, as amended by Sec. 5, Par. 2 (b) RA 7610) Reclusion temporal medium P36,000.00
- Against the will of the victim when victim is 12 years of age or over Prision correccional P12,000.00
- With consent of offended woman (Art. 339) Arresto mayor Bail Not Required
ADULTERY (Art. 333)
- If committed while being abandoned with justification by offended party (Art. 333, 3rd Par.) Arresto mayor maximum to prision correccional minimum P6,000.00
ALARMS AND SCANDALS (Art. 155)
Arresto menor or fine not exceeding P200.00 Bail Not Required
ARREST, Unlawful (Art. 269)
Arresto mayor and fine not exceeding P500.00 Bail Not Required
ARSON, Destructive (Art. 320 as amended by RA 7659)
Resulting in death Death No Bail
Under other qualifying circumstances Reclusion perpetua to death No Bail
- Frustrated Reclusion temporal P200,000.00
- Attempted Prision Mayor P120,000.00
ARSON, under other circumstances mentioned in PD 1613. (see PD 1613)
ASSAULTS, Direct (Art. 148)
- If committed with a weapon or when offender is a public officer or employee or when the offender lays hands upon a person in authority (1st sentence) Prision correccional medium and maximum and fine not exceeding P1,000.00 P12,000.00
If committed without the above attendant circumstances (2nd sentence) Prision correccional minimum and fine not exceeding P500.00 P6,000.00
Direct Assault with Murder (Arts. 148 and 248 in relation to Art. 48) Death No Bail
Direct Assault with Frustrated Murder Reclusion temporal maximum P200,000.00
Direct Assault with Attempted Murder Prision mayor maximum P120,000.00
Direct Assault with Homicide (Arts. 148 and 249 in relation to Art. 48) Reclusion temporal maximum P40,000.00
- Direct Assault with Frustrated Homicide Prision mayor maximum P24,000.00
- Direct Assault with Attempted Homicide Prision correctional maximum P12,000.00
Direct Assault with serious physical injuries (Arts. 148, 1st sentence and 263, No. 2 in relation to Art. 48) Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
Direct Assault with serious physical injuries (Arts. 148, 2nd sentence and 263, No. 2 in relation to Art. 48) Maximum period of prision correccional medium and maximum P12,000.00
Direct Assault with serious physical injuries (Art. 148, 1st sentence and Art. 263, No. 3 in relation to Art. 48) Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
Direct Assault with serious physical injuries (Art. 148, 2nd sentence and Art. 263, No. 3 in relation to Art. 48) Maximum period of prision correccional minimum and P10,000.00
Direct Assault with serious physical injuries (Art. 148, 1st sentence and Art. 263, No. 4, 1st Par. in relation to Art. 48) Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
Direct Assault with serious physical injuries (Art. 148, 2nd sentence and Art. 263 No. 4, 1st par. in relation to Art. 48) Maximum period of prision correccional minimum and fine of P500.00 P6,000.00
Direct Assault with serious physical injuries committed with any of the attendant circumstances of parricide or murder, and the injured person becomes insane, imbecile, impotent or blind Maximum period of reclusion temporal medium and maximum P40,000.00
Art. 148 and 263 2nd Par. 1st phrase in relation to Art. 48, RPC)
Direct Assault with serious physical injuries committed with any of the attendant circumstances of parricide or murder and the injured person losses use of speech, or 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 theretofore habitually engaged. Maximum period of prision correccional maximum to prision mayor minimum P16,000.00
(Arts. 148 and 263 2nd Par. 2nd phrase, in rel. to Art. 48, RPC)
Direct Assault with serious physical injuries committed with any of the attendant circumstances of parricide or murder and the injured person shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or have become incapacitated for work for a period of more than 90 days. Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
(Art. 148 1st sentence and Art. 263, 2nd Par. 3rd phrase in rel. to Art. 48, RPC)
- If committed under Art. 148, 2nd sentence in relation to Art. 363 2nd Par., 3rd phrase Maximum period of prision correccional medium and maximum P12,000.00
RAPE. (Art. 266-A and 266-B as amended by R.A. 8353)
A. FIRST KIND:
RAPE by having carnal knowledge of a woman (Art. 266-A, Par. 1, in rel. to Art. 266-B, 1st Par.) Reclusion perpetua No Bail
- Attempted Prision mayor P120,000.00
- Rape with the use of a deadly weapon or by two or more persons (Art. 266-A, Par. 1 in rel. to Art. 266-B, 2nd Par.) Reclusion perpetua to death No Bail
- Attempted Prision mayor P120,000.00
- Rape where victim has become insane (Art. 266-A, Art. 1 in rel. to Art. 266-B, 3rd Par.) Reclusion perpetua to death No Bail
- Attempted Prision mayor P120,000.00
- Attempted Rape with Homicide (Art. 266-A, Par. 1 in rel. to Art. 266-B, 4th Par.) Reclusion perpetua to death No Bail
- Rape with any of the following aggravating/qualifying circumstances (Art. 266-A, Par. in rel to Art. 266-B, 6th Par.) Death No Bail
(1) When the victim is under eighteen (18) years of age and the offender is parent, ascendant, step-parent, guardian, relative by consaguinity or affinity within the third civil degree, or common-law spouse of the parent of the victim;
(2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
(3) When rape is committed in full view of the spouse, parent, or any of the children or other relatives within the third civil degree of consaguinity;
(4) When the victim is religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;
(5) When the victim is a child below seven (7) years old;
(6) When the offender knows that he is afflicted with Human Immune-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any sexually transmissible diseases and the virus or disease is transmitted to the victim;
(7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof of the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
(8) When the reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
(9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
(10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
- Attempted Reclusion temporal P200,000.00
B. SECOND KIND
Rape by inserting penis into another person's mouth or orifice, or any instrument or object into the genital or anal orifice of another person (Art. 266-A, Par. 2 in rel. to Art. 266-B, 7th Par.) Prision mayor P120,000.00
- Attempted Arresto mayor Bail Not Required
Rape with the use of deadly weapon or by two or more persons (Art. 266-A, Par. 2 in rel. to Art. 266-B, 8th Par.) Prision mayor to reclusiion temporal P200,00.00
- Attempted Arresto mayor Bail Not Required
Rape where victim has become insane (Art. 266-A, Par. 2 in rel. to Art. 266-B, 9th Par.) Reclusion temporal P200,000.00
- Attempted Prision correccional P60,000.00
Attempted Rape with Homicide (Art. 266-A, Par. 2 in rel. to Art. 266-B, 10th Par.) Reclusion temporal to reclusion perpetua P200,000.00
Rape with Homicide (Art. 266-A, Par. 2 in rel. to Art. 266-B, 11th Par.) Reclusion perpetua No Bail
Rape with any of the 10 aggravating/qualifying circumstances in Art. 266-B, 6th Par. (Art. 266-A, Par. 2 in rel. to Art. 266-B, 12th Par.) Reclusion temporal P200,000.00
- Attempted Prision correccional P60,000.00
REBELLION, INSURRECTION OR COUP D'ETAT (Art. 134 and Art. 134-A in rel. to Art. 135, as amended by R.A. 6968)
Any person who promoted, maintains or heads a rebellion or insurrection (Art. 135, 1st Par.) Reclusion perpetua No Bail
Any person who merely participates in or executes the commands of others in a rebellion or insurrection (Art. 135, 2nd Par.) Reclusion temporal P200,000.00
Conspiracy and proposal to commit coup d'etat (Art. 136, 1st Par.) Prision mayor minimum and fine not exceeding P8,000.00 P80,000.00
Conspiracy to commit rebellion or insurrection (Art. 136, 2nd Par., 1st phrase) Prision correccional maximum and fine not exceeding P5,000.00 P60,000.00
Any person who leads or in any manner commands others to undertake copu d'etat (Art. 135, 3rd Par., in relation to Art. 134-A) Reclusion perpetua No Bail
Any person in government service who participates or executes directions or commands others in undertaking coup d'etat (Art. 135, 4th Par., in relation to Art. 134-A) Reclusion temporal maximum P200,000.00
Any person not in government service who participates, or in any manner supports, finances, abets or aids in undertaking coup d'etat (Art. 135, 5th Par., in relation to Art. 134-A) Prision mayor maximum P120,000.00
Proposal to commit rebellion or insurrection (Art. 136, 2nd Par., last Phrase) Prision correccional medium and fine not exceeding P2,000.00 P50,000.00
Disloyalty of public officers or employees during rebellion (Art. 137) Prision correccional minimum P6,000.00
Inciting to rebellion or insurrection (Art. 138) Prision mayor minimum P16,000.00
Outcry tending to incite rebellion or sedition (Art. 153, 4th Par.) Arresto mayor Bail Not Required
RELIGIOUS FEELINGS, offending the (Art. 133)
Arresto mayor maximum to prision correccional minimum P6,000.00
- If committed with violence or threats (2nd Par.) Prision correccional medium and maximum P12,000.00
RESISTANCE AND DISOBEDIENCE to persons in authority or agents of person in authority (Art. 151)
- Resistance and serious disobedience (Par. 1) Arresto mayor and fine not exceeding P500.00 Bail Not Required
- Simple disobedience (Par. 2) Arresto menor of fine from P10.00 to P100.00 Bail Not Required
REVEALING SECRETS, with abuse of office by manager, employer or servant (Art. 291)
Arresto mayor and fine not exceeding P500.00 Bail Not Required
Revelation of industrial secrets (Art. 292) Prision correccional minimum and medium and fine not exceeding P500.00 P10,000.00
ROBBERY with violence against or intimation of persons (Art. 294, as amended by Sec. 9 R.A. 7659)
- Robbery with homicide or with rape or intentional mutilation or arson (Art. 292, No. 1) Reclusion perpetua to death No Bail
- Robbery with serious physical injuries which rendered the injured person insane, imbecile, impotent, or blind (Art. 294, No. 2 in relation to Art. 263 Subdivision 1) Reclusion temporal medium to reclusion perpetua P200,000.00
- Frustrated Prision mayor medium to reclusion temporal minimum P150,000.00
- Attempted Prision correccional medium to prision mayor minimum P80,000.00
- Robbery with serious physical injuries committed under Art. 294, No. 3 in relation to Art. 263, Subdivision 2 Reclusion temporal P200,000.00
- Frustrated Prision mayor P120,000.00
- Attempted Prision correccional P60,000.00
- Robbery with serious physical injuries committed under Art. 294, No. 4 in relation to Art. 263 Subdivisions 3 & 4 Prision mayor maximum to reclusion temporal medium P180,000.00
- Frustrated Prision correccional maximum to prision mayor medium P100,000.00
- Attempted Arresto mayor maximum to prision correctional medium P50,000.00
-Robbery with violence or intimidation but without the foregoing attendant circumstances (Art. 294, No. 5) Prision correccional maximum to prision mayor medium P100,000.00
- Frustrated Arresto mayor maximum to prision correccional medium P50,000.00
- Attempted Arresto mayor minimum and medium or destierro maximum Bail Not Required
ROBBERY WITH PHYSICAL INJURIES committed in an uninhabited place or by a band or with the use of firearms on a street, road or alley (Art. 295)
Maximum period of the proper penalty
- In relation to Art. 294, No. 3 Reclusion temporal maximum P200,000.00
- Frustrated Prision mayor maximum P120,000.00
- Attempted Prision correccional maximum P60,000.00
- In relation to Art. 294, No. 4 Maximum period of prision mayor maximum to reclusion temporal medium P180,000.00
- Frustrated Maximum period of prision correccional maximum to prision mayor medium P100,000.00
- Attempted Maximum period of arresto mayor maximum to prision correccional medium P50,000.00
- In relation to Art. 294, No. 5 Maximum period of prision correccional maximum to prision mayor medium P100,000.00
- Frustrated Maximum period of arresto mayor maximum to prision correccional medium P50,000.00
- Attempted Maximum period of arresto mayor minimum and medium, or maximum period of destierro maximum Bail Not Required
ROBBERY in band with use of unlicensed firearms (Art. 296)
Maximum period of corresponding penalty as provided above Corresponding bail as provided above
FRUSTRATED OR ATTEMPTED ROBBERY WITH HOMICIDE (Art. 297, 1st Phrase)
Reclusion temporal maximum to reclusion perpetua P40,000.00
- Frustrated or attempted robbery with homicide where the killing amount to murder or parricide (2nd phrase) Reclusion perpetua to death No Bail
COMPELLING A PERSON to sign, execute or deliver any public instrument or document by means of violence or intimidation with intent to defraud (Art. 298)
Same penalty as in robbery Same bail as in robbery
ROBBERY BY THE USE OF FORCE UPON THINGS
Robbery in an inhabited house or public building or edifice devoted to worship (Art. 299)
- If value of property taken exceeds P250.00 and offenders are armed (1st Par.) Reclusion temporal P40,000.00
- Frustrated Prision mayor P24,000.00
- Attempted Prision correctional P12,000.00
- If value of property taken exceeds P250.00 and offenders are not armed (2nd Par.) Prision mayor P24,000.00
- Frustrated Prision correccional P12,000.00
- Attempted Arresto mayor Bail Not Required
- If value of property taken does not exceed P250.00 and offenders are not armed (4th Par.) Prision mayor P16,000.00
- Frustrated Prision correccional minimum P6,000.00
- Attempted Arresto mayor minimum Bail Not Required
Robbery in a dependency of an inhabited house, public building or devoted to worship (5th Par.)
- If value of property taken exceeds P250.00 and offenders are armed (in relation to 1st Par.) Prision mayor P24,000.00
- Frustrated Prision correccional P12,000.00
- Attempted Arresto mayor Bail Not Required
- If value of property taken exceeds of P250.00 and offenders are not armed (in relation to 2nd Par.) Prision correccional P12,000.00
- Frustrated Arresto mayor Bail Not Required
- Attempted Destierro Bail Not Required
- If value of property taken does not exceed P250.00 and offenders are armed (in relation to 3rd Par.) Prision correccional P12,000.00
- Frustrated Arresto mayor Bail Not Required
- Attempted Destierro Bail Not Required
- If value of property taken does not exceed P250.00 and offenders are not armed (in relation to 4th Par.) Prision correccional minimum P6,000.00
- Frustrated Arresto mayor minimum Bail Not Required
- Attempted Destierro minimum Bail Not Required
ROBBERY UNDER ART. 299 COMMITTED IN AN UNINHABITED PLACE AND BY A BAND (Art. 300)
- If value of property taken exceeds P250.00 and offenders are armed Reclusion temporal maximum P40,000.00
- Frustrated Prision mayor maximum P24,000.00
- Attempted Prision correccional maximum P12,000.00
- If value of property taken exceeds P250.00 and offenders are not armed Prision mayor maximum P24,000.00
- Frustrated Prision correccional maximum P12,000.00
- Attempted Arresto mayor maximum Bail Not Required
- If value of property taken does not exceeds P250.00 and offenders are armed Prision mayor maximum P24,000.00
- Frustrated Prision correccional maximum P12,000.00
- Attempted Arresto mayor maximum Bail Not Required
- If value of property taken does not exceed P250.00 and offenders are armed Prision mayor maximum P24,000.00
- Frustrated Prision correccional maximum P12,000.00
- Attempted Arresto mayor maximum Bail Not Required
- If value of property taken does not exceed P250.00 and offenders are not armed Maximum period of prision mayor minimum P16,000.00
- Frustrated Maximum period of prision correccional minimum P6,000.00
- Attempted Maximum period of arresto mayor minimum Bail Not Required
Robbery in an uninhabited place or in a private building (Art. 302)
- If the value of the property taken exceeds P250.00 (1st Par.) Prision correccional medium and maximum P12,000.00
- Frustrated Arresto mayor maximum to prision correccional minimum P6,000.00
- Attempted Arresto mayor minimum and medium Bail Not Required
- If the value of the property taken does not exceed P250.00 (2nd Par.) Arresto mayor maximum to prision correccional minimum P6,000.00
- Frustrated Arresto mayor minimum and medium Bail Not Required
- Attempted Destierro medium and maximum Bail Not Required
- When property taken is mail matter or large cattle under circumstances in Arts. 294, 295, 297, 299, 300 and 302 (3rd Par.) Next higher in degree than those specified in said Articles Corresponding bail as provided therein
Robbery of cereals, fruits or firewood in an uninhabited place or private building in cases enumerated in Arts. 299 and 302 (Art. 303) Penalty next lower in degree than that prescribed in said articles Corresponding bail as provided therein
SEARCH WARRANT, malicious procurement and abuse in service of (Art. 129)
Arresto mayor maximum to prision correccional minimum and fine not exceeding P1,000.00 P6,000.00
SEARCHING DOMICILE without search warrant (violation of domicile) (Art, 128, 1st Par.)
Prision correccional minimum P6,000.00
- If committed a nighttime or if any papers or effects not constituting evidence of a crime be not returned immediately after the search (2nd Par.) Prision correccional medium and maximum P12,000.00
Searching domicile with search warrant but without witnesses (Art. 130) Arresto mayor medium and maximum Bail Not Required
SEDITION (Art. 140 in relation to Art. 139)
Leader of sedition (Art. 140, 1st Par.) Prision mayor minimum and fine not exceeding P10,000.00 P16,000.00
- Participant (2nd Par.) Prision correccional maximum and fine not exceeding P5,000.00 P12,000.00
Conspiracy to commit sedition (Art. 141) Prision correccional medium and fine not exceeding P2,000.00 P10,000.00
Inciting to sedition (Art. 142) Prision correccional maximum and fine not exceeding P2,000.00 P12,000.00
SEDUCTION
Qualified seduction (Art. 337, 1st Par.) Prision correccional minimum and medium P10,000.00
- Attempted Arresto mayor minimum or destierro maximum Bail Not Required
- If victim is offender's sister or descendant (2nd Par.) Prision correccional maximum to prision mayor minimum P16,000.00
- Attempted Arresto mayor medium and maximum Bail Not Required
Simple seduction (Art. 338) Arresto mayor Bail Not Required
SEIZURE OF CORRESPONDENCE, discovering secrets through (Art. 290)
- If offender reveals secrets (1st Par.) Prision correccional minimum and medium and fine not exceeding P500.00 P10,000.00
- If offender does not reveal secrets (2nd Par.) Arresto mayor and fine not exceeding P500.00 Bail Not Required
SIMULATION of births, substitution of one child for another and concealment or abandonment of a legitimate child (Art. 347)
Prision mayor and fine not exceeding P1,000.00 P24,000.00
SLANDER
Serious slander (Art. 358, 1st phrase) Arresto mayor maximum to prision correccional minimum P6,000.00
Simple slander (2nd Phrase) Arresto menor or fine not exceeding P200.00 Bail Not Required
Serious slander by deed (Art. 359, 1st sentence) Arresto mayor maximum to prision correccional minimum or fine from P200.00 to P1,000.00 P6,000.00
Simple slander by deed (2nd sentence) Arresto menor or fine not exceeding P200.00 Bail Not Required
SLAVERY (Art. 272)
- If committed for the purpose of enslaving the offended party (1st Par.) Prision mayor and fine not exceeding P10,000.00 P24,000.00
- If committed for the purpose of assigning the offended party to some immoral traffic (2nd Par.) Prision mayor maximum and fine of P10,000.00 P24,000.00
SUICIDE, giving assistance to (Art. 253)
- Assisting another to commit suicide (1st sentence, 1st Phrase) Prision mayor P24,000.00
- Lending assistance to the extent of doing the killing himself (1st sentence, 2nd phrase) Reclusion temporal P40,000.00
- If the suicide is not consumated (2nd sentence) Arresto mayor medium and maximum Bail Not Required
SWINDLING (See estafa)
Swindling a minor (Art. 317) Arresto mayor and fine of a sum from 10 to 50 percent of the value of obligation contracted by minor Bail Not Required
ACTS OF LASCIVIOUSNESS (Art. 336)
When the victim is under 12 years of age (Art. 336, as amended by Sec. 5, Par. 2 (b) RA 7610) Reclusion temporal medium P36,000.00
- Against the will of the victim when victim is 12 years of age or over Prision correccional P12,000.00
- With consent of offended woman (Art. 339) Arresto mayor Bail Not Required
ADULTERY (Art. 333)
- If committed while being abandoned with justification by offended party (Art. 333, 3rd Par.) Arresto mayor maximum to prision correccional minimum P6,000.00
ALARMS AND SCANDALS (Art. 155)
Arresto menor or fine not exceeding P200.00 Bail Not Required
ARREST, Unlawful (Art. 269)
Arresto mayor and fine not exceeding P500.00 Bail Not Required
ARSON, Destructive (Art. 320 as amended by RA 7659)
Resulting in death Death No Bail
Under other qualifying circumstances Reclusion perpetua to death No Bail
- Frustrated Reclusion temporal P200,000.00
- Attempted Prision Mayor P120,000.00
ARSON, under other circumstances mentioned in PD 1613. (see PD 1613)
ASSAULTS, Direct (Art. 148)
- If committed with a weapon or when offender is a public officer or employee or when the offender lays hands upon a person in authority (1st sentence) Prision correccional medium and maximum and fine not exceeding P1,000.00 P12,000.00
If committed without the above attendant circumstances (2nd sentence) Prision correccional minimum and fine not exceeding P500.00 P6,000.00
Direct Assault with Murder (Arts. 148 and 248 in relation to Art. 48) Death No Bail
Direct Assault with Frustrated Murder Reclusion temporal maximum P200,000.00
Direct Assault with Attempted Murder Prision mayor maximum P120,000.00
Direct Assault with Homicide (Arts. 148 and 249 in relation to Art. 48) Reclusion temporal maximum P40,000.00
- Direct Assault with Frustrated Homicide Prision mayor maximum P24,000.00
- Direct Assault with Attempted Homicide Prision correctional maximum P12,000.00
Direct Assault with serious physical injuries (Arts. 148, 1st sentence and 263, No. 2 in relation to Art. 48) Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
Direct Assault with serious physical injuries (Arts. 148, 2nd sentence and 263, No. 2 in relation to Art. 48) Maximum period of prision correccional medium and maximum P12,000.00
Direct Assault with serious physical injuries (Art. 148, 1st sentence and Art. 263, No. 3 in relation to Art. 48) Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
Direct Assault with serious physical injuries (Art. 148, 2nd sentence and Art. 263, No. 3 in relation to Art. 48) Maximum period of prision correccional minimum and P10,000.00
Direct Assault with serious physical injuries (Art. 148, 1st sentence and Art. 263, No. 4, 1st Par. in relation to Art. 48) Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
Direct Assault with serious physical injuries (Art. 148, 2nd sentence and Art. 263 No. 4, 1st par. in relation to Art. 48) Maximum period of prision correccional minimum and fine of P500.00 P6,000.00
Direct Assault with serious physical injuries committed with any of the attendant circumstances of parricide or murder, and the injured person becomes insane, imbecile, impotent or blind Maximum period of reclusion temporal medium and maximum P40,000.00
Art. 148 and 263 2nd Par. 1st phrase in relation to Art. 48, RPC)
Direct Assault with serious physical injuries committed with any of the attendant circumstances of parricide or murder and the injured person losses use of speech, or 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 theretofore habitually engaged. Maximum period of prision correccional maximum to prision mayor minimum P16,000.00
(Arts. 148 and 263 2nd Par. 2nd phrase, in rel. to Art. 48, RPC)
Direct Assault with serious physical injuries committed with any of the attendant circumstances of parricide or murder and the injured person shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or have become incapacitated for work for a period of more than 90 days. Maximum period of prision correccional medium and maximum and fine of P1,000.00 P12,000.00
(Art. 148 1st sentence and Art. 263, 2nd Par. 3rd phrase in rel. to Art. 48, RPC)
- If committed under Art. 148, 2nd sentence in relation to Art. 363 2nd Par., 3rd phrase Maximum period of prision correccional medium and maximum P12,000.00
THEFT, simple (Art. 308 in relation to Art. 309)
If the value of property stolen exceeds P22,000.00 (No. 1, 2nd Phrase) Maximum period of prision mayor minimum and medium (Plus one year for each additional P10,000.00 in excess of P22,000.00 but total penalty shall not exceed 20 years) See below for specified value of property stolen with corresponding bail
If the value of the property stolen is P122,000.00 or over 20 years of reclusion temporal maximum (maximum period of prision mayor minimum and medium plus 10 years) P40,000.00
- Frustrated Reclusion temporal medium P36,000.00
- Attempted Reclusion temporal minimum P30,000.00
If the value of the property stolen is P112,000.00 or over but less than P122,000.00 19 years of reclusion temporal maximum (Maximum period of prision mayor minimum and medium plus 9 years) P38,000.00
- Frustrated Reclusion temporal medium P36,000.00
- Attempted Reclusion temporal minimum P30,000.00
If the value of the property stolen is P102,000.00 or over but less than P112,000.00 18 years of reclusion temporal maximum (Maximum period of prision mayor minimum and medium plus 8 years) P36,000.00
- Frustrated Reclusion temporal medium P34,000.00
- Attempted Reclusion temporal minimum P30,000.00
If the value of the property stolen is P92,000.00 or over but less than P102,000.00 17 years of reclusion temporal medium (Maximum period of prision mayor minimum and medium plus 7 years) P34,000.00
- Frustrated Reclusion temporal minimum P30,000.00
- Attempted Prision mayor maximum P24,000.00
If the value of the property stolen is P82,000.00 or over but less than P92,000.00 16 years of reclusion temporal medium (Maximum period of prision mayor minimum and medium plus 6 years) P32,000.00
- Frustrated Reclusion temporal minimum P30,000.00
- Attempted Prision mayor maximum P24,000.00
If the value of the property stolen is P72,000.00 or over but less than P82,000.00 15 years of reclusion temporal medium (Maximum period of prision mayor minimum and medium plus 5 years) P30,000.00
- Frustrated Reclusion temporal minimum P28,000.00
- Attempted Prision mayor maximum P24,000.00
If the value of the property stolen is P62,000.00 or over but less than P72,00.00 14 years of reclusion temporal minimum (Maximum period of prision mayor minimum and medium plus 4 years) P28,000.00
- Frustrated Prision mayor maximum P24,000.00
- Attempted Prision mayor medium P20,000.00
If the value of the property stolen is P52,000.00 or over but less than P62,000.00 13 years of reclusion temporal minimum (Maximum period of prision mayor minimum and medium plus 3 years) P26,000.00
- Frustrated Prision mayor maximum P24,000.00
- Attempted Prision mayor medium P20,000.00
If the value of the property stolen is P42,000.00 or over but less than P52,000.00 12 years of prision mayor maximum (Maximum period of prision mayor minimum and medium plus 2 years) P24,000.00
- Frustrated Prision mayor medium P20,000.00
- Attempted Prision mayor minimum P16,000.00
If the value of the property stolen is P32,000.00 or over but less than P42,000.00 11 years of prision mayor maximum (Maximum period of prision mayor minimum and medium plus 1 year) P22,000.00
- Frustrated Prision mayor medium P20,000.00
- Attempted Prision mayor minimum P16,000.00
If the value of the property stolen is over P22,000.00 but less than P32,000.00 Maximum period of prision mayor minimum and medium P20,000.00
- Frustrated Medium period of prision mayor minimum and medium P18,000.00
- Attempted Minimum period of prision mayor minium and medium P16,000.00
If the value of property stolen is more than P12,000.00 but does not exceed P22,000.00 (No. 1, 1st Phrase) Prision mayor mayor minimum and medium P20,000.00
- Frustrated Prision correccional medium and maximum P12,000.00
- Attempted Arresto mayor maximum to prision correccional minimum P6,000.00
If the value of property stolen is more than P6,000.00 but does not exceed P12,000.00 (No. 2) Prision correccional medium and maximum P12,000.00
- Frustrated Arresto mayor maximum to prision correccional minimum P6,000.00
- Attempted Arresto mayor minimum and medium Bail Not Required
If value of property stolen is more than P200.00 but does not exceed P6,000.00 (No. 3) Prision correccional minimum and medium P10,000.00
- Frustrated Arresto mayor medium and maximum Bail Not Required
- Attempted Arresto mayor minimum or destierro maximum Bail Not Required
If value of property stolen is over P50.00 but does not exceed P200.00 (No. 4) Arresto mayor medium to prision correccional minimum P6,000.00
- Frustrated Arresto mayor minimum or destierro medium and maximum Bail Not Required
- Attempted Arresto menor medium and maximum or destierro minimum Bail Not Required
If value of property stolen is over P5.00 but does not exceed P50.00 (No. 5) Arresto mayor maximum Bail Not Required
- Frustrated Arresto mayor medium Bail Not Required
- Attempted Arresto mayor minimum Bail Not Required
If value of property stolen does not exceed P5.00 (No. 6) Arresto mayor minimum and medium Bail Not Required
- Frustrated Destierro medium and maximum Bail Not Required
- Attempted Arresto menor maximum or destierro minimum Bail Not Required
If value of property stolen does not exceed P5.00 and the offender enters an enclosed estate or a field where trespass is forbidden or which belongs to another (No. 7) Arresto menor or fine not exceeding P200.00 Bail Not Required
If value of the property stolen is over P5.00 and the offender acted under the impulse or hunger, poverty or the difficulty of earning a livelihood for his support and of his family (No. 8) Arresto menor minimum or fine not exceeding P50.00 Bail Not Required
If property stolen belongs to the National Library or National Museum (Art. 311, 1st Phrase) Arresto mayor and/or fine from P200.00 to P500.00 Bail Not Required
- Frustrated Destierro and/or from P200.00 to P375.00 Bail Not Required
- Attempted Arresto menor and/or fine from P200.00 to P250.00 Bail Not Required
Note: If the act constitutes simple theft and penalty is higher, apply Art. 309; if the act constitutes qualified theft apply Art. 310 (Art. 311, 2nd Phrase)
THEFT QUALIFIED (Art. 310 in relation to Arts. 308 and 309)
If the value of the property stolen is P32,000.00 or over Reclusion perpetua No Bail
- Frustrated Reclusion temporal P40,000.00
- Attempted Prision mayor P24,000.00
If the value of the property stolen is over P22,000.00 but less than P32,000.00 Maximum period of reclusion temporal medium and maximum P40,000.00
- Frustrated Medium period of reclusion temporal medium and maximum P38,000.00
- Attempted Minimum period of reclusion temporal medium and maximum P34,000.00
If the value of property stolen is more than P12,000.00 but does not exceed P22,000.00 Reclusion temporal and medium and maximum P40,000.00
- Frustrated Prision mayor maximum to reclusion temporal minimum P30,000.00
- Frustrated Prision mayor minimum and medium P20,000.00
If the value of the property stolen is more than P6,000.00 but does not exceed P12,000.00 Prision mayor maximum to reclusion temporal minimum P30,000.00
- Frustrated Prision mayor minimum and medium P20,000.00
- Attempted Prision correccional medium and maximum P12,000.00
If value of property stolen is more than P200.00 but does not exceed P6,000.00 Prision mayor medium and maximum P24,000.00
- Frustrated Prision correccional maximum to prision mayor minimum P16,000.00
- Attempted Prision correccional minimum and medium P10,000.00
If value of property stolen is over P50.00 but does not exceed P200.00 Prision mayor medium to reclusion temporal minimum P30,000.00
- Frustrated Prision correccional medium to prision mayor minimum P16,000.00
- Attempted Arresto mayor medium to prision correccional minimum P6,000.00
If value of property stolen is over P5.00 but does not exceed P50.00 Prision correccional medium P10,000.00
- Frustrated Prision correccional minimum P6,000.00
If value of property stolen does not exceed P5.00 Prision correccional medium and maximum P12,000.00
- Frustrated Arresto mayor maximum to prision correccional minimum P6,000.00
- Attempted Arresto mayor minimum and medium Bail Not Required
If value of property stolen does not exceed P5.00 and the offender enters an enclosed estate or a field where trespass is forbidden or which belongs to another Arresto mayor or fine not exceeding P300.00 Bail Not Required
- Frustrated Destierro and fine not exceeding P250.00 Bail Not Required
- Attempted Arresto menor or fine not exceeding P200.00 Bail Not Required
If value of property stolen does not exceed P5.00 and the offender acted under the impulse of hunger, poverty or difficulty of earning a livelihood Arresto menor maximum or fine not exceeding P75.00 Bail Not Required
- Frustrated Arresto menor medium or fine not exceeding P62.50 Bail Not Required
- Attempted Arresto menor minimum or fine not exceeding P50.00 Bail Not Required