• TABLE OF CONTENTS
HIDE
 Title Page
 Table of Contents
 Royal decree
 Book I: General provisions regarding...
 Book II: Crimes and their...
 Book III: Misdemeanors and their...
 Appendix
 Index














Group Title: Câodigo penal (1879)
Title: Translation of the Penal code in force in Cuba and Porto Rico
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00074437/00001
 Material Information
Title: Translation of the Penal code in force in Cuba and Porto Rico
Uniform Title: Câodigo penal (1879)
Alternate Title: Penal code in force in Cuba and Porto Rico
Physical Description: 175 p. : ; 23 cm.
Language: English
Creator: Cuba
Puerto Rico
Spain
United States -- Division of Customs and Insular Affairs
Publisher: Govt. Print. Off.,
Govt. print. off.
Place of Publication: Washington
Publication Date: 1900
Copyright Date: 1900
 Subjects
Subject: Criminal law -- Cuba   ( lcsh )
Criminal law -- Puerto Rico   ( lcsh )
Genre: federal government publication   ( marcgt )
non-fiction   ( marcgt )
Spatial Coverage: Cuba
 Notes
Statement of Responsibility: Division of Customs and Insular Affairs, War Department. July, 1900.
General Note: Royal decree of May 23, 1879.
 Record Information
Bibliographic ID: UF00074437
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 03805478
alephbibnum - 000259112
lccn - 01019790

Table of Contents
    Title Page
        Page 1
        Page 2
    Table of Contents
        Page 3
        Page 4
        Page 5
        Page 6
    Royal decree
        Page 7
        Page 8
    Book I: General provisions regarding crimes and misdemeanors, the persons liable, and the penalties
        Page 9
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    Book II: Crimes and their penalties
        Page 39
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    Book III: Misdemeanors and their penalties
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    Appendix
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    Index
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Full Text
I. I Vf


TRANSLATION


THE PENAL CODE




IN FORCE IN





CUBA AND PORTO RICO.


DIVISION OF CUSTOMS AND INSULAR AFFAIRS,
WAR DEPARTMENT.
July, 1900.

c:-
No.



WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1900.





















CONTENTS.
C 0 N T E N T[ S.



IPAuE.
Royail del ree.. ........-- .. ................................ .......... 7

BooK l.-Gene'rai prori'sion. regarding crimes amnd misdenmoanrs,. the persm s liable,
at, the peIt ltt( ies.

Trn.l I.-Crimes and misdemeanors, and circumlstanees which exempt fronl,
extenuate, or aggravate criminal liability....... .................... 9
Chapter I. Crimes and misdemeanors ................................. 9
Chapter II. Circumstances which exempt from criminal liability ....... 10
Chapter III. Circumstances which extenuate criminal liability. ......... 12
Chapter IV. Circumstances which aggravate criminal liability. -....--... 12
Chapter V. Provision common to the two preceding chapter -............ 14
TIm i. II.-Persons liable for crimes and misdemeanors ...-----.............. 14
Chapter I. Persons criminally liable for crimes and misdemnean'rs ....... 14
Chapter II. Persons civilly liable for crimes :and miisdeme:nors.---....... 15
TrrIL. III.-Penalties -.........- .......--- .........---- .................. 16
Chapter I. Penalties in general--...--..........---------------------..........----.----- 16
Chapter II. Classification of penalties..--- ........-------------..-- ..--- ... 17
Chapter III. Duration and effect of penalties .........-------................ 18
Section I. Duration of penalties ---.....------..........----------------------.. 18
Section II. Effects of penalties according to their respective nature... 18
Section III. Punishments which include other accessory penalties... 22
chapterr IV. The application of penalties..-......-......--.........--.. 23
Section I. Rules for the application of penalties to principals in acn-
summated crime, frustrated crime, and attempt, and to accomplices
and accessories therein... ..---------.. ........----- .. .. --------- 23
Section II. Rules for the application of penalties with regard to
extenuating and a1_'nin\:llinin circumstances ..---... ...-...... ---- 26
Section III. Provisions common to the two preceding sections..-.... 28
Chapter V. Execution of penalties and their fulfillment -.......--- ...... 31
Section I. General provisions ---..........----- .-..--.--------- ... 31
Section II. Principal penalties ..-- ...------------------------------ 31
Section III. Accessory penalties.......................-----------.....-- 34
Tr.l.i: IV.-Civil liability ....------------.................................----------------------------- 34
Tri.i V.-Penalties incurred by those who violate their sentences and those
who commit a new crime while serving a sentence-..----------------- 35
Chapter I. Penalties incurred by those who violate their sentences------. 35
Chapter II. Penalties incurred by those who commit another offense after
having been condemned by final sentence, either before or while
serving it -----...............----------...............----......------..------------ 36
TrnII., VI.-Extinction of penal liability-.......... ..---- .......---------- ..- 37








TnIm.l I.-Crimes against the external security of the State-Continued. PIag
Chapter 111. Crimes against international law..-.........-- ............ 42
Chapter IV. Crimes of piracy 4....-....-.....-........ ......... 4:;
TIri.I II.-- ('rines against t ih coinstttitution ...............-...............- 4
Chapter I. Crimes of lsi' majesit, against the Cortes, the Conneil of Min-
isters, and agaillst the f)orl of government ........................... 4::
Section 1. Crimes of l1se majcst6 ............... ... ...- .......... 4:;
Setion II. Crimes against the Cortes andi its Ilmell l 'rs and against
the Council of Ministers .--..-....................----.....---... -
Section Ill ('rilmes against tlie form of government.....----.....------ 4
Section 1 V. Provisions 'co(nion to the three preceding sections...... 47
Chapter 11. Crimes committed on the occasion of the exercise f tlhe indi-
vidual rights guaranteed by the co'nstitution.......-------------........---- 47
Section I. Crimes columitted hy individuals on the occasion of tle
exercise of individual rights guaranteed by tlie constitution ....... 47
Section II. Crimes cotnlniitted Iby public ollicials against thle exercise
of individual rights guaranteed liy the iconstitution--...-...........
Section Ill. Crimes in violation of the constitutional provisions relat-
ing to religion alnd worship---------...........-...............--...
Section TV. Provisions common to the three preceding secttions- ...... 's
TIrI.I I IIl.--Crimes against public order ........-- ...--..........-......... as
C('lia ter I. lR billion ....-...............--------- -........- -.........--.
Cliaplter II. -Sedition.. -....--- ...........-- ..........-......-..-..--.. (0
Chapter II 1. Provisions common to tlie two preceding chapters ......... (il
Chapter IV. Criminal attliempts against the authorities and their agents,
resistant, and disobeience...............................------------------------------------- t
Chapter V. Acts of disrespect, insults, acts of contumely and threats
against authorities, and insults, acts of contmllely and threats against
their agents and other public officials --.......---.....- ......... -... (i
('Clapter VI. Public disorders. -............------------.....------ ....----- :
('Capter VII. Provisions common, to the tree preceding chapters ..-----. (it
T .: IV.- Falsities and falsiications ----.... -------------....................-------------.
Chapter I. Falsification o f the royal signature or stamp, the signature of
ministers, seals and marks..--......-.......----------.-.--------- ..----
Secttion I. Falsilication of the royal signature or stamp andi tle signa-
turle of ministers ..........--------.......... .. --------...----- (i
Section 11. Falsification of seals ani marks...----..---.......---.... -ii)
apter I. Counterfeiting of money --......--.....---.---- .---.....-------........
C(haplter 111. Falsification of bank notes, instruments of credit, stamped
paper, postage stamps, and otIher stamped articles whose sale is reserved
to the State....-----------......-.....-- ..----- ..--------------- ...-- iS
Chapter IV. Falsification of documents -............----....-.....-.......
Section T. Falsilication of ollicial and commercial documents and tele-
graphic dispatches--.....---------.............-------.. ..--------------
Sectioin II. Falsification of private docuents.......-------------..... .. 70
SecltionI Ill. Falsification of passports, c'dulsi of residence, and cer-
tificates -.................-..-....-...-.... ......-........------- 70
C('apter V. Provisions applicable to tlie four preceding chapters...----... 71
Chapter VI. Fraudulent concealment of 1proprty or industry, false testi-
ImoIny alin false a:ccsation and denuncliation ........................ 7-
Chlapter VII. Usurpation of otfice, rank, and title, and improper use of
names, dress, insignia, and decorations ....................------......---- 7
Tirl. V \.-Violation of laws relating to interments, violation of sepulchers
and offenses against the public health ....----.........----------..--------- 7
Chapter 1. Violation of laws relating to interments and the violation of
sepulchers -.............- .....- ................- ............---. 75
Chapter 11. Offenses against the public health .....-..----...---- ------ 71







5


TIn.i VI.--Gambling and raffles................... ------------ .........- 77
Trri.I VII.-Offenses conumitted by public employees in the discharge of their
otlice ..............--- ------- ----- ------------ ----------------------- -- 7
Chapter 1. Dereliction of duty.......-................ .......... 77
chapterr 11. IFaithlessness in the custody of prisoners .................. 79
('i:haptr I 11. Faithlessness in the custody of documents. -..-........... 79
chapter r IV. Violation of secrets --.......-..... ..... .. -......- SO
Chapter V. Disobedience and refusal of cooperation- ...........-..- ... 81
Chapter VI. Anticipation, prolongation and abandonment of public
duties ... ............. ... .. ........ ...... ............... ... 8
Chapter VII. Usurpation of prerogatives and illegal appointments to
olic .. ................... .......- ....- -. ..- .... ..... .....-- 82
Chapter VIII. Abuses against chastity..-...--.......- -........... 83
Chapter IX. Bribery ...........................-........ -- ...... 83
(Chapter X. Misappropriation of public funds ..-..........-............ 85
chapter r XI. Frauds and illegal exactions.... --.................. ... 86
Chapter XII. Transactions forbidden public employees ................. 87
Chapter XIII. General provisions....... ....- .....-.... .......... 87
TIrI.E: VIII.-Crimes against persons ....................--... --.... .... --- 87
chapter r I. Parricide ........-----.---..--- ..-...------...----------. 7
Chapter II. Assassination--............. ------------.... ..--------------
Chapter llI. Homicide --..-................-...............- ...........
Chapter IV. Provisions common to the three preceding chapters -..----.. 9
Chapter V. Infanticide .........----..........---------- ...........-- 89
Clhapter VI. Abortion ............................- ...........-..-... 89
Chapter VII. Personal injuries inflicted by violence (esios) -----....---.. 90
Chapter VI11. generall provisions.................................... 92
Chapter IX. Dueling.........----- ..... .....------ ....------ -------.. 92
'IrrLm. IX.-Crimes against chastity ....................................... 94
Chapter I. Adultery-...-.............--................ -..........- -94
Chapter II. Rape (iforci6n) and abuse of chastity-...................... 95
Chapter III. Crimes (of public scandal -......-..-............ ....... -95
Chapter IV. Seduction and corruption of minors ................-------------..----... 96
Chapter V. Abduction (rpto) ......------..........--. ...... .......... 97
Chapter VI. Provisions common to the preceding chapters...--......... 97
'TI'rI.:t X. -C(rimes against honor -...-....--- ........-..--.......-.. ...... 98
Chapter 1. Calumny-...-------------------....---------.. ---. -... 98
Cl(apter 11. Contumely.---........- .....-- ..-- ........... ............. 99
Chapter III, General provisions...-............-....- ...............- 100
TIr.E XI.-C-rimies against the civil status of persons .-..............-...... 101
Chapter 1. Fictitious representation of childbirth and usurpation of civil
status ........- .... .....- -.................-...................... 101
Chapter II. Celebration of illegal marriages....-- .......--- .--......---. 101
TITI.E XII.-C(rimes against liberty and security...---..--...----.............. 102
Chapter 1. Unlawful detentions. -...............-.. ............----.. 102
Chapter I1. Abduction of infants.-...........--......--..-.......---.. 103
Chapter III. Abandonment of children..--.......--..--................ 104
Chapter IV. Provision common to the three preceding chapters ..----.. 104
Chapter V. Forcible entry of dwellings----------....... ..-- ...----...-- 104
Chapter VI. Threats and acts of compulsion --...---.........--....-- .- 105
Chapter VII. Discovery and revelation of secrets...--..--..--..... ---- 105
TITLE XIII.-Crimes against property.........-- ....... -.................. 106
Chapter I. Robbery.--.........-- .......--......--..................-. 106
Chapter II. Theft......-...........--...-.....-..... ....--......... .. 109






6

Trrn. XIII.-Crimes against property-Continued. Page.
Chapter III. Appropriation of slaves belonging to others and flight of
slaves ...... ............ ...--- .-- ...-- ..- .. ............ 110
Chapter IV. Usurpation .... .....----- .---- ..------------------------- 110
Chapter V. Frauds ..-...... .......-........................----...... 111
Section I. Absconding and criminal failure and insolvency-- ........ 111
Section II. Swindles and other false pretense ............--...... 113
Chapter VI. Plots to alter the prices of things-......................... 115
Chapter VII. Pawnbroking establishments.....................------ ------ 115
Chapter VIII. Arson and other malicious destruction of property -....... 11(
Chapter IX. Damage to property..----.........-------------.---------- 11
Chapter X. General provisions -----...----------------------..-----.. 119
Trri'I XI.-Reckless negligence----....---....--- ...--- .......--------------- 11

BooK 111.-Misdemeanors a(d their penalties.

TIT'I. I. Misdemeanors against public order-----.... ......-------------------- 121
TITLE II. Misdemeanors against public interests and the government of towns 122
TITI.E III. Misdemeanors against the person .--....- ..........--..-...----- 125
TITLE IV. Misdemeanors against property ---------------------.---------- .127
TITLE V. Provisions common to all misdemeanors.................--------------------- 130
Final provision --------------------------------------------------------. 130

APPENDIX.
Headquarters Division of Cuba:
Order No. 67, June 1, 1899 ......-----------....--...................-------------.........----- 135
112, July 20, 1899 ....................------............------ 135
118, July 24, 1899 -....----................ .......-----------. 136
125, July 31,1899...----.---.........-- ..-- -------..--------. 137
230, Iecember 4, ....---- ........ ....------------------..... 137
26, January 18, 1900.......--------....----...-----.....------------138
116, March 17,1900..........-- --------------------------------- 138
150, April 10, 1900....----..------------------------------------... 139
165, April 19,1900.. ..------- ............-..--------........ 139
217, May 28, 1900 ...----.----------.. ......------------------- 140
239, June 12, 1900 .......---..---......--------------.....--------..... 142
Headquarters Department of Porto Rico:
General Order No. 109, July 31, 1899 ........----..........------------------- 143
128, August 24, 1899--...-...........---------------- 144
129, August 24, 1899 ----....------------------------ 145
151, September 27,1899 ------...................----- 146
152, September 29,1899 ............----.......---------- 147
54, March 12,1900 .............----.......-.......-148
87, April 25, 1900 .................----------------..----.... 14S
Penalties .............-----......--. -.. ---.. .------------------------- 150


















ROYAL DECREE.


Upon the recommendation of the Colonial Secretary, with the advice
and consent of the Council of Secretaries, and by virtue of the author-
ity vested in my Government by article 89 of the Constitution of the
Monarchy,
I hereby decree the following:
ART. 1. The munended Penal Code of June 17, 1870, shall be pub-
Slishcd and go into effect from the date of its publication in the terri-
Story within the jurisdiction of the islands of Cuba and Porto Rico,
with the amendments recommended by the commission which has had
charge of this work.
ART. 2. In the same manner there shall be published and observed
in the islands referred to in the foregoing article the provisional law of
criminal procedure for the application of said Code, with the changes
recommended by the said commission.
ART. 3. The Government shall inform the Cortes of this decree
and of the modified laws which are applied thereby to the colonial
provinces.
Given at the palace on May 23, 1879.
ALFONSO.
SALVADOR DE ALBACETE,
Colonial Sec etary.
7


















PENAL CODE.


BOOK I.

GENERAL PROVISIONS REGARDING CRIMES AND MISDEMEANORS,
THE PERSONS LIABLE, AND THE PENALTIES.
TITLE 1.
CRIMES AND MISDEMEANORS, AND CIRCUMSTANCES WHICH EXEMPT FROM,
EXTENUATE, OR AGGRAVATE CRIMINAL LIABILITY.
CHAPTER 1.

CRIMES AND MISDEMEANORS.
ART. 1. Crimes or misdemeanors are voluntary acts and omissions
punished by law.
Acts and omissions punished by law are always presumed to be
voluntary unless the contrary shall appear.
Any person voluntarily committing a crime or misdemeanor shall
incur criminal liability, even though the wrongful act committed be
different from that which he had intended to commit.
ART. 2. In case a court should have knowledge of any act which it
considers proper to repress and'which is not punished by law, it shall
abstain from any proceedings in the matter, and shall state to the Gov-
ernment the reasons which induce it to believe that the act should be
the object of penal legislation.
The court shall apply to the Government in the same manner, stat-
ing what may be proper, without prejudice to immediately imposing
sentence, when a strict application of the provisions of the code would
result in an excessive penalty, taking into consideration the degree
of malice and the injury caused by the crime.
ART. 3. Not only is a consummated crime punishable, but also a
frustrated crime and an attempt.
A crime is frustrated when the guilty person performs all of the acts
of execution which should produce the crime as their consequence,
but nevertheless do not constitute it by reason of causes independent
of the will of the perpetrator.






There is an attempt when the guilty person makes a beginning in
the commission of a crime directly by overt acts, and does not per-
form all of the acts of execution which should constitute the crime by
reason of some cause or accident other than his own voluntary
desistance.
ART. 4. A conspiracy and proposition to commit a crime are punish-
able only in the cases in which the law specially makes them so.
There is a conspiracy when two or more persons act together for
the commission of a crime and decide to commit it.
There is a proposition when the person who has decided to commit
a crime proposes its execution to one or m11ore persons.
ART. 5. lMisdemeanors :are punishable only when they have been
consunnllmated.
Exception is .made of frustrated misdemeanors against persons or
property.
ART. penalties which in any of their degrees are corporal.
Crimes are considered "less grave" which the law represses by
penalties which in their maximum degree are correctional.
Misdemeanors are infractions for which the law establishes light
penalties.
A\RT. 7. (rimes which are punished by special laws are not subject
to thel provisions of this code.

C('HAPTE II.

CIRCUMSTANCES WICII FxI EKXEMI FROM CRIMINAL LIABILITY.

ART. S. The following are not delinquent and are therefore exempt
from criminal liability:
1. An imbecile or lunatic, except when the latter has acted during a
lucid interval.
When the imbecile or lunatic may have committed an act which the
law defines as a "grave crime" the court shall order his continement
in one of the asylums established for persons thus afflicted, which he
shall not be permitted to leave without the previous authorization of
the sameO court.
If the act committed by the imbecile or lunatic is defined by the law
as a less grave crime," the court, according to the attendant circum-
stances, shall proceed in accordance with the provisions contained in
the foregoing paragraph or turn over the imbecile or lunatic to his
family, if the latter give sutficient security for his custody.
2. A person under 9 years of age.
3. A person over 9 years of age and under 15 unless he has acted
with the exercise of judgment.







The court shall make an express declaration with regard to this
point in imposing a penalty or in declaring said person irresponsible.
When the minor is declared irresponsible, in accordance with the
provisions of this and of the preceding number, he shall be delivered
to his family with a charge to guard and educate him. In the absence
of a person to guard and educate him he shall be taken to a charitable
institution for the education of orphans and foundlings, and he shall
not leave said institution except at the time and under the conditions
prescribed for its inmates.
4. lie who acts in defense of his person or rights, provided there
are the following attendant circumstances:
(1) Illegal aggression.
(2) Reasonable necessity of the means employed to prevent or
repel it.
(3) Lack of sufficient provocation on the part of the person defend
ing himself.
5. He who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural, or adopted brothers or
sisters, or of his relatives by affinity in the same degrees, and those by
consanguinity within the fourth civil degree, provided the first and
second circumstances mentioned in the foregoing number are attendant,
and provided that in case the party attacked first gave provocation,
the defender took no part therein.
6. A slave acting in defense of his master, and a gratuitously
emancipated freedman in that of his patron, and either when acting in
defense of the spouses, ascendants, descendants, or brothers or sisters
of the said master or patron, provided that in any of these cases the
first and second circumstances mentioned in No. 4 of this article are
attendant, and that in case there was provocation on the part of the
party attacked the defender took no part therein.
7. He who acts in defense of the person or rights of a stranger,
provided the first and second circumstances mentioned in No. 4 are
attendant, and that the defender is not actuated by revenge, resent
ment, or other illegal motive.
8. He who in order to avoid an injury performs an act that causes
damage to another's property, provided the following circumstances
are attendant:
(1) Should the injury sought to be avoided really exist.
(2) Should it be greater than that caused to avoid it.
(3) Should there be no other practicable and less injurious means to
prevent it.
9. He who while performing a legal act with due care causes some
injury by mere accident without liability or intention of causing it.
I 10. He who acts by compulsion of an irresistible force.







It. He who acts under the impullse of a:n uncontrollable fear of an
equal or greater injury.
12. He who acts in the fulfill ent of a duty or in the hleIitimate
exercise of a right, trade, or office.
13. He who acts by virtue of obedience due another.
14. Hle who is guilty of an act of omission, being prevented by legit i-
mIate or insuperable causes.

CA'IAMI'E III.

CIRCUMSTANCES WHICH EXTITNUATE CRIMINAL IAABILITY.
ART. it. The following are extenuating circumstances:
1. Those mentioned in the preceding chapter, when all the requisites
necessary to exempt from criminal liability in the respective cases are
not attendant.
2. When the culprit is under S1 years of age.
3. When the delinquent had no intention of conumitting so grave an
injury as that which he inflicted.
4. When sufficient provocation or there on tre he part, of the injured
party immediately preceded the act.
5. When the act was committed in the immediate vindication of a
grave offense committed against the author of the crime, his spouse.
ascendants. descendants, his legitimate, natural, or adopted brothers
or sisters, or relatives by affinity in the same degrees.
6. When the act was committed in a state of intoxication, if the
latter were not habitual or subsequent to the plan to commit the
crilllme.
The courts shall decide in view of the circumstances of the persons
and of the acts when intoxication is to be considered habitual.
7. When the person has acted under such powerful excitement as
would naturally produce entire loss of reason and self-control.
8. And, finally, any other circumstance of a similar nature and
analogous to the foregoing ones.

('IAPITERL IV.

CIRCUMSTANCES WHICH A(I(RIAVATE CR(IMINAI. IABIlIITY.
AKT. 10. The following are aggravating circumstances:
1. When the injured person is the spouse or ascendant, descendant,
legitimate, natural, or adopted brother or sister, or relative by allinity
in the same degrees of the offender.
2. When the injured person is the master or patron of the offender,
or the spouse, ascendant, descendant, or legitimate brother or sister
of the same.
3. When the act is committed with treachery.







There is treachery when the culprit commits any crime against per-
sons employing means, methods, or forms in the execution thereof
which tend to directly and specially insure it it without. risk to the per-
son of th.le criminal arising from the def the the injured party might

4. When the crime is co(nitted in (onsid'ration of a price, reward,
or promise.
.. When it is colimmitted Iy means of inundaltion, tire, poison, explo-
sion, stranding of a vessel or intentional damage, derailment of a loco-
motive, or by the use of any other artilice involving( great destruction.
6. When tlhe crime is co(lumlitted by mean s of printing, lithography,
photography, or other similar means fiailitating publicity.
Courts shall take this circumsthace into consideration, puallifying it
as aggravating ig or extenuating, according t.o the 1natre and effects of
the crime.
T. When the evil accomplished by the crillm is deliberately increased
by caulsiing other evils unnecessary for its execution.
S. When the act is co(ninitted with evidlenlt priiieditation.
Wh. When craft, fraud, or disguise is employed.
10. When advantage is taken of superior strength or means are
('1employed to weaken the defense.
11. When the act. is comllitted with Labuse of confidence.
I2. When advantld ge is taken by the culprit of his public position.
13;. When means are employed or circ'umlstancies brought Lhabout
which add ilgnomntiny to the i natural otu'ects of the act.
14. Whllen thle crilie is conlllitted oil the occasion of Ia ire, ship-
wreck, or other calamity or misfortune.
15. Whien the crilime is conlliiitted with the aIssistance, (if a'rmlled per-
sons, or of persons who assure or provide inilnunniity.
1<. When it i, connmitted at night, or i n ia uninhabited place or by
a gang.
The, court shall take, this circumstance into consideration according
to the nature anlld characteristics (f the crime.
17. When the crime, is commiitted in contempt of or with insult to
the public authority.
18. Wh4len the culprit has been previously punished for a crime for
which theI law fixes :Iln equal l or greater penalty, or for two or more
crimes for which it fixes a lighter penalty.
This circilumstance shall ,be taken into consideration by the. court'
according to the circumstances of the delinquent and the natllre and
tefects of the crime.
19. When he is a recidivist.
A recidivist is the culprit who being found guilty of one, crime
should have been sentenced for another crime included in the same
title of the code.







20. When the crime is committed in a sacred place, in the palace of
the Governor-General, or in the presence of the latter, or where public
authorities are engaged in the discharge of their duties.
21. When the act is committed with insult or in disregard for the
respect which may be due the aggrieved party on account of his rank,
age, or sex, or when it is committed in his dwelling if he has not given
provocation.
22. When the act is committed against a white person by one who
is not white.
This circumstance shall be taken into consideration by courts accord-
ing to the nature and characteristics of the crime.
23. When the act is committed by wrongful entry.
Wrongful entry is such as is effected through any way not intended
for the purpose.
24. When it is committed by breaking through a wall, roof, or floor,
or by forcing doors or windows.
25. When the culprit is a vagrant.
By a vagrant is understood a person who possesses no property or
income, does not habitually exercise any profession, art, or trade, and
has no employment, office, industry, lawful occupation, or any other
legitimate or known means of earning a livelihood, even though he
may be married and have a fixed domicile.
26. When the act is committed by the use of arms prohibited by the
regulations.

TITLE II.
PERSONS LIABLE FOR CRIMES AND MISDEMEANORS.

CHAPTER I.

PERSONS CRIMINALLY LIABLE FOR CRIMES AND MISDEMEANORS.

ART. 11. The following are criminally liable for crimes:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for misdemeanors:
1. Principals.
2. Accomplices.
ART. 12.' The following are considered principals:
1. Those who take a direct part in the execution of the act.
2. Those who directly force or induce others to execute it.
3. Those who cooperate in the execution of the act by another act
without which it could not have been accomplished.
SSee Order No. 67, Headquarters Division of Cuba, June 1, 1899, page 135.







ART. 13. Accomplices are those persons who, not being included in
the preceding article, cooperate in the execution of the act by other
previous or simultaneous acts.
ART. 14. Accessories are those who, having knowledge of the com-
mission of the crime, and without having participated therein either
as principal or accomplices, subsequently take part in its execution in
any of the following manners:
1. By themselves making profit or by assisting the delinquents to
profit by the effects of the crime.
2. By concealing or rendering useless the body, effects, or instru-
ments of the crime in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the cul-
prit, provided any of the following circumstances are attendant:
(1) When the accessory takes advantage of any public office he may
be holding.
(2) When the delinquent is guilty of treason, regicide, parricide,
assassination, attempt against the life of the Governor-General, or
known to be an habitual criminal in any other crime.
ART. 15. Those who are accessories of their spouses, ascendants,
descendants, legitimate, natural, or adopted brothers or sisters, or rela-
tives by affinity in the same degrees, are exempt from the penalties
imposed upon accessories; also slaves and freedmen with regard to
their masters and patrons or the spouses or other relatives of the latter
in the degrees mentioned, with the only exception of such accessories
as may be included in No. 1 of the preceding article.

CHAPTER II.

PERSONS CIVILLY LIABLE FOR CRIMES AND MISDEMEANORS.

ART. 16. Every person criminally liable for a crime or misdemeanor
is also civilly liable.
ART. 17. The exemption from criminal liability declared in Nos. 1,
2, 3, 8, and 11 of article 8 does not include exemption from civil lia-
bility, which shall be enforced subject to the following rules:
(1) In cases 1, 2, and 3, the persons who are civilly liable for acts
committed by a lunatic or imbecile, or a person under 9 years of age,
or over this age and under 15, who has not acted with the exercise of
judgment, are those who have them under their authority, legal
guardianship, or power, unless they prove that there was no blame or
negligence on their part.
Should there be no person having them under his authority, legal
guardianship, or power, or if such person be insolvent, the said luna-
tics, imbeciles, or minors shall answer with their own property,
excepting that part which is exempted for their support in accordance
with the civil law.







(2) In the case of No. 7. those persons are civilly liable from whom
the injury was warded off in proportion to the benefit they may have
derived.
The court shall tix. according to its judgment, the proportional
amount for which each interested party shall be liable.
When the respective amounts can not be equitably apportioned, even
approximately, or when the liability extends to the State or the greater
part of a town, and in any case, if the damage were caused with the
assent of the authorities or their agents, indemnity shall be made in
the manner prescribed by special laws and regulations.
(3) In the case of No. 11, those who caused the fear shall be prin-
cipally liable, and subsidiarily, in the absence of the former, those who
committed the act. reserving with regard to the latter the benefit of
competency.
ART. IS. Innkeepers, tavern keepers, and any other persons or
enterprises shall be civilly liable, in the absence of persons criminally
so, for crimes committed within their establishments, whenever any
infraction of general or special police regulations by them or their
employees may have occurred.
Innkeepers are furthermore subsidiarily liable for the restitution
of effects robbed or stolen within their houses from persons who are
stopping therein, or for the indemnification of said goods, provided
the persons have notified in advance either the innkeeper himself, or
the person representing him, of the deposit of said effects in the inn;
and provided furthermore, that they have heeded the warnings that
said innkeepers or their substitutes may have given them with regard
to the care and vigilance of their effects. There shall he no liability
in case of robbery by violence or intimidation of persons, except it be
committed by the employees of the inn.
ART. 19. The subsidiary liability established in the preceding article
shall also applly to masters, teachers, persons, and enterprises engaged
in any kind of industry, for crimes and misdemeanors committed by
their slaves, pupils, officers, apprentices, or employees in the discharge
of their obligations or service.

TITLE III.
PENALTIES.
CHAPTER 1.

PENALTIES IN GENERAL.

ART. 20. No crime or misdemeanor shall be punished by a penalty
which was not established by law prior to its commission.
ART. 21. Penal laws shall have a retroactive effect in so far as they
favor the person guilty of a crime or misdemeanor, even though at








the time of the publication of said laws a final sentence should have
Seen pronounced and the convicted person is serving his sentence.
SART. 22. The pardon of the offended party does not extinguish a
pi'iil action. This is not understood with regard to crimes which can
mni I e prosecuted without the previous denunciation or consent of the
. ininred party.
civill liability with regard to the interests of the party condemning an
,hillrise is extinguished by his express renunciation.
AT. 23. The following shall not he considered as penalties:
1. Detention and temporary confinement of the accused persons.
2. Suspension front public employment or ollice ordered during pro-
ceedings, or in order to institute them.
3. Fines and other corrections which, in the use of their administra-
tive or disciplinary powers, superiors may impose upon their subordi-
nates or upon those under their direction.
4. Deprivation of rights and reparations, which the civil laws Ilay
establish in penal form.
( IAITERI II.

CLASSIFICATION OF IPENAuriKES.

Awir. 24.' The penalties which may be imposed according to this
code, and their different classes, are those included in the following
general scale:
( ijporal pe'nalwtie/.--Death; cadena l)ept(ia"; rewu/idn pTjpetua;
ri, l/ r 'fua; perpetual expulsion; caden'a 'emporal, ; r<'e/'l .wi/
fijmprId; r1,'.qfac;'n t'mnpor'al; temporary expulsion; pr<..dio mayor;
jpri';(;n myori/i';, cminiamim to;, perpetual albsolute disqualification;
tellporary absolute disqualification; perpetual special disqualification
from public office, the right of suffrage, active and passive, and from
the exercise of a profession or trade; temporary special disqualifica-
tion from a public office, the right of suffrage, both active and passive,
and from the exercise of a profession or trade.
(o',rr'ci onai p'nal, ts.- widio, correccwonal; jpr'iw; on. ''CCional;
banlishmlent; public censure; suspension from public office, active and
passive right of suffrage, and from the exercise of a profession or
trade; Llht p'nmdatis'x.-Arrecto mentor; private censure.
/inltfi. comnmoln to thec three prc'red img cltases.-Fine; caution.
.1w, '..- .ry petnalties.-Degradation; civil interdiction; subjection to
Sth. -iiur\-illance of the authorities; forfeiture or confiscation of the
iniltrimientI, and proceeds of the crime; payment of costs.
A .\Ir. .5. A fine, when imposed as the principal penalty, shall be
c.inll-iiii.er0.d as a corporal penalty if it exceeds 6,250 pesetas; as correc-
',,. i r,-r No. 26, IIeadquarters Division of Cuba, January 18, 1900, page 138.
S 1;71---2







tional if it does not exceed 6.250 and is not less than 325 pesetas, and
light if it does not amount to 325 pesetas.
ART. 26. The penalties of disqualification and suspension from pub-
lic office and the right of suffrage are accessory in those cases when, not
being specially imposed by law. it declares that other penalties shall
include them.
Costs.of proceedings are understood to be imposed by law upon those
criminally liable for any crime or misdemeanor.

CHAPTER III.

DURATION AND EFFECT OF PENALTIES.
SECTION I.---Duration f fic flqt;cf.
ART. 27. Persons condemned to cadena, r,'rclsiin, and releqacidn
wpeIJ tus, or to perpetual expulsion, shall be pardoned after having
served thirty years of their sentence, unless on account of their con-
duct or for other serious reasons they shall not he worthy of pardon
in the opinion of the Government.
The penalties of cmdh n, reclusivon, and r,,r/rem/ichi tenpiorale', and
temporary expulsion, shall last for twelve years and one day to twenty
years.
Those of prn'esidi and pri.irn may/orcs and i,,i,,;'n Ant, shall last
from six years and one day to twelve years.
Those of temporary absolute and temporary special disqualification
shall last from six years and one day to twelve years.
Those of presid(i, c'rreecioal and lp'isi~ n orreccional shall last
from six months and one day to six years.
That of suspension shall last from one month and one day to six years.
That of arrc.4fsto mayor shall last from one month and one day to six
months.
That of urr esto memor shall last from one to thirty days.
That of caution shall last for the time the court may determine.
ART. 28. The provisions of the preceding article shall not apply to
penalties imposed as accessory to others, in which case the accessory
penalties shall have the duration respectively fixed by law.
ART. 2 t. When the guilty person is imprisoned, the duration of the
temporary penalties shall commence from the day on which the con-
demnatory sentence was made final.
When the guilty person may not be imprisoned, the duration of pen-
alties consisting in deprivation of liberty shall commence as soon as
said person is at the disposal of the judicial authorities, in order to
serve his sentence.
The duration of the penalties of expulsion, confinanmiento, and ban-
ishment shall commence only from the day on which the guilty per-
son commenced to serve his sentence.







If the guilty person should enter an appeal and it is refused, he
shall not be allowed the time that has elapsed between the sentence
appealed from and the one rejecting the appeal.

SEcTION II.-Efects qf penalties according to their respective nature.
ART. 30. The penalty of perpetual absolute disqualification shall
produce the following effects:
1. The deprivation of the person punished of all honors which he
may be enjoying, and of all public employment and offices which he
may be holding, even though the latter come from popular election.
2. The deprivation of the rights to vote and to be elected to public
offices of popular election.
3. The disqualification to acquire the honors, offices, employment
and rights mentioned.
4. The loss of all right to retirement with pay, suspension with
part pay, or any other pension for offices he may have previously
filled, without prejudice to the pension for support the Government
may grant him as a reward for distinguished services.
Under this provision are not included rights already acquired at
the time of the condemnation by the widow or children of the person
punished.
ART. 31. The penalty of temporary absolute disqualification shall
produce the following effects:
1. The deprivation of the person sentenced of all honors he may be
enjoying, and of all public employment and offices which he may be
holding, although the latter be filled by popular election.
2. The deprivation of the right of voting and being elected to pub-
lic office by popular election during the term of the sentence.
3. The disqualification of acquiring the honors, employment, offices,
and rights mentioned in No. 1, likewise during the term of the sen-
tence.
ART. 32. Perpetual special disqualification from public office shall
produce the following effects:
1. The loss of the office or employment which it affects, and of the
honors attached thereto.
2. Disqualification to acquire other similar ones.
ART. 33. Perpetual special disqualification from the right of suffrage
shall perpetually deprive the person punished of the right to vote and
being elected to the elective public office in question.
ART. 34. Temporary special disqualification for a public office shall
Produce the following effects:
1. Loss of the office or employment which it affects, as well as the
honors attached thereto.
2. Disqualification to acquire other similar offices or employment
during the term of the sentence.







ART. 39. When an ecclesiastical person is sentenced to the penalty
of disqualification in any of its classes or to that of suspension, the
effects thereof shall be limited, respectively, to the offices, rights, or
honors which he does not derive from the church and to the salary
to which he is entitled by reason of his ecclesiastical office.
ART. 40. Perpetual special disqualification for a profession or trade
shall perpetually deprive the person punished of the privilege to
exercise the same.
Temporary disqualification therefore shall deprive him in the sanm
manner during the term of the sentence.
ART. 41. Suspension from the exercise of a profession or trade shall
produce the same effects as temporary disqualification during the term
of the sentence.
ART. 42. Civil interdiction shall deprive the person punished as long
as he suffers it, of the rights of parental authority, guardianship of
person or property, participation in the family council, marital author-
ity, the administration of property, and the right to dispose of his own
property by acts int'r ,'Wos. Those cases are excepted in which the
law explicitly limits its effects.
AuT. 43. Subjection to the surveillance of the authorities imposes
the following obligatiofis on the persons punished:
I. That of fixing his domicile and giving notice thereof to the
authority immediately in charge of his surveillance, not being allowed
to change it without the knowledge and permission of said authority
in writing.
2. To observe the rules of inspection prescribed.
3. To adopt some trade, art, industry, or profession, should he not
have known means of subsistence of his own.
Whenever a person punished is placed under the surveillance of
the authorities, notice thereof shall be given to the Government and
to the Governor-General.
Airr. 44. The penalty of caution shall oblige the person punished to
secure a sufficient bondsman, who shall guarantee that said person will
not commit the injury which it is endeavored to prevent, otherwise
binding himself to pay the sum which the court may have fixed in the
sentence.
The court shall fix the term of the bond in its discretion.
If the person punished should not furnish bond, he shall incur the
penalty of banishment.
AiT. 45. Persons sentenced to the penalties of disqualification for
public offices, for the right of suffrage, or for a profession or trade.
perpetually or temporarily, may be rehabilitated in the form pre-
scribed by law.
ART. 46. A pardon shall not produce rehabilitation for the discharge
of public office and for the exercise of the right of suffrage, unless
said rehabilitation be specially granted in the pardon.








'The court shall fix the term of the bond in its discretion.
If the person punished should not furnish bond, ih shall incur the
penalty of banishment.
\ Alr. 44. Persons sentenced to the penalties of disqualification for
public offices, for the right of suffrage, or for a profession or trade,
perpetually or temporarily, may be rehabilitated in the form prescribed
Sby lqw.
A irT. 45. A pardon shall not produce rehabilitation for the discharge
of public office and for the exercise of the right of suffrage, unless
Said rehabilitation be specially granted in the pardon.
| AIn. 4;. Costs shall include fees and indemnifications incurred in
i judicial proceedings, whether consisting of fixed or unalterable
Amounts, by reason of being previously fixed by laws, regulations, or
Royal orders, or not fixed by any schedule.
S Awr. 47. The amount of fees and indemniitications not previously
fixed in the terms prescribed in the preceding article shall be fixed by
the court in the manner established by the law of criminal procedure.
Airr. 48. In case the property of the person punished should not
hbe sufficient to cover all the pecuniary liabilities, they shall be satisfied
in the following order:
1. Reparation of the injury caused and indemnification of damages.
2. Indemnification to the State for the amount of stamped paper
and other expenses which may have been incurred on his account in
4 the cause.
3. The costs of the private accuser.
4. Other costs of procedure, including those of the defense of the
Person prosecuted, without preference among the persons interested.
i 5. The fine.
Should the crime have been of those which can be prosecuted only
at the instance of a party, the costs of the private accuser shall be
satisfied in preference to the indemnification to the State.
Aler. 49. If the person sentenced should not have property to
satisfy the pecuniary liabilities included in Nos. 1, 3, and 5 of the
preceding article, he shall be subject to a subsidiary personal liability
at the rate of one day for every 12f pesetas, according to the follow-
ing rules:
1. If the principal penalty imposed is to be undergone by the
criminal confined in a penal institution, lie shall continue therein,
although said detention can not exceed one-third of the term of the
Sentence, and in no case can it exceed one year.
2. If the principal penalty imposed is not to be undergone by the
criminal in a penal institution and its duration is fixed, he shall con-
tinue subject, for the time mentioned in the preceding article, to the
same deprivations of which said penalty must consist.
3. If the principal penalty imposed should be a censure, fine, or
caution, the insolvent guilty person shall be confined in the district jail








for a term which can not exceed six months in any case, should he have
been prosecuted for a crime, or fifteen days should he have been pros-
ecuted for a misdemeanor.
ART. 50. The subsidiary personal liability on account of insolvency
shall not be imposed upon the person condemned to a penalty higher
in the general scale than that of presidio correccional.
ART. 51. The personal liability which the criminal may have
incurred by reason of insolvency shall not exempt him from the
reparation of the injury caused and indemnification of damages if his
pecuniary circumstances should improve, but it shall exempt him
from the other pecuniary liabilities included in numbers 3 and 5 of
article 48.

SECTION III.-Punishments which include other accessmay penalties.

ART. 52. The death penalty, when it is not carried out because the
criminal has been pardoned, shall include perpetual absolute dis-
qualification and subjection of the criminal to the surveillance of the
authorities for the term of his life, unless said accessory penalty has
been specially remitted in the pardon.
ART. 53. The penalty of cadenaperpet.ua shall include the following
accessory penalties:
1. Degradation, in case the principal penalty of cadena perpetua is
imposed upon a public official by reason of abuse committed in the
exercise of his office, if said office is one of those which confer a per-
manent character.
2. Civil interdiction.
3. Subjection to the surveillance of the authorities during the life
of the person punished.
Even though the latter should obtain pardon from the principal pen-
alty, he shall suffer that of perpetual absolute disqualification and sub-
jection to the surveillance of the authorities during his life, unless this
accessory penalty has been remitted in the pardon of the principal
one.
ART. 54. The penalties of reclu (ii; p)eripetua, relegaciain perpetua,
and perpetual expulsion shall include that of perpetual absolute dis-
qualification and subjection to the surveillance of the authorities
during the life of the person punished, said accessory penalties being
suffered by the latter even though he may have been pardoned as to
the principal one, if they have not been remitted in the pardon.
ART. 55. The penalty of cadena temporal shall include the follow-
ing accessory penalties:
1. Civil interdiction of the person punished during the term of the
sentence.
2. Perpetual absolute disqualification.







:authorities during the term of the sentence and as lomn again, which
-lhall be counted from the time the sentence is fulfilled.
ART. ti. The penalty of cominmiiento shall include that of tem-
porary absolute disqualification and subjection to the surveillance of
the authorities during the term of the sentence and as much again,
which shall begin to be counted from the completion of the former.
ART. 61. The penalties of piscin mayor and jprsioi; cor'recioal
:u1d a'r''rxto tt/yor. shall include suspension from any office, and from
the right of suffrage during the term of the sentence.
ART. i2. Every penalty which may be imposed for a crime shall
include the forfeiture of tlhe proceeds of the crime and of the instru-
ments used in its execution.
Both shall be confiscated. unless they belong to a third party who is
not responsible for the crime.
Things thus confiscated shall be sold, if they are of licit commerce,
the proceeds thereof being applied to cover the liabilities of the person
punished. or shall be rendered useless if they are illicit.

CHAPTER IV.

TIlE APPLICATION OF PENALTIES.

S'ECTION I.--.Rithslti f;' th l/difiathio) of pe altif', to pre/i cinimi'111athbd c''rin. f.rflstabtd r'1im, and ateI/ it; afnd to af'e m-
ple. 'e and tl/l ""t.'ori NS thfce'cto.

ART. i3. Ipon the principals in a crime or misdemeanor the pen-
alty shall be imposed which has been prescribed by the law for said
erinle or misdemeanor.
Whenever the law shall establish the penalty for a crime in general
terms, it shall be understood as being imposed upon the consummated
'rimlie.
ART. (4. In cases in which the crime committed is different from
that which the culprit had intended to commit, the following rules
shall l)e observed:
I. If the penalty prescribed for the accomplished crime should be
higher than that corresponding to the crime which the culprit had
intended to commit, the penalty corresponding to the second shall be
imposed on the culprit in its maximum degree.
2. If the penalty prescribed for the accomplished crime, should he
lower than that prescribed for the one which the culprit had intended
to commlit, the penalty corresponding to the former shall be imposed
on him, also in its maximum degree.
3. The provisions of the preceding rule shall not be applicable if
the acts committed by the culprit should constitute, besides, an attempt
to commit another crime or another frustrated crime, if the law should







3. Subjection to the surveillance of the authorities during the life
of the person punished.
ART. 56. The penalty of presidio mayor shall include those of abso-
lute temporary disqualification and subjection to the surveillance of
the authorities for a term equal to that of the principal punishment,
which shall begin to be counted from the date of the fulfillment of
the same.
ART. 57. The penalty of presidio correccional shall include suspen-
sion from any public office, profession, trade, or from the right of
suffrage.
ART. 58. The penalties of reclusidn temporal, relegacion temporal,
I and temporary expulsion shall include temporary absolute disquali-
fication during their term and subjection to the surveillance of the
authorities during the term of the sentence and as long again, which
Shall be counted from the time the sentence is fulfilled.
ART. 59. The penalty of confnamitento shall include that of tempo-
rary absolute disqualification and subjection to the surveillance of the
authorities during the term of the sentence and as much again, which
shall begin to be counted from the completion of the former.
ART. 60. The penalties of pnrisid& mayor and prisidn correccioal
and arrest mayor shall include suspension from any office and from
the right of suffrage during the term of the sentence.
ART. 61. Every penalty which may be imposed for a crime shall
include the forfeiture of the proceeds of the crime and of the instru-
ments used in its execution.
Both shall be confiscated unless they belong to a third party who is
not responsible for the crime.
Things thus confiscated shall be sold if they are of licit commerce,
the proceeds thereof being applied to cover the liabilities of the per-
son punished, or shall be rendered useless if they are illicit.

CHAPTER IV.
THE APPLICATION OF PENALTIES.
SECTION I.-Rules fo, the application of penalties to principals in a
consummated crime, frustrated crime, and attempt, and to accomplices
and accessories thereto.
ART. 62. Upon the principals in a crime or misdemeanor the pen-
alty shall be imposed which may have been prescribed by the law for
said crime or misdemeanor.
Whenever the law shall establish the penalty for a crime in general
terms it shall be understood as being imposed upon the consummated
crime.


A







ART. 63. In cases in which the crime committed is different from
that which the culprit had intended to commit the following rules shall
be observed:
1. If the penalty prescribed for the accomplished crime should be
higher than that corresponding to the crime which the culprit had
intended to commit, the penalty corresponding to the second shall be
imposed on the culprit in its maximum degree.
2. If the penalty prescribed for the accomplished crime should be
lower than that prescribed for the one which the culprit had intended
to commit, the penalty corresponding to the former shall be imposed
on him, also in its maximum degree.
3. The provisions of the preceding rule shall not he applicable if
the acts committed by the culprit should constitute, besides, an
attempt to commit another crime or another frustrated crime, if the
law should punish these acts with a higher penalty, in which case that
corresponding to the attempt or frustrated crime shall be imposed in
its maximum degree.
ART. (i4. Upon the principals in a frustrated crime shall be imposed
the penalty next lower in degree than that prescribed by tile law for
t he consummated crime.
The same rule shall be observed regarding the principals in frus-
trated misdemeanors.
ART. (5. Upon the principals in an attempt to collmmit a crime shall
be imposed a penalty lower by two degrees than that prescribed by
law for the consumlnliated crime.
ART. (66. Upon the accomplices in a consummated crime shall be
imposed the penalty next lower in degree than that prescribed by law
for the consummated crime.
ART. 67. Upon the accessories in a consummnated crime shall be
imposed the penalty lower by two degrees than that prescribed by law
for the consummated crime.
ART. 68. Upon the accomplices in a frustrated crime shall be
imposed the penalty next lower in degree than that prescribed by law
for the frustrated crime.
ART. 69. 1Upon the accessories in a frustrated crime shall be imposed
the penalty lower by two degrees than that prescribed by law for the
frustrated crime.
ART. 70. Upon0 the accomplices in an attempt to commit a crime
shall be imposed the penalty next lower in degree than that prescribed
by law for the attempt to commit the crime.
ART. 71. Upon the accessories in an attempt to commit a crime
shall be imposed the penalty lower by two degrees than that pre-
scribed by law for the attempt to commit the crime.
ART. 72. There are excepted from the provisions of articles 67, 69.
and 71 the accomplices mentioned in No. 3 of article 14, in whose








punish these acts with :a higher penalty, in which case that correspond-
il, to the attempt or frustrated crime shall be imposed in its maximum
degree.
Awr. i;". Upon the principals in a frustrated crime shall be imposed
til penalty next lower in degree than that prescribed by the law for
the consu(inm11at ed crimlle.
The same rule shall Ibe observed regarding the principals in frus
treated imisdemneanors.
Awr. li.Ul. I'pon tlh Iwinc'ipals in an attempt to commit a crime shall
be imposed a penalty lower by two degrees than that prescribed by law
for tih' conslllllllllated cime.
Awl I. ipon thle accomplices in a consiiuniatcd crime shlll Ine
imposed lth penalty next lower in degree than that, prescribed by la\\
for the c'onsuliiii acted crinll'.
Ai'r. Gs'.. ['ponl the accessories in a consumminated crime sliall be
imposed tle pIenalty lower by two degrees than that prescribed by law
for the consiiiiiumated crin'e.
Alrr.. Upon the iacomliplices in a frustrated crine shall be
implosed lle penially next lower in degree than that prescribed by law
for the frustrated crime.
Awir. T7. )pon (lte :Lccessories in a frustrated crime sliall he
imposed lihe p enally lower by two degrees than that prescribed by law
for thl' trustraitd ri' le.
.A irl. 71. 1 'ponl thle rwomplhies iln aI1 at:teimpt to commit a crime
slhill Ibe iniposed the penalty next lower in degree than that prescribed
lb law for ti,' attempt to commit the crime.
Al'r. 7T. Upon lth :aces series in :n atteinpt to commit a crile
shall be imposed tle pL lnalty lower by two degrees than that prescribed
by 1lw for the attempt t tohe crime.
.A1 r. 7T. There are excepted from the provisions of articles 6S. 70,
and 72 tlihe acomplices mentioned in number 3 of article 14. in whose
cases thle first circumstance mentioned in said number is attendant.
upon whlom the penalty of perpetual special disqualification shall be
imposed, it t lIe delinquent harbored should have been guilty of a grave
crimem. tiandt that of temporaryl'al'. special disqualification if he should have
been guilty of a less grave crime.
Au'r. 74. The general provisions contained in articles 6;5 to 7T,
inclusive, shall not bIe applicable to cases in which the frustrated
crie, thlie attempt. tlie complicity. or the participation after the fact
(,Weili;m ;, no) are specially penalized by law.
Awr. 7T. In order to graduate the penalties which. in accordance
with the provisions of articles 0.: to 72. inclusive, should he imposed
on the Iprincipals in : frustrated crime and in an attempt to commit
crime, and upon tlie accomplices and accessories, the following rules
shall he observed:
1. When the penalty prescribed for the crime is a single and indi-






25

.ibe one. the penalty "next lower" shall be that following in number
(i, indivisible penalty in the respective graduated scale.
\ When the penalty prescribed for the crime is composed of two
j,iil isible penalties. or of one or more divisible penalties imposed to
li1irv full limit, the penalty ""next lower" shall be that which follows
in I number the lesser of the penalties imposed in the respective gradu-
H,,i Scale.
When the penalty prescribed for the crime is composed of one or
1\\ indivisible penalties and the maximum degree of another divisible
pJi'1:dtv, the penalty next lower" shall consist of the medium and mini-
miM degrees of the said divisible penalty and the maximum degree of
thiiil following in tmnmber in the respective griaduiated scale.
i. When tlie penalty prescribed for the crime is composed of vari-
OU-i degrees, corresponding to several divisible penalties, that next
o(\\ 'r" shall consist of the degrree that follows the minimum of those
,..... ituti igl the penalty imposed, and of the two others next immediate.
h 1. i \\ ill lie taken from the penalty imposed, if it should have any,
I ..Illie'l\\ i-e from the penalty following iln number ill til' respective
. ,. lint'd -'cale.
\\ i.,ii the law prescrilles the penalty for the crime in a form not
I .1ll iii'-ntioned in the four preceding rules, the courts, proceed-
1_ :in:lo vy. shall impoe the penalties corresponding to principals,.
.,iipli cv-. and accessories in a frustrated crime and il an attemlIpt
I. **1111it :1 grille.
1 \i1. 7,;. When the penalty prescribed by law for a crine should he
lii.h.ic in two scales, the graduation prescribed in the preceding
,ii. I. hall be made according to the scale which includes the penal-
i. i hliich are punished the greater part of the crimes referred to
,I, II. -...tihn. chapter, or title in which the crime is contained.

I)cislrtir ve thable if the Iprov.isions of this chapter.

'Penalty pertaiining
Penalty pertaining to th>'e principall |.r>, t,. t in'in t
to the principal l in nil attenpt it teon- to .1..1 ;,,Z e1,li, Pi n lty pertaining
-, .... r.... frustnrted crime. sninm ated crimre, frustrated c.ri;;,l to a' ssory il
. ..rkd.. Id tile tieompli 'e t cessory in the lluIancco" lic 4' telmpt U commit
in a cons tum ated ane c riime, anl d iIn- I- tt IP t criiie.
crime. o pIIIIi'll liit
frustrated crime.

..,11. Olrdna Tirpriina .... Orld eno Icnporld ... Presidio !ayor.... Presidio i n rre-
Sionall.
.. ,I .... I ( d nt t" m oiiral .... ]Pr'sidiolt ma o/r ..... Preside in0r11r- Arrlesto inytm.
,I '",t. Im0 eional.
i ..i PrJ'esidio ,anyor in Presidio correr- Arresto mjIor in Fine and arrest
I. I S itsIImaximutii de- rionali it sn x- its l111x u1111111 imiior in Its
.i.,II.. .1i-. gree to cadena imum degree to degree to p;- mininmunm alnd
r.. i,, tempoiiral in its presidio nayor sidio i correc- medium de-
medium degree. in its medium de- ional in its me- greens.
gree. dium degree.
I uirtl case, pre- Presidio correc- Arresto mayor in Fine and arrest Fine.
hi, maaiiior in cional in itsmax- its maximum de- mayor in its
Stiilliiximnumde- imum degree to agree to presidio minimum and
uce to ezdcuna presidio myior in correec'ionalin\ its medium de-
t' linoral in its its medium de- medium degree. agrees.
Imedium degree. gree.





25

;ie-- the first circumstance mentioned in said number is attendant,
Supoi whom the penalty of perpetual special disqualification shall be
i iill 'ed if the delinquent harbored should have been guilty of a grave
Icriiiie, and that of temporary special disqualification if he should have
bJ eI, guilty of a less grave crime.
S.IT. 73. The general provisions contained in articles i4 to 72,
inllu ive. shall not be applicable to cases in which the frustrated
T.rime, the attempt, the complicity, or the participation after the fact
(.. .' bri,tniento) are specially penalized by law.
AuT. 74. In order to graduate the penalties which, in accordance
with the provisions of articles (4 to 72, inclusive, should be imposed on
Sthe principals in a frustrated crime and in an attempt to commit
Crime, and upon the accomplices and accessories, the following rules
shall be observed:
1. When the penalty prescribed for the crime is a single and indi-
visible one, the penalty next lower shall be that following in number
Sthe indivisible penalty in the respective graduated scale.
2. When the penalty prescribed for the crime is composed of two
indivisible penalties, or of one or more divisible penalties imposed to
their full limit, the penalty next lower shall be that which follows in
number the lesser of the penalties imposed in the respective graduated
scale.
3. When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum degree of another divisible
penalty, the penalty next lower shall consist of the medium and mini-
nunm degrees of the said divisible penalty and the maximum degree of
that following in number in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of vari-
ous degrees, corresponding to several divisible penalties, that next
lower shall consist of the degree that follows the minimum of those
constituting the penalty imposed, and of the two others next immedi-
ate, which will be taken from the penalty imposed, if it should have
any, and otherwise from the penalty following in number in the
respective graduated scale.
5. When the law prescribes the penalty for the crime in a form not
specially mentioned in the four preceding rules, the courts, preceding
by analogy, shall impose the penalties corresponding to principals,
I accomplices, and accessories in a frustrated crime and in an attempt to
con(lit a crime.
ART. 75. When the penalty prescribed by law for a crime should
have been included in two scales, the graduation prescribed in the pre-
Sceding article shall be made according to the scale which includes the
penalties by which are punished the greater part of the crimes
referred to in the section, chapter, or title in which the crime is con-
tained.







SECTION 11. Il/e fur fr I/ ppl0atlon ttf pnat;tif ith'i/ r ",.'cnetonl ain q ggrarating circui,',ane w.

Awlr. 77. Extenuating or aggravating circumstances shall be taken
into consideration in reducing or increasing the penalty in the cases,
and in accordallce with the rules prescribed in this section.
Alcr. 7S. Aggravating circumlistances which in themselves constitute
a crime specially I)inished by law, or which the law has nientionle ill
describing and penalizing it, shall not have the effect of inereasinii,
penalty.
Nor shall this effect he produced by aggravating circillstances lhait
are inherent in such manner to the crime that without the attenduinei
thereof the crime could not )e committed.
Almr. 7. Thel ggravating or extenuating circumstances that consist
in the moral condition of the delinquent, in his private relations will
the injured palrtv, or iln anyi other lersoinl cause, shlall serve to am.'ii-
\ate or diminish the liability of only the principals, accomplices, iol
accessories who may lie atlected thereby.
The circumstances which consist in the material execution of the
deed, or in hle eans eimplloyed to accomplish it, shall serve to agmrt.r
vate or diminish the liability of those persons only who were acquaintcl
with them 'at the moment of the commission of the crime, or of thlir
cooperation therein.
Awr. so. In cases in which the law prescribes only one indivisibll,
penalty, the courts shall apply it without consideration of the ag&rvni-
vatinig or extenuating circumstances attending the deed.
In cases in which the law prescribes a punishment composed of two
indivisible penalties, the following rules shall be observed in the appli-
cution thereof:
1. If an aggravating circumstance alone should have attended lthe
deed, the higher penalty shall he applied.
2. If neither extenuating nor aggravating circumstances should
have attended lhe deed, the lesser penalty shall be applied.
3. If an extenuating circumstance and no aggravating one shoulil
have attended the deed, the lesser penalty shall be applied.
4. If both aggravating and extenuating circumstances should hlmv'
attended the deed, the courts shall make reasonable allowance there-
for, with regard to their number or importance, in applying the pen-
alty in accordance with the foregoing rules. according to the result
produced by such allowance.
ART. 81. In cases in which the penalty prescribed by law contains
three degrees, whether it be a single divisible penalty or composed of
three different penalties, each of which forms a degree in accordance
with the provisions of articles 96 and 97, the courts shall observe for
the application of the penalty the following rules, according as to
whether there are or not extenuating or aggravating circumstances:






26

Denmnstrative table of the pirorisions of this ehcIptvcr.


Penalty prescribed
for the crime.


Penalty pertain-
ing to t i prin-
cipal in a frus-
trated crime e
and the acconl-
pliee in a conl-
s m a t e
crimle.


Penalty pertaining
to tie principal
in anl attempt at
cOInsu m In Ie d
crin, accessory
in thel slle erimne,
and accomplices
in a frustrated
crime.


Penalty per
ilng tolnl ni
sory in ia
treated r
and ae c
plies in
tempt.


rtain-

i It e
o nl -
uom-
at-


First case. death .... ( 'dlna po rpceta... (Oluna temporal.... itPredio alor....
Second ease, eandcra (i ade na tcnporal.. Presidio ma!yr..t.... Pr' sidio corr'ei
IperpIta to death. Ial.
Third ease. edmo'i t Prtsidio mayor in Presidio corrleeio- Arresto maIlltor in
temtpo!ral in its its maxnluim n l in its nxi- itls llmximll
1maximlum degree degree to e(- i nliu degree to degree to pr-e
to death. dei'na temporal pr'si dio tcmaor inl sidio itcor'eccic-
in its mediumll its medinul de- Iulil its medi-
degree. agree. n111 degree.
Fourth ease. prc- Prsidio corr ec- AIrel'sho i ayllor in Fine tand arr'sto
sidio mayor in it.s ional in its its Inaximumll de- mayor in its
maximum degree maximum de- green to prsid/io i m minimum and
to cadctii tempo- gree to presidio corcr'reinal illits t medium de-
ral in its medium mayor inits me- medium degree. grees.
degree. dium degree


Penalty pertain-
ing to alln acces-
sory in a attempt
t1o 'ollllmlit at
Crime.


Preidio conrrectio-
.1rr',to mn yor.
Fine and arrest
Mtnt/or i n its
tediunm degrees.

Fine.


SECTION II.-Rult,'S fwf' the applwiati f f ptc1rlti,'s within '(gard to
eOxtenuatitn and aggravtat;n circumniitances.

ART. 76. Extenuating or aggravating circumstances shall be taken
into consideration in reducing or increasing the penalty in the cases
and in accordance with the rules prescribed in this section.
ART. 77. Aggravating circumstances which in themselves constitute
a crime specially punished by law, or which the law has mentioned in
describing and penalizing it, shall not have the effect of increasing a
penalty.
Nor shall this effect be produced by aggravating circumstances that
are inherent in such manner to the crime that without the attendance
thereof the crime could not be committed.
ART. 78. The aggravating or extenuating circumstances that consist
in the moral condition of the delinquent in his private relations with
the injured party, or in any other personal cause, shall serve to
aggravate or diminish the liability of only the principals, accom-
plices, or accessories who may be affected thereby.
The circumstances which consist in the material execution of the
deed or in the means employed to accomplish it shall serve to aggra-
vate or diminish the liability of those persons only who were acquainted
with them at the moment of the commission of the crime or of their
cooperation therein.
ART. 79. In cases in which the law prescribes only one indivisible
penalty the courts shall apply it without consideration of the aggra-
vating or extenuating circumstances attending the deed.
In cases in which the law prescribes a punishment composed of two
indivisible penalties the following rules shall be observed in the
application thereof:
1. If an aggravating circumstance alone should have attended the
deed, the higher penalty shall be applied.







1. If neither aggravating nor extenuating circumstances should
b:1 I' attended the deed. they shall impose the penalty prescribed by
I:wv i its medium degree.
If only an extenuating circumstance should have attended the
dlc., they shall impose the penalty in its minimiuu degree.
:. If only an aggravating circumstance should have attended the
deedy. they shall impose the penalty in its maximum degree.
I. If both extenuating and aggra:vating circumstances should have
attlended the deed. they shall make a reasonable allowance in the desig-
nat ion of the penalty by counterbalancing the weight of the one with
the other.
:;. If two or more very marked extenuating circumstances and no
ara.:;tvating circumstance should have attended the act, (he court shall
impose the penalty next lower to that prescribed hy the law in the
lderee that it considers proper, according to the numnher and impor-
t:nlic' f such cirlcuIstIances.
i. Whatever lmay he the number and importance of thet aggravating
civmiicistances, the courts shall not impose a higher penalty than that
prescribed by law, in its maxinnun degree.
7. Within the limits of each degree, the courts shall determine the
Ixtent of the penalty, in view of the number and importance of the
airavating and extenuating circumstances, and the greater or lesser
extent of the evil produced by the crime.
.A rr. S2. In cases in which the penalty prescribed by law is not com-
po'ed of three degrees, the courts shall apply the rules contained in
lthe foregoing article, dividing into three equal periods the term
eiimlhraced in the penalty imposed, forming one degree of each of the
three periods.
A.\l. 83. In the application of fines the courts may got to the full
limit within which the law permits their imposition, taking into con-
sileration, in order to determine their amount in each case, not only the
a.:'ratvating and extenuating circumstances of the deed, but chiefly the
wealth or means of the culprit.
A.tT. 84. If all the conditions necessary to exempt front liability in
thi case of number 8 of article 8 should not be attendant, the provisions
of article 566 shall he observed.
ART. 85. Upon a person under 15 but over 9 years of age, who is not
exempted from liability by reason of the court having declared that he
acted with the exercise of judgment, a discretionary penalty shall be
imposed, but always lower by two degrees at least than that prescribed
Ihy law for the crime which he committed.
I'pon a person over 15 and under 18 years of age the penalty shall
always be imposed in the proper degree, which is next lower than that
prescribed by law.
A RT. 86. A penalty lower by one or two degrees than that prescribed
by law shall be imposed, if the deed were not wholly excusable by







2. If neither extenuating nor aggravating circumstances should
ime attended the deed the lesser penalty shall be applied.
:1. If an extenuating circumstance and no aggravating one should
i:ie at tended the deed the lesser penalty shall be applied.
4. If both aggravating and extenuating circumstances should have
ittendied the deed the courts shall make reasonable allowance therefore,
i\ itl regard to their number or importance, in applying the penalty
inl :il.ordance with the foregoing rules, according to the result pro-
tdur.cd yI, such allowance.
A wr. 80. In cases in which the penalty prescribed by law contains
three degrees, whether it be a singe divisible penalty or composed of
Sthre.r different penalties, each of which forms a degree, in accordance
| ith I he provisions of articles 95 and 9(, the courts shall observe for
It Iil publication of the penalty the following rules, according as to
w wili.teri there are or not extenuating or aggravating circumstances:
I. If neither aggravating nor extenuating circumstances should
Sh:lin attended the deed they shall impose the penalty prescribed by
SlaI in its medium degree.
2. If only an extenuating circumstance should have attended the
Sdi.,d Ihey shall impose the penalty in its minimum degree.
I:. If only an aggravating circumstance should have attended the
i ded they shall impose the penalty in its maximum degree.
4. If both extenuating and aggravating circumstances should have
;ttLend-ed the deed they shall make a reasonable allowance in the desig-
w nitioi of the penalty by counterbalancing the weight of the one and
Stlii- other.
.. If two or more very marked extenuating circumstances and no
S;igi':n;Lting circumstance should have attended the act the court shall
iiiipol,. the penalty next lower to that prescribed by the law, in the
d 1. erei thatit considers proper, according to the number and importance
O f s--li circumstances.
I;. Whatever may be the number and importance of the aggravating
iruinui.,tances, the courts shall not impose a higher penalty than that
Sprri-ribed by law in its maximum degree.
7. Within the limits of each degree the courts shall determine the
Sexten't of the penalty, in view of the number and importance of the
Saggrarating and extenuating circumstances and the greater or lesser
I extent of the evil produced by the crime.
ART. 81. In those cases in which the penalty prescribed by law is
not composed of three degrees the courts shall apply the rules con-
tained in the foregoing article, dividing into three equal periods the
term embraced in the penalty imposed, forming one degree of each of
the three periods.
A RT. 82. In the application of fines the courts may go to the full
limit within which the law permits their imposition, taking into con-
sideration, in order to determine their amount in each case, not only







reason of the absence of soni of the conditions required to exempt
from criminal liability, in the respective cases mentioned in article s.
provided that the greater number thereof he attendant, the penalty
being imposed in the degree the courts kmay consider proper, takin.l
into consideration the nunilm'r and importance of the requisites abscint
or present.
This provision is understood without prejudice to that contained in
article 84.

S CA:TION II1. I'r ,S.i,.on i l c.niu n fn /0 i,' tn,,' pr'('di' gj section,.

A'o. r. S7. on a person guilty of two or more crimes or misde.
meainors, there shall be imposed all the penalties corresponding to ilt(
various violations of,' tie law, to be simultaneously served, if possible,
in view of the nature and effects of such penalties.
Aitr. ss. If all or any of the penalties corresponding to the various
violations of the law could not be simultaneously served by the per-
son condemned, the following rules shall be, observed with reg:rtl
thereto:
1. In the imposition of the penalties the order of their respective
severity shall be observed for their successive fultillnment, so far :s
possible, by lthe personI condemned Ib reason of having obtained par-
don fo r, or served out, Ihose first imposed.
For tlhe observance of the provisions of the preceding paragraph,
the respective severity of the penalties shall be determined in accord
ance with the following scale: Death; ctulena ei, ipedtu; cd<;na tetu-
pirIIl; /rli'n ;/hIrptuaI; rclnt. a /e,.poral; ,resid i'o mayor,'; irn'is
1'1yor: i're.S;dio u orr iece oilm ; prison correcc;ona,; ua'rr 'to lty'or; re/,-
(/niyi<('><'rjtl; ri'lcyi/ain. tIIitmj)ordal; perpetual expulsion; temporary
expulsion; cinuli inhii.eo; banishlient.
2. Notwitlhstantinig tlihe provisions contained in the preceding rule,
the m aximuml duration of the sentence of tihe culprit shall not exceed
three times the time which the most severe of the penalties that l
may have incurred should have imposed on him; and there shall not Ice
imposed on him other proper penalties, when those already imposed
shall have covered the maximum of the aforementioned term.
In no case shall such miaximnuin term exceed forty years.
For the application of the provisions of this rule, the duration of 1a
perpetual penalty shall be reckoned at thirty years.
Aiwr. S9t. The provisions of the foregoing article are not applicable
to a case in which a single act should constitute two or more crinies,
or if one of them should be a necessary means for committing the
others.
In such cases, only the penalty corresponding to the more serious
crime shall lie imposed in its maximum degree.







the aggravating and extenuating circumstances of the act. but chiefly
the wealth or means of the culprit.
ART. 83. If all the conditions necessary to exempt from liability in
the case of No. 9 of article 8 should not be attendant, the provisions of
article 590 shall be observed.
ART. 84. Upon a person under 15 but over 9 years of age, who is
not exempt from liability by reason of the court having declared
that he acted with the exercise of judgment, a discretionary penalty
shall be imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.
Upon a person over 15 and under 18 years of age the penalty shall
always be imposed in the proper degree which is next lower than that
prescribed by law.
ART. 85. A penalty lower by one or two degrees than that prescribed
by law shall be imposed if the deed were not wholly excusable by
reason of the lack of some of the conditions required to exempt from
criminal liability in the respective cases mentioned in article 8, pro-
vided that the greater number thereof be attendant, the penalty being
imposed in the degree the courts may consider proper, taking into
consideration the number and importance of the requisites absent or
present.
This provision is understood without prejudice to that contained in
article S3.

SECTION II.-PrPo1roni CO'iwnon to tf f/'o c, pr(i/// Neetlonw .
ART. Sti. Upon a person guilty of two or more crimes or mis-
demeanors shall be imposed all the penalties corresponding to tile
various violations of the law, to be simultaneously served if possible,
in view of the nature and effects of such penalties.
ART. 87. If all or any of the penalties corresponding to the various
violations of the law could not be simultaneously served by the person
condemned, the following rules shall be observed with regard thereto:
1. In the imposition of the penalties, the order of their respective
severity shall be observed for their successive fulfillment, so far as
possible, by the person condemned by reason of having obtained
pardon for, or served out, those tirst imposed.
For the observance of the provisions of the preceding paragraph,
the respective severity of the penalties shall be determined in accord
ance with the following scale: Death, cadena pe rpctu, cadena tin-
poral, recltusidvn ,c'rpct u, 'aeltiinlw tenjqW'al, prcnsidi mayor, pr'fik';n
mayor, presidio coi'rvtciotl, pyrisio correctional, tr' rexto 'mayor, r'lIe-
gacidn perpetual, relegac'idn temporal, perpetual expulsion, temporary
expulsion, copfinamiento, banishment.
2. Notwithstanding the provisions contained in the preceding rule,
the maximum duration of the sentence of the culprit shall not exceed
three times the time which the most severe of the penalties that he






.A wr. 10. Whenever the courts should impose a penalty that includes
other punishments, by provisions of law, according to the prescrip-
tions of Section III of the preceding chapter, they shall also specific-
ally sentence the culprit to the said penalties.
A.wr. 91. In cases for which the law prescribes a penalty lower or
hliilher by one or two degrees than another given penalty, the rules
piescribed in articles 75 and 7T( shall be observed in graduating it.
The lower or higher penalties shall he taken from the graduated
s:ile in which the given penalty may be included.
If 'a penalty higher than that of tarnr, to mayor is to be applied it
ih:ill he taken from the scale including the penalties prescribed for
tllh ~raver crimes of the same character as that punished with arrwt'/o

Tlie courts shall bear in mind, in making application of a lower or
lhi'her penalty, the following graduated scales:
./al o N,. 1. -(1) Death, (2) cadenat pcrpe'tta (:) c#win te Imporil,
(4) /pi',ilh/o Ut(a/or, (5) prtitedl corr'wccinwal, (() arre',to.
Scae N,. .--(1) Death, (2) rcclu.itni pjcrpelua, (3) rcru.i'i; tnlpol,,l,
(-I) irisio~ mayor, (5) priihn. corredcnoal, ((i) arrextio.
Scale No. J.-(t) Relega/cin jl'pc/,hta, (2) relc(atci'i, l'mi/po/rid, (3)
Otinandmiento, (4) banishment, (5) public censure, (6;) caution.
s.'a/L' No. -. -(1) Perpetual expulsion, (2) temporary expulsion,
(:) hianie'nto, (4) banishment, (5) public censure, (6) caution.
S'otr No. 5. -(1) Perpetual absolute disqualification, (2) temporary
:ilsolutte disqualification, (3) suspension from public office, right of
multlrage, active and passive, profession or trade.
,ile No. 6.-(1) Perpetual special disqualification, (2) temporary
sp))cial disqualification, or (3) suspension from public office, right of
sulffrage, active and passive, profession or trade.
A:\'r. 2. The fine shall be considered as the last penalty in every
kni, of the preceding graduated scales.
If it should be imposed in this character, the subsidiary liability
corresponding thereto by reason of the insolvency of tlhe culprit, estab-
lished in article 50, can not exceed the duration of the term pertaining
to the penalty immediately higher in the respective scale.
Airr. 93. In cases in which the law prescribes a penalty higher than
another determined penalty, without specifically designating what it
iiima be, if there should be no higher penalty in the respective scale,
Or if the former should he that of death, the following shall be con-
silered as penalties immediately higher:
1. If the penalty determined were that of c<(leMia or reclw-bn pe'rpetWia,
or perpetual absolute, or special disqualification, the same penalties,
with the proviso that the condemned person shall not enjoy the benefit
established in article 28 of this code until forty years have elapsed.







may have incurred should have imposed on him; and there shall not
be imposed on him other proper penalties when those already imposed
shall have covered the maximum of the aforementioned term.
In no ease shall such maximum term exceed forty years.
For the application of the provisions of this rule, the duration of a
perpetual penalty shall be reckoned at thirty years.
ART. 88. The provisions of the foregoing article are not applicable
to a case in which a single act should constitute two or more crimes,
or if one of them should be a necessary means for committing the
others.
In such cases, only the penalty corresponding to the more serious
crime shall be imposed in its maximum degree.
Amr. S). Whenever the courts should impose a penalty that includes
other punishluents by provision of law, according to the prescriptions
of Section III of the preceding chapter, they shall also specifically
sentence the culprit to the said penalties.
ART. 90. In cases for which the law prescribes a penalty lower or
higher by one or two degrees than another given penalty, the rules
prescribed in articles 74 and 75 shall be observed in graduating it.
The lower or higher penalty shall be taken from the graduated scale
in which the given penalty may be included.
If a penalty higher than that of arrest mayor is to be applied, it shall
be taken from the scale including the penalties prescribed for the graver
crimes of the same character as that punished with arresto iayor.
The courts shall bear in mind, in making application of a lower or
higher penalty, the following graduated scales:
Scale NXo. 1.-(1) Death, (2) cad(na pprjetua, (3) cadea, temporal,
(4) presiti;, mayr,, (5) presid;o correccional, (0) trrecsto.
Scale No. 2.-(1) Ieath, (2) reclusidn perpetua, (3) recluwidn tern-
p,'oal, (4) pri'A;,n mnayr', (5) prisidn correccimzal, (6) arrest.
Scale No. 3.-(1) Relegaci6on peretua, (2) relegacidn temporal, (3)
c(!finam into, (4) banishment, (5) public censure, (6) caution.
Scale No. 4.-(1) Perpetual expulsion, (2) temporary expulsion, (3)
colnf unrm i nto, (4) banishment, (5) public censure, (6) caution.
Scale No. 5.-(1) Perpetual absolute disqualification, (2) temporary
absolute disqualification, (3) suspension from public office, right of
suffrage, active and passive, profession or trade.
Scale No. 6.-(1) Perpetual special disqualification, (2) temporary
special disqualification, or (3) suspension from public office, right of
suffrage, active and passive, profession and trade.
ART. 91. The fine shall be considered as the last penalty in every
one of the preceding graduated scales.
If it should be imposed in this character, the subsidiary liability cor-
responding thereto by reason of the insolvency of the culprit, estab-
lished in article 49, can not exceed the duration of the term pertaining
to the penalty immediately higher in the respective scale.






(30

9'. It' it. were' that oif p'/C/V rpfljhtjo/w, hei penailaty of '(/1X;1


3.i If it wNvere that of per('petuaIl expullsionI, thle' next, higher pw:d11Y
shall be thmt, of l/I(Ufjcy/l.
A irr. 94. Whenever it miav bie necessary to incierease or reduce tIe,
1)('llatYv itf til(' IiVe (lin of. 1011'o (le egrePS, it shall I he increased15P(I or reduicei
respec'tivelY for uach'Ii de'rlree liY the fouii rth part of the maxIllmuiii I
.1nolli(llt pl-vcscribed 1) v h I:w, andlt in orderlr to reducec~c it the reverrse opera-:


TIhe s-ame rub'ls sit-lII Iv obslerved with regrarli to fin es that doft
consi1st of :i fixed aituorit. biut of a piropoirtionial amiiounit.
A iri. 9;k. WIhen'll woll 1Q1 shiIall commI(1t, ('fill rims which this cIide puinisliv
wit It the1p-nalties eof lt cwhvw 1), 1-petowl or c / iupoit/. e aor with tllhN',
oIfj' ,' (lU i/ .'ti (i p-r1/)'X(i', c'fl-'w'C( (dfiit, therel1 shlall be Is espectki'd el
impo)1 sed iqioii thleilu those of cw'nptjcu i'/ l.Oi perprnw pie


Airr. 941). Ili clivisib~le penal:ltivs the Ieg'a~l terin of, theiril duratfioll is
iiiI''1 (ieitol wd (ist riliite( ii~oitll rl1''ijarts. formiing the three degrees
that, i.,, the( Ininiilllilln), Inedium, and maxinitmlllllll-in the mannelr showitI
ti file foliowinilg:

7I'(l/i *s/,,i,,', I/ic f~itrolion oq di/risldo,I prajiii0/ sii m Iid Me l /im -w ichi u'eah of( their. (h'I'


'i-,111461uiuui, rc 'Iul,,,
ii6, vxuui.ll s ioiI;
I'ru( Sind; il jurisi6uu



lio~ll.


TI i, iuinil it yii iIs rnltduinuTim illerIlucdj ill 'i N
I i in11t1111N. ill its11lll ill10ril t


From,~ 12ye~itrsuuiui Fromuu 12vyuursuiid From Iu Ii p~i,t' 8
I dlv to 20 11 vtrs, I a I bly oi, I year, iiku'llti al'Iw I
uitan il l,' I lu ii I s. 'tuev ii 17 Yeoirs
iiu~I Ilu~lili Its.~
Fr. i citt rJt tir ti rtutt 8 vtitcs 1111(i I
o 1v ''12 yenuis. I 'iutv Iy o siuurs. diill 10 years.


111-,.h ~ ~ ~ ~ ~ ~ uiiti hiadpiius.m ots Frm 6 m tli
I l ... I mid Iii da ito' ; until I iliiv to 21

Vii y. ii rs. al
nild I 411V 14 () :1

A slro i, i,,ui,/iu, From I limoot111 From I t' 2
toill I disv t'i 6 1iu'tlits.
1 Illollf Its. I 1
Arrshm, .. ...... F om lo 0 d ys I rom I t Il diys


l'oill 2 yenlrs I(
inir illlu l ut IIl (I
it I It yle rs tIt l
2 ti m tilis.
Fr.m i I2 ours mul I
(liy to I years.
Iromi 2 nithsainl
I illy toI mioinths.
Frnt I i) 21)1 lays .


Timen inchlni,
its ttlltxil!u1uis1
flegrev,

From 17 yemiu I
uniint(lus iiui.
dIlly lto 201 ycari.
From 10 1(1 tr, :yt
I Olay to 12 ) 'i.



Pro~m .1 1-cwlr
'olityliii yes'
day tol~ 1; yel 1"

Fromt AI yi'ursauiu I

itlill I titily i I
andm 1 'tli


A aw. 9!. In cases in which the law prescribes a penalty composil
of three distinct penalties, each olne shall form a degree; the light-st
of themii the lininim, the next the Illedium, and the most severe the
illLiiiIulli deglre.
Whenever the penalty prescribed does not have one of the forms
specially provided for in this book, the degrees shall be distributed hv
applying by analogy the rules fixed.








(O.!-riT:I V.

EXECUTION OF PENALTIES AND THEIR FUl'.'1FII.MENT.

SETInoN 1. 6, Ora v.
A\wr. IS. No penalty shall he executed unless by virtue of tinal

A.\i. 99. Nor shall any penalty he executed in any other form than
tl:1 prescribed by law. or with any other circumstances or incidents
thl:1 those mentioned in its text.
Besides the provisions of the law. the prescriptions of tihe special
nrei'lltions for the lmnatgemlent of the institutions in which tihe pen-
ilties are to le undergone shall also he observed with regard to the
chumrcter, time, and other circuiiistances of tihe libors, the relations
of' lhe convicts among themselves and with other persons, thei relief
thell may receive, and their diet.
The regulations shall provide for the separation of tihe sexes in dif-
f'rent institutions, or at least in different departments.
A wr. 100. If a delinquent should become insane or an imbecile after
li1l: sentence should have been pronounced upon him, the execution
tlh'reof shall be suspended only witl regard to llte personal ,penalty,
tII, provisions of the second and third paragraphs of f iniber I of article
s liin observed in the respective cases.
At any time when the delinquent shall recover his reason he shall
complete his sentence, unless the penalty should have prescribed, in
nwirdance with the provisions of this code.
The proper provisions of this section shall also be observed if the
ill':lnity' or imbecility should occur while the conviict, is undergoing
hii sentence.
SECTION II. 1 i/'ncf.ip'l h ,,idf !n.

A wr. 101. The penalty of death shall Ibe executed by tihe garrote upon
:. se; I'old.
The execution shall take place, twenty-four hours after tihe n ot ifiLa-
tion of sentence, by day, in public a in the place generally set aside,
for lthe purpose, or in the one the court may determined, when there
Irt special reasons therefore.
This penalty shall not be carried out upon religious or national
holidays.
Awr. 102. Until there shall be a place provided in the jails for the
public execution of the death penalty, tlhe person sentenced thereto,
who shall be dressed in a black cassock, shall be taken to the scaffold
in t111 carriage provided for that purpose, or in a cart, in the absence
of the former.





32

A r'. I -3. The corpse of the person executed shall be exposed 11
the scaffold f fo four hours, after which it shall he buried; being (l'Jiv.
ered to his relatives or friends for this purpose if they should requt.,>
it. TheI funeral must be held without, display.
ArT. 10(4. The penalty of death shall not hIe inflicted upon a w<)(Oilm:1
while slhe is plregniant, nor shall she ite notified of the sentence thi;
has been imposed uipo her until forty days after her delivery.
Ain. 1.5'. The penalties of c'ald n prpch/ r111iI and L,'iwi ena iM,,
shall be served in any of the, penal institutions of Cavite, Zam boan;tl
or the Mariana islands.
ART. 1t0;. Those sentenced to ciad ina '(Injnpor 'l or i /,t i p1y ,/i.,
shall labor for the benefit of the State; they shall always carry a chliti
at the ankle, haingini from the waist; they shall be employed iln ha
and painful labor, and shall receive no assistance whatsoever f'rI
without, the institutions.
Nevertheless, if the court, taking into consideration the age. lihe:lli
condition, or any other personal circumIIiis ce of the deliimiuent, sh lul
believe that hle should undergo his penalty in labors within the inslilii
tion, it shall so declare in the sentence.
A ir. 107. Those sentenced to (rwievi I/tmpori'l or cwr/ldna p>r]" 1
can niot be assigned to private works or to public works that are I'M
cuted by a business enterprise, or by contracts with the (Ioverniimii'i
Al'r. 108. A person condemned to cdlrn fin,,imidpal or cdrn'a, ',,
p, Ila. who should havte attained the age of 60 years before the pas iil
of sentence, shall serve his sentence at a prison for serving the pen:lli
of pr,','id( mayor.
If lihe should attain said age while undergoing his sentence, lie hlia
he transl'erred to the latter penal institution, in which he shall reInil
for the time prescribed in the sentence.
ART. I)l'.. IR .'xin p/ii'rt, and rt /,.yi( in t, m npu'al shall be se'vn
ill iinsittitions situated within or without the territory of the hI'liil
pine Islands.
Those condemned thereto shall be subject to forced labor for tl
heInefit of the Stalte within the precincts of the institution.
Al'r. I 10. The penalties of ril,'',acin rpI'It/a and r(yi/;acin;
punid shall be served in the Peninsula or in the Philippine islands:
the places provided therefore by the governmentt. (See change, page I12
Those undergioini" this sentence may devote themselves freely, inil
the surveillance of the authorities, to their profession or trade with
the radius to which the limits of the penal institution extend.
Air. 111. A person sentenced to expulsion shall be expelled fro
Spanish territory forever, if the sentence were perpetual, and for tl
term of the sentence if temporary.
A in. 112. The penalties of pr,'!sid/o mI/ao,' and pre'sidio f',rreccti,,
and of pr'ivuii mayor' and pri!i',n c;m'rrecciwnd shall be served in tl







ART. 101. Until there shall be a place provided in the jails for the
public execution of the death penalty, the person sentenced thereto,
who shall be dressed in a black cassock, shall be taken to the scaffold
in the carriage provided for that purpose, or in a cart in the absence
of the former.
ART. 102. The corpse of the person executed shall be exposed on
the scaffold for four hours, after which it shall be buried; being
delivered to his relatives or friends for this purpose if they should
solicit it. The funeral must be held without display.
ART. 103. The penalty of death shall not he inflicted upon a woman
while she is pregnant; nor shall she be notified of the sentence that
has been imposed upon her until forty days after her delivery.
ART. 104. The penalties of cadmei p)cip,'f tt and ca(d(/na t'imporil
shall be served in any of the places provided for such purpose, to the
exclusion of the islands of Cuba and Porto Rico.
ART. 105. Those sentenced to caulnm temporal or cadmtn p ip' pfti,
shall labor for the benefit of the State; they shall always carry a
chain at the ankle, hanging from the waist; they shall be employed in
hard and painful labor and shall receive no assistance whatsoever
from without the institutions.
Nevertheless, if the court, taking into consideration the age, health.
condition, or any other personal circumstance of the delinquent, should
believe that he should undergo his penalty in labors within the insti-
tution, it shall so declare in the sentence.
AnT. 106. Those sentenced to caldna tempq)oral or cadven/,l /,t
can not be assigned to private works or to public works that are exe-
cuted by business enterprise or by contracts with the Government.
ART. 107. A person condemned to cadena tcnlp)(ral or cnlena jPer-
pcettit who should have attained the age of 60 years before the passing
of sentence, shall serve his sentence at a prison for serving the penalty
of pr',.uid;o mi,,nyr.
If he should attain said age while undergoing his sentence, he shall
be transferred to the latter penal institution, in which he shall remain
for the time prescribed in the sentence.
ART. 108. Reclusio' pcle'rttua and rcclusi4n temiljoral shall be served
in institutions within or without the islands of Cuba and Porto Rico.
Those condemned thereto shall be subject to forced labor for the
benefit of the State within the precincts of the institution.
ART. 109. The penalties of releyaciu n purptetua and rrel4gacidn tem-
portta shall be served without the islands of Cuba and Porto Rico, at
the places provided therefore by the Government.
Those undergoing this sentence may devote themselves freely, under
the surveillance of the authorities, to their profession or trade within
the radius to which the limits of the penal institution extend.







institutions already provided therefore. or which may hereafter he pro-
\itlcd in the Philippine Islands.
Those sentenced to pnr idUio shall he subject to forced labor within
the institution in which they are serving their sentence.
Those condemned to pin'/r;'in shall not go outside of tihe institution in
l which they are undergoing their punishment during the term of their
.'nltence. and shall engage for their own hneltit ill such works as they
In!:t choose, provided they Ihe compatible with tihe discipline estah-
li-lied by tlle regulations. They shall 1be. nevertheless. suiiject to t he
h:llors of tih institution llntil they shall have mett their liabilities men-
limed iln niiiuhers I and 2 of article 113: those lavingl no tr:ld' or
Ikowiin and honest means of livelihood shall also be subject thereto.
Airr. 113. The product of their Inhol of those condemned to p/,r/.idio
h:liill he devoted
1. To meet the civil liabilities of the prisoners arising I' from heir
eilIIOS.
2. To indemnify the institution for the expenses they may occasion.
;. To provide them with sone advantage or saving's during their
ideention should they deserve it, and to create n reserve fund to be
vhelivered to them upon their discharge from tlie /,r,n/,Oi. or lo their
heirs should they die therein.
Alnr. 114. Those sentenced to ,i1ei/,nninii n/, shall bIe taken to a town
or district, situated at a distance of from 3t to ;0o> kilometers from
the place where they may have committed the crime, where they shall
riiain at complete liberty under the surveillance of t(lie authorities.
The courts, in designating the place where this penalty is to be served,
lihall take into consideration the trade, profession, or mneals of liveli-
lhood of the condemned person, in order that, he may .earn his living.
Those who by reason of their' age, health, and .,o'od conduct, should
he lit for military service, may, with their consent, be assigned thereto
Iy tlie ver \ nl enllll .
Those sentenced to hanishment shall Ie precluded from entering the
place or places designated in the sentence, or within the radius therein
desitnated, whiich shall include a distance of 25 kilometers at least.,
aid 25(O kilometers a t most, from the place designated.
Ail'. 115. The person sentenced to public. celnslure shall receive it ill
I-rsonl at a sitting of the court with open doors.
The person sentenced to private censure shall receive it, in person
:ii a sitting of the court, and in the presence of the secretary, court
clhrk, or attending witnesses, behind closed doors.
ART. 11l;. Ar'rwt, aI Wr' shall be served in tile public prison of the
-iat of the judicial district.
The provisions contained in the third paagrIaph of article 112 are
:Ipplicablle, in their respective cases, to those condemned to this penalty.
ATwr I 7. Arrv/o ,m-nor' shall be served at the court building of the
1570--3







ART. 110. A person sentenced to expulsion shall be expelled from
Spanish territory forever, if the sentence were perpetual, and for the
term of the sentence if temporary.
ART. Ill. The penalties of pre'cdio shall he served in the institu-
tions provided therefore, which are situated, those for prwe.idio nmay(r
within the islands of Cuba and Porto Rico and adjacent islands, and
for jprc'hid i cowrrcccinal within the islands of Cuba and Porto Rico
respectively.
Those sentenced to prweidio shall he subject to forced labor within
the institution in which they are serving their sentence.
ART. 112. The product of the labor of those condemned to presidio
shall 1be devoted:
1. To meet the civil liabilities of the prisoners arising from their
crilnes.
2. To indemnify the institution for the expenses they may occasion.
:,. To provide them with some advantage or savings during their
detention, should they deserve it, and to create a reserve fund, to be
delivered to them upon their discharge from the presidio, or to their
heirs should they die there.
ART. 113.' The penalties of prison shall be served at the institu-
tions provided for this purpose, which will be situated, those for
prNisiin mayor within the islands of Cuba and Porto Rico and adjacent
islands, and those for prisi4n correccio.ud within the territorial juris-
diction of the audiencia (court) which imposed the sentence.
Those condemned to prrisi6n shall not go outside of the institution
in which they are undergoing their punishment, during the term of
their sentence, and shall engage, for their own benefit, in such works
as they may choose, provided they be compatible with the discipline
established by the regulations. They shall be, nevertheless, subject to
the labors of the institution until they shall have met their liabilities
mentioned in Nos. I and 2 of the preceding article. Those having no
trade or known and honest means of livelihood shall be also subject
thereto.
ART. 114. Those sentenced to colnifi,,rl',' ,,,, shall be taken to a town
or district situated in the adjacent islands, where tl 'y shall remain at
complete liberty, under the surveillance of the authorities.
The courts, in designating the place where this penalty is to be
served, shall take into consideration the trade, profession, or means of
livelihood of the condemned person, in order that he may earn his
living.
Those who, by reason of their age, health, and good conduct, should
be fit for military service, may be, with their consent, assigned thereto
by the Government.
'See General Order No. 152, Headquarters Department of Porto Rico, September
29, 1899, p. 147.
1571--3







town, or other public buildings, or in the house of the culprit himself,
if the sentence shall so declare, without his being allowed to leave the
same during the entire period of the sentence.

SECTION III. -A-cc.or/ pnalt'h.

Airr. 1 IS. A person sentenced to degradation shall, at a public sit-
ting of the court, be stripped lby a bailiff of his uniform, robes of
office, insignia, and decorations.
The stripping off shall be carried out at the command of the presid-
ing judge. who shall order it in the following manner: Strip (//,
nne f fl/tu ,;'Olwn sx.ifr'ed) of his insignia and decorations, to wear
which the law declares him unworthy. The law degrades him because
he has degraded himself."

TITLE IV.
CIVIL LIABILITY.

A n'r. I 1!. The civil li ability, established in Chapter II, Title II, of'
this book, includes: (1) restitution; (2) reparation for the damage
caused: (3) indeminification for losses.
ART. 120. The restitution of the thing itself must be made, if pos-
sible, with payment for deteriorations or diminution of value, to be
appraised by the court.
Restitution shall be made, even though the thing may be in the pos-
session of a third person, who had acquired it in a legal manner.
reserving, however, his action against the proper person.
This provision is not applicable to a case in which the third person
has acquired the thing in the manner and with the requisites established
by law to make it unrecoverable.
Ar'. 121. The reparation shall be made by the appraisal of the
amount of damage by the court, taking into consideration the value of
the thing, whenever possible, and the value as a keepsake to the party
aggrieved.
AuT. 122. Indemnification for losses shall include not only those
which may have been caused the aggrieved party, but also those that
may have been inflicted upon his family or upon a third person by
reason of the crime.
The courts shall regulate the amount of such indemnification upon
the same terms as prescribed for the reparation of damage in the fore-
going article.
ART. 123. The obligation to make restitution, to repair the damages
or indemnify the losses, is transmitted to the heirs of the person liable.
The action to demand restitution, reparation, or indemnification is
also transmitted to the heirs of the person injured.
ART. 124. If there are two or more persons civilly liable for a crime







Those sentenced to banishment shall be precluded from entering the
place or places designated in the sentence or within the radius therein
designated, which shall include a distance of 25 kilometers at least and
250 kilometers at most from the place designated.
ART. 115. The person sentenced to public censure shall receive it in
person at a sitting of the court, with open doors.
The person sentenced to private (ensure shall receive it in person
at a sitting of the court and in the presence of the secretary, behind
closed doors.
ART. 116. Arre&to mayor shall be served in the public. building pro-
vided for the purpose in the seats of judicial districts.
The provisions contained in the second paragraph of article 113 are
applicable in their respective cases to those condemned to this penalty.
ART. 117. Arresto niori,, shall be served at the town halls or other
public buildings, or in the house of the culprit himself, if the sentence
shall so declare, without his being allowed to leave the same during
the entire period of the sentence.
Apprentices, serfs (col/,on), and slaves shall suffer the penalty at
the house of their master, patron, or owner on the same terms as those
expressed in the preceding paragraph.

SECTION III.- -AcCOWIlfl/ j), lifti 8.

ART. 118. A person sentenced to degradation shall, at :a public sit
ting of the court, be stripped by a bailiff of hiis uniform, robes of
office, insignia, and decorations.
The stripping off shall be carried out at the conunand of the presid-
ing judge, who shall order it, in the following manner: "Strip (thJ
na, oif o rj .m snflt'nc tl) of his insignia and decorations, to wear
which the law declares him unworthy. The law degrades him because
he has degraded himself."

TITLE IV.
CIVIL LIABILITY.
ART. 119. The civil liability established in Chapter II, Title II, of
this book includes: (1) Restitution, (2) reparation for the dallage
caused, (3) indemnification for losses, (4) enforced manumission.
ART. 120. The restitution of the thing itself must be made, if pos-
sible, with payment for deteriorations or diminutions of value, to be
appraised by the court.
Restitution shall be made, even though the thing may be in the pos
session of a third person who had acquired it in a legal manner, reserv-
ing, however, his action against the proper person.
This provision is not applicable to a case in which the third person
has acquired the thing in the manner and with the requisites estab-
lished by law to make it unrecoverable.







or misdemeanor, the courts shall determine the share for which each
slall be liable.
ART. 125. Notwithstanding the provisions contained in the preceding
article, the principals, accomplices, and accessories, each within their
respective class, shall be jointly liable among themselves for their
liitres, and subsidiarily for those of the other persons liable.
The subsidiary liability shall be enforced, tirst, against the property
of the principals; next, against that of the accomplices, and finally,
:iaginst that of the accessories.
In cases in which the joint liability has been enforced, as well as the
.subsidiary liability, the right of action is reserved by the person who
lhas paid, against the others for the shares due from each.
ART. 126. Whosoever may have gratuitously shared in the proceeds
of a crime or misdemeanor is obliged to make indemnification, in so far
as lie may have participated therein.

TITLE V.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCES AND THOSE
WHO COMMIT A NEW CRIME WHILE SERVING SENTENCE.

CHAPTER I.

PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCES.

ART. 127. Persons serving a sentence who should violate it shall
suffer an aggravation of their punishments, subject to the provisions
of the following rules:
1. Those sentenced to c(*dna or 'rclitsio shall complete their
respective terms, and be made to suffer, during a space of time not
exceeding three years, the greatest deprivations authorized by the
regulations, and shall be assigned to the most painful tasks.
If their penalty should be perpetual, they shall not enjoy the bene-
lit granted by article 28 until after having served the aggravation of
penalty imposed upon them.
If the penalty should be temporary, and the aggravation of penalty
could not be served within the term fixed in their original sentence,
they shall continue subject thereto until the period of the aggravation
lIhs expired.
2. Those sentenced to Irelegacihn, or expulsion shall be condemned to
p.isio6n co'reccional for a period not to exceed three years, which
must be served, in case of those sentenced to relegancin, at the place
,f relegation if possible, and, otherwise, at the nearest possible place
thereto, and those sentenced to expulsion at one of the penal institu-
lions of the kingdom.
When these sentences have been served, they shall serve out their
original sentences.







A m\ -'I. 'Flhe reparation shall be made by the appraisal of the
mini-,inl of damage by the court, taking into consideration the value
,l e thinliii whenever possible, and the value as a keepsake to the
1i! t' :t ,_,'-''ri'.ved.
.\i:i. 1"-. Indemnification for losses shall include not only Ihose
\Ii,.I mI:i\ have been caused the aggrieved party, but also those that
n.l.\ h:i\'. Ieen inflicted upon his family or upon a third person by
*,.-,ni f,' lIhe crime.
ThI' iorti shall regulate the amount of such indemnification upon
hi. -:1n'' trnlsrs as prescribed for the reparation of damage in the
', r _.r ',,i ni article.
.A 1:. 12:3. The obligation to make restitution, to repair the danm-
i,,- I inleimnify the losses, is transmitted to the heirs of the person
i:1111 .
'I I.- ;: i nl to demand restitution, reparation, or indemnification is
il-. tr; I initted to the heirs of the person injured.
\A1:. 1-'4. If there are two or more persons civilly liable for a
rii.- 1r mii-denmanor, the courts shall determine the share for which
,i;. I -hall Io liable.
\ i:. I -'. Notwithstanding the provision contained in the preceding
,ill.. 1i. 11 principals, accomplices, and accessories, each within their
11 -I"1. ln lass, shall be held jointly liable among themselves for
hi. 1 i'.i-, and subsidiarily for those of the other persons liable.
'I h.i -iil--idiary liability shall be enforced, first against the property
'I Ii. l principals, next against that of the accomplices, and finally
_:iini- ll:t of the accessories.
In .:i-.-- in which the joint liability has been enforced as well as the
iiI,-ili-:iry liability, the right of action is reserved by the person who
h:i- i':iil. :uainst the others for the shares due from each.
A i:1. 12 ;. Whosoever may have gratuitously shared in the proceeds
rl' a rimle or misdemeanor is obliged to make indemnification in so
l';il :I- l. mlay have participated therein.

TITLE V.
PENALTIES INCUBBED BY THOSE WHO VIOLATE THEIR SENTENCE, AND BY
THOSE WHO COMMIT A NEW CRIME WHILE SERVING SENTENCE.
CHAPTER I.
PI.N 1i.ris INCURRED BY THOSE WHO VIOLATE THEIR SENTENCE.
A.\Ir. '17. Persons serving a sentence who should violate it, shall
Sulhl-r :m aggravation of their punishments, subject to the provisions
of th.- following rules:
1. Tho'e sentenced to ccdena or reclusidn shall complete their
r-pective terms, and be made to suffer, during a space of time not
exceeding three years, the greatest deprivations authorized by the
regulations, and shall be assigned to the most painful tasks.







3. Those sentenced to pri '.wni;, pr;sntin, or lrresft shall suffer an
increase of the said penalties not to exceed one-sixth of the time still
lacking for the completion of their original sentence.
4. Those sentenced to cOfini',tam.i,,r shall be condemned to prinsiiw
c(,rre'cc;mind not to exceed two years; and after this penalty has been
served they shall serve out that of con/'finitento.
5. Persons hanished shall be condemned to i'rrcsto m u/or, after
serving which they shall serve out their term of banishment.
t. Those disqualified from office, from the right of suffrage, profes-
sion or trade who shall obtain or exercise the same shall be condemned
to arresto mrnyor and a fine of from 250 to 2,500 pesetas, if their act
should not constitute a special crime.
7. 'Those suspended from office, the right of siitlrage, profession, or
trade who shall nevertheless practice it, shall suffer an increase for a
period equal to that of (he original sentence and a fine of from 150 to
1,500 pesetas.
Amr. 12s. The aggravations prescribed in the preceding article
with regard to those deprived of their liberty shall not be applied to
those who escape from penal institutions or the stations thereof with-
out violence, intimidation, or resistance; without breaking doors or
windows, walls, roofs or floors; without the use of picklocks or false
keys; without scaling walls, and without an understanding with other
convicts or attendants of the institution.
The violation of a sentence without one or more of these attendant
circumstanlces shall be punished with olne-fourth of the penalty respec-
tively prescribed in article 127.

('IIAITrEl II.

i'ENAIl';IENS IN(lCURRII) BY THOSE WHO, AFTILER AVING BEEN CONI)EMNEI)
IY FINAL SENENN(CE, COMMIT ANOTI1IE OFFENSE EITHER IBEFOiRE OR
WHILE. SERVING IT.

A ir. 129. Those who should conimit an \ crime or misdemeanor after
having been condemned by a final sentence, before beginning to serve
it or during the tiime of their punislhmient, shall lie punished in accord-
ance with the following rules:
I. The mIaxinmum degree of the penalty prescribed by law for the
new crime or misdemeanor shall be imposed upon them.
2. The courts shall observe, in so far as applicable to this case, the
provisions contained in article 87 an.d rule I of article 88 of this code.
3. The prisoners mentioned in this article shall be pardoned at the
age of seventy years if lthey should already have served out their
original sentences, or when they shall have completed their terms after
attaining said age, unless they should not he worthy of this act of grace
on account of their bad conduct or any other circumstances.







TITLE VI.
EXTINCTION OF PENAL LIABILITY.

ART. 130. Penal liability is extinguished:
1. By the death of the culprit always. in so far as personal penal-
ties are concerned ; and with regard to pecuniary liabilities only
\\ len no final sentence had been imposed at the time of his death.
2. By the completion of his term.
:. By amnesty. which completely extinguishes the penalty and all
its effects.
4. By pardon.
A person freed by a pardon can not reside in the place of residence
(of the offended party without his consent, during the time that the
-cnltence would have lasted had it not been for the pardon, said pardon
ra-'nted being otherwise void.
5. By condonation granted by the offended party, should the penalty
ha:ve been imposed for crimes in which public prosecution can not be
instituted.
i. By prescription of the crime.
7. By prescription of the penalty.
ART. 131. Crimes prescribe twenty years after their commission,
when the law fixes the penalty of death or of c'rii a I)pl/)e'l,,tu for the
crime.
After fifteen years, when the penalty fixed is any other corporal
penalty.
After ten years, when the penalties fixed are correctional.
The crimes of calumny and contumely are excepted, the first of
which shall prescribe after one year and the second after six months.
Misdemeanors prescribe two months after their commission.
When the penalty prescribed is a compound penalty, the higher
penalty shall be observed in the application of the rules contained in
the first, second, and third paragraphs of this article.
The term of the prescription shall commence to run from the day on
which the crime was committed, and if not known at the time, from
the day of its discovery and the beginning of the judicial proceedings
for investigation and punishment.
This prescription shall be interrupted from the commencement of
the proceedings against the culprit and the term of prescription shall
commence to run again from the time when such proceedings termi-
nate without the culprit being convicted, or the proceedings have
stopped, unless it be through the default of the culprit being tried.
ART. 132. The penalties imposed by final sentence prescribe: Those
of death and catdrn p -rlpetui, after twenty years; the remaining cor-
poral penalties after fifteen years; the correctional penalties after ten
years; light penalties after one year.








CHAITEIR II.

'1 \ 1 il INCURRED BY THOSE WHO COMMIT ANOTHER OFFENSE AFTER
Il.\\l\<. BEEN CONDEMNED BY FINAL SENTENCE, EITHER BEFORE OR
0 iiii.i: SERVING IT.

A 1.1. I .'. rThose who should commit any crillm or misdemeanor
l'.ir Il.\ ing been condemned y i final sentence before begininning to
-i\ it. ..r during the time of their punishment, shall 1e punished in
:1i1 rl.un, i with the following rules:
I. 'ITI maximum degree of the penalty prescribed by law for the
i.n i rimii or misdemeanor shall be imposed upon them.
'. T'Ili courts shall observe, in so far as applicable to this case, the
,Ir.\ ii :. The prisoners mentioned in this article shall be pardoned at the
.... I1' 7, years if they should already have served out their original
-. nin1 rv-, or when they shall have completed their terms after attain-
iniL -:ilI :age, unless they should not Ie worthy of this act of grace, on
:i.- '11111 t if their bad conduct or any other circumstances.

TITLE VI.
EXTINCTION OF PENAL LIABILITY.

S.\ I:;0. Penal liability is extinguished-
I. I\ t(lie death of the culprit always, in so far as personal penalties
:a,.. iic i.rned; and with regard to pecuniary liabilities, only when no
liii:ll -llhence had been imposed at the time. of his death.
I '. I1 lthe completion of his ternl.
I:. Illi\ :nesty which completely extinguishes the penalty and all its
r11-.-l ,.
I. 1, pardon.
A PIr-IIn freed by a pardon can not reside in the place of residence
if III.- blendedd party without his consent during the, time that the
1nlltl Iie would have lasted had it not been for the pardon, said pardon
r;inti.,td ling otherwise void.
',. 11I condonation granted by the offended party, should the penalty
\,- Iii -n imposed for crimes in which public prosecution can not be
hi-I ilul'd.
;. I y prescription of the crime.
-. l o? prescription of the penalty.
Aii. 1::1. Crimes prescribe twenty years after their commission,
I.-n tI. law fixes the penalty of death or of cadwna petrpetun for the
rinic.
After lifteen years, when the penalty fixed is any other corporal

After ten years, when the penalties fixed are correctional.





38

The term of this prescription will begin to run from the day on
which the culprit was personally notified of the final sentence, or
from the day of his breaking the sentence, if he had begun to serve it.
It. shall be interrupted, the time which has elapsed remaining with-
out effect, in case the culprit should present himself or be captured,
if he should have gone to a foreign country with which Spain Imay
not have celebrated extradition treaties, or if, although she should
have tlheni his crime should not be included in their provisions; or if
hle should commit a new crime before completing the term of the pre-
scription, without prejudice, however, to the latter beginning to run
allow.
Ai'r. 133:. Civil liability arising out of crimes or minidemeanors shall
be extinguished in the same manner as other obligations, in accord-
:ance with the rules of civil law.







The crimes of calumny and contumely are excepted, the first of
which shall prescribe after one year and the second after six months.
Misdemeanors prescribe two months after their commission.
When the penalty prescribed is a compound penalty, the higher pen-
alty shall be observed in the application of the rules contained in the
first, second, and third paragraphs of this article.
The term of the prescription shall commence to run from the day on
which the crime was committed; and if not known at the time, front
the day of its discovery and the beginning of the judicial proceeding.
for investigation "and punishment.
This prescription shall be interrupted from the commencement of
the proceedings against the culprit, and the term of prescription shall
connmence to run again from the time when such proceedings termi-
nate without the culprit being convicted or the proceedings have
stopped. unless it be through the default of the culprit being tried.
Ar. 132. The penalties imposed by final sentence prescribe:
Those of death and .atdlim pjir'n'/i after twenty years.
Th' remaiining corporal penalties after fifteen years.
The correctional penalties after ten years.
Light penalties after one year.
The term of this prescription will begin to run from the day on
which the culprit was personally notified of the final sentence; or from
the day of his breaking the sentence, if he had begun to serve it.
It shall be interrupted, the time which has elapsed remaining with-
out effect, in case the culprit should present himself or be captured, if
he should have gone to a foreign country with which Spain 1ay mno
have celebrated extradition treaties; or if', although she should hav'
them, his crime should not be included in their provisions; or if ihe
should commit a new crime before completing the term of the pro-
scription-without prejudice, however, to the latter beginning to rii
anew.
Hlle W.
ArT. 133. Civil liability arising out of crimes or misdemeanors shall
be extinguished in the same manner as other obligations in accordance
with the rules of civil law.













BOOK II.


CRIMES AND THEIR PENALTIES.
TITLE I.
CRIMES AGAINST THE EXTERNAL SECURITY OF THE STATE.
CHAPTER I.
THE CRIME OF TREASON.

ART. 134. A Spaniard who shall induce a foreign power to declare
war on Spain. or shall plot with it to the same end, shall be punished
with the penalty of cahuwt pwept cf to death, if war should actually
eI declared, and otherwise with the penalty of emte'n ternpo)ral in its
medium degree to that of cadtena pJ)rpetua.
ART. 135. The following shall be punished with the penalty of cadmien
p/,, i',ta to death:
1. A Spaniard who shall facilitate the enemy's entrance into the
Kingdom, the capture of a fortified place, military post, national
vessel, or stores of military or food supplies.
2. A Spaniard who shall seduce Spanish troops, or troops in the
service of Spain, to go over to the enemy's ranks, or desert their flag
while in the field.
3. A Spaniard who shall recruit people in Spain to make war upon
the country under the flag of a hostile power. Frustrated crimes of
the character specified in the preceding numbers shall be punished
as though consummated, and attempts shall be punished with the pen-
alty next lower by one degree. (See addition of No. 4, page 125.)
ART. 136. The following shall be punished with the penalty of
(Wde'na tempq)al in its maximum degree to death:
1. A Spaniard who shall take up arms against his country under
hostile flags.
2. A Spaniard who shall recruit people in Spain for the service of
a hostile power, in case such recruits were not to take a direct part in
the war against Spain.
3. A Spaniard who shall furnish troops of a hostile power with
money, arms, transports, articles or munitions of war, food, or other
means, direct and effectual, for carrying on hostilities against Spain,
or who shall favor the progress of the hostile arms in a manner not
specified in the preceding article.
39







4. A Spaniard who shall furnish the enemy with topographic:l
maps, or plans of fortitications, documents, or information, which shall
directly lead to the same end of committing hostilities on Spain, or
favoring the progress of the hostile arms.
5. A Spaniard who, in time of war, shall prevent the national troops
from receiving the assistance referred to in number 3-, or the data and
information referred to in number 4. (See addition of No. 6, page 125.)
Aw'r. 137. Conspiracy to commit any of the crimes mentioned in
the three preceding articles shall he punished with the penalty of
)pr uid'o imly/r, and the proposition to commit the said crimes with
that of pIr xid o cIrrrcCi,'/i l.
ArT. 13S. A foreigner, residing in Spanish territory, who shall
commit any of the crimes specitied in the preceding articles, shall Ib
punished witl the penalty next lower than that tixed therein, reser\-
ing thle provisions of treaties or international law relating to diplomatic
ollicials.
ArT. 1;3). Those who shall commit the crimes specified in the preced-
ing articles against a power allied to Spain, in the case of said power
being ill the flield against the common enemy, shall be punished witli
the penalties lower by one degree than those respectively prescribed.
AKrT. 140. The ministers of the Crown shall incur the penalty of
c'f/nta j, rp ,fita to death, who. in violation of article 74 of the Con-
stitution, shall authorize a decree
1. Alienating, ceding, or exchanging any part of the Spanish
territory.
2. Authorizing thlie entrance of foreign troops into the Kingdom.
;. Ratifying treaties of offensive alliance which may have brought
about w:ar between Spain and another power.
A ir. 141. The persons mentioned in the foregoing article shall be
punished with tlihe penalty of c(iad(a tcmpo'rl in its medium degree
to ra(/i/ p1 ip r/taa, who, in violation of article 74 of the Constitution.
slhall authorize a decree -
1. Ratifying treaties of otlensive alliance which may not have
brought about war between Spain and another power.
2. Ratifying treaties in which the stipulation is made to give sub-
sidies to a foreign power.


CR('NES THAT ENDANGER TIIE PEACE OR INDEPENDENCE OF THE STATE.

AmT. 142. The ecclesiastical minister who, in the performance of hiis
office, shall publish or enforce bulls, briefs, or dispatches from tih
Holy See, or other provisions or declarations that attack the peace or
independence of the State, or that oppose the observance of its laws.
or encourage their nonobservance. shall incur the penalty of tempo-
rary expulsion.






4. A Spaniard who shall furnish the enemy with topographical maps,
or plansof fortifications, documents, or information which shall directly
lead to the same end of committing hostilities on Spain or favoring
the progress of the hostile arms.
5. A Spaniard who in time of war shall prevent the national troops
from receiving the assistance referred to in No. 3 or the data and
information referred to in No. 4.
ART. 137. Conspiracy to commit any of the crimes mentioned in the
three preceding articles shall be punished with the penalty of pj,,w.wid/i
nat/rw, and the proposition to commit the said crimes with that of preI-
s;dio correcciond.
ART. 138. A foreigner residing in Spanish territory who shall com-
mit any of the crimes specified in the )receding article shall be pun-
ished with the penalty next lower than that fixed therein, reserving
the provisions of treaties or international law relating to diplomatic
officials.
ART. 139. Those who shall commit the crimes specified in the pre-
ceding articles against a power allied to Spain, in the case of said power
being in the field against the common enemy, shall lie punished with
the penalties lower by one degree than those respectively prescribed.
ART. 140. The ministers of the Crown shall incur the penalty of
cadi rti pcp'ttet to death who, in violation of article 55 of the consti
tution, shall authorize a decree to any of the following ends:
1. Alienating, ceding, or exchanging any part of the Spanish terri-
tory.
2. Authorizing the entrance of foreign troops into the Kingdom.
3. Ratifying treaties of offensive alliance, which may have brought
about war between Spain and another power.
Art. 141. The persons mentioned in the foregoing article shall be
punished with the penalty of cadenza f'mporal in its medium degree
to cwl tlr py,,,rt1i, who, in violation of article 55 of the constitution,
shall authorize a decree:
1. Ratifying treaties of offensive alliance which may not have
brought about war between Spain and another power.
2. Ratifying treaties in which the stipulation is made to give sub-
sidies to a foreign power.
CAlA'rEi II.
CRIMES THAT ENI)ANGER THE PEAC E OR INDEPENDENCE OF TIE STATE.
ART. 142. The ecclesiastical minister who, in the performance of
his office, shall publish or enforce bulls, briefs, or dispatches from
the Holy See, or other provisions or declarations that attack the peace
or independence of the State, or that oppose the observance of its laws,
or encourage their nonobservance, shall incur the penalty of temporary
expulsion.







Any layman conniuitting such acts shall incur the penalty of prisid
: /',O ((al in its minimnun and medium degrees, and a tine of from
;-;, to 6.250 pesetas.
Arr. 143. Any person who shall introduce, publish, or enforce
within n the Kingdom, any order, provision, or document emanating
from a foreign government that attacks the independence or security
of the State shall be punished with the penalties of cjriiio (ci rrecccioal
in its miniumnn and medium degrees, and a tine of from 625 to 6,250
'esetas. unless such crime directly produces others of greater gravity,
in which case lie shall be punished as the principal therein.
ART. 144. If any of the crimes mentioned in the two foregoing
articless should he committed by any official of the State taking advan-
t:ige of his character or duties, there shall be imposed upon him, in
:idlition to the penalties established in said articles, that of perpetual
absolutee disqualification.
ART. 145. Hle who by unlawful or not duly authorized acts should
provoke or furnish a pretext for a declaration of war against Spain,
(n the part of another power, or should expose Spaniards to annoy-
:nce or reprisals on their persons or property, shall be punished with
ihe penalty of rc lu6in th-rporal if he be a State official, and otherwise
with that of tprLiidn, mayor.
If the war be not actually declared, or the reprisals or annoyances do
not take place, the respective penalties shall lie imposed in the next
lower degree.
Aur. 146. The penalty of reclusiid temporal shall he imposed on any
personal violating a truce or armistice agreed to between the Spanish
N;ition and a hostile nation, or between their belligerent. forces, land
iior naval.
AiT. 147. A public official who, taking advantage of his office, should
in any way not specifically mentioned in this chapter endanger the
lignity or interests of the Spanish Nation, shall be punished with the
penalties of prisH, mayor and perpetual disqualification for the office
he may hold.
ART. 148. He who, without sufficient authorization, shall raise troops
w within Spain for the service of a foreign nation for any object or pur-
pose whatsoever, or whatever be the nation against which hostility lie
contemplated, shall be punished with the penalties of priiuin mraynr'
and a fine of from 12,500 to 125,000 pesetas.
lie who, without sufficient authorization, should send out vessels
'or privateering, shall be punished with the penalties of ,recu'lmw
/t iporal and a fine of from 6,250 to 62,500 pesetas.
ART. 149. He who, in time of war, holds correspondence with the
hostile country or territory occupied by its troops, shall be punished-
1. With the penalty of priswun mayar, if such correspondence is
carried on by ciphers or codes agreed on between the parties.







Any layman committing such acts shall incur the penalty of prisidn
eorrecciwial in its minimum and medium degrees, and a fine of from
625 to 6,2450 pesetas.
Aln'. 143. Any person who shall introduce, publish, or enforce
within the Kingdom any order, provision, or document emanating
from a foreign government, that attacks the independence or security
of the State, shall be punished with the penalties of prTnidn correc-
cidoal in its minimum and medium degrees, and a fine of from 625 to
6,250 pesetas, unless such crime directly produces others of greater
gravity, in which case lie shall be punished as the principal therein.
Art. 144. If any of the crimes mentioned in the two foregoing
articles should be committed by any official of the State taking advan-
tage of his character or duties, there shall be imposed upon him, in
addition to the penalties established in said articles, that of perpetual
absolute disqualification.
A wr. 145. lie who by unlawful acts or not duly authorized should
provoke or furnish a pretext for a declaration of war against Spain
on the part of another power, or should expose Spaniards to annoy-
ance or reprisals on their persons or property, shall he punished with
the penalty of 'rclsiwtn temp wal if he be a State official, and other-
wise with that of jri'i;wb mayor.
If the war be not actually declared, or the reprisals or annoyances
do not take place, the respective penalties shall be imposed in the
next lower degree.
AlRT. 14i. The penalty of rccluwidn tcmyoral shall be imposed on
any person violating a truce or armistice agreed to between the Span-
ish nation and a hostile nation, or between their belligerent forces,
land or naval.
Alr. 147. A public official who, taking advantage of his office,
should in any way not specifically mentioned in this chapter endanger
the dignity or interests of the Spanish nation, shall be punished with
the penalties of prl'idn mayar and perpetual disqualification from the
office he may hold.
Aler. 148. He who, without sufficient authorization, shall raise troops
within Spain for the service of a foreign nation for any object or pur-
pose whatsoever, whatever be the nation against which hostility be
contemplated, shall be punished with the penalties of yr;sid, mayor
and a fine of from 12,500 to 125,000 pesetas.
lie who, without sufficient authorization, should send out vessels
for privateering shall be punished with the penalties of recluswdn tem-
jovrl and a fine of from 6,250 to 62,500 pesetas.
ART. 149. He who in time of war holds correspondence with the
hostile country or territory occupied by its troops shall be punished:
1. With the penalty of prisidn mayor, if such correspondence is
carried on by ciphers or codes agreed on between the parties.






2. With that of priin c-rreccional, if it be carried on in the usial
form and the Government should have forbidden it.
3. With that of recl ,idn' tempwral, if there were given therein
notice or information of which the enemy could take advantage, what-
ever be the form of such correspondence, and even though the
Government should not have forbidden it.
The same penalties shall be incurred by the person committing the
crimes mentioned in this article, even though he should send the cor-
respondence through friendly or neutral territory in order to elude
the law.
If the culprit should intend to help the enemy with his notices or
information, the provisions of articles 135 and 136 shall be observed.
ART. 150. Any Spaniard guilty of an attempt to enter a hostile
country, if the Government should have prohibited it, shall be subject
to the penalties of arrlsto mayor and a fine of from 375 to 3,750 pesetas.

CHAPTER III.

CRIMES AGAINST INTERNATIONAL LAW.

ART. 151. He who should kill a monarch or head of another State,
residing in Spain, shall be punished with the penalty of reclusin,
temporal in its maximum degree to death.
He who should inflict serious wounds upon the same persons shall
be punished with the penalty of reclusion temporal, and if the wounds
were slight, with that of pri'sion mayor.
Those who should commit any other attempt at crime, not specific-
ally mentioned in the foregoing paragraphs, against the same persons
shall incur the last-named penalty.
ART. 152. He who should violate the personal immunity or the
domicile of a monarch or head of another State received in Spain in
their official character, or who should violate that of a representative
of another power, shall be punished with the penalty of prSicisb cor-
rcchinal.
If the crimes included in this and in the preceding article should
have no reciprocal penalties fixed therefore in the laws of the nation to
whom the persons offended belong, the penalty shall be imposed on
the delinquent which would be proper for the crime, in accordance
with the provisions of this code, if the person offended should not
have had the official character mentioned in the preceding paragraph.

CHAPTER IV.

CRIME OF PIRACY.

ART. 153. The crime of piracy committed against Spaniards, or the
subjects of another nation not at war with Spain, shall be punished
with the penalty of c, demna temporal to cadelna perpetua.







2. With that of prsiwi correctional, if it be carried on in the usual
form and the Government should have forbidden it.
3. With that of ritlutsidn temporal, if there were given therein
notice or information of which the enemy could take advantage, what-
ever be the form of such correspondence, and even though the Gov-
ernment should not have forbidden it.
The same penalties shall be incurred by the person committing the
crimes mentioned in this article, even though he should send the cor-
respondence through friendly or neutral territory in order to elude
the law.
If the culprit should intend to help the enemy with his notices or
information, the provisions of article 135 and 13( shall be observed.
ART. 150. Any Spaniard guilty of an attempt to enter a hostile coun-
try. if the Government should have prohibited it, shall be subject to the
penalties of ,trr,-to nM,,!or and a tine of from 375 to 3,750 pesetas.'

('IlAPTER Ill.

CRIMES AGAINST INTERNATIONAL LAW.

ART. 151. Ile who should kill a monarch or the head of another
State residing in Spain, shall be punished with the penalty of r',lu.hi!
tcnpn'irl in its maximum degree, to death.
Ile who should inllfict serious wounds upon the said persons shall be
punished witll the penalty of rI'c'lu;'n tI pol,,j l. aind if the wound-
were slight with that of IprIsi;.in maIr.
Those who should connmmit any other atteimp at crime not specifically
mentioned in the foregoinlig paragraphs., against lie same persons
shall incur the last-named penalty.
ART. 152. lie who should violate tle personal ilmnunity or the
domicile of a monarch or head of another State received in Spain in
their official character, or who shall violate that of a representative of
another power. shall be punished with the penalty of ,pris;'n cowec-
clonal.
If the crimes mentioned in this and in the preceding article should
have no reciprocal penalties fixed therefore in the laws of the nation to
whom the persons offended belong, the penalty shall be imposed upon
the delinquent which would be proper for the crime, in accordance
with the provisions of this code, if the person offended should not
have had the official character mentioned in the foregoing paragraph.

'See Gen. Order No. 109, Headquarters Departuent of Porto Rico, July 31, 1899)
page 143.






If the crime should be committed against nonbelligerent subjects of
another nation at war with Spain, it shall be punished with the penalty
of pie'vidio Imayor.
ART. 154. Those who commit the crimes referred to in the first
pairagraph of the preceding article shall incur the penalty of cadena
pi, 't fut to death, and those who commit the crimes referred to in the
sek'oud paragraph of the same article that of cadena tenloranal to cd',la

i. Provided that they have taken any vessel by boarding or tiring
u)pol her.
2. Provided that such crime should be accompanied by assassination,
homicide, or by any of the physical injuries inflicted on persons speci-
fied in articles 414 and 415 and in numbers 1 and 2 of article 416.
;:. Provided that it was accompanied by any of the outrages against
chastity specified in Chapter II, Title IX, of this book.
4. Provided that the pirates should have abandoned any persons
without means of saving themselves.
5. In every case, the captain or leader of the pirates.

CHAPTER V.

COMMON PROVISIONS.

ART. 155. For the purposes of the provisions contained in this title,
as well as for all the others of this code, it shall be understood that in
speaking of Spain by this denomination is understood any portion of
the national territory.
AlT. 156. As a Spaniard, for all the purposes of the provisions of
this code, shall be considered any person who enjoys such considera-
tio according to the constitution of the Monarchy.

TITLE II.

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE.
CHAPTER I.

CRIMES OF LESE MAJESTY, AGAINST THE CORTES, THE COUNCIL OF
MINISTERS, AND AGAINST THE FORM OF GOVERNMENT.

SECTION I. Crimes of Lse Majeti.

ART. 157. Upon any person who shall kill the King there shall be
imposed the penalty of reclusizdi pepetua to death.
ART. 158. If the crime referred to in the foregoing article be frus-
trated or attempted, it shall be punished with the penalty of recludn
tiie nal in its maximum degree to death.
The conspiracy to execute it with that of reclusin. teinmporal.
And the proposition with that of prisi& mayor.








CHAPTER IV.

CRIMES 0(F PIRACY.

.\ :T. 153. The crime of piracy committed against Spaniards or the
iili.j.-.t of another nation not at war with Spain shall be punished
Sitl hI i. penalty of atLdna temporal to cadena perpetual.
II 1 i.' crime should be committed against nonhelligerent subjects of
uililii..-r nation at war with Spain it shall be punished with the penalty
. /., ",; o mnlyor.
\ I :15. 54. hose who commit the crimes referred to in the firstpara-
: r.i'1, -1' tih preceding article shall incur the penalty of cadtuna per-
I.' death; and those who comunit the crimes referred to in the
I..,'.l paragraph of the same article that of caden timporal to
,,i .., /ifrptti :
I. I 'r,,vided that they have taken any vessel by boarding or tiring
l.,i r Il.-r.
S.-' 'rv'ided that such crime should be accompanied by asssasination,
1-.,,111 i.-, or by any of the physical injuries inflicted on persons speci-
lil ..II i; articles 427 and 428 and in numbers I and 2 of article 429.
.. I'i,,vided that it was accompanied by any of the outrages against
I. Il....-I specified in Chapter II, Title IX, of this book.
I. I'rvided that thle pirates should have abandoned any persons
Silii.ll Iumeains of saving themselves.
S... In -very case, the captain or leader of the pirimes.

TITLE II.

CRIMES AGAINST THE CONSTITUTION.

CIAITrER 1.

S1:1\11 OF' L/SE-MAJESTi', AGAINST TIE CORTES, TIlE COUNCIL OF
MINISTERS, AND AGAINST THE FORM O'O GOVERNMENT.

SECTION I.-- imes, of IlSe-minjest.

\ [:1. 55. Upon any person who shall kill the King there shall be
ilI ....-iI the penalty of r'clmuin pep etua to death.
\In'. L5i. If the crime referred to in the foregoing article be frus-
tr:,itd .lIr attempted, it shall be punished with the penalty of reclusidn
1, ,,.l,'rl in its maximum degree to death.
Thle conspiracy to execute with that of reclusion temporal.
A d. the proposition with that of prisiLn mayor.
AinI. 157. The following shall be punished with the penalty of
'., 1;, ,,, temporal to reclusi6n perpetual:
1. Those who shall deprive the King of his personal liberty.





44

ART. 159. The following shall he punished with the penalty of
r, *,li.;,, tempiornil to *r'c1, i hO prpyrt,,t :
1. Those who shall deprive the King of his personal liberty.
2. Those who shall force him, by violent means or by grave intimi.
nation, to perform any act contrary to his will.
:;. Those who shall cause him grave physical injuries not inclluded
in the first paragraph of article 158.
ART. (16. If the violence, intimidation, or physical injuries referred
to in numbers 2 and 3 of the preceding article be not grave, the pen.
alty of ,rclio/;',.n lemporal shall be imposed on the guilty person.
ART. 161. The penalty of recltWsiun temporal shall likewise he
imposed-
1. Upon a person who shall outrage or threaten the King in his
presence.
2. Upon a person who shall enter the King's residence with violence.
ART. 162. Any person who shall threaten or outrage the King pub.
licly and in writing, outside of his presence, shall be punished with the
penalties of lpr.'idl mayor and a fine ranging from 1250 to 12,5U(1
pesetas.
Outrages and threats couched in any other form shall be punished,
if they should be grave, with the penalty of prisidn correccional in
its medium degree to pri hin 'mayor in its minimum degree, and if
they should be slight with the penalty of arrest manor in its medium
degree to pr'isi;n corecc;onal in its minimum degree.
ART. 163. He who shall kill the immediate successor to the Crown.
or the regent of the Kingdom, shall be punished with the penalty of
rclus8iH;n tfmnJoral in its maximum degree to death.
If the crime be frustrated or attempted with the penalty of frcl U.i ;,;
tecri,,,I l to death.
The conspiracy with that of prhision ,na,,yo in its medium an d maxi-
nmun degrees.
And the proposition with that of prihd degree to prisI n maiyori in its minimum degree.
ART. 164. If the crimes mentioned in the preceding articles of this
section, with the exception of those comprised in the last article, should
be committed against the immediate successor to the Crown, the con-
sort of the King, or the regent of the Kingdom, they shall be punished
with the penalties lower by one degree than those prescribed therein.

SECTION II.--(im rhm agaiwt the Cortes and its members and agahisl
the council of ministers.
ART. 165. In case there should be a vacancy of the Crown, or in case
the King should be disabled in any manner whatsoever from governing
the nation, the members of the royal family, ministers, authorities, and
other civil or military officials, who shall disobey the regent after he





44

2. Those who shall force him, by violent means or by grave intimi-
dation, to perform any act contrary to his will.
3. Those who shall cause him grave physical injuries not included in
the first paragraph of article 156.
ART. 158. If the violence, intimidation, or physical injuries referred
to in numbers 2 and 3 of the preceding article be not grave, the pen-
alty of recl t.;in temporal shall be imposed on the guilty person.
ART. 159. The penalty of recl'isWin temporal shall likewise be
imposed:
1. Upon a person who shall outrage or threaten the King in his
presence.
2. Upon a person who shall enter the King's residence with violence.
ART. 160. Any person who shall threaten or outrage the King pub-
licly in writing, outside of his presence, shall be punished with the
penalties of prt'ii n iayor and a tine of from 1,250 to 12,500 pesetas.
Outrages and threats couched in any other form shall be punished.
if they should be grave, with the penalty of arresto 'mayor in it-
medium degree to ,pr i corrccional in its minimum degree, and if
they should be light, with the penalty of arre ~ o mayor in its mediuml
degree to pyri;. i corre(ional in its minimum degree.
ART. 161. He who shall kill the inunediate successor to the Crown
or the Regent of the Kingdom shall be punished with the lpenaltN
of i',chlus;(i tmporal in its maximum degree to death.
If the crime he frustrated or attempted, with the penalty of rc/*.u/in;
temporal to death.
The conspiracy with that of prioin mayor in its medium and maxi-
mum degrees.
And the proposition with that of prsihn correcconal in its maxi-
mun degree to prii/n. mayor in its minimum degree.
ART. 162. If the crimes mentioned in the preceding articles of this
section, with the exception of those comprised in the last article.
should be conunitted against the immediate successor to the Crown.
the consort of the King or the Regent of the Kingdom, they shall he
punished with the penalties lower by one degree than those prescribed
therein.

SECTION II.--C('rir against th~e (nC'tes andc / inetx ber and afqahin
the council of minihtl's.

ART. 163. In case there should be a vacancy of the Crown, or in
case the King should be disabled m any manner whatsoever from gov-
erning the nation, those members of the royal family, ministers.
authorities, and other civil or military officials who shall disobey the
Regent after he has taken the oath that the constitution requires, or
the council of ministers during the time that they are provisionally
governing the Kingdom in accordance therewith, shall be punished





45

ha; taken the oath that the constitution requires, or the council of
ministers, during the time that they are provisionally governing the
iKingdom in accordance therewith, shall be punished with the penalty
of legacion tfenioral in its maximum degree to rclegacidn perpetta
ART. 166. The penalty of confinami.ento shall be incurred by those
who. forming part of an armed force, shall collectively address petitions
to either of the co-legislative bodies, even though such petitions should
1not be personally presented.
The same penalty shall be incurred by those who, forming part of
an armed force, should present them individually, not according to the
|;iws of their organization, in so far as they have relation thereto.
Tlhe penalties prescribed in this article shall be respectively imposed
in their maximum degree on those who hold a command in the armed
force.
ART. 167. The following shall also incur the penalty of cofirna-

I. Those who shall outrage or threaten a senator or deputy on
iacount of the opinions he may have expressed or the votes cast in the
senate or chamber of deputies.
2. Those who use force, intimidation, or serious threat, to prevent
ia senator or deputy residing in the Philippines from attending the
co-legislative body to which he belongs, or who, by the same means,
should coerce the free declaration of his opinions or the casting of his
vote.
In the cases provided for in the two preceding numbers of this arti-
cle. a challenge to a duel shall be considered as a serious threat.
ART. 168. If the outrage, threat, force, or intimidation referred to
in the preceding article were not serious, the delinquent shall suffer
the penalty of banishment and a fine of from 325 to 3,250 pesetas.
ART. 169. The penalties prescribed in the three preceding articles
shall be imposed in their maximum degree, if the guilty persons are
recidivists.
ART. 170. The public official who, when the Cortes is in session,
should, without due permission of the respective legislative body,
(litain or commit for crime any senator or deputy residing in the
Philippines, unless he had been taken i*n ftlagrante, shall incur the
Ip'nalty of temporary special disqualification.
The same penalty shall be incurred by the judge who, having passed
sentence on a senator or deputy in a trial instituted without the per-
Imission referred to in the preceding paragraph, should carry out said
sentence without the legislative body to which the accused belongs
having authorized its execution.
There shall also be punished, with the same penalty of temporary
special disqualification, the administrative or judicial officials who should
detain a senator or deputy taken ia /fI,,jrIuti' residing in the Philip-








%ill lth.- penalty of r'elefancion l'nmporra in its maximum degree to
,.', /. ,,./. .'.,, PCrI)ettif.
\A \. 10I4. The penalty of cn#ininiewr o shall be incurred by those
I i.'. i'lriling part of an armed force, shall collectively address peti-
tin- i.. either of the co-legislative bodies, even though such petitions
,-,ul ,I iinlI he personally presented.
'l'h. -:aIIin penalty shall he incurred by those who, forming part of
iii :1irinI.-I force, should present them individually, but not according
i.. i i. 1:l\\s of their organization, in so far as they have relation

'I'lI Iinalties prescribed in this article shall be respectively imposed
in Ih. ir iii:ixiinliin degree on those who hold a connuand in the armed
'1 .I'.'.'.
Siti. l,;:.. The following shall also incur the penalty of monfini-

I "Th.'III who shall outrage or threaten a senator or deputy on
Ill..it -4' the opinions he have.yhav expressed or the. votes cast in the
,:it,. ,"r .1uhamber of deputies.
S*_'. Tlh.-. who use force, intimidation, or serious threat to prevent a
ii:iilr .r deputy from attending the co-legislative body to which he
S.-ii.-. .*r who by the same means should coerce the Iree declarl-
lii ,1' Ili- opinions or the casting of his vote.
I tlhI iases provided for in the two preceding numbers of this
l ii I... challenge to fight a duel shall ie considered as a serious
!I ,':rlt.
i .111 l;il. If the outrage, threat, force, or intatmidation referred to
ii iI li ri'.-edingarticle were not serious, the delinquent shall suffer the
'-1:ill1 f banishment and a fine of from 325 to 3,250 pesetas.
S\in:. 11;T. The penalties prescribed in the three preceding articles
liill I,,. imposed in their maximum degree if the guilty persons are

.\Air. li;i. The public official who, when the Cortes is in session,
IiwhullI. without due permission of the respective legislative body,
lirt:iii. arrest, or commit for crime any senator or deputy, unless he
:itl Ibe'ii taken in flauyrante, shall incur the penalty of temporary
.~ '-'i;l I qualification.
'The -:iie penalty shall be incurred by the judge who, having passed
t .iiteiice on a senator or deputy, in a trial instituted without the per-
i-iclli referred to in the preceding paragraph, should carry out
aid -.ntence without the legislative body to which the accused belongs
.ving authorized its execution.
'T'her. -hall also be punished with the same penalty of temporary
special disqualification the administrative or judicial officials who
ouhld detain a senator or deputy in flagrant, and fail to report it
the (_'ortes immediately if in session; or who should fail likewise







pines and fail to report it to the Cortes immediately, if in session; or
who should fail likewise to report to the Cortes ias soon as it asseinmilIs
the arrest of any of its members which they may have ordered. or
tlie proceedings they may have instituted against such members dur-
ing the interval of the sessions.

SECTION Ill. -- riwx /(ain t thei f/ourmi i (',or rni,'ni t.

Awri. 171. Persons who sliall execute any kind of acts or dlct,
directly tending to obtain by force any of the following ends sliall lie
considered guilty of crimes against the form of (overniment established
by thev constitution:
1. To substitute for tihe constitutional-nlonarclhical (\'IGovernment :mn
albsoliute monarchical or Republlic:a ('over(llment.
2. '1To deprive, in whole 'o in part, the King. thie Regmency, or the
Cortes of the privileges and powers vested in them by tle constitution.
:L. To change the legitimate order of the succession of the Crown,
or to deprive the dynasty of the rights granted it by the constitution.
1. To deprive the council of ministers of the right to govern the
Kingdom provisionally until the regent takes the oath in accordance
with the constitution.
Airr. 172. The following also commlllit crimes against the form of
Government:
1. Those wlho in ainy kind of ilublic imeet ings or places of nuimem1i,
assemblage shall raise cheers or other outcries that shall provoke
acclaliations tending to tihe accomplishment of any of the purposes
specified in the preceding article.
2. Those who in said meeting and places make speeches, or read or
distribute printed matter, or carry emblems and banners, tending to
tlhe realization of thle objects mentioned in the preceding article.
AKr. 173. Public ollicials who should execute any Imandate or lordr
issued by the King in the exercise of his authority without beiii,
signed by tle proper millister, shall also be considered guilty of a
crime against the form of (Tovernmient.
Aw'r. 174. Those who. publicly and in open hostility, should rise in
arms, in order to perpetrate any of the crimes provided for in article
171, shall ibe punished with the following penalties:
1. 'Thosei who may have instigated, supported, or directed said rising
or whlo appear as its principal leader, with the penalty of rclt /s;mi
tf /iipoal in its ilaxillmuml degree to death.
2. Those in charge of a suballtern command therein, with that of
r(,.1'/o1,; tInmpridl to death, should they be persons tilling a civil or
ecclesiastical ollice: or if there should have been any en4allement
between the forces under their command d and the public forces loy :l
to tlle governmentt; or if their forces should have caused ravao'e1-
among the properties of private persons, of towns, or of the State; or







to report to the Cortes as soon as it assembles the arrest of any of its
members which they may have ordered, or the proceedings they may
have instituted against such members during the interval of the session..

SUnTION 111. --(ri7'n,1 a(tinfl tflt'.tfrin of ,Gov,'lrnmint.

ART. tth). Persons who shall execute any kind of acts or deed-
directly tending to obtain by force any of the following ends, shall lh
considered guilty of crimes against the form of Government established
bIy the constitution:
1. To substitute for the constitutional monarchical Governiment an
absolute monarchical or republican government.
2. To deprive, in whole or in part, the King, the Regency, or thn
Cortes of the privileges and powers vested in them by the constitution.
3. To change the legitimate order of the succession of the Crown.
or to deprive the dynasty of the rights granted it by the constitution.
4. To deprive tlhe council of ministers of the right to govern thl
Kingdom provisionally until the Regent, takes the oath in accordance
with the constitution.
Al '. 170i. The following shall also commit crimes against tIhe1 f1or
of (Government:
1. Those who in any kind of public meetings or places of inumeroiu
assemblage shall raise cheers or other outcries that shall provokl
acclailations tending to tlhet accomplishment of any of the purpose,
specified in the preceding article.
2. Those who in said meeting and places make speeches or read "I
distribute printed matter or carry emblems and banners, tending In'
the realization of the objects mentioned in the preceding article.
ART. T71. 'Public officials who should execute any mandate or o rdr
issued by the King in the exercise of his constitutional authority\
without being signed by thle proper minister shall also 1Ie considering
guilty of a crime against the form of Government.
ART. 172. Those who, publicly and in open hostility, should ri-c
in arms, in order to perpetrate any of the crimes provided for in article'
169, shall I e punished jwith tite following penalties:
1. Those who may have instigated, supported, or directed said risintl
or whlo appear as its principal leaders, with the penalty of rivli o;i
tle'q)oral in its maxi mum degree to death.
2. Those in charge of a subaltern command therein, with that 'i
Irlc/ulsi~~ /tiqj)oral to death, should they be persons filling civil ,;
ecclesiastical office, or if there should have been any engafgenclth
between the forces under their command and the public forces loyal :
the government, or if their forces should have caused ravages animonl
the properties of private persons, of towns, or of the State, or hai
cut the telegraph wires or the railroad lines, or have committed any ;







h:i' ecut the telegraph wires or the railroad lines: or have conumitted
:n' :wats of gross violence against individuals, or exacted contributions,
r! diverted public funds from their lawful purpose. With the excep-
ti,,I of these cases the penalty of r'clrsi'n temporal shall be imposed
on the culprit.
:'. The mere participants in tile rising with that of 'pr.si.n mayor in
it medium degree to r' rdusitn temporal in its minimum degree, in
tin' cases provided for in the first paragraph of the preceding number:
:uWd with that of prishii mayor to its full limit in the cases mentioned
in tie second paragraph of the same number.
Airr. l75. Those who, without rising up in arms and in open hostility
: :aiiist the Government, shall commit any of the crimes provided for
in the said article 171 shall be punished with the penalty of ,priv'iSn

A.ar. 17l. lie who shall commit any of the crimes included in article
T1- shall be punished with the penalty of banishment.
.RT. 177. A public official who is responsible for the crime men-
tioned in article 173 shall suffer the penalty of temporary special
di-ua:litication.

SC'TION IV.- IPt'iitiesis )ni/onl to the thr''e proe-d ling. ,,rtio'i.'.

AT. 17S. Thlie provisions contained in the articles included in this
chapter are understood without prejudice to the prescriptions of other
articless of this code which tix ai higher penalty for any one of the acts
puiished in the former.
ClIAuTmt 11.

CRIMES COMMITTEDD ON 'riE OC('ASION F0 TilE EXERCISE OF INDII
VII)UAI. mciIIITS GUIARANTEEI) IBY THE CONSTITUTIONON.

Sm'rIoN 1. ( 'rinh'w.' (uImIi( If' int/ivid(/l(h'.
AuT. 179. The following are not peaceful meetings:
I. Those which are held in violation of the police rules of a general
or permanent character of the locality where the meeting is hold.
2. Meetings where a certain number of people assemble with fire-
aris, lances, sabers, machetes, holes, campilanes, or any other similar
\\ epons.
:;. Meetings which are held for the purpose of committing any of
thl crimes punished by this code; or those where, during the meeting,
:an of the crimes punished in Title III, Book 11 hereof are committed.
ART. 180. The organizers and leaders of any meeting that is held
w itlhout written notice thereof having been given to the authorities
t \i'nty-four hours in advance, stating the object, time, and place of
thi' meeting, shall incur the penalty of a'rresto mayor and a tine of 325
to 3,250 pesetas.







i- r,,i' .r-- violence against individuals, or exacted contributions, or
i,'rhc.l I lii funds from their lawful purpose.
\\'ViI i ihi. .\I, ption of these cases, the penalty of rcl qin temy)oral
ill Il-i inp .i.-id on the culprit.
;. Th. irn-. participants in the rising, with that of _pr'i'i;n mayor
i1- ni.iliInIn degree to ,echduwinl temporal in its minimum degree, in
i, -I-.-.- i.r,\ iled for in the first paragraph of the preceding number.
iI t ilh lhii if pristi6n mayor in its full limit, in the cases mentioned
1 I. i.. niiil Laiagiraph of the same number.
\i:1. I 7:. Those who. without rising in arms and in open hostility
::ii,-I hli- G ,\ ernent, shall commit any of the crimes provided for
I, lI -;Ji-i article 169 shall lbe punished with the penalty of pri0si(in

\ I1. 17. I Il who shall conmnit any of the crimes included in article
i11. -hll I- punished with the penalty of banishment.
I \.1. I ... A public official who is responsible for the crime men-
.nii., l in article 171, shall suffer the penalty of temporary special
l i-.|ii:ilili.-il it lii.

I' I I, ii I\ /)i)io'/Sl'.0 r'lm n Onto the tiree't' jprcdim.v .etinW.

Ii I I;i. The provisions contained in the articles included in this
l II' :, Ir- understood without )prejudice to the prescriptions of other
ri. I. -- rlhi- code which tix a higher penalty for any one of the
I 1I-uni--li- in the former.

CHAPTER II.

4 141'11 ii 1TMIiTTED ON THE OCCASION OF THE EXERCISE OF THE
INI)I\ IIIUAL RIll(ITS GUARANTEED BY THE CONSTITUTION.

I i, I. I 'rimes comn.itted by individuals on the occasion of the
i 1. 1, '.. 'if in.fdivbidwdm rights fgiurantee<'d bi the c
\I:I. 17I. The following are not peaceful meetings or demonstra-

I Tii.... h\\ich are held in violation of the police rules of a general
,-riII';niI(nt character of the locality where the meeting or demon-
lI':lhiih tkr"- place.
( l.n-ir meetings or political demonstrations held at night.
N. MSi-ting. or demonstrations where a certain number of people
-11nilh ith firearms, lances, sabres, swords, machetes, or any other
Jiliiar \ . 1. Mth-ting, or demonstrations which are held for the purpose of
unnitting any of the crimes punished by this code, or those where,







ART. 181. The organizers and leaders of any meeting included in
any of the cases of article 179 shall incur the penalty of jpri i ,,
rei,'onal in its minimum and medium degrees and a fine of from 32.> to
3,250 pesetas.
ART. 182. In the cases of the preceding articles, if the meeting,
shall not have actually taken place, the personal penalty shall be thlt
next lower in degree.
ART. 183. For the enforcement of the provisions of the precediii,
articles, as leaders of the meeting shall be considered those who, by Ilh
speeches they may have delivered threat or by the printed matter
which they may have published or distributed at the same, by tIII
mottoes, flags, or other emblems displayed threat, or by any otihrt
means, appear as instigating the proceedings.
ART. 184. Those merely attending the meetings mentioned in N,.
I and the first case of No. 3 of article 17) shall he punished with the,
penalty of (Irrefsto m uyor.
ART. 185. The organizers, leaders, and persons present at ;iiv
meeting whatsoever shall respectively incur the penalties next higher
in degree if they fail to disperse it upon a second notice to do so fr iii
the authorities or their agents.
ART. 186. Those who assemble at meetings carrying firearms, lallnc',
sabers, machetes, bolos, campilanes, or any other similar wealpo),
shall be punished by2ri din c degrees.
ART. 187. Those attending a meeting who, during its progress, slih:ll
commit any of the crinms punished in this code shall incur the pena:ll
corresponding to the crime they commit, and may lhe arrested at oice
by the authorities or their agents, or in their absence b ay any other
person attending.
ART. 188 (see amendment, page 125). The following are illegal as.,
citations:
1. Those which by their purpose or circumstances are contrary to
public morals.
2. Those whose object is to commit any of the crimes punished in
this code.
ART. 189 (see amendment, page 126). The following persons sli:ll
incur the penalty of ,pr'is in crreccional in its minimum and umediiimi
degrees and a fine of from 325 to :;,2':, pesetas.
1. The founders, directors, and presidents of associations which nmi.
be organized and are included in any of the numbers of the precedilngS
article.
If the association should not have been organized, the personal
penalty shall be that next lower in degree.
2. The founders, directors, and presidents of associations which m:ly
be organized without notice to the local authorities of their purpoe-(
and by-laws eight days before their first meeting, or of the place of tlh







during the meeting, any of the crimes punished in Title Ill111, Book 11I,
hereof are comlnitted.
ART. 178. The organizers and leaders of any meeting or demonstra-
tion that is held without written notice thleriof having been given to
the authorities twenty-four hourI s in advance, stating tlhe object, tinle,
and place of the meeting, shall inctur the penalty of arri''s, mrtlr; alnd
a fine of from 325 to 3.2550 pesetas.
Arr. 179. The organizers and leaders of any meeting or hdeonstra-
tion included in any of the cases of article 177 shall incur the penalty
of pr'is;o;, re,'cceonil in its ninilinunt and Imediuml (degrees, and a line
of from 325 to 3,250 pesetas.
ArT. 180. In thei cases of the precedingl articles, if tlie meeting or
demonstration shall not have actually taken place, the personal penalty
shall 1be the next lower il degree.
Air. 1sI. For the enforcement of the provisions of the preceding
articles, as leaders of (te meeting or demonstration shall be collsidered
those who. by tihe speeches they may have delivered threat, or by
the printed matter which they liay have publlishled or distributed at
the samne. Iy tlie mottoes. Hlags, o other emblems displayed, or by
any other means, a:ppealr as instigating the proceedings.
Alwr. 182. Those merely atte'ndling the m(Ieetiings or demuonstrati,ions
mentioned in Nos. I and 2 and the lirst case of No. 1I of :aitcle 177,
shall be punished with the penalty of a,'r,.,so nmei/ir.
ATr. IS3. Tle organizers, leaders, and persons present at an
meeting or demonLstration whaitsoeverl shall respectively incur tlhe
penalties next highlier in degree, if they fail to disperse it lion lasecond
notice' to do s5o front lite aiuthllorlities or their agentils.
AlT. 184. Those whlo assemble at ileetings or ldemonstrations.
carryliing firearms, lances, sakres, swords. illacihetes, or all tin other
similar weapons, shall be )punished with Iii'.'n ,co;i rreH,,lnd, in its
niiniimunl and niedhliu degree.
ART. 18;5. Those attendingti meetings or d(eonlst rations whlo, during
its progress, shall commit any of tile crilines punished in this code,
shall incur the penalty corres ipoldil ing to the crime llhey comllit, and
Imay le arrested at once Ib tihe authorities or their agi'ns, ior in their
absence by any other person attending.
ARTr. 186(i. The following are illegal associations:
1. Those which by their purpose or circumstances are contrary to
public morals.
2. Those whose object it is to commit any of the crimes punished
in this code.
ART. 187. The following persons shall incur the penalty of 'nidsn
correctional in its minimuni and medium degrees, and a fine of front
325 to 3,250 pesetas:






meetings twenty-four hours before the respective meeting, even if the
first place selected for the meeting should later be changed for another.
3. The directors or presidents of associations who do not admit the
authorities or their agents or do not give them the right of attending
the meetings.
4. The directors or presidents of associations who do not stop meet-
ings on the second notice to do so of the authorities or their agents.
ART. 190 (see amendment, page 126). The following shall incur the
penalty of arrest mayor:
1. The individual members of the associations mentioned in arti-
cle 188.
If the association should not have been organized, the penalties
shall be public censure and a fine of from 325 to 3,250 pesetas.
2. The individual members who commit the crime mentioned in
No. 3 of the foregoing article.
3. The individual members who do not withdraw from the meeting
on the second notice given by the authorities or their agents that the
meeting must be suspended.
ART. 191 (see amendment, page 126). The founders, directors, presi-
dents, and members of associations who again hold a meeting, after its
having been suspended by the authorities or their agents, provided
that the judicial authority has not revoked the suspension ordered,
-hall incur the penalties next higher in degree than those respectively
prescribed in the last two articles.
ART. 192. Those who establish and direct institutions of a religious
character or of learning in violation of the laws in force on the subject
shall incur the penalty of arrest mayor and a fine of from 500 to 5,000
pesetas.
ART. 193. The following shall incur the penalty of arrest mayor:
1. The authors, directors, editors, and printers, in their respective
cases, of secret publications.
By such shall be considered those which do not bear the printer's
name upon the copies printed, or which bear a fictitious one.
2. The directors, editors, or printers, also in their respective cases,
of the periodical publications not duly authorized.

SECTION II.-- Criimes committed by public :ficil;,..
ART. 194. A public official who shall impose any punishment equiva-
lent to personal punishment by arrogating judicial powers to himself
shall incur-
1. The penalty of temporary absolute disqualification, if the punish-
ment imposed were equivalent to a corporal penalty.
2. The penalty of suspension in its niedium and maximum degrees,
if it were equivalent to a correctional penalty.
3. The penalty of suspension in its minimum and medium degrees,
if it were equivalent to a light penalty.
1570---4







1. The founders, directors, and presidents of associations which
11my be organized and are included in any of the numbers of the pre-
cedinog :article.
If the association should not have been organizted, the personal
pen:alt y shall be that next lower in degree.
'. The founders, directors, and presidents of associations which
lmy; ble organized without notice to the local authorities of their pu)r-
pose and by-laws eight days before their first meeting, or of the place
of thie meeting twenty-four hours before the respective meeting,
,ven i' the Iirst place selectl'd for the meeting should later be changed
for another.
'. The directors or presidents oo i f associations who o not admit the
authorities or their agents or do not give them the right of attending
thei meetings.
I. The directors or presidents of associations who do not stop
meeting's on tlie second notice to do so of the authorities or their
:;,.'entis.
A uTi. s18. The following shall incur the penalty of airiw!o iaoI/I,:
1. The individual members of the associations mentioned in article

If tIle association should not, have been organized, thIe I eniIlties shall
I le public censure' ad 'a fine. of from 325 to 3,250 pesetas.
:. The individual telibers who comiiti the crime mentioned in
No. :; olf tle foregoing" article.
',. The individual members wlho o do not, withdraw from the meeting
on the second notice given by the authorities or their agents that the
imelin(iig must be suspended.
Ai '. I 8t. Tihe fouiders, tordirectors, presidents, and nemblers of asso-
ciatiotns who agaili hold a meeting after its having been suspended by
tle authorities or their agent ts, provided that the judicial authority has
nol revoked the suspension ordered, shall incur the penalties next
higher in degree than those respectively prescribed in the last two
arlticles.
A rT. 10O. Those who establish and direct institutions of learning in
violations oft the laws in force oni the subject shall incur the penalty of
i'i.slo 'winyor aond a line of from ti500 to 5,000 pesetas.
A tt. 191. The following shall incur the penalty of arresto mnyn'r:
1. The authors, directors, editors, and printers in their respective
cases of secret publications.
Ily such shall be considered those which do not bear the printer's
naMie upon the copies printed or which hear a fictitious one.
2. The directors, editors, or printers (also in their respective cases)
of the periodical publications who have not complied with the precepts
of the special law of the press.
1571---4






ART. 195. If the punishment arbitrarily imposed should have been
carried out, in addition to the penalties prescribed in the preceding
article, the punishment imposed shall be inflicted on the guilty official,
and in the same degree.
If the punishment should not have been carried out, that next lower
in degree shall be imposed upon him, if the former should not have
gone into effect through a cause independent of his will.
ART. 196. If the penalty arbitrarily imposed should have Ibeen a
pecuniary one, the guilty official shall be punished-
1. With that of temporary absolute disqualification and a fine of an
amount equal up to one three times the amount thereof, if it should
have been exacted.
2. With that of suspension in its medium and maximum degrees,
and a fine of from one-half to an equal amount thereto, if the penalty
had not been exacted through a cause independent of his will.
3. With that of suspension in its medium and minimum degrees, if
it should not have been exacted by reason of the voluntary revocation
of the said official.
Awn. 197. The authorities and officials, civil and military, who, in
making exceptional prochlmations or provisions in the use of their
powers, should have established a penalty different from that pre-
scribed by law for any kind of crimes, and those who enforce such
penalties, shall respectively incur, according to the facts, the penalties
prescribed in the three foregoing articles.
AnT. 1)S. 'Tie judicial authority who unduly remits a criminal case
to another military or administrative authority or official, which ille-
gally claims it, shall be punished with the penalty of suspension in its
niedium and inaxiinuln degrees.
The military or administrative authority or official who should per-
sist in his demand for the unlawful remission of the case, and should
compel the judicial authority to comply, after the latter had pointed
out the illegality of such a demand, shall be punished with the penalty
next higher in degree.
Aur. 199. If the person of the criminal shall also have been demanded
and surrendered the penalties shall, in their respective cases, be those
next higher in ldegrei' than those prescribed in the preceding article.
ArT. 200. The public official who, unless it be by reason of a crime,
should detain a person without being authorized to do so by a law, or
by regulations of a general character in force in the Philippines, shall
incur the penalty of a tine of from 325 to 3,250 pesetas if the detention
should not have exceeded three days; the penalty of suspension in its
minimum iand medium degrees if it should have exceeded said period
and not have been more than fifteen days; that of suspension in its
maximum degree to temporary absolute disqualification in its medium
degree if it should not have been less than fifteen days nor have reached
one month; that of prwisin correccional in its maximum degree to







SECTION. II.-(' ~rn.x roMnnm//d hi/ ,mH;,li ic f'fi aqdinxt //th r.'erLe'f
!f ind'vi ,l'di/ r./qib /.1ifonIfi'teed y/ t/hi cont/u/t0ion.

AIT. 192. A public official who, without the authorization of law,
shall impose any punishment equivalent to personal punishnllnt. hb
arrogating judicial powers to himself, shall incur:
1. The penalty of temporary absolute disqualification, if the puisih-
ment imposed were equivalent to a cororporal penltuy.
2. The penalty of suspension in its medium and maxinunnl degrees,
if it were equivalent to a correctional penalty.
3. The penalty of suspension in its minimull and tmedli(um degrees.
if it were equivalent to a light penalty.
AKT. 193. If the punishment arbitrarily imposed should have been
carried out, in addition to the penalties prescribed in the pnvce'ding
article, the punishment imposed shall Ie inflicted on the guilty official
and in the same degree.
If the punishment should not have been carried oult that next lower
in degree shall he imposed upon him, if the former should not have
gone into effect through a cause independent of his will.
ART. 194. If the penalty arbitrarily imposed should have been a
pecuniary one the guilty official shall be punished:
1. With that of temporary absolute disqualification and a fine of an
amount equal to three times the amount thereof if it should have been
exacted.
2. With that of suspension in its medium and maximumI degrees
and a fine of from one-half to an equal amount thereof if the penalty
had not been exacted through a cause independent of his will.
3. With that of suspension in its medium and mnininum degrees if it
should not have heen exacted by reason of the voluntary revocation ol
the said official.
ART. 195. The authorities and officials, civil and military, who, even
though the constitutional guaranties may he suspended, should have
established a penalty different from that previously prescribed by law
for any kind of crimes, and those who enforce such penalties, shall
respectively incur, according to the facts, the penalties prescribed in
the three fore'.roin_'2 articles.
ART. 196. The judicial authority who unduly remits a criminal case
to another military or administrative authority or official which ille
gaily claims it, shall be punished with the penalty of suspension in it(
medium and maximum degrees.
The military or administrative authority or official who should per
sist in his demand for the unlawful remission of the case and should
compel the judicial authority to comply after the latter had pointed
out the illegality of such a demand, shall be punished with the penalty
next higher in degree.







j'.ii4;, mayor in its minimum degree if it should have been more than
one month and should not have exceeded a year: and that of pris',4ia
,i.yor in its medium degree to recloiin temj nrl to its full limit if
the detention should have exceeded one year.
ART. 201. The public official who should delay complying with a
judicial order to release a person imprisoned or detained, whom he
ima have under his control, shall be punished with the penalties next
higher in degree than those prescribed in the preceding article, in pro-
portion to the duration of the delay.
ART. 202. The public official who, not being a judicial authority,
nor being vested with power in the manner mentioned in article 200,
shall detain a person for a crime and shall not deliver him to the judi-
cial authority within the twenty-four hours after the detention took
place, shall respectively incur the penalties next higher in degree than
those prescribed in the said article.
ART. 203. The following shall also incur the same penalties in their
respective cases:
t. The warden of a jail or any other public official who shall receive,
:is a prisoner, any person whatsoever, and shall allow twenty-four
hours to elapse without informing the judicial authority thereof.
2. The warden of a jail or other public official who shall receive a
person in the capacity of a prisoner, unless by virtue of a judicial
order.
3. The warden of a jail or any other public official who shall con-
c.al a prisoner from the judicial authority.
4. The warden of a jail or other penal institution who, without an
order of the judicial authority, shall have placed a prisoner, or one
under sentence, either in solitary confinement or in a place different
from that where he belongs.
5. The warden of a jail or head of a penal institution who should
impose upon prisoners, or those under sentence, improper depriva-
lions, or treat them with unnecessary severity.
6. The warden of a jail or the head of a penal institution who
should deny to a person detained, or a prisoner, or to whomsoever
may represent him, a certificate of his detention or imprisonment, or
who should not forward any petition relative to his release.
T. The head of a penal institution who should retain a person in the
institution after having received official notice of his pardon, or after
his term of imprisonment had expired.
The provisions of Nos. 1, 2, and 4 shall not be applicable when the
warden of the jail, or head of a penal institution, or public official
acts in compliance with an order of the civil or military authority
issued in the exercise of legal powers.
ART. 204. The following shall incur the penalty of suspension in its
minimum and medium degrees:
1. The judicial authority who should not liberate nor commit the







.\A'r. t197. If the person of the criminal shall also have been demanded
and surrendered, tihe penalties shall, in their respect ve cases, be those
next higher in degree than those prescribed in the preceding article.
A.I;. 19S. The public official who. unless it. he by reason of a crime,
-Ii il, l detain a' person without being authorized to do so by law, the
. .1,i-il utional guaranties not. being suspended, shall incur the penalty
..' :I line of from 325 to 3,250 pesetas. if the detention should not
i..i\ -\cceeded three days; the penalty of suspension in its minimum
:iI.I illr.diulli degrees, if it should have exceeded said period and not
I1 I- more than fifteen days; that. of suspension in its maxillmu degree
I1. I.-ii'porary absolute disqualification in its Iieldiulll degree, if it.
-l.I'1.1 not hamv been less than fifteen days nor have reached one
,.iihli: that of )pr/.si;n i(Y'rrce.'iodi ill its maximilum degree to
.. ." mt!/o in its minimum t degree, if it, should have been more
ili.., 'nie month and should not have exceeded :a year; and that of
,' .i. nior in its medium degree to ,re'blsi;n /i'emntor'l to its full
l.iiil. I' the detention should have exceeded one ear.
\i:1. 1! ,0. The public otlicial who should delay complying with a
.il1.-ii:l order to release a person imprisoned or detailed whom lie
ii.iu hlive under his control, shall be punished with the penalties next
li,. s r in degree than ose p d n hose prescribed in the preceding article in
l..]isirl ion to the duration of the delay.
.\':i 200'(. 'I'le publicc, official who, not. being a1 judicial authority
i.1-l tlh constitutional guaranties not hlmaving been suspended, shall
I, :11iin :a person for at crime and shall not deliver hini to the judicial
:iullhrity within the twenty-four hours after thli detention took place,
*-11.1 respectively incur the penalties next higher in degree than those
,r. -i ribed in the said article, 198.
A.\ 201. The following shall also incur tihe same. penalties in their
I -p t live cases:
I. The warden of a1 jail or any other public official who shall receive
:- .1 risonler any person whatsoever and shall llllow twenty-four hours
Ib .' Il:'-e without informiing the judicial authority thereof.
:'. The warden of 2a jail or other public official who does not liberate
', liri-,,ner who should not have been committed to prison within the
*,.'%it i -two hours next after due notice of his detention should have
.. ii iven to the judicial authorities.
'. The warden of a' jail or other public official who shall receive a
p. r-,n in the capacity of a prisoner, unless by virtue of a judicial
I.I.l,., or shall keep hini in prison after seventy-two hours have
-lip,-'l from his having been received in such capacity or having been
i.tiflid of the warrant for his commitment, unless during that time
hi, prisoner should also have been notified of the writ ratifying the
1 'II'.11 .







prisoner by a warrant stating the reasons therefore (auto motivado)
within the period fixed by the provisions in force in criminal pro-
cedure.
2. The judicial authority who shall not ratify a warrant of com-
mitment or declare it null within the period referred to in the fore-
going number.
3. The judicial authority who, with the exception of the cases men-
tioned in the two preceding numbers, shall detain in the capacity of
prisoner a person whose release is proper.
4. The judicial authority who should improperly order or prolong
the solitary confinement of a prisoner.
5. The secretary, clerk, or attending witnesses of a superior or
inferior court who shall permit the term referred to in No. 1 of this
article to elapse without notifying the prisoner of the warrant com-
mitting him to prison or the writ terminating his detention.
6. The secretary, clerk, or attending witnesses of a superior or
inferior court who shall unduly delay the notification of the warrant
or writ raising solitary confinement or liberating a prisoner.
7. The secretary, clerk, or attending witnesses of a superior or
inferior court who shall delay informing them of any petition of a
person detained or imprisoned, or of his representative, relating to his
freedom.
If the delay referred to in the foregoing numbers shall have lasted
more than one month and shall not have exceeded three, the culprits
shall incur, in their respective cases, the penalty of suspension in its
maximum degree to temporary absolute disqualification in its medium
degree, and a fine of from 325 to 3,250 pesetas; and if it should have
exceeded said period, that of temporary absolute disqualification in its
maximum degree to perpetual absolute disqualification and a fine of
from 1,250 to 12,500 pesetas.
ART. 205. The following shall incur the penalties of suspension in
its minimum and medium degrees and a fine of from 325 to 3,250
pesetas:
1. The public official who, not being a judicial authority nor empow-
ered in the manner prescribed in article 200, shall enter the domicile
of a Spaniard or foreigner without his consent.
2. The public official who, without being authorized by a law or by
general regulations in force in the Philippine Islands, and not being
a judicial authority, shall make a search through the papers of a
Spaniard or of a foreigner and the effects which may be found in his
domicile, unless their owner should have given his consent.
If he should not return at once to the owner the papers and effects
thus examined immediately after making the search, the penalty shall
be that next higher in degree.
If the crimes punished in the two preceding numbers should be com-







4. The warden of a jail or any other public official who shall conceal
a prisoner from the judicial authority.
5. The warden of a jail or other penal institution who, without an
order of the judicial authority, shall have placed a prisoner or one
under sentence either in solitary confinement or in a place different
from that where he belongs.
6i. The warden of a jail or head of a penal institution who should
impose upon prisoners or those under sentence improper deprivations
or treat them with unnecessary severity.
7. The warden of a jail or the head of a penal institution who should
deny to a person detained or a prisoner, or to whdmsoever imay repre-
sent him, a certificate of his detention or imprisonment, or who should
not forward any petition relative to his release.
8. The head of a penal institution who should retain a person in the
institution after having received official notice of his pardon or after
his term of imprisonment had expired.
The provisions of Nos. 1, 2, 3, and 5 shall not he applicable when
the warden of a jail or head of a penal institution or public official acts
in compliance with an order of the civil or military authority issued
in the exercise of legal powers.
ART. 202. The following shall incur the penalty of suspension in its
minimum and medium degrees:
1. The judicial authority who should neither set at liberty nor
commit a prisoner by a warrant, stating the reasons therefore (aItr,,
iotitrado), within 72 hours following that in which he may have been
placed at his disposal.
2. The judicial authority who shall not ratify a warrant of commit-
ment or declare it null within 72 hours after it mayv have 1 een issued.
3. The judicial authority who, with the exception of the cases men-
tioned in the two preceding numbers, shall detain in the capacity of
prisoner a person whose release is proper.
4. The judicial authority who should improperly order or prolong
the solitary confinement of a prisoner.
5. The clerk or secretary of a superior or inferior court who shall
permit the term referred to in No. 1 of this article to elapse with-
out notifying tihe prisoner of the warrant committing him to prison or
the writ terminating his detention.
6. The secretary or clerk of a superior or inferior court who shall
unduly delay the notification of the warrant or writ raising solitary
confinement or setting a prisoner at liberty.
7. The clerk or secretary of a superior or inferior court who shall
delay informing them of any petition of a person detained or impris-
oned, or of his representative, relating to his freedom.
If the delay referred to in the foregoing numbers shall have lasted
more than one month and shall not have exceeded three, the culprits






mitted at night, the penalties shall be those of suspension in its medium
and maximum degrees and a fine of from 625 to 6,250 pesetas, reserv-
ing the provisions of the second paragraph of number 2, with regard
to which the penalty shall be that next higher in degree than those
prescribed therein.
ART. 206. The public official who, on the occasion of a search through
the papers and effects of a person, shall commit any other unjust vexa-
tion against persons or wanton damage to their property, shall also
incur the penalties of suspension in its minimum and medium degrees
and a fine of from 325 to 3,250 pesetas.
If he should remove such property and appropriate it to himself, he
shall be punished as guilty of the crime of robbery with violence
against the person.
ART. 207. Any authority who shall make an examination of papers
and effects in the domicile of a Spaniard or foreigner, unless in the
presence of the interested person or in that of a member of his family,
and in their absence in that of two witnesses from the same locality,
shall incur the penalty of suspension in its minimum and medium
degrees, and a fine of from 325 to 3,250 pesetas.
ART. 208. The public official who, not being a judicial authority,
and not being authorized therefore by a law or provision of a general
character, shall detain private correspondence intrusted to the mails,
shall incur a fine of from 325 to 3,250 pesetas.
ART. 209. The public official who, not being a judicial authority,
shall open private correspondence intrusted to the mails, shall incur
the penalty of suspension in its medium and maximum degrees and a
fine of from 625 to 6,250 pesetas.
The public official who shall open a telegraphic message intrusted
to him for delivery at a domicile shall incur the same penalty.
ART. 210. The public official who shall extract letters from the
mails shall be punished with the penalty of temporary absolute dis-
qualification in its minimum and medium degrees, and a fine of from
1,250 to 12,500 pesetas.
ART. 211. The public official who, without being authorized by law
or by regulations of a general character in force in the Philippines,
shall banish a person to a distance greater than 200 kilometers from
his domicile, unless by virtue of a judicial sentence, shall incur the
penalty of a fine of from 325 to 3,250 pesetas.
The public official who, without being expressly authorized by law
or by regulations of a general character in force in the Philippines,
shall compel a person to move his domicile or residence, shall be pun-
ished with the penalty of banishment and a fine of from 625 to 6,250
pesetas.
ART. 212. The public official who, without being authorized by law
or by regulations of a general character in force in the Philippines,







shall incur, in their respective cases, the penalty of suspension in its
maxinmun degree to temporary absolute disqualification in its medium
degree and a fine of from 325 to 3,250 pesetas; and if it should have
exceeded said period, that of temporary absolute disqualification in its
nmxiumn degree to perpetual absolute disqualification and a fine of
1'roi 1,250 to 12,500 pesetas.
ART. 203. The following shall incur the penalties of suspension in
its minimum and medium degrees and a fine of from 325 to 3,250
piesetas:
1. The public official who, not being a judicial authority and the
constitutional guaranties not having been suspended, shall enter the
domicile of a Spaniard or foreigner without his consent, except in the
cIases and in the manner expressly prescribed by law.
2. The public official who, without being authorized by law and not
being a judicial authority, and the constitutional guaranties likewise
not being suspended, shall make a search through the papers of a
Spaniard or of a foreigner and the effects which may be found in his
domicile, unless their owner should have given his consent.
If he should not return at once to the owner the papers and effects
thus examined immediately after making the search, the penalty shall
he that next higher in degree.
I f the crimes punished in the two preceding numbers should be com-
iitted at night, the penalties shall be those of suspension in its medium
and maximmn degrees and a fine of from 625 to 6,250 pesetas, reserv-
inM the provisions of the second paragraph of No. 2, with regard to
which the penalty shall be that next higher in degree than those
prescribed therein.
Alir. 204. The public official who, on the occasion of a search
through the papers and effects of a person, shall commit any other
unjust vexation against persons or wanton damage to their property,
shall likewise incur the penalties of suspension in its minimum and
medium degrees and a fine of from 325 to 3,250 pesetas.
I he should remove such property and appropriate it to himself, he
shall be punished as guilty of the crime of robbery with violence
against the person.
Alr. 205. The judicial authority who, with the exception of the
Leases prescribed and in violation of the forms established by law, and
the constitutional guaranties not being suspended, should enter by
night the domicile of a Spaniard or foreigner without his consent,
shall incur the penalty of suspension in its minimum and medium
degrees and a fine of from 325 to 3,250 pesetas.
Aur. 206. The same penalty shall be incurred by any authority who
shall make an examination of papers and effects in the domicile of a
Spaniard or foreigner, unless in the presence of the interested person
or in that of a member of his family, or, in their absence, in that of
two witnesses from the same locality.






shall expel from the islands any person, unless by virtue of a sentence
of deportation or banishment, shall be punished with the penalty of
confinamiento and a fine of from 1,250 to 12,500 pesetas.
ART. 213. A public official who orders the payment of a general,
provincial, or municipal tax not legally authorized, shall be punished
with the penalty of suspension in its maximum degree to temporary
absolute disqualification in its minimum degree and a fine of from 625
to 6,250 pesetas.
ART. 214. Public officials who should exact the payment of unau-
thorized taxes referred to in the foregoing article, shall incur the
penalty of suspension in its medium and maximum degrees, and a fine
of from 625 to 6,250 pesetas.
If such exaction should have been consummated, the fine shall be
increased by an amount equal to up to three times that of the amount
collected.
If the exaction should have been effected by employing compulsion
or any other means of coercion, the penalty shall be that of temporary
absolute disqualification and the aforesaid fine.
ART. 215. If the amount collected should not have been paid accord-
ing to its character into the proper treasury by the fault of the person
who may have collected it, he shall be punished as a swindler, by the
maximum degree of the proper punishment therefore.
ART. 216. The authorities who shall give their aid and cooperation
to the officials referred to in the two preceding articles, shall incur the
penalties of temporary absolute disqualification and a fine of from 325
to 3,250 pesetas.
If they should have received profits from the amounts collected,
they shall be punished as equal principals in the crime punished in
the preceding article.
ART. 217. The public official who shall condemn the property of a
person, unless by virtue of a mandate from the competent authority
for reasons of public utility, before proper indemnification has been
made therefore, shall incur the penalties of suspension in its medium and
maximum degrees, and a fine of from 625 to 6,250 pesetas.
He who shall disturb any person in the possession of his property
unless by virtue of a judicial writ, or a mandate from the competent
authority, issued in accordance with the express provisions of law, shall
incur the same penalty.
ART. 218. The following shall be punished with the penalties of
suspension in its minimum and medium degrees, and a fine of from 325
to 3,250 pesetas:
1. The public official who, not duly authorized, should forbid or
prevent a person, neither under arrest nor a prisoner, from attending
any meeting allowed or authorized by the laws and regulations.
2. The public official who, under the same conditions as of the pre-







ART. 207. The public official who, not being a judicial authority,
shall detain private correspondence intrusted to the mails shall incur a
fine of from 325 to 3,250 pesetas.
ART. 208. The public official who, not being a judicial authority,
shall open private correspondence intrusted to the mails shall incur a
fine of from 325 to 3,250 pesetas.
The public official who shall open a telegraphic message intrusted to
him for delivery at a domicile shall incur the same penalty.
ART. 209. The public official who shall extract letters from the mails
shall be punished with the penalty of a temporary absolute disqualifi-
cation in its minimum and medium degrees and a fine of from 1.250 to
12,500 pesetas.
ART. 210. The public official who, without being expressly author-
ized by law, and the constitutional guaranties not being suspended,
shall banish a person to a distance greater than 250 kilometers from
his domicile, unless by virtue of a judicial sentence, shall incur the
penalty of a fine of from 325 to 3,250 pesetas.
The public official who, without being expressly authorized by law.
and the constitutional guaranties not being suspended, shall compel a
person to move his domicile or residence, shall be punished with the
penalty of banishment and a fine of from 6.25 to 6,250 pesetas.
ART. 211. The public official who, without being authorized by law,
shall deport or exile from the territory of the kingdom any person,
unless by virtue of a final sentence, shall be punished with the pen-
alty of co.ifitwiiunt( and a fine of from 1,250 to 12,500 pesetas.
ART. 212. A public official who orders the payment of a general,
provincial, or municipal tax not legally authorized shall be punished
with the penalty of suspension in its maximum degree to temporary
absolute disqualification in its minimum degree and a fine of from (625
to 6,250 pesetas.
ART. 213. The public officials who shall exact from taxpayers to
the State, province, or municipality the payment of taxes not author-
ized according to their respective classes by the Cortes, the provin-
cial deputation, or the municipal council, shall incur the penalty of
suspension in its medium and maximum degree to temporary abso-
lute disqualification in its medium degree and a fine of from 625 to
*;,2.'. pesetas.
If such exaction should have been consummated, the fine shall be an
amount equal to three times that of the amount collected.
If the exaction should have been effected by employing compulsion
or any other means of coercion, the penalty shall be that of temporary
absolute disqualification and the aforesaid fine.
AnT. 214. If the amount collected should not have been paid accord-
ing to its character into the treasury of the province or municipality
by the fault of the person who may have collected it, he shall be pun-





' 55


ceding articles, should prevent or forbid a person to address, either
by himself or together with others, petitions to the Cortes, the King,
or the authorities, unless it should have been forbidden them by law.
SECTION III.-Crimes ihn connection with religion and worsidp.
ART. 219. Those who by violence, disorderly conduct, threats, or
tumults prevent, interrupt, or disturb the functions, acts, ceremonies,
or manifestations of the religion of the State shall be punished with
the penalty of prison correctional and a fine of from 65 to 650 pesetas,
if the crime were committed in churches, chapels, or places devoted
to worship; and with that of arrest mayor to prisi6n correctional
in its minimum degree, and a fine of from 50 to 500 pesetas should
the offense be committed in any other place.
ART. 220. He who with the intention of offending the Catholic reli-
gion shall trample, cast on the ground, or in any other manner pro-
fane the sacred elements of the Eucharist, shall be punished with the
penalty of prision 'mayor.
ART. 221. Those who in offense of the State religion shall trample,
destroy, break, or profane sacred objects devoted to worship,
within churches or without them, shall incur the penalty of prisidn
co'peccional.
ART. 222. He who with deliberate intention ridicules the Catholic
religion by word or writing, publicly contemning its dogmas, rites, or
ceremonies, shall be punished with the penalty of arrest mayor to
prisioSn correctional in its minimum degree, if the deed should have
occurred in churches or on the occasion of acts of worship, and with
that of arrest mayor if the crime should have been committed in other
places and not on the occasion of such acts of worship.
ART. 223. He who by means of menaces, violence, or other lawless
coercion shall force any person to perform acts of worship, or prevent
him from performing them, shall incur the penalty of prisidn correct
c'onal in its medium and maximum degrees and a fine of from 625 to
6,250 pesetas.
ART. 224. Those who, by employing the means mentioned in article
219, shall prevent or disturb the worship and the rites of the Catholic
religion within the precincts of the cemeteries, shall be punished with
the penalty of arrest mayor.
ART. 225. The penalty of arrest mayor in its minimum degree
shall be incurred by those who, making use of the same means as those
enumerated in article 219, shall prevent persons from performing the
acts of worship of a religion which is not the Catholic one, within the
cemeteries or other precincts authorized or which may be authorized
hereafter.
ART. 226. Those who shall publicly perform acts of propaganda,
preaching or other ceremonies which are not those of the religion of






I -nd n- a swindler by the maximum degree of the proper punishment
t l'cfot.
A wr. 21. The authorities who shall give their aid and cooperation
ti th1. officials referred to in the two preceding articles shall incur
iI. penalties of temporary absolute disqualification and a tine of from
i':. to :3,'50 pesetas.
I' ithey should have received profits from the amounts collected,
thll.\ h -Ill be punished as equal principals in the crime punished in the
pircedling article.
A.\m:. 21;. The public official who shall condemn the property of
in p.r-,n, unless by virtue of a mandate from the competent author-
iti.., for reason of public utility, before proper indemnification made
(In-refor. -hall incur the penalties of suspension in its medium and
ii.ixiIl Iium degrees and a fine of froni 625 to 6,250 pesetas.
If IIt.. hall disturb any person in the possession of his property,
11111. 1l virtue of a judicial writ or a mandate from the competent
.ill hioritv. issued in accordance with the express provisions of the laws,
I1.. -hall incur the same penalty.
A.\:r. -217. The following shall be punished with the penalties of
-I'.pii''ini in its minimum and medium degreesand a fine of from 325
ti, :;.-',,I pI sets:
1. 'Th. public official who, the constitutional guaranties not being
-n .il,.lI., should forbid or prevent a person, neither under arrest
i.,r :i prisoner, from attending any meeting or demonstration that is
I, h::l iin ;mrcordance to law.
-'I. TIi public official who, under the same conditions, should pre-
S l nt or prohibit a person from forming part of any association,
v 111l.- it he one of those included in article 186 of this code.
5 ::. T'he public official who, under the same conditions as of the pre-
S-.ling articles, should prevent or forbid a person to address, either
o 1 Iiit-r.If or together with others, petitions to the Cortes, the King,
r- r tli authorities, unless it should have been forbidden to them by

l Ain. 218.. A public official who, being neither authorized by law
o iii.l the- constitutional guaranties not being suspended, shall in any
t. mniiinic whatsoever prevent the holding of a peaceful meeting or demon-
-t:ltion of which he had official notice, or the foundation of any asso-
ai 'itiinm not included in article 186 of this code, or the holding of its
Iin.-.tiing unless it be those in which any of the crimes punished in
o0, T itll 111, Book II of the same, should have been committed, shall incur
Lr.\ t1 p.-nalty of suspension in its medium and maximum degrees and a
tinl,- of from 625 to 6,250 pesetas.
r.l. A Ti. 219. The public official who, not being authorized by a law
it. aiind the constitutional guaranties not being suspended, shall order the
un dli-.olition of any meeting or pacific demonstration, or the suspension







the State, shall incur the penalty of prisidn correctional in its mini-
mum degree.
The provisions contained in articles 219, 222, 224, 225, and in the
first paragraph of this article, are understood without prejudice to the
general provisions relating to public order and those of the police.
ART. 227. The provisions contained in this section shall be under-
stood without prejudice to what is prescribed with regard to foreigners
residing in the Philippine Islands in proclamations or regulations in
force, or by virtue of customs legally authorized by the general gov-
ernment of said islands.
SECTION IV.-Provisions common to the three preceding sections.

ART. 228. The provisions of this chapter shall be understood with-
out prejudice to those of other chapters of this code which prescribe
a higher penalty for any of the acts included in the three preceding
sections.
TITLE III.
CRIMES AGAINST PUBLIC ORDER.
CHAPTER I.

REBELLION.

ART. 229. Those who shall rise publicly and with open hostility
against the Government, for any of the following purposes, are guilty
of rebellion:
1. To proclaim the independence of any part of the territory
included under the denomination of the Philippine Islands. (See
page 127.)
2. To dethrone the King, or depose the Regent or Regency of the
Kingdom, or deprive them of their personal liberty, or oblige them
to execute an act contrary to their will.
3. To commit any of the crimes specified in article 165.
4. To substract the Kingdom, or a part of it, or any body of land
or naval troops, or any other class of armed force, from its obedience
to the Supreme Government.
5. To use and exercise the constitutional prerogatives of the min-
isters of the Crown, or to despoil them thereof, or hinder or curtail
the free exercise of the same.
ART. 230. Those who, by inciting the rebels and making them
resolute, shall have promoted and sustained the rebellion, begun for
the purposes mentioned in No. 1 of the preceding article, and its prin-
cipal chiefs, shall be punished with the penalty of cadena perpetual to
death, and in other cases with that of reclusid~ temporal in its maxi-
mum degree to death.
ART. 231. Those who exercise a subaltein command in a rebellion







of any association not included in article 186 of this code, shall be pun-
ished with the penalty of suspension in its maximum degree, to tem-
porary absolute disqualification in its minimum degree, and a fine of
from 625 to 6,250 pesetas.
ART. 220. The public official who does not bring to the notice of
the judicial authorities his suspension of an unlawful association or the
meeting of any other association whatsoever, and the reasons of the
suspension ordered, within the twenty-four hours following his action,
shall incur the penalty of suspension in its medium and maximum
degrees and a fine of from 625 to 6,250 pesetas.
ART. 221. The same penalties shall be incurred by the public official
who shall order the closing or dissolution of any private educational
institution, unless for sufficient reasons of hygiene or morals or other
causes expressly provided by law, and he who shall not inform the
judicial authorities of such closing or dissolution within the twenty-
four hours following its having taken place.
ART. 222. The penalty of banishment shall be incurred by the pub-
lic official in its minimum and medium degrees, who without having
demanded two successive times the dissolution of any meeting or demon-
stration, or the suspension of the session of an association, should
employ force to dissolve or suspend it, unless there should have been
previous violent aggression on the part of those taking part in the
meeting, demonstration, or session of the association.
If slight injuries should result from the employment of force to one
or more of those present, the penalty shall be that of banishment in
its medium and maximum degrees and the same tine.
If the injuries should be grave, the penalty shall be that of conflna-
miento in its minimum and medium degrees and a fine of from 1,250
to 12,500 pesetas.
If death should have resulted therefrom, the penalty shall be that of
confinamiento in its maximum degree to ,rlec'inc< tcmporl, and a fine
of from 3,125 to 31,250 pesetas.
ART. 223. A public official who, after a meeting or demonstration
has been dissolved or any association or its meetings suspended, should
refuse to give information to the judicial authority requesting it, of
the causes which gave rise to said dissolution or suspension, shall be
punished with the penalty of temporary absolute disqualification and
a fine of from 625 to 6,250 pesetas.

SECTION III.- Crili.es violation of the conititutLinal -rovwions
relating to religion and iwncrhip.

ART. 224. Those who by violence, disorderly conduct, threats, or
tumults, prevent, interrupt, or disturb the functions, acts, ceremonies,
or manifestations of the religion of the State shall be punished with
the penalty of prisidn correccional and a fine of from 65 to 650 pesetas






organized to commit the crime referred to in number 1 of article 229
shall incur the penalty of cadenaperpetua to death, if they were per-
sons filling a civil or ecclesiastical office.
Those who exercise a subaltern command in a rebellion, the purpose
of which is to commit any crime mentioned in the other numbers of
article 229, shall incur the penalty of reclusidn temporal in its maxi-
mum degree to death; and that of reclusidn temporal if said purpose
were not included in any of them.
ART. 232. The mere participants in a rebellion shall be punished
with the penalty of recltusin temporal to its fullest extent in the cases
mentioned in the first paragraph of No. 2 of article 174, and with that
of prisidn mayor in its medium degree to recluh idn temporal in its mini-
mum degree, should they not be included therein.
ART. 233. If the rebellion should not have been organized by
known leaders, those who, in fact, lead the others or speak for them,
or sign the receipts or other documents in their name, or exercise
other similar acts in representation of the others, shall be considered
leaders.
ART. 234. The following shall be punished as rebels, with the pen-
alty of prison mayor:
1. Those who, without rising against the Government, commit by
craft or any other means whatsoever the crimes included in article
229.
2. Those who seduce troops or other class of land or naval armed
force into committing the crime of rebellion.
If the rebellion actually takes place, the seducers shall be considered
promoters thereof and shall suffer the penalty prescribed in article
230.
ART. 235. Conspiracy to commit the crime of rebellion shall be
punished with the penalty of prisidn correctional in its medium and
its maximum degrees.
The proposal to do so shall be punished with that of recluidn tem-
poral in its minimum and medium degrees.

CHAPTER II.-Sedition.

ART. 236. Those who shall rise publicly and tumultuously in order
to attain by force or outside of legal methods any of the following
objects are guilty of sedition:
1. To prevent the promulgation or execution of laws, or the free
holding of popular elections in any province, circumscription, or elec-
toral district.
2. To prevent any authority, corporation, official, or public officer
from freely exercising his duties or the execution of his judicial or
administrative orders.







if the crime were committed in churches, chapels, or places devoted
to worship; and with that of ar'esto mayor to prisiun correctional in
its miniumnun degree, and a fine of from 50 to 500 pesetas if the offense
be committed in any other place.
ART. 225. He who with the intention of offending the Catholic reli-
gion should trample, cast on the ground, or in any other manner pro-
faLi the sacred elements of the Eucharist shall be punished with the
penalty of pr;imLn mtayor.
ART. 226. Those who in offense of the State religion shall trample,
destroy, break, or profane sacred objects devoted to worship within
churches or without them, shall incur the penalty of prWsidn cor-

ART. 227. He who with deliberate intention makes ridicule of the
Catholic religion by word or writing, publicly contemning its dogmas,
rites, or ceremonies, shall be punished with the penalty of arrest mayor
to pi/io'n; ce'eccional in its minimun degree if the deed should have
occurred in churches or on the occasion of acts of worship; and with
that of arrest mayor if the crime should have been committed in
other places and not on the occasion of such acts of worship.
ART. 228. He who shall practice outside the precincts devoted to
worship other than that of the Catholic religion public ceremonies or
celebrations belonging to the same, shall incur the penalty of confina-

For the purposes of this article the respective cemeteries of the dis-
senting religions shall be considered as precincts similar to those
wherein they worship.
ART. 229. He who shall physically maltreat a minister of the Catho-
lic religion while performing the offices of his ministry shall incur
the penalty of prisid~ corr'eccional.
lHe who shall offend under similar circumstances by word or ges-
tures shall be punished with the penalty of arresto mayor in its
medium degree to prisi'dn correctional in its maximum degree.
ART. 230. He who by means of threats, violence, or other lawless
coercion shall force any person to perform acts of worship or to
attend the rites of a religion not his own, shall incur the penalty of
jpri0nn correctional in its medium and maximum degrees and a fine
of from 625 to 6,250 pesetas.
ART. 231. He who by the same means shall prevent any person
from performing the acts of worship of the religion which he pro-
fesses, or from attending its rites, shall incur the penalties prescribed
in the preceding article.
ART. 232. The following shall incur the penalty of arrest mayor
in its maximum degree to prisihn correcciontl in its minimum degree
and a fine of from 300 to 3,000 pesetas:
1. He who by the means mentioned in the preceding article shall







3. To wreak any deed of hate or revenge upon the person or prop-
erty of any authority or its agents.
4. To wreak, with a political or social object, any deed of hate or
revenge upon individuals or upon any class in the State.
5. To despoil, with a political or social object, any class of persons,
the municipality, the province, or the State of all or any part of their
property, or to lay waste or destroy such property.
ART. 237. Those who, by inciting the seditious and making them
resolute, shall have promoted and supported sedition, and its principal
leaders, shall be punished with the penalty of redclumin temporal should
they be included in any of the cases specified in the first paragraph of
No. 2 of article 174, and with that of prisida mIayor should they not
he included in any of these.
ART. 238. Mere participants in sedition shall be punished with the
penalty of prli in, corrcw,,al in its medium and maximum degrees in
the cases specified in the first paragraph of No. 2 of said article 174,
and with that of jprixil correccional in its minimum and medium
degrees if not included therein.
ART. 239. The provisions of article 233 are applicable to the case of
sedition which has not been organized by known leaders.
ART. 240. A conspiracy to commit the crime of sedition shall be
punished with the penalty of arre sto mayor to prixiiin colrreccimtl in
its minimum degree.
ART. 241. Those who shall seduce troops, or any other class of land
or naval armed forces whatsoever, to commit the crime of sedition shall
be punished with the penalty of prison, crrrccional in its medium
and maximum degrees.
If the sedition should have been effectual, the seducers shall be con-
sidered as promoters thereof and shall suffer the penalty prescribed in
article 237.
ART. 242. If the sedition should not have reached the point of
embarrassing in a serious manner the exercise of public authority, nor
having caused the perpetration of any other grave crime, the courts
shall reduce the penalties prescribed in this chapter by one or two
degrees.

CHAPTER III:
PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERS.

ART. 243. The courts shall reduce by one or two degrees the pen-
alties prescribed in the two preceding chapters in the case of rebels
and seditious persons who may disband or submit to the lawful author-
ities at the first summons to do so, provided that they were not public
employees.
ART. 244. Individual crimes committed during a rebellion or sedi-







force any person to perform the acts of worship or attend the rites
of a religion which he himself professes.
2. He who by the same means shall prevent any person from
observing the religious festivals of his sect.
3. He who by the same means shall prevent any person from open-
ing his shop, warehouse, or other establishment, or force him to
abstain from any work of whatsoever nature on stated religious
festivals.
The provisions of the foregoing paragraph shall be understood
without prejudice to the general or local police regulations or of pub-
lic order.
ART. 233. Those who by the employment of the means mentioned
in article 224 shall prevent or disturb the acts of worship or the cere-
monies of a religion distinct from the Catholic religion within its pre-
cincts or cemeteries, respectively, shall be punished with the penalty
of a(rreto mayor.
ART. 234. He who shall physically maltreat a minister of any
religion other than the Catholic religion while exercising his func-
tions shall be punished with the penalty of arresto mayor in its
medium and maximum degrees to prisidn correccimaal in its minimum
degree.
Offense by speech, under similar circumstances, shall be punished
with the penalty of arrest mayor.
ART. 235. He who shall publicly ridicule any of the dogmas or
ceremonies of a religion that has adherents in Spain shall be punished
with a fine of from 325 to 3,250 pesetas.

SECTION IV.-Provisions common < to the three preceding actionss.

ART. 236. The provisions of this chapter shall be understood without
prejudice to those of other chapters of this code which prescribe a
higher penalty for any of the acts included in the three preceding
sections.

TITLE III.

CRIMES AGAINST PUBLIC ORDER.

CHAPTER 1.

REBELLION.

ART. 237. Those who shall rise publicly and with open hostility
against the Government for any of the following purposes are guilty
of rebellion:
1. To proclaim the independence of the islands of Cuba and Porto
Rico, or either of them.






tion, or on the occasion thereof, shall be respectively punished accord-
ing to the provisions of this code.
If the authors thereof can not be discovered, the principal leaders
of the rebellion or sedition shall be punished as such.
ART. 245. The authorities directly appointed by the Government
who shall not have resisted the rebellion or sedition by all the means
within their power shall suffer the penalty of temporary to perpetual
absolutee disqualification.
Those not directly appointed by the Government shall suffer the
penalty of suspension in its maximum degree to temporary absolute
disqualification in its medium degree.
ART. 246. The employees who continue to discharge their duties
under the orders of those in uprising, or who, without having had
their resignation from office accepted, abandon it when there is danger
of rebellion or sedition, shall incur the penalty of temporary special
disqualification.
ART. 247. Those who shall accept office from rebels or seditious
persons shall be punished with the penalty of temporary absolute dis-
qualification for public office in its minimum degree.
ART. 248. The penalties of pr'iiln mayor and priAid;n corrcciomal,
which are imposed for the crimes included in Chapters I and II, shall
be served in institutions within or without the Philippine Islands.

CHAPTER IV.
CRIMINAL ATTEMPTS AGAINST THE AUTHORITIES AND THEIR AGENTS,
RESISTANCE AND DISOBEDIENCE.

ART. 249. The following commit criminal attempt:
1. Those who, without a public uprising, employ force or intimida-
tion for any of the purposes mentioned under the crimes of rebellion
and sedition.
2. Those who attack the authorities or their agents, or employ
force against them, or gravely intimidate them, or offer an equally
grave resistance while they are discharging the functions of their
office or on the occasion thereof.
ART. 250. The criminal attempts included in the preceding article
shall be punished with the penalties of priaidn correccional in its
medium degree to prisidn mayor in its minimum degree, and a fine of
from 625 to 6,250 pesetas, provided that any of the following circum-
stances are attendant:
1. If the aggression were accomplished by weapons.
2. If those guilty thereof were public officials.
3. If the delinquents laid hands upon the authorities.
4. If in consequence of compulsion the authorities should have
yielded to the exactions of the delinquents.







2. To dethrone the King, or depose the Regent or Regency of the
Kingdom, or deprive them of their personal liberty, or oblige them to
execute an act contrary to their will.
:. To prevent the holding of elections for deputies to the Cortes or
Senators in the whole Kingdom, or the lawful assemblage of the same.
4. To dissolve the Cortes or prevent the deliberations of either of
tlw colegislative bodies, or to force them to adopt any resolution.
5. To commit any of the crimes specified in article 163.
t;. To subtract the Kingdom, or a part of it, or any body of land or
naval troops, or any other class of armed force from its obedience to
the Supreme Government.
7. To use and exercise the constitutional prerogatives of the minis-
ters of the Crown, or to despoil them thereof, or hinder or curtail
their free exercise of the same.
ART. 238. Those who by inciting the rebels and making them reso-
lute shall have promoted and sustained the rebellion, begun for the
purpose mentioned in No. 1 of the preceding article, and its principal
chiefs, shall be punished with the penalty of cadena perpetua to death;
and in other cases with that of rechusidn temporal in its maximum
degree to death.
ART. 239. Those who exercise a subaltern command in a rebellion
organized to commit the crime referred to in No. 1 of article 237 shall
incur the penalty of cadena perpetual to death, if they were persons
tilling a civil or ecclesiastical office.
ART. 240. Those who exercise a subaltern command in a rebellion,
the purpose of which is to commit any crime mentioned in the other
numbers of article 237, shall incur the penalty of reclusidn temporal
in its maximum degree to death, and that of recluiidn temporal if said
purpose were not included in any of them.
AnT. 241. The mere participants in a rebellion shall be punished
with the penalty of reclusidn temporal in its fullest extent in the cases
mentioned in the first paragraph of No. 2 of article 172, and with that
of prj'iibsn mayor in its medium degree to reclusi6n temporal in its
minimum degree, should they not be included therein.
ART. 242. If the rebellion should not have been organized by known
leaders, those who in fact lead the others, or speak for them, or sign the
receipts or other documents in their name, or exercise other similar
acts in representation of the others, shall be considered leaders.
ART. 243. The following shall be punished as rebels, with the penalty
of prisin mayor:
1. Those who, without rising against the Government, commit by
craft or any other means whatsoever the crimes included in article 237.
2. Those who seduce troops or other class of land or naval armed
force into committing the crime of rebellion.
If the rebellion actually takes place, the seducers shall be considered
promoters thereof and shall suffer the penalty prescribed in article 238.






Without these circumstances the penalty shall be prisi6n correc-
conal in its minimum to its medium degree and a fine of from 375 to
3,750 pesetas.
ART. 251. The penalty prescribed in the last paragraph of the fore-
going article shall be imposed in its maximum degree upon culprits,
if they employ the force or intimidation mentioned in number 1 of
article 249 for the purpose mentioned in number 1 of article 229, or
if they should have laid hands upon persons who may have come to
the assistance of the authorities, or upon their agents, or upon public
officials.
ART. 252. The persons who, without being included in article 249,
should resist the authorities, or their agents, or should grossly dis-
obey them in the performance of the duties of their office, shall be
punished with the penalties of arrest mayor and a fine of from 325
to 3,250 pesetas.
CHAPTER V.

ACTS OF DISRESPECT, INSULTS, ACTS OF CONTUMELY AND THREATS
AGAINST AUTHORITIES, AND INSULTS, ACTS OF CONTUMELY, AND
THREATS AGAINST THEIR AGENTS AND OTHER PUBLIC OFFICIALS.

ART. 253. The following commit an act of disrespect:
1. Those who, while a minister of the Crown or an authority is in
the exercise of his functions or on the occasion thereof, shall culum
niate, outrage, or insult him by deed or word, in his presence or in a
writing addressed to him, or who shall threaten him.
2. The public official who, while his hierarchical superior is in the
exercise of his office, shall culumniate, outrage, or insult him by deed
or word, in his presence or in any writing addressed to him, or who
shall threaten him.
In consequence of the provisions contained in the two foregoing num-
bers, the publication by the periodical press of the writings mentioned
therein does not constitute in itself the crime of disrespect.
ART. 254. If the calumny, insult, outrage, or threat referred to in
the foregoing article should be grave, the delinquent shall suffer the
penalty of pri;on, correccional in its minimum and medium degrees
and a fine of from 375 to 3,750 pesetas.
If they should be less grave, the penalty shall be that of arrest
mayor in its maximum degree to n'i.ioin cwreccional in its minimum
degree and a fine of from 325 to 3,250 pesetas.
ART. 255. Provocation to fight a duel, even though dissembled or
having an appearance of privacy, shall be considered a grave threat
for the purposes of the foregoing article.
ART. 256. Those who, while a minister of the Crown or an authority
is in the exercise of his functions or on the occasion thereof, shall







ART. 244. Conspiracy to commit the crime of rebellion shall be pun-
ished with the penalty of prisidn carrecciomal in its medium and maxi-
mum degree.
The proposal to do so shall be punished with that of reclusimn tem-
poral in its minimum and medium degree.

CHAPTER II.

SEDITION.

ART. 245. Those who shall rise publicly and tumultuously in order
to attain by force, or outside of legal methods, any one of the follow-
ing objects, are guilty of sedition:
1. To prevent the promulgation or execution of laws, or the free
holding of popular elections in any province, circumscription, or elect-
oral district.
2. To prevent any authority, corporation, official, or public officer
from freely exercising his duties or the execution of his judicial or
administrative orders.
3. To wreak any deed of hate or revenge upon the person or prop-
erty of any authority or its agents.
4. To wreak, with a political or social object, any deed of hate or
revenge upon individuals, or upon any class in the State.
5. To despoil, with a political or social object, any class of persons,
the municipality, the province, or the State of all or any part of their
property, or to lay waste or destroy such property.
ART. 246. Those who by inciting the seditious and making them
resolute shall have promoted and supported sedition and its principal
leaders, shall be punished with the penalty of 'reclusiw t cqmporal,
should they be included in any of the cases specified in the first para-
graph of No. 2 of article 172, and with that of prieslun mayor, if they
are included in none of these.
ART. 247. Mere participants in sedition shall be punished with the
penalty of pr'isin correeieonal in its medium and maximum degrees in
the cases specified in the first paragraph of No. 2 of said article 172,
and with that of prisitm correctional in its minimum and medium
degrees if not included therein.
ART. 248. The provisions of article 242 are applicable to the case of
sedition which has not been organized by known leaders.
ART. 249. A conspiracy to commit the crime of sedition shall be
punished with the penalty of arresto mayor to prisidn cor'rccional in
its minimum degree.1
'See General Order 109, Headquarters Department of Porto Rico, July 31, 1899,
page 143.







calumniate, outrage, or insult him by deed or word, outside his pres-
ence or in a writing not addressed to him, shall be punished with the
penalty of arrest mayor.
ART. 257. The penalty of arrest mayor shall also be imposed on
those who outrage, insult, or threaten, by deed or word, public officials
or agents of the authorities, in their presence or in a writing addressed
to them.
CHAPTER VI.
PUBLIC DISORDERS.

ART. 258. Those who shall raise a tumult or grossly disturb order at
the hearing of a superior or inferior court, at public acts pertaining
to any authority or corporation, at any electoral acts, offices or public
institutions, at public spectacles or solemnities, or a large meeting,
shall be punished with the penalties of arre(to mayor in its medium
degree to p'isi) o corr'ecional in its minimum degree and a fine of
from 375 to 3,750 pesetas.
ART. 259. Those who shall grossly disturb public order in order to
offer an outrage or other wrong to any individual person shall incur
the penalty of arrest mayor.
ART. 260. The penalty of arrecsto mayor to prihsidn correctional in
its minimum degree shall also be imposed, unless a higher penalty is
applicable in accordance with other articles of this code, on those who
shall raise cries provocative of rebellion or sedition at any meeting or
association, or in any public place, or who shall show in the same
places badges or banners which might directly provoke the disturbance
of public order.
ART. 261. Those who shall extricate from jails or penal institutions
any persons detained therein or who facilitate their escape, shall be
punished with the penalty of arrest mayor in its maximum degree
to prisidn correctional in its minimum degree, if they should employ
violence, intimidation, or subornation for the purpose and with the
penalty of arrest mayor should they make use of other means.
If the escape of the prisoner should be effected outside of said insti-
tutions by means of surprising those charged with their conduction,
the same penalties shall be applied in their minimum degree.
ART. 262. Those who shall place obstructions or damage railroad
tracks or obstruct or damage telegraph lines or intercept messages or
correspondence, shall be punished with the penalty of prisi6n correc-
cional in its minimum to its medium degree.
ART. 263. Upon those who destroy or injure pictures, statues, or
any other public monument of usefulness or ornamentation shall be
imposed the penalty of arrest mayor in its medium degree to prisidn
correctional in its minimum degree.







ART. 250. Those who shall seduce troops, or any other class of land
or naval armed forces whatsoever, to commit the crime of sedition,
shall be punished with the penalty of prisidn correctional in its medium
and maximum degree.
If the sedition should have been effectual, the seducers shall be con-
sidered as promoters thereof and shall suffer the penalty prescribed in
article 246.
ART. 251. If the sedition should not have reached the point of
embarrassing in a serious manner the exercise of public authority, nor
having caused the perpetration of any other grave crime, the courts
shall reduce the penalties prescribed in this chapter by one or two
degrees.

CHAPTER III.

PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERS.

ART. 252. The courts shall reduce by one or two degrees the penal-
tics prescribed in the two preceding chapters in the case of rebels and
seditious persons who may disband or submit to the lawful authorities
at the first summons to do so, provided that they were not public
employees.
ART. 253. Individual crimes committed during a rebellion or sedi-
tion, or on the occasion thereof, shall be respectively punished accord-
ing to the provisions of this code.
If the authors thereof can not be discovered, the principal leaders
of the rebellion or sedition shall be punished as such.
ART. 254. The authorities directly appointed by the government
who shall not have resisted the rebellion or sedition by all the means
within their power, shall suffer the penalty of temporary to perpetual
absolute disqualification.
Those not directly appointed by the government shall suffer the
penalty of suspension in its maximum degree to temporary absolute
disqualification in its medium degree.
ART. 255. The employees who continue to discharge their duties
under the orders of those in uprising, or who, without having had
their resignation from office accepted, abandon it when there is danger
of rebellion or sedition, shall incur the penalty of temporary special
disqualification.
ART. 256. Those who shall accept office from rebels or seditious
persons shall be punished with the penalty of temporary absolute dis-
qualification for public office in its minimum degree.
ART. 257. The penalties of prisi4n mayor and prisi~6 correctional,
which are imposed for the crimes included in Chapters 1 and II, shall
be served in institutions within or without the islands of Cuba or
Porto Rico.







CHAPTER VII.
1POVISIONS COMMON TO TIE THREE RECEDING CHAPTERS.

AlT. 264. For the purposes of the articles included in the three
preceding chapters, a person who by himself alone or as a member of
any corporation or tribunal shall exercise special jurisdiction shall be
considered as aln authority.
The officials of the department of public prosecution (mInis'tcr
ifsea) shall also be1 considered authorities.
AUT. 265. If a person committing any of the crimes specified in the
three preceding chapters should be a civil or ecclesiastical authority,
he shall be punished with the maxinnum of the respective penalty and
with temporary absolute disqualification.

TITLE IV.
FALSITIES AND FALSIFICATIONS.

(CHAl TE 1.
FALSIFI(CATION OF THE ROYAL STUNATUTI E OR STAMP, THE SIGNATURE
OF MINISTEI:I. SEALS, AND MARKS.
SECTION I.-1~;dsti'0tl;eion of fi roi/al o./fl firu'e or stamp. aidf the si-
Iatlure of m blisters.
Aur. 266. lHe who shall counterfeit the stamp of the King or of the
regent of the Kingdom, or the signatures of the ministers of the
Crown, shall he punished with the penalty of cdmin temporal.
AlT. 267. lie who shall counterfeit the signature or stamp of the
head of a foreign power or the signature of his ministers, shall be
punished with the penalty of pirsidio mayorr. if the culprit should
have made use in Spain of the counterfeited signature or stamp; and
with that of i,,rwidi o (rre'cciaal in its medium to its maximum degree
if he should have made use thereof outside of Spain.
ART. 268. lie who should knowingly make use of a counterfeited
signature or stamp of the classes referred to in the preceding article.
shall incur the penalty next lower in degree than that prescribed
therein for the counterfeiters.

SECTION Il.---I',l. ./, .'i' AlT. 269. 11' who shall counterfeit the great seal of the State shall
be punished with the penalty of cnadnlr temporal.
He who should knowingly make use of the counterfeit seal of the
State shall he punished with the penalty next lower in degree than
that presrid in t prcried preceding paragraph.








CHAPTER IV.

CRIMINAL ATTEMPTS AGAINST THE AUTHORITIES AND THEIR AGENTS-
RESISTANCE AND DISOBEDIENCE.

ART. 258. The following commit criminal attempt:
1. Those who, without public uprising, employ force or intimida-
tion for any of the purposes mentioned under the crimes of rebellion
and sedition.
2. Those who attack the authorities or their agents, or employ force
against them, or gravely intimidate them. or offer an equally grave
resistance while they are discharging the functions of their office or
on the occasion thereof.
ART. 259. The criminal attempts included in the preceding article
shall he punished with the penalties of prisimn correctional in its
medium degree to pr.isic < nflwyor in its minimum degree, and a fine of
from 625 to 6,250 pesetas, provided that any of the following circum-
stances are attendant:
1. If the aggression were accomplished by weapons.
2. If those guilty thereof were public officials.
3. If the delinquents laid hands upon the authorities.
4. If in consequence of compulsion the authorities should have
yielded to the exactions of the delinquents.
Without these circumstances the penalty shall be prisidn correc-
cional, from its minimum to its medium degree, and a fine of from 375
to 3,750 pesetas.
ART. 260. The penalty prescribed in the last paragraph of the fore-
going article shall be imposed in its maximum degree upon culprits if
they employ the force or intimidation mentioned in number 1 of article
258 for the purpose mentioned in number 1 of article 237, or if they
should have laid hands upon persons who may have come to the assist-
ance of the authorities, or upon their agents, or upon public officials.
ART. 261. The persons who, without being included in article 258,
should resist the authorities or their agents, or should grossly disobey
them in the performance of the duties of their office, shall be punished
with the penalties of arnesto mayor and a fine of from 325 to 3,250
pesetas.

CHAPTER V.

ACTS OF DISRESPECT, INSULTS, ACTS OF CONTUMELY AND THREATS
AGAINST AUTHORITIES; AND INSULTS, ACTS OF CONTUMELY, AND
THREATS AGAINST THEIR AGENTS AND OTHER PUBLIC OFFICIALS.

ART. 262. The following commit an act of disrespect:
1. Those who, while a minister of the Crown or an authority is in






ART. 270. He who shall counterfeit the seal of the State of a foreign
power and make use of it in Spain shall be punished with the penalty
,f pItrtdio mayor and with that of pr~wvWli corretional in its medium
to its maximum degree if he should have made use of it outside of the
Kingdom.
ART. 271. He who. knowing of the falsity of the seals referred to in
the two preceding articles, but without having participated in their
falsification, should avail himself of or use them. shall li punished with
the penalty next lower in degree than that prescribed in the said
articles for the counterfeiters.
ART. 272. The counterfeiting of marks and seals of inspectors of
weights and measures shall be punished with the penalties of jpridio
: ,nyor and a tine of from i625 to 6(2.50 pesetas.
ART. 273. Those who knowingly expose for sale objects of gold or
silver marked with false stamps of assay shall be punished with the
penalty prescribed in the preceding article.
ART. 274. The counterfeiting of the seals used by any authority, tri-
Iunal, official corporation, or public office, shall be punished with the
penalty of prr,,idio o'orrecci, al in its minimum and medium degrees
and a tine of from 375 to 3.750 pesetas.
The mere use of seals of this kind. with knowledge of their falsity.
shall be punished with the same penalties, if gain to the prejudice of
the public funds were intended, otherwise the penalty next lower in
degree shall be imposed on the culprit.
ART. 275. The falsification of the seals. marks, and countersigns
which are employed in the offices of the state in order to identify some
object or to insure the payment of taxes, shall be punished with the
penalties of prejwidi corrercional in its minimum and medium degrees
and a tine of from 375 to 3.750 pesetas.
ART. 276. If the falsifications referred to in the two preceding arti-
cles should have been accomplished without the employment of stamps
or dies or other mechanical instruments used in counterfeiting, the
penalty next lower in degree than those prescribed for such crimes
shall be imposed on the culprit.
ART. 277. The falsification of seals. marks, tickets, or countersigns
which industrial or commercial establishments employ, shall be pun-
ished with the penalties of jn eidio corrccidrnal in its minimum and
medium degrees.
ART. 278. He who shall place on sale objects of commerce, substi-
tuting for the mark or name of the real manufacturer the mark or
name of another fictitious one, shall be punished with the penalty of
r,, 'to mayor and a fine of from 325 to 3,250 pesetas.
ART. 279. He who removes from any seal, ticket, or countersign
the mark or sign that indicates that it had already been used or was
useless for the object of its issue, shall also incur the penalty of arresto
,mayor and a fine of from 325 to 3,250 pesetas.







the exercise of his functions or on the occasion thereof, shall calum-
niate, outrage, or insult him by deed or word, in his presence or in a
writing addressed to him, or who shall threaten him.
2. The public official who, while his hierarchical superior is in the
exercise of his office, shall calumniate, outrage, or insult him by act or
word, in his presence or in any writing addressed to him, or who
shall threaten him.
ART 263. If the calumny, insult, outrage, or threat referred to in the
foregoing article should be grave, the delinquent shall suffer the
penalty of prisidn correcciomal in its minimum and medium degrees
and a fine of from 375 to 3,750 pesetas.
If they should be less grave, the penalty shall be that of arrest
matyor in its maximum degree to prisid~ correctional in its minimum
degree and a fine of from 325 to 3,250 pesetas.
ART. 264. Provocation to fight a duel, even though dissembled or
having an appearance of privacy, shall be considered a grave threat
for the purposes of the foregoing.
ART. 265. Those who, while a minister of the Crown or an authority
is in the exercise of his functions or on the occasion thereof, shall
calumniate, outrage, or insult him by deed or word, outside his presence,
or in a writing not addressed to him, shall be punished with the penalty
of arrest mayor.
ART. 266. The penalty of arrest mayor shall also be imposed on
those who outrage, insult, or threaten, by act or word, public officials
or agents of the authorities, in their presence or in a writing
addressed to them.

CHAPTER VI.

PUBLIC DISORDERS.

ART. 267. Those who shall raise a tumult or grossly disturb order
at the hearing of a superior or inferior court at the public acts
pertaining to any public authority or corporation at any electoral col-
lege, offices, or public institutions, at public spectacles or solemnities,
or a large meeting, shall be punished with the penalties of arrest
mayor in its medium degree to prisidn correctional in its minimum
degree and a fine of from 375 to 3,750 pesetas.
Those who shall cause a tumult or grossly disturb order on farms or
plantations by refusing to work or by disobeying or resisting the per-
sons in charge of their direction or management shall incur the same
penalties.
ART. 268. Those who shall grossly disturb public order in order to
offer an outrage or other wrong to any individual person shall incur
the penalty of arrest mayor.




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