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Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES Article 3. - Acts and omissions punishable by law are felonies (delitos). By any person committing a felony (delito) although the wrongful act done be different from that which he intended. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). - Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. - Consummated felonies as well as those which are frustrated and attempted, are punishable. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. - It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. - In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: Article 39. - If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. - Penalties in which other accessory penalties are inherent Article 40. - The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon. Reclusion perpetua and reclusion temporal; Their accessory penalties. - The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. - Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. - The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.

When they are recidivists or have been convicted previously twice or more times of any crime; and 2. Effects of the penalties of perpetual or temporary absolute disqualification.The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage.- The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. - The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. - The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. Confiscation and forfeiture of the proceeds or instruments of the crime.That the evil sought to be avoided actually exists; Second. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Any person who act under the compulsion of irresistible force. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. That the offender is under eighteen year of age or over seventy years. That the offender had no intention to commit so grave a wrong as that committed. That sufficient provocation or threat on the part of the offended party immediately preceded the act. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8. There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. That the crime be committed after an unlawful entry. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. They are the relationship, intoxication and the degree of instruction and education of the offender.That the injury feared be greater than that done to avoid it; Third. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. That advantage be taken by the offender of his public position. That the crime be committed in contempt or with insult to the public authorities. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. That the act be committed with abuse of confidence or obvious ungratefulness. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. That the crime be committed in consideration of a price, reward, or promise. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. That the act be committed with evidence premeditation. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

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