What Does Federal Law Say About Departmental Accountable Officials?

What Does Federal Law Say About Departmental Accountable Officials
Decision Matter of: Department of Defense Accountable Officials—Local Nationals Abroad File: B-305919 Date: March 27, 2006 The Department of Defense may use appropriated funds to employ foreign local nationals as Departmental Accountable Officials under 10 U.S.C.

Sect.2773a even though foreign local nationals may not be subject to pecuniary liability under United States law. The Department of Defense should formulate a written policy addressing the consideration and circumstances under which local nationals may serve as Departmental Accountable Officials. DECISION A certifying officer at the headquarters of U.S.

Army Materiel Command Europe has requested an advance decision under 31 U.S.C. sect.3529 regarding the propriety of using appropriated funds to employ foreign local nationals as Departmental Accountable Officials under 10 U.S.C. sect.2773a. E-mail from Jerome J.

Markiewicz to U.S. Government Accountability Office Redbook Queries, June 6, 2005 (Markiewicz e-mail). The certifying officer’s inquiry stems from the fact that under treaties and other agreements between the United States and foreign governments, foreign local nationals employed by the United States abroad may not be subject to United States law that might otherwise pertain to their employment.

One such law is 10 U.S.C. sect.2773a, which authorizes the Secretary of Defense to designate civilian employees of the Department of Defense (DOD) as Departmental Accountable Officials. Employees so designated are liable for fiscal irregularities in the same manner as certifying and disbursing officers.10 U.S.C.

Sect.2773a(c)(2). In light of the possibility that foreign local nationals’ employment abroad might not be subject to section 2773a and the accountability it imposes, the certifying officer asks whether DOD may use appropriated funds to employ foreign local nationals as Departmental Accountable Officials.

We conclude that even though foreign local nationals serving as Departmental Accountable Officials may not be subject to the accountability normally coupled with such positions, DOD may use appropriated funds to employ foreign local nationals as Departmental Accountable Officials abroad.

  • We caution, however, that DOD should craft a written policy detailing the circumstances, if any, under which local nationals should be placed in positions of accountability.
  • BACKGROUND An accountable officer is any government officer or employee who by reason of his or her employment is responsible for government funds.

B-304233, Aug.8, 2005. Accountable officers are strictly liable for fiscal irregularities associated with the funds for which they are responsible.62 Comp. Gen.476, 479-80 (1983). The ranks of accountable officers include certifying officers, disbursing officers, collecting officers, and other employees having custody of government funds.

  • In 2002, Congress authorized the Secretary of Defense to create another accountable position by adding section 2773a to title 10 of the United States Code.
  • Bob Stump National Defense Authorization Act for Fiscal Year 2003, Pub.L.
  • No.107-314, div.
  • A, title X, sect.1005(a), 116 Stat.2458, 2631 (Dec.2, 2002).

Under section 2773a, the Secretary of Defense may designate those civilian employees of DOD as Departmental Accountable Officials who provide to DOD certifying officers –information, data, or services that are directly relied upon by the certifying official in the certification of vouchers for payment.— 10 U.S.C.

sect.2773a(b)(1). DOD’s Financial Management Regulation (FMR) lists functions that are to be performed by Departmental Accountable Officials. Department of Defense Financial Management Regulation 7000.14-R, vol.5, ch.33, Departmental Accountable Officials, Certifying Officers and Review Officials (April 2005).

These include execution of purchase card programs, authorization of travel orders, and preparation of contract modifications. Id. The FMR notes that the list of functions is not exhaustive. Id. The Secretary of Defense may not designate as Departmental Accountable Officials individuals who are otherwise accountable, such as certifying or disbursing officers.10 U.S.C.

  • Sect.2773a(b)(2).
  • Departmental Accountable Officials are pecuniarily liable for illegal, improper, or incorrect payments resulting from their fault or negligence.10 U.S.C.
  • Sect.2773a(c).
  • The FMR directs that individuals designated as Departmental Accountable Officials sign DOD Form 577, which acknowledges their personal pecuniary liability to the United States.

DOD-FMR 7000.14-R. Such liability is joint and several with the certifying or disbursing officer who makes a payment based on the Departmental Accountable Official’s erroneous information, 10 U.S.C. sect.2773a(c)(3), and is the same as that incurred by certifying and disbursing officers government-wide under subtitle III of title 31 of the United States Code.

  • Thus, even though Departmental Accountable Officials under section 2773a do not handle government funds or certify their payment, they share personal liability with certifying or disbursing officers of DOD for improper payments if their negligence or fault is a contributing factor.
  • Agencies of the federal government are generally authorized to hire nationals of foreign countries to staff their operations in those countries.22 U.S.C.

sect.3968(b). DOD entrusts local national labor at its facilities overseas with various duties, including budgetary and accounting functions. Markiewicz e-mail. Many of these duties are of such a nature that the Secretary of Defense could properly designate those who fulfill them as Departmental Accountable Officials under section 2773a and the FMR.

Id. See DOD-FMR 7000.14-R. As discussed above, Departmental Accountable Officials are personally liable under section 2773a for improper payments resulting from their fault or negligence. ANALYSIS The policy underlying the concept of pecuniary liability for accountable officers is almost as old as our republic.

As the Supreme Court stated in 1845, those responsible for the public purse must be strictly liable for losses occurring on their watch, and –ny relaxation of this condition would open a door to frauds, which might be practised with impunity. hat losses might not be anticipated by the public?— United States v.

Prescott, 44 U.S. (3 How.) 578, 588-89 (1845) (a depositary of public money is pecuniarily liable for funds stolen from his possession through no fault or negligence of his own). DOD imposes pecuniary liability on Departmental Accountable Officials so that they share responsibility for erroneous payments with certifying officers, who may make such payments based on the Departmental Accountable Officials’ negligent furnishing of information.

DOD-FMR 7000.14-R. Employing local nationals as Departmental Accountable Officials under section 2773a involves these policy matters. While United States citizens’ employment overseas is subject to United States law, local nationals’ employment often is not.

See Department of Defense Manual 1400.25-M, para. SC1231.4.1.1 (December 1996). The law that applies to United States employment of local nationals abroad is determined by agreements negotiated between the Department of State and the government of the nation hosting the United States operation. See Manual 1400.25-M, para.

SC1231.3.1. Such agreements often provide that the employment of local nationals is subject to the law of the host country, rather than United States law. For example, by international agreement with Germany, United States employment of German nationals is governed by German law, as opposed to United States law.

  • Supplementary Agreement to the NATO Status of Forces Agreement with Respect to Forces Stationed in the FederalRepublic of Germany, art.56, July 1, 1963, 14 U.S.T.531.
  • See United States Army Europe, Reg.690-60, Employment of Local National Personnel in Germany, para.8 (Sept.29, 1987) (– employment in is governed by labor law.

,). Thus, whether a German national employed by the United States as a Departmental Accountable Official is subject to the accountability imposed by section 2773a is itself a matter to be determined by German law. A United States citizen designated a Departmental Accountable Official could act in such a manner as to incur pecuniary liability under section 2773a, yet because of the Status of Forces Agreement and German law, a German local national in the same position acting in an identical manner may not be held accountable.

  1. For instance, section 2773a permits the Secretary of Defense to impose pecuniary liability for acts of simple negligence, while German law, in fact, may impose a higher standard of culpability.
  2. Memorandum from Michael J.
  3. Litak, Military and Civil Law division, to Ralf Schoenstein, Civil Personnel Directorate, G1, HQ, USAREUR and 7 th Army 5, para.10a (Aug.27, 2005) (Schoenstein Memo).

Thus, while a local national Departmental Accountable Official might act in a manner that would subject a United States citizen in the same position to pecuniary liability, the local national might be legally unaccountable. Id. The possibility that DOD may not be able to enforce accountability against a local national employed by the United States as a Departmental Accountable Official although a United States citizen in identical circumstances would be pecuniarily liable is troubling.

  1. However, we are unaware of any legal authority prohibiting DOD from hiring local nationals to serve as Departmental Accountable Officials under section 2773a.
  2. Whether or not to hire local nationals for such positions is a policy matter to be decided by DOD.
  3. According to section 2773a, the Secretary of Defense may designate –any civilian employee of the Department of Defense— a Departmental Accountable Official.

The FMR defines –employee— as a –current or retired civilian paid from appropriated funds.— DOD-FMR 7000.14-R, Definition 58 (May 2005). Local national employees are not members of the United States military; they are civilians. In addition, most, if not all, local nationals working in positions that could be designated Departmental Accountable Officials are paid with appropriated funds.

See Mike Litak, U.S. and Them: Citizenship Issues in Department of Defense Civilian Employment Overseas, Army Law., June 2005, at 1, 5-8 (2005). As stated above, we are aware of no specific authority barring such employment. Thus DOD, consistent with section 2773a and DOD policy, may properly employ local nationals as Departmental Accountable Officials.

Nevertheless, we suggest that DOD consider the wisdom of hiring local nationals as Departmental Accountable Officials in countries where by agreement local law applies to the employment, and local law may not subject the local national to the same accountability as other DOD employees.

B-188715, Jan.31, 1978 (concluding that when local national employees in accountable positions, not subject to United States law, cannot be held liable under law of host nation, United States should –reconsider its policy of appointing to accountable officer positions, citizens— of the host nation).

Section 2773a is available only to DOD and was meant to give DOD power to subject to fiscal accountability those employees whose exercise of discretion and judgment in the performance of their duties DOD certifying officers rely on when certifying payment vouchers.

  1. See H.R. Rep.
  2. No.107-436, at 340.
  3. It is somewhat anomalous that DOD would choose to hire potentially unaccountable individuals as Departmental Accountable Officials.
  4. To clarify these responsibilities, DOD should draft a policy addressing the practice of employing local nationals as Departmental Accountable Officials.

Such a policy should offer clear guidance regarding the advisability of hiring local nationals as Departmental Accountable Officials. The policy should include consideration of the law of the host nation before appointing a local national as a Departmental Accountable Official.

  1. In making these suggestions, we remain cognizant that local national employees are important to DOD installations overseas and that they have occupied accountable positions for many years.
  2. Schoenstein Memo at 5, para.11.
  3. We are also aware of the possibility that under section 2773a, individuals, including local nationals, could perform functions that the FMR identifies as functions of Departmental Accountable Officials, yet not be designated as Departmental Accountable Officials.

We are confident that any policy put forth by DOD would adequately address these circumstances while minimizing the number of Departmental Accountable Officials who may not be held accountable. CONCLUSION While employing local nationals as Departmental Accountable Officials under section 2773a may undermine the policies behind placing pecuniary liability on Departmental Accountable Officials, we are aware of no legal authority prohibiting the practice.

Which of the following statements is true about departmental accountable officials with regards to pecuniary liability?

Which of the following statements is TRUE about Departmental Accountable Officials with regards to pecuniary liability? They bear no presumption of negligence and are only liable for the dollar value of the erroneous payment that is attributable to their actions.

What are responsibilities of an accountable official?

An Accountable Officer is a U.S. Government official or employee who, on behalf of the United States, receives and maintains public funds, certifies vouchers, or maintains or draws checks on accounts of the United States, including those in depositary banks designated by the Secretary of the Treasury.

Who is responsible for reviewing the actions of COS and DAOs under their control to ensure adherence to established policy?

Supervisors ensure that subordinate certifying officers and DAOs are trained in their responsibilities, including initial training and refresher training annually (see subparagraph 050304A); periodically review their performance to ensure compliance with established regulations, policies, and procedures, including

Do certifying officers provide information to departmental accountable officials?

They provide information to Departmental Accountable Officials. What is an Authorizing Official’s status regarding travel documents in DTS? They are Certifying Officers when approving travel documents that contain payments, and Departmental Accountable Officials at all other times.

Do departmental accountable officials have automatic pecuniary liability for erroneous payments?

Certifying Officers are accountable for and required to reimburse personally the government the amount of any illegal or otherwise improper payment. This is called pecuniary liability. Pecuniary liability is imposed by law under 31 U.S.C. § 3528 and is automatic.

What are departmental accountable officials responsible for quizlet?

Supporting the Certifying Officers with timely and accurate data, information, and/or service to ensure proper payments. What are Departmental Accountable Officials responsible for? Supporting the Certifying Officers with timely and accurate data, information, and/or service to ensure proper payments.

What is the purpose of having accountable officials and certifying officers?

Certifying Officers are responsible for verifying that a payment is legal, proper, and correct prior to certifying it.

What are the responsibilities of disbursing officers?

(b) Disbursing officers are those officials designated to make payments under a contract or to receive payments of amounts due under a contract. The disbursing officer is responsible for determining the amount and collecting contract debts whenever overpayments or erroneous payments have been made.

Which of the following is the certifying Officer not accountable for?

Which of the following is the Certifying Officer NOT accountable for? The Certifying Officer is not accountable for the design of the payment system.

What does the DoD FMR 7000.14 R require DoD component heads to do?

The DoD Components are required to establish and maintain effective controls over appropriations and other funds in accordance with this chapter.

What must be used to appoint certifying officers to the position?

A certifying officer shall be appointed by the issuance of a letter of appointment and the completion of a DD Form 577, Signature Card.

Which of the following statutes specifies which government officials may certify vouchers?

Approving Official (AO) and Certifying Official What is an Approving Official? Specific to the purchase programs, the Approving Official is an individual (typically a supervisor) responsible for ensuring that the purchase account is used properly by the agency.

The Approving Official also authorizes account holder purchases (for official use only) and ensures that the statements are reconciled and submitted to the Designated Billing Office (DBO) in a timely manner. What is a Certifying Official? A Certifying Official is an individual who has been charged with the responsibility of authorizing certified vouchers for payment and ensuring that funds are available for obligation before payment.

The Certifying Official is held accountable for public funds in civilian agencies. Note: OMB Circular A-123, Appendix B and the GSA SmartPay Master Contract language utilize the terms Approving Official and Certifying Official synonymously. In the case of many agencies/organizations, the individual that holds the title of Approving Official also holds the title of Certifying Official.

The Approving Official is responsible for ensuring that all purchases made by the account holder(s) within his/her span of control are appropriate and the charges are accurate. Purchases should not only be legal and proper, but also should be considered “mission essential”. In order to ensure proper purchases, the Approving Official must review and approve account holder statements belonging to all account holders within their purview. The Approving Official’s review should include looking at all required receipts and account holder logs. The Approving Official is responsible for counseling account holders within his/her span of control regarding regulations, misuse, and delinquency. The Approving Official is responsible for resolving all questionable purchases with the account holder. Upon review of receipts and account holder logs, if the Approving Official finds a questionable purchase, the Approving Official must work with the account holder to receive more information regarding the purchase in order to determine the legitimacy of the purchase. The Approving Official is responsible for elevating unresolved questionable purchases to the Agency/Organization Program Coordinator (A/OPC). In the event an unauthorized purchase is detected or there is a purchase that is still in question after review of supporting account holder documentation, the Approving Official must notify the A/OPC as well as any other appropriate personnel in accordance with agency policy. This may include notifying the agency’s Office of the Inspector General (OIG) for further investigation relating to potential misuse. The Approving Official is responsible for ensuring monthly billing account accuracy. The Approving Official signs the account statement and maintains documentation regarding the account in accordance with agency procedures. The Approving Official is responsible for conducting informal compliance reviews for all account holders under their span of control. These reviews should be completed in accordance with the agency’s specific policies (i.e. frequency, format). The Approving Official is responsible for ensuring that account holders follow the mandatory source requirements established in Part 8 of the Federal Acquisition Regulation (FAR), otherwise known as the Required Sources of Supplies and Services. Assist A/OPCs and account holders with their responsibility to obtain, maintain and retain complete documentation of all purchases, particularly when pre-approval is required. This can be done by ensuring the proper documentation is sent and received through the approval chain.

Note: Approving Officials may be held financially responsible for payments made on accounts because of failure to ensure billing account accuracy. Remember, it is important to review your agency’s specific policy regarding reimbursement and disciplinary actions. OMB Circular A-123, Appendix B provides multiple recommendations with regard to the Approving Official function. OMB Circular A-123, Appendix B recommends:

Compliance reviews, or agency audits of account holder files, should be conducted at a minimum on an annual basis. The span of control, or number of account holders assigned to each Approving Official, is no greater than between 1:5 or 1:10 (i.e. each Approving Official is responsible for between 5 and 10 account holders). An Approving Official is able to act independently. For example, an employee should not be the Approving Official for a supervisor. This type of arrangement may put the employee in a compromising position and jeopardize their role as an Approving Official.

In addition to the above recommendations provided in OMB Circular A-123, Appendix B, many agencies may provide additional responsibilities for the Approving Official within their agency’s policies. It is important that the Approving Official reviews the agency’s specific policies before beginning their official duties.

Certifying a voucher is responsible for the information contained in that voucher and the supporting records. The Certifying Official is responsible for the computation of the certified voucher.

The Certifying Official must ensure that all line items contained in the voucher and the total amount for payment has been computed correctly and that there are no mathematical errors in the voucher.

The Certifying Official is responsible for the legality of the proposed payment under the appropriation or fund involved in the payment. In other words, the Certifying Official must make sure that the line of accounting that is utilized to pay the voucher aligns with the type of items purchased.

In the case of the purchase program, the Certifying Official will most often rely on other members of the Government Purchase Team to review the supporting records (i.e. the account holder and the Approving Official). However, the Certifying Official still has a responsibility to assess the accuracy of the data while performing the certification process and to report suspect transactions to the A/OPC and appropriate investigative office.

The Certifying Official is financially responsible for repaying a payment if the payment was certified and was illegal, improper, or incorrect due to negligence on the part of the Certifying Official or was not paid out of the correct appropriation due to negligence on the part of the Certifying Official.

See United States Code 31, Section 3528 for a full explanation of the financial responsibilities of a Certifying Official. In addition to the roles and responsibilities stated above, many agencies may provide additional responsibilities for the Certifying Official within their agency’s policies.

What does a certifying officer’s certification tell a disbursing Officer?

Certifying officers are accountable to ensure payments are legal, proper and correct by their certification on vouchers prior to payment by a disbursing official.

Who can be appointed as a certifying Officer?

Event Details: – This training provides new and experienced federal certifying officers (COs) and members of the federal payment management community with the content and skills needed to certify the validity of their payments, disbursed on behalf of their agency by the Fiscal Service.

The training will also help COs and members of the payment management community understand their individual and agency responsibility and accountability for ensuring payments are legal, proper, and correct. Effective November 1, 2018, Designees, who process payment requests for federal entities through Treasury, Fiscal Service, are required by Fiscal Service to complete the Fiscal Service Certifying Officer Training as part of each issuance of new or renewed credentials.

The Designee must affirm completion of Fiscal Service Certifying Officer Training within 30 days prior to submission of the form, A certificate of completion is only available upon successfully passing the exam at the end of the training. The certificate of completion must be maintained by the Designee and must be provided upon request to Fiscal Service.

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A Certifying Officer (CO) must be a government employee. A Designated Agent (DA) must be a government employee. A Data Entry Operator (DEO) can be a government employee or contractor.

The training supplements the instructions found in the Treasury Financial Manual (TFM) at Volume I, Part 4A, Chapter 3000, Requirements for Scheduling Payments Disbursed by the Bureau of the Fiscal Service, More information on this requirement is available in this memorandum,

For more information about Certifying Officer Training, see our CO Information sheet, Read our Technical Guide for important information about browser and system compatibility.

Certifying Officer Training

Do banks have a certifying Officer?

Subpart J—Certifying Officers § 353.55 Individuals authorized to certify. The following individuals are authorized to act as certifying officers for the purpose of certifying a request for payment, reissue, or a signature to a Fiscal Service form: (a) Officers generally authorized —(1) At banks, trust companies, and member organizations of the Federal Home Loan Bank System.

(i) Any officer of a bank incorporated in the United States, the territories or possessions of the United States, or the Commonwealth of Puerto Rico. (ii) Any officer of a trust company incorporated in the United States, the territories or possessions of the United States, or the Commonwealth of Puerto Rico.

(iii) Any officer of an organization that is a member of the Federal Home Loan Bank System. This includes Federal savings and loan associations. (iv) Any officer of a foreign branch or a domestic branch of an institution indicated in paragraphs (a)(1)(i) through (iii) of this section.

(v) Any officer of a Federal Reserve Bank, a Federal Land Bank, or a Federal Home Loan Bank. (vi) Any employee of an institution in paragraphs (a)(1)(i) through (v) of this section, who is expressly authorized to certify by the institution. Certification by these officers or designated employees must be authenticated by a legible imprint of either the corporate seal of the institution or of the issuing or paying agent’s stamp.

The employee expressly authorized to certify by an institution must sign his or her name over the title “Designated Employee”. (2) At issuing agents that are not banks or trust companies. Any officer of an organization, not a bank or a trust company, that is qualified as an issuing agent for bonds of Series EE.

  • The agent’s stamp must be imprinted in the certification.
  • 3) By United States officials.
  • Any judge, clerk, or deputy clerk of a United States court, including United States courts for the territories and possessions of the United States and the Commonwealth of Puerto Rico; any United States Commissioner, United States Attorney, or United States Collector of Customs, including their deputies; in the Internal Revenue Service, any Regional Commissioner, District Director, Service Center Director, or Internal Revenue agent.

(b) Officers with limited authority —(1) In the Armed Forces. Any commissioned officer or warrant officer of the Armed Forces of the United States, but only for members of the respective services, their families, and civilian employees at posts, bases, or stations.

The certifying officer must indicate his or her rank and state that the individual signing the request is one of the class whose request the certifying officer is authorized to certify. (2) At the Veterans Administration, Federal penal institutions, and United States Public Health Service hospitals. Any officer in charge of a home, hospital, or other facility of the Veterans Administration, but only for the patients, or employees of the facility; any officer of a Federal penal institution or a United States Public Health Service hospital expressly authorized to certify by the Secretary of the Treasury or his designee, but only for the inmates, patients or employees of the institution involved.

Officers of Veterans Administration facilities, Federal penal institutions, and Public Health Service hospitals must use the stamp or seal of the particular institution or service. (c) Authorized officers in foreign countries. Any United States diplomatic or consular representative, or the officer of a foreign branch of a bank or trust company incorporated in the United States whose signature is attested by an imprint of the corporate seal or is certified to the Department of the Treasury.

  1. If none of these individuals is available, a notary public or other officer authorized to administer oaths may certify, but his or her official character and jurisdiction must be certified by a United States diplomatic or consular officer under seal of his or her office.
  2. D) Authorized officers in particular localities.

The Governor and the Treasurer of Puerto Rico; the Governor and the Commissioner of Finance of the Virgin Islands; the Governor and the Director of Finance of Guam; the Governor and the Director of Administrative Services of American Samoa; or designated officers of the Panama Canal Commission.

(e) Special provisions. If no certifying officer is readily accessible, the Commissioner of the Fiscal Service, Deputy Commissioner, any Assistant Commissioner, or other designated official of the Bureau or of a Federal Reserve Bank or Branch is authorized to make special provision for any particular case.

§ 353.56 General instructions and liability. (a) The certifying officer must: (1) Require the person presenting a bond, or an appropriate Fiscal Service transaction form, to establish his or her identity in accordance with Department of the Treasury instructions and identification guidelines; (2) Place a notation on the back of the bond or on the appropriate Fiscal Service transaction form, or in a separate record, showing exactly how identification was established; and (3) Affix, as part of the certification, his or her official signature, title, seal or issuing or paying agent’s stamp, address, and the date of execution.

  • B) The certifying officer and, if such person is an officer or an employee of an organization, the organization will be held fully responsible for the adequacy of the identification.
  • § 353.57 When a certifying officer may not certify.
  • Certifying officers may not certify the requests for payment of bonds, or appropriate Fiscal Service transaction forms if, in their own right or in a representative capacity, they— (a) Have an interest in the bonds, or (b) Will, by virtue of the requests being certified, acquire an interest in the bonds.

§ 353.58 Forms to be certified. When required in the instructions on a Fiscal Service transaction form, the form must be signed before an authorized certifying officer.

What are considered as pecuniary liabilities?

Revised Penal Code of the Philippines – ACT NO.3815 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS PRELIMINARY ARTICLE This law shall be known as “The Revised Penal Code.” BOOK ONE General Provisions Regarding the Date of Enforcement and Application of the Provisions of this Code, and Regarding the Offenses, the Persons Liable and the Penalties PRELIMINARY TITLE Date of Effectiveness and Application of the Provisions of This Code ARTICLE 1.

  1. Time When Act Takes Effect.
  2. This Code shall take effect on the first day of January, nineteen hundred and thirty-two.
  3. ARTICLE 2.
  4. Application of Its Provisions.
  5. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1.

Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4.

While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. TITLE ONE Felonies and Circumstances Which Affect Criminal Liability CHAPTER ONE Felonies ARTICLE 3.

Definition. — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.2. 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 on account of the employment of inadequate or ineffectual means.

ARTICLE 5. 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. — 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 penal legislation.

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

ARTICLE 6. Consummated, Frustrated, and Attempted Felonies. — Consummated felonies, as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. ARTICLE 7. When Light Felonies are Punishable.

— Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

  • A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
  • There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
  • ARTICLE 9.
  • Grave Felonies, Less Grave Felonies and Light Felonies.

— Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the abovementioned article.

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided. ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code.

This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. CHAPTER TWO Justifying Circumstances and Circumstances which Exempt from Criminal Liability ARTICLE 11. Justifying Circumstances. — The following do not incur any criminal liability: 1.

Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression; Second. Reasonable necessity of the means employed to prevent or repel it; Third. Lack of sufficient provocation on the part of the person defending himself.2. Anyone 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 that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein.3.

Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive.4.

Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present: First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it.5.

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. ARTICLE 12. Circumstances Which Exempt from Criminal Liability.

  1. The following are exempt from criminal liability: 1.
  2. An imbecile or an insane person, unless the latter has acted during a lucid interval.
  3. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.2.

A person under nine years of age.3. 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 article 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformity 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 article 80.4.

  • Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.5.
  • Any person who acts under the compulsion of an irresistible force.6.
  • Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.7.

Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. CHAPTER THREE Circumstances Which Mitigate Criminal Liability ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances: 1.

Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant.2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of article 80.3.

That the offender had no intention to commit so grave a wrong as that committed.4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degrees.6.

  • That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.7.
  • 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.

That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communication with his fellow beings.9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts.10.

  • And, finally, any other circumstance of a similar nature and analogous to those above mentioned.
  • CHAPTER FOUR Circumstances Which Aggravate Criminal Liability ARTICLE 14.
  • Aggravating Circumstances.
  • The following are aggravating circumstances: 1.
  • That advantage be taken by the offender of his public position.2.

That the crime be committed in contempt of or with insult to the public authorities.3. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.4.

That the act be committed with abuse of confidence or obvious ungratefulness.5. 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.6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense it shall be deemed to have been committed by a band.7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.8.

That the crime be committed with the aid of armed men or persons who insure or afford impunity.9. That the accused is a recidivist. 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.10.

That the offender has been previously punished for 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.11. That the crime be committed in consideration of a price, reward, or promise.12.

That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.13. That the act be committed with evident premeditation.14. That craft, fraud, or disguise be employed.15.

That advantage be taken of superior strength, or means be employed to weaken the defense.16. That the act be committed with treachery (alevosia). 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.17.

That means be employed or circumstances brought about which add ignominy to the natural effects of the act.18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose.19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.20.

That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means.21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.

CHAPTER FIVE Alternative Circumstances ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional it shall be considered as an aggravating circumstance.

TITLE TWO Persons Criminally Liable for Felonies ARTICLE 16. Who are Criminally Liable. — The following are criminally liable for grave and less grave felonies: 1. Principals.2. Accomplices.3. Accessories. The following are criminally liable for light felonies: 1.

  • Principals.2.
  • Accomplices.
  • ARTICLE 17.
  • Principals.
  • 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 commit it; 3.
  • Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

ARTICLE 18. Accomplices. — Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts. ARTICLE 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1.

By profiting themselves or assisting the offender to profit by the effects of the crime.2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

ARTICLE 20. Accessories Who are Exempt from Criminal Liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

TITLE THREE Penalties CHAPTER ONE Penalties in General ARTICLE 21. Penalties that May Be Imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

ARTICLE 23. Effect of Pardon by the Offended Party. — A pardon by the offended party does not extinguish criminal action except as provided in article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.

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ARTICLE 24. Measures of Prevention or Safety Which are Not Considered Penalties. — The following shall not be considered as penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.2.

The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein.3. Suspension from the employment or public office during the trial or in order to institute proceedings.4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates.5.

Deprivation of rights and the reparations which the civil laws may establish in penal form. CHAPTER TWO Classification of Penalties ARTICLE 25. Penalties Which May Be Imposed. — The penalties which may be imposed, according to this Code, and their different classes, are those included in the following: Scale Principal Penalties Capital punishment: Death.

Afflictive penalties: Reclusión perpetua, Reclusión temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prisión mayor. Correctional penalties: Prisión correccional, Arresto mayor, Suspensión, Destierro.

  1. Light penalties: Arresto menor, Public censure.
  2. Penalties common to the three preceding classes: Fine, and Bond to keep the peace.
  3. Accessory Penalties Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling.

Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs. ARTICLE 26. Fine — When Afflictive, Correctional or Light Penalty. — A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty, if it be less than 200 pesos.

  1. CHAPTER THREE Duration and Effect of Penalties SECTION ONE Duration of Penalties ARTICLE 27.
  2. Reclusión Perpetua.
  3. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

Reclusión temporal. — The penalty of reclusión temporal shall be from twelve years and one day to twenty years. Prisión mayor and temporary disqualification. — The duration of the penalties of prisión mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

  1. Prisión correccional, suspensión, and destierro.
  2. The duration of the penalties of prision correccional, suspensión and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor. — The duration of the penalty or arresto mayor shall be from one month and one day to six months. Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may determine.

ARTICLE 28. Computation of Penalties. — If the offender shall be in prison the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty.

The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. ARTICLE 29. One-half of the Period of the Preventive Imprisonment Deducted from Term of Imprisonment. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one-half of the time during which they have undergone preventive imprisonment, except in the following cases: 1.

  • When they are recidivists, or have been convicted previously twice or more times of any crime; 2.
  • When upon being summoned for the execution of their sentence they have failed to surrender voluntarily; 3.
  • When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.

SECTION TWO Effects of the Penalties According to Their Respective Nature ARTICLE 30. Effects of the Penalties of Perpetual or Temporary Absolute Disqualification. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1.

  • The deprivation of the public offices and employments which the offender may have held, even if conferred by popular election.2.
  • The deprivation of the right to vote in any election for any popular elective office or to be elected to such office.3.
  • The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.4. The loss of all right to retirement pay or other pension for any office formerly held. ARTICLE 31.

Effects of the Penalties of Perpetual or Temporary Special Disqualification. — The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2.

The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification. ARTICLE 32. Effects 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.

Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. ARTICLE 33. Effects of the Penalties of Suspension from Any Public Office, Profession or Calling, or the Right of Suffrage. — The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence.

The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. ARTICLE 34. Civil Interdiction. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.

ARTICLE 35. Effects of Bond to Keep the Peace. — 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 its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking.

The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.

ARTICLE 36. Pardon; Its Effects. — A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

ARTICLE 37. Costs — What are Included. — Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. ARTICLE 38. Pecuniary Liabilities — Order of Payment.

— 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: 1. The reparation of the damage caused.2. Indemnification of consequential damages.3. The fine.4.

  1. The costs of the proceedings.
  2. ARTICLE 39.
  3. Subsidiary Penalty.
  4. If the convict has no property with which to meet the pecuniary liabilities mentioned in paragraphs 1st, 2nd and 3rd of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each 2 pesos and 50 centavos, subject to the following rules: 1.

If the principal penalty imposed be prisión correccional or arresto and fine, he shall remain under confinement until his fine and pecuniary liabilities referred in the preceding paragraph are satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.2.

When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.3. When the principal penalty imposed is higher than prisión correccional no subsidiary imprisonment shall be imposed upon the culprit.4.

If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.5.

The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from reparation of the damaged caused, nor from indemnification for the consequential damages in case his financial circumstances should improve; but he shall be relieved from pecuniary liability as to the fine.

SECTION THREE Penalties in Which Other Accessory Penalties are Inherent ARTICLE 40. Death — Its Accessory Penalties. — 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 of sentence, unless such accessory penalties have been expressly remitted in the pardon.

ARTICLE 41. Reclusión Perpetua and Reclusión Temporal — Their accessory penalties. — The penalties of reclusión perpetua and reclusión temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

ARTICLE 42. Prisión Mayor — Its Accessory Penalties. — The penalty of prisión 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.

  1. ARTICLE 43.
  2. Prisión Correccional — Its Accessory Penalties.
  3. The penalty of prisión 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 offender shall suffer the disqualification provided in this article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. ARTICLE 44. Arresto — Its Accessory Penalties. — The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of suffrage during the term of the sentence.

  1. ARTICLE 45.
  2. Confiscation and Forfeiture of the Proceeds or Instruments of the Crime.
  3. 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.
  4. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

CHAPTER FOUR Application of Penalties SECTION ONE Rules for the Application of Penalties to the Persons Criminally Liable and for the Graduation of the Same ARTICLE 46. Penalty to be Imposed Upon Principals in General. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.

  1. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony.
  2. ARTICLE 47.
  3. In What Cases the Death Penalty Shall Not Be Imposed.
  4. The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1.

When the guilty person be more than seventy years of age.2. When upon appeal or revision of the case by the Supreme Court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have become disqualified from taking part in the consideration of the case, in which event the unanimous vote and signature of only the remaining justices shall be required.

ARTICLE 48. Penalty for Complex Crimes. — When a single act constitutes two or more crimes, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. ARTICLE 49. Penalty to Be Imposed Upon the Principals When the Crime Committed is Different from that Intended.

— In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.2.

  1. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.3.
  2. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempt or the frustrated crime shall be imposed in its maximum period.

ARTICLE 50. Penalty to Be Imposed Upon Principals of a Frustrated Crime. — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. ARTICLE 51. Penalty to Be Imposed Upon Principals of Attempted Crimes.

  • The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.
  • ARTICLE 52.
  • Penalty to Be Imposed Upon Accomplices in a Consummated Crime.
  • The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the accomplices in the commission of a consummated felony.

ARTICLE 53. Penalty to Be Imposed Upon Accessories to the Commission of a Consummated Felony. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.

ARTICLE 54. Penalty to Be Imposed Upon Accomplices in a Frustrated Crime. — The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. ARTICLE 55. Penalty to Be Imposed Upon Accessories of a Frustrated Crime.

— The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. ARTICLE 56. Penalty to Be Imposed Upon Accomplices in an Attempted Crime. — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.

ARTICLE 57. Penalty to Be Imposed Upon Accessories of an Attempted Crime. — The penalty lower by two degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the attempt to commit a felony. ARTICLE 58. Additional Penalty to Be Imposed Upon Certain Accessories. — Those accessories falling within the terms of paragraph 3 of article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty or absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.

ARTICLE 59. Penalty to Be Imposed in Case of Failure to Commit the Crime Because the Means Employed or the Aims Sought are Impossible. — When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine ranging from 200 to 500 pesos.

  • ARTICLE 60.
  • Exceptions to the Rules Established in Articles 50 to 57.
  • The provisions contained in articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.
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ARTICLE 61. Rules for Graduating Penalties. — For the purpose of graduating the penalties which, according to the provisions of articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed: 1.

  1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree shall be that immediately following that indivisible penalty in the scale prescribed in article 70 of this Code.2.
  2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the above mentioned scale.3.

When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said scale.4.

When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise, from the penalty immediately following in the above mentioned scale.5.

When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.

Penalty Prescribe for the crime Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime Penalty to be imposed upon the principal in an attempted crime, the accessory in the consummated crime and the accomplices in a frustrated crime. Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crime Penalty to be imposed upon the accessory in an attempted crime
First Case Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision Correccional
Second Case Reclusion Perpetua to Death Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor
Third Case Reclusion Temporal in its maximum period to death Prision Mayor in its maximum period to reclusion temporal in its medium period Prision correccional in its maximum period to prision mayor in its medium period Arresto Mayor in it s maximum period to prision correccional in its medium period Fine and Arresto Mayor in its minimum and medium periods
Fourth Case Prision Mayor in its maximum period to reclusion temporal in its medium period. Prision correccional in its maximum period to prision mayor in its medium period. Arresto mayor in its maximum period to prision correccional in its medium period. Fine and Arresto Mayor in its minimum and medium periods

SECTION TWO Rules for the Application of Penalties with Regard to the Mitigating and Aggravating Circumstances, and Habitual Delinquency ARTICLE 62. Effects of the Attendance of Mitigating or Aggravating Circumstances and of Habitual Delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1.

  • Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.2.
  • The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of necessity accompany the commission thereof.3.

Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.4.

  1. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein.5.
  2. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prisión correccional in its medium and maximum periods; (b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its minimum and medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its maximum period to reclusión temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes robo, hurto, estafa, or falsificacion, he is found guilty of any of said crimes a third time or oftener.

  1. ARTICLE 63.
  2. Rules for the Application of Indivisible Penalties.
  3. In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.
  4. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 1.

When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.2. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.3.

When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied.4. When both mitigating and aggravating circumstances attended the commission of the act, the courts shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation.

ARTICLE 64. Rules for the Application of Penalties Which Contain Three Periods. — In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of articles 76 and 77, the courts shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1.

When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period.3. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.4.

When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight.5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances.6.

  1. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period.7.
  2. Within the limits of each period, the courts shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime.

ARTICLE 65. Rule in Cases in Which the Penalty is Not Composed of Three Periods. — In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing into three equal portions the time included in the penalty prescribed, and forming one period of each of the three portions.

  • ARTICLE 66.
  • Imposition of Fines.
  • In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit.
  • ARTICLE 67.

Penalty to Be Imposed When Not All the Requisites of Exemption of the Fourth Circumstance of Article 12 are Present.— When all the conditions required in circumstance number 4 of article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prisión correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony.

  • ARTICLE 68.
  • Penalty to Be Imposed Upon a Person Under Eighteen Years of Age.
  • When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraph next to the last of article 80 of this Code, the following rules shall be observed: 1.
  • Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, 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.2.

Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. ARTICLE 69. Penalty to Be Imposed When the Crime Committed is Not Wholly Excusable. — A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in articles 11 and 12, provided that the majority of such conditions be present.

The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking. ARTICLE 70. Successive Service of Sentences; Exception. — When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit; otherwise, said penalties shall be executed successively, following the order of their respective severity, which shall be determined in accordance with the following scale: 1.

Death.2. Reclusión perpetua.3. Reclusión temporal.4. Prisión mayor.5. Prisión correccional.6. Arresto mayor.7. Arresto menor. A person sentenced to destierro who is also sentenced to the penalty of prisión or arresto shall be required to serve these latter penalties before serving the penalty of destierro.

ARTICLE 71. Fine. — The fine shall be considered as the last of all the principal penalties listed in the preceding article. When a fine is so imposed, the duration of the subsidiary liability corresponding thereto, by reason of the insolvency of the offender, shall not exceed that which is provided in rule 2 of article 39.

ARTICLE 72. Preference in the Payment of the Civil Liabilities. — The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the final judgments rendered against him, beginning with the first in order of time.

  1. SECTION THREE Provision Common to the Last Two Preceding Sections ARTICLE 73.
  2. Presumption in Regard to the Imposition of Accessory Penalties.
  3. Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of articles 40, 41, 42, 43, 44, and 45 of this Code, it must be understood that the accessory penalties are also imposed upon the convict.

ARTICLE 74. Penalty Higher Than Reclusión Perpetua in Certain Cases. — In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of article 40, shall be considered as the next higher penalty.

  • ARTICLE 75.
  • Increasing or Reducing the Penalty of Fine by One or More Degrees.
  • Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without, however, changing the minimum.

The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are made proportional. ARTICLE 76. Legal Period of Duration of Divisible Penalties. — The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the manner shown in the following table: TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time included in the penalty in its entirety Time included in its minimum period Time included in its medium period Time included in its maximum
Reclusion temporal From 12 years and 1 day to 20 years. From 12 years and 1 day to 14 years and 8 months. From 14 years, 8 months and 1 day to 17 years and 4 months. From 17 years, 4 months and 1 day to 20 years.
Prision mayor, absolute disqualification and special temporary disqualification From 6 years and 1 day to 12 years. From 6 years and 1 day to 8 years. From 8 years and 1 day to 10 years. From 10 years and 1 day to 12 years.
Prision correccional, suspension and destierro From 6 months and 1 day to 6 years. From 6 months and 1 day to 2 years and 4 months. From 2 years, 4 months and 1 day to 4 years and 2 months. From 4 years, 2 months and 1 day to 6 years.
Arresto mayor From 1 month and 1 day to months. From 1 to 2 months. From 2 months and 1 day to 4 months. From 4 months and 1 day to 6 months.
Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.

ARTICLE 77. When the Penalty is a Complex One Composed of Three Distinct Penalties. — In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period.

  • Whenever the penalty prescribed does not have one of the forms specially provided for in this book, the periods shall be distributed, applying by analogy the prescribed rules.
  • CHAPTER FIVE Execution and Service of Penalties SECTION ONE General Provisions ARTICLE 78.
  • When and How a Penalty is to Be Executed.

— No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts. ARTICLE 79. Suspension of the Execution and Service of the Penalties in Case of Insanity. — When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.

  • ARTICLE 80.
  • Suspension of Sentence of Minor Delinquents.
  • Whenever a minor under eighteen years of age, of either sex, be accused of a crime, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment, shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law for the care, correction or education of orphaned, homeless, defective and delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Public Welfare Commissioner or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his representatives, subject to such conditions as are prescribed hereinbelow, until such minor shall have reached his majority or for such less period as the court may deem proper.

The court, in committing said minor as provided above, shall take into consideration the religion of such minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision of the religious sect or denomination to which they belong.

The Public Welfare Commissioner or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the Court every two months or as often as required, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Public Welfare Commissioner or his authorized representatives or agents, or the superintendent of public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him.

Who is most likely to be found pecuniary liable for an erroneous or improper Misc payment?

A disbursing officer is pecuniarily liable in accordance with 31 U.S.C.3325 and other applicable law for illegal, improper or incorrect payments and for errors in their accounts.

Which of the following factors is an acceptable reason for obtaining relief of liability?

Which of the following factors is an acceptable reason for obtaining relief of liability? Evidence showing that the erroneous payment was not the result of the Certifying Officer’s negligence.

What is a responsibility center in which the department manager has responsibility for and authority over only costs and revenues called?

Costs only. A responsibility center in which the department manager has responsibility for and authority over costs and revenues is called a(n): Profit center.

Which of the following is a main responsibility of the Department of Defense’s American Forces quizlet?

The mission of the Department of Defense (DoD) is to provide the military forces needed to deter war and to protect the security of our country.

What is the main responsibility of the State Department quizlet?

A: The US Department of State functions as the diplomatic wing of the federal government, handling matters of foreign affairs with other nations and international bodies. The State Department’s primary job is to promote American foreign policy throughout the world.

Which of the following is true about a departmental accountable?

Which of the following is TRUE about a Departmental Accountable Officials? They provide information to Certifying Officers.

Which of the following is the best definition of pecuniary?

Pecuniary means concerning or involving money.

Who is most likely to be found pecuniary liable for an erroneous or improper Misc payment?

A disbursing officer is pecuniarily liable in accordance with 31 U.S.C.3325 and other applicable law for illegal, improper or incorrect payments and for errors in their accounts.

Who is responsible for overseeing the collecting and disbursing of county funds quizlet?

Who is responsible for overseeing the collection and disbursement of county funds? indigent health care. the tax assessor/collector. the principle of ‘one person, one vote’ applied to county commissioners’ courts.