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The following are the crimes against children contained in the RPC with their corresponding penalties:
1. Offenses Against Decency and Good Customs
Art. 200. Grave Scandal. - The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.
Art. 201. Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows. - The penalty of prision mayor or a fine ranging from Six thousand (P6,000.00) to Twelve thousand (P12,000.00) pesos, or both such imprisonment and fine, shall be imposed upon:
1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
2. a. The authors of obscene literature, published with their knowledge in any form; the editors publishing such litera-ture; and the owners/operators of the establishment selling the same;
b. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify criminals or con-done crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts;
3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals.
Art. 202. Vagrants and Prostitutes - Penalty. - The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or tramping or wandering about the country or the streets without visible means of support;
3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding Two hundred pesos (P/200.00), and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from Two hundred pesos (P/200.00) to Two thousand pesos (P/2,000.00), or both, in the discretion of the court.
2. Physical Injuries
Art. 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ of reproduction.
Any other intentional mutilation shall be punished by pri-sion mayor, in its medium and maximum periods.
Art. 263. Serious Physical Injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefore habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries in-flicted the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the perform-ance of the work in which he was habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.
If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this article shall be punished by reclu-sion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.
Art. 265. Less Serious Physical Injuries. - Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the in-jured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding Five hundred pesos (P500.00) shall be imposed.
Any less serious physical injuries inflicted upon the of-fender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person.
Art. 266. Slight Physical Injuries and Maltreatment. - The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physi-cal injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding Two hundred pesos (P200.00) and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance.
3. By arresto menor in its minimum period or a fine not exceeding Fifty pesos (P50.00) when the offender shall ill-treat another by deed without causing any injury.
3. Crimes Against Liberty and Security
Art. 267. Kidnapping and Serious Illegal Detention. - Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public au-thority.
3. If any serious physical injuries shall have been in-flicted upon the person kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor except when the accused is any of the parents, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above men-tioned were present in the commission of the offense. [As amended by R.A. 7659 or the DEATH PENALTY LAW.]
Art. 268. Slight Illegal Detention. - The penalty of reclu-sion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.
If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum periods and a fine not exceeding Seven hundred pesos (P700.00).
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Art. 270. Kidnapping and Failure to Return a Minor. - The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guard-ians.
Art. 271. Inducing a Minor to Abandon his Home. - The penalty of prision correccional and a fine not exceeding Seven hundred pesos (P700.00) shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.
If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding Three hundred pesos (P300.00), or both.
Art. 272. Slavery. - The penalty of prision mayor and a fine of not exceeding Ten thousand pesos (P/10,000.00) shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period.
Art. 273. Exploitation of Child Labor. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding Five hundred pesos (P500.00) shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall against the latter's will, retain him in his serv-ice. [Underscoring supplied.]
Art. 274. Services Rendered under Compulsion in Payment of Debt. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.
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Art. 276. Abandoning a Minor. - The penalty of arresto mayor and a fine not exceeding Five hundred pesos (P500.00) shall be imposed upon anyone who shall abandon a child under seven years of age, the custody of which is incumbent upon him.
When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision correccional in its minimum and medium periods.
The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.
Art. 277. Abandonment of Minor by Person Entrusted with his Custody; Indifference of Parents. - The penalty of arresto mayor and a fine not exceeding Five hundred pesos (P500.00) shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.
The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit.
ART. 278. Exploitation of minors. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding Five hundred pesos (P/500.00) shall be imposed upon:
1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing physical strength or contortion.
2. Any person who, being an acrobat, gymnast, ropewalker, diver, wild-animal tamer or circus manager or engaged in a simi-lar calling, shall employ in exhibitions of these kinds chil-dren under sixteen years of age who are not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendants of his under twelve years of age in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.
If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period.
In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority.
5. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar. [Underscoring supplied.]
4. Threats and Coercions
Art. 282. Grave Threats. - Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding Five hundred pesos (P500.00), if the threat shall not have been made subject to a condition.
Art. 283. Light Threats. - A threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.
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Art. 285. Other Light Threats. - The penalty of arresto menor in its minimum period or a fine not exceeding Two hundred pesos (P200.00) shall be imposed upon:
1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon, or draw such weapon in a quarrel, unless it be lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony.
Art. 286. Grave Coercions. - The penalty of arresto mayor and a fine not exceeding Five hundred pesos (P500.00) shall be imposed upon any person who, without authority of law, shall, by means of vio-lence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.
If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.
Art. 287. Light Coercions. - Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than Seventy five pesos (P75.00).
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from Five pesos (P5.00) to Two hundred pesos (P200.00), or both.
Art. 288. Other Similar Coercions. - (Compulsory purchase of merchandise and payment of wages by means of tokens.) - The penalty of arresto mayor or a fine ranging from Two hundred (P200.00) to Five hundred pesos (P500.00), or both, shall be imposed upon any person, agent or officer of any association or corporation who shall force or compel, direct-ly or indirectly, or shall knowingly permit any laborer or em-ployee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee.
5. Swindling and other Deceits
Art. 317. Swindling a Minor. - Any person who taking advan-tage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 percent of the value of the obligation contracted by the minor.
Art. 318. Other Deceits. - The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.
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6. Crimes Against Chastity
Art. 335. When and How Rape is Committed. -- Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
1. by using force or intimidation;
2. when the woman is deprived of reason or otherwise unconscious; and
3. when the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.
The crime of rape shall be punished by reclusion perpetua.
When the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
2. when the victim is under the custody of the police or military authorities.
3. when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity
4. when the victim is a religious or a child below seven (7) years old.
5. when the offender knows that he is afflicted with Ac-quired Immune Deficiency Syndrome (AIDS) disease.
6. when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforce-ment agency.
7. when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation.
[As amended by R.A. 7659 or the DEATH PENALTY LAW.]
Art 336. Acts of Lasciviousness. -- Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.
Art. 337. Qualified Seduction. -- The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.
Art. 338. Simple Seduction. -- The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.
Art. 339. Acts of Lasciviousness with the Consent of the Offended Party. -- The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.
Art. 340. Corruption of Minors. - Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a public officer or employ-ee, including those in government owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. [Underscoring supplied.]
Art. 341. White Slave Trade. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other person for the purpose of pros-titution. [Underscoring supplied.]
Art. 342. Forcible Abduction. -- The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal.
The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.
Art 343. Consented Abduction. -- The abduction of a virgin over twelve and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.
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