Title
Punishment for Infidelity in Prisoner Custody
Law
Act No. 2364
Decision Date
Feb 28, 1914
Philippine Law, Act No. 2364, enacted in 1914, imposes penalties on individuals who commit infidelity while in custody of prisoners, with fines, imprisonment, and disqualification from public office as potential punishments.

Legal basis and covered conduct

  • Section 1 applies to persons committing acts defined and penalized under Articles 358 and 359 of the Penal Code in force.
  • Section 1 deems such persons guilty of infidelity in the custody of prisoners when the prisoners are detained for or convicted of a crime or misdemeanor.
  • Section 1 ties the covered underlying offenses to crimes or misdemeanors punished under laws enacted by the Philippine Commission or the Philippine Legislature.

Scope of application

  • The law covers any person who commits acts described in Articles 358 and 359 of the Penal Code.
  • The law applies when the custody involves prisoners detained for or convicted of an offense.
  • The covered underlying offenses are those punished under laws enacted by the Philippine Commission or the Philippine Legislature.
  • Section 1 treats a specific underlying category—violations of a municipal ordinance—as a special case with different penalties.

Offense classification: infidelity in custody

  • Section 1 classifies the conduct as infidelity in the custody of prisoners when the acts under Articles 358 and 359 are committed with respect to covered prisoners.
  • The statute makes conviction the trigger for imposing the penalties and disqualification it authorizes.
  • Section 1 distinguishes punishment depending on whether the prisoner’s case involves a municipal ordinance violation or another qualifying offense.

Penalties for the infidelity offense

  • Section 1 imposes, upon conviction, a fine not to exceed PHP 2,000, or imprisonment not to exceed 2 years, or both, in the court’s discretion.
  • Section 1 requires the defendant to be additionally sentenced to disqualification from holding public office for a term not to exceed 10 years.
  • In the municipal ordinance special case, Section 1 requires the penalty to be a fine not to exceed PHP 200, or imprisonment not to exceed 6 months, or both, in the court’s discretion.
  • In all cases under Section 1, the defendant must be sentenced to disqualification from holding public office for a period not to exceed 2 years when the prisoner is detained for or convicted of a violation of a municipal ordinance.

Judicial discretion and additional consequences

  • Section 1 gives the court discretion to impose fine, imprisonment, or both within the statutory maxima.
  • Section 1 makes disqualification from public office an additional mandatory consequence upon conviction.
  • Section 1 sets upper disqualification limits that track the underlying offense category: not to exceed 10 years generally, and not to exceed 2 years for municipal ordinance violations.

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