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THE
REVISED PENAL CODE
(Full
Text)
TITLE
VII
REVISED
PENAL CODE CRIMES
COMMITTED BY PUBLIC OFFICERS Chapter
One
PRELIMINARY
PROVISIONS
Art. 203. Who Are Public Officers. - For the purpose of
applying
the provisions of this and the preceding titles of this book, any
person
who, by direct provision of the law, popular election or appointment by
competent authority, shall take part of the performance of public
functions
in the Government of the Philippine Islands, or shall perform in said
Government
or in any of its branches public duties as an employee, agent or
subordinate
official, of any rank or class, shall be deemed to be a public officer.chan robles virtual law
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Chapter
Two
MALFEASANCE
AND MISFEASANCE IN OFFICE
Section
One. - Dereliction of duty
Art. 204. Knowingly rendering unjust judgment. - Any
judge
who shall knowingly render an unjust judgment in any case submitted to
him for decision, shall be punished by prision mayor and perpetual
absolute
disqualification.
Art. 205. Judgment rendered through negligence. - Any
judge
who, by reason of inexcusable negligence or ignorance shall render a
manifestly
unjust judgment in any case submitted to him for decision shall be
punished
by arresto mayor and temporary special disqualification.
Art. 206. Unjust interlocutory order. - Any judge who
shall
knowingly render an unjust interlocutory order or decree shall suffer
the
penalty of arresto mayor in its minimum period and suspension; but if
he
shall acted by reason of inexcusable negligence or ignorance and the
interlocutory
order or decree be manifestly unjust, the penalty shall be suspension.
Art. 207. Malicious delay in the administration of justice. -
The penalty of prision correccional in its minimum period shall be
imposed
upon any judge guilty of malicious delay in the administration of
justice.
Art. 208. Prosecution of offenses; negligence and tolerance.
- The penalty prision correccional in its minimum period and suspension
shall be imposed upon any public officer, or officer of the law, who,
in
dereliction of the duties of his office, shall maliciously refrain from
instituting prosecution for the punishment of violators of the law, or
shall tolerate the commission of offenses.
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Art 209. Betrayal of trust by an attorney or solicitor. -
Revelation
of secrets. - In addition to the proper administrative action, the
penalty
of prision correctional in its minimum period, or a fine ranging from
200
to 1,000 pesos, or both, shall be imposed upon by any malicious breach
of professional duty or of inexcusable negligence or ignorance, shall
prejudice
his client, or reveal any of the secrets of the latter learned by him
in
his professional capacity. The same penalty shall be imposed upon an
attorney-at-law
or solicitor (procurator judicial) who, having undertaken the defense
of
a client or having received confidential information from said client
in
a case, shall undertake the defense of the opposing party in the same
case,
without the consent of his first client.
Art. 210 Direct bribery. - Any public officer who shall agree to
perform an act constituting a crime, in connection with the performance
of his official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation
of
another, shall suffer the penalty of prision mayor in its medium and
maximum
periods and a fine [of not less than the value of the gift and] not
less
than three times the value of the gift in addition to the penalty
corresponding
to the crime agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the
execution
of an act which does not constitute a crime, and the officer executed
said
act, he shall suffer the same penalty provided in the preceding
paragraph;
and if said act shall not have been accomplished, the officer shall
suffer
the penalties of prison correccional, in its medium period and a fine
of
not less than twice the value of such gift.
If the object for which the gift was received or promised was to make
the
public officer refrain from doing something which it was his official
duty
to do, he shall suffer the penalties of prision correccional in its
maximum
period and a fine [of not less than the value of the gift and] not less
than three times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the
culprit shall suffer the penalty of special temporary disqualification.
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The provisions contained in the preceding paragraphs shall be made
applicable
to assessors, arbitrators, appraisal and claim commissioners, experts
or
any other persons performing public duties.
Art. 211. Indirect bribery. - The penalties of prision
correccional
in its medium and maximum periods, and public censure shall be imposed
upon any public officer who shall accept gifts offered to him by reason
of his office.
Art. 212. Corruption of public officials. - The same penalties
imposed
upon the officer corrupted, except those of disqualification and
suspension,
shall be imposed upon any person who shall have made the offers or
promises
or given the gifts or presents as described in the preceding articles.
Chapter
Three
FRAUDS
AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses. -
The penalty of prision correccional in its medium period to prision
mayor
in its minimum period, or a fine ranging from 200 to 10,000 pesos, or
both
shall be imposed upon any public officer who:chanroblesvirtuallawlibrary
1. In
his official capacity, in dealing with any person with regard to
furnishing
supplies, the making of contracts, or the adjustment or settlement of
accounts
relating to public property or funds, shall enter into an agreement
with
any interested party or speculator or make use of any other scheme, to
defraud the Government;
2. Being
entrusted with the collection of taxes, licenses, fees and other
imposts,
shall be guilty of any of the following acts or omissions;
(a)
Demanding,
directly or directly, the payment of sums different from or larger than
those authorized by law.
(b)
Failing
voluntarily to issue a receipt, as provided by law, for any sum of
money
collected by him officially.
(c)
Collecting
or receiving, directly or indirectly, by way of payment or otherwise,
things
or objects of a nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal
Revenue
or Bureau of Customs, the provisions of the Administrative Code shall
be
applied.
Art. 214. Other Frauds. - In addition to the penalties
prescribed
in the provisions of Chapter six, Title Ten. Book Two, of this Code,
the
penalty of temporary special disqualification shall be imposed upon any
public officer who, taking advantage of his official position, shall
commit
any of the frauds or deceits enumerated in said provisions.
Art. 215. Prohibited transactions. - The penalty of prision
correccional
in its minimum period or a fine ranging from 200 to 1,000 pesos, or
both,
shall be imposed upon any appointive public officer who, during his
incumbency,
shall directly or indirectly become interested in any transaction of
exchange
or speculation within the territory subject to his jurisdiction.
Art. 216. Possession of prohibited interest by a public officer. - The penalty of arresto mayor in its medium period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon a public
officer
who directly or indirectly, shall become interested in any contract or
business in which it is his official duty to intervene.
This provision is applicable to experts, arbitrators and private
accountants
who, in like manner, shall take part in any contract or transaction
connected
with the estate or property in appraisal distribution or adjudication
of
which they shall have acted, and to the guardians and executors with
respect
tom the property belonging to their wards or estate.
Chapter
Four
MALVERSATION
OF PUBLIC FUNDS OR PROPERTY
Art. 217. Malversation of public funds or property; Presumption of
malversation.
- Any public officer who, by reason of the duties of his office, is
accountable
for public funds or property, shall appropriate the same, or shall take
or misappropriate or shall consent, or through abandonment or
negligence,
shall permit any other person to take such public funds or property,
wholly
or partially, or shall otherwise be guilty of the misappropriation or
malversastion
of such funds or property, shall suffer:chanroblesvirtuallawlibrary
1. The
penalty of prision correccional in its medium and maximum periods, if
the
amount involved in the misappropriation or malversation does not exceed
two hundred pesos.
2. The
penalty of prision mayor in its minimum and maximum periods, if the
amount
involved is more than two hundred pesos but does not exceed six
thousand
pesos.
3. The
penalty of prision mayor in its maximum periods to reclusion temporal
in
its minimum period, if the amount involved is more than six thousand
pesos
but is less than twelve thousand pesos.
4. The
penalty of reclusion temporal in its medium and maximum periods, if the
amount involved is more than twelve thousand pesos but is less than
twenty-two
thousand pesos. If the amount exceeds the latter, the penalty shall be
reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the
penalty
the penalty of perpetua special disqualification and a fine equal to
the
amount of the funds malversed or equal to the total value of the
property
embezzled.
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robles virtual law llibrary
The failure of a public officer to have duly forthcoming any public
funds
or property with which he is chargeable, upon demand by any duly
authorized
officer, shall be prima facie evidence that he has put such missing
funds
of property to personal use.
Art. 218. Failure of accountable officer to render accounts. -
Any
public officer, whether in the service or separated there from by
resignation
or any other cause, who is required by law or regulation to render
account
to the Insulator Auditor, or to a provincial auditor and who fails to
do
so for a period of two months after such accounts should be rendered,
shall
be punished by prision correccional in its minimum period, or by a fine
ranging from 200 to 1,000 pesos or both.
Art. 219. Failure of a responsible public officer to render
accounts
before leaving the country. - Any public officer who unlawfully
leaves
or attempts to leave the Philippine Islands without securing a
certificate
from the Insular Auditor showing that his accounts have been finally
settled,
shall be punished by arresto mayor, or a fine ranging from 200 to 1,000
pesos or both.
Art. 220. Illegal use of public funds or property. - Any public
officer who shall apply any public fund or property under his
administration
to any public use other than that for which such fund or property were
appropriated by law or ordinance shall suffer the penalty of prision
correccional
in its minimum period or a fine ranging from one-half to the total of
the
sum misapplied, if by reason of such misapplication, any damage or
embarrassment
shall have resulted to the public service. In either case, the offender
shall also suffer the penalty of temporary special disqualification.
If no damage or embarrassment to the public service has resulted, the
penalty
shall be a fine from 5 to 50 per cent of the sum misapplied.
Art. 221. Failure to make delivery of public funds or property. - Any public officer under obligation to make payment from Government
funds
in his possession, who shall fail to make such payment, shall be
punished
by arresto mayor and a fine of from 5 to 25 per cent of the sum which
he
failed to pay.
This provision shall apply to any public officer who, being ordered by
competent authority to deliver any property in his custody or under his
administration, shall refuse to make such delivery.
The fine shall be graduated in such case by the value of the thing,
provided
that it shall not be less than 50 pesos.
Art. 222. Officers included in the preceding provisions. - The
provisions
of this chapter shall apply to private individuals who, in any capacity
whatever, have charge of any insular, (now national) provincial or
municipal
funds, revenues, or property and to any administrator or depository of
funds or property attached, seized or deposited by public authority,
even
if such property belongs to a private individual.
Chapter
Five
INFIDELITY
OF PUBLIC OFFICER
Section
One. - Infidelity in the custody of prisoners
Art. 223. Conniving with or consenting to evasion. - Any public
officer who shall consent to the escape of a prisoner in his custody or
charge, shall be punished:chanroblesvirtuallawlibrary
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1. By
prision correccional in its medium and maximum periods and temporary
special
disqualification in its maximum period to perpetual special
disqualification,
if the fugitive shall have been sentenced by final judgment to any
penalty.
2. By
prision correccional in its minimum period and temporary special
disqualification,
in case the fugitive shall not have been finally convicted but only
held
as a detention prisoner for any crime or violation of law or municipal
ordinance.
Art. 224. Evasion through negligence. - If the evasion of
the prisoner shall have taken place through the negligence of the
officer
charged with the conveyance or custody of the escaping prisoner, said
officer
shall suffer the penalties of arresto mayor in its maximum period to
prision
correccional in its minimum period and temporary special
disqualification.
Art. 225. Escape of prisoner under the custody of a person not a
public
officer. - Any private person to whom the conveyance or custody of
a prisoner or person under arrest shall have been confided, who shall
commit
any of the offenses mentioned in the two preceding articles, shall
suffer
the penalty next lower in degree than that prescribed for the public
officer.
Section Two. - Infidelity in the custody of document
Art. 226. Removal, concealment or destruction of documents. - Any
public officer who shall remove, destroy or conceal documents or papers
officially entrusted to him, shall suffer:chanroblesvirtuallawlibrary
1. The
penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever
serious damage shall have been caused thereby to a third party or to
the
public interest.
2. The
penalty of prision correccional I its minimum and maximum period and a
fine not exceeding 1,000 pesos, whenever the damage to a third party or
to the public interest shall not have been serious.
In either case, the additional penalty of temporary special
disqualification
in its maximum period to perpetual special disqualification shall be
imposed.
Art. 227. Officer breaking seal. - Any public officer charged
with
the custody of papers or property sealed by proper authority, who shall
break the seals or permit them to be broken, shall suffer the penalties
of prision correccional in its minimum and medium periods, temporary
special
disqualification and a fine not exceeding 2,000 pesos.
Art. 228. Opening of closed documents. - Any public officer
not
included in the provisions of the next preceding article who, without
proper
authority, shall open or shall permit to be opened any closed papers,
documents
or objects entrusted to his custody, shall suffer the penalties of
arresto
mayor, temporary special disqualification and a fine not exceeding
2,000
pesos.
Section
Three - Revelation of secrets
Art. 229. Revelation of secrets by an officer. - Any public
officer
who shall reveal any secret known to him by reason of his official
capacity,
or shall wrongfully deliver papers of copies of papers of which he may
have charge and which should not be punished, shall suffer the
penalties
of prision correccional in its medium and maximum periods, perpetual
special
disqualification and a fine not exceeding 2,000 pesos if the revelation
of such secrets or the delivery of such papers shall have caused
serious
damaged to the public interest; otherwise, the penalties of prision
correccional
in its minimum period, temporary special disqualification and a fine
not
exceeding 500 pesos shall be imposed.
Art. 230. Public officer revealing secrets of private individual. - Any public officer to whom the secrets of any private individual
shall
become known by reason of his office who shall reveal such secrets,
shall
suffer the penalties of arresto mayor and a fine not exceeding 500
pesos
shall be imposed.
Chapter
Six
Other
Offenses
or Irregularities by Public Officers
Art. 231. Open disobedience. - Any judicial or executive
officer
who shall openly refuse to execute the judgment, decision or order of
any
superior authority made within the scope of the jurisdiction of the
latter
and issued with all the legal formalities, shall suffer the penalties
of
arresto mayor in its medium period to prision correccional in its
minimum
period, temporary special disqualification in its maximum period and a
fine not exceeding 1,000 pesos.
Art. 232. Disobedience to order of superior officer, when said
order
was suspended by inferior officer. - Any public officer who, having
for any reason suspended the execution of the orders of his superiors,
shall disobey such superiors after the latter have disapproved the
suspension,
shall suffer the penalties of prision correccional in its minimum and
medium
periods and perpetual special disqualification.
Art. 233. Refusal of assistance. - The penalties of arresto
mayor
in its medium period to its prision correccional in its minimum period,
perpetual special disqualification and a fine not exceeding 1,000
pesos,
shall be imposed upon a public officer who, upon demand from competent
authority, shall fail to lend his co-operation towards the
administration
of justice or other public service, if such failure shall result in a
serious
damage to the public interest, or to a third party; otherwise, arresto
mayor in its medium and maximum periods and a fine not exceeding 500
pesos
shall be imposed.
Art. 234. Refusal to discharge elective office. - The penalty
of
arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be
imposed
upon any person who, having been elected by popular election to a
public
office, shall refuse without legal motive to be sworn in or to
discharge
the duties of said office.
Art. 235. Maltreatment of prisoners. - The penalty of arresto
mayor
in its medium period to prision correccional in its minimum period, in
addition to his liability for the physical injuries or damage caused,
shall
be imposed upon any public officer or employee who shall overdo himself
in the correction or handling of a prisoner or detention prisoner under
his charge, by the imposition of punishment not authorized by the
regulations,
or by inflicting such punishment in a cruel and humiliating manner.
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If the purpose of the maltreatment is to extort a confession, or to
obtain
some information from the prisoner, the offender shall be punished by
prision
correccional in its minimum period, temporary special disqualification
and a fine not exceeding 500 pesos, in addition to his liability for
the
physical injuries or damage caused.
Section
Two. - Anticipation prolongation and abandonment of the duties and
powers
of public office.
Art. 236. Anticipation of duties of a public office. - Any
person
who shall assume the performance of the duties and powers of any public
office or employment without first being sworn in or having given the
bond
required by law, shall be suspended from such office or employment
until
he shall have complied with the respective formalities and shall be
fined
from 200 to 500 pesos.
Art. 237. Prolonging performance of duties and powers. - Any
public
officer who shall continue to exercise the duties and powers of office,
employment or commission, beyond the period provided by law, regulation
or special provisions applicable to the case, shall suffer the
penalties
of prision correccional in its minimum period, special temporary
disqualification
in its minimum period and a fine not exceeding 500 pesos.
Art. 238. Abandonment of office or position. - Any public
officer
who, before the acceptance of his resignation, shall abandon his office
to the detriment of the public service shall suffer the penalty of
arresto
mayor.
If such office shall been abandoned in order to evade the discharge of
the duties of preventing, prosecuting or punishing any of the crime
falling
within Title One, and chapter One of title Three of Book Two of this
Code,
the offender shall be punished by prision correccional in its minimum
and
medium periods, and by arresto mayor if the purpose of such abandonment
is to evade the duty of preventing, prosecuting or punishing any other
crime.
Section
Three. - Usurpation of powers and unlawful appointments
Art. 239. Usurpation of legislative powers. - The penalties of
prision
correccional in its minimum period, temporary special disqualification
and a fine not exceeding 1,000 pesos, shall be imposed upon any public
officer who shall encroach upon the powers of the legislative branch of
the Government, either by making general rules or regulation beyond the
scope of his authority, or by attempting to repeal a law or suspending
the execution thereof.
Art. 240. Usurpation of executive functions. - Any judge who
shall
assume any power pertaining to the executive authorities, or shall
obstruct
the latter in the lawful exercise of their powers; shall suffer the
penalty
of arresto mayor in its medium period to prision correccional in its
minimum
period.
Art. 241. Usurpation of judicial functions. - The penalty of
arresto
mayor in its medium period to prision correccional in its minimum
period
shall be imposed upon any officer of the executive branch of the
Government
who shall assume judicial powers or shall obstruct the execution of any
order or decision rendered by any judge within his jurisdiction.
Art. 242. Disobeying request for disqualification. - Any public
officer who, before the question of jurisdiction is decided, shall
continue
any proceeding after having been lawfully required to refrain from so
doing,
shall be punished by arresto mayor and a fine not exceeding 500 pesos.
Art. 243. Orders or requests by executive officers to any judicial
authority. - Any executive officer who shall address any order or suggestion
to
any judicial authority with respect to any case or business coming
within
the exclusive jurisdiction of the courts of justice shall suffer the
penalty
of arresto mayor and a fine not exceeding 500 pesos.
Art. 224. Unlawful appointments. - Any public office who shall
knowingly
nominate or appoint to any public office any person lacking the legal
qualifications
therefor, shall suffer the penalty of arresto mayor and a fine not
exceeding
1,000 pesos.
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Section
Four. - Abuses against chastity
Art. 245. Abuses against chastity; Penalties. - The penalties
of
prision correccional in its medium and maximum periods and temporary
special
disqualification shall be imposed: Upon any public officer who shall
solicit
or make immoral or indecent advances to a woman interested in matters
pending
before such officer for decision, or with respect to or consult with a
superior officer; Any warden or other public officer directly charged
with
the care and custody of prisoners or persons under arrest who shall
solicit
or make immoral or indecent advances to a woman under his custody.
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If the person solicited be the wife, daughter, sister or relative
within
the same degree by affinity of any person in the custody of such warden
or officer, the penalties shall be prision correccional in its minimum
and medium periods and temporary special disqualification.
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