ACT NO.

3815
The Revised Penal Code of the Philippines AN ACT REVISING THE PENAL CODE AND
OTHER PENAL LAWS
Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIM INARY 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 in the performance of public functions
in the Government of the Philippine Islands, of shall perfotm 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.
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. — Dereliction of duty
Art. 204. Knowingly renderpng 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 have 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 of 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
commisson of offenses.

Art. 209. Betrayal of trust by an attorney or soffator. — Revelation of secrets. — In addition to

the proper administrative action, 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 attorney-at-law or
solicitor ( procurador judicial) who, 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

(procurador 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.

Section Two. — Bribery

Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a

crime, in connection with the performance of this 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 prision 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 ptision 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-chan robles virtual law library

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. (As amended by Batas Pambansa Blg. 872, June 10, 1985).

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. (As amended by Batas Pambansa Blg. 872, June 10,
1985).

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:
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 or any of the following acts or omissions:
(a) Demanding, directly, or indirectly, 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 the 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 in its
maximum period to perpetual 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 maximum 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 to prision correccional in its minimum period, or a fine ranging from 200
to 1 ,OOO 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 provisions 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 to 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 ma/versation. — 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, 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
malversation of such funds or property, shall suffer:
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 medium 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 period 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 redusion 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 of perpetual special
disqualification and a fine equal to the amount of the funds malversed or equal to the total
value of the property embezzled.

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 or property to personal use. (As amended by RA 1060).

Art. 218. Failure of accountable officer to render accounts. — Any public officer, whether in
the service or separated therefrom by resignation or any other cause, who is required by law
or regulation to render account to the Insular 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 6,000 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 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 damages 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 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
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,
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 OFFICERS
Section One. — Infidelity in the custody of prisoners
Art. 923. 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:
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 specal disqualification.

Art. 225. Escape ofpnsoner under the custody of a person not a public officer. — Any private
person to whom the conveyance or custody or 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 ofdocuments. — Any public officer who shall
remove, destroy or conceal documents or papers officially entrusted to him, shall suffer: 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 in its minimum and medium period and a fine
not exceeding 1 ,OOO 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 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. "8. 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 or arresto mayor, temporary special disqualification and a fine of 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 or copies of
papers of which he may have charge and which should not be published, shall suffer the
penalties of ptision 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 damage to the public interest; otherwise,
the penalties of prision correccional in its minimum period, temporary special disqualification
and a fine not exceeding 50 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
1 ,000 pesos. chan robles virtual law library

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 officers, 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
prision correccional in its minimum period, perpetual special disqualification and a fine not
exceeding 1 ,OOO pesos, shall be imposed upon a public officer who, upon demand from
competent authority, shall fail to lend his cooperation towards the administration of justice or
other public service, if such failure shall result in 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 ,OOO 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.

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 officer 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 shall continue to
exercise the duties and powers of his 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 have 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 ,OOO 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 regulations 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]udpcla/ functions. — The penalty of arresto mayor in its medium
period to prision correccional in its minimum period and 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 its 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. 244. Unlawful appointments. — Any public officer 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 ,OOO pesos.

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:

1. 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 which he is required to submit a report to or consult with a superior officer;
2. 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.
If the person solicited be the wife, daughter, sister of 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.