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Ps qemeten int SECRETARY

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )

First Regular Session ) se Sian wo
SENATE yw os,
RECEIVED BY: ¥ a

S.B.No,.2107 ~

Introduced by Senator FRANCIS G. ESCUDERO

EXPLANATORY NOTE

Article 177 of the Revised Penal Code (Act No. 3815, as amended) may be
committed in two ways’

(a) By knowingly and falsely representing oneself to be an officer,
agent or representative of any department or agency of the
Philippine Government or of any foreign government.

(b) By performing any act pertaining to any person in authority or
public officer of the Philippine Government or of foreign
government or any agency thereof, under pretense of official
position, and without being lawfully entitled to do so.

It is common that private individuals pretend to be police officers in perpetrating
serious crimes like kidnapping or serious illegal detention to avoid resistance from their
victims. Worse, many also complain of actual officials who are performing acts
pertaining to another person in authority or officer of the government under pretense of
official position even if he is not lawfully entitled to do so.

Such falsities, misrepresentations and/or usurpation of authority as defined in
the aforementioned Revised Penal Code provision, should be treated more seriously by
providing a heavier penalty. Presently, the penalty imposed is prision correccional in its
minimum and medium periods. This is equivalent to imprisonment of six months and
‘one day to two years and four months up to four years and two months.

‘The authors submit that the penalty imposed is not commensurate to the kind of
offense committed and the damage that may be incurred by the victim, especially if the
perpetrator is a public official.

This bill seeks to amend Article 177 of the Revised Penal Code, as amended by
increasing the penalty provided therein to prision mayor in its minimum and medium
periods. Should the offender be a public official, the penalty to be imposed shall be
prision mayor in its maximum period. In the light of the foregoing considerations,
passage of this bill is earnestly sought

FRANCIS G. ESCUDERO


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

16
7

SENATE
5.B.No, 2107

Introduced by Senator FRANCIS G. ES;CUDERO

amended to read as follows:

AN ACT
AMENDING ARTICLE 177 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Article 177 of Act. No. 3815, as amended, is hereby further

“ ART. 177 Usurpation of authority or official functions. Any person who shall
knowingly and falsely represent himself to be an officer, agent or representative
of any department or agency of the Philippine Government or of any foreign
government, or who, under pretense of official position, shall perform any act
pertaining to any person in authority or public officer of the Philippine
Government or of any foreign government, or any agency thereof, without being
lawfully entitled to do so, shall suffer the penalty of [prision correctional]
PRISION MAYOR in its minimum and medium periods: PROVIDED, THAT IF
THE OLFENDER IS A PUBLIC OFFICIAL, THE PENALTY TO BE IMPOSED
SHALL. BE IN ITS MAXIMUM PERIOD.”

SEC 2. Repealing Clause, All laws, decrees, ordinances, rules and regulations,

executive or administrative orders, and other presidential issuance inconsistent with
this Act, are hereby repealed, amended or modified accordingly.

SEC3. Effectivity. This Act shall take effect fifteen (15) days following its

publication in at least (2) newspapers of general circulation.

Approved,