Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

HOUSE BILLNO.__ 2921

Introduced by REP. SALVADOR H. ESCUDERO III

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 goverment 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
eamestly sought.

Lp 00
SALVADOR H. ESCUDERO UI
Representative
1® District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

15" CONGRESS
First Regular Session

HOUSE BILLNO._29291

Introduced by REP. SALVADOR H. ESCUDERO Il

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 amended to

read as follows:

“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 t0 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 OFFENDER 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.

SEC 3. Effectivity. This Act shall take effect fifteen (15) days following its

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

Approved,