Republic of the Philippi
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8542

Introduced by Representative Julienne “Jam” L. Baronda

AN ACT
INCREASING THE PENALTIES UNDER ARTICLE 217 OF THE REVISED
PENAL CODE, AMENDING FOR THAT PURPOSE ACT NO. 3815, AS.
AMENDED

EXPLANATORY NOTE

President Rodrigo Roa Duterte in his meeting with the legislators on 16 September 2020
asked Congress to look into measures that would address rampant graft and corruption in the
country, including increasing penalties imposed for malversation of public funds.

The increase of the penalties for malversation of public funds would operationalize the
Constitutional provision that “Public office is a public trust” and “Public officers and employees
must, at all times, be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead modest lives.”!

This measure seeks to upgrade the penalties for malversation by moving up the periods of
the divisible penalties provided in article 217 of the Revised Penal Code: from prision mayor in
its minimum to medium periods to prision mayor in its medium and maximum periods. It will
also make the penalty of reclusion perpetua imposable to a lower amount: from PhP 8,800,000.00
to PhP 4,400,000.00.

Passage of this bill is eamestly sought.

JULIENNE 454M®L. BARONDA
Lone District of Hoilo City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Sessi
8542

HOUSE BILL NO.

Introduced by Representative Julienne “Jam” L. Baronda

AN ACT
INCREASING THE PENALTIES UNDER ARTICLE 217 OF THE REVISED
PENAL CODE, AMENDING FOR THAT PURPOSE ACT NO. 3815, AS
AMENDED

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

SECTION 1. Article 217 of Act No. 3815, otherwise known as “The Revised Penal
Code,” as amended by Republic Act Nos. 1060 and 10951, is hereby further amended to
read as follows:

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, shali 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 TO PRISION MAYOR IN ITS
MINIMUM PERIOD, if the amount involved in the
misappropriation or malversation does not exceed Forty
thousand pesos (P40,000).

2. The penalty of prision mayor in its minimum-and medium
AND MAXIMUM periods, if the amount involved is more
than Forty thousand pesos (P40,000) but does not exceed

wo hundred thousand pesos (P1,200,000).

2


3. The penalty of prision-mayor-in-its- maximum_period-to
reclusion temporal in its minimum TO MEDIUM periodS,
if the amount involved is more than One million two
hundred thousand pesos (P1,200,000) but does not
exceed Two million four hundred thousand pesos
(P2,400,000).

4. The penalty of reclusion temporal, in its medium-and
maximum periods, if the amount involved is more than
‘Two million four hundred thousand pesos (P2,400,000)
but does not exceed Four million four hundred thousand
pesos (P4,400,000).

5. The penalty of reclusion temporal in its maximum period
RECLUSION PERPETUA, if the amount involved is more
than Four million four hundred thousand pesos
(P 4,400,000). but-does-not-exceed_Eight-million-cight

execeds the latter, the penalty shall be reelusion-perpel

Inall 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 uses.

SEC. 2. Separability Clause, — Should any provision of this Act be declared

invalid, the remaining provisions shall continue to be valid and subsisting.

SEC. 3. Repealing Clause. — All laws, executive orders, or administrative orders,
rules and regulations or parts thereof, which are inconsistent with this Act are hereby
amended or modified accordingly.

SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,