FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1053

House Bill No.

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

Our poor and uneducated countrymen are the usual victims of the
violation of this particular penal provision. 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 author submits 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.

RUFUS B. IRIGUEZ

WH :

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1059

AN ACT
AMENDING ARTICLE 177 OF THE REVISED PENAL CODE (ACT NO. 3815,
AS AMENDED) BY INCREASING THE PENALTY PROVIDED THEREIN,
AND FOR OTHER PURPOSES.

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

SECTION 1. Article 177 of the Revised Penal Code (Act. No. 3815, as
amended) is hereby 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 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 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
issuances inconsistent with this Act, are hereby repealed, amended or modified
accordingly.

SEC 3. Effectivity. This Act shall take effect after fifteen (15) days
following its publication in at least two (2) newspapers of general circulation.

Approved,