THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
6 JUM -7 
i-'4 :36 
SENATE 
2368 
S. No. 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The attached bill amends Articles 217, 309 and 315 of the Revised 
Penal Code pertaining to the value of money on which the penalties for 
the crimes referred to therein are based. These crimes are malversation 
of public funds or propedy, fheff, and esfafa. 
This bill takes into 
consideration the present economic value of money and seeks the 
commensurate penalty to be imposed on the offender based on the 
present value of money malversed, stolen or swindled as the case may 
.be. Moreover, this bill will inure to the benefit of the accused where 
Section 4 thereof provides for the retroactivity with regard to the principal 
and accessory penalties in all cases of malversation and esfafa. 
Accordingly, the urgent passage of the bill is hereby recommended. 
J 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. 2 3 6 8  
6 j, 
-7 P 4 2 6  
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
INCREASING THE VALUE OF MONEY UPON WHICH THE PENALTES OF 
SOME CRIMES AGAINST PROPERTY ARE MEASURED, AMENDING FOR 
THE PURPOSE ARTICLES 217,309 AND 315 OF ACT NO. 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE AND FOR OTHER 
PURPOSES 
17- 
Ee,,enacted 
by the Senate and the House of Representatives of the 
Philippines in Congmss assembled: 
SECTION 1. Article 217of the Revised Penal Code is hereby amended to 
read as follows: 
“ART. 217. Malversation of public funds or prvpedy. - 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, or through 
abandonment or negligence, shall permit any ofher person to take 
such public funds or property, wholly or partially, or shall otherwise 
be guilty of the misappropriation of malversation of such or such 
property, shall suffer: 
1. 
The penalty of prision coneccional in its medium and 
maximum periods, if the amount involved in the 
misappropriation or malversation does not exceed [two 
hundred] FIVE THOUSAND Pesos (5,000.00). 
2. 
The penalty of prision mayor in its minimum and 
medium periods, if the amount involved is more than [two 
hundred] FIVE THOUSAND Pesos (P5,OOO.OO) but does not 
exceed !six] ONE HUNDRED FIFTY Thousand Pesos 
(P150,OOO.OO). 
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] ONE HUNDRED FIFTY 


Thousand Pesos (Pl50,OOO.OO) [but is less than twelve] 
DOES NOT EXCEED THREE HUNDRED Thousand Pesos 
(P300,OOO.OO). 
4. 
The penalty of reclusion temporal in its medium and 
maximum periods, if the amount involved is more than 
[twelve] THREE HUNDRED Thousand Pesos (P300,OOO.OO) 
but [is less than twenty-two] DOES NOT EXCEED FIVE 
HUNDRED FIFTY Thousand Pesos (P550,OOO.OO). If the 
amount exceeds the latter, the penalty shall be [reclusion 
temporal in its maximum period to] reclusion perpefua. 
In all cases, persons guilty of malversation shall also suffer 
the penalty of perpetual special disqualification and a fine of 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.” 
SECTION 2. Article 309 of the same Code is hereby amended to read as 
follows: 
“ART. 309. Penalties. - Any person guilty of theft shall be 
1. The penalty of prision mayor in its minimum and medium 
periods, if the value of the thing stolen is more than [12,000] 
Three Hundred Thousand Pesos (P300,OOO.OO) but does not 
exceed 
[22,000] Five Hundred Fifty Thousand Pesos 
(P550,OOO.OO); but if the value of the thing stolen exceeds 
the latter amount, the penalty shall be the maximum period 
of the one prescribed in this paragraph, and one (1) year for 
each additional [ten] TWO HUNDRED FIFTY Thousand 
Pesos (P250,000.00), 
but the total of the penalty shall not 
exceed twenty (20) years. In such cases, and in connection 
with the accessory penalties, which may be imposed, and for 
the purpose of the other provisions of this Code, the penalty 
shall be termed prision mayor or reclusion temporal, as the 
case may be. 
2. The penalty of prision comccional in its medium and 
maximum periods, if the value of the thing stolen is more 
than 
[6,000] 
One 
Hundred Fifty Thousand Pesos 
(P150,OOO.OO) but does not exceed [12,000] Three Hundred 
Thousand Pesos (P300,OOO.OO). 
3. The penalty of prision correccional in its minimum and 
medium periods, if the value of the property stolen is more 
than I2001 Five Thousand Pesos (P5,OOO.OO) but does not 
exceed [6,000] One Hundred Fifty Thousand Pesos 
(PI 50,000.00). 
punished by: 


4. Arresto mayor in its medium period to prision comccional 
in its minimum period, if the value of the property stolen is 
over [SO] 
One Thousand Two .Hundred Fifty Pesos 
(PI ,250.00) but does not exceed [200] Five Thousand Pesos 
(P5,OOO.OO). 
5. Amsfo mayor to its full extent, if such value is over [5] 
One Hundred Twenty Five Pesos (P125.00) but does not 
exceed [200] Five Thousand Pesos (P5,OOO.OO). 
6. Anesfo mayor in its minimum and maximum periods, if 
such value does not exceed [5] One Hundred Twenty Five 
Pesos (P125.00). 
7. Anesto menor or a fine not exceeding Two Hundred 
Pesos (P200.00), the theft is committed under the 
circumstances enumerated in paragraph 3 of the next 
preceding article and the value of the thing stolen does not 
exceed [5] One Hundred Twenty Five Pesos (P125.00). If 
such value exceed said amount, the provisions of any of the 
five preceding subdivisions shall be made applicable. 
8. Arresto menor in its minimum period or a fine not 
exceeding Fifty Pesos (P50.00), when the value of the things 
stolen is not over Five Pesos (P5.00) 11251, and the offender 
shall have acted under the impulse of hunger, poverty or the 
difficulty or earning a livelihood for the support of himself or 
his family. 
SECTION 3. Article 315 of the Same Code is hereby amended to read as 
follows: 
Art. 315. Swindling (estafa). - Any person who shall 
defraud another by any of the means mentioned herein below shall 
be punished by: 
Ist The penalty of prision correccional in its maximum 
period to prision mayor in its minimum period, if the amount of the 
fraud is over [12,000] 
Three Hundred Thousand Pesos 
(P300,OOO.OO) but does not exceed [22,000] Five Hundred Fifty 
Thousand Pesos (P550,000.00), and if such amount exceeds the 
latter sum, the penalty provided in this paragraph shall be imposed 
in its maximum period, adding one (1) year for each additional 
[lO,OOO] Two Hundred Fifty Thousand Pesos (P250,OOO.OO); but 
the total penalty which may be imposed shall not exceed twenty 
(20) years. In such cases, and in connection with the accessory 
penalties which may be imposed under the provisions of this Code, 
the penalty shall be termed prision mayor or reclusion temporal, as 
the case may be. 
2nd. The penalty of prision correccional in its minimum and 
medium periods, if the amount of the fraud is over [6,000] One 
Hundred Fifty Thousand Pesos (PI 50,000.00) but does not exceed 
[12,000] Three Hundred Thousand Pesos (P300,OOO.OO); 


3rd. The penalty of aresfo mayor in its maximum period to 
prision coneccional in its minimum period if such amount is over 
[200] Five Thousand Pesos (P5,OOO.OO) but does not exceed 
[S,OOO] One Hundred Fifty Thousand Pesos (P150,OOO.OO); and 
4th. By arrest0 mayor in its maximum period, if such amount 
does not exceed Twenty Pesos (P20.00) [500], provided that in the 
four cases mentioned, the fraud be committed by any of the 
following means: 
1. With unfaithfulness or abuse of confidence, namely: 
(a) By altering the substance, quantity, or quality or anything 
of value which the offender shall deliver by virtue of an 
obligation to do so, even though such obligation be based on 
an immoral or illegal consideration. 
(b) By misappropriating or converting, to the prejudice of 
another, money, goods, or any other personal property 
received by the offender in trust or on commission, or for 
administration, or under any other obligation involving the 
duty to make delivery of or to return the same, even though 
such obligation be totally or partially guaranteed by a bond; 
or by denying having received such money, goods, or other 
property. 
(c) By taking undue advantage of the signature of the 
offended party in blank, and by writing any document above 
such signature in blank, to the prejudice of the offended 
party or of any third person. 
2. By means of any of the following false pretenses or 
fraudulent acts executed prior to or simultaneously with the 
commission of the fraud: 
(a) 
By using fictitious name, or falsely pretending to 
possess power, influence, qualifications, property, credit, 
agency, business or imaginary transactions, or by means of 
other similar deceits. 
(b) 
By altering the quality, fineness or weight of anything 
pertaining to his art or business. 
(c) 
By pretending to have bribed any Government 
employee, without prejudice to the action for calumny which 
the offended party may deem proper to bring against the 
offender. In this case, the offender shall be punished by the 
maximum period of the penalty. 
(d) 
By post-dating a check, or issuing a check in payment 
of an obligation when the offender therein were not sufficient 
to cover the amount of the check. The failure of the drawer 
of the check to deposit the amount 'necessary to cover his 
check within three (3) days from receipt of notice from the 
bank andlor the payee or holder that said check has been 
dishonored for lack of insufficiency of funds shall be prima 
facie evidence of deceit constituting false pretense or 
fraudulent act. 


(e) 
By 
obtaining 
any 
food, 
refreshment 
or 
accommodation at a hotel, inn, restaurant, boarding house, 
lodging house, or apartment house and the like without 
paying therefor, with intent to defraud the proprietor or 
manager thereof, or by obtaining credit at hotel, inn, 
restaurant, boarding house, lodging house, or apartment 
house by the use of any false pretense, or by abandoning or 
surreptitiously removing any part of his baggage from a 
hotel, inn, restaurant, boarding house, lodging house or 
apartment house after obtaining credit, food, refreshment or 
accommodation therein without paying for his food, 
refreshment or accommodation. 
3. Through any of the following fraudulent means: 
(a) By inducing another, by means of deceit, to sign any 
document. 
(b) By resorting to some fraudulent practice to insure 
success in a gambling game. 
(c) By removing, concealing or destroying, in whole or in 
part, any court record, office files, document or any other 
papers. 
SECTION 4. This Act shall apply retroactively to the principal and 
accessory penalties in all cases of malversation provided in Article 217, Articles 
309 and 310, and estafa provided in Article 315 of the Revised Penal Code, as 
amended, committed before the effectivity of this Act whether already filed in 
court, still pending or already decided with finality. 
In case the penalty of imprisonment as adjusted under this Act is reduced 
to six (6) years or less, the accused whose case is pending appeal or the convict 
who is serving sentence shall have the right to apply for the benefits of the 
Probation Law of 1976, as amended: Provided, That if the penalty as reduced 
herein has already been fully served together with the adjustments for good 
behavior under Article 97 of the Revised Penal Code, the convict shall be 
released immediately or, if he is out on parole or under the Indeterminate 
Sentence Law, as amended, he shall be entitled to final release and discharge: 
Provided, Further, That all other convicts benefited by this Act shall be released 
as soon as they shall have served their reduced penalties. 


As regards cases where the accused arc? already serving final sentence, 
the application for probation heireunder, if proper, shall be filed within six (6) 
months from the effectivity of this Act with the trial court which originally took 
cognizance of the case of the applicant. With respect to cases pending appeal, 
the penalty imposed under the decision appealed from shall be automatically 
adjusted hereunder without need of any motion or notice from the accused. 
Thereupon, the accused may opt to desist from the appeal. Within six (6) months 
from the effectivity of this Act, said accused may apply for probation either with 
the appellate tribunal where the appeal may still be pending or with the court of 
origin where, in either case, the application for probation shall be disposed of. If 
the accused does not opt to desist from his appeal within six (6) months from the 
effectivity of this Act, he shall not be entitled to apply for probation regardless of 
the penalty imposed by final judgment. 
SECTION 5. All laws, decrees or executive orders and issuances and 
rules and regulations which are inconsistent with the provisions of this Act are 
hereby deemed repealed, amended or mbdifies accordingly. 
SECTION 6. This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in at least two (2) national newspapers of general 
circulation. 
Approved,