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RECEIVED

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Republic of the Philippines
HOUSE OF REPRESENTATIVE!
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

2189

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

The late Representative Pedro P. Romualdo originally filed this bill in the 15" Congress
and was re-filed in the 16" Congress. The Explanatory Note of the late Representative
Romualdo is herein reproduced and adopted as the explanation for the filing of this bill

During the Third Congress, it passed Republic Act (RA) No. 1060, entitled
“An Act Increasing the Penalty for the Crime of Malversation of Public Funds
or Property, By Amending Article Two Hundred Seventeen of the Revised
Penal Code”, approved on 12 June 1954.

For nearly fifty-five (55) years, we have been implementing the penalties
prescribed under the Revised Penal Code as amended by R.A. No. 1060. It
is high time that we revisit the existing provisions of the Revised Penal Code
on the subject of “Malversation of Public Funds or Property’ as found in
Articles 217 — 222 of Chapter Four.

The intent of this proposal is to upgrade the existing penalty structure and
modify accordingly the equivalent misappropriated monetary value to reflect
the prevailing value of our Philippine peso.

In the present provisions, the monetary classification is too small and yet, the
penalties imposed are quite onerous. There are some cases which involved
less than twelve thousand pesos and the corresponding penalty ranges from
prision correccional to reclusion temporal in its minimum. Up to this day,
many persons are still languishing in jail serving their jail sentences and have
been meted out permanent disqualifications by the courts based on these
existing provisions

We need to revisit these provisions to promote a just and equitable law

In view of the foregoing, the support of the Members of Congress for the prompt and
timely passage of this proposed measure is earnestly requested.

Ac Pe

XAVIER JESUS D. ROMUALDO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SEVENTEENTH CONGRESS

First Regular Session

HOUSE BILL No. _2189

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO.

AN ACT AMENDING
ARTICLES 217, 218, 219, 220, 221, AND 222 OF ACT NO. 3815, OTHERWISE
KNOWN AS THE REVISED PENAL CODE, 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, 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 OR
HER 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 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, if the amount involved in the misappropriation or malversation

does not exceed two hundred pesos.

2. The penalty of prision mayor in its minimum and medium periods, if
the amount involved is more than two hundred pesos but does not

exceed six thousand pesos.


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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

thousand pesos but is less than twelve thousand pesos

4. The penalty of reclusion temporal, in its medium and maximum
periods, if the amount involved is more than twelve thousand pesos but
is less than twenty-two thousand pesos. If the amount exceeds the latter,
the penalty shall be reclusion temporal in its maximum period to

reclusion perpetua.]

1. THE PENALTY OF ARRESTO MAYOR IN ITS MEDIUM PERIOD, IF

THE AMOUNT OR VALUE OF THE PROPERTY INVOLVED DOES
NOT EXCEED TEN THOUSAND PESOS.

2. THE PENALTY OF ARRESTO MAYOR IN ITS MAXIMUM PERIOD,

IF THE AMOUNT OR VALUE OF THE PROPERTY INVOLVED IS
MORE THAN TEN THOUSAND PESOS BUT DOES NOT EXCEED
TWENTY THOUSAND PESOS.

3. THE PENALTY OF PRISION CORRECCIONAL IN ITS MINIMUM

PERIOD, IF THE AMOUNT OR VALUE OF THE PROPERTY
INVOLVED IS MORE THAN TWENTY THOUSAND PESOS BUT

DOES NOT EXCEED THIRTY THOUSAND PESOS.

4. THE PENALTY OF PRISION CORRECCIONAL IN ITS MEDIUM

AND MAXIMUM PERIODS, IF THE AMOUNT OR VALUE OF THE
PROPERTY INVOLVED IS MORE THAN THIRTY THOUSAND
PESOS BUT DOES NOT EXCEED FIFTY THOUSAND PESOS.


5. THE PENALTY OF PRISION MAYOR IN ITS MINIMUM AND
MEDIUM PERIODS, IF THE AMOUNT OR VALUE OF THE
PROPERTY INVOLVED IS MORE THAN FIFTY THOUSAND
PESOS BUT DOES NOT EXCEED ONE HUNDRED THOUSAND
PESOS.

6, THE PENALTY OF PRISION MAYOR IN ITS MAXIMUM PERIOD
TO RECLUSION TEMPORAL IN ITS MINIMUM PERIOD, IF THE
AMOUNT OR VALUE OF THE PROPERTY INVOLVED IS MORE
THAN ONE HUNDRED THOUSAND PESOS BUT DOES NOT

EXCEED TWO HUNDRED FIFTY THOUSAND PESOS.

7. THE PENALTY OF RECLUSION TEMPORAL, IN ITS MEDIUM AND
MAXIMUM PERIODS, IF THE AMOUNT OR VALUE OF THE
PROPERTY INVOLVED IS MORE THAN TWO HUNDRED FIFTY
THOUSAND PESOS BUT DOES NOT EXCEED FIVE HUNDRED
THOUSAND PESOS.

8. THE PENALTY OF RECLUSION PERPETUA, IF THE AMOUNT OR,
VALUE OF THE PROPERTY INVOLVED EXCEEDS FIVE
HUNDRED THOUSAND PESOS.

In all 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 OR SHE is chargeable, upon demand by any duly
authorized officer, shall be prima facie evidence that he OR SHE has put

such missing funds or property to personal use.


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SEC. 2. Article 218 of the same Code, is hereby amended to read as follows:

Art. 218. Failure of accountable officer to render accounts. — Any
public officer, whether in the service or separated therefrom by resignation
or any other cause, who is required by law or regulation to render account
to the [Insular Auditor, or to a provincial auditor] COMMISSION ON AUDIT
and who fails to do so for a period of two months after such accounts
should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine [ranging from 200 to 6,000 pesos] OF

TWENTY THOUSAND PESOS, or both.

SEC. 3. Article 219 of the same Code, is hereby amended to read as follows:

Art. 219. Failure of a responsible public officer to render accounts
before leaving the country. — Any public officer who unlawfully leaves or
attempts to leave the [Philippine Islands] PHILIPPINES without securing a
certificate from the [Insular Auditor] COMMISSION ON AUDIT showing that
his OR HER accounts have been finally settled, shall be punished by
arresto mayor, or a fine ranging from TWENTY THOUSAND TO FIFTY

THOUSAND [200to-4,000] pesos, or both

SEC. 4. Article 220 of the same Code is hereby amended to read as follows:

Art. 220. illegal use of public funds or property) TECHNICAL
MALVERSATION. — Any public officer who shall apply any public funds or
property under his OR HER administration to any public use other than for
which such funds or property were appropriated by law or ordinance shall
suffer the penalty of prision correccional in its minimum period or a fine
[ranging from one-half to the total value of the sum] EQUIVALENT TO
FIFTY PERCENT OF THE SUM OR VALUE OF THE PROPERTY

misapplied, if by reason of such misapplication, any damage or


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embarrassment shall have resulted to the public service. In either case, the

offender shall also suffer the penalty of temporary special disqualification

If no damage or embarrassment to the public service has resulted, the
penalty shall be a fine RANGING from [5 to 50 per cent of the sum] FIVE TO
FIFTY PERCENT OF THE SUM OR VALUE OF THE PROPERTY

misapplied

SEC. 5. Article 221 of the same Code is hereby amended to read as follows:

Art. 221. Failure to make delivery of public funds or property. — Any
public officer under obligation to make payment from Government funds in
his OR HER possession, who shall fail to make such payment, shall be
punished by arresto mayor and a fine RANGING from [5 to 25 per cent]

FIVE TO TWENTY-FIVE PERCENT of the sum which he OR SHE failed to

pay

This provision shall apply to any public officer who, being ordered by
competent authority to deliver any property in his OR HER custody or under

his OR HER administration shall refuse to make such delivery.

The fine shall be graduated in such case by the value of the thing, provided

that it shall not be less than [50] FIVE THOUSAND pesos.

SEC. 6. Article 222 of the same Code is hereby amended to read as follows:

Art. 222. [Officers] PERSONS included in the preceding provisions
— The provisions of this chapter shall apply to private individuals who, in
any capacity [whatever] WHATSOEVER, have charge of any [insular,
provincial, or municipal] PUBLIC funds, revenues, or property and to any
administrator or depository of funds or property attached, seized, or
deposited by public authority, even if such property belongs to a private

individual.


SEC. 7. If any provision of this Act is declared invalid or unconstitutional, the

other provisions not affected thereby shall continue to be in full force and effect.

SEC. 8. All laws, decrees, executive orders and issuances, rules and regulations,
and other issuances, or parts thereof, that are inconsistent with the provisions of this Act

are hereby repealed or modified accordingly

SEC. 9. This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in a newspaper of general circulation.

Approved