#6 y Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILLNO. _ 2252

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

The late Representative Pedro P, Romualdo originally filed this bill in the previous 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 modi
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 eamestly requested.

XAVIER JESUS “XJ” D. ROMUALDO.



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

First Regular Session

HOUSE BILL NO. 2252

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

AN ACT FURTHER
AMENDING ARTICLES 217, 218, 219, 220, 221, AND 222 OF ACT NO. 3815,
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 217, as amended, of Act No. 3815, otherwise known as the Revised Penal
Code, 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 ARRE! 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 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.

Section 2. Article 218 of Act No. 3815, otherwise known as the Revised Penal 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 COMMISSION ON AUDIT

itor: incl F] 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 OF TWENTY THOUSAND PESOS
[ranging -from-200-t0-6,000-peses}, or both.

Section 3. Article 219 of Act No. 3815, otherwise known as the Revised Penal 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
PHILIPPINES [Philippine—tslands] without securing a certificate from the
COMMISSION ON AUDIT [Insular Auditor] 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 [200-t0-1,000] pesos, or both.

Section 4. Article 220 of Act No. 3815, otherwise known as the Revised Penal Code, is hereby
amended to read, as follows:

Art. 220, TECHNICAL MALVERSATION [Hlegal-wse-of publie-funds-or-property].
— ‘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 EQUIVALENT TO FIFTY PERCENT OF THE
SUM OR VALUE OF THE PROPERTY [ranging from-one-halfto-the-total-value-of
the-sum] misapplied, if by reason of such misapplication, any damage or
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 from FIVE TO FIFTY PERCENT OF THE SUM OR VALUE OF THE
PROPERTY [5-te-50-per-eent-of the-sum] misapplied.

Section 5. Article 221 of Act No. 3815, otherwise known as the Revised Penal 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 possession, who
shall fail to make such payment, shall be punished by arresto mayor and a fine from
FIVE TO TWENTY-FIVE PERCENT [S-t-25-per-cent] 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 FIVE THOUSAND [59] pesos.

Section 6, Article 222 of Act No. 3815, otherwise known as the Revised Penal Code, is hereby
amended to read, as follows:

‘Art, 222, PERSONS [Officers] included in the preceding provisions. — The
provisions of this chapter shall apply to private individuals who, in any capacity
WHATSOEVER [whatever], have charge of any PUBLIC [insular,-provineial,-or
municipal] 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.

Section 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.

Section 8. All laws, decrees, executive orders, proclamations, rules and regulations and other
issuances or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 9. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers
of general circulation.

‘Approved,