THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
103 
S.B. No. 
introduced by Senator Jinggoy Ejercito Estrada 
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 any foreign government. 
By performing any act pertaining to any person in authority or public officer 
of the Philippine Government or of a foreign government or any agency 
thereof, under pretense of official position, and without being lawfully 
entitled to do so. 
b. 
Our poor or uneducated countrymen are the usual victims of the violation of this 
particular penal provision. Not a few come to this author's office complaining that 
persons pretending to be police officers accosted and extorted money from them. It is 
also common that private individuals pretend to be police officers in perpetrating serious 
crime like kidnapping or serious illegal detention to avoid resistance from their victims. 
Worse, many also complained of actual public officials who are performing acts 
pertaining to another person in authority or public officer of the government under 
pretense of official position even if he is not lawfully entitled to do so. 
Such falsities, misrepresentations andlor usurpation, as defined in the 
aforementioned Revised Penal Code provision, should be treated more seriously by 
providing a heavier penalty. Presently, the penalty imposable is prision correctional in its 
minimum and medium periods. This simply means a possible imprisonment of six 
months and one day to two years and four months (prisoin correctional in its minimum 
period); or two years, four months and one day to four years and two months (prision 
correctional in its medium period). The author submits that the penalty imposable is not 


commensurate to the kind of offense committed and the damage that may be incurred 
to the victim, especially if the perpetrator is a public official. 
This bill seeks to amend Article I77 of the Revised Penal Code (Act no. 3815, as 
amended) by increasing the penalty provided therefore to prision mayor in its minimum 
and medium periods. However, if the offender is a public official, the penalty to be 
imposed shall be prision mayof in its maximum period. 
In the light :of the foregoing considerations, passage of this bill is earnestly 
sought. 
EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
AMENDING ARTICLE 177 OF THE REVISED PENAL CODE (ACT NO. 3815, 
AS AMENDED) BY INCREASING THE PENALTY PROVIDED THEREFORE 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate of the Philippines and the House of Representatives 
in Congress assembled: 
Section 1. 
Article 177 of the Revised Penal Code (Act No. 381 5, 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 PUBLlC OFFICIAL, THE PENALTY TO BE IMPOSED SHALL 
BE IN ITS #MIMUM PERIOD.” 
Section 2. 
Repealing Clause. -All laws, decrees, ordinances, rules and 
regulations, executive or administrative orders, and other presidential issuance 
inconsistent with this Act, are hereby repealed, amended or modified accordingly. 
Section 3. 
Effecfivify- 
-This Act shall take effect after (15) days following its 
publication in at least two (2) newspapers of general circulation. 
Approved,