Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16") CONGRESS
First Regular Session 4

House Bill No, 447 6

Introduced by: HON. AMADO S. BAGATSING

Explanatory Note
An article where the Supreme Court decided a case said

“The court should give Congress a chance to perform its primordial
duty of iawmaking. The court should not pre-empt Congress and usurp its
inherent powers of making and enacting laws, While it may be the most
expeditious approach, a shortcut by judicial fiat is a dangerous
proposition, lest the court dare trespass on prohibited judicial legislation”
(PDI, May 8, 2014, pp. AG)

This bill therefore seeks to amend Art, 217 of the RPC, where the amount involved
exceeds 22,000 pesos, and the penalty of which shall be reclusion temporal in its maximum
period to reclusion perpetua,

‘The said provision of law was enacted by Congress in 1932 and was amended by
Republic Act No. 1060 approved on June 12, 1954, Sincg that time, our economy has been
negatively affected considering that the amount provided under Art. 217 of the RPC no
longer corresponds to the penalties which are reclusion temporal in its maximum period to
reclusion perpetua Reclusion Perpetua, being capital punishment under Section 13 of
Article 3 of our constitution therefore makes the crime non-bailable: thus, it was not the
intention of the law nor the Constitution

‘The Congress should now move for this amendment. No less than the majority of the
Supreme Court said that “it should be left to the legislature to make revision in the RPC and
adapt it to modern times.”

In view of the foregoing, the passage of this bill is earnestly sought.

Spa

AMADO S. BAGATSING
Representative
3" District, Manila



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16") CONGRESS
First Regular Session

4476

House Bill No,

Introduced by: HON. AMADO S. BAGATSING

AN ACT.
AMENDING ART. 217 OF THE REVISED PENAL CODE,

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

Section 1, Article 217 of the Revised Penal Code as amended, is hereby further amended as
follows

“Article 217. Malversation of public funds or property- Presumption of
malversation. — 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, 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
[ovo hundred] TWENTY THOUSAND pesos.

2. The penalty of prisiof! mayor in its minimum and medium periods, if the
amount involved is more than [two hundred] TWENTY THOUSAND pesos
but does not exceed (six thousand] SIX HUNDRED THOUSAND pesos.

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] SIX
HUNDRED THOUSAND pesos but is less than [twelve thousand] ONE
MILLION TWO HUNDRED THOUSAND pesos.

4, The penalty of reclusion temporal, in its medium and maximum periods, if
the amount involved is more than twelve thousand] ONE MILLION TWO
HUNDRED THOUSAND pesos but is less than [twenty two thousand] TWO
MILLION TWO HUNDRED THOUSAND pesos. If the’amount exceeds the


fatter, the penalty shall be reclusion temporal in its maximum period to
reclusion Perpetua,

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
mal versed 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. (As amended by Rep, Act No. 1060, approved June
12, 1954.)

Section 2. ‘All laws, decrees, orders, rules and regulations which are inconsistent with this
‘Act are hereby amended or repealed accordingly.

Section 3, ‘This Act shall take effect upon its approval.

Approved,