ACT NO.

3815 The Revised Penal Code

of the Philippines AN ACT REVISING THE
PENAL CODE AND OTHER PENAL LAWS

Art. 203. Who are public officers. For the purpose of applying the provisions of
this and the preceding titles of this book, any person who, by direct provision of
the law, popular election or appointment by competent authority, shall take part
in the performance of public functions in the Government of the Philippine
Islands, of shall perform in said Government or in any of its branches public
duties as an employee, agent or subordinate official, of any rank or class, shall
be deemed to be a public officer.

Chapter Two MALFEASANCE AND MISFEASANCE IN OFFICE Section One. Dereliction

of duty Art. 204. Knowingly rendering unjust judgment. Any judge who shall
knowingly render an unjust judgment in any case submitted to him for decision, shall
be punished by prision mayor and perpetual absolute disqualification. Art. 205.
Judgment rendered through negligence. Any judge who, by reason of inexcusable
negligence or ignorance shall render a manifestly unjust judgment in any case
submitted to him for decision shall be punished by arresto mayor and temporary
special disqualification. Art. 206. Unjust interlocutory order. Any judge who shall
knowingly render an unjust interlocutory order or decree shall suffer the penalty of
arresto mayor in its minimum period and suspension; but if he shall have acted by
reason of inexcusable negligence or ignorance and the interlocutory order or decree
be manifestly unjust, the penalty shall be suspension. Art. 207. Malicious delay in the
administration of justice. The penalty of prision correccional in its minimum period
shall be imposed upon any judge guilty of malicious delay in the administration of
justice. Art. 208. Prosecution of offenses; negligence and tolerance. The penalty of
prision correccional in its minimum period and suspension shall be imposed upon any
public officer, or officer of the law, who, in dereliction of the duties of his office, shall
maliciously refrain from instituting prosecution for the punishment of violators of the
law, or shall tolerate the commission of offenses. Art. 209. Betrayal of trust by an
attorney or solicitor. Revelation of secrets. In addition to the proper
administrative action, the penalty of prision correccional in its minimum period, or a
fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorneyat-law or solicitor ( procurador judicial) who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal
any of the secrets of the latter learned by him in his professional capacity. The same
penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial)
who, having undertaken the defense of a client or having received confidential
information from said client in a case, shall undertake the defense of the opposing

party in the same case, without the consent of his first client. Section Two. Bribery Art. 210.
Direct bribery. Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value
of the gift and] not less than three times the value of the gift in addition to the penalty
corresponding to the crime agreed upon, if the same shall have been committed. If the gift was
accepted by the officer in consideration of the execution of an act which does not constitute a
crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding
paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of
prision correccional, in its medium period and a fine of not less than twice the value of such gift. If
the object for which the gift was received or promised was to make the public officer refrain from
doing something which it was his official duty to do, he shall suffer the penalties of prision
correccional in its maximum period and a fine [of not less than the value of the gift and] not less
than three times the value of such gift. In addition to the penalties provided in the preceding
paragraphs, the culprit shall suffer the penalty of special temporary disqualification.chan robles
virtual law library The provisions contained in the preceding paragraphs shall be made applicable to
assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing
public duties. (As amended by Batas Pambansa Blg. 872, June 10, 1985). Art. 211. Indirect bribery.
The penalties of prision correccional in its medium and maximum periods, and public censure
shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office.
(As amended by Batas Pambansa Blg. 872, June 10, 1985). Art. 212. Corruption of public officials.
The same penalties imposed upon the officer corrupted, except those of disqualification and
suspension, shall be imposed upon any person who shall have made the offers or promises or given
the gifts or presents as described in the preceding articles. Chapter Three FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS Art. 213. Frauds against the public treasury and similar offenses.
The penalty of prision correccional in its medium period to prision mayor in its minimum period, or a
fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who: 1. In
his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall
enter into an agreement with any interested party or speculator or make use of any other scheme,
to defraud the Government; 2. Being entrusted with the collection of taxes, licenses, fees and other
imposts, shall be guilty or any of the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or larger than those
authorized by law. (b) Failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially. (c) Collecting or receiving, directly or indirectly, by way of
payment or otherwise things or objects of a nature different from that provided by law. When the
culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the
provisions of the Administrative Code shall be applied. Art. 214. Other frauds. In addition to the
penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of
temporary special disqualification in its maximum period to perpetual special disqualification shall
be imposed upon any public officer who, taking advantage of his official position, shall commit any
of the frauds or deceits enumerated in said provisions. Art. 215. Prohibited transactions. The
penalty of prision correccional in its maximum period or a fine ranging from 200 to 1,000 pesos, or
both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly
or indirectly become interested in any transaction of exchange or speculation within the territory
subject to his jurisdiction. Art. 216. Possession of prohibited interest by a public officer. The
penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine
ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or
indirectly, shall become interested in any contract or business in which it is his official duty to
intervene. This provisions is applicable to experts, arbitrators and private accountants who, in like
manner, shall take part in any contract or transaction connected with the estate or property in
appraisal, distribution or adjudication of which they shall have acted, and to the guardians and
executors with respect to the property belonging to their wards or estate. Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY Art. 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 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. 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. 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 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 RA 1060). 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
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, or both. 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
without securing a certificate from the Insular Auditor showing that his accounts have been finally
settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both. Art.
220. Illegal use of public funds or property. Any public officer who shall apply any public fund or
property under his administration to any public use other than for which such fund 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 of the sum misapplied, if by reason of such
misapplication, any damages 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 5 to 50 per cent
of the sum misapplied. 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 5 to 25 per cent of the sum
which he failed to pay. This provision shall apply to any public officer who, being ordered by
competent authority to deliver any property in his custody or under his 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 less than 50 pesos. Art. 222. Officers included in the preceding provisions. The
provisions of this chapter shall apply to private individuals who in any capacity whatever, have
charge of any insular, provincial 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. Chapter Five INFIDELITY OF PUBLIC OFFICERS Section One.
Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion. Any public officer who shall consent to the
escape of a prisoner in his custody or charge, shall be punished: 1. By prision correccional in its
medium and maximum periods and temporary special disqualification in its maximum period to
perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any
penalty. 2. By prision correccional in its minimum period and temporary special disqualification, in
case the fugitive shall not have been finally convicted but only held as a detention prisoner for any
crime or violation of law or municipal ordinance. Art. 224. Evasion through negligence. If the
evasion of the prisoner shall have taken place through the negligence of the officer charged with
the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto
mayor in its maximum period to prision correccional in its minimum period and temporary special
disqualification. Art. 225. Escape of prisoner under the custody of a person not a public officer.
Any private person to whom the conveyance or custody or a prisoner or person under arrest shall
have been confided, who shall commit any of the offenses mentioned in the two preceding articles,
shall suffer the penalty next lower in degree than that prescribed for the public officer. Section Two.
Infidelity in the custody of document Art. 226. Removal, concealment or destruction of
documents. Any public officer who shall remove, destroy or conceal documents or papers
officially entrusted to him, shall suffer: 1. The penalty of prision mayor and a fine not exceeding
1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the
public interest. 2. The penalty of prision correccional in its minimum and medium period and a fine
not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not
have been serious. In either case, the additional penalty of temporary special disqualification in its
maximum period to perpetual disqualification shall be imposed. Art. 227. Officer breaking seal.
Any public officer charged with the custody of papers or property sealed by proper authority, who
shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in
its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000
pesos. Art. 228. Opening of closed documents. Any public officer not included in the provisions of
the next preceding article who, without proper authority, shall open or shall permit to be opened
any closed papers, documents or objects entrusted to his custody, shall suffer the penalties or
arresto mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos. Section
Three. Revelation of secrets Art. 229. Revelation of secrets by an officer. Any public officer who
shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver
papers or copies of papers of which he may have charge and which should not be published, shall
suffer the penalties of prision correccional in its medium and maximum periods, perpetual special
disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery

minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be
imposed. Art. 230. Public officer revealing secrets of private individual. Any public officer to whom
the secrets of any private individual shall become known by reason of his office who shall reveal
such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. chan
robles virtual law library Chapter Six OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
Art. 231. Open disobedience. Any judicial or executive officer who shall openly refuse to execute
the judgment, decision or order of any superior authority made within the scope of the jurisdiction
of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its
medium period to prision correccional in its minimum period, temporary special disqualification in
its maximum period and a fine not exceeding 1,000 pesos. Art. 232. Disobedience to order of
superior officers, when said order was suspended by inferior officer. Any public officer who,
having for any reason suspended the execution of the orders of his superiors, shall disobey such
superiors after the latter have disapproved the suspension, shall suffer the penalties of prision
correccional in its minimum and medium periods and perpetual special disqualification. Art. 233.
Refusal of assistance. The penalties of arresto mayor in its medium period to prision correccional
in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall
be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his
cooperation towards the administration of justice or other public service, if such failure shall result
in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium
and maximum periods and a fine not exceeding 500 pesos shall be imposed. Art. 234. Refusal to
discharge elective office. The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or
both, shall be imposed upon any person who, having been elected by popular election to a public
office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. Art.
235. Maltreatment of prisoners. The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, in addition to his liability for the physical injuries or damage
caused, shall be imposed upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by inflicting such punishment in a cruel and
humiliating manner. If the purpose of the maltreatment is to extort a confession, or to obtain some
information from the prisoner, the offender shall be punished by prision correccional in its minimum
period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his
liability for the physical injuries or damage caused. Section Two. Anticipation, prolongation and
abandonment of the duties and powers of public office. Art. 236. Anticipation of duties of a public
office. Any person who shall assume the performance of the duties and powers of any public

employment until he shall have complied with the respective formalities and shall be fined from 200
to 500 pesos. Art. 237. Prolonging performance of duties and powers. Any public officer shall
continue to exercise the duties and powers of his office, employment or commission, beyond the
period provided by law, regulation or special provisions applicable to the case, shall suffer the
penalties of prision correccional in its minimum period, special temporary disqualification in its
minimum period and a fine not exceeding 500 pesos. Art. 238. Abandonment of office or position.
Any public officer who, before the acceptance of his resignation, shall abandon his office to the
detriment of the public service shall suffer the penalty of arresto mayor. If such office shall have
been abandoned in order to evade the discharge of the duties of preventing, prosecuting or
punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of
this Code, the offender shall be punished by prision correccional in its minimum and medium
periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime. Section Three. Usurpation of powers and
unlawful appointments Art. 239. Usurpation of legislative powers. The penalties of prision
correccional in its minimum period, temporary special disqualification and a fine not exceeding
1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the
legislative branch of the Government, either by making general rules or regulations beyond the
scope of his authority, or by attempting to repeal a law or suspending the execution thereof. Art.
240. Usurpation of executive functions. Any judge who shall assume any power pertaining to the
executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer
the penalty of arresto mayor in its medium period to prision correccional in its minimum period. Art.
241. Usurpation of judicial functions. The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and shall be imposed upon any officer of the executive branch of
the Government who shall assume judicial powers or shall obstruct the execution of any order or
decision rendered by any judge within its jurisdiction. Art. 242. Disobeying request for
disqualification. Any public officer who, before the question of jurisdiction is decided, shall
continue any proceeding after having been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a fine not exceeding 500 pesos. Art. 243. Orders or requests by
executive officers to any judicial authority. Any executive officer who shall address any order or
suggestion to any judicial authority with respect to any case or business coming within the exclusive
jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding
500 pesos. Art. 244. Unlawful appointments. Any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal qualifications therefor, shall suffer the
penalty of arresto mayor and a fine not exceeding 1,000 pesos. Section Four. Abuses against

 1. Upon any public officer who shall solicit or make

immoral or indecent advances to a woman interested in
matters pending before such officer for decision, or with
respect to which he is required to submit a report to or
consult with a superior officer; 2. Any warden or other
public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make
immoral or indecent advances to a woman under his
custody. If the person solicited be the wife, daughter,
sister of relative within the same degree by affinity of any
person in the custody of such warden or officer, the
penalties shall be prision correccional in its minimum and
medium periods and temporary special disqualification.