Section 42Sec./Art. 42

Penalty.

(a) Any person found to have participated directly or indirectly in the commission of fraud, collusion, falsification, or misrepresentation in any transaction with the System whether for him or for some other persons, shall suffer the penalties provided for in Article one hundred seventy two of the Revised Penal Code.

(b) Whoever shall obtain or receive any money or check invoking any provision of this Act or any agreement thereunder, without being entitled thereto with the intent to defraud any member, any employer, the System, or any third party, shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos or by imprisonment of not less than six months nor more than one year, or both, at the discretion of the court.

(c) Whoever fails or refuses to comply with the provision of this Act or with the rules and regulations adopted by the System shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or by imprisonment of not less than six months nor more than one year, or both, at the discretion of the court.

(d) The treasurer, finance officer, cashier, disbursing officer, or other employee who fails or refuses or delays by more than three months, to deduct the contributions of the employee shall be punished by a fine of not less than one thousand pesos nor more than five thousand pesos, or by imprisonment of not less than one year nor more than five years, or both, at the discretion of the court and shall, moreover, be disqualified from holding public office and from practicing any profession or calling licensed by the Government.

(e) Any employee or member who receives or keeps fund or property belonging, payable or deliverable to the System and appropriates the same, or takes or misappropriates or uses the same to any purpose other than that authorized by this Act, or permits another person to take, misappropriate or use said fund or property by expressly consenting thereto, or through abandonment or negligence, or is otherwise guilty of the mis-appropriation of said fund or property, in whole or in part, shall suffer the penalties provided in Article two hundred seventeen of the Revised Penal Code.

(f) Any employee, who, after deducting the monthly contribution or loan amortization from a member's compensation fails to remit the same to the System within thirty days from the date they should have been remitted under section 6(a) shall be presumed to have misappropriated such contribution or loan amortization and shall suffer the penalties provided in Article three hundred fifteen of the Revised Penal Code.

(g) Criminal actions arising from violations of the provisions of this Act may be commenced by the System or by the aggrieved member, either under this Act or, in appropriate cases, under the Revised Penal Code.