Article 28Act No. 3815, Sec./Art. 28

Computation of penalties.-If the offender shall be in prison the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Chapter Two MALFEASANCE AND MISFEASANCE IN

OFFICE

Section One. - Dereliction of duty

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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 Forty

thousand pesos (P40,000) to Two hundred thousand

pesos (P200,000), or both, shall be imposed upon any

attorney-at-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

Article 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.

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. 871, approved May 29, 1985).

Article 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.

871,

approved May 29, 1985).

Article 211-A. Qualified bribery. - If any public officer is

entrusted with law enforcement and he refrains from

arresting or prosecuting an offender who has committed

a crime punishable by reclusion perpetua and/or death in

consideration of any offer, promise, gift or present, he

shall suffer the penalty for the offense which was not

prosecuted.

If it is the public officer who asks or demands such gift or

present, he shall suffer the penalty of death. (As added by

Sec. 4, RA No. 7659).

Article 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

Article 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 Forty thousand (P40,000) to Two

million pesos (P2,000,000), 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.

Article 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.

Article 215. Prohibited transactions. - The penalty of

prision correccional in its maximum period or a fine

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