Article 29Act No. 3815, Sec./Art. 29

One-half of the period of the preventive imprisonment deducted from term of imprisonment.-Offenders who nave undergone preventive imprisonment shall be credited in the service of their sentences consisting of deprivation of liberty, with one-half of the time during which they have undergone preventive imprisonment, except in the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime;

2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily;

3. When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.

SECTION TWO.-Effects of the penalties according to their respective nature

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

ranging from Forty thousand pesos (P40,000) to Two

hundred thousand pesos (P200,000), 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.

Article 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 Forty thousand pesos (P40,000) to Two

hundred thousand pesos (P200,000, 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

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 prisión correccional in its medium and

maximum

periods,

if

the

amount

involved

in

the

misappropriation or malversation does not exceed Forty

thousand pesos (P40,000).

2. The penalty of prisión mayor in its minimum and

medium periods, if the amount involved is more than

Forty thousand pesos (P40,000) but does not exceed One

million two hundred thousand pesos (P1,200,000).

3. The penalty of prisión mayor in its maximum period to

reclusion temporal in its minimum period, if the amount

involved is more than One million two hundred thousand

pesos (P1,200,000) but does not exceed Two million four

hundred thousand pesos (P2,400,000).

4. The penalty of reclusion temporal, in its medium and

maximum periods, if the amount involved is more than

Two million four hundred thousand pesos (P2,400,000)

but does not exceed Four million four hundred thousand

pesos (P4,400,000).

5. The penalty of reclusion temporal in its maximum

period, if the amount involved is more than Four million

four hundred thousand pesos (P4,400,000) but does not

exceed Eight million eight hundred thousand pesos

(P8,800,000).

If

the

amount

exceeds

the latter, the

penalty shall be 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 uses.

(As amended by RA 1060, Republic Act No. 10951, [August

29, 2017]).

Article 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 Forty thousand pesos (P40,000) to One million

pesos (P1,000,000), or both.

Article 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 Forty thousand pesos (P40,000) to Two

hundred thousand pesos (P200,000) or both.

Article 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.

Article 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 percent 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 Ten

thousand pesos (P10,000).

Article 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

Article 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.

Article 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.

© Compiled By RGL

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