Article 30Act No. 3815, Sec./Art. 30

Effects of the penalties of perpetual or temporary absolute disqualification.-The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:

1. The deprivation of the public offices and employments which the offender may have held, even if conferred by popular election.

2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office.

3. The disqualification for the offices or public employment and for the exercise of any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.

4. The loss of all right to retirement pay or other pension for any office formerly held.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Article 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

Article 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

Two hundred thousand pesos (P200,000) o, 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 Two hundred

thousand pesos (P200,000), 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.

Article 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 Four hundred thousand pesos (P400,000).

Article 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 Four hundred

thousand pesos (P400,000).

Section Three. - Revelation of secrets

Article 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 Four hundred thousand pesos

(P400,000) if the revelation of such secrets or the delivery

of such papers shall have caused serious damage to the

public

interest;

otherwise,

the

penalties

of

prision

correccional in its minimum period, temporary special

disqualification and a fine not exceeding One hundred

thousand pesos (P100,000) shall be imposed.

Article 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 Two

hundred thousand pesos (P200,000).

Chapter Six OTHER OFFENSES OR IRREGULARITIES

BY PUBLIC OFFICERS

Section One. - Disobedience, Refusal of Assistance and

Maltreatment of Prisoners

Article 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 Two hundred thousand pesos (P200,000).

Article 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.

Article 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 Two hundred

thousand pesos (P200,000), 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

One

hundred

thousand

pesos

(P100,000)

shall

be

imposed.

Article 234. Refusal to discharge elective office. - The

penalty of arresto mayor or a fine not exceeding Two

hundred thousand pesos (P200,000), 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.

Article 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 One hundred

thousand pesos (P100,000), 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.

Article 236. Anticipation of duties of a public office. - Any

person who shall assume the performance of the duties

and powers of any public officer or employment without

first being sworn in or having given the bond required by

law, shall be suspended from such office or employment

until

he

shall

have

complied

with

the

respective

formalities and shall be fined from Forty thousand pesos

(P40,000) to One hundred thousand pesos (P100,000).

Article

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 One hundred

thousand pesos (P100,000).

Article 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 .

© Compiled By RGL

30 of 201