ACT NO.

3815
AN ACT REVISING THE PENAL CODE
AND OTHER PENAL LAWS

PRELIMINARY ARTICLE
This law shall be known as “The Revised Penal Code.”

BOOK ONE
General Provisions Regarding the Date of Enforcement and Application of the Provisions
of this Code, and Regarding the Offenses, the Persons Liable and the Penalties

PRELIMINARY TITLE
Date of Effectiveness and Application
of the Provisions of This Code

ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect on the first day of
January, nineteen hundred and thirty-two. ART. 21, 22

ARTICLE 2. Application of Its Provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who: ART. 21, 22

1. Should commit an offense while on a Philippine ship or airship; ART. 122-123; P.D.
532; R.A. 6235

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands; ART. 163,
165, 166-169

3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number; ART. 163, 165, 166-169

4. While being public officers or employees, should commit an offense in the exercise
of their functions; or ART. 203; Title VII Book II; R.A. 3019, 6713

5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code. Title I Book II
Related Articles:

ARTICLE 21. Penalties that may be imposed. — No felony shall be punishable by any
penalty not prescribed by law prior to its commission.

ARTICLE 22. Retroactive effect of penal laws. — Penal laws shall have a retroactive effect
in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this
term is defined in rule 5 of article 62 of this Code, although at the time of the publication
of such laws a final sentence has been pronounced and the convict is serving the same.
Back to ART. 1, 2(intro)
BOOK TWO
TITLE I: Crimes Against National Security and the Law of Nations

Chapter One - Crimes Against National Security

SECTION ONE
Treason and Espionage

ARTICLE 114. Treason. — Any person who, owing allegiance to the United States or the
Government of the Philippine Islands, not even a foreigner, levies war against them or
adheres to their enemies, giving them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusión perpetua to death and shall pay a fine not to
exceed P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least
to the same overt act or on confession of the accused in open court.

ARTICLE 115. Conspiracy and Proposal to Commit Treason — Penalty. — The conspiracy
or proposal to commit the crime of treason shall be punished respectively, by prisión
mayor and a fine not exceeding P10,000 pesos, and prisión correccional and a fine not
exceeding P5,000 pesos.

ARTICLE 116. Misprision of Treason. — Every person owing allegiance to the United States
or the Government of the Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, who conceals or does not disclose and make
known the same, as soon as possible to the governor or fiscal of the province, or the
mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an
accessory to the crime of treason.

ARTICLE 117. Espionage. — The penalty of prisión correccional shall be inflicted upon any
person who:

1. Without authority therefor, enter a warship, fort or naval or military establishment

or reservation to obtain any information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data or
information referred to in the preceding paragraph, discloses their contents to a
representative of a foreign nation. The penalty next higher in degree shall be imposed
if the offender be a public officer or employee.

SECTION TWO
Provoking War and Disloyalty in Case of War

ARTICLE 118. Inciting to War or Giving Motives for Reprisals. — The penalty of reclusion
temporal shall be imposed upon any public officer or employee, and that of prisión mayor
upon any private individual, who, by unlawful or unauthorized acts provokes or gives
occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino
citizens to reprisals on their persons or property.

ARTICLE 119. Violation of Neutrality. — The penalty of prisión correccional shall be

inflicted upon anyone who, on the occasion of a war in which the Government is not
involved, violates any regulation issued by competent authority for the purpose of
enforcing neutrality.
ARTICLE 120. Correspondence with Hostile Country. — Any person, who in time of war,
shall have correspondence with an enemy country or territory occupied by enemy troops
shall be punished:

1. By prisión correccional, if the correspondence has been prohibited by the

Government;

2. By prisión mayor, if such correspondence be carried on in ciphers or conventional

signs; and

3. By reclusión temporal, if notice or information be given thereby which might be

useful to the enemy. If the offender intended to aid the enemy by giving such notice
or information, he shall suffer the penalty of reclusion temporal to death.

ARTICLE 121. Flight to Enemy’s Country. — The penalty of arresto mayor shall be inflicted
upon any person who, owing allegiance to the Government, attempts to flee or go to an
enemy country when prohibited by competent authority.

SECTION THREE
Piracy and Mutiny on the High Seas

ARTICLE 122. Piracy in General and Mutiny on the High Seas. — The penalty of reclusión
perpetua shall be inflicted upon any person who, on the high seas, shall attack or seize a
vessel or, not being a member of its complement nor a passenger, shall seize the whole
or part of the cargo of said vessel, its equipment or personal belongings of its complement
or passengers. The same penalty shall be inflicted in case of mutiny on the high seas.

ARTICLE 123. Qualified Piracy. — The penalty of reclusión temporal to death shall be
imposed upon those who commit any of the crimes referred to in the preceding article,
under any of the following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving
themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

Back to ART. 2(1), 2(5)
ARTICLE 163. Making and Importing and Uttering False Coins. — Any person who makes,
imports, or utters false coins, in connivance with counterfeiters or importers, shall suffer:

1. Prisión mayor in its minimum and medium periods and a fine not to exceed 10,000
pesos, if the counterfeited coin be gold or silver coin of the United States or of the
Philippine Islands.

2. Prisión correccional in its minimum and medium periods and a fine of not to exceed
2,000 pesos, if the counterfeited coin be any of the minor coinage of the United States
or of the Philippine Islands.

3. Prisión correccional in its minimum period and a fine not to exceed 1,000 pesos, if
the counterfeited coin be currency of a foreign country.

ARTICLE 165. Selling of False or Mutilated Coin, Without Connivance. — Any person who
knowingly, although without the connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter the same, or shall actually utter such
coin, shall suffer a penalty lower by one degree than that prescribed in said articles.

SECTION THREE
Forging Treasury or Bank Notes, Obligations and Securities; Importing and Uttering
False or Forged Notes, Obligations and Securities

ARTICLE 166. Forging treasury or bank notes or other documents payable to bearer;
importing, and uttering such false or forged notes and documents. — The forging or
falsification of treasury or bank notes or certificates or other obligations and securities
payable to bearer and the importation and uttering in connivance with forgers or
importers of such false or forged obligations or notes, shall be punished as follows:

1. By reclusión temporal in its minimum period and a fine not to exceed 10,000 pesos,
if the document which has been falsified, counterfeited, or altered is an obligation or
security of the United States or of the Philippine Islands.

The word “obligation or security of the United States or of the Philippine Islands”
shall be held to mean all bonds, certificates of indebtedness, national bank notes,
coupons, United States or Philippine Islands notes, treasury notes, fractional notes,
certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized
officers of the United States or of the Philippine Islands, and other representatives of
value, of whatever denomination, which have been or may be issued under any act of
the Congress of the United States or of the Philippine Legislature.

2. By prisión mayor in its maximum period and a fine not to exceed 5,000 pesos, if the
falsified or altered document is a circulating note issued by any banking association
duly authorized by law to issue the same.

3. By prisión mayor in its medium period and a fine not to exceed 5,000 pesos, if the
falsified or counterfeited document was issued by a foreign government.

4. By prisión mayor in its minimum period and a fine not to exceed 2,000 pesos, when
the forged or altered document is a circulating note or bill issued by a foreign bank duly
authorized therefor.

ARTICLE 167. Counterfeiting, importing and uttering instruments payable to bearer. —

Any person who shall forge, import or utter, in connivance with the forgers or importers,
any instrument payable to order or other document of credit not payable to bearer, shall
suffer the penalties of prision correccional in its medium and maximum periods and a fine
not exceeding 6,000 pesos.

ARTICLE 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit. — Unless the act be one of those coming under the provisions of
any of the preceding articles, any person who shall knowingly use or have in his
possession, with intent to use any of the false or falsified instruments referred to in this
section, shall suffer the penalty next lower in degree than that prescribed in said articles.

ARTICLE 169. How forgery is committed. — The forgery referred to in this section may be
committed by any of the following means:

1. By giving to a treasury or bank note or any instrument payable to bearer or to order

mentioned therein, the appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,

words or signs contained therein. Back to ART. 2(2), 2(3)
TITLE VII: Crimes Committed by Public Officers

Chapter One - Preliminary Provisions

ARTICLE 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, or 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

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 prisión 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 prisión
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 prisión
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 prisión correccional in its
minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor (procurador judicial) who, by any malicious breach
of professional duty or 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 his 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 prisión correccional in its
minimum and medium periods and a fine of not less than the value of the gift and not
more than three times such value, 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 arresto mayor in its maximum period and a fine of not less than the value of
the gift and not more than twice such value.

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 arresto mayor in its medium and maximum periods and a fine of not less than
the value of the gift and not more than three times such value. 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.

ARTICLE 211. Indirect Bribery. — The penalties of arresto mayor, suspension in its
minimum and medium periods, and public censure shall be imposed upon any public
officer who shall accept gifts offered to him by reason of his office.

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

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 itsmedium and maximum periods, perpetual
special disqualification and a fine not exceeding 2,000 pesos 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 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.

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
prison 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 prison 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 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 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 prison 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 chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision correccional in its
medium and maximum periods and temporary special disqualification shall be imposed:

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.

Back to ART. 2(4)

 PRESIDENTIAL DECREE No. 532

ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW OF 1974

WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still
committing acts of depredations upon the persons and properties of innocent and
defenseless inhabitants who travel from one place to another, thereby distributing the
peace, order and tranquility of the nation and stunting the economic and social progress
of the people;

WHEREAS, such acts of depredations constitute either piracy or highway

robbery/brigandage which are among the highest forms of lawlessness condemned by
the penal statutes of all countries; and,

WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating

such acts of depredations by imposing heavy penalty on the offenders, with the end in
view of eliminating all obstacles to the economic, social, educational and community
progress of the people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution and pursuant to proclamation No. 1081,
dated September 21, 1972 and No. 1104, dated January 17, 1973 and General Order No.
1, dated September 22, 1972, do hereby order and decree as part of the law of the land
the following:

Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery
Law of 1974.

Section 2. Definition of Terms. The following terms shall mean and be understood, as
follows:

(a). Philippine Waters. It shall refer to all bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth, length or dimension, and all other
waters belonging to the Philippines by historic or legal title, including territorial sea,
the sea-bed, the insular shelves, and other submarine areas over which the Philippines
has sovereignty or jurisdiction.

(b). Vessel. Any vessel or watercraft used for transport of passengers and cargo from
one place to another through Philippine Waters. It shall include all kinds and types of
vessels or boats used in fishing.

(c). Philippine Highway. It shall refer to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within thePhilippinesused by persons, or
vehicles, or locomotives or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.

(d). Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or
part thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of violence against or
intimidation of persons or force upon things, committed by any person, including a
passenger or member of the complement of said vessel, in Philippine waters, shall be
 considered as piracy. The offenders shall be considered as pirates and punished as
hereinafter provided.

(e). Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or
other unlawful purposes, or the taking away of the property of another by means of
violence against or intimidation of person or force upon things of other unlawful
means, committed by any person on any Philippine Highway.

Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as

herein defined, shall, upon conviction by competents court be punished by:

(a). Piracy. The penalty of reclusion temporal in its medium and maximum periods shall
be imposed. If physical injuries or other crimes are committed as a result or on the
occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder
or homicide is committed as a result or on the occasion of piracy, or when the offenders
abandoned the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall
be imposed.

(b). Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum

period shall be imposed. If physical injuries or other crimes are committed during or
on the occasion of the commission of robbery or brigandage, the penalty of reclusion
temporal in its medium and maximum periods shall be imposed. If kidnapping for
ransom or extortion, or murder or homicide, or rape is committed as a result or on the
occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway

robbery/brigandage. Any person who knowingly and in any manner aids or protects
pirates or highway robbers/brigands, such as giving them information about the
movement of police or other peace officers of the government, or acquires or receives
property taken by such pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as an accomplice of the principal
offenders and be punished in accordance with the Rules prescribed by the Revised Penal
Code.

It shall be presumed that any person who does any of the acts provided in this Section
has performed knowingly, unless the contrary is proven.

Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the
Revised Penal Code; and all laws, decrees, or orders or instructions, or parts thereof,
insofar as they are inconsistent with this Decree are hereby repealed or modified
accordingly.

Section 6. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen
hundred and seventy-four. Back to ART. 2(1)
 REPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER
PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or
destination of an aircraft of Philippine registry, or to seize or usurp the control thereof,
while it is in flight. An aircraft is in flight from the moment all its external doors are closed
following embarkation until any of such doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land
in Philippine territory or to seize or usurp the control thereof while it is within the said
territory.

Section 2. Any person violating any provision of the foregoing section shall be punished
by an imprisonment of not less than twelve years but not more than twenty years, or by
a fine of not less than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-
five thousand pesos but not more than fifty thousand pesos shall be imposed upon any
person committing such violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to

destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries

or rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in
any passenger aircraft operating as a public utility within the Philippines, and explosive,
flammable, corrosive or poisonous substance or material.

Section 4. The shipping, loading or carrying of any substance or material mentioned in the
preceding section in any cargo aircraft operating as a public utility within the Philippines
shall be in accordance with regulations issued by the Civil Aeronautics Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single
compound, which by chemical reaction liberates heat and gas at high speed and causes
tremendous pressure resulting in explosion. The term shall include but not limited to
dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges
and other explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting
by chemical reaction and shall include but not limited to acrolein, allene, aluminum
dyethyl monochloride, and other aluminum compounds, ammonium chlorate and
other ammonium mixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which
through chemical reaction wears away, impairs or consumes any object. It shall include
 but not limited to alkaline battery fluid packed with empty storage battery, allyl
chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and other similar
materials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid
or gaseous, which through chemical reactions kills, injuries or impairs a living organism
or person, and shall include but not limited to allyl isothiocyanate, ammunition
(chemical, non-explosive but containing Class A, B or poison), aniline oil, arsine,
bromobenzyle cyanide, bromoacetone and other similar substances or materials.

Section 6. Any violation of Section three hereof shall be punishable by an imprisonment

of at least five years but not more than ten years or by a fine of not less than ten thousand
pesos but not more than twenty thousand pesos: Provided, That if the violation is
committed by a juridical person, the penalty shall be imposed upon the manager,
representative, director, agent or employee who violated, or caused, directed,
cooperated or participated in the violation thereof: Provided, further, That in case the
violation is committed in the interest of a foreign corporation legally doing business in the
Philippines, the penalty shall be imposed upon its resident agent, manager,
representative or director responsible for such violation and in addition thereto, the
license of said corporation to do business in the Philippines shall be revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of
the penalty provided in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a
violation of Sections three and four hereof, the person responsible therefor may be held
liable in accordance with the applicable provisions of the Revised Penal Code.

Section 8. Aircraft companies which operate as public utilities or operators of aircraft

which are for hire are authorized to open and investigate suspicious packages and cargoes
in the presence of the owner or shipper, or his authorized representatives if present; in
order to help the authorities in the enforcement of the provisions of this Act: Provided,
That if the owner, shipper or his representative refuses to have the same opened and
inspected, the airline or air carrier is authorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall
contain among others the following condition printed thereon: "Holder hereof and his
hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials or
substances. Holder refusing to be searched shall not be allowed to board the aircraft,"
which shall constitute a part of the contract between the passenger and the air carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within
one month after the approval of this Act such regulations as are provided in Section four
hereof and cause the publication of such rules and regulations in the Official Gazette and
in a newspaper of national circulation for at least once a week for three consecutive
weeks. Such regulations shall take effect fifteen days after publication in the Official
Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding
section. Back to ART. 2(1)
 REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with
the principle that a public office is a public trust, to repress certain acts of public officers
and private persons alike which constitute graft or corrupt practices or which may lead
thereto.

Section 2. Definition of terms. As used in this Act, that term

(a) "Government" includes the national government, the local governments, the
government-owned and government-controlled corporations, and all other
instrumentalities or agencies of the Republic of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt service
receiving compensation, even nominal, from the government as defined in the
preceding subparagraph.

(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a
person other than a member of the public officer's immediate family, in behalf of
himself or of any member of his family or relative within the fourth civil degree, either
by consanguinity or affinity, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the circumstances manifestly
excessive.

(d) "Person" includes natural and juridical persons, unless the context indicates
otherwise.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public

officers already penalized by existing law, the following shall constitute corrupt practices
of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act

constituting a violation of rules and regulations duly promulgated by competent
authority or an offense in connection with the official duties of the latter, or allowing
himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or
transaction between the Government and any other part, wherein the public officer in
his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public
officer, in any manner or capacity, has secured or obtained, or will secure or obtain,
any Government permit or license, in consideration for the help given or to be given,
without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof
or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of
his official administrative or judicial functions through manifest partiality, evident bad
faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification,
to act within a reasonable time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or discriminating against any other
interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer profited or
will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business,

contract or transaction in connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the Constitution or by any law from
having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the board, committee, panel
or group.

Interest for personal gain shall be presumed against those public officers responsible
for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by
the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of
any person not qualified for or not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one who is not so qualified or
entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or

by him on account of his official position to unauthorized persons, or releasing such
information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this section shall, together
with the offending public officer, be punished under Section nine of this Act and shall
be permanently or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government.
Section 4. Prohibition on private individuals.

(a) It shall be unlawful for any person having family or close personal relation with any
public official to capitalize or exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving any present, gift or material or
pecuniary advantage from any other person having some business, transaction,
application, request or contract with the government, in which such public official has
to intervene. Family relation shall include the spouse or relatives by consanguinity or
affinity in the third civil degree. The word "close personal relation" shall include close
personal friendship, social and fraternal connections, and professional employment all
giving rise to intimacy which assures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public official
to commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within the third civil degree, of the President of the
Philippines, the Vice-President of the Philippines, the President of the Senate, or the
Speaker of the House of Representatives, to intervene, directly or indirectly, in any
business, transaction, contract or application with the Government: Provided, That this
section shall not apply to any person who, prior to the assumption of office of any of the
above officials to whom he is related, has been already dealing with the Government
along the same line of business, nor to any transaction, contract or application already
existing or pending at the time of such assumption of public office, nor to any application
filed by him the approval of which is not discretionary on the part of the official or officials
concerned but depends upon compliance with requisites provided by law, or rules or
regulations issued pursuant to law, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.

Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any

Member of the Congress during the term for which he has been elected, to acquire or
receive any personal pecuniary interest in any specific business enterprise which will be
directly and particularly favored or benefited by any law or resolution authored by him
previously approved or adopted by the Congress during the same term.

The provision of this section shall apply to any other public officer who recommended the
initiation in Congress of the enactment or adoption of any law or resolution, and acquires
or receives any such interest during his incumbency.

It shall likewise be unlawful for such member of Congress or other public officer, who,
having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such
interest.

Section 7. Statement of assets and liabilities. Every public officer, within thirty days after
the approval of this Act or after assuming office, and within the month of January of every
other year thereafter, as well as upon the expiration of his term of office, or upon his
resignation or separation from office, shall prepare and file with the office of the
corresponding Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members of the
Congress and the officials and employees thereof, with the Office of the Secretary of the
corresponding House, a true detailed and sworn statement of assets and liabilities,
including a statement of the amounts and sources of his income, the amounts of his
personal and family expenses and the amount of income taxes paid for the next preceding
calendar year: Provided, That public officers assuming office less than two months before
the end of the calendar year, may file their statements in the following months of January.

Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of

Republic Act Numbered One thousand three hundred seventy-nine, a public official has
been found to have acquired during his incumbency, whether in his name or in the name
of other persons, an amount of property and/or money manifestly out of proportion to
his salary and to his other lawful income, that fact shall be a ground for dismissal or
removal. Properties in the name of the spouse and unmarried children of such public
official may be taken into consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any provision of law to the contrary.

Section 9. Penalties for violations.

(a) Any public officer or private person committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with
imprisonment for not less than one year nor more than ten years, perpetual
disqualification from public office, and confiscation or forfeiture in favor of the
Government of any prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.

Any complaining party at whose complaint the criminal prosecution was initiated shall,
in case of conviction of the accused, be entitled to recover in the criminal action with
priority over the forfeiture in favor of the Government, the amount of money or the
thing he may have given to the accused, or the value of such thing.

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be
punished by a fine of not less than one hundred pesos nor more than one thousand
pesos, or by imprisonment not exceeding one year, or by both such fine and
imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be

sufficient cause for removal or dismissal of a public officer, even if no criminal
prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this
Act shall be within the original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe
in ten years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire
pending an investigation, criminal or administrative, or pending a prosecution against
him, for any offense under this Act or under the provisions of the Revised Penal Code on
bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any criminal
prosecution under a valid information under this Act or under the provisions of the
Revised Penal Code on bribery is pending in court, shall be suspended from office. Should
he be convicted by final judgment, he shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries
and benefits which he failed to receive during suspension, unless in the meantime
administrative proceedings have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered
or given as a mere ordinary token of gratitude or friendship according to local customs or
usage, shall be excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public officer who
under the law may legitimately practice his profession, trade or occupation, during his
incumbency, except where the practice of such profession, trade or occupation involves
conspiracy with any other person or public official to commit any of the violations
penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such
provision to any person or circumstances is declared invalid, the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected
by such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of
determining unexplained wealth, all property acquired by a public officer since he
assumed office shall be taken into consideration. Back to ART. 2(4)
 REPUBLIC ACT No. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC

OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC
OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards
for Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard
of ethics in public service. Public officials and employees shall at all times be accountable
to the people and shall discharge their duties with utmost responsibility, integrity,
competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold
public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all
other instrumentalities, agencies or branches of the Republic of the Philippines
including government-owned or controlled corporations, and their subsidiaries.

(b) "Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service, including
military and police personnel, whether or not they receive compensation, regardless
of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality,
in favor of another who accepts it, and shall include a simulated sale or an ostensibly
onerous disposition thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange for, a favor from a public
official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the
gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in
exchange for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares
of stock sufficient to elect a director of a corporation. This term shall also apply to the
parties to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried
children under eighteen (18) years of age.
 (h) "Person" includes natural and juridical persons unless the context indicates
otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a

board, an officer, or a substantial stockholder of a private corporation or owner or has
a substantial interest in a business, and the interest of such corporation or business, or
his rights or duties therein, may be opposed to or affected by the faithful performance
of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily,

completely and actually depriving or dispossessing oneself of his right or title to it in
favor of a person or persons other than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee
within the fourth civil degree of consanguinity or affinity, including bilas, inso and
balae.

Section 4. Norms of Conduct of Public Officials and Employees.

(A) Every public official and employee shall observe the following as standards of
personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence and
skill. They shall enter public service with utmost devotion and dedication to duty.
They shall endeavor to discourage wrong perceptions of their roles as dispensers or
peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the underprivileged. They shall
at all times respect the rights of others, and shall refrain from doing acts contrary to
law, good morals, good customs, public policy, public order, public safety and public
interest. They shall not dispense or extend undue favors on account of their office
to their relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential or as
members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or
preference.

(e) Responsiveness to the public. - Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise provided
by law or when required by the public interest, public officials and employees shall
provide information of their policies and procedures in clear and understandable
language, ensure openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify and systematize policy,
 rules and procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country, especially
in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be
loyal to the Republic and to the Filipino people, promote the use of locally produced
goods, resources and technology and encourage appreciation and pride of country
and people. They shall endeavor to maintain and defend Philippine sovereignty
against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit

themselves to the democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of civilian authority over the
military. They shall at all times uphold the Constitution and put loyalty to country
above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest
lives appropriate to their positions and income. They shall not indulge in extravagant
or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1)
observance of these standards including the dissemination of information programs
and workshops authorizing merit increases beyond regular progression steps, to a
limited number of employees recognized by their office colleagues to be outstanding
in their observance of ethical standards; and (2) continuing research and
experimentation on measures which provide positive motivation to public officials and
employees in raising the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties,
all public officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall,
within fifteen (15) working days from receipt thereof, respond to letters, telegrams or
other means of communications sent by the public. The reply must contain the action
taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of
offices and agencies of the government and of government-owned or controlled
corporations shall, within forty-five (45) working days from the end of the year, render
a performance report of the agency or office or corporation concerned. Such report
shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents
must be processed and completed within a reasonable time from the preparation
thereof and must contain, as far as practicable, not more than three (3) signatories
therein. In the absence of duly authorized signatories, the official next-in-rank or
officer in charge shall sign for and in their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avail himself of the services of their
offices and must, at all times, act promptly and expeditiously.
 (e) Make documents accessible to the public. - All public documents must be made
accessible to, and readily available for inspection by, the public within reasonable
working hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards
is hereby established in order to motivate and inspire public servants to uphold the
highest standards of ethics. For this purpose, a Committee on Awards to Outstanding
Public Officials and Employees is hereby created composed of the following: the
Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the
Chairman of the Commission on Audit, and two government employees to be appointed
by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
Government and establish a system of annual incentives and rewards to the end that due
recognition is given to public officials and employees of outstanding merit on the basis of
the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the
years of service and the quality and consistency of performance, the obscurity of the
position, the level of salary, the unique and exemplary quality of a certain achievement,
and the risks or temptations inherent in the work. Incentives and rewards to government
officials and employees of the year to be announced in public ceremonies honoring them
may take the form of bonuses, citations, directorships in government-owned or
controlled corporations, local and foreign scholarship grants, paid vacations and the like.
They shall likewise be automatically promoted to the next higher position with the
commensurate salary suitable to their qualifications. In case there is no next higher
position or it is not vacant, said position shall be included in the budget of the office in
the next General Appropriations Act. The Committee on Awards shall adopt its own rules
to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public
officials and employees now prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the
approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant,

counsel, broker, agent, trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict
with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.
 These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with, in
which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and

employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit
or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction which may be
affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal
value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippine (such as allowances,
transportation, food, and lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines, and permitted by the
head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out
the purpose of this subsection, including pertinent reporting and disclosure
requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational,

scientific or cultural exchange programs subject to national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation
to accomplish and submit declarations under oath of, and the public has the right to know,
their assets, liabilities, net worth and financial and business interests including those of
their spouses and of unmarried children under eighteen (18) years of age living in their
households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of Assets, Liabilities and Net
Worth and a Disclosure of Business Interests and Financial Connections and those of
their spouses and unmarried children under eighteen (18) years of age living in their
households.
The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current
fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds,
and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their
assumption of office, the necessary authority in favor of the Ombudsman to obtain
from all appropriate government agencies, including the Bureau of Internal
Revenue, such documents as may show their assets, liabilities, net worth, and also
their business interests and financial connections in previous years, including, if
possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required
statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the
Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House
of Representatives, respectively; Justices, with the Clerk of Court of the Supreme
Court; Judges, with the Court Administrator; and all national executive officials
with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in
their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with
the Office of the President, and those below said ranks, with the Deputy
Ombudsman in their respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
 (B) Identification and disclosure of relatives. - It shall be the duty of every public official
or employee to identify and disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and frequency prescribed by the Civil
Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be
made available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a

reasonable fee to cover the cost of reproduction and mailing of such statement, as
well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period of
ten (10) years after receipt of the statement. After such period, the statement may
be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement
filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for
dissemination to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private
business enterprise within thirty (30) days from his assumption of office and/or divest
himself of his shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a
partnership.

The requirement of divestment shall not apply to those who serve the Government in an
honorary capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure.

(a) The designated Committees of both Houses of the Congress shall establish
procedures for the review of statements to determine whether said statements which
have been submitted on time, are complete, and are in proper form. In the event a
determination is made that a statement is not so filed, the appropriate Committee shall
so inform the reporting individual and direct him to take the necessary corrective
action.

(b) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their respective
jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered
by this Act, subject in each instance to the approval by affirmative vote of the majority
of the particular House concerned.
 The individual to whom an opinion is rendered, and any other individual involved in a
similar factual situation, and who, after issuance of the opinion acts in good faith in
accordance with it shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b)
hereof insofar as their respective offices are concerned, subject to the approval of the
Secretary of Justice, in the case of the Executive Department and the Chief Justice of
the Supreme Court, in the case of the Judicial Department.

Section 11. Penalties.

(a) Any public official or employee, regardless of whether or not he holds office or
employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine not exceeding the
equivalent of six (6) months' salary or suspension not exceeding one (1) year, or
removal depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter statute. Violations of Sections 7,
8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years,
or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of
the court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be

sufficient cause for removal or dismissal of a public official or employee, even if no
criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or

accessories, with public officials or employees, in violation of this Act, shall be subject
to the same penal liabilities as the public officials or employees and shall be tried jointly
with them.

(d) The official or employee concerned may bring an action against any person who
obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The
Court in which such action is brought may assess against such person a penalty in any
amount not to exceed twenty-five thousand pesos (P25,000). If another sanction
hereunder or under any other law is heavier, the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of

this Act. - The Civil Service Commission shall have the primary responsibility for the
administration and enforcement of this Act. It shall transmit all cases for prosecution
arising from violations of this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such administrative actions and disciplinary
measures as may be warranted in accordance with law. Nothing in this provision shall be
construed as a deprivation of the right of each House of Congress to discipline its
Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations
necessary to carry out the provisions of this Act, including guidelines for individuals who
render free voluntary service to the Government. The Ombudsman shall likewise take
steps to protect citizens who denounce acts or omissions of public officials and employees
which are in violation of this Act.
Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be
construed to derogate from any law, or any regulation prescribed by any body or agency,
which provides for more stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of this
Act shall be taken from the appropriations of the Civil Service Commission. Thereafter,
such sum as may be needed for its continued implementation shall be included in the
annual General Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected
by such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent
herewith, are deemed repealed or modified accordingly, unless the same provide for a
heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation. Back to ART. 2(4)