,{,

FIFTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES
First Regular Session

SENATE

Senate Bill No. 1301

INTRODUCED BY SEN. MANNY VILLAR

EXPLANATORY NOTE

The attached bill amends Articles 217,309 and 315 of the Revised Penal
Code pertaining to the value of money on which the penalties for the crimes
referred to therein are based. These crimes are malversation of public funds or
property, theft and estafa.

This bill takes into consideration the present economic value of money
and seeks the commensurate penalty to be imposed on the offender based on
the present value of money malversed, stolen or swindled as the case may be.
Moreover, this bill will inure to the benefit of the accused where Section 4 thereof
provides for the retroactivity with regard to the principal and accessory penalties
in all cases of malversation and estafa.
,
Accordingly, the urgent passage of the bill is hereby recommended.

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FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session
Hi cIUL 12 f'4 :14

SENATE
Senate Bill No. 1301·· RECE!VEr) S\ -.~--.

INTRODUCED BY SEN. MANNY VILLAR

AN ACT
INCREASING THE VALUE OF MONEY UPON WHICH THE PENALTIES OF
SOME CRIMES AGAINST PROPERTY ARE MEASURED, AMENDING FOR
THE PURPOSE ARTICLES 217, 309 AND 315 OF ACT NO. 3815,
OTHERWISE KNOWN AS THE REVISED PENAL CODE AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Article 2170f the Revised Penal Code is hereby amended to

read as follows:

"ART. 217. Malversation of public funds or property. - 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, or 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 of malversation of such or such
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] FIVE THOUSAND Pesos (5,000.00).

2. The penalty of prision mayor in its minimum and

medium periods, if the amount involved is more than [two
hundred] FIVE THOUSAND Pesos (P5,000.00) but does not
exceed [six] ONE HUNDRED FIFTY Thousand Pesos
(P150,000.OO).

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] ONE HUNDRED FIFTY

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 Thousand Pesos (P150,000.00) [but is less than twelve]
DOES NOT EXCEED THREE HUNDRED Thousand Pesos
(P300,000.00).

4. The penalty of reclusion temporal in its medium and

maximum periods, if the amount involved is more than
[twelve] THREE HUNDRED Thousand Pesos (P300,000.00)
but [is less than twenty-two] DOES NOT EXCEED FIVE
HUNDRED FIFTY Thousand Pesos (P550,000.00). 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 of 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."

SECTION 2. Article 309 of the same Code is hereby amended to read as

fallows: '

"ART. 309. Penalties. - Any person guilty of theft shall be

punished by:
1. The penalty of prision mayor in its minimum and medium
periods, if the value of the thing stolen is more than [12,000]
Three Hundred Thousand Pesos (P300,000.00) but does not
exceed [22,000] Five Hundred Fifty Thousand Pesos
(P550,000.00); but if the value of the thing stolen exceeds
the latter amount, the penaltY.shall be the maximwm period
of the one prescribed in this paragraph, and one (1) year for
each additional [ten] TWO HUNDRED FIFTY Thousand
Pesos (P250,000.00), but the total of the penalty shall not
exceed twenty (20) years. In such cases, and in connection
with the accessory penalties, which may be imposed, and for
the purpose of the other provisions of this Code, the penalty
shall be termed prision mayor or reclusion temporal, as the
case may be.

2. The penalty of prision correccional in its medium and

maximum periods, if the value of the thing stolen is more
than [6,000] One Hundred Fifty Thousand Pesos
(P150,000.00) but does not exceed [12,000] Three Hundred
Thousand Pesos (P300,000.00).

3. The penalty of prision correccional in its minimum and

medium periods, if the value of the property stolen is more
than [200] Five Thousand Pesos (P5,000.00) but does not
exceed [6,000] One Hundred Fifty Thousand Pesos
(P150,000.00).

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 4. Arresto mayor in its medium period to prision correccional
in its minimum period, if the value of the property stolen is
over [SO] One Thousand Two Hundred Fifty Pesos
(P1,2S0.00) but does not exceed [200] Five Thousand Pesos
(PS,OOO.OO).

S. Arresto mayor to its full extent, if such value is over [S]

One Hundred Twenty Five Pesos (P12S.00) but does not
exceed [200] Five Thousand Pesos (PS,OOO.OO).

6. Arresto mayor in its minimum and maximum periods, if

such value does not exceed [S] One Hundred Twenty Five
Pesos (P12S.00).

7. Arresto menor or a fine not exceeding Two Hundred

Pesos (P200.00), the theft is committed under the
circumstances enumerated in paragraph 3 of the next
preceding article and the value of the thing stolen does not
exceed [S] One Hundred Twenty Five Pesos (P12S.00). If
such value exceed said amount, the provisions of any of the
five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not

exceeding Fifty Pesos (PSO.OO), when the value of the things
stolen is not over Five Pesos (PS.OO) [12S]. and the offender
shall have acted under the impulse of hunger, poverty or the
difficulty or earning a livelihood for the support of himself or
his family.

SECTION 3. Article 31S of the Same Code is hereby amended to read as

follows:

Art. 31S. Swindling (estafa). - Any person who shall

defraud another by any of the means mentioned herein below shall
be punished by:

1st. The penalty of prision correccional in its maximum

period to prision mayor in its minimum period, if the amount of the
fraud is over [12,000] Three Hundred Thousand Pesos
(P300,OOO.00) but does not exceed [22,000] Five Hundred Fifty
Thousand Pesos (PSSO,OOO.OO), and if such amount exceeds the
latter sum, the penalty provided in this paragraph shall be imposed
. in its maximum period, adding one (1) year for each additional
[10,000] Two Hundred Fifty Thousand Pesos (P2S0,OOO.00); but
the total penalty which may be imposed shall not exceed twenty
(20) years. In such cases, and in connection with the accessory
penalties which may be imposed under the provisions of this Code,
the penalty shall be termed prision mayor or reclusion temporal, as
the case may be.

2nd. The penalty of prision correccional in its minimum and

medium periods, if the amount of the fraud is over [6,000] One
Hundred Fifty Thousand Pesos (P1S0,OOO.00) but does not exceed
[12,000] Three Hundred Thousand Pesos (P300,OOO.00);

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 3rd. The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period if such amount is over
[200] Five Thousand Pesos (P5,000.00) but does not exceed
[6,000] One Hundred Fifty Thousand Pesos (P150,000.00); and

4th. By arresto mayor in its maximum period, if such amount

does not exceed Twenty Pesos (P20.00) [500], provided that in the
four cases mentioned, the fraud be committed by any of the
following means:
1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything

of value which the offender shall deliver by virtue of an
obligation to do so, even though such obligation be based on
an immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice of

another, money, goods, or any other personal property
received by the offender in trust or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though
such obligation be totally or partially guaranteed by a bond;
or by denying having received such money, goods, or other
property.

(c) By taking undue advantage of the signature of the

offended party in blank, and by writing any document above
such signature in blank, to the prejudice of the offended
party or of any third person.

2. By means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously with the
commission of the fraud:

(a) By using fictitious name, or falsely pretending to

possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of
other similar deceits.

(b) By altering the quality, fineness or weight of anything

pertaining to his art or business.

(c) By pretending to have bribed any Government

employee, without prejudice to the action for calumny which
the offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the
maximum period of the penalty.

(d) By post-dating a check, or issuing a check in payment

of an obligation when the offender therein were not sufficient
to cover the amount of the check. The failure of the drawer
of the check to deposit the amount necessary to cover his
check within three (3) days from receipt of notice from the
bank and/or the payee or holder that said check has been
dishonored for lack of insufficiency of funds shall be prima
facie evidence of deceit constituting false pretense or
fraudulent act.

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 (e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house and the like without
paying therefor, with intent to defraud the proprietor or
manager thereof, or by obtaining credit at hotel, inn,
restaurant, boarding house, lodging house, or apartment
house by the use of any false 'pretense, or by abandoning or
surreptitiously removing any part of his baggage from a
hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food,
refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any

document.

(b) By resorting to some fraudulent practice to insure

success in a gambling game.

(c) By removing, concealing or destroying, in whole or in

part, any court record, office files, document or any other
papers.

SECTION 4. This Act shall apply retroactively to the principal and

accessory penalties in all cases of malversation provided in Article 217, Articles

309 and 310, and estafa provided in Article 315 of the Revised Penal Code, as

amended, committed before the effectivity of this Act whether already filed in

court, still pending or already decided with finality.

In case the penalty of imprisonment as adjusted under this Act is reduced

to six (6) years or less, the accused whose case is pending appeal or the convict

who is serving sentence shall have the right to apply for the benefits of the

Probation Law of 1976, as amended: Provided, That if the penalty as reduced

herein has already been fully served together with the adjustments for good

behavior under Article 97 of the Revised Penal Code, the convict shall be

released immediately or, if he is out on parole or under the Indeterminate

Sentence Law, as amended, he shall be entitled to final release and discharge:

Provided, Further, That all other convicts benefited by this Act shall be released

as soon as they shall have served their reduced penalties.

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 As regards cases where the accused are already serving final sentence,

the application for probation hereunder, if proper, shall be filed within six (6)

months from the effectivity of this Act with the trial court which originally took

cognizance of the case of the applicant. With respect to cases pending appeal,

the penalty imposed under the decision appealed from shall be automatically

adjusted hereunder without need of any motion or notice from the accused.

Thereupon, the accused may opt to desist from the appeal. Within six (6) months

from the effectivity of this Act, said accused may apply for probation either with

the appellate tribunal where the appeal may still be pending or with the court of

origin where, in either case, the application for probation shall be disposed of. If

the accused does not opt to desist from his appeal within six (6) months from the

effectivity of this Act, he shall not be entitled to apply for probation regardless of

the penalty imposed by final judgment.

SECTION 5. All laws, decrees or executive orders and issuances and

rules and regulations which are inconsistent with the provisions of this Act are

hereby deemed repealed, amended or modifies accordingly.

SECTION 6. This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in at least two (2) national newspapers of general

circulation.

Approved,