- Statute
- Philippine Revised Penal Code
- Article
- Art. 217
- Topic
- Malversation of public funds or property; Presumption of malversation
- Status
- In force, as amended
- Year
- 1930
- Cited by
- Multiple Supreme Court decisions
The provision
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 Forty thousand pesos (₱40,000).
2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than Forty thousand pesos (₱40,000) but does not exceed One million two hundred thousand pesos (₱1,200,000).
3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than One million two hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred thousand pesos (₱2,400,000).
4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four million four hundred thousand pesos (₱4,400,000).
5. The penalty of reclusion temporal in its maximum period, if the amount involved is more than Four million four hundred thousand pesos (₱4,400,000) but does not exceed Eight million eight hundred thousand pesos (₱8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses.
Intellegal Wiki · In plain terms
Penalizes an accountable public officer who misappropriates public funds or property, or who through negligence or abandonment lets another take them. The prison penalty escalates with the amount involved—across brackets from ₱40,000 up past ₱8,800,000—plus perpetual special disqualification and a fine equal to the amount taken. An unexplained shortage on demand is prima facie evidence of malversation.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- People v. Soliva G.R. No. 268309
- Cabrera v. People G.R. No. 275887
- People v. Mingoa G.R. No. L-5371
- People v. Livara G.R. No. L-6201
- Cimafranca v. Sandiganbayan G.R. No. 94408
- Elbanbuena v. Sandiganbayan G.R. No. 237721
- Biñas v. People G.R. No. 226207
- Corpuz v. People G.R. No. 241383
Other Supreme Court decisions also apply this article.