Removal, concealment or destruction of documents, Revised Penal Code

1. Concept

Article 226. 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. (Act No. 3815, Revised Penal Code)

a. Public officer

“Public officer” –refers to 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, of 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, for purposes of Titles 1 to 6, Book 2 of the Revised Penal Code. (Article 203, Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender is a public officer; and

2) He removes, destroys or conceals documents or papers officially entrusted to him.

References

⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code

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