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 That said document or record should have been entrusted to such public official
by reasons of his Office;
 That the damage whether serious or not to a third party or the public interest should
have been caused.

Article 227 of the Revised Penal Code. Officer breaking seal.

Article 228 is embodied in the Revised Penal Code to penalize any public officer or employee
found guilty of opening a closed document. He shall suffer the penalty of arrest to mayor, plus a
fine of P1,000.00 and disqualification from holding a public office. The damage caused in this
article is not a requirement.

Article 229 also in the Revised Penal Code, penalizes any officer who shall reveal any secret
known to him by reason of his official capacity, or who wrongfully deliver papers/documents of
copies thereof with a penalty of prison correctional and a fine of not exceeding P2,000.00 including
perpetual disqualification from holding a public office.

The following elements are to be considered to warrant the conviction of any public officer under
this provision.
 That the offender is a public official or employee;
 That he knows the secret by reason of his official capacity;
 That he reveals such secrets without authority or justifiable reasons;
 That damage great or small shall be caused to public interest;
 That the records or document are under his custody.

LEGAL RESPNSIBILITIES OF A RECORDS OFFICER

Government employees in charge of records may not be aware of the responsibilities which he
assumes once he handles office records. The following excerpts taken from the Revised Penal
Code should serve to emphasize these responsibilities:

Chapter V

Section 2. Infidelity in the custody of documents

Article 226. Removal, concealment or destruction of documents. Any public officer who shall
remove, destroy or conceal documents or papers officially entrusted to him shall suffer:
1) The penalty of “prison mayor” and a fine not exceeding P1,000.00 whenever serious
damage shall had been caused thereby to a third party or to the public interest.
2) The penalty of “prison correccional” in its minimum and medium periods and a fine mot
exceeding P1,000.00 whenever the damage caused to a third party of the public interest
shall not had been serious.

In either case, the additional penalty or temporary special disqualification in its maximum period
to perpetual special disqualification shall be imposed.”

Misdelivery of a public document may be infidelity in custody thereof as when one releases a
public document to the wrong party because its constitutes betrayal of public faith and trust in
one’s custody of public documents.