Page 140 - ADMINISTRATIVE MANUAL

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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.