Article 227. Officer Breaking Seal
On Criminal Law
Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding Four hundred thousand pesos (P400,000).
ELEMENTS:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by a proper authority; and
4. That he breaks the seals or permits them to be broken.
It is the breaking of the seals and not the opening of a closed envelope that is punished.
Damage or intent to cause damage is not necessary; damage is presumed.
In "breaking of seal", the word "breaking" should not be given a literal meaning. Even if, actually, the seal was not broken, because the custodian managed to open the parcel without breaking the seal.
The element of damage is not required.
ELEMENTS:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by a proper authority; and
4. That he breaks the seals or permits them to be broken.
It is the breaking of the seals and not the opening of a closed envelope that is punished.
Damage or intent to cause damage is not necessary; damage is presumed.
In "breaking of seal", the word "breaking" should not be given a literal meaning. Even if, actually, the seal was not broken, because the custodian managed to open the parcel without breaking the seal.
The element of damage is not required.
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