Article 229. Revelation Of Secrets By An Officer
On Criminal Law
Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not. be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding Four hundred thousand pesos (P400,000) if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest: otherwise, the penalties of prision correccional in its minimum period, temporary special, disqualification and a fine not exceeding One hundred thousand pesos (P100.000) shall be imposed.
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY):
1. That the offender is a public officer;
2. That he knows of a secret by reason of his official capacity;
3. That he reveals such a secret without authority or justifiable reasons; and
4. That damage, great or small, be caused to the public interest.
Secret must affect public interest.
Secrets must affect public interest. Secrets of private persons are not included.
Espionage for the benefit of another State is not contemplated by the article. If the crime involves military secrets or secrets affecting state security, the crime may be espionage.
ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to the public interest.
CHARGE means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article.
If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets.
On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents.
Damage is essential to the act committed.
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY):
1. That the offender is a public officer;
2. That he knows of a secret by reason of his official capacity;
3. That he reveals such a secret without authority or justifiable reasons; and
4. That damage, great or small, be caused to the public interest.
Secret must affect public interest.
Secrets must affect public interest. Secrets of private persons are not included.
Espionage for the benefit of another State is not contemplated by the article. If the crime involves military secrets or secrets affecting state security, the crime may be espionage.
ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to the public interest.
CHARGE means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article.
If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets.
On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents.
Damage is essential to the act committed.
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