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Article 238Abandonment of office or position

Act No. 3815 · Revised Penal CodeKey provision

ELI5— what this means for you

Abandonment of office or position. -Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

Official text — Act No. 3815

Abandonment of office or position.

-Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within

Title

One, and Chapter One of

Title

Three of Book Two of this Code, the offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.

SECTION THREE.-Usurpation of powers and unlawful appointments

Source: lawphil.net (Act No. 3815 as amended)

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