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RCC penalizes the following acts:

Provision Content Penalty

SECTION 159. The unauthorized use of a corporate name Fine for unauthorized use of a corporate
Unauthorized Use of Corporate Name; shall be punished with a fine ranging from name. The fine amounts to ₱10,000.00 to
Penalties. Ten thousand pesos (₱10,000.00) to Two ₱200,000.00.
hundred thousand pesos (₱200,000.00).

SECTION 160. When, despite the knowledge of the existence • Penalty for willfully holding office
Violation of Disqualification Provision; of a ground for disqualification as provided in despite disqualification or willfully
Penalties. Section 26 of this Code, a director, trustee or concealing such disqualification. The
officer willfully holds office, or willfully fine ranges from ₱10,000.00 to
conceals such disqualification, such director, ₱200,000.00 and at the discretion of the
trustee or officer shall be punished with a fine court, and shall be permanently
ranging from Ten thousand pesos (₱10,000.00) disqualified from being a director, trustee
to Two hundred thousand pesos or officer of any corporation.
(₱200,000.00) at the discretion of the court, • If the violation is injurious or
and shall be permanently disqualified from detrimental to the public. The fine
being a director, trustee or officer of any ranges from ₱20,000.00 to ₱400,000.00.
corporation. When the violation of this
provision is injurious or detrimental to the
public, the penalty shall be a fine ranging from
Twenty thousand pesos (₱20,000.00) to
Four hundred thousand pesos
(₱400,000.00).

SECTION 161. The unjustified failure or refusal by the Penalty for unjustified failure or refusal to
Violation of Duty to Maintain Records, corporation, or by those responsible for keep, maintain, and allow inspection or
to Allow their Inspection or keeping and maintaining corporate records, to reproduction of records. The fine ranges
Reproduction; Penalties. comply with Sections 45, 73, 92, 128, 177 and from ₱10,000.00 to ₱400,000.00, without
other pertinent rules and provisions of this prejudice to the contempt powers of the SEC.
Code on inspection and reproduction of
records shall be punished with a fine ranging
from Ten thousand pesos (₱10,000.00) to Two
hundred thousand pesos (₱200,000.00), at the
discretion of the court, taking into
consideration the seriousness of
the violation and its implications. When the
violation of this provision is injurious or
detrimental to the public, the penalty is a fine
ranging from Twenty thousand pesos
(₱20,000.00) to Four hundred thousand
pesos (₱400,000.00).
The penalties imposed under this section shall
be without prejudice to the SEC’s exercise of
its contempt powers under
Section 157 hereof.

SECTION 162. Any person who willfully certifies a report • Fine for willfully certifying erroneous
Willful Certification of Incomplete, required under this Code, knowing that the reports. The fine ranges from ₱20,000.00
Inaccurate, False or Misleading same contains incomplete, inaccurate, to ₱200,000.00.
Statements or Reports; Penalties. false, or misleading information or • When the wrongful certification is
statements, shall be punished with a fine injurious or detrimental to the public.
ranging from Twenty thousand pesos The fine ranges from ₱40,000.00 to
(₱20,000.00) to Two hundred thousand ₱400,000.00.
pesos (₱200,000.00). When the wrongful
certification is injurious or detrimental to the
public, the auditor or the responsible person
may also be punished with a fine ranging from
Forty thousand pesos (₱40,000.00) to Four
hundred thousand pesos (₱400,000.00).

SECTION 163. An independent auditor who, in collusion Fine for colluding independent auditors.
Independent Auditor Collusion; with the corporation’s directors or The fine ranges from ₱80,000.00 to
Penalties. representatives, certifies the corporation’s ₱600,000.00.
financial statements despite its
incompleteness or inaccuracy, its failure to
give a fair and accurate presentation of the
corporation’s condition, or despite containing
false or misleading statements, shall be
punished with a fine ranging from Eighty
thousand pesos (₱80,000.00) to Five
hundred thousand pesos (₱500,000.00).
When the statement or report certified is
fraudulent, or has the effect of causing injury
to the general public, the auditor or
responsible officer may be punished with a
fine ranging from One hundred
thousand pesos (₱100,000.00) to
Six hundred thousand pesos (₱600,000.00).

SECTION 164. Those responsible for the formation of a Fine for fraudulent incorporation. The fine
Obtaining Corporate Registration corporation through fraud, or who assisted ranges from ₱200,000.00 to ₱5 Million.
Through Fraud; Penalties. directly or indirectly therein, shall be
punished with a fine ranging from Two
hundred thousand pesos (₱200,000.00) to
Two million pesos (₱2,000,000.00). When
the violation of this provision is injurious or
detrimental to the public, the penalty is a fine
ranging from Four hundred thousand pesos
(₱400,000.00) to Five million pesos
(₱5,000,000.00).

SECTION 165. A corporation that conducts its business • Fine for fraudulent conduct of
Fraudulent Conduct of Business; through fraud shall be punished with a fine business. The fine ranges from
Penalties. ranging from Two hundred thousand ₱200,000.00 to ₱2 Million.
pesos (₱200,000.00) to Two million pesos • If violation is injurious or detrimental
(₱2,000,000.00). When the violation of this to the public. The fine ranges from
provision is injurious or detrimental to the ₱400,000.00 to ₱5 Million.
public, the penalty is a fine
ranging from Four hundred thousand pesos
(₱400,000.00) to Five million pesos
(₱5,000,000.00).

SECTION 166. A corporation used for fraud, or for Fine for using the corporation for fraud or
Acting as Intermediaries for Graft and committing or concealing graft and corrupt for committing or concealing graft and
Corrupt Practices; practices as defined under pertinent statutes, corrupt practices. The fine ranges from
Penalties. shall be liable for a fine ranging from One ₱100,000.00 to ₱5 Million.
hundred thousand pesos (₱100,000.00) to
Five million pesos (₱5,000,000.00).
When there is a finding that any of its
directors, officers, employees, agents, or
representatives are engaged in graft and
corrupt practices, the corporation’s failure to
install:
a. safeguards for the transparent and lawful
delivery of services; and
b. policies, code of ethics, and procedures
against graft and corruption shall be
prima facie evidence of corporate
liability under this section.

SECTION 167. A corporation that appoints an intermediary Fine for appointing an intermediary to
Engaging Intermediaries for Graft and who engages in graft and corrupt practices for engage in graft and corrupt practices for
Corrupt Practices; Penalties. the corporation’s benefit or interest shall be the benefit of the corporation. The fine
punished with a fine ranging from One ranges from ₱100,000.00 to ₱1 Million.
hundred thousand pesos (₱100,000.00) to
One million pesos (₱1,000,000.00).

SECTION 168. A director, trustee, or officer who knowingly Fine for knowingly tolerating graft and
Tolerating Graft and Corrupt Practices; fails to sanction, report, or file the appropriate corrupt practices or fraudulent acts. The
Penalties. action with proper agencies, allows or fine ranges from ₱500,000.00 to ₱1
tolerates the graft and corrupt practices or Million.
fraudulent acts committed by a corporation’s
directors, trustees, officers, or employees shall
be punished with a fine ranging from Five
hundred thousand pesos (₱500,000.00) to
One million pesos (₱1,000,000.00).

SECTION 169. A whistleblower refers to any person who Fine for retaliatory acts against
Retaliation Against Whistleblowers. provides truthful information relating to the whistleblowers. The fine ranges from
SEC or possible SEC of any offense or violation ₱100,000.00 to ₱1 Million.
under this Code. Any person who, knowingly
and with intent to retaliate, commits acts
detrimental to a whistleblower such as
interfering with the lawful employment or
livelihood of the whistleblower, shall, at the
discretion of the court, be punished with a
fine ranging from One hundred thousand
pesos (₱100,000.00) to One million pesos
(₱1,000,000.00).

SECTION 170. Violations of any of the other provisions of Fine for other violations. The range of
Other Violations of the Code; Separate this Code or its amendments not otherwise fines was increased from ₱1,000.00 –
Liability. specifically penalized therein shall be ₱10,000.00 (Corporation Code of the
punished by a fine of not less than Ten Philippines) to ₱10,000.00 – ₱1 Million.
thousand pesos (₱10,000.00) but not The penalty of imprisonment was also
more than One million pesos removed.
(₱1,000,000.00). If the violation is committed
by a corporation, the same may, after notice
and hearing, be dissolved n appropriate
proceedings before the SEC: Provided, That
such dissolution shall not preclude the
institution of appropriate action against the
director, trustee, or officer of the corporation
responsible for said violation: Provided,
further, That nothing in this section shall be
construed to repeal the other causes for
dissolution of a corporation provided in this
Code. Liability for any of the foregoing
offenses shall be separate from any other
administrative, civil, or criminal liability
under this Code and other laws.
• Idk how to fix table huhu
• Are the enumerated acts considered criminal offenses if the penalty is only a fine and not imprisonment?

• Yes, under Article 26 of the RPC, a fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 1,200,000; a
correctional penalty, if it does not exceed 1, 200,000 but is not less than 40,000; and a light penalty, if be less than 40,000.

• there are in fact, various criminal offenses under the RPC and special laws when the penalty for the criminal offense consists only of monetary fines such as: Occupation of
real property or usurpation of real rights in property under Art 312 of the RPC, Reckless acts of imprudence and negligence resulting in damage to property of another under
Art. 365 of the RPC, violation of RA 10054 or Motorcycle Helmet Act of 2009, violation of RA 8750 or “Seat Belts Use Act of 1999”, violation of RA 10913 or the Anti-
Distracted Driving Act, violation of certain provisions of RA 11313 or Safe Spaces Act or Tobacco Regulation Act of 2003.

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