Short answer. The fine ranges from forty thousand to one hundred thousand pesos, under the amounts RA 10951 set in 2017. Article 236 also suspends the official from the office or employment until he complies with the missing formality — taking the oath or posting the bond — so suspension and the fine apply together.

What the law says

Any person who shall assume the performance of the duties and powers of any public or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000).

Revised Penal Code, Article 236 — Anticipation Of Duties Of Office. Read the full provision →

The conduct this article targets

Article 236 applies to any person who shall assume the performance of the duties and powers of any public or employment without first being sworn in or having given the bond required by law. The problem is not holding the office itself, but starting to act in it before completing the formalities the law requires first — taking the oath, or posting whatever bond the position calls for.

Suspension until the formalities are actually completed

The first consequence is not the fine but suspension: the person shall be suspended from such office or employment until he shall have complied with the respective formalities. This suspension is not a fixed period — it lasts exactly as long as the missing oath or bond remains missing, and ends once the person actually completes what he skipped.

The fine, and why the amount printed matters

Alongside the suspension, Article 236 imposes a fine from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000). These are the amounts as revised by Republic Act No. 10951 in 2017, which updated the fines and property values used throughout the Revised Penal Code. Older printings of the Code in circulation may still show the original, much smaller 1930 figures, so it is worth confirming that whatever source you are relying on reflects the amounts as revised by RA 10951.

Both consequences apply, not just one

The article's wording ties the suspension and the fine together, not as alternatives. A person who assumed office duties without being sworn in or without posting the required bond faces both consequences: suspension from the office or employment until the missing formality is completed, and a fine within the range Article 236 sets, currently forty thousand to one hundred thousand pesos, on top of that suspension rather than in place of it.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.