(Art. 161 - 175) Crimes Against Public Interest-Forgeries

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES TITLE FOUR

11. Falsification by private individual and use of falsified documents. (Art. 172)

CRIMES AGAINST PUBLIC INTEREST

12. Falsification of wireless, cable, telegraph and telephone messages and use of said falsified messages. (Art. 173)

What are the crimes against public interest? They are: 1. Counterfeiting the great seal of the Government of the Philippines, forging the signature or stamp of the Chief Executive. (Art. 161) 2. Using forged signature or counterfeit seal or stamp. (Art. 162) 3. Making and importing and uttering false coins. (Art. 163) 4. Mutilation of coins, importation and uttering of mutilated coins. (Art. 164) 5. Selling of false or connivance. (Art. 165)

mutilated

coins,

13. False medical certificates, false certificates of merit or service. (Art. 174) 14. Using false certificates. (Art. 175) 15. Manufacturing and possession of instruments or implements for falsification (Art. 176) 16. Usurpation of authority or official functions. (Art. 177) 17. Using fictitious name and concealing true name. (Art. 178)

without

6. Forging treasury or bank notes or other documents payable to bearer, importing, and uttering of such false or forged notes and documents. (Art. 166) 7. Counterfeiting, importing and uttering instruments not payable to bearer. (Art. 167) 8. Illegal possession and use of forged treasury or bank notes and other instruments of credit. (Art. 168) 9. Falsification of legislative documents. (Art. 170)

What are the crimes called forgeries?

10. Falsification by public officer, employee or notary. (Art. 171)

They are:

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES 1. Forging the seal of the Government, signature or stamp of the Chief Executive. (Art. 161)

Acts punished:

2. Counterfeiting of coins. (Art. 162)

1. Forging the Great Seal of the Government of the Philippines.

3. Mutilation of coins. (Art. 164)

2. Forging the signature of the President.

4. Forging treasury or bank notes or other documents payable to bearer. (Art. 166)

3. Forging the stamp of the President.

5. Counterfeiting instruments not payable to bearer. (Art. 167)

Custody and use of the Great Seal 

6. Falsification of legislative documents. (Art. 170) 7. Falsification by public officer, employee or notary or ecclesiastical minister. (Art. 171) 8. Falsification by private individuals. (Art. 172) 9. Falsification of wireless, cable, telephone messages. (Art. 173)

telegraph

and

10. Falsification of medical certificates, certificates of merit or service. (Art. 174)

The offense is not falsification of public document 

Section One – Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive. Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.

The Great Seal shall be and remain in the custody of the President of the Philippines, and shall be affixed to or placed upon all commissions signed by him, and upon such other official documents and papers of the Republic of the Philippines as may by law be provided, or as may be required by custom and usage in the discretion of the President of the Philippines.

When the signature of the President is forged, the name of the crime is forging the signature of the Chief Executive under this Article.

The signature of the President must be formed 

The act punishable, among others, is counterfeiting or making an imitation of the signature of the Chief

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES Executive on what is made to appear as an official document of the Republic of the Philippines. Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article.

Elements:

1. That

the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person.

2. That the offender knew of the counterfeiting or forgery.

3. That he used the counterfeit seal or forged signature or stamp. The offender under this article should not be the forger. 

The offender should not be the one who forged the great seal or signature of the Chief Executive. Otherwise, he will be penalized under Art. 161.



The act is that of an accessory but the penalty is only one degree lower.

Section Two – Counterfeiting coins

What are the crimes under counterfeiting coins? They are:

1. Making and importing and uttering false coins (Arty. 163); 2. Mutilation of coins – importation and utterance of mutilated coins (Art. 164); and 3. Selling of false or mutilated coin, without connivance. (Art. 165) Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers, shall suffer: 1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten centavo denomination or above. 2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below ten-centavo denomination. 3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES Elements:

1. That there be false or counterfeited coins. 2. That the offender either made, imported or uttered such coins.

3. That in case of uttering such false or counterfeited

counterfeited coin is uttered when it is paid, when the offender is caught counting the counterfeited coins preparatory to the acts of delivering them, even though the utterer may not obtain the gain he intended. Kinds of punished:

coins

the

counterfeiting

of

which

is

or

a. Silver coin of the Philippines or coin of the Central Bank of the Philippines.

Coin – is a piece of metal stamped with certain marks and made current at a certain value.

b. Coin of the minor coinage of the Philippines or of the Central Bank of the Philippines.

When is a coin false or counterfeited?

c. Coin of the currency of a foreign country.

coins, he importers.



connived

with

the

counterfeiters

A coin is false or counterfeited, if it is forged or if it is not authorized by the Government as legal tender, regardless of its intrinsic value.

Counterfeiting – the imitation of a legal or genuine coin. It may contain more silver than the ordinary coin.

 There is counterfeiting when a spurious coin is made. There must be an imitation of the peculiar design of a genuine coin. (US vs. Basco)

Minor coins of the Philippines – coins below ten-centavo denomination. Former coins withdrawn from circulation may be counterfeited under Art. 163.

 The reason for punishing the fabrication of a coin withdrawn from circulation is not alone the harm that may be caused to the public in case it goes into circulation again, but the possibility that the counterfeiter may later apply his trade to the making of coins in actual circulation. (P. vs. Kong Leon)

Import – to import fake coins means to bring them into port. The importation is complete before entry at the Customs House. (US vs. Lyman)

 Art. 163 of the RPC penalizes the making, importing

Utter – to utter is to pass counterfeited coins. It includes their delivery or the act of giving them away. A

and uttering of false coins whether of the US, of the Philippines or of a foreign country, because it is intended to protect not only the coins legally minted

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES in said countries, but also the public in general. The legislator has taken into consideration the bad effect of the crime of counterfeiting of coins, its importing and uttering. (P. vs. Ching Ting)

Mutilation – means to take off part of the metal either by filing it or substituting it for another metal of inferior quality.

 To diminish by ingenuous means the metal in the coin. One who mutilates a coin does not do so for the sake of mutilating, but to take advantage of the metal abstracted; Hence, the coin diminishes in intrinsic value. One who utters said mutilated coin receives its legal value, much more than its intrinsic value. (P. vs. Tin Ching Ting)

Under par. 3, the word “currency” is not correct, because the Spanish text uses the word “moneda” which embraces not only those that are legally tender, but also those out of circulation.

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The penalty of prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers. Acts punished under Art. 164:

The coin must be of “legal tender” in mutilation 

It is indispensable that the mutilated coin be of legal tender.

Coins of foreign country not included.

 The coin mutilated must be genuine and has not been withdrawn from circulation. The coin must be of the legal currency or current coins of the Philippines.

They are:

1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another. 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering.

Art. 165. Selling of false or mutilated coin, without connivance. — The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES Acts punished under Art. 165:

 The possession prohibited in Art. 165 of the RPC is possession in general, that is, not only actual, physical possession, but also constructive possession or the subjection of the thing to one’s control. (in pari materia – of the same subject), otherwise offenders could easily evade the law by the mere expedient of placing other persons in actual, physical possession of the thing although retaining constructive possession or actual control thereof. (P. vs. Andrada)

They are: 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. Elements: a. Possession,

b. With intent to utter, and

Possession of counterfeiter or importer not punished as separate offense.

c. Knowledge.

2. Actually uttering such false or mutilated knowing the same to be false or mutilated.

coin,



If the false or mutilated coins are found in the possession of the counterfeiters, or mutilators, or importers, such possession does not constitute a separate offense, but is identified with the counterfeiting or mutilation or importation.



The offense punished under this article is the mere holding of the false or mutilated coin with intent to utter.

Elements: a. Actually uttering, and b. Knowledge. Possession of or uttering false coin does not require that the counterfeited coin is legal tender.

The accused must have knowledge of the fact that the coin is false.

 Art. 165 does not require that the coin be of legal tender, but if the coin being uttered or possessed with intent to utter is a mutilated coin, it must be legal tender coin, because of Art. 164 to which Art. 165 is related. Constructive possession included.

Section Three – Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. — The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows: 1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has been falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands. The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. 3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited document was issued by a foreign government. 4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. Three acts penalized under Art. 166: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer. 2. Importation of such false or forged obligations or notes. 3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers. How are “forging” and “falsification” committed. Forging – is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES Falsification – is committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein. (Art. 169)

a. When it is expressed to be so payable; or

Importation of false or forged obligations or notes – to bring them into the Philippines , which presupposes that the obligations or notes are forged or falsified in a foreign country.

c. When it s payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or

Uttering false or forged obligations or notes – offering obligations or notes knowing them to be false or forged, whether such offer is accepted or not, with a representation, by words or actions, that they are genuine and with intent to defraud. Uttering forged bill must be with connivance to constitute a violation of Art. 166 Notes and other obligations and securities that may be forged or falsified under Art. 166 They are: 1. Treasury or bank notes, 2. Certificates,

3. Other obligations and securities, payable to bearer. 

A bank note, certificate or obligation and security is payable to bearer when it can be negotiated by mere delivery.

An instrument is payable to bearer –

b. When it is payable to a person named therein or bearer; or

d. When the name of the payee does not purport to be the name of any person; or e. When the only or last indorsement is an indorsement in blank. (Negotiable Instruments Law, Sec. 9) Penalties depend on the kind of forged treasury or bank notes or other documents. 

There are four penalties prescribed in Art. 166, and those penalties are respectively imposed if the document falsified, altered or counterfeited is any of the following:

a. Obligation or security issued by the Government of the Philippines.

b. Circulating

note issued by any banking association duly authorized by law to issue the same.

c. Document issued by a foreign government. d. Circulating note or bill issued by a foreign bank duly authorized to issue the same.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES The Code punishes forging or falsification of bank notes and of documents of credit payable to bearer and issued by the State more severely than it does the counterfeiting of coins.

 The reason for this is that the first tends to bring such documents into discredit and the offense produces a lack of confidence on the part of the holders of said documents to the prejudice of the interests of society and of the State. Moreover, it is easier to forge or falsify such certificates, notes and documents of credit than to make counterfeit coins, and the profit which is derived therefrom by the forger of such documents is greater and the incentive for the commission of such a crime more powerful. US vs. Gardner) The words “obligation or security of the Philippine Islands” shall be held to mean all – a. Bonds, b. Certificate of indebtedness,

c. National bank notes (Money bills issued by the Central Bank), d. Coupons,

j.

Drafts for money,

k. And other representatives of value issued under any Act of Congress. Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. — Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos. Elements:

1. That there be an instrument to order or other documents of credit not payable to bearer.

2. That the offender either forged, imported or uttered such instrument.

3. That in case of uttering, he connived with the forger or importer. Application of Art. 167 is limited to instruments payable to order.

e. Treasury notes, f.

Fractional notes,

g. Certificate of deposits, h. Bills, i.

Checks,

 The counterfeiting under Art. 167 must involve an instrument payable to order or other document of credit not payable to bearer.

 The instrument is payable to order where it is drawn payable to the order of a specified person or to him

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES or his order. (Negotiable Instruments Law, Sec. 8) It is negotiated by indorsement and delivery.

This article also covers instruments or other documents of credit issued by a foreign government or bank 

because the act punished includes that of importing, without specifying the country or government issuing them.

 If the document is payable to bearer, there is no doubt that it may be issued by a foreign government or bank. Art. 166, pars. 3 and 4, cover such documents.

 Falsification of US treasury warrants not payable to bearer are punished under Art. 172, not under Art. 167. (P. vs. Loteyro)

 But the prosecution for uttering US treasury warrants was made under Art. 166 (P. vs. Esteban) Reason for punishing forgery

 Forgery of currency is punished so as to maintain the integrity of the currency and thus insure the credit standing of the government and prevent the imposition on the public and the government of worthless notes or obligations. (P. vs Galano) Connivance is not required in uttering if the utterer is the forger.

 The utterer should not be the forger. If the utterer was the one who forged the instrument payable to order, obviously connivance is not required, for he can be held liable as a forger of the instrument. (P. vs. Orqueza) Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. — Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. Elements:

1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person.

2. That the offender knows that any of those instruments is forged or falsified.

3. That he performs any of these acts – a. Using any of such forged or falsified instruments; or

b. Possessing with intent to use any of such forged or falsified instruments.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES Intent to possess is not intent to use.



 Possession of false treasury or bank notes alone is not a criminal offense. For it to constitute an offense under Art. 168 of the RPC, the possession must be with intent to use said false treasury or bank notes. Hence, it follows that an information alleging possession of false treasury and bank notes without alleging intent to use the same but only intent to possess them, charges no offense. To prove that a bank note is forged

Accused has the burden to give satisfactory explanation of his possession of forged bills. 

 Evidence must be presented that the number which

A person in possession of falsified document and who makes use of the same is presumed to be material author of falsification. 

Intent to use is sufficient to consummate the crime when the offender is in possession of false or falsified obligations or notes.

Mere possession of false money bill, without intent to use it to the damage of another, is not a crime.

The failure of the accused to explain satisfactorily his possession of the counterfeit bills means either: 1. He forged them himself,

the questioned bank note bears does not check with the genuine one issued with the same number. (P. vs. Barraquia) The accused must have knowledge of the forged character of the note, otherwise, he cannot be held liable under this article.

Thus, a person who had a counterfeited P50 pesos bill under the glass of his table among other objects as decoration, is not liable for illegal possession of false bank note, there being no intent to use it to the damage of another.

2. That he knows who falsified them, but he does not want to divulge him. (P. vs. de la Roca) It can’t be held as an impossible crime when the act performed would have been a crime of illegal possession of false treasury notes. 

In impossible crimes under par. 2 of Art. 4 of the Code, the act performed would have been an offense against persons or property. Forging or falsification of treasury notes is neither an offense against persons nor an offense against property.

Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of the following means:

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document. 2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. Forgery includes falsification and counterfeiting. 

With the definition given in this article, the crime of counterfeiting or forging treasury or bank notes or other documents payable to bearer or to order includes: 1. Acts of counterfeiting or forging said instruments, and 2. Acts of falsification.



Example of forgery under par. No. 1 (People vs. Galano) – Writing of the word “victory” in ink at the back of the one-peso bill. Said bill is a genuine pre-war treasury certificate “payable to the bearer on demand” which has been, however, withdrawn from circulation. It is, however, redeemable at its face value if presented to the Central Bank, pursuant to RA 17 and 199. Held: The forgery committed comes under par. 1. This provision contemplates not only the situations where a spurious, false or fake document, but also the situations involving originally true and genuine

documents which have been withdrawn demonetized, or have outlived their usefulness. 

or

Example of forgery under par. No. 2 (US vs. Solito) – A treasury warrant originally made payable to B, or his order. A wrote B’s name on the back of said treasury warrant as f B had indorsed it, and then presented it for payment. It was paid to A. Held: This is forgery, because when A wrote B’s name on the back of the treasury warrant which was originally payable to B or his order, he converted by such supposed indorsement, the treasury warrant to one payable to bearer. It had the effect of erasing the phrase “or his order” upon the face of the warrant. There was material alteration on a genuine document. Defacement, mutilation, tearing, burning or destroying of Central Bank notes and coins, penalized. It is ordered and decreed: 1. That it shall be unlawful for any person to willfully deface, mutilate, tear, burn or destroy, in any manner whatsoever, currency notes and coins issued by the Central Bank of the Philippines; and 2. That any person who shall violate this Decree shall, upon conviction, be punished by a fine of not more than twenty thousand pesos and/or by imprisonment of not more than five years.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES All laws, orders and regulations, or parts thereof, inconsistent herewith are hereby modified or repealed accordingly. (PD No. 247,which took effect on July 18, 1973) Section Four. — Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and telephone message. Five classes of falsification: 1. Falsification of legislative documents. (Art. 170) 2. Falsification of a document by a public officer, employee or notary public. (Art. 171) 3. Falsification of a public or official, or commercial document by a private individual. (Art. 172, par. 1) 4. Falsification of a private document by any person. (Art. 172, par. 2) 5. Falsification of wireless, telegraph and telephone messages. (Art. 173)

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. Elements:

1. That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. 2. That the offender alters the same.

3. That he has no proper authority therefor. 4. That the alteration has changed the meaning of the document.

Forgery and Falsification, distinguished.

Note: The municipal council should include the city council or municipal board.

Forgery – refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order.

The bill, resolution or ordinance must be genuine.

Falsification – is the commission of any of the eight (8) acts mentioned in Art. 171 on legislative (only the act of making alteration), public or official, commercial, or private documents, or wireless, or telegraph messages.

The act of falsification in legislative document is limited to altering it which changes its meaning.

The offender is any person.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

b. That the two signatures or handwritings, the genuine Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: 1.Counterfeiting or signature or rubric;

imitating

any

handwriting,

1. Counterfeiting, which is imitating handwriting, signature or rubric;

any

2. Feigning, which is simulating a signature, handwriting or rubric out of one which does not in fact exist. •

In counterfeiting, there is an original signature or handwriting which is imitated. An imitation is necessary, but it need not be perfect.

and the forged, bear some resemblance to each other. (The resemblance must be such that it is likely to deceive an ordinary person receiving or dealing with the document. (US vs. Rampas) When any of the requisites of counterfeiting is not present.

 the accused may be found guilty under par. 2 of Art. 171, in causing it to appear that those persons have participated in the act when they did not in fact so participate. (US vs. Freimuth) Imitating (feigning) * the Spanish text of Art. 171 ”fingiendo” (for imitation). In feigning, there is no original signature, handwriting or rubric, but a forgery of a signature, handwriting or rubric that does not exist. Feign – to represent by a false appearance (no original document or signature); to give a mental existence to; to imagine.

Requisites of counterfeiting:

a. That there be an intent to imitate, or an attempt to imitate. (If there is sufficient resemblance between the genuine and the forged signatures, it can be concluded that the accused had the intention and attempted to imitate the signature of the offended party.) (US vs. Rampas)

2.Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; •

The imitation of the signature of the offended party is not necessary in falsification under par. 2 of Art. 171.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

Requisites:

a. That the offender caused it to appear in a document that a person or persons participated in an act or a proceeding; and b. That such person or persons did not in fact so participate in the act or proceeding.

3.Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; Requisites: a. That a person or persons participated in an act or a proceeding; b. That such person or persons made statements in that act or proceeding; and c. That the offender, in making a document, attributed to such person or persons statements other than those in fact made by such person or persons. 4. Making untruthful statements in a narration of facts; Requisites:

a. That the offender makes in a document statements in a narration of facts; b. That he has a legal obligation (a law requiring the disclosure of the facts narrated) to disclose the truth of the facts narrated by him; 

Legal obligation to disclose the truth, inherent in resident certificate.



The person making the narration of facts must be aware of the falsity of the facts narrated by him.

c. That the facts narrated absolutely false; and 

by

the

offender

are

The rule is that if the statements are not altogether false, there being some colorable truth in such statements, the crime of falsification is not deemed to have been committed.

d. That the perversion of truth in the narration of facts was made with the wrongful intent or injuring a third person. * wrongful intent on the part of the accused to injure a third person is not an essential element when the document falsified is public document. * There is no falsification by one who acted in good faith. * The fact that one’s consent to a contract was obtained by means of violence does not make the facts narrated therein false. – The fact that one’s consent to the contract was obtained by means of violence or intimidation does not make it a false contract in the sense that no consent had

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES ever been given and the entire document had been simulated, since the signatures of the parties are genuine. * There is such an offense of Falsification by omission (P. vs Dizon)

Requisites: 1. That there be an alteration (change) or intercalation (insertion) on a document; 2. That it was made on a genuine document;

5. Altering true dates;

3. That the alteration or intercalation has changed the meaning of the document; and

Dates must be essential.

4. That the change something false.

* There is falsification under this paragraph only when the date mentioned in the document is essential. The alteration of the date or dates in a document must affect either the veracity of the document or the effects thereof. Example: The dates of birth, marriage and death are essential, because without them the documents “cannot produce any legal effect.” Altering dates in official receipts to prevent the discovery of malversation is falsification. > It is true that if the alteration of a date does not affect the integrity of the document, it does not constitute the crime of falsification, but the rule has no application when the act committed, not by ignorance or mistake but rather to prevent the discovery of an illegal appropriation of public funds. (P. vs. Belgica) 6. Making any alteration or intercalation in a genuine document which changes its meaning;

made

the

document

speak

Alteration which speaks the truth is not falsification. The alteration must affect the integrity or change the effects of the document. Altering the grades in examination papers involves several acts of falsification. An employee of the Supreme Court after striking out the grade of a bar candidate in Civil Law of 63% changing it to 73% and in Remedial Law striking out 58% and changing it to 64%. The acts of falsification are: 1. Making alterations on genuine documents; 2. Making it appear that the correctors had participated in blotting out the grades and writing new and increased grades opposite their initials, and

3. Attributing to the correctors statements other than those in fact made by them. (P. vs. Romualdez)

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or * The acts of falsification mentioned in this paragraph cannot be committed by a private individual or by a notary public or a public officer who does not take advantage of his official position. Act that can be performed under par. 7: 1. Purporting to be a copy of an original when no such original exists. Example: A notary public made a supposed copy of a deed of sale which was never executed and of which he had no copy. 2. Including in a copy a statement contrary to, or different from, that of the genuine original. Example: A civil registrar stated in a certified true copy of a record of birth that the person mentioned therein was legitimate when there was no such statement in the original. Liability of private individual in falsification by a public officer when there is conspiracy.

* A private person who cooperates with a public officer in the falsification of a public document is guilty of this crime and incurs the same liability and penalty as the public officer. (US vs. Ponte) Intent to gain or prejudice not necessary. * It will be noted that in Art. 171, it is the official character of the offender which is mainly taken into consideration. * The idea of gain or the intent to cause damage to a third person is not necessary, because it is the interest of the community which is intended to be guaranteed by the strictest faithfulness of the officials charged with the preparation and preservation of the acts in which they intervene. 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.

Elements of Article 171:

1. That the offender is a public officer, employee, or notary public.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES e. Altering true dates.

 The ecclesiastical minister is liable under this article if he shall commit any of the acts of falsification enumerated in this article with respect to any record or document of such character that its falsification may affect the civil status of persons.

f.

g. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original.

2. That he takes advantage of his official position.  When (a) he has the duty to make or to prepare or otherwise to intervene in the preparation of the document.

h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book.

(b) he has the official custody of the document which he falsifies.

Document – any written statement by which a right is established or an obligation extinguished. (P. vs. Moreno) A document is a writing or instrument by which a fact may be proven and affirmed.

* Even if the offender was a public officer but if he did not take advantage of his official position, he would be guilty of falsification of a document by a private person under Art. 172.

3. That he falsifies a document by committing any of the following acts: a. Counterfeiting or imitating (feigning) handwriting, signature or rubric.

any

b. Causing it to appear that persons have participated n any act or proceeding when they did not in fact so participate. c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. d. Making untruthful statements in a narration of facts.

Making any alteration or intercalation in a genuine document which changes its meaning.



It is not necessary to specify in Art. 171 the document falsified, because when the document s executed with the intervention of a public officer, employee or notary public, such document must necessarily be a public or official document.

Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES document or letter of exchange or any other kind of commercial document; and 2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. Three acts punished by Art. 172 They are: 1. Falsification of public, official or commercial document by a private individual. (Par. 1) 2. Falsification of private document by any person. (Par. 2) 3. Use of falsified document. (Last par.) Falsification under par. 1 of Art. 172 Elements:

1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. 2. That he committed any of the acts of falsification enumerated in Art. 171.

3. That the falsification was committed in a public or official or commercial document. The offender should not be a public officer, employee or notary public, who takes advantage of his official position. The document falsified must be public, official or commercial. 

A written statement which may convey or remove one’s right or obligations.

Four kinds of document:

1. Public document – a document created, executed or issued by a public official in response to the exigencies of the public service, or in the execution of which a public official intervened. (Us vs. Asensi) A public document is any instrument authorized by a notary public or a competent public official, with the solemnities required by law. (Cacnio, et. al. vs. Baens)

2. Official document – a document which is issued by a public official in the exercise of the functions of his office. An official document is also a public

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES document. It falls within the larger class called public documents. (US vs. Asensi)

d. Surety account, journal books, ledgers. (P vs. Lerma)

3. Private document – a deed or instrument executed

e. Air way bills. These are in the nature of bills of lading.

by a private person without the intervention of a notary public or other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth. (US vs. Orera) Ex: Theater ticket Note: Notarization converts a private document into a public document. A private document may acquire the character of a public document when it become part of an official record and is certified by a public officer duly authorized by law.

4. Commercial document – any document defined and regulated by the Code of commerce (P vs. Co beng) or any other commercial law.

Cash disbursement vouchers or receipts evidencing payment to borrowers of the loans extended to them are not commercial documents but private documents only.

The possessor of a certificate of title is presumed to be the author of the falsification that made possible the transfer of title.

Example:

The possessor of a falsified document is presumed to be the author of the falsification.

a. Letters of exchange, letters of credit, drafts, trade acceptances, checks, notes or pagares issued in the course of a business transaction, quedans, bonds, books of accounts, and in general, any negotiable instrument. (P vs. Francisco)

In par. 1, Art. 172, damage or intent to cause damage is not necessary.

b. Quedans Unjieng)

or

warehouse

receipts.

(P

vs.

Cu

c. Cash files, deposit slips and bank statements. (P vs. Benito)

 In the falsification of public or official documents, whether by public officials or by private persons, it is not necessary that there be present the idea of gain or the intent to cause damage to a third person, for the reason that, in contradistinction to private documents, the principal thing punished is the violation of the public fath and the destruction of the truth as therein solemnly proclaimed. (P vs. Pacana)

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES Lack of malice or criminal intent however is a defense in falsification of public document.

 The “perjuicio” caused to another in falsification of private document need not be material. The law does not make any distinction between “perjuicio” and “dano.” Damage to one’s honor is included. (P vs Marasigan)

 While it is true that falsification of a public document does not require as an essential element, damage to a third person or intent to cause such damage, signing the name of a deceased heir in a deed of sale of a piece of land owned in common by several heirs, having been done by the accused with the authority of the children of the deceased heir, is not a punishable act of falsification, the accused not having acted with malice. (P vs. Unico)

Mere falsification of private document is not enough. It requires two things: 1. He must have counterfeited the false document. 2. He must have performed an independent act which operates to the prejudice of a third person.

Damage need not be material.

It is not necessary that the offender profited or hoped to profit by the falsification, all that the law requires is an intent to prejudice another person.

Falsification as a necessary means to commit other crimes.



When the offender commits on a document any of the acts of falsification enumerated in Art. 171 as a necessary means to commit another crime, like estafa, theft or malversaton, the two crimes form a complex crime under Art. 48. However, the document falsified must be public, official or commercial.

There is no complex crime of estafa through falsification of a public document.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES If a private document is falsified to obtain from the offended party the money or other personal property which the offender later misappropriated, the crime committed is falsification of private document only.

If a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender, the crime committed is estafa with abuse of confidence only.

There is no falsification of private document through reckless imprudence.



Since in falsification of a private document, there is at least intent to cause damage, that is, there must be malice, and falsification through imprudence implies lack of such intent or malice, there is no such crime as falsification of a private document through negligence or reckless imprudence.

Difference between official document

falsification

of

public

or

and that of private document.

Private document – the prejudice to a third party is primarily taken into account so that if such damage is not apparent, or there is at least no intention to cause it, the falsification is not punishable.

Public or official document – the principal thing punished is the violation of public faith and the perversion of truth which the document solemnly proclaims, and for this reason it is immaterial whether or not some prejudice has been caused to third persons. (P vs. Pacana)

Generally, falsification frustrated stage.



has

no

attempted

or

Falsification is consummated the moment the genuine document is altered or the moment the false document is executed. It is immaterial that the offender did not achieve his objectives.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES 

There may be frustrated crime of falsification if the falsification is imperfect.

2. That the false document is embraced in Art. 171 or in any subdivision No. 1 or 2 of Art. 172. 3. That he used proceedings).

Use of falsified document (last par. of Art. 172)

such

document

(not

in

judicial

4. That the use of the false document caused damage to another or at least It was used with intent to cause such damage.

Elements of falsified document: Introducing in a judicial proceeding – (Damage is not necessary)

Use of false document is not necessarily included in the crime of falsification.

 The crime punished in the last par. of Art. 172 of the 1. That the offender knew that a document was falsified by another person.

2. That the false document is embraced in Art. 171 or in any subdivisions No. 1 or 2 of Art. 172.

Revised Penal Code may be a lesser offense, but it certainly cannot be deemed necessarily included in the crime of falsification of a public document by a public officer or employee or by a private person. (P vs. Mendoza)

3. That he introduced said document in evidence in any judicial proceeding.

The user of the falsified document is deemed the author of the falsification if:

Use in any other transaction – (Requires at least intent to cause damage)

1. The use was so closely connected in time with the falsification.

1. That the offender knew that a document was falsified

2. The user had the capacity of falsifying the document.

by another person.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

1. That the offender is an officer or employee of the Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same. Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree.

Three acts punished under Art. 173 1. Uttering fictitious wireless, telegraph or telephone message. 2. Falsifying wireless, telegraph or telephone message. 3. Using such falsified message.

Government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. 2. That the offender commits any of the following acts:

a. Uttering fictitious wireless, cable, telegraph or telephone message; or

b. Falsifying wireless, cable, telegraph, or telephone message. The public officer, to be liable, must be engage in the service of sending or receiving wireless, cable, telegraph or telephone message. 

The officer or employee of the Government, to be liable, must be engaged in the service of sending or receiving wireless, cable telegraph or telephone messages, like the telegraph operator of the Bureau of Posts or the operator of Government telephone.

Use of said falsified messages. (Par. 2, Art. 173) Elements:

1. That the accused knew that wireless, cable, Uttering message or falsifying the same. (Part. 1, Art. 173) Elements:

telegraph, or telephone message was falsified by any of the persons specified in the first paragraph of Art. 173.

2. That the accused used such falsified dispatch.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice. Private individual cannot be a principal by direct participation in falsification of telegraphic dispatches under Art. 173. 





A private individual cannot commit the crime of falsification of telegraphic dispatches by direct participation, unless he is an employee of a corporation engaged in the business of sending or receiving wireless, telegraph or telephone messages. But a private individual can be held criminally liable as principal by inducement in the falsification of telegraph dispatches or telephone messages. But if he knowingly uses any falsified telegraph, wireless or telephone messages to the prejudice of a third person, or with intent to cause such prejudice, it is not necessary that he be connected with such corporation.

Act. No. 1851, Sec. 4, punishes private individuals who forge or alter telegram. 

Any person who willfully forges or substantially alters a telegram or who utters a telegram knowing the same to be forged, or who utters as a telegram any message or communication which he knows to be not a telegram, is punished by a fine not exceeding 100 pesos.

Section Five. — Falsification of medical certificates, certificates of merit or services and the like.

Art. 174. False medical certificates, false certificates of merits or service, etc. — The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon: 1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and 2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. Certificate – any writing by which testimony s given that a fact has or has not taken place. Persons liable for falsification of certificates.

1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate. (It must refer to the illness or injury of a person) Note: The crime is False Medical Cert. by a physician.

CRIMINAL LAW 2 TITLE FOUR CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE FORGERIES

2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances. Note: The crime is False Certificate of Merit or Service by a public officer.

3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2. Note. The crime is False Medical Certificate by a private individual or False Certificate of Merit or Service by a private individual. Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article.

Elements:

1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates.

2. That the offender knew that the certificate was false. 3. That he used the same.

When any of the false certificates mentioned in Art. 174 is used in the judicial proceeding, Art. 172 does not apply, because the use of false document in judicial proceeding under Art. 172 is limited to those false documents embraced in Arts. 171 and 172.