Five Classes of Falsification
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Falsification of legislative documents;
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(2)
Falsification of a document by a public officer, employee or notary public;
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(3)
Falsification of a public or official, or commercial documents by a private individual;
(4)
Falsification of a private document by any person;
(5)
Falsification of wireless, telegraph and telephone messages.
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The crime of falsification must involve a writing that is a document in the legal sense. The writing must be complete in itself and capable of extinguishing an obligation or creating rights or capable of becoming evidence of the facts stated therein. Until and unless the writing has attained this quality, it will not be considered as document in the legal sense and, therefore, the crime of falsification cannot be committed in respect thereto.
pp p p Requisites: i. That there be an intent to imitate, or an attempt to imitate ii.
That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other
(lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2)
Falsification is the commission of any of the eight acts mentioned in Article 171 on legislative (only the act of making alteration), public or official, commercial, or private documents, or wireless, or telegraph messages. @
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! Note that forging and falsification are crimes under Forgeries.
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Requisites: i. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding; and
The term forgery as used in Article 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order.
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ii.
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ÿp pppp p Requisites: i. That the offender makes in a document statements in a narration of facts ii.
That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and
iii.
That the facts narrated by the offender are absolutely false; and
iv.
That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person
The words "municipal council" should include the city council or municipal board ± Reyes. R
Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies .
The falsification must be committed on a genuine, true and authentic legislative document. If committed on a simulated, spurious or fabricated legislative document, the crime is not punished under this article but under Article 171 or 172.
That such person/s did not in fact so participate in the act or proceeding
There must be a narration of facts, not a conclusion of law. Must be on a material matter
For one to be held criminally liable for falsification under paragraph 4, the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce.
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Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates
The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission
¦ p ± date must be essential
For falsification to take place under this paragraph, the date of the document must be material to the right created or to the obligation that is extinguished. ë
7.
d.
^o even if the offender is a public officer, if her causes the falsification of a document which is not in his official custody or if the falsification committed by him is not related whatsoever to the performance of his duties, he will still be liable for falsification but definitely not under this Article but under Article 172. (falsification of documents by a private person)
Any written instrument which establishes a right or by which an obligation is extinguished. A deed or agreement executed by a person setting forth any disposition or condition wherein rights and obligations may arise. Writing may be on anything as long as it is a product of the handwriting, it is considered a document.
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Requisites: i. That there be an alteration (change) or intercalation (insertion) on a document
As long as any of the acts of falsification is committed, whether the document is genuine or not, the crime of falsification may be committed. Even totally false documents may be falsified.
ii.
That it was made on a genuine document
iii.
That the alteration/intercalation has changed the meaning of the document
iv.
That the change made the document speak something false.
u p p p p p p p p ppp p p if no knowledge, falsification through negligence or
The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. It can also refer to a public officer or notary who prepared and retained a copy of the document. The falsification can be done in two ways. It can be a certification purporting to show that the document issued is a copy of the original on record when no such original exists. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file. X
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In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons.
Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article
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± imitating any handwriting, signature or rubric
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c ± simulating a signature, handwriting, or rubric out of one of which does not in fact exist
It does not require that the writing be genuine. Even if the writing was through and through false, if it appears to be genuine, the crime of falsification is nevertheless committed. (1)
Public document in the execution of which, a person in authority or notary public has taken part;
(2)
Official document in the execution of which a public official takes part;
(3)
Commercial document or any document recognized by the Code of Commerce or any commercial law; and
(4)
Private document in the execution of which only private individuals take part.
Public document is broader than the term official document. Before a document may be considered official, it must first be a public document. But not all public documents are official documents. To become an official document, there must be a law which requires a public officer to issue or to render such document. Example: A cashier is required to issue an official receipt for the amount he receives. The official receipt is a public document which is an official document. Gp p p p p p p p
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3here is no crime of attempted or frustrated falsification of public document
Alteration or changes to make the document speak the truth do not constitute falsification. ÿp@j !@O R
åersons liable ± public officer, employee or notary public or ecclesiastical minister
Either he has duty to intervene in the preparation of the document or it may be a situation wherein the public officer has official custody of the document.
Under Republic Act 7975, when a public officer who holds a position classified as Grade 27 or higher, commits a crime in relation to the performance of his official functions, the case against him will fall under the jurisdiction of the ^andiganbayan. If a private person is included in the accusation because of the existence of conspiracy in the commission of the crime, the ^andiganbayan shall maintain jurisdiction over the person of the co-accused, notwithstanding the fact that said co-accused is a private individual. If the public officer is found guilty, the same liability and penalty shall be imposed on the private individual. @ !
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If the falsification of public, official or commercial documents, whether they be public official or by private individuals, it is not necessary that there be present the idea of gain or the intent to injure a third person. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. p p pp p R
lack of malice or criminal intent
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3 e following writings are public: a. the written acts or records of acts of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country. b.
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Public records kept in the Philippines.
Examples of commercial documents ± warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments
There is a | | | | | | | | In the crime of estafa, damage or intent to cause damage is not an element. It is sufficient that the offender committed or performed the acts of falsification as defined and punished under Article 171. The two offenses can co-exist as they have distinct elements peculiar to their nature as a crime. When the falsification is committed because it is necessary to commit estafa, what we have is a complex crime defined and punished under Article 48 of the Revised Penal Code. There is a complex crime of falsification of pubic documents through reckless imprudence.
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Cash disbursement vouchers or receipts evidencing payments are not commercial documents
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A mere blank form of an official document is not in itself a document
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The possessor of falsified document is presumed to be the author of the falsification
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Not necessary that the offender profited or hoped to profit from the falsification
Falsification of a private document is consummated when such document is actually falsified with the intent to prejudice a third person whether such falsified document is or is not thereafter put to illegal use for which it is intended. G pp!ë Oë What is emphasized at this point is the element of falsification of private document. There must be intent to cause damage or damage is actually caused. The intention is therefore must be malicious or there is deliberate intent to commit a wrong. Reckless imprudence is incompatible with malicious intent. R
Falsification is not a continuing offense
There is no falsification through reckless imprudence if the document is a private document. R
Falsification by omission
Mere falsification of a private document is not enough to commit crime under paragraph 2 of Article 172. Two acts must be done by the offender. 1) He must have performed in the private document the falsification contemplated under Article 171. 2) He must have performed an independent act which operates to cause damage or prejudice to a third person. The third person mentioned herein may include the government. Damage is not limited to money or pecuniary prejudice. Damage to oneƞs honor, reputation or good name is included. R
A document falsified as a necessary means to commit another crime must be public, official or commercial
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There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa
If a private document is falsified to cause damage to the offended party, the crime committed is falsification of a private document. Remember that in estafa, damage or intent to cause damage is an indispensable element of the crime. The same element is necessary to commit the crime of
falsification of private document. ^ince they have a common element, such element cannot be divided into the two parts and considered as two separate offenses. There is no complex crime of estafa with falsification because deceit is a common element of both. One and the same deceit or damage cannot give rise to more than one crime. It is either estafa or falsification.
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3 e user of t e falsified document is deemed t e aut or of falsification, if: a. the use is so closely connected in time with the falsification
| | b. IF the falsification of the private document was essential in the commission of estafa because the falsification, estafa cannot be committed, the crime is falsification; estafa becomes the consequence of the crime. IF the estafa can be committed even without resorting to falsification, the latter being resorted only to facilitate estafa, the main crime is estafa; falsification is merely incidental, since even without falsification, estafa can be committed. R
If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage.
A private document which is falsified to obtain money from offended party is a falsification of private document only. R
A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law
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The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records
Examples: An employee of a private company who punches the bundy clock on behalf on a co-employee is guilty of falsification of a private document. One who will take the civil service examination for another and makes it appear that he is the examinee is guilty of falsification of a public document.
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Introducing in a judicial proceeding: 3 p pp p p p @ 3 p p p p p p @ p @ ! 3 p p p p intent to cause damage not necessary Use in any ot er transaction: 3 p pp p p p @ 3 p p p p p p @ p @
the user had the capacity of falsifying the document
c Prejudice to third party is an element of the offense.
c " Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims.
| 1. It is a crime when knowingly introduced in a judicial proceeding even if there is not intent to cause damage to another. Knowingly introducing a falsified document in a judicial proceeding, the use alone is not a crime. The mere introduction of the forged document is the crime itself. But when the falsified document is knowingly introduced in an administrative proceeding, the use alone is not a crime. There must be intent to cause damage or damage is actually inflicted. 2. Falsification of document is a separate and distinct offense from that of the use of falsified documents. ^o if the falsification of document was done or performed because it was necessary to the use of the same and in the commission of the crime, then we may have a complex crime defined and punished under Article 48 of the Revised Penal Code. 3. Good faith is a defense in falsification of public document. ¦ ! c¦ c¦ c # ¦ ¦ ¦ ¦ ¦ c¦c¦ c ¦ R ¦ p p Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b.
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3hat the accused commits any of the following acts: uttering fictitious wireless, cable, telegraph, or telephone message, or falsifying wireless, cable, telegraph, or telephone message
p p p Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b.
3hat the accused commits any of the following acts: uttering fictitious wireless, cable, telegraph, or telephone message, or falsifying wireless, cable, telegraph, or telephone message
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p p Requisites: a. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph of art. 173. b.
That the accused used such falsified dispatch.
c.
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.
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a. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of t e å ilippine gov¶t or any foreign gov¶t.
The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message
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b.
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By performing an act pertaining to any person in aut ority or public officer of t e å il gov¶t or foreign gov¶t under t e pretense of suc official position, and wit out being lawfully entitled to do so.
In usurpation of aut ority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public officer.
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b.
Public officer who issued a false certificate of merit of service, good conduct or similar circumstances
c.
Private individual who falsified a certificate under (1) and (2)
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The implement confiscated need not form a complete set
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Constructive possession is also punished
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In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority
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A public officer may also be an offender 3 e act performed wit out being lawfully entitled to do so must pertain: a. to the gov¶t b. to any person in authority c. to any public office
Foreign government adverted to in this article refers to public officers duly authorized to perform governmental duties in the Philippines. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. If the offender commits the acts of usurpation as contemplated herein, and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition, he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. The elements of false pretense is necessary to commit the crime of usurpation function.
of official
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The name of a person is what appears in his birth certificate. The name of a person refers to his first name, surname, and maternal name. Any other name which a person publicly applies to himself without authority of law is a fictitious name. R p p p pp @ p pp p p What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. His only motive in doing so is to conceal his identity. In concealment of true name, the deception is done momentarily, just enough to conceal the name of the offender. In the use of fictitious name, the offender presents himself before the public with another name. A person under investigation by the police who gives a false name and false personal circumstances, upon being interrogated, is guilty of this crime.
c ' Element of publicity must be present
' Publicity not necessary
Purpose is to conceal a crime, to evade Purpose is to conceal identity the execution of a judgement, or to cause damage ¦ $ ¦ No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court. º ception: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally accepted practice. ¦ ( ¦ c c ¦ R
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The wearing of a uniform, or insignia of a non-existing office or establishment is not a crime. It is necessary that the uniform or insignia represents an office which carries authority, respect, dignity, or influence which the public looks up to. So also, an exact imitation of a uniform or dress is unnecessary; a colorable resemblance calculated to deceive the common run of people is sufficient. The wearing of insignia, badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. 493. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films, the crime is not committed. 1. 2. 3.
False testimony in criminal cases under Article 180 and 181; False testimony in civil case under Article 182; False testimony in other cases under Article 183.
c It is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth. | 1. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. 2. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony, no crime is committed. ¦ ' c¦ ¦¦¦c¦ R p 3 p pp 3 p p p pp p 3 p p p p 3 p ppp p p p p prescriptive period starts at this point R equires criminal intent, can¶t be committed through negligence. Need not impute guilt upon the accused R
The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted
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The witness who gave false testimony is liable even if the court did not consider his testimony
The probative value of the testimonial evidence is subject to the rules of evidence. It may not be considered at all by the judge. But whether the testimony is credible or not or whether it is
appreciated or not in the context that the false witness wanted it to be, the crime of false testimony is still committed, since it is punished not because of the effect it produces, but because of its tendency to favor the accused. R Penalty is dependent upon sentence imposed on the defendant ¦ ' c¦ c¦ cc¦
2. ^tatement or testimony is required by law. 3. Amount involved is not material.
2. Testimony need not be required by law. 3. Amount involved in civil cases is material. 4. It is always material in criminal cases.
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False testimony by negative statement is in favor of the defendant
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False testimony need not in fact benefit the defendant
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A statement of a mere opinion is not punishable
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Conviction or acquittal is not necessary (final judgement is not necessary). testimony need not influence the acquittal
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A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable.
The false
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@ ways of committing perjury: a. by falsely testifying under oath b. by making a false statement
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^ubornation of perjury: procures another to swear falsely.
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^olemn affirmation: refers to non-judicial proceedings and affidavits
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A false affidavit to a criminal complaint may give rise to perjury
Basis of penalty: gravity of the felony charged against the defendant
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c ! 1. Given in a judicial proceeding.
4. immaterial whether statement or testimony is favorable or not to the accused.
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å 1. Non-judicial proceedings.
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Two contradictory sworn statements are not sufficient to convict the affiant for the crime of perjury. There must be evidence to show which is false. The same must be established or proved from sources other than the two contradictory statements. p pO @ R
The test of materiality is whether a false statement can influence the court p R
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Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
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Basis of penalty: amount involved in the civil case
Distinctions between perjury and false testimony:
A matter is material when it is directed to prove a fact in issue
A Úcompetent person aut orized to administer an oat means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction
There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath pp
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There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate
Because of the nature of perjury, which is the willful and corrupt assertion of a falsehood, there is no perjury committed through reckless imprudence or simple negligence under Article 365. ^ince admittedly perjury can only be committed by means of dolo, then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. R
Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient
If there is no requirement of law to place the statement or testimony under oath, there is no Perjury considering the phrases ³oath in cases in which the law so requires´ in Article 183. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect oneƞs interest on real property; or an affidavit of good moral character to take the bar examination. ^o if the affidavit was made but the same is not required by law, even if the allegations are false, the crime of perjury is not committed. p ¦Xë R
Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings
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False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered
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A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury.
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The false testimony is not in a judicial proceeding
c å" When one testifies falsely before the court, the crime committed is false testimony. If one testifies falsely in a non-judicial proceeding, the crime committed is perjury. In false testimony, it is not required that the offender asserts a falsehood on a material matter. It is enough that he testifies falsely with deliberate intent. In perjury, the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. Material matter means the main fact which is the subject or object of the inquiry.
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