TITLE IV - The Great Seal shall be and remain in

the custody of the President of the

CRIMES AGAINST PUBLIC INTEREST
Philippines
FORGERIES AND COUNTERFEITS
When a state document containing the
They are: signature of the president is forged, will the
1. Forging the seal of the Government, signature or forger be liable for falsification of public
stamp of the Chief Executive. (Art. 161)
2. Counterfeiting coins. (Art. 163) document?
3. Mutilation of coins. (Art. 164)
4. Forging treasury or bank notes or other documents - It is not called falsification. Art. 161
payable to bearer. supplied the specific provision to
(Art. 166) govern the case. The name of the crime
5. Counterfeiting instruments not payable to bearer. (Art.
167) is forging the signature of the Chief
6. Falsification of legislative documents. (Art. 170) Executive.
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, telegraph and Art. 162. Using forged signature or counterfeit
telephone messages. seal or stamp. — The penalty of prision mayor 2

(Art. 173) shall be imposed upon any person who shall

10. Falsification of medical certificates, certificates of
knowingly make use of the counterfeit seal or
merit or service.
(Art. 174) forged signature or stamp mentioned in the
preceding article.

Elements:
Art. 161. Counterfeiting the great seal of the
1. That the Great Seal of the Republic was
Government of the Philippine Islands, forging
the signature or stamp of the Chief Executive. counterfeited or the signature or stamp of the
— The penalty of reclusion temporal shall be 1
Chief Executive was forged by another person.
imposed upon any person who shall forge the 2. That the offender knew of the counterfeiting
Great Seal of the Government of the or forgery.
Philippine Islands or the signature or stamp 3. That he used the counterfeit seal or forged
of the Chief Executive. signature or stamp.

Art. 162. Using forged signature or counterfeit

Art. 161 Counterfeiting the great seal of
seal or stamps.
government of the Philippine Island, forging
the signature of the Chief Executive When the offender in this article is the forger,
What are the acts of forgeries under Art. 161 is her liable under this article?
- No. The offender should not be the one
1. Forging the Great Seal of the who forged the great seal or signature
Government of the Philippines. of the Chief Executive. Otherwise, he
2. Forging the signature of the will be penalized under Art. 161.
President.
3. Forging the stamp of the President.

Who has custody and use of the great seal?

 SECTION TWO – COUNTERFEITING COINS When is a coin false or counterfeit?
- A coin is false or counterfeited, if it is
They are:
forged or if it is not authorized by the
1. Making and importing and uttering false coins (Art. 163 Government as legal tender, regardless
2. Mutilation of coins — importation and utterance of of its intrinsic value.
mutilated coins (Art. 164); and
Define “import” and “utter”.
3. Selling of false or mutilated coin, without connivance. - To import fake coins means to bring
'Art. 165) them into port. The importation is
complete before entry at the Customs
Art. 163. Making and importing and uttering House. (U.S. vs. Lyman, 26 Fed. Cas.
false coins. — Any person who makes, 1024)
imports, or utters false coins, in connivance - To utter is to pass counterfeited coins.
with counterfeiters or importers, shall suffer: It includes their delivery or the act of
1. Prision mayor in its minimum and giving them away.
medium periods' and a fine not to exceed
- A counterfeited coin is uttered when it
10,000 pesos, if the counterfeited coin be
silver coin of the Philippines or coin of the is paid, when the offender is caught
Central Bank of the Philippines of ten- counting the counterfeited coins
centavo denomination or above. preparatory to the act of delivering
2. Prision correccional in its minimum them, even though the utterer may not
and medium periods4 and a fine not to exceed obtain the gain he intended. (Decisions
2,000pesos if the counterfeited coins be any of of the Supreme Court of Spain of Jan.
the minor coinage of the Philippines or of the
Central Bank of the Philippines below ten- 11, 1913; Jan. 4, 1893; Nov. 12, 1888;
centavo denomination. and Dec. 24, 1885) Hence, damage to
3. Prision correccional in its minimum another is not necessary.
period5 and a fine not to exceed 1,000 pesos,
if the counterfeited coin be currency of a When former coins which had been withdrawn
foreign country. (As amended by Rep. Act No. from circulation are counterfeited, will one be
4202, approved on June 19, 1965) liable under art. 164?
- Thus, a goldsmith accused of
Elements: counterfeiting for making five-dollar,
1. That there be false or counterfeited coins. ten dollar, and twenty-dollar U.S. gold
2. That the offender either made, imported or coins which had been withdrawn from
uttered such coins. circulation under the Gold Reserve Act
3. That in case of uttering such false or of 1934, is liable under paragraph 3 of
counterfeited coins, he connived Article 163 of this Code.
with the counterfeiters or importers.
- Reason for punishing the fabrication of
a coin withdrawn from circulation is not
Art. 163. Making and importing false coins.
alone the harm that may be caused to
Define “coin” the public in case it goes into circulation
- Coin is a piece of metal stamped with again, but the possibility that the
certain marks and made current at a counterfeiter may later apply his trade
certain value. (Bouvier's Law Dictionary, to the making of coins in actual
519) circulation
Art. 164. Mutilation of coins — Importation preparatory to the act of delivering
and utterance of mutilated coins. — The them, even though the utterer may not
penalty ofprision correccional in its minimum obtain the gain he intended.
period6 and a fine not to exceed 2,000 pesos
shall be imposed upon any person who shall Counterfeiting of coin v. Mutilating of coins
mutilate coins of the legal currency of the
(United States or of the) Philippine Islands or - CofCoin may be of legal tender or old
import or utter mutilated current coins, in coin, act of imitating; MofCoin must be
connivance with the mutilator or importer. legal tender, act of scratching the metal
content.

Art. 164. Mutilation of coins – importation and Art. 165. Selling of false or mutilated coin,
utterance of mutilated coins. without connivance. — Any person who
knowingly, although without the connivance
What are the acts punished under art. 164? mentioned in the preceding articles, shall
1. Mutilating coins of the legal possess false or mutilated coin with intent to
currency, with the further utter the same, or shall actually utter such
requirement that there be intent to coin, shall suffer a penalty lower by one
degree than that prescribed in said articles.
damage or to defraud another.
2. Importing or uttering such
mutilated coins, with the further Art. 165. Selling of false and mutilated coin
requirement that there must be without connivance.
connivance with the mutilator or
importer in case of uttering. What are the acts punished under this article?
1. Possession of coin, counterfeited or
Distinguish counterfeit coin from mutilated mutilated by another person, with
coin. intent to utter the same, knowing that it
is false or mutilated.
- CofCoin may be of legal tender or old Elements:
coin, imitated; MofCoin must be legal a. Possession (includes constructive
tender, scratched of its metal content. possession);
b. With intent to utter; and
Define mutilation and utterance. c. Knowledge that such coin is
mutilated.
- "Mutilation" means to take off part of
the metal either by filing it or NOTE: Possession of or uttering false coin does
substituting it for another metal of not require that the counterfeiting coin is legal
inferior quality. Mutilation is to tender. The possessor should not be the
diminish by ingenuous means the metal counterfeiter, mutilator, or importer of the
in the coin. coins.
- To utter is to pass counterfeited coins.
It includes their delivery or the act of 2. Actually uttering such false or mutilated
giving them away. coin, knowing the same to be false or
- A counterfeited coin is uttered when it mutilated.
Elements:
is paid, when the offender is caught
a. Actually uttering a false or mutilated
counting the counterfeited coins
coin; and
 b. Knowledge that such coin is false or fractional notes, certificates of deposit, bills,
mutilated. checks, or drafts for money, drawn by or upon
authorized officers of the (United States or of
Note: The offense punished under this article is the) Philippine Islands, and other
the mere holding of the false or mutilated coin representatives of value, of whatever
with intent to utter. denomination, which have been or may be
issued under any Act of the Congress of the
(United States or the) Philippine Legislature.
What is constructive possession?
2. By prision mayor in its maximum
- The possession prohibited in Article 165
period and a fine not to exceed 5,000 pesos, if
8

of the Revised Penal Code is possession the falsified or altered document is a

in general, that is, not only actual, circulating note issued by any banking
physical possession, but also association duly authorized by law to issue the
constructive possession or the same.
subjection of the thing to one's control 3. By prision mayor in its medium
(in pari materia: People vs. Umali, [CA] period and a fine not to exceed 5,000 pesos, if
9

the falsified or counterfeited document was

46 O.G. 2648 issued by a foreign government.
Is constructive possession covered by this 4. By prision mayor in its minimum
article? period and a fine not to exceed 2,000 pesos,
10

when the forged or altered document is a

- Yes.
circulating note or bill issued by a foreign bank
duly authorized therefor.
In possession of or uttering false coins, is it
required that the counterfeit coin be a legal Art. 166. Forging treasury or bank notes or
tender?
other documents payable to bearer; importing
- No. Possession of or uttering false coin and uttering such false or forged notes and
does not require that the counterfeiting
documents.
coin is legal tender.
What are the three acts penalized under art.
Art. 166. Forging treasury or bank notes or
166?
other documents payable to bearer; importing,
1. Forging or falsification of treasury or
and uttering such false or forged notes and
documents. — The forging or falsification of bank notes or other documents payable
treasury or bank notes or certificates or other to bearer.
obligations and securities payable to bearer
and the importation and uttering in 2. Importation of such false or forged
connivance with forgers or importers of such obligations or notes.
false or forged obligations or notes, shall be
3. Uttering of such false or forged obligations or
punished as follows:
1. By reclusion temporal in its notes in connivance with the forgers or
minimum period and a fine not to exceed
7
importers.
10,000 pesos, if the document which has been
falsified, counterfeited, or altered is an
obligation or security of the (United States or How are forging and falsification committed?
of the) Philippine Islands. The words - Forging is committed by giving to a
"obligation or security of the (United States treasury or bank note or any instrument
or of the) Philippine Islands" shall be held to payable to bearer or to order the
mean all bonds, certificates of indebtedness, appearance of a true and genuine
national bank notes, coupons, (United States document; and
or) Philippine Islands notes, treasury notes,
 - Falsification is committed by erasing, 0) drafts for money,
substituting, counterfeiting, or altering
(k) and other representatives of value
by any means, the figures, letters,
issued under any Act of Congress.
words, or signs contained therein. (Art.
169) - PNB Checks are commercial
- To forge an instrument is to make false documents not covered by Art. 166
instrument intended to be passed for
the genuine one. Art. 167. Counterfeiting, importing, and
uttering instruments not payable to bearer. —
Any person who shall forge, import, or utter,
What is the meaning of “importation” under in connivance with the forgers or importers,
this article? any instrument payable to order or other
- Importation of false or forged document of credit not payable to bearer,
shall suffer the penalties of prision
obligations or notes means to bring
correccional in its medium and maximum
them into the Philippines, Periods and a fine not exceeding 6,000 pesos.
- Presupposes that the obligations or
notes are forged or falsified in a foreign Elements:
country.
1. That there be an instrument payable
to order or other document of credit
What are the notes and other obligations and not payable to bearer.
securities that can be forged or falsified under
Art. 166? 2. That the offender either forged,
1. Treasury or bank notes, imported or uttered such instrument.

2. Certificates, and 3. That in case of uttering, he connived

with the forger or importer.
3. Other obligations and securities,
payable to bearer (negotiated by mere Art. 167. Counterfeiting, importing and
delivery). uttering instruments not payable to bearer.

What is the meaning of “obligation or security” Does this article cover instruments or other
of the Philippines? documents of credit issued by a foreign
(a) bonds, government or bank?
- It is believed that it includes such
(b) certificates of indebtedness,
instruments or documents of credit,
(c) national bank notes, because the act punished includes that
of importing, without specifying the
(d) coupons,
country or government issuing them
(e) treasury notes,
Is connivance between the forger and utterer a
(f) fractional notes, requisite for liability under art. 167?
- In case of uttering, connivance with the
(g) certificates of deposits, forger or importer is a requisite for
liability.
(h) bills,
- The utterer should not be the forger. If
(i) checks, the utterer was the one who forged the
instrument payable to order, obviously
 connivance is not required, for he can Art. 169. How forgery is committed. — The
be held liable as a forger of the forgery referred to in this section may be
instrument. (People vs. Orqueza, 14 committed by any of the following means:
1. By giving to a treasury or bank
C.A. Rep. 730)
note or any instrument payable to bearer or
to order mentioned therein, the appearance of
Art. 168. Illegal possession and use of false a true and genuine document.
treasury or bank notes and other instruments 2. By erasing, substituting,
of credit. — Unless the act be one of those counterfeiting, or altering by any means the
coming under the provisions of any of the figures, letters, words, or sign contained
preceding articles, any person who shall therein.
knowingly use or have in his possession, with
intent to use any of the false or falsified
instruments referred to in this section, shall Art. 169. How forgery is committed.
suffer the penalty next lower in degree than - Forgery includes falsification and
that prescribed in said articles. counterfeiting
When is forgery not subject to prosecution?
Elements: - The subject of forgery should be
treasury or bank notes. If the subject of
1. That any treasury or bank note or forgery were a document other than
certificate or other obligation and these, the crime would be falsification
security payable to bearer, or any (Boado, 2008).
instrument payable to order or other
document of credit not payable to
bearer is forged or falsified by another FALSIFICATION.
person.

2. That the offender knows that any of Art. 170. Falsification of legislative
those instruments is forged or falsified. documents. — The penalty of prision
correccional in its maximum period' and a
3. That he performs any of these acts — fine not exceeding 6,000 pesos shall be
imposed upon any person who, without
a. using any of such forged or proper authority therefor, alters any bill,
falsified instruments; or resolution, or ordinance enacted or approved
or pending approval by either House of the
b. possessing with intent to use Legislature or any provincial board or
any of such forged or falsified municipal council.
instruments.

Art. 170. Falsification of legislative documents.

Art. 168. Illegal possession and use of false - Offender is any person
treasury or bank notes and other instruments - Limited to altering
of credit.
- Intent to possess is not intent to use Distinguish forgery from falsification.
- Possession must be with intent to use. - Forgery is committed by giving to a
- Possession of counterfeit U.S. $20 bills treasury or bank note or any instrument
is punished under Art. 168.
payable to the bearer or to order the
appearance of true and genuine
document.
 - Falsification is committed by erasing, - The offender takes advantage of his
substituting, counterfeiting, or altering official position in falsifying a document
by any means, the figures, letters, when (1) he has the duty to make or to
words, or signs contained therein. prepare or otherwise to intervene in the
preparation of the document; or (2) he
has the official custody of the document
Art. 171. Falsification by public officer, which he falsifies. (See People vs.
employee or notary or ecclesiastical minister. Santiago Uy, 53 O.G. 7236, and U.S. vs.
— The penalty of prision mayor and a fine not Inosanto, 20 Phil. 376)
to exceed 5,000 pesos shall be imposed upon - A document is any written statement by
any public officer, employee, or notary who,
which a right is established or an
taking advantage of his official position, shall
falsify a document by committing any of the obligation extinguished. (People vs.
following acts: Moreno, C.A., 38 O.G. 119)
1. Counterfeiting or imitating any
handwriting, signature, or rubric;
2. Causing it to appear that persons Art. 172. Falsification by private individuals
have participated in any act or proceeding and use of falsified documents. — The penalty
when they did not in fact so participate; of prision correccionalin its medium and
3. Attributing to persons who have maximum periods and a fine of not more than
participated in an act or proceeding 5,000 pesos shall be imposed upon:
statements other than those in fact made by 1. Any private individual who shall
them; commit any of the falsifications enumerated
4. Making untruthful statements in a in the next preceding article in any public or
narration of facts; official document or letter of exchange or any
5. Altering true dates; other kind of commercial document; and
6. Making any alteration or 2. Any person who, to the damage of a
intercalation in a genuine document which third party, or with the intent to cause such
changes its meaning; damage, shall in any private document
7. Issuing in an authenticated form a commit any of the acts of falsification
document purporting to be a copy of an enumerated in the next preceding article.
original document when no such original Any person who shall knowingly
exists, or including in such copy a statement introduce in evidence in any judicial
contrary to, or different from, that of the proceeding or to the damage of another or
genuine original; or who, with the intent to cause such damage,
8. Intercalating any instrument or shall use any of the false documents embraced
note relative to the issuance thereof in a in the next preceding article or in any of the
protocol, registry, or official book. foregoing subdivisions of this article, shall be
punished by the penalty next lower in degree.
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any Elements of falsification of public, official, or
of the offenses enumerated in the preceding commercial document by a private individual:
paragraphs of this article, with respect to any
record or document of such character that its 1. That the offender is a private
falsification may affect the civil status of individual or a public officer or
persons. employee who did not take advantage
of his official position.
Art. 171. Falsification by public officer,
employee or notary public or ecclesiastical 2. That he committed any of the acts of
minister. falsification enumerated in Art. 171.
 3. That the falsification was committed and the forged, bear some resemblance
in a public or official or commercial to each other. (U.S. vs. Rampas, 26 Phil.
document. 189)

Art. 172. Falsification by private individuals What is feigning?

and use of falsified documents. - The Spanish text of Art. 171 "fingiendo"
(for imitation). In feigning, there is no
What is penalized in falsification of public original signature, handwriting or
documents? rubric, but a forgery of a signature,
1. Falsification of public, official or handwriting or rubric that does not
commercial document by a private exist.
individual. (Paragraph No. 1) - To feign means to represent by a false
2. Falsification of private document by appearance; to give a mental existence
any person. (Paragraph No. 2) to; to imagine.

3. Use of falsified document. (Last

paragraph) If a person used a falsified document what
should be the proper charge against him?
- The crime punished in the last
What is a document? paragraph of Art. 172 of the Revised
- A document is any written statement by Penal Code may be a lesser offense, but
which a right is established or an it certainly cannot be deemed
obligation extinguished. (People vs. necessarily included in the crime of
Moreno, C.A., 38 O.G. 119) falsification of a public document by a
public officer or employee or by a
Must there be a genuine document in private person. (People vs. Mendoza, 93
falsification? Phil. 581)
- In falsification by (1) making alteration - The user of the falsified document is
or intercalation, or (2) including in a deemed the author of the falsification, if
copy a different statement, there must (1) the use was so closely connected in
be a genuine document that is falsified. time with the falsification, and (2) the
Thus, in paragraphs 6, 7, in its second user had the capacity of falsifying the
part, and 8 of Art. 171, the law requires document.
that there be a genuine document - Thus, in a case where the blank form,
where the intercalation or alteration is wherein the falsified check was written,
made changing its meaning. was stolen from a book of blank checks
between 12 noon on December 1, 1903,
What are the requisites of counterfeiting and 11 a.m. of the following day, when
under par. 1 of art. 171? the check was presented by the accused
- Imitation of another's signature need for payment, and the accused, who was
not be perfect. It is necessary only (1) a clerk in the office of the person by
that there be an intent to imitate, or an whom the check was purported to be
attempt to imitate, and (2) that the two drawn, was alone in the office on the
signatures or handwritings, the genuine evening of December 1, it was held that
as the uttering of the check was so
 closely connected in time with the was used with intent to cause such
forging, the accused should be damage.
considered the forger thereof. He was
guilty of falsification of commercial
In what instance will falsification not bring
document, not merely of using a
about criminal liability?
falsified document. (U.S. vs. Castillo, 6
Phil. 453) -

What are the four kinds of documents?

What is the essence of the crime of (1) Public document — a document
falsification? created, executed or issued by a public
- Erasing, substituting, counterfeiting, or official in response to the exigencies of
altering by any means, the figures, the public service, or in the execution of
letters, words, or signs contained which a public official intervened. (U.S.
therein.
vs. Asensi, 34 Phil. 765) Public
document is any instrument authorized
What are the elements of use of falsified
by a notary public or a competent
documents under art. 172?
public official, with the solemnities
Elements of use of falsified document: required by law. (Cacnio, et al. vs.
Baens, 5 Phil. 742)
Introducing in a judicial proceeding — (2) Official document — a document which
1. That the offender knew that a is issued by a public official in the
document was falsified by another exercise of the functions of his office. An
person. official document is also a public
document. It falls within the larger class
2. That the false document is embraced called public documents. (U.S. vs.
in Art. 171 or in any subdivisions No. l o Asensi, supra) A document required by
r 2 of Art. 172. a bureau to be filled by its officers for
purposes of its record and information is
3. That he introduced said document in
an official document. (People vs. Uy,
evidence in any judicial proceeding.
101 Phil. 159)
Use in any other transaction — (3) Private document - a deed or
instrument executed by a private
1. That the offender knew that a
person without the intervention of a
document was falsified by another
notary public or other person legally
person.
authorized, by which document some
2. That the false document is embraced disposition or agreement is proved,
in Art. 171 or in any of subdivision No. 1 evidenced or set forth. (U.S. vs. Orera,
or 2 of Art. 172. 11 Phil. 596)
(4) Commercial document — any
3. That he used such document (not document defined and regulated by the
injudicial proceedings). Code of Commerce (People vs. Co Beng,
4. That the use of the false document C.A., 40 O.G. 1913) or any other
caused damage to another or at least it commercial law. Commercial
documents are documents or
 instruments used by merchants or What is the presumption on the possession
businessmen to promote or facilitate and use of falsified documents?
trade. (People vs. Lizares, C.A., 65 O.G. - The possessor of falsified document is
7174, citing 2 Viada Codigo Penal, 419- presumed to be the author of the
420) falsification.

In falsification by making untruthful

What is the effect when the document falsified statements in a narration of facts, what
is (a) a private document and (b) a public requisites must concur?
document? 1. That the offender makes in a document
- The essential difference between statements in a narration of facts;
falsification of private documents and 2. That he has a legal obligation to
that of public or official documents lies disclose the truth of the facts narrated
in the fact that while by him;
- in the former, the prejudice to a third 3. That the facts narrated by the offender
party is primarily taken into account so are absolutely false; and
that if such damage is not apparent, or 4. That the perversion of truth in the
there is at least no intention to cause it, narration of facts was made with the
the falsification is not punishable; wrongful intent of injuring a third
- In the latter, that is, in the falsification person.
of public or official documents, the
principal thing punished is the violation
What is the presumption when a document is a
of public faith and the perversion of
public document?
truth which the document solemnly
- It is an instrument authorized by a
proclaims, and for this reason it is notary public or a competent public
immaterial whether or not some official, with the solemnities required by
prejudice has been caused to third law.
persons. (See People vs. Pacana, 47 Phil. In falsification under par. 2 of art. 171, should
48.) the document be an authentic official paper?
- In falsification of a public document, the
falsification need not be made on an
In falsification of private documents what will official form. It is sufficient that the
determine whether the crime committed is document is given the appearance of,
estafa or falsification? or made to appear similar to, the official
- There is no complex crime of estafa form.
through falsification of a private - In falsification by (1) making alteration
document. Hence, when one makes use or intercalation, or (2) including in a
of a private document, which he copy a different statement, there must
falsified, to defraud another, there be a genuine document that is falsified.
results only one crime: that of
falsification of a private document.
Is good faith a defense in falsification?
- It is a defense if a private individual
falsified a public document.
 SECTION FIVE. — FALSIFICATION OF MEDICAL
Art. 173. Falsification of wireless, cable, CERTIFICATES, CERTIFICATES
telegraph, and telephone messages, and use of OF MERIT OR ERVICE, AND THE LIKE
said falsified messages. — The penalty of
prision correccional in its medium and
maximum periods" shall be imposed upon
any officer or employee of the Government or Art 174 False medical certificates, false
of any private corporation or concern engaged certificates of merit or service, etc. — The
in the service of sending or receiving wireless, penalties of arresto mayor in its maximum
cable, telegraph, or telephone messages who period to prision correccional in its minimum
utters a fictitious wireless, telegraph, or period and a fine not to exceed 1,000 pesos
telephone message of any system or falsifies shall be imposed upon:
the same. 1. Any physician or surgeon who, in
Any person who shall use such connection with the practice of his profession,
falsified dispatch to the prejudice of a third shall issue a false certificate; and
party or with the intent to cause such 2. Any public officer who shall issue a
prejudice, shall suffer the penalty next lower false certificate of merit or service, good
in degree. conduct, or similar circumstances.
The penalty of arresto mayor shall be
imposed upon any private person who shall
Art. 173. Falsification of wireless, cable, falsify a certificate falling within the classes
mentioned in the two preceding subdivisions.
telegraph and telephone messages and use of
said falsified messages.
Art. 174. False medical certificates, false
certificate of merit or service and the like.
What are the three acts punished under art.
- Falsification of cert. of large cattle is
173?
now covered by Art. 174.
1. uttering fictitious wireless, telegraph
or telephone message. Certificate, defined.
2. Falsifying wireless, telegraph or - A certificate is any writing by which
telephone message. testimony is given that a fact has or has
not taken place. (Bouvier's Law
3. Using such falsified message. Dictionary, p. 442)
Can a private individual be a principal by direct Who are the persons liable for falsification of
participation in falsification of telegraphic certificates?
dispatches? 1. Physician or surgeon who, in connection with
- A private individual cannot commit the the practice of his profession, issued a false
crime of falsification of telegraphic certificate. (It must refer to the illness or injury
dispatches by direct participation, of a person)
unless he is an employee of a
corporation engaged in the business of Note: The crime is False Medical
sending or receiving wireless, telegraph Certificate by a physician.
or telephone messages. 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 the instruments or implements mentioned in
falling in the classes mentioned in Nos. 1 and 2. the preceding paragraph, shall suffer the
penalty next lower in degree than that
20

Note: The crime is False Medical provided therein.

Certificate by a private individual or
False Certificate of Merit or Service by a Art. 176. Manufacturing and possession of
private individual. instruments or implements for falsification.
- Implement confiscated need not form
Art. 175. Using false certificates. — The complete set.
penalty of arresto menor shall be imposed - Also punishes constructive possession.
upon any one who shall knowingly use any of What are the acts punished under art. 176?
the false certificates mentioned in the next Is constructive possession punishable under
preceding article. this article?
Elements: 1. Making or introducing into the
1. That a physician or surgeon had Philippines any stamps, dies, marks,
issued a false medical certificate, or a or other instruments or implements
public officer had issued a false for counterfeiting or falsification.
certificate of merit or service, good 2. Possessing with intent to use the
conduct, or similar circumstances, or a instruments or implements for
private person had falsified any of said counterfeiting or falsification made
certificates. in or introduced into the Philippines
by another person.
2. That the offender knew that the
certificate was false.

3. That he used the same. OTHER FALSITIES.

Art. 175. Using false certificates.
SECTION ONE. — USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF NAMES,
UNIFORMS, AND INSIGNIA
SECTION SIX. — MANUFACTURING,
IMPORTING, AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS INTENDED
Art. 177. Usurpation of authority or official
FOR THE COMMISSION OF FALSIFICATION
functions. — Any person who shall knowingly
and falsely represent himself to be an officer,
Art. 176. Manufacturing and possession of agent, or representative of any department or
instruments or implements for falsification. — agency of the Philippine Government or of
The penalty of prision correccional in its any foreign government, or who, under
medium and maximum periods and a fine not pretense of official position, shall perform any
to exceed 10,000 pesos shall be imposed upon act pertaining to any person in authority or
any person who shall make or introduce into public officer of the Philippine Government
the Philippine Islands any stamps, dies, marks, or of any foreign government, or any agency
or other instruments or implements intended thereof, without being lawfully entitled to do
to be used in the commission of the offenses of so, shall suffer the penalty of prision
counterfeiting or falsification mentioned in correccional in its minimum and medium
the preceding sections of this chapter. periods. (As amended by Rep. Act No. 379)
1
Any person who, with the intention of
using them, shall have in his possession any of
Art. 177. Usurpation of authority or official 2. That he uses that fictitious name publicly.
functions.
3. That the purpose of the offender is —
What are the forms of usurpation in art. 177? a. to conceal a crime;
1. By knowingly and falsely representing oneself
to be an officer, agent or representative of any b. to evade the execution of a
department or agency of the Philippine judgment; or
Government or any foreign government.
c. to cause damage to public interest.
Note that in usurpation of authority,
the mere act of knowingly and falsely
Art. 178. Using fictitious name and concealing
representing oneself to be an officer, etc. is true name.
sufficient. It is not necessary that he performs - Damage must be to public interest.
an act pertaining to a public officer.
Distinction between use of fictitious name and
2. By performing any act pertaining to any
concealing true name.
person in authority or public officer of the
Philippine Government or of a foreign (a) In use of fictitious name, the
government or any agency thereof, under element of publicity must be present; in
pretense of official position, and without being concealing true name and other
lawfully entitled to do so. personal circumstances, that element is
not necessary.
Note that in usurpation of official
functions, it is essential that the offender should (b) The purpose in use of fictitious name
have performed an act pertaining to a person in is any of those three enumerated (to
authority or public officer, in addition to other conceal a crime, to evade the execution
requirements. of a judgment, or to cause damage); in
concealing true name it is merely to
- Positive, express and explicit
conceal identity.
representation.
- May be violated by a public officer. What is fictitious name?
- Any other name which a person publicly
applies to himself without authority of
Art. 178. Using fictitious name and concealing law is a fictitious name. (U.S. vs. To Lee
true name. — The penalty of arresto mayor Piu, 35 Phil. 4)
and a fine not to exceed 500pesos shall be
imposed upon any person who shall publicly
use a fictitious name for the purpose of Will the use of another name in a particular
concealing a crime, evading the execution of a instance constitute use of an alias?
judgment, or causing damage. - Com. Act No. 142, regulating the use of
Any person who conceals his true aliases was amended by Rep. Act No.'
name and other personal circumstances shall 6085,
be punished by arresto menor
- Aside from the name "Ong Hick Lian,"
Elements (using fictitious name): appellee is using the alias "Julian Ong."
There is no evidence that appellee has
1. That the offender uses a name other than his been baptized with the later name or
real name. that he has been known by it since
 childhood, or that the court has SECTION TWO. — FALSE TESTIMONY
authorized the use thereof. Appellee
1. False testimony in criminal cases. (Arts. 180 and 181)
has, therefore, committed a violation of 2. False testimony in civil cases. (Art. 182)
the Anti-Alias Law. (Hock Lian vs. 3. False testimony in other cases. (Art. 183)
Republic, 17 SCRA 188)
Nature of the crime of false testimony.
- Falsehood is ever reprehensible; but it
Art. 179. Illegal use of uniforms or insignia.
is particularly odious when committed
— The penalty of arresto mayor shall be
imposed upon any person who shall publicly in judicial proceedings, as it constitutes
and improperly make use of insignia, an imposition upon the court and
uniforms, or dress pertaining to an office not seriously exposes it to a miscarriage of
held by such person or to class of persons of justice. (People vs. Reyes, C.A., 48 O.G.
which he is not a member. 1837)

Elements:
Art. 180. False testimony against a defendant.
1. That the offender makes use of — Any person who shall give false testimony
insignia, uniform or dress. against the defendant in any criminal case
shall suffer:
2. That the insignia, uniform or dress 1. The penalty of reclusion temporal,*
pertains to an office not held by the if the defendant in said case shall have been
offender or to a class of persons of sentenced to death;
which he is not a member. 2. The penalty of prision mayor, if the
defendant shall have been sentenced to
3. That said insignia, uniform or dress is reclusion temporal or perpetua;
used publicly and improperly. 3. The penalty of prision
correccional," if the defendant hall have been
sentenced to any other afflictive penalty; and
Art. 179. Illegal use of uniform and insignia. 4. The penalty of arresto mayor, if the 1

- Hence, if the insignia, uniform or dress defendant shall have been sentenced to a
pertains to an office which does not correctional penalty or a fine, or shall have
originally exist, this provision is not been acquitted.
In cases provided in subdivisions 3
violated.
and 4 of this article the offender shall further
Is exact imitation of a uniform or dress suffer a fine not to exceed 1,000 pesos.
necessary for one to be liable under art. 179?
- No. illegal use of uniforms and insignia, Elements:
an exact imitation of a uniform is 1. That there be a criminal proceeding.
unnecessary. A colorable resemblance
calculated to deceive the common run 2. That the offender testifies falsely
of people — not those thoroughly under oath against the defendant
familiar with every detail or accessory therein.
thereof — is sufficient. (People vs. 3. That the offender who gives false
Romero, C.A., 58 O.G. 4402) testimony knows that it is false.

4. That the defendant against whom the

false testimony is given is either
 acquitted or convicted in a final Elements
judgment. (People vs. Maneja, 72 Phil. 1. A person gives false testimony;
256) 2. In favor of the defendant; and
3. In a Criminal case.

Art. 180. False testimony against a defendant. NOTE: Conviction or acquittal of

defendant in principal case is not
What is false testimony?
necessary (Reyes, 2017).
- False testimony is committed by a
person who, being under oath and
Gravamen
required to testify as to the truth of a - Intent to favor the accused. False
certain matter at a hearing before a testimony in favor of a defendant need
competent authority, shall deny the not directly influence the decision of
truth or say something contrary to it acquittal and it need not benefit the
(Reyes, 2008). defendant. The intent to favor the
defendant is sufficient (People v. Reyes,
What is the nature of the crime of false C.A., 48 O.G. 1837).
testimony?
- Denial of truth or saying something The classification in determining whether the
contrary to it? testimony is in favor or against the accused is
significant in order to determine when the
If the witness testimony is not considered by prescriptive period begins to run:
the court, will he still be liable for false
testimony? 1. In Favor– right after the witness
- Yes. What is being considered here is testified falsely, the prescriptive period
the tendency of the testimony to commences to run because the basis of
establish or aggravate the guilt of the the penalty on the false witness is the
accused and not the result that the felony charged to the accused
testimony may produce. regardless of whether the accused was
acquitted or convicted or the trial has
Art. 181. False testimony favorable to the terminated.
defendant. — Any person who shall give false 2. Against – period will not begin to run
testimony in favor of the defendant in a
as long as the case has not been
criminal case, shall suffer the penalties of
decided with finality because the basis
arresto mayor in its maximum period to
prision correccional in its minimum period of the penalty on the false witness is
and a fine not to exceed 1,000 pesos, if the the sentence on the accused testified
prosecution is for a felony punishable by an against it. When the accused is
afflictive penalty, and the penalty of arresto acquitted, there is also a corresponding
mayor* in any other case. penalty on the false witness for his false
testimony (Boado, 2008).
Art. 181. False testimony favorable to a
defendant.
- False testimony is punished not because
of the effect it actually produces, but
because of its tendency to favor or to
prejudice the defendant. (Dec. Sup. Ct.
of Spain, Jan. 4, 1904)
Art. 182. False testimony in civil cases. — Any provisions of the next preceding articles, shall
person found guilty of false testimony in a testify under oath, or make an affidavit, upon
civil case shall suffer the penalty of prision any material matter before a competent
correccional in its minimum period and a
10 person authorized to administer an oath in
fine not to exceed 6,000 pesos, if the amount cases in which the law so requires.
in controversy shall exceed 5,000 pesos; and Any person who, in case of a solemn
the penalty of arresto mayor in its maximum affirmation made in lieu of an oath, shall
period to prision correccional in its minimum commit any of the falsehoods mentioned in
period and a fine not to exceed 1,000 pesos, if
11 this and the three preceding articles of this
the amount in controversy shall not exceed section, shall suffer the respective penalties
said amount or cannot be estimated. provided therein.

Elements:
1. That the testimony must be given in a civil Art. 183. False testimony in other cases and
case. perjury in solemn affirmation.
2. That the testimony must relate to the issues
presented in said case. What are the two ways of committing perjury?
3. That the testimony must be false. 1. By falsely testifying under oath; and
4. That the false testimony must be given by the
defendant knowing the same to be false. 2. By making a false affidavit.
5. That the testimony must be malicious and Note: Falsely testifying under oath
given with an intent to affect the issues should not be in a judicial proceeding.
presented in said case. (U.S. vs. Aragon, 5 Phil.
469) What are the elements of perjury?
1. That the accused made a statement
Art. 182. False testimony in civil cases. under oath or executed an affidavit
upon a material matter;
When the testimony is given in a special
proceeding, will the witness be liable for art. 2. That the statement or affidavit was made
182? before a competent officer, authorized to
- Art. 182 applies only to ordinary civil receive and administer oath;
cases, as contemplated in Section 1,
3. That in that statement or affidavit, the
Rule 2 of the Rules of Court, and does
accused made a willful and deliberate
not apply to special proceedings, such
assertion of a falsehood; and
as the summary settlement of estates of
small value, under Section 2 Rule 74, of 4. That the sworn statement or affidavit
the Rules of Court, which may fall under containing the falsity is required by law.
the category of "other cases" (People vs. Bautista, C.A., 40 O.G. 2491)
contemplated in Art. 183.

What is subornation of perjury?

- It is committed by a person who
Art. 183. False testimony in other cases and
knowingly and willfully procures
perjury in solemn affirmation. — The penalty
another to swear falsely and the
of arresto mayor in its maximum period to
prision correccional in its minimum witness suborned does testify under the
period shall be imposed upon any person circumstances rendering him guilty of
who, knowingly making untruthful perjury.
statements and not being included in the
 - Subornation of perjury is not expressly - The matter is "material" when it is
penalized in the RPC, directed to prove a fact in issue.
- but the person who induces another to (Wigmore on Evidence, p. 37)
commit a perjury may be punished - It is "relevant" when it tends in any
under Art. 183, in relation to Art. 17, as reasonable degree to establish the
a principal by inducement to the crime probability or improbability of a fact in
of perjury while the one induced is
issue. (1 Elliot on Evidence, p. 197)
liable as a principal by direct
- It is "pertinent" when it concerns
participation.
collateral matters which make more or
What is an oath? less probable the proposition at issue.
- Any form of attestation by which a (Words and Phrases, p. 468, No. 32)
person signifies that he is bound in Is good faith or lack malice a defense in
conscience to perform an act faithfully perjury?
and truthfully. It involves the idea of - Good faith or lack of malice is a defense
calling on God to witness what is in perjury. Mere assertion of falsehood
averred as truth, and it is supposed to is not enough to amount to perjury. The
be accompanied with an invocation of assertion must be deliberate and willful.
His vengeance, or a renunciation of His
favor, in the event of falsehood. (39 Are two contradictory sworn statements
Am. Jur., 494) sufficient to convict a person of perjury?
- No, the prosecution must prove which
of the two statements is false, and must
What is an affidavit? show that statement to be false by
- An affidavit is a sworn statement in other evidence than the contradictory
writing; a declaration in writing, made statement. (U.S. vs. Capistrano, 40 Phil.
upon oath before an authorized 902)
magistrate or officer.

What is meant by material matter? Art. 184. Offering false testimony in evidence.
- It is the main fact which is the subject — Any person who shall knowingly offer in
of the inquiry or any circumstance evidence a false witnessor testimony in any
which tends to prove that fact, or any judicial or official proceeding, shall be
fact or circumstance which tends to punished as guilty of false testimony and shall
suffer the respective penalties provided in this
corroborate or strengthen the
section.
testimony relative to the subject of
inquiry, or which legitimately affects the Elements of offering false testimony in
credit of any witness who testifies. (U.S. evidence:
vs. Estrana, 16 Phil. 520) 1. That the offender offered in evidence a false
witness or false testimony.
2. That he knew the witness or the testimony
was false.
3. That the offer was made in a judicial or
Distinguish “material”, “relevant” and official proceeding.
“pertinent”.
Art. 184. Offering false testimony in evidence. d. That the accused had the intent to cause the
Frauds. reduction of the price of the thing auctioned.
- article requires to consummate the
offense that the witness or the Art. 185. Machinations in public auctions.
testimony must be offered in evidence
What are the two acts punishable under art.
185?
Chapter Three 1. By soliciting any gift or promise as a
FRAUDS consideration for refraining from taking part in
any public auction.
What are the crimes classified as frauds?
1. Machinations in public auctions. (Art. 185) 2. By attempting to cause bidders to stay away
2. Monopolies and combinations in restraint of trade. (Art. from an auction by threats, gifts, promises or
186)
3. Importation and disposition of falsely marked articles or any other artifice.
merchandise made of gold, silver or other precious metals.
(Art. 187)
4. Substituting and altering trademarks and tradenames or
service marks. (Art. 188) What is the purpose of public auction?
5. Unfair competition, fraudulent registration of -
tradename, trademark, or service mark; fraudulent What is the test of unfair competition?
designation of origin and false description. (Art. 189)
-

SECTION ONE. — MACHINATIONS,

MONOPOLIES, AND COMBINATIONS Art. 186. Monopolies and combinations in
restraint of trade. — The penalty of prision
correccional in its minimum period or a fine
ranging from two hundred to six thousand
Art. 185. Machinations in public auctions. —
pesos, or both, shall be imposed upon:
Any person who shall solicit any gift or
1. Any person who shall enter into any
promise as a consideration for refraining
contract or agreement or shall take part in
from taking part in any public auction, and
any conspiracy or combination in the form of
any person who shall attempt to cause
a trust or otherwise, in restraint of trade or
bidders to stay away from an auction by
commerce or to prevent by artificial means
threats, gifts, promises, or any other artifice,
free competition in the market.
with intent to cause the reduction of the price
2. Any person who shall monopolize any
of the thing auctioned, shall suffer the penalty
merchandise or object of trade or commerce,
of prision correccional in its minimum period 1
or shall combine with any other person or
and a fine ranging from 10 to 50 per centum
persons to monopolize said merchandise or
of the value of the thing auctioned.
object in order to alter the price thereof by
Elements of soliciting gift or promise: spreading false rumors or making use of any
a. That there be a public auction. other artifice to restrain free competition in
the market.
b. That the accused solicited any gift or a 3. Any person who, being a manufacturer,
promise from any of the bidders. producer, or processor of any merchandise or
object of commerce or an importer of any
c. That such gift or promise was the merchandise or object of commerce from any
consideration for his refraining from taking part foreign country, either as principal or agent,
in that public auction. wholesaler or retailer, shall combine, conspire
or agree in any manner with any person
likewise engaged in the manufacture,
production, processing, assembling or (b) Monopoly to restrain free competition in the
importation of such merchandise or object of market.
commerce or with any other persons not so By monopolizing any merchandise or object
similarly engaged for the purpose of making of trade or commerce, or by combining with any
transactions prejudicial to lawful commerce, other person or persons to monopolize said
or of increasing the market price in any part merchandise or object in order to alter the
of the Philippines, of any such merchandise prices thereof by spreading false rumors or
or object of commerce manufactured,
making use of any other artifice to restrain free
produced, processed, assembled in or
competition in the market.
imported into the Philippines, or of any
article in the manufacture of which such (c) Manufacturer, producer, or processor or
manufactured, produced, processed, or importer combining, conspiring or agreeing
imported merchandise or object of commerce with any person to make transactions
is used. If the offense mentioned in this prejudicial to lawful commerce or to increase
Article affects any food substance, motor fuel the market price of merchandise.
or lubricants, or other articles of prime The person liable is the: (1)
necessity, the penalty shall be that of prision manufacturer, (2) producer, (3) processor, or (4)
mayor in its maximum and medium periods, 3 importer of any merchandise or object of
it being sufficient for the imposition thereof commerce.
that the initial steps have been taken toward The crime is committed by (1)
carrying out the purposes of the combination. combining, (2) conspiring, or (3) agreeing with
Any property possessed under any contract any person.
or by any combination mentioned in the The purpose is (1) to make transactions
preceding paragraphs, and being the subject prejudicial to lawful commerce, or (2) to
thereof, shall be forfeited to the Government
increase the market price of any merchandise
of the Philippines.
or object of commerce manufactured,
Whenever any of the offenses described above
is committed by a corporation or association, produced, processed, assembled or imported
the president and each one of the directors or into the Philippines.
managers of said corporation or association
or its agent or representative in the When the offense is committed by a
Philippines in case of a foreign corporation or corporation or association, who are liable?
association, who shall have knowingly - The president and each one of the
permitted or failed to prevent the commission directors or managers of said
of such offenses, shall be held liable as corporation or association, Or its agent
principals thereof. (As amended by Rep. Act or representative in the Philippines, in
No. 1956) case of a foreign corporation or
association, who knowingly permitted
Art. 186. Monopolies and combinations in or failed to prevent the commission of
restraint of trade. such offenses, shall be held liable as
principals thereof, (last par., Art. 186)
What are the acts punishable under art. 186? Note: This is the exception to the rule that a
(a) Combination to prevent free competition in director or other officer of a corporation is not
the market. liable criminally for the corporate acts
By entering into any contract or performed by other officers or agents thereof,
agreement or taking part in any conspiracy or as held in the case of People vs. Montilla,
combination in the form of a trust or otherwise, - C.A., 52 O.G. 4327.
in restraint of trade or commerce or to prevent
by artificial means free competition in the
market.
SECTION TWO. — FRAUDS IN COMMERCE AND
INDUSTRY Art. 187. Importation and disposition of falsely
marked articles or merchandise made of gold,
Art. 187. Importation and disposition of falsely silver, or other precious metals or their alloys.
marked articles or merchandise made of gold, Does art. 187 apply to manufacturer of
silver, or other precious metals or their alloys. misbranded articles made of gold, silver, etc.
— The penalty of prision correccional* or a
fine ranging from 200 to 1,000 pesos, or both,
shall be imposed upon any person who shall Art. 188-189. Expressly repealed by RA 8293.
knowingly import or sell or dispose of any
article or merchandise made of gold, silveror NAMATAY KO DIRI NGA PART. LOW
other precious metals, or their alloys, with POTASSIUM xD
stamps, brands or marks which fail to
indicate the actual fineness or qualityof said
metals or alloys.
Any stamp, brand, label, or mark shall be
deemed to fail to indicate the actual fineness
of the article on which it is engraved, printed,
stamped, labeled, attached, when the test of
the article shows that the quality or fineness
thereof is less by more than one-half karat, if
made of gold, and less by more than four one-
thousandth, if made of silver, than what is
shown by said stamp, brand, label or mark.
But in case of watch cases and flatware made
of gold, the actual fineness of such gold shall
not be less by more than three one-
thousandth than the fineness indicated by
said stamp, brand, label or mark.

Articles or merchandise involved.

Those made of —
(a) Gold,
(b) Silver,
(c) Other precious metals, or
(d) Their alloys.

Elements:
1. That the offender imports, sells or disposes of
any of those articles or merchandise.
2. That the stamps, brands, or marks of those
articles of merchandise fail to indicate the
actual fineness or quality of said metals or
alloys.
3. That the offender knows that the stamps,
brands, or marks fail to indicate the actual
fineness or quality of the metals or alloys.