DISCUSSION GUIDE FOR MODULE 4

Title IV

CRIMES AGAINST PUBLIC INTEREST

Forgeries and counterfeits

Art. 161. Counterfeiting the great seal of the government of the Philippine Island,
forging the signature or stamp of the Chief Executive.
What are the acts of forgeries under art. 161?
 Forging the Great Seal of the Government of the Phillippines;
 Forging the signature of the President; and
 Forging the stamp of the President

Who has custody and use of the great seal?

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

When in a state document the signature of the president is forged, will the forger be
liable for falsification of public document?
 No, the name of the crime will be FORGING THE SIGNATURE OF THE
CHIEF EXECUTIVE.

Art. 162. Using forged signature or counterfeit seal or stamps.

When the offender in this article is the forger, is her liable under this article?
 No, this article penalizes the one who uses the forged and counterfeited
signature, stamp or seal. The forger will be liable under art. 161.
ELEMENTS:
1. The Great Seal of the Republic was counterfeited, or the signature or the
stamp of the Chief executive was forged by another person.
2. The offender knew of the counterfeiting or the forgery;
3. That he uses the counterfeit seal, and the forged signature or stamp.

Art. 163. Making and importing false coins.

Elements:
1. there be a false or counterfeited coin
2. the offender either made, imported or uttered such coins
3. in case of uttering such false or counterfeited coins, he connived with the
counterfeiters or importers

Define “coin”.
 Coin is a piece of metal stamped with certain marks and made
current at a certain value.

When is a coin false or counterfeit?

 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

Define “import” and “utter”.

 To import fake coins means to bring them into port. The
importation is complete before entry at the Custom House.

 To utter is to pass counterfeited coins. It includes their

delivery or the act of giving them away.

When former coins which had been withdrawn from circulation are counterfeited,
will one be liable under art. 163?
 Yes, it is not only the harm that may be caused to the public in case it goes
into circulation but also the possibility that the counterfeiter may apply his
trade in making of coins in actual circulation that is prevented.

Art. 164. Mutilation of coins – importation and utterance of mutilated coins.

What are the acts punished under art. 164?
 Acts Punished:
 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

Distinguish counterfeit coin from mutilated coin.

  COUNTERFEIT COINS – are those imitation of the legal or genuine coins.
 MUTILATED COINS – are those were the parts of the metal had been taken
off either by filing or substituting it for another metal of inferior quality.

Define mutilation and utterance.

 Mutilation means to take off part of the metal either by filing it or
substituting it for another metal of inferior quality. It is to diminish by
ingenuous means the metal in the coin.
 Utterance means passing of counterfeited coins.

Art. 165. Selling of false and mutilated coin without connivance.

What are the acts punished under this article?
Acts Punished:
 1. possession of coin, counterfeited or mutilated by another person, with
intent to utter the same, knowing that it is false or mutilated
o Elements:
a. possession
b. intent to utter
c. Knowledge

 2. actually uttering such false or mutilated coin, knowing the same to be false
or mutilated
o Elements:
a. actually uttering
b. knowledge

What is constructive possession?

 Not only the actual, physical possession but also the subjection of the thing
one’s control

Is constructive possession covered by this article?

 Yes, because the possession prohibited in Art. 165 is the possession in
general.

In possession of or uttering false coins, is it required that the counterfeit coin be a

legal tender?
 No, article 165 does not require that the coin be of legal tender.
Art. 166. Forging treasury or bank notes or other documents payable to bearer;
importing and uttering such false or forged notes and documents.
What are the three acts penalized under art. 166?
Acts Punished:
 1. Forging treasury or bank notes or other documents payable to bearer

 2. Importing such false or forged notes and documents

 3. Uttering such false or forged notes and documents in connivance with the
forgers or importers

How are forging and falsification committed?

 FORGING – committed by giving to a treasury, or bank note, or any
instrument payable o bearer, or to order the appearance of a true and
genuine document;
 FALSIFICATION – committed by erasing, substituting, counterfeiting or
altering by any means, the figures, letters, words, or signs therein.

What is the meaning of “importation” under this article?

 It means bringing them into the country which presupposes that the
obligations or notes are forged or falsified in another country.

What are the notes and other obligations and securities that can be forged or
falsified under Art. 166?
 Treasury or bank notes;
 Certificates;
 Other obligations or securities payable to bearer.

What is the meaning of “obligation or security” of the Philippines?

  Bonds
  Certificates of indebtedness
  National bank notes
  Coupons
  Treasury notes
  Fractional notes
  Certificates of deposits
  Bills
   Checks
  Drafts for money
  Other representatives of value

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer.
 Elements:
1. there be an instrument payable to order or other document of credit not
payable to bearer

 2. the offender either forged, imported or uttered

such instrument

 3. in case of uttering, he connived with the forger or

importer

Does this article cover instruments or other documents of credit issued by a foreign
government or bank?
 Yes, because the act punished includes that of importing, without specifying
the country or government issuing them. If the instrument is payable to bearer
it is no doubt that it was issued by a foreign country.

Is connivance between the forger and utterer a requisite for liability under art. 167?
 Yes, it is under the third requisite xxx 3. In case of uttering, the utterer
should be in connivance with the forger or importer.
 If the utterer is also the forger, he can be made liable as a forger of the
instrument.

Art. 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit.
 Elements:
1. 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. he performs any of these acts:

a. using any of such forged or falsified instruments

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

Art. 169. How forgery is committed.

 1. by giving to a treasury or bank note or any instrument payable to bearer or to
order mentioned therein, the appearance of a true and genuine document

 2. by erasing, substituting, counterfeiting or altering by any

means the figures, letters, words, or sign contained therein.

When is forgery not subject to prosecution?



NOTE: Notice that mere change on a document does not amount to

forgery. The essence of forgery is giving a document the appearance
of a true and genuine document.

Falsification.
 FIVE CLASSES OF FALSIFICATION:
1. Falsification of Legislative Documents
2. Falsification of a Document by a Public Officer, Employee or Notary Public
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

Art. 170. Falsification of legislative documents.

 Elements:
1. there is 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. offender alters the same

3. he has no proper authority therefor

4. the alteration has changed the meaning of

the documents

Distinguish forgery from falsification.

 FORGERY – refers to the falsification and counterfeiting of treasury, bank
notes or any instrument payable to bearer.
 FALSIFICATION – is the commission of any of the 8 acts mentioned in article
171 on legislative (only the act of making alteration) public or official,
commercial, or private documents, wireless, or telegraph messages.

 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.

Four Kinds of Documents:

 Public Document – any instrument notarized by a notary public or competent

public official with the solemnities required by law

 Official Document – any instrument issued by the government or its agents or

its officers having the authority to do so and the offices, which in accordance with
their creation, they are authorized to issue

 Commercial Document – any instrument executed in accordance with

the Code of Commerce or any mercantile law containing disposition of
commercial rights or obligations

 Private Document – every deed or instrument executed by a private

person without the intervention of a notary public or of any other person
legally authorized, by which document some disposition or agreement is
proved, evidenced or set forth
What is penalized in falsification of public document?

 In a crime of falsification of public document, what is punished is the

violation of faith and trust of the public and the destruction of the
truth as therein solemnly proclaimed. The revocation of a falsified
document is immaterial to the guilt of the one charged with falsification
(Hernando vs CA, May
1993).

Art. 171. Falsification by public officer, employee or notary public or ecclesiastical

minister.
Elements:

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

2. he takes advantage of his official position

3. he falsifies a document by committing any of the

following acts:
a. counterfeiting or imitating any handwriting, signature or rubric

In counterfeiting, there is an imitation of the original

handwriting, signature or rubric.

It is not necessary that the imitation be perfect; it is enough

that there be an attempt to imitate, and that the two
signatures, the genuine and the forged, bear some
resemblance to each other.

b. causing it to appear that persons have participated in 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

 Elements:
1. obligation on the part of the accused to disclose the truth
2. wrongful intent to injure a third person

e. altering true dates

f. making any alteration or intercalation in a genuine document

which changes its meaning

Elements:
1. there is a genuine document
2. an alteration or intercalation is made therein
3. such changes the meaning of the document
4. the change made the document speak something false

NOTE: The word “alteration” has inherent in it the idea of deception – making
the instrument speak of something which the parties did not intend to speak.

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

Example: Making it appear in a registry book that

parties were able to receive a copy of Court Order
when in fact no such order was served upon the
parties.
4. in case the offender is an ecclesiastical minister who shall commit any of the
offenses enumerated, with respect to any record or document of such character
that its falsification may affect the civil status of persons.
Example:
 A priest who made it appear on record that the child
he baptized was a recognized illegitimate child when
the supposed father did not issue such recognition.
 A minister who made it appear that he solemnized a
marriage which did not actually transpire.
Art. 172. Falsification by private individuals and use of falsified documents.
What is penalized in falsification of public documents?
 Acts Punished:
1. Falsification of public, official or commercial document by a private
individual
2. Falsification of private document by any person
3. Use of falsified document

What is a document?
 Any written statement by which a right is established or an obligation is
extinguished.
 It is a writing or instrument in which a fact may be proven and affirmed.

Must there be a genuine document in falsification?

 Yes, because in falsification by 1.) making alteration or intercalation, or
by 2.) including in a copy a different statement, there must be a
genuine document that is falsified.

What are the requisites of counterfeiting under par. 1 of art. 171?

 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 mentioned in art. 171;
3. That falsification was committed in a public, official, commercial
document.

What is feigning?
 It is a forgery of a signature, handwriting or rubric which does not exist
in the first place; to represent by a false appearance to give mental
existence.

If a person used a falsified document what should be the proper charge against
him?
 It is the USE OF FALSIFIED DOCUMENT under art. 172, 3 rd
paragraph.
What is the essence of the crime of falsification?


What are the elements of use of falsified documents under art. 172?
 ELEMENTS:
In introducing in a judicial proceeding -
1. offender knew that the document was falsified by another person
2. the false document is embraced in Arts. 171 or 172 (1 or 2)
3. he introduced said document in evidence in any judicial proceeding

In use in any other transaction -

1. offender knew that the document was falsified by another person
2. the false document is embraced in Arts. 171 or 172 (1 or 2)
3. he used such document
4. the use caused damage to another or at least used with intent to cause
damage

In what instance will falsification not bring about criminal liability?

 In private instruments, if there is no intent to cause damage to another
person, then there is no falsification;
 In public instruments, lack of malice is a defense.

What are the four kinds of documents?

 Public Document – any instrument notarized by a notary public or competent
public official with the solemnities required by law

 Official Document – any instrument issued by the government or its agents or

its officers having the authority to do so and the offices, which in accordance with
their creation, they are authorized to issue

 Commercial Document – any instrument executed in accordance with

the Code of Commerce or any mercantile law containing disposition of
commercial rights or obligations

 Private Document – every deed or instrument executed by a private

person without the intervention of a notary public or of any other person
legally authorized, by which document some disposition or agreement is
proved, evidenced or set forth
 What is the effect when the document falsified is (a) a private document and (b) a
public document?
 When the falsified document is a private one, there can be no crime
unless, intent to cause damage is proven. When one makes use of the
falsified private document, there is only one crime: FALSIFICATION OF
PRIVATE DOCUMENT, this is because the intent to defraud another in using
the falsified private document is part and parcel of the crime, hence cannot
give rise to estafa.

 Falsifying a public document may give rise to the crime of estafa, this is
because before even utilizing the public document to defraud another, the
crime of falsification has already been committed, so utilizing the public
document to defraud another is estafa. Simply speaking, falsification of public
document is only a necessary means of committing estafa.

In falsification of private documents what will determine whether the crime

committed is estafa or falsification?
 It is the intent to cause damage to another. If the damage resulted from,
and was caused by the falsification of the private document, then it becomes
the element of the said crime; on the other hand, the crime of estafa cannot
exist without its own element of damage.

What is the presumption on the possession and use of falsified documents?

 It is presumed that the one in possession and made use of the said falsified
document is the author thereof. (possessor who used the document is the
forger)

In falsification by making untruthful statements in a narration of facts, what

requisites must concur?
 REQUISITES:
1. Offender makes in a document statements in a narration of facts;
2. He has legal obligation to disclose the truth of the facts narrated by
him;
3. The facts narrated by the offender are absolutely false;
4. The perversion of the truth in the narration of facts was made with the
wrongful intent of injuring a third person.

What is the presumption when a document is a public documents?

 

In falsification under par. 2 of art. 171, should the document be an authentic official
paper?
 No, it need not be an official document because the crime can still be
committed even if the document is not yet official.

Is good faith a defense in falsification?

 Yes. Lack of malice or criminal intent is a defense.

Art. 173. Falsification of wireless, cable, telegraph and telephone messages and use
of said falsified messages.
What are the three acts punished under art. 173?
 Acts Punished:
1. uttering fictitious wireless, telegraph or telephone
messages
Elements:

a. 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 messages
b. he utters fictitious wireless, cable, telegraph or telephone messages

2. falsifying wireless, telegraph or telephone messages

Elements:
a. 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 messages
b. he falsifies wireless, cable, telegraph or telephone messages

3. Using such falsified message

Elements:
a. offender knew that wireless, cable, telegraph or telephone message was
falsified by 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 messages
b. he used such falsified dispatch
c. the use resulted in the prejudice of a third party or at least there was intent to
cause such prejudice
 Can a private individual be a principal by direct participation in falsification of
telegraphic dispatches?
 No, a private individual CANNOT be held liable for falsification of telegraphic
dispatches by direct participation unless he is an employee of a corporation
which is engaged in the business of sending and receiving wireless telegraph
or telephone messages; but he can be held liable as PRINCIPAL BY
INDUCEMENT of the said crime.

Art. 174. False medical certificates, false certificate of merit or service and the like.
 Acts Punished:
1. issuance of a false certificate by a physician or surgeon in connection with the
practice of his profession
2. issuance of a false certificate of merit or service, good conduct or similar
circumstances by a public officerIntent to gain is immaterial.
3. falsification by a private person of any certificate falling within said paragraphs
(1) and (2)

Define certificate.
 Any writing in which a testimony is given that a fact has or has not taken
place.

Who are the persons liable for falsification of certificates?

 1. PHYSICIAN OR SURGEON - who, in connection of the practice of their
profession, issued a false certificate.
NOTE:
The crime is FALSE MEDICAL CERTIFICATE BY A PHYSICIAN
 2. PUBLIC OFFICER – who issued a false certificate of merit, or service,
good conduct or similar circumstance.
NOTE:
The crime is FALSE CERTIFICATE OF MERIT, OR SERVICE BY A
PUBLIC OFFICER
 3. PRIVATE INDIVIDUAL – who falsified a certificate falling into 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.
 The certificate need not refer to an illness or injury to
exempt a person from the performance of a public
duty.

The crime is committed if the false certificate is

issued to exempt a person from performing a private
duty.

However, it is essential that the medical certificate is

issued knowing it to be false.

Art. 175. Using false certificates.

 Elements:
1. there must a false certificate as defined in Art. 174
2. knowledge that the certificate is false
3. offender uses the same

 NOTE:
Use of the false certificates mentioned in Art. 174,
whether in a judicial or any proceeding with
knowledge of their falsity, will subject the offender to
prosecution under Art. 175.

Art. 176. Manufacturing and possession of instruments or implements for

falsification.
What are the acts punished under art. 176?
 Acts Punished:
1. making or introducing into the Philippines any
stamps, dies,marks or other instruments or
implements intended to be used for counterfeiting
2. possession with intent to use any of the
instruments or implements mentioned above

Is constructive possession punishable under this article?

 Yes, for the one punished in this article is POSSESSION IN GENERAL,
not only actual, physical but also constructive or the subject of the thing to
one’s control.
Other falsities.

Art. 177. Usurpation of authority or official functions.

What are the forms of usurpation in art. 177?
 Acts Punished and form of usurpation:
1. (Usurpation of Authority) Knowingly and falsely representing oneself to be
an officer, agent or representative of any department or agency of the Philippine
Government or of any foreign government
2. (Usurpation of Official Functions) Performing any
act pertaining to any person in authority or public officer
of the Philippine Government or any foreign government
or any agency thereof, under pretense of official position
and without being lawfully entitled to do so.

Art. 178. Using fictitious name and concealing true name.

 Acts Punished:
1. using a fictitious name

Elements:
a. offender uses a name other than his true name
b. he uses the fictitious name publicly
c. purpose of use is to conceal a crime, to evade
execution of a judgment, or to cause damage to public
interest

2. concealing true name

Elements:
a. offender conceals his true name and other circumstances
b. purpose is only to conceal his identity

What is fictitious name?

 FICTITIOUS NAME – any other name which a person applies to himself
without authority of law.

Will the use of another name in a particular instance constitute use of an alias?
  No, the use of alias should be applied with to the authority in proceedings like
the one obtained in the judicial authority to change name.

Art. 179. Illegal use of uniform and insignia.

 Elements:
1. offender publicly makes use of insignia, uniform or dress
2. the insignia, uniform or dress pertains to an office not held by the offender or
pertains to a class of persons of which the offender is not a member

Is exact imitation of a uniform or dress necessary for one to be liable under art.
179?
 Exact imitation of the uniform is not necessary.
Colorable resemblance calculated to deceive the
common run of people and not those thoroughly
familiar with every detail or accessory is sufficient.

False testimony.

Art. 180. False testimony against a defendant.

What is false testimony?
What is the nature of the crime of false testimony?
If the witness testimony is not considered by the court, will he still be liable for false
testimony?
Art. 181. False testimony favorable to a defendant.
 Elements:
1. a person gives a false testimony
2. in favor of the defendant
3. in a criminal case

NOTE:
Intent to favor the accused is essential in this kind of
false testimony. However, it is not necessary that the false testimony given
should directly influence the decision of acquittal .

Art. 182. False testimony in civil cases.

When the testimony is given in a special proceeding, will the witness be liable for
art.
182?

Art. 183. False testimony in other cases and perjury in solemn affirmation.
What are the two ways of committing perjury?
What are the elements of perjury?
What is subornation of perjury?
What is an oath?
What is an affidavit?
What is meant by material matter?
Distinguish “material”, “relevant” and “pertinent”.
Is good faith or lack malice a defense in perjury?
Are two contradictory sworn statements sufficient to convict a person of perjury?

Art. 184. Offering false testimony in evidence.

Frauds.

Art. 185. Machinations in public auctions.

What are the two acts punishable under art. 185?
What is the purpose of public auction?
What is the test of unfair competition?

Art. 186. Monopolies and combinations in restraint of trade.

What are the acts punishable under art. 186?
When the offense is committed by a corporation or association, who are liable?

Art. 187. Importation and disposition of falsely marked articles or merchandise made
of gold,
silver, or other precious metals or their alloys.
Does art. 187 apply to manufacturer of misbranded articles made of gold, silver, etc.

Art. 188-189. Expressly repealed by RA 8293.