CHAPTER 4 SECTION 2: COUNTERFEITING COINS

Art 161. Counterfeiting the great seal of

the Government of the Philippine Islands,
Crimes: MMS
the stamp and signature of the Chief
Executive. 1. Making, importing and uttering
false coins
Acts punished: (forging)
2. Mutilation of coins, importing and
1. Forging the great seal of the
uttering of false coins
government
3. Selling of false or mutilated coins –
2. Forging the signature of the
without connivance
President
Article 163. Making, Importing and
3. Forging the stamp of the President
Uttering false coins.
CUSTODY AND USE OF THE GREAT
1. That there be a false or counterfeited
SEAL
coin
The Great Seal of the Government shall be
2. That the offender either make,
in custody of the Chief Executive, shall be
import or uttered such false coins
affixed or placed in all the commissions of
the President as well as in all the official 3. That in case of uttering such false
documents and papers, as provided by law, coins, he connived with the
or as may be required by custom and usage counterfeiters and importers.
upon the discretion of the President of the
WHAT IS A COIN?
Philippines.
A coin is a piece of metal stamped with
Art. 162. Using forged signature and
certain marks and made current at a certain
counterfeit seal or stamp.
value.
Elements:
WHEN IS A COIN COUNTERFEITED?
1. The Great Seal of the Republic was
A coin is counterfeited when it is
counterfeited or the signature and
forged or when it is not authorized
stamp of the Chief Executive was
by the government as a legal tender,
forged by another person.
regardless of its intrinsic value.
2. The offender knew about the
Counterfeiting means that there is
counterfeiting and forgery.
an imitation of the legal and genuine
3. He used the counterfeit seal and coin. It may contain more silver than
forged signature or stamp. the ordinary coin.

There is counterfeiting is a spurious

coin is made and there is an
 imitation of the peculiar design of that there be an connivance with
genuine coin. mutilator or importer in case of
uttering.
WHAT IS “IMPORT”?
WHAT IS MUTILATION?
To import fake or counterfeited
coins means to bring the into Mutilation means taking off a
port. Importation is complete part of the coin and filing it or
before entry at the Customs substituting it for another metal
House. of inferior metal

WHAT IS “UTTER”? Mutilation is to diminish by

ingenuous means the part of the
To utter means to pass the
coin, to take advantage of the
counterfeited coins.
metal abstracted. Hence the coin
It involves delivery and the act diminishes in intrinsic value.
of giving them away.
In this provision, it is a requirement that
The fake coin is uttered when it the mutilated coin is of legal tender. The
is paid. coin must be a currency or current coins
of the Philippines otherwise, it is not
Caught counting the fake coins
punishable.
before delivering them, though
the purpose to gain is not Art. 165. Selling of false or mutilated
obtained as intended. coins- without connivance.

WHAT ARE THE COUNTERFEITED ACTS PUNISHED:

COINS PUNISHED?
1. Possession of the coin,
1. Any coinage of the Philippines counterfeited or mutilated, by
another person with the intent of
2. Coin of currency of the foreign
uttering the same, knowing that
country
it is false or mutilated.
Art. 164. Mutilation of coins – importation
Elements: (a) possession (b) with
and utterance of false coins.
the intent to utter (c ) knowledge
ACTS PUNISHED:
2. Actually uttering the false coin,
1. Mutilation of coin of legal currency, knowing the same to be false or
with the further requirement that mutilated. (Uttering- knowing)
there be an intent to damage or
Elements: (a) actually uttering (b)
defraud another.
knowledge
2. Importing and uttering such false
In article 165 (selling), it is not a
coins, with the further requirement
requirement that it be of legal tender.
However, if the coin Unlike in Art 164
(mutilation)