Del Rosario vs.

People

Facts:

Sergio Del Rosario, Alfonso Araneta, and Benedicto Del Pilar were accused of counterfeiting Philippine
Treasury notes and thus convicted of illegal possession of said illegal treasury notes. They showed to
complainant Apolinario Del Rosario, the Philippine one-peso bills and the Philippine two-peso bills and
induced him to believe that the bills were counterfeit paper money manufactured by them. Although, in
fact they were genuine treasury notes of the Philippine government, but one of the digits of each had
been altered and changed. They succeeded in obtaining 1,700.00 pesos from the complainant, for the
avowed purpose of financing the manufacture of more counterfeit treasury notes of the Philippines.

Defendants contends that, the Philippine bills being a genuine treasury notes of our government, the
possession thereof cannot be illegal.

Issue:

Is the possession of genuine treasury notes but such notes having been altered a violation of art 168?

Held:

Yes, it is clear from the provisions that the possession of genuine treasury notes of the Philippines any of
“the figures, letters, words, or signs contained” in which had been erased and or altered, with the
knowledge of such notes, as they were used by defendants, is punishable under Article 168.

Article 168 of the RPC provides that “any person who shall knowingly use or have in possession with intent
to use any of the false or falsified instruments referred in this section shall be liable of violation of this
article”. Also, in Article 169 of the RPC, forgery is committed:

“(1) By giving to a treasury or bank note or any instrument payable to the bearer or to order mentioned
therein, the appearance of a true and genuine document; or

(2) By erasing, substituting, counterfeiting or faltering by any means the figures, letters, words or signs
contained therein.”