Art. 165. Selling of false or mutilated coin, without connivance.

 — The person who knowingly, although without the

connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall
actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.
Punishable acts under this article
1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is
false or mutilated.
Elements:
a. Possession (includes constructive possession);
b. With intent to utter; and
c. Knowledge.

2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. Elements:
a. Actually uttering a false or mutilated coin; and
b. Knowledge that such coin is false or mutilated.
CASE:

People v. Go Po, G.R. No. 42697, V L. J. 393, August, 1985

FACTS:
The accused, Go Po was a Chinese merchant who was engaged in selling goods. Go Po was paid a counterfeit 50-
centavo coin and placed it in his drawer inside his store. During the search by some constabulary officers, the false coin
was found inside the drawer and he was charged with illegal possession of a false coin. Go Po contends that he cannot be
held liable since he had no knowledge of the coin being false.
The RTC convicted him of illegal possession of false coin and the CA affirmed such decision.
ISSUE:
Whether or not Go Po was guilty of illegal possession of a false coin.
RULING:
No. The fact that Go Po received it in payment for his goods and placed it in his drawer proves the fact that he had
no prior knowledge that the 50-centavo coin was a counterfeit.
Article 165 of the Revised Penal Code requires 3 elements to be attendant in order for one to be punished,
namely:
1. Possession
2. Intent to utter
3. Knowledge that coin is false
In the instant case, the 3rd element is lacking. Hence, Go Po was acquitted.