2.
That the offender knew of the counterfeiting or forgery
CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE
FORGERIES
Art. 161. Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief
Executive. –
The penalty of reclusion temporal shall be imposed upon any person who
shall forge the Great Seal of the Government of the Philippine Islands or
the signature or stamp of the Chief Executive.
What are the punishable acts? (SSS)
1. Forging the Great Seal of the Government of the Philippines
2. Forging the signature of the President
3. Forging the stamp of the President
NOTES:
1. The Great Seal shall be and remain in the custody of the President
of the Philippines, and shall be affixed to or placed upon all
commissions signed by him, and upon such other official
documents and papers of the RP as may by law be provided, or
as may be required by custom and usage in the discretion of the
President.
2. When in a Government document the signature of the President
is forged, it is NOT falsification. Art. 161 supplied the specific
provision to govern the case.
3. It is counterfeiting or making an imitation of the signature of the
Chief Executive on what is made to appear as an official document
of the Republic of the Philippines.
4. If the Chief Executive left with his secretary a signature in blank,
and a document is written above it, the crime committed is not
covered by Art. 161. Art. 171 or 172 may apply.
Art. 162. Using forged signature or counterfeit seal or stamp. –
The penalty of prision mayor shall be imposed upon any person who shall
knowingly make use of the counterfeit seal or forged signature or stamp
mentioned in the preceding article.
What are the elements? (A-K-U)
1. That the Great Seal of the Republic was counterfeited or the
signature or stamp of the Chief Executive was forged by another
person
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
3. That he used the counterfeit seal or forged signature or stamp
NOTE: The offender under this article should NOT be the forger.
 Otherwise, he will be penalized under Art. 161.
 In using forged signature or stamp of the Chief Executive, or
forged seal, the act is that of an accessory but the penalty is only
1 degree lower.
SECTION TWO: Counterfeiting coins.
1. Making and importing and uttering false coins
2. Mutilation of coins
3. Selling of false or mutilated coin, without connivance
Art. 163. Making and importing and uttering false coins. –
What are the elements? (F-M-C)
1. That there be false or counterfeited coins
2. That the offender either made, imported, or uttered such coins
3. That in case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers
What is a ‘coin’?
A piece of metal stamped with certain marks and made current at a certain
value.
When is a coin false or counterfeited?
 If it is forged or if it is NOT authorized by the Government as legal
tender, regardless of its intrinsic value
 Counterfeiting – imitation of a legal or genuine coin. It may contain
more silver than the ordinary coin
 There is counterfeiting when a spurious coin is made. There must
be an imitation of the peculiar design of a genuine coin.
 If a person gave a copper cent the appearance of silver piece and
attempted to pay an item with it  ESTAFA
What is ‘import’?
 To bring them into port
 The importation is complete before entry at the Customs House
What is ‘utter’?
 Pass counterfeited coins
 Includes their delivery or the act of giving them away
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ATTY. TRINIDAD
  A counterfeited coin is uttered when it is paid, when the offender
is caught counting the counting the counterfeited coins
preparatory to the act of delivering them, even though the utterer
may not obtain the gain he intended.
What are the kinds of coins the counterfeiting of which is punished?
1. Silver coin of the Philippines or coin of the BSP
2. Coin of the minor coinage of the Philippines or of the BSP
3. Coin of the currency of a foreign currency
What are minor coins?
Coins below the 10-centavo denomination
May former coins withdrawn from circulation be counterfeited under Art.
163?
 YES
 The reason for punishing the fabrication of a coin withdrawn from
circulation is not alone the harm that may be caused to the public
in case it goes into circulation again, but the possibility that the
counterfeiter may later apply his trade to the making of coins in
actual circulation.
 Art. 163 is intended to protect not only the coins legally minted in
said countries, but also the public in general.
Art. 164. Mutilation of coins – Importation and utterance of mutilated
coins. –
The penalty of prision correccional in its minimum period and a fine not to
exceed 2,000 pesos shall be imposed upon any person who shall mutilate
coins of the legal currency of the Philippine Islands or import or utter
mutilated current coins, in connivance with the mutilator or importer.
What are the punishable acts? (I-C)
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
What is ‘mutilation’?
 To take of part of the metal either by filing it or substituting it for
another metal of inferior quality
 Diminish by ingenuous means the metal in the coin
 One who mutilates a coin does it to take advantage of the metal
abstracted
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
 The coin diminishes in intrinsic value
 One who utters said mutilated coin receives its legal value, much
more than its intrinsic value
NOTES
1. The coin must be “of legal tender” in mutilation. It is indispensable.
2. The coin mutilated must be genuine and has NOT been withdraw
from circulation.
3. The coin must be of the legal circulation or current coins of the
Philippines.
4. If the coin mutilated is legal tender of a foreign country, it is NOT
a crime of mutilation under the RPC.
Art. 165. Selling of false or mutilated coin, without connivance. –
Any person who knowingly, although without 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.
What are the punishable acts? (P-U)
1. Possession of coin, counterfeited or mutilated by another person,
with intent to utter the same, knowing that it is false or mutilated
Elements: (PIK)
a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering such false or mutilated coin, knowing the same
to be false or mutilated
Elements: (A-K)
a. Actually uttering
b. Knowledge
Does it require that the counterfeited coin is legal tender?
 If false coin: NO; any currency
 If mutilated coin: YES; because of Art. 164 to which Art. 165 is
related
NOTES:
1. Constructive possession or the subjection of the thing to one’s
control is included. Otherwise, offenders could easily evade the
law by the mere expedient of placing other persons in actual,
physical possession of the thing although retaining constructive
possession or actual control thereof
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ATTY. TRINIDAD
 2. Possession of counterfeiter or importer is NOT punished as a What is ‘importation of false or forged obligation or notes’?
separate offense, but is identified with the counterfeiting or To bring them into the Philippines,
mutilation or importation Which presupposes that the obligations or notes are
3. The offense punished under this article is the mere holding of the Forged or falsified in a foreign country.
false or mutilated coin with intent to utter
4. Actually uttering false or mutilated coin, knowing it to be false or What is ‘uttering false or forged obligations or notes’?
mutilated, is a crime under Art. 165, even if the offender was NOT Offering obligations or notes
in connivance with the counterfeiter or mutilator. Knowing them to be false or forged,
5. The accused must have knowledge of the fact that the coin is Whether such offer is accepted or not,
false. With a representation,
By words or actions,
Art. 166. Forging treasury or bank notes or other documents payable That they are genuine and
to bearer; importing; and uttering such false or forged notes and With an intent to defraud
documents. -
NOTE: Uttering forged bill must be with connivance to constitute a
What are the punishable acts? (F-I-U) violation of Art. 166.
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer When is a bank note, certificate or obligation and security payable to
2. Importation of such false or forged obligations or notes bearer?
3. Uttering of such false or forged obligations or notes in connivance (a) When it is expressed to be so payable
with the forgers or importers (b) When it is payable to a person named therein or bearer
(c) When it is payable to the order of a fictitious or non-existing
“obligation or security of the Philippine Islands” person, and such fact was known to the person making it so
 Bonds payable
 Certificates of indebtedness (d) When the name of the payee does not purport to be the name of
any person
 National bank notes
(e) When the only or last indorsement is an indorsement in blank
 Coupons
It can be negotiated by mere delivery.
 US or PI notes
 Treasury notes NOTE: The penalties depend on the kind of forged treasury or bank
 Fractional notes notes or other documents.
 Certificates of deposit (a) Obligation or security issued by the Government of the Phils.
 Bills (b) Circulating note issued by any banking association duly
 Checks authorized by law to issue the same
 Other obligations and securities, payable to bearer (c) Document issued by a foreign government
 Drafts for money, drawn by or upon authorized officers of the PI (d) Circulating note or bill issued by a foreign bank duly authorized to
issue the same
Forging Falsification
by giving to a treasury or bank erasing, substituting, counter- NOTE: The Code punishes forging or falsification of bank notes and
note or any instrument payable to feiting, or altering by any means, of documents of credit payable to bearer and issued by the State
bearer or to order the appearance the figures, letters, words, or signs more severely than it does the counterfeiting of coins.
of a true and genuine document contained therein  The first tends to bring such documents into discredit and the
to make false instrument intended offense produces lack of confidence on the part of the holders of
to be passed for the genuine one said documents to the prejudice of the interests of society and of
Film: Catch Me If You Can the State
RAMOS, MARY LOUISE M CRIMINAL LAW 2
TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
  It is easier to forge or falsify such certificates, notes, and
documents of credit than to make counterfeit coins, and the profit
which is derived therefrom by the forger of such documents is
greater and the incentive is much more powerful.
EXAMPLE: Complex crime of attempted estafa through falsification
of an obligation or security of the Philippines
When the accused removed the true and unidentified number of said ticket
and substituted it with the winning number, and attempted to cash the
ticket.
NOTE: PNB checks are commercial documents, not covered by Art. 166.
Art. 167. Counterfeiting, importing, and uttering instruments not
payable to bearer. –
Any person who shall forge, import, or utter, in connivance with the forgers
or utterers, any instrument payable to order or other documents of credit
not payable to bearer, shall suffer the penalties of prision correccional in
its medium and maximum periods and a fine not exceeding 6,000 pesos.
What are the elements? (O-F-C)
1. That there be an instrument payable to order or other document
of credit NOT payable to bearer
2. That the offender either forged, imported, or uttered such
instrument
3. That in case of uttering, he connived with the forger or importer
NOTES:
1. This article is limited to instruments payable to order.
2. An instrument is payable to order where it is drawn payable to
the order of a specified person or to him or to his order. It is
negotiated by indorsement and delivery.
3. It covers instruments or documents of credit issued by a foreign
government or bank.
4. The falsification of US treasury warrants NOT payable to bearer
is punished under Art. 172, not Art. 167.
5. The utterer should NOT be the forger, otherwise, he can be held
liable as a forger of the instrument.
What is the reason for punishing forgery? (M-P)
1. To maintain the integrity of the currency and thus insure the
credit standing of the government
2. Prevent the imposition on the public and the government of
worthless notes or obligations
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
Art. 168. Illegal possession and use of false treasury or bank notes
and other instruments of credit. –
Unless the act be one of those coming under the provisions of any of the
preceding articles, any person who shall knowingly use or have in his
possession, with intent to use any of the false or falsified instruments
referred to in this section, shall suffer the penalty next lower in degree
than that prescribed in said articles.
What are the elements? (F-K-A)
1. That 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. That he performs any of these acts – (U-P)
a. Using any of such forged or falsified documents
b. Possessing with intent to use any of such forged or
falsified documents
Is possession of false treasury or bank notes alone a criminal offense?
 NO
 There must be with intent to use
NOTES:
1. To prove that a bank note is forged, evidence must be presented
that the number which the questioned bank note bears does not
check with the genuine one issued with the same number
2. The accused must have knowledge of the forged character of the
note
3. The conduct of the accused is considered to establish
knowledge of forgery
4. Possession of counterfeit US$20 bills is punished under this
article (“any of the false or falsified instruments referred to in this
section”)
5. A person in possession of falsified documents and who makes
use of the same is presumed to be the material author of
falsification.
6. Intent to use is sufficient to consummate the crime when the
offender is in possession of false or falsified obligations or notes
7. The crime was consummated although the bogus bill was NOT
accepted
8. NO LIABILITY for the accused threw away the forged note
instead of carrying out his attention
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ATTY. TRINIDAD
NOTE: Accused has the burden to give satisfactory explanation of
his forged bills.
The failure of the accused to explain satisfactorily his possession of the
counterfeit bills means either:
(1) That he forged them himself, or
(2) That he knows who falsified them, but he does not want to
divulge him
NOTE: Impossible crime
Although their appearance carries an inherent impossibility for anyone to
accept them as genuine money, it is NOT an impossible crime for forging
or falsification treasury notes is neither an offense against persons nor
property. (It’s a crime against public interest)
Art. 169. How forgery is committed. –
The forgery referred to in this section may be committed by any of the
following means:
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
NOTE: Forgery includes falsification and counterfeiting
First mode
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
NOTES:
1. This provision contemplates not only the situations where a
spurious, false, or fake document, but also the situations
involving originally true and genuine documents which have
been withdrawn or demonetized, or have outlived their
usefulness.
2. The forgery consists in the addition of a word in an effort to give
to the present document the appearance of the true and genuine
certificate that it used to have before it was withdrawn or has
outlived its usefulness
Second mode
By erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words, or sign contained therein
When A wrote B’s name on the back of the treasury warrant which was
originally made payable to B or his order, he converted, by such
supposed indorsement, the treasury warrant to one payable to bearer.
There was material alteration.
P.D. 247, took effect on July 18, 1973:
It is ordered and decreed:
1. That it shall be unlawful for any person to willfully deface,
mutilate, tear, burn or destroy, in any manner whatsoever,
currency notes and coins issued by the BSP
2. That any person who shall violate this decree shall, upon
conviction, be punished by a fine of not more than 20,000 pesos
and/or imprisonment of not more than 5 years
Forgery Falsification
as used in Art. 169, refers to the commission of any of the 8 acts
falsification and counterfeiting of: mentioned in Art. 171 on
 treasury legislative (only the act of making
 bank notes alteration) public or official,
 any instruments payable commercial, or private
to bearer or order documents, or wireless, or
telegraph messages
Art. 170. Falsification of legislative documents. –
The penalty of prision correccional in its maximum period and a fine not
exceeding 6,000 pesos shall be imposed upon any person who, without
proper authority therefor, alters any bill, resolution, or ordinance enacted
or approved or pending approval by either House of the Legislature or
any provincial board or municipal council.
What are the elements? (BA-PaM)
1. That there be 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. That the offender alters the same
3. That he has no proper authority therefor
4. That the alteration changed the meaning of the document

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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
NOTES: What are the elements? (OffA-FE)
1. “municipal council” should include the city council or municipal 1. That the offender is a:
board a. Public officer
2. The bill, resolution, or ordinance must be genuine. b. Employee, or
3. A fabricated or simulated legislative document is NOT covered c. Notary public
by Article 170. 2. That he takes advantage of his official position
4. The offender is any person. 3. That he falsifies a document by committing any of the following
5. All the provision requires is that the offender has no proper acts: (C-CAMAI-I)
authority to make the alteration. a. Counterfeiting or imitating any: (HSR)
6. The act of falsification in a legislative document is limited to o Handwriting
altering it which changes its meaning. Other acts of falsification o Signature, or
even in legislative documents are punished under Art. 171 or o Rubric
172. b. Causing it to appear that persons have participated in
7. RA 248 prohibits the reprinting, reproduction or republication of any act or proceeding when they did NOT in fact so
government publications and official documents without previous participate
authority. c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
Art. 171. Falsification by public officer, employee or notary or them
ecclesiastical minister. – d. Making untruthful statements in a narration of facts
The penalty of prision mayor and a fine not to exceed 5,000 pesos shall e. Altering true dates
be imposed upon any public officer, employee, or notary who, taking f. Making any alteration or intercalation in a genuine
advantage of his official position, shall falsify a document by committing document which changes its meaning
any of the following acts: g. Issuing in authenticated form a document purporting to
1. Counterfeiting or imitating any handwriting, signature, or rubric be a copy of an original document when no such original
2. Causing it to appear that persons have participated in any act or exists, or including in such copy a statement contrary to,
proceeding when they did not in fact so participate or different from, that of the genuine original
3. Attributing to persons who have participated in an act or proceeding h. Intercalating any instrument or note relative to the
statements other than those in fact made by them issuance thereof in a: (PRO)
4. Making untruthful statements in a narration of facts o Protocol
5. Altering true dates o Registry, or
6. Making any alteration or intercalation in a genuine document which o Official book
changes its meaning 4. In case the offender is an ecclesiastical minister, the act of
7. Issuing in an authenticated form a document purporting to be a copy falsification is committed with respect to any record or document
of an original document when no such original exists, or including in of such character that its falsification may affect the civil status of
such copy a statement contrary to, or different from, that of the persons
genuine original
8. Intercalating any instrument or note relative to the issuance thereof Who are the offenders? (PENE)
in a protocol, registry, or official book 1. Public officer
2. Employee
The same penalty shall be imposed upon any ecclesiastical minister who 3. Notary public
shall commit any of the offenses enumerated in the preceding 4. Ecclesiastical member with respect to any record or document
paragraphs of this article, with respect to any record or document of such that its falsification may affect the civil status of persons
character that its falsification may affect the civil status of persons.
When does the offender take advantage of his official position?
1. He has the duty to:
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
 a. Make
b. Prepare, or
c. Otherwise to intervene in the preparation of the
document
OR
2. He has the official custody of the document which he falsifies
NOTE:
 Even if the offender was a public officer but he DID NOT take
advantage of his official position, he would be guilty of
falsification of a document by a private person under 172.
 A court stenographer who deliberately and maliciously change,
in making transcription of his notes, the statements of a witness
taken by him is guilty of falsification under this article. If any other
officer did that, he is guilty under 172.
 The falsification committed must be upon an act, certificate, or
instrument the issuance of which pertains to his office in order for
it to be with abuse of his office.
What is a ‘document’?
 Any written statement by which a right is established or an
obligation extinguished
 A writing or instrument by which a fact may be proven and
affirmed
 Pamphlets CANNOT be said to evidence a fact, agreement, or
disposition. They are rather merchandise as any other article
usually sent by COD mail.
 If the payroll is merely a draft because it has not been approved
by the proper authority, it can prove nothing and affirm nothing.
The documents MUST be:
1. Complete, or at least have the appearance of a true and genuine
document
2. Of apparent legal efficacy
NOTE: If it is invalid on its face, making a writing on such document is
NOT falsification.
Must there be a genuine document in falsification?
Only in cases of falsification by:
1. Making alteration or intercalation, or
2. Including in a copy a different statement
In other paragraphs, falsification may be committed by simulating or
fabricating a document.
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NOTE: Documents may be simulated or fabricated.
 In falsification of a public document, the falsification need NOT
be made on an official form.
 It is sufficient that the document is given the appearance of, or
made to appear similar to, the official form.
 The simulation of public, official, or mercantile document is also
contemplated in falsification of these documents.
“Shall falsify a document”
 It does NOT specify the kind of document falsified (whether
public, official, private, or commercial)
 When the document is executed with the intervention of a public
officer, employee, or notary public, such document must
necessarily be a public or official document
 Even if the document is originally a private document, if:
1. It is in the official custody of the public officer or
employee, or
2. If it forms part of the official record when it is falsified by
the public officer
Then the crime committed should be punished under Art. 171
Paragraph 1
Counterfeiting, or imitating (feigning) any
Handwriting,
Signature, or
Rubric
What are the 2 ways of committing falsification under par. 1?
1. Counterfeiting –
Imitating any handwriting, signature, or rubric
2. Feigning –
Simulating a signature, handwriting, or rubric out of one which
does NOT in fact exist
What are the requisites of counterfeiting? (I-R)
1. There be an intent to imitate, or an attempt to imitate
o May be shown by a comparison of the handwriting or
signature on the document alleged to have been falsified
with the genuine handwriting or signature supposed to
have counterfeited
o If there is sufficient resemblance between the genuine
and the forged signatures, it can be concluded that the
accused had the intention to imitate such signature
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 2. That the 2 signatures or handwritings, the genuine and the
forged, bear some resemblance to each other
o The resemblance must be such that it is likely to deceive
an ordinary person receiving or dealing with the
document
o The fact of imitating a person’s signature on a check in
such a way that the same, when presented for collection
“might have passed in the rush of business,” although
the handwriting is a little bit different, constitutes
falsification
What if the any of the requisites of counterfeiting is NOT present?
The accused may be found guilty under paragraph 2: causing it to
appear that those persons have participated in the act when they did not
in fact so participate.
What is ‘imitating’ (feigning)?
o To represent by a false appearance, to give a mental existence
to, to imagine
o There is NO original signature, handwriting or rubric, but a forger
of a signature, handwriting or rubric that does not exist
o Making it appear that a person who does not know how to write
has signed the document, may be considered feigning of
signature.
Paragraph 2
Causing it to appear that persons have participated in an act or
proceeding
What are the requisites? (C-N)
1. That the offender caused it to appear in a document that a
person or persons participated in an act or proceeding
2. That such person or persons DID NOT in fact so participate in
the act or proceeding
NOTES:
1. The imitation of the signature of the offended party is NOT
necessary in falsification under this paragraph.
2. People v. Villanueva –
Even if the signatures of Irene Sanchez and Feliciano Isidro had
not been imitated on the money orders, the fact that they were
signed thereon in order to make it appear that they intervened in
the execution thereof in the sense that they received the
corresponding amounts, when they did not in fact intervene or
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receive the amount in question, is sufficient to constitute the
crime of falsification of public documents.
3. The act of falsely impersonating the owner of a piece of land as
vendor in the forged deed of sale would constitute an act of
falsification under paragraph 2 of Art. 171 and may be
punishable under Art. 172, the offender being a private
individual.
4. The placing by the accused of their thumbmarks in the list of
voters opposite the names of the electors who have not actually
voted, thereby making it appear that those electors cast their
votes when they did not in fact vote, is falsification under par. 2,
and the offenders who are private individuals are liable under
Art. 172.
Paragraph 3
Attributing to persons who have participated in any act or proceeding
statements other than those in fact made by them
What are the requisites? (PSA)
1. That a person or persons participated in an act or a proceeding
2. That such person or persons made statements in that act or
proceeding
3. That the offender, in making a document, attributed to such
person or persons statements other than those in fact made by
such person or persons
Paragraph 4
Making untruthful statements in a narration of facts
What are the requisites? (N-LAI)
1. That the offender makes in a document statements in a narration
of facts
2. That he has a legal obligation to disclose the truth of the facts
narrated by him
3. That the facts narrated by the offender are absolutely false, and
4. That the perversion of truth in the narration of facts was made
with the wrongful intent of injuring a third person
NOTES:
1. There must be a narration of facts, not of conclusion of law.
2. There must be a legal obligation on the part of the accused to
disclose the truth of the facts narrated.
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 3. The person making the narration of facts must be aware of the
falsity of the facts narrated by him.
4. If the statements are not altogether false, there being some
colorable truth in such statements, the crime of falsification if
NOT deemed to have been committed.
5. The correction of figures to conform to the actual number of
treasury notes under custody is NOT falsification because it was
made to speak the truth. (Cabiguas v. People)
6. A legal obligation to disclose the truth is inherent in residence
certificates.
7. The perversion of truth in the narration of facts must be made
with the wrongful intent of injuring a third person
8. Wrongful intent is NOT essential when the document falsified is
a public document.
9. There is no falsification by one who acted in good faith (as one
who believed that he was entitled to its ownership)
10. The fact that one’s consent to a contract was obtained by means
of violence does not make the facts narrated therein false since
the signatures of the parties are genuine
What is a ‘legal obligation’?
 There must be a law requiring the disclosure of the truth of the
facts narrated
 If there is no legal obligation to disclose the truth, an untruthful
statement therein no longer constitutes the crime of falsification
perpetrated by making false statements in a narration of facts.
When is there falsification by omission?
People v. Dizon: When the offender intentionally DID NOT record in his
personal account most of the said chits and destroyed them so that he
could avoid paying the amount thereof, is guilty of falsification by
omission.
Paragraph 5
Altering true dates
NOTES:
1. There is falsification only when the date mentioned in the
document is essential.
2. The alteration of the date/s in a document must affect either the:
a. Veracity of the document, or
b. The effects thereof
RAMOS, MARY LOUISE M
TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
3. The alteration of the date of the actual payment of the salary of
the employee did not affect either the veracity of the document or
the effects thereof, such date not being essential.
4. Altering dates in official receipts to prevent the discovery of
malversation is falsification
Essential dates, examples.
1. When the chief of police altered the dates in the police blotter so
as to show that there was delay in the preliminary investigation
of the case
2. Dates of birth
3. Date of marriage
4. Dates of death (without them, the documents CANNOT produce
any legal effect)
Paragraph 6
Making alteration or intercalation in a genuine document which changes
its meaning
What are the requisites? (AG-CF)
1. That there be an alteration (change) or intercalation (insertion) in
a document
2. That it was made on a genuine document
3. That the alteration or intercalation has changed the meaning of
the document
4. That the change made the document speak something false
NOTES:
1. When the accused made such alterations to hide his previously
pending traffic violation cases and thereby avoid immediate
arrest should he be caught committing a 4th traffic violation, he is
guilty of falsification under this paragraph.
2. The word “alteration” has inherent in it the idea of deception – of
making the instrument speak something which the parties did not
intent it to speak
3. To be an alteration in violation of the law, it must be one which
causes the instrument to speak a language different in legal
effect from that which it originally spoke.
4. Alteration which speaks the truth is NOT falsification
5. The alteration must affect the integrity or change the effects of
the document which it would otherwise produce; for, unless that
happens, there could not exist the essential element of the
intention to commit the crime.
CRIMINAL LAW 2
ATTY. TRINIDAD
 6. Altering the grades in exam papers involves several acts of  The idea of gain or the intent to cause damage to a 3rd person is
falsification: NOT necessary, because it is the interest of the community
a. Making alterations on genuine documents which is intended to be guaranteed by the strictest faithfulness of
b. Making it appear that the correctors had participated in the officials charged with the preparation and preservation of the
blotting out the grades and writing new and increased acts in which they intervene
grades opposite their initials, and
c. Attributing to the correctors statements other than those Art. 172. Falsification by private individuals and use of falsified
in fact made by them documents. –
The penalty of prision correccional in its medium and maximum periods
Paragraph 7 and a fine of not more than 5,000 pesos shall be imposed upon:
Issuing in an authenticated form 1. Any private individual who shall commit any of the falsifications
A document purporting to be enumerated in the next preceding article in any public or official
A copy of an original document document or letter of exchange or any other kind of commercial
When no such original exists, or document; and
Including in such a copy a statement 2. Any person who, to the damage of a third party, or with the intent to
Contrary to, cause such damage, shall in any private document commit any of
Or different from, the acts of falsification enumerated in the next preceding article.
That of the genuine original
Any person who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who,, with the intent to cause
NOTES:
such damage, shall use any of the false documents embraced in the next
1. It CANNOT be committee by a private individual or by a notary
preceding article or in any of the foregoing subdivisions of this article,
public or a public officer who does NOT take advantage of his
shall be punished by the penalty next lower in degree.
official positions.
2. The authentication of a document can be made only by the
custodian or the one who prepared and retained a copy of the What are the punishable acts?
original document. 1. Falsification of public, official, or commercial document by a
3. A private person who cooperates with a public officer in the private individual
falsification of a public document is guilty of this crime and incurs 2. Falsification of private document by any person
the same liability and penalty as the public officer 3. Use of falsified document

Purporting to be a copy of an original when no such original exists. Paragraph 1

Example: A notary public made a supposed copy of a deed of sale which Falsification of public,
was never executed and of which he had no copy Official, or
Commercial document
Including in a copy a statement contrary to, or different from, that of By a private individual
the genuine original.
Example: A civil registrar stated in a certified copy of a record of birth What are the elements? (P-A-D)
that the person mentioned therein was legitimate when there was no 1. That the offender is a private individual or a public officer or
such statement in the original. employee who DID NOT take advantage of his official position
2. That he committed any of the acts of falsification enumerated in
Is intent to gain or prejudice necessary? Art. 171.
 NO 3. That the falsification was committed in a public or official or
 It is the official character of the offender which is mainly taken commercial document
into consideration
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
NOTES:
1. The offender should NOT be a public officer, employee, or notary
public, who takes advantage of his public position.
2. The acts of falsification are the same as those in Art. 171
(paragraphs 1-6)
3. The acts of falsification mentioned in paragraph 7 of Art 171
CANNOT be committed by a private individual. Such acts of
falsification can be committed only by a public officer or notary
public who takes advantage of his official position, since the
authentication of a document can be made only by the custodian
or the one who prepared and retained a copy of the original
document.
4. In order that a blank form might come within the purview of Arts.
166, 167, 171, 172,, it is necessary that the blank spaces be
filled and the signature of a party purported to be authorized to
issue it be written by another in the counterfeited instrument.
5. The possessor of a certificate of title is presumed to be the
author of the falsification that made possible the transfer of title.
6. The possessor of a falsified document is presumed to be the
author of the falsification.
7. It is an established rule that when a person has in his possession
a falsified document and makes use of the same, the
presumption or inference is justified that such person is the
forger.
8. However, the accused is entitled to the constitutional resumption
of innocence especially where the evidence on the alleged
forged voucher is extremely doubtful.
9. In paragraph 1, damage or intent to cause damage to another is
NOT necessary. The principal thing punished is the violation of
the public faith and the destruction of the truth as therein
solemnly proclaimed.
10. #9 applies to commercial documents as well because as to this
kind of document, a credit is sought to be protected.
11. Lack of malice or criminal intent is a defense in falsification of
public document.
What are the 4 kinds of documents?
created, executed, or issued by a public
official in response to the exigencies of the
public service, or
in the execution of which a public official
Public document
intervened
any instrument authorized by a notary public
or a competent public official,
RAMOS, MARY LOUISE M
TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
with the solemnities required by law
issued by a public official in the exercise of
the functions of his office
also a public document, falls within the larger
Official document class called pubic documents
document required by a bureau to be filled
by its officers for purposes of its record and
information
a deed or instrument executed by a private
person without the intervention of a notary
public or other person legally authorized,
by which document some disposition or
agreement is proved,
evidenced or set forth
Private document
theater ticket – private document, because it
evidences an agreement for the rent of a
place in the theater to enable a possessor to
witness a theatrical performance
cash disbarment vouchers
any document defined and regulated by the
Commercial document Code of Commerce or any other commercial
law
What are the public and private writings under the Rules of Court?
1. The written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or of a foreign country
2. Documents acknowledged before a notary public except last
wills and testaments
3. Public records kept in the Philippines, of private documents
required by law to be entered therein.
All other writings are private.
Paragraph 2
Falsification of private document
By any person
What are the elements? (A-P-T)
1. That the offender committed any of the acts of falsification,
except those in paragraph 7, enumerated in Art. 171.
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ATTY. TRINIDAD
 2. That the falsification was committed in any private document
3. That the falsification caused damage to a third party or at least
the falsification was committed with intent to cause such damage
Is mere falsification enough?
 NO
 Two things are required:
1) He must have counterfeited the false document
2) He must have performed an independent act which
operates to the prejudice of a third person
“With the intent to cause such damage”
 The offender performs some other independent act in order to
make use of it
 An act which, while it does not result in prejudice to a third party,
has been done nevertheless with the intention of causing such
prejudice
NOTES:
1. It is not necessary that the offender profited or hoped to profit by
the falsification. Although one of the offenders did not personally
profit from the falsification of the private document, he was liable,
as all that the law requires is an intent to prejudice another
person.
2. This crime can exist only if both the fact of falsifying and the
intent to cause damage concur.
Falsification as a necessary means to commit other crimes (such as
estafa, theft, or malversation)
 If it is a necessary means to commit another crime, the two
crimes form a complex crime under Art. 48. The document
falsified must be public, official or commercial because intent to
cause damage is not an element of the falsification.
 Otherwise, if the document that was falsified was a private
document, a complex crime cannot be formed because intent to
cause damage is present in both crimes.
 The intent to defraud in using the falsified private document is
part and parcel of the crime, and cannot give rise to the crime of
estafa, because the damage, if it resulted, was caused by, and
became the element of the crime of falsification of private
document.
 Estafa through falsification of commercial document by reckless
imprudence may be committed as the accused did not take
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
proper and adequate means to assure himself of the identity of
the real claimants as an ordinary prudent man would do.
 There being no evidence that the accused acted with malice in
identifying as the payee of the check a person whom he did not
know, and there being no evidence that he shared in the
proceeds of the check, he was guilty of the crime of falsification
of a commercial document through reckless imprudence, not
estafa through falsification by reckless imprudence.
 If a private document is falsified to obtain from the offended party
the money or other personal property which the offender later
misappropriated, the crime committed is falsification of private
document only.
 If a private document is falsified to conceal the misappropriation
of the money or other personal property which has been in the
possession of the offender, the crime committed is estafa with
abuse of confidence only.
 If the estafa was already consummated at the time of the
falsification of the private document, or if the falsification of a
private document was committed for the purpose of concealing
the estafa, the falsification is not punishable, because as regards
the falsification of the private document, there no damage or
intent to cause such damage.
Falsification through reckless imprudence
The director of a hospital was liable upon signing a bill wherein it
appeared that a patient was hospitalized for 31 days when said patient
was confined there for only 6 days and collected P310, replying entirely
upon his personnel’s reports, without in any way checking them or
having someone check them for him.
The chief clerk of the municipal treasurer’s office, acting as local civil
register, was not guilty of this crime as he had a right to rely on his
subordinate employee and it was not necessary for him to compare the
copy with the original entry in the registry of births.
Is there falsification of private document through reckless imprudence?
 NO
 Since in falsification of a private document, there is at least intent
to cause such damage, that is, there must be malice, and
falsification through imprudence implies lack of such intent or
malice, there is no such crime as falsification of a private
document through negligence or reckless imprudence.
CRIMINAL LAW 2
ATTY. TRINIDAD
NOTES: 3. That he used such document (not in judicial proceedings)
1. When the private document was falsified before it becomes part 4. That the use of the false document caused damage to another or
of the official record, the crime would be falsification of private at least it was used with intent to cause such damage
document only.
2. The crime is falsification of a public document, even if the NOTES:
falsification took place before the private document becomes 1. Damage is NOT necessary in the crime of introducing in judicial
part of the public records. It seems that if the document is proceeding a false document.
intended by law to be part of the public or official record, the 2. Use of falsified document in proceeding not judicial, requires at
preparation of which being in accordance with the rules and least intent to cause damage.
regulations issued by the Government, the falsification of that 3. Use of false document is not necessarily included in the crime of
document, although it was a private document at the time of its falsification.
falsification, is regarded as falsification of a public or official
document. When is the user of the falsified document deemed the author of the
3. Generally, falsification has no attempted or frustrated stage. falsification?
1. If the use was so closely connected in time with the falsification
Falsification of Public or Official Falsification of Private Docs 2. The user had the capacity of falsifying the document
the principal thing punished is the prejudice to a third party is
violation of public faith and the primarily taken into account so Art. 173. Falsification of wireless, cable, telegraph, and telephone
perversion of truth which the that if such damage is not messages, and use of said falsified message. –
document solemnly proclaims, apparent, or there is at least no The penalty of prision correctional in its medium and maximum periods
and for this reason it is immaterial intention to cause it, the shall be imposed upon any officer or employee of the Government or of
whether or not some prejudice falsification is not punishable any private corporation or concern engaged in the service of sending or
has been caused to third persons receiving wireless, cable, telegraph, or telephone messages who utters a
fictitious wireless, telegraph, or telephone message of any system or
Paragraph 3 falsifies the same.
Use of falsified document
Any person who shall use such falsified dispatch to the prejudice of a
third party or with the intent to cause such prejudice, shall suffer the
Two kinds: penalty next lower in degree.
1. Introducing in a judicial proceeding
2. Use in any other transaction What are the punishable acts?
1. Uttering fictitious wireless, telegraph, or telephone message
What are the elements of introducing in a judicial proceeding? (K-E-J)
2. Falsifying wireless, telegraph, or telephone message
1. That the offender knew that a document was falsified by another
3. Using such falsified message
person
2. That the false document is embraced in Art. 171 or in any
subdivisions 1 or 2 of Art. 172 Paragraph 1
3. That he introduced said document in evidence in any judicial Uttering fictitious message or falsifying the same
proceeding
What are the elements? (O-Auf)
What are the elements of use in any other transaction? (K-E-U-D) 1. That the offender is an officer or employee of the Government or
1. That the offender knew that a document was falsified by another an officer or employee of a private corporation engaged in the
person service of sending or receiving wireless, cable, or telephone
2. That the false document is embraced in Art. 171 or in any of message
subdivision 1 or 2 of Art. 172 2. That the offender commits any of the following acts:
RAMOS, MARY LOUISE M CRIMINAL LAW 2
TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
 a. Uttering fictitious wireless, cable, telegraph, or telephone
message, or
b. Falsifying wireless, cable, telegraph, or telephone
message
Paragraph 2
Use of said falsified messages
What are the elements? (KUP)
1. That the accused knew that wireless, cable, telegraph, or
telephone was falsified by any of the persons specified in the first
paragraph of Art. 173
2. That the accused used such falsified dispatch
3. That the use of the falsified dispatch resulted in the prejudice of
a third party, or that the use thereof was with intent to cause
such prejudice
NOTES:
1. A private individual cannot be a principal by direct participation
under Art. 173. But a private individual can be held criminally
liable as principal by inducement.
2. If he knowingly uses any falsified telegraph, wireless, or
telephone messages to the prejudice of a third person, or with
intent to cause such damage, it is NOT necessary that he be
connected with such corporation.
Art. 174. False medical certificates, false certificates of merits or
service, etc. –
Who are the persons liable?
1. False Medical Certificate by a physician - Physician or
surgeon who, in connection with the practice of his profession,
issued a false certificate. It must refer to the illness or injury of a
person.
2. False Certificate of Merit or Service by a public officer –
Public officer who issued a false certificate of merit or service,
good conduct or similar circumstances.
3. False Medical Certificate or Certificate of Merit or Service by
a private individual – private individual who falsified a certificate
falling in the classes under 1 and 2.
Art. 175. Using false certificates. –
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
What are the elements? (P-K-U)
1. That a physician or surgeon had issued a false medical
certificate, or a public officer had issued a false certificate of
merit or service, good conduct, or similar circumstances, or a
private person had failed any of said certificates
2. That the offender knew that the certificate was false
3. That he used the same
When any of the false certificates mentioned in Art. 174 is used in the
judicial proceeding, Art. 172 does not apply, because the use of false
document in judicial proceeding under Art. 172 is limited to those false
documents embraced in Art. 171 and 172.
Art. 176. Manufacturing and possession of instruments or
implements for falsification. –
The penalty of prision correccional in its medium and maximum periods
and a fine not to exceed 10,000 pesos shall be imposed upon any
person who shall make or introduce into the Philippine Islands any
stamps, dies, marks, or other instruments or implements intended to be
used in the commission of the offenses of counterfeiting or falsification
mentioned in the preceding sections of this chapter.
Any person who, with the intention of using them, shall have in his
possession any of the instruments or implements mentioned in the
preceding paragraph, shall suffer the penalty next lower in degree than
that provided therein.
What are the punishable acts? (M-P)
1. Making or introducing into the Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting or
falsification
2. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the
Philippines by another person
Do the implements confiscated need to form a complete set?
 NO
 It is enough that they may be employed by themselves or
together with other implements to commit the crime of
counterfeiting or falsification.
NOTES:
1. Constructive possession, or the subjection of the thing to one’s
control, is also punishable.
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ATTY. TRINIDAD
 2. When the vendor must demonstrate how counterfeiting is done,
the vendor is also liable, although not in the vehicle, because he
is still in constructive possession of the articles and the same still
legally subject to his control.
Art. 177. Usurpation of authority or official functions. –
What are the 2 offenses contemplated?
1. Usurpation of authority
2. Usurpation of official functions
What are the 2 ways of committing Art. 177?
1. By knowingly and falsely representing oneself to be an officer,
agent, or representative of any department or agency of the
Philippine Government or any foreign government
NOTE: The mere act of knowingly and falsely representing
oneself to be an officer, etc. is sufficient. It is NOT necessary that
he performs an act pertaining to a public officer.
2. By performing any act pertaining to any person in authority or
public officer of the Philippine Government or of a foreign
government or any agency thereof under pretense of official
position and without being lawfully entitled to do so
NOTE: It is essential that the offender should have performed an
act pertaining to a person in authority or public officer, in addition
to other requirements.
NOTES:
1. There must be positive, express, and explicit representation.
2. The crime is NOT committed if the accused merely did not deny
that he was an agent of the Philippine Government when
introduced as such.
3. It is NOT necessary that the offender should falsely represent
himself to be an officer, agent, or representative of any
department or agency of the government. Even in the absence of
evidence that the accused represented himself as a police
officer, his acts in blowing his whistle, stopping buses and
ordering drivers to step down their passenger vehicles and
produce their driver’s licenses, sufficiently establish his
culpability for the crime of usurpation of official functions under
Art. 177.
4. Art. 177 may be violated by a public officer.
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
5. The article penalizes all kinds of usurpation of official functions
by officers of one of the 3 departments of government with
functions of officials of another departments.
6. Said articles do NOT cover usurpation of one officer or employee
of a given department of the powers of another officer in the
same department.
7. An additional penalty for usurping the authority of diplomatic or
consular or any other official of a foreign government is imposed.
The offender must have the intent to defraud.
8. The act performed, without the offender being lawfully entitled to
do so, must pertain to
a. The Government, or
b. To any person in authority, or
c. To any public officer
9. The government agency, person in authority, or public official
must be specified.
Art. 177 does NOT apply to occupant under color of title.
 It punishes the usurper or one who acts under false pretenses
and not the occupant under color of title
 Usurper – one who introduces himself into an office that is
vacant, or who, without color of title, ousts the incumbent and
assumes to act as an officer by exercising some of the functions
of the office
Art. 178. Using fictitious name and concealing true name. –
What are the elements of using fictitious name? (UPP)
1. That the offender uses a name other than his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is – (C-E-C)
a. To conceal a crime
b. To evade the execution of a judgment, or
c. To cause damage to public interest
What is a fictitious name?
Any other name which a person publicly applies to himself without
authority of law is a fictitious name.
NOTES:
1. If the purpose is for causing damage, it must be damage to
public interest.
If it is damage to private interest, the crime will be estafa.
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ATTY. TRINIDAD
 2. Signing fictitious name in an application for passport is publicly
using such fictitious name.
To evade the execution of judgment or to conceal a crime.
 Where a person takes the place of another who has been
convicted by final judgment, he is guilty of using a fictitious name
punishable under Art. 178, and NOT the evasion of the service of
the sentence, because the real convict alone is guilty thereof.
 Such person is also liable for delivering prisoners from jail under
Art. 156 by helping the escape of the real convict by other
means.
 The prisoner who is replaced must necessarily use the name of
another, and in this case he is also guilty of using a fictitious
name to evade the execution of the judgment against him.
 The one who takes his place has to use a fictitious name to
conceal the crime of delivering a prisoner from jail.
What are the elements of concealing true name? (C-I)
1. That the offender conceals (T-O)
a. His true name, and
b. All other personal circumstances
2. That the purpose is only to conceal his identity
Use of fictitious name Concealing true name
element of publicity is present NOT present
purpose is any of those purpose is merely to conceal
enumerated identity
NOTES:
1. The required publicity in the use of alias is more than mere
communication to a third person. To be considered public, it
must be made:
a. Openly
b. In an open manner or place, or
c. To cause it to become generally known
2. To be liable under CA 142, the intent to publicly use the alias
must be manifest.
Art. 179. Illegal use of uniforms or insignia. –
The penalty of arresto mayor shall be imposed upon any person who
shall publicly and improperly make use of insignia, uniforms or dress
pertaining to an office not held by such person or to a class of persons of
which he is not a member.
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
Art. 180. False testimony against a defendant. –
Any person who shall give false testimony against the defendant in any
criminal case shall suffer:
1. The penalty of reclusion temporal if the defendant in said case has
been sentenced to death
2. The penalty of prision mayor if the defendant shall have been
sentenced to reclusion temporal or perpetua
3. The penalty of prision correccional, if the defendant shall have been
sentenced to any other afflictive penalty
4. The penalty of arresto mayor if the defendant shall have been
sentenced to a correctional penalty or a fine, or shall have been
acquitted.
In cases provided in subdivisions 3 and 4 of this article the offender shall
further suffer a fine not to exceed 1,000 pesos.
What are the elements? (CT-KA)
1. That there be a criminal proceeding
2. That the offender testifies falsely under oath against the
defendant therein
3. That the offender who gives false 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 judgment
NOTES:
1. The penalty depends upon the sentence of the defendant
against whom false testimony was given.
2. If the accused is convicted and sentenced to death and the
witness is prosecuted and convicted, the penalty to be imposed
on that false witness is reclusion temporal.
On the other hand, if the accused is acquitted, the penalty to be
imposed on the false witness is arresto mayor.
3. Defendant must be sentenced at least to:
a. A correctional penalty, or
b. A fine, or
c. Must be acquitted
If accused is convicted to arresto menor, the witness is not guilty
of false testimony.
4. The witness who gave false testimony is liable even if his
testimony was not considered by the court.
Art. 181. False testimony favorable to the defendant. –
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Any person who shall give false testimony in favor of the defendant in a
criminal case, shall suffer the penalties of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not to
exceed 1,000 pesos if the prosecution is for a felony punishable by an
afflictive penalty, and the penalty of arresto mayor in any other case.
NOTES:
1. While false testimony in favor of an accused may be less
obnoxious than false testimony against him, both forms of false
testimony are equally repugnant to the orderly administration of
justice, and deserve to be rigorously repressed.
2. False testimony is punished not because of its effect it actually
produces, but because of its tendency to favor or to prejudice
the defendant.
3. A witness who falsely testified that he neither saw nor was
present at the killing of the deceased, is guilty of false testimony
because by not testifying for the prosecution, he favored the
accused.
4. The false testimony in favor of defendant need not directly
influence the decision of acquittal.
5. The false testimony favorable to the defendant need not benefit
the defendant.
Under Article 81, it is sufficient that the false testimony was given
with intent to favor the defendant. Such intent is indicated by the
repeated statement of the accused that he was no interested in
the prosecution of the defendant in the criminal case where he
gave the false testimony.
6. A statement by a witness that he is an expert in handwriting is a
statement of a mere opinion, the falsity of which is not sufficient
to convict him. Upon such statement, he is not allowed to testify
as an expert. He is required to give the experience which he has
had in the art in question.
If it is his testimony relative to his experience which is false, this
not being a statement of mere opinion, he may be liable.
7. The conviction of acquittal of defendant in principal case is not
necessary.
It is sufficient that the defendant in the principal case prosecuted
for a felony punishable by afflictive penalty or by other penalty.
But the gravity of the crime for which the defendant was
prosecuted in the case where the false testimony was given
should be shown in order to determine the proper penalty to be
imposed on the false witness.
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
8. The defendant who falsely testified in his own behalf in a criminal
case is guilty of false testimony favorable to the defendant.
US vs. Soliman: It must not be forgotten that the right of an
accused person to testify in his own behalf is secured to him, not
that he may be enabled to introduce false testimony into the
record, but to enable him to spread upon the record the truth as
to any matter within his knowledge which will tend to establish
his innocence.
9. It would seem that the ruling in Soliman should apply only when,
as in that case, the defendant voluntarily goes upon the witness
stand and falsely imputes to some other person the commission
of a grave offense. If he merely denies the commission of the
crime or his participation therein, he should not be prosecuted for
false testimony.
10. Rectification made spontaneously after realizing the mistake is
not false testimony.
Art. 182. False testimony in civil cases. –
Any person found guilty of false testimony in a civil case shall sufer the
penalty of prision correccional in its minimum period and a fine not to
exceed 6,000 pesos, if the amount in controversy shall exceed 5,000
pesos; and the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to exceed 1,000 pesos
if the amount in controversy shall not exceed said amount of cannot be
estimated.
What are the elements? (C-R-F-K-I)
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said
case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant
knowing the same to be false.
5. That the testimony must be malicious and given with an intent to
affect the issues presented in said case.
NOTES:
1. This is NOT applicable when the false testimony is given in
special proceedings such as the summary settlement of estates
of small value. This applies only to ordinary civil cases.
2. “actions” (civil) – an ordinary suit in a court of justice, by which
one party prosecutes another for the enforcement or protection
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 of a right, or the prevention or redress of a wrong. Every other
remedy is a special proceeding.
3. Example: When the witness testified under oath that he paid him
the amount but the receipt was not genuine and he did not pay
the amount.
4. False testimony must first be established.
It is only after trial that the RTC can assess the veracity or falsity
of the testimony and correspondingly render a decision. The civil
case is so intimately connected with the subject crime that it is
determinative of the guilty or innocence of the respondents in the
criminal cases. Whether or not the testimonies of private
respondents in the civil cases are false is a prejudicial question.
Pending determination of the falsity of the subject testimonies of
private respondents in the civil case, the criminal action for false
testimony must perforce be suspended.
What is an oath?
Any form of attestation
By which a person signifies that he is bound in conscience
To perform an act faithfully and truthfully.
It involves the idea of calling on God to witness what is averred as truth,
And it is supposed to be accompanied with an invocation of His
vengeance, or a renunciation of His favor, in the event of falsehood.
What is an affidavit?
A sworn statement in writing
A declaration in writing, made upon oath before an authorized magistrate
or officer (Justice of the Peace/Municipal Mayor)

Art. 183. False testimony in other cases and perjury in solemn What is material matter?
affirmation. –  The main fact which is the subject of the inquiry
The penalty of arresto mayor in its maximum period to prision  Any circumstance which tends to prove that fact
correccional in its minimum period shall be imposed upon any person  Any fact or circumstance which tends to
who, knowingly making untruthful statements and not being included in o corroborate or strengthen the testimony relative to the
the provisions of the next preceding articles, shall testify under oath, or subject of inquiry, or
make an affidavit, upon any material matter before a competent person o which legitimately affects the credit of any witness who
authorized to administer an oath in cases in which the law so requires. testifies
 the test of materiality is whether a false statement can influence
Any person who, in case of a solemn affirmation made in lieu of an oath, the tribunal, not whether it does or could probably influence the
shall commit any of the falsehoods mentioned in this and the three result of the trial
preceding articles of this section, shall suffer the respective penalties
provided therein. when it is directed to prove a fact in
material
issue
What are the 2 ways of committing perjury? when it tends in any reasonable degree
1. By falsely testifying under oath (should NOT be in a judicial relevant to establish the probability or
proceeding) improbability of a fact in issue
2. By making a false affidavit when it concerns collateral matters
pertinent which make more or less probable the
What are the elements of perjury? (SCAR) proposition at issue
1. That the accused made a statement under oath or executed an
affidavit upon a material matter NOTES:
2. That the statement or affidavit was made before a competent 1. A false affidavit to a criminal complaint may give rise to perjury.
officer, authorize to receive and administer oath 2. Where materiality is a statutory element of the crime, it is settled
3. That in that statement or affidavit, the accused made a willful and that there must be competent proof of the materiality of the false
deliberate assertion of a falsehood, and testimony
4. That the sworn statement or affidavit containing the falsity is 3. No perjury if sworn statement is not material to the principal
required by law matter under investigation

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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
 4. In order that perjury could exist, it is necessary that the false
statement of the accused refers to material matter and not
merely to facts pertinent to the case in connection with which it
was made
5. There is NO perjury through negligence or imprudence
6. Good faith or lack of malice is a defense in perjury
Who is a competent person authorized to administer an oath?
 A person who has a right to inquire into the questions presented
to him upon matters under his jurisdiction
 There is no perjury if the defendant subscribed and swore before
a clerk in treasurer’s office
Is it necessary that there be a specific provision of law requiring the
affidavit or sworn statement to be made?
YES. Examples:
1. In a preliminary investigation of a criminal case all the witnesses,
including the complainant, must be examined under oath
(Revised Administrative Code)
2. Affidavit attached to the petition for receivership
3. Affidavit attached to complaint for ejectment
4. Affidavit for application for marriage license
People vs. Angangco – “requires” may be given the meaning
“authorizes.” Hence, the 4th element may be read that “the sworn
statement containing the falsity is authorized by law.”
Hence, even if there is no law requiring the statement to be made under
oath, as long as it is made for a legal purpose, it is sufficient. It is
sufficient that the oath had been administered with a view of carrying into
effect a legal purpose intended.
What is the policy of the law on perjury?
Judicial proceedings and judgment shall be fair and free from fraud, and
that litigants and parties be encouraged to tell the truth and that they be
punished if they do not.
“Not being included in the provisions of the next preceding articles”
 Perjury is a crime other than false testimony in criminal cases or
false testimony in civil cases, which are perversions of truth in
judicial proceedings
 Perjury is an offense which covers false oaths other than those
taken in the course of judicial proceedings
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
 False testimony before the justice of the peace or fiscal during
the preliminary investigation may give rise to the crime of perjury,
because false testimony in judicial proceedings contemplates an
actual trial where a judgment of conviction or acquittal is
rendered
Are two contradictory sworn statements sufficient to convict of perjury?
 NO
 The prosecution must prove which of the 2 statements is false,
and must show that statement to be false by other evidence than
the contradictory statement.
 If his testimony before the fiscal is false, it is perjury.
 If his testimony before the court is false, it is false testimony in a
judicial proceeding
How is subornation of perjury committed?
By a person who knowingly and willfully procures another to swear
falsely and the witness suborned does testify under circumstances
rendering him guilty of perjury
Subornation of perjury is not expressly penalized in the RPC, but the
direct induction of a person by another to commit perjury may be
punished under Art. 183 in relation to Art. 17 a principal by inducement.
Art. 184. Offering false testimony in evidence. –
Any person who shall knowingly offer in evidence a false witness or
testimony in any judicial or official proceeding, shall be punished as guilty
of false testimony and shall suffer the respective penalties provided in
this Section.
What are the elements? (O-K-J)
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 official proceeding
NOTES:
1. Offer of evidence begins the moment a witness is called to the
witness stand and interrogated by counsel. The witness must
have to testify.
2. The person who presented a false witness may be liable for
attempted offering false testimony in evidence if the false witness
did not testify on any material matter because the latter desisted
from testifying.
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 Even if there was conspiracy between the false witness and the
party who presented him, the witness having desisted before he
could testify is not liable (absolutory cause.) The party who
presented him, not having desisted, is criminally liable.
3. Art. 184 applies when the offender does not induce a witness to
testify falsely. It contemplates of a case where a person, without
inducing another, but knowing him to be a false witness,
presented him, and the latter testified falsely in a judicial or
official proceeding.
4. The penalty is that for false testimony if committed in a judicial
proceeding or that for perjury if committed in other official
proceedings.

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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
 Second punishable act
By attempting to cause bidders
To stay away from an auction
Art. 185. Machinations in public auctions. – By threats,
Any person who shall solicit any gift or promise as a consideration from Gifts,
refraining from taking part in any public auction, and any person who Promises, or
shall attempt to cause bidders to stay away from an auction by threats, Any other artifice
gifts, promises, or any other artifice, with intent to cause the reduction of
the price of the thing auctioned, shall suffer the penalty of prision
correccional in its minimum period and a fine ranging from 10 to 50 per What are the elements? (PATI)
1. That there be a public auction
centum of the value of the thing auctioned.
2. That the accused attempted to cause the bidders to stay away
from that public auction
What are the punishable acts?
3. That it was done by threats, gifts, promises, or any other artifice
1. By soliciting any gift or promise as a consideration for refraining
4. That the accused had the intent to cause the reduction of the
from taking part in any public auction
price of the thing auctioned
2. By attempting to cause bidders to stay away from an auction by
threats, gifts, promises, or any other artifice
NOTES:
1. “Other artifice” – by tricks, such as telling them that the public
First punishable act bidding would not be held at that time to make them go away,
By soliciting any gift or promise knowing that the bidding would not be postponed
As a consideration 2. Mere attempt consummates the crime. The threat need NOT be
For refraining from taking part in any public auction effective nor the offer or gift accepted for the crime to arise.

What are the elements? (PS-CI) What is the reason for the provision?
1. That there be a public auction Execution sales should be opened to free and full competition in order to
2. That the accused solicited any gift or a promise from any of the secure the maximum benefit for the debtors.
bidders
3. That such gift or promise was the consideration for his refraining Art. 186. Monopolies and combinations in restraint of trade. –
from taking part in that public auction
4. That the accused had the intent to cause the reduction of the What are the punishable acts?
price of the thing auctioned By entering into any contract or agreement
or taking part in any conspiracy or
NOTES: Combination to prevent
combination in the form of a trust or
1. It is consummated by mere solicitation. free competition in the
otherwise, in restraint of trade or
2. It is not required that the person making the proposal actually market
commerce or to prevent by artificial means
refrains from taking part in any public auction. free competition in the market
3. If the person to whom the solicitation is made agrees to pay or By monopolizing any merchandise or
gives the gift or makes a promise, then he will be a principal in object of trade or commerce, or
the crime, his act will be similar to the second way of committing By combining with any other person or
the crime. Monopoly to restrain
persons to monopolize said merchandise
free competition in the
or object in order to alter the prices thereof
market
by false rumors or making use of any other
artifice to restrain free competition in the
market
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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
 Persons liable: (a) The undue accumulation by a person or
(1) Manufacturer combination of persons of any basic
(2) Producer commodity beyond his or their normal inventory
(3) Processor levels
(4) Importer of any merchandise or (b) The unreasonable limitation or refusal to
object of commerce dispose of, sell or distribute the stocks of any
Manufacturer, producer, Hoarding
basic necessity of prime commodity to the
or processor or
The crime is committed by: general public
importing combining,
(1) Combining (c) The unjustified taking out of any basic
conspiring, or agreeing
(2) Conspiring, or necessity or prime commodity from the
with any person to make
(3) Agreeing with any person channels of reproduction, trade, commerce,
transactions prejudicial
and industry
to lawful commerce or to
The purpose is: the sale or offering for sale of any basic necessity
increase the market
(1) To make transactions prejudicial to Profiteering or prime commodity at a price grossly in excess of
price of merchandise
lawful commerce, or its true worth
(2) To increase the market price of any combination of or agreement between 2 or
any merchandise or object of more persons engaged in the production,
commerce manufactured, manufacture, processing, etc. of any basic
produced, processed, assembled, Cartel
necessity or prime commodity designed to
or imported into the Philippines artificially and unreasonably increase or manipulate
its price
Theory of the law: Competition, not combination, should be the law of
the trade. Art. 187. Importation and disposition of falsely marked articles or
merchandise made of gold, silver, or other precious metals or their
NOTES: alloys. –
1. Any property possess under any contract or combination
contemplated in this article shall be forfeited to the Government. What are the articles or merchandise involved?
2. Mere conspiracy or combination is punished. Those made of –
3. If the offense affects any food substance, motor fuel or 1. Gold
lubricants, or other article of prime necessity, it is sufficient that 2. Silver
initial steps have been taken toward carrying out the purposes of 3. Other precious metals, or
combination 4. Their alloys
4. When the offense is committed by a corporation or association,
the president and directors or managers are liable when they What are the elements? (IFK)
a. Knowingly permitted, or 1. That the offender imports, sells, or disposes of any of these
b. Failed to prevent the commission of such offense articles or merchandise
2. That the stamps, brands, or marks of those articles of
“The Price Act” merchandise fail to indicate the actual fineness or quality of said
RA 7581 – declares it unlawful for any person habitually engaged in the metals or alloys
production, manufacture, importation storage, transport, distribution, 3. That the offender knows that the stamps, brands, or marks fail to
sale, or other methods of disposition of goods to engage in the following indicate the actual fineness or quality of the metals or alloys
acts of price manipulation of the price of any basic necessity or prime
commodity

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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD
NOTES:
1. Selling the misbranded articles is NOT necessary. But there
must be evidence showing that the articles were imported.
2. It does NOT apply to manufacturer or misbranded articles made
of gold, silver, etc.
3. The manufacturer who alters the quality or fineness of anything
pertaining to his art or business is liable for estafa.

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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST ATTY. TRINIDAD