CRIMES AGAINST PUBLIC INTEREST

FORGERIES

Acts Punishable:
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

USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:

ELEMENTS:
1. That the 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 forgery
3. That he used the counterfeit seal or forged signature or stamp

*The offender must not be the forger; otherwise, the crime committed is forgery
under Art. 161.

COUNTERFEITING COINS

Counterfeiting- the imitation of a legal or genuine coin. There is counterfeiting when a

spurious coin is made. There must be an imitation of the peculiar design of a genuine
coin.

MAKING OR IMPORTING OF FALSE COIN

ELEMENTS:
1. There must be false or counterfeited coins
2. The offender either made, imported, or uttered such coins
3. In case of Uttering such false or counterfeited coins, he connived with
counterfeiters or importers

MUTILATION OF COINS
PUNISHABLE ACTS:
1. Mutilating coins of legal currency, with the intent to damage or to
defraud another
2. Importing or uttering such mutilated coins, with further requirement that
there must be connivance with the mutilator or importer in case of
uttering
MUTILATION- to take off part of the metal either by filing it or by substituting iot for
another metal of inferior quality

Mutilating a foreign coin is not a crime of mutilation under the Revised Penal Code since
the coin mutilated is not legal tender.

SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

ACTS PUNISHABLE:
1. Possession of coin, counterfeited or mutilated by another, although
without connivance, with intent to utter the same knowing that it is false
or mutilated;
2. Actually uttering false or mutilated coin, knowing it to be false or
mutilated

FORGERY:
2 WAYS COMMITTED:
1. By giving to a treasury or bank note or any instrument payable to
bearer or to order the appearance of a true and genuine document
2. By erasing, substituting, counterfeiting, or altering by any means, the
figures, letters, words, or signs contained therein.

FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES,

IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND
SECURITIES

ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank notes or other obligations and
securities payable to bearer
2. Importation of the same such that they are brought into the Philippines and
presupposes that the obligations or notes are forged or falsified in a foreign
country.
3. Uttering the same in connivance with forgers and importers: it means offering
obligations or notes knowing them to be false or forged, whether such offer is
accepted or not, with a representation, by words or actions, that they are
genuine and with an intent to defraud.

COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE

TO BEARER

ELEMENTS:
 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 importer or forger

ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND

OTHER INSTRUMENTS OF CREDIT

ELEMENTS:
1. That the treasury or bank note or certificate or other obligation and
securities payable to bearer or any instrument payable to order ot other
document of credit not payable to bearer is forged or falsified by
another
2. The offender knows that any of these instruments is forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments
b. Possession with intent to use of any of the forged or falsified
documents

KINDS OF DOCUMENTS FOR PURPOSES OF FALSIFICATION:

1. PUBLIC DOCUMENTS:
a. Public Documents Proper- 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 intervened
b. Official Documents- documents in the execution of which public
officers take part virtue office or any document which has to become
part of public records
c. Private documents punished as falsification of public documents:
i. When acknowledged before a notary public
ii. When intended to be a part of the public or official record

2. PRIVATE DOCUMENTS- are deeds or instruments executed by private

persons without the intervention of a notary public or other person legally
authorized, by which a document some disposition or agreement is proved,
evidenced or set forth.
3. COMMERCIAL DOCUMENTS- are those used by merchants or business
persons to promote or facilitate trade or credit transactions.

*Forgery under Art. 169 refers to the falsification and counterfeiting of treasury or bank
notes or any instruments payable to bearer or order while falsification is the commission
of any of the eight acts mentioned in Art. 171 on legislative, public, or official,
commercial, or private documents or wireless, or telegraph messages
FALSIFICATION OF LEGISLATIVE DOCUMENTS:
ELEMENTS:
1. That there be a Bill, resolution, or ordinance enacted by or approved or
pending approval by either House of the Legislative or any provincial
board or municipal council
2. The Offender alters the same
3. That he has no proper authority therefor
4. That alternation changed the meaning of the document

FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY, OR

ECCLESIASTICAL MINISTER
ELEMENTS:
1. That the offender is a Public Officer, employee, Notary Public, or
Ecclesiastical minister
2. That he takes advantage of his official position
3. The offender falsifies a document
4. In case the offender is an ecclesiastical minister, the act of falsification
is committed with respect to any record or document of such character
that its falsification may affect the civil status of persons

ARIAS DOCTRINE/PRINCIPLE
- All heads of offices have a right to rely to a reasonable extent on their
subordinate and on the good faith of those who prepared the
documents, and are not liable for the falsification. However, where
there is a clear evidence of conspiracy with the authors or if through
their negligence, they brought about the commission of the crime, he
will be liable as co-principal.

*A private person who cooperates with a public officer in the falsification of a public
document is guilty of this crime and incurs the same liability and penalty as the public
officer

*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.

*For there to be falsification by (1) making alteration or intercalation or (2) including in a

copy a different statement, there must be a genuine document that is falsified. In other
paragraphs of Art. 171, falsification may be committed by simulating or fabricating a
document.
DIFFERENT MODES OF FALSIFYING A DOCUMENT UNDER ART. 171:

1. Counterfeiting or imitating any handwriting, signature, or rubric

2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them
4. Making untruthful statements in a narration of facts
5. Altering true dates
6. Making any alteration or intercalation in a genuine document which changes
its meaning
7. 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
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book.

FALSIFICATION BY COUNTERFEITING OR IMITATING (FEIGNING) ANY

HANDWRITING, SIGNATURE, OR RUBRIC

ELEMENTS:
1. There be an intent to imitate or an attempt to imitate
2. The two signatures or handwriting, the genuine and the forged, bear
some resemblance to each other

FALSIFICATION BY CAUSING IT TO APPEAR THAT PERSONS HAVE

PARTICIPATED IN AN ACT OR PROCEEDING WHEN THEY DID NOT IN FACT SO
PARTICIPATE

ELEMENTS:
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 persons did not in fact so participate in the act or proceeding

*The imitation of the signature of the offended party is not necessary in

this mode of falsification.

FALSIFICATION BY ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN

ANY ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE
BY THEM

ELEMENTS:
1. That persons participated in an act or proceeding
 2. That such person or persons made statements in that act or
proceeding
3. The offender in making a document, attributed to such person,
statements other than those in fact made by such person

FALSIFICATION BY MAKING UNTRUTHFUL STATEMENTS IN NARRATION OF

FACTS:

ELEMENTS:
1. That the offender makes in a document statements in a narration of
facts
2. That he has the Legal obligation to disclose the truth of the facts
narrated by him
3. That the facts narrated by the offender are absolutely false
4. That the perversion of truth in the narration of facts was made with the
wrongful intent of injuring a third person

*If the narration of facts is contained in an affidavit or a statement required by law to be

sworn to, the crime committed is perjury.

FALSIFICATION (ALTERING TRUE DATE)

-When the date mentioned in the document is ESSENTIAL.

FALSIFICATION BY MAKING ALTERATIONS OR INTERCALATIONS IN GENUINE

DOCUMENT:

ELEMENTS:
1. There be an Alteration (change) or Intercalation (insertion) on a
document
2. That it was made on a genuine document
3. The change made the document speaks of something false.

*Alteration which speaks the truth is not falsification.

FALSIFICATION UNDER ART. 171 (7)

ACTS PUNISHABLE:
1. Issuing in authenticated form a document purporting to be a copy of an
original document when no such original exists
2. Including in such a copy a statement contrary to, or different from, that
of the genuine original
 *The acts of falsification mentioned in this paragraph cannot be committed by a
private individual or by a notary public or a public officer who does not take
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

FALSIFICATION OF PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

ACTS PUNISHABLE:
1. Falsification of public, official, or commercial document by a private
individual
a. The offender is a private individual or a public officer or
employee who did not take advantage of his official position
b. That he committed any of the acts of falsification enumerated in
Art. 171 (1-6)
c. That the falsification was committed in a public or official or
commercial document

2. Falsification of private document by any person

a. The offender committed any of the acts of falsification except
those in par. 7, enumerated in Art. 171
b. That the falsification was committed in a private document
c. That the falsification caused damage to a third party or at least
the falsification was committed with intent to cause damage

3. Use of falsified documents

INTRODUCED IN A JUDICIAL PROCEEDING
a. The offender knew that the document was falsified by another
person
b. The false document was embraced under Art. 171 or in
subdivision No. 1 and 2 of Art. 172
c. That he introduced said document in evidence in any Judicial
proceeding

USED IN ANY OTHER TRANSACTION:

a. The offender knew that the document was falsified by another
person
b. The false document was embraced under Art. 171 or in
subdivision No. 1 and 2 of Art. 172
c. That he used such document not in a Judicial Document
d. That the use of the false document caused damage to another
or at least it was used with intent to cause damage
REQUISITES FOR THE CRIME OF FALSIFICATION OF A PRIVATE DOCUMENT BE
CONSUMMATED:

1. He must have falsified the same

2. He must have performed an independent act on the falsified document which
operates to the prejudice of third persons

*There is no complex crime of estafa through falsification of a private document

because the immediate effect of falsification of private document is the same as that of
estafa. If the falsification of a private document is committed as a means to commit
estafa, the proper crime to be charged is falsification. If the estafa can be committed
without the necessity of falsifying a document, the proper crime to be charged is estafa.

*The essential difference between falsification of private documents and that of public or
official documents lies in the fact that while in the former, the prejudice to a third party is
primarily taken into account so that if such damage is not apparent, or there is at least
no intention to cause it, the falsification is not punishable. In the latter, that is, in the
falsification of public or official documents, the principal thing punished is the violation of
public faith and the perversion of truth which is the document solemnly proclaims, and
for this reason, it is immaterial whether or not some prejudice has been caused to third
persons.

FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE

MESSAGES AND USE OF SAID FALSIFIED MESSAGES

ACTS PUNISHABLE:
1. Uttering fictitious wireless, telegraph, or telephone message
a. The 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 message
b. The offender utters fictitious wireless cable, telegraph, or telephone
message

2. Falsifying wireless, telegraph or telephone messages

a. The offender is an officer or employee of the government or an officer
or an employee of a private corporation , engaged in the service of
sending or receiving wireless, cable or telephone message
b. That he falsifies wireless, cable or telephone messages

3. Using such falsified messages:

a. That the accused knew that wireless, cable, telegraph, or telephone
message was falsified by any person specified in Art. 173 par. 1
b. The accused used such falsified dispatch
 c. The use of the falsified dispatch resulted in the prejudice of a third
party, or that the ise thereof was with the intent to cause such
prejudice.

FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OR MERIT OR SERVICE,

ETC.

Persons liable:
1. Physician or surgeon, who, in connection with the practice of
profession issued a false certificate
2. Public officer who issued a false certificate of merit or service, good
conduct or similar circumstances
3. Private individual who falsified a certificate falling in the classes
mentioned in No. 1 and 2.

USING FALSE CERTIFICATES:

ELEMENTS:
1. That a physician or surgeon had issued a false medical certificate, or a
public officer had issued a false certificate or merit of service, good
conduct, or similar circumstances, or a private person had falsified any
of said certificate
2. 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
proceedings, 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

MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR

FALSIFICATION

PUNISHABLE ACTS:
1. Making or producing into the Philippines any stamps, dies, marks, or
other instruments or implements for counterfeiting
2. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made or introduced into the Philippines by
another person.

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

TWO WAYS OF COMMITTING:
 1. By knowingly misrepresenting oneself to be an officer, agent, or
representative of any department or agency in the Philippine
Government or of any foreign government (Usurpation of Authority)
2. By performing any act pertaining to a person in authority or public
officer of the government under the pretense of official position and
without being lawfully entitled to do so.

USING FICTITIOUS NAME AND CONCEALING TRUE NAME

ELEMENTS OF USING FICTITIOUS NAME:

1. The offender uses a name other than his real name
2. He uses that fictitious name publicly
3. The purpose of the offender is:
i. Conceal a crime
ii. Evade the execution of a judgment
iii. Cause damage to public interest

*If the damage is caused to private interest, the crime will be estafa under Art.
315 (2)

ELEMENTS OF CONCEALING TRUE NAME:

1. That the offender conceals:
a. His true name
b. All other personal circumstances
2. The purpose is only to conceal his identity

ILLEGAL USE OF UNIFORMS OR INSIGNIA:

ELEMENTS:
1. The offender makes use of insignia, uniform, or dress
2. The insignia, uniform or dress pertains to an Office not held by the
offender or to a class of person of which he is not a member
3. That said insignia, uniform, or dress is used publicly and improperly

FALSE TESTIMONY
-committed by a person who, being under oath and required to testify as to the
truth of a certain matter at a hearing before a competent authority, shall deny the truth
or say something contrary to it.

FORMS OF FALSE TESTIMONY:

1. False Testimony in Criminal Cases- whether in favor or against the accused
2. False Testimony in Civil Cases
3. False Testimony in other cases
FALSE TESTIMONY AGAINST THE DEFENDANT:
ELEMENTS:
1. That there be a criminal proceeding
2. The offender testifies falsely under oath against the defendant therein
3. The offender who gives false testimony knows that it is false
4. The defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment

FALSE TESTIMONY FAVORABLE TO THE DEFENDANT:

ELEMENTS:
1. That there be a criminal proceeding
2. The offender testifies falsely under oath in favor of the defendant
therein
3. The offender who gives false testimony knows that it is false

*False Testimony, even if not considered by the Court, is still punishable, since it is
punished not because of the effect it actually produces but because of its tendency to
favor or to prejudice the defendant.

FALSE TESTIMONY ON CIVIL CASES:

ELEMENTS:
1. The testimony must be given in a Civil case
2. The testimony must relate to the issues presented in said case
3. The testimony must be false
4. The false testimony must be given by the defendant knowing it ot be
false
5. The testimony must be malicious and given with an intent to affect the
issues presented in said case

*If the false testimony is given in a special proceeding, the case will fall under “other
cases” in Art. 183 of RPC.

FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:

Two ways of committing perjury under Art. 183:
1. Falsely testifying under oath
2. By making a false affidavit

*Falsely testifying under oath should not be in a judicial proceeding.

Otherwise, it may fall under the crime of false testimony.
ELEMENTS OF MAKING A FALSE AFFIDAVIT:

1. The accused made a statement under oath or executed an affidavit upon a

material matter.
2 The statement or affidavit was made before a Competent officer authorized to
receive and administer oath
3 That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood
4 That the sworn statement or affidavit containing the falsity is required by law or
made for a legal purpose

“MATERIAL MATTER” in relation to the crime of perjury:

- It is the main fact which was the subject of the inquiry or any
circumstance or fact which tends to prove “ the fact subject of the
inquiry, which tends to corroborate or strengthen the testimony relative
to such inquiry, and which legitimately affects the credit of any witness
who testifies

*Lack of malice or good faith in believing that the false matters were true can be used
as a defense in the imputation of said crimes

*Subornation of perjury is 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
Revised Penal Code; but the direct inducement of a person by another to commit
perjury may be punished under Art. 183 in relation to Art. 17.

OFFERING FALSE TESTIMONY IN EVIDENCE:

ELEMENTS:
1. The offender offered in evidence a False witness or testimony
2. He knew the witness or testimony was false
3. Offer was made in a judicial or official proceeding