Criminal Law Book 2 - Title Four

5/8/2021 Criminal Law Book 2 – Title Four | Philippine Law Reviewers
Philippine Law Reviewers
Criminal Law Book 2 – Title Four
JAN 25
Posted by Magz
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
1. Forging the great seal of the Government

2. Forging the signature of the President
3. Forging the stamp of the President
When the signature of the President is forged, it is not falsification but forging of signature under this
article
Signature must be forged, others signed it – not the President.
Article 162
USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
1. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive
was forged by another person.
https://lawphilreviewer.wordpress.com/2012/01/25/criminal-law-book-2-title-four/ 1/17
2. That the offender knew of the counterfeiting or forgery.

3. That he used the counterfeit seal or forged signature or stamp.
Offender is NOT the forger/not the cause of the counterfeiting
Article 163
ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
1. That there be false or counterfeited coins (need not be legal tender).

2. That the offender either made, imported or u ered such coins.
3. That in case of u ering such false or counterfeited coins, he connives with counterfeiters or
importers.
Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender,

regardless if it is of no value
Counterfeiting – imitation of legal or genuine coin (may contain more silver, different design) such as
to deceive an ordinary person in believing it to be genuine
U er – to pass counterfeited coins, deliver or give away
Import – to bring to port the same
Both Philippine and foreign state coins
Applies also to coins withdrawn from circulation
Essence of article: making of coins without authority
Article 164
ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
Mutilation – to take off part of the metal either by filling it or substituting it for another metal of
inferior quality, to diminish by inferior means (to diminish metal contents).
Foreign notes and coins not included. Must be legal tender.
Must be intention to mutilate.
Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
2 Types
1. Possession of coin, counterfeited or mutilated by another person, with intent to u er the same,
knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to u er, and
3. knowledge
4. Actually u ering such false or mutilated coin, knowing the same to be false or mutilated.
ELEMENTS:
1. actually u ering, and

2. knowledge.
Possession does not require legal tender in foreign coins

Includes constructive possession
Read RA 427
Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
Acts punishable:
1. Forging or falsity of treasury/bank notes or documents payable to bearer

2. Importing of such notes
3. U ering of such false or forged obligations and notes in connivance with forgers and importers
Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a

true and genuine document
Falsification – by erasing, substituting, counterfeiting or altering by any means the figures and le ers,
words, signs contained therein
E.g. falsifying – lo o or sweepstakes ticket. A empted estafa through falsification of an obligation or
security of the Phil
PNB checks not included here – it’s falsification of commercial document under Article 172
Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes,
coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money
Article 167
ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT

PAYABLE TO BEARER:
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 u ered such instruments.
3. That in case of u ering, he connived with the forger or importer.
Article 168
ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES

AND OTHER INSTRUMENT OF CREDIT:
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 –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or
bank notes
Article 169
FORGERY
How forgery is commi ed:

if all acts done but genuine appearance is not given, the crime is frustrated
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, altering by any means the figures, le ers or words, or signs
contained therein.
Article 170
ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the national
assembly or any provincial board or municipal council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
Accused must not be a public official entrusted with the custody or possession of such document
otherwise Art 171 applies.
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR

ECCLESTASTICAL MINISTER
ELEMENTS:
1. That the offender is a public officer, employee, or notary public.

2. That he takes advantage of his official position.
3. That he falsifies a document by commi ing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate, or an a empt to imitate

2. That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each
other
(lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1
but such is not an impediment to conviction under par. 2)
1. Causing it to appear that persons have participated in any act or proceeding when they did not in
fact so participate.
2. A ributing to persons who have participated in an act or proceeding statements other than those in
fact made by them.
Requisites:
1. That the offender caused it to appear in a document that a person/s participated in an act or a
proceeding; and
2. That such person/s did not in fact so participate in the act or proceeding
3. Making untruthful statements in a narration of facts;
Requisites:
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; (required by law to be
done) and
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a
third person
There must be a narration of facts, not a conclusion of law. Must be on a material ma er

Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated.
Ex. Residence certificates
The person making the narration of facts must be aware of the falsity of the facts narrated by him.
This kind of falsification may be commi ed by omission
1. Altering true dates. – date must be essential

2. Making any alteration or intercalation in a genuine document which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation (insertion) on a document

2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of the document
4. That the change made the document speak something false.
5. 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 copy a statement contrary to, or different from, that of
the genuine original; (if no knowledge, falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official
book. (genuine document)
7. In case the offender is an ecclesiastical minister, the act of falsification is commi ed with respect to
any record or document of such character that its falsification may affect the civil status of persons.
There is no crime of a empted or frustrated falsification of public document

Persons liable – public officer, employee or notary public or ecclesiastical minister
If offender does not take advantage of his public position, he may still be liable for falsification of
documents by a private person
Document: any wri en statement by which a right is established or an obligation is extinguished
Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance
of a genuine article
Counterfeiting – imitating any handwriting, signature or rubric
Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact exist
Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE

INDIVIDUAL (par 1)
ELEMENTS
1. That the offender is a private individual or a public officer or employee who did not take advantage
of his official position.
2. That he commi ed any of the acts of falsification enumerated in 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 participated.
3. A ributing 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. That the falsification was commi ed in any public or official or commercial document.
Under this paragraph, damage is not essential, it is presumed

Defense: lack of malice or criminal intent
The following writings are public:
Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash files,
deposit slips and bank statements, journals, books, ledgers, drafts, le ers of credit and other
negotiable instruments
Cash disbursement vouchers or receipts evidencing payments are not commercial documents
A mere blank form of an official document is not in itself a document
The possessor of falsified document is presumed to be the author of the falsification
1. the wri en acts or records of cats of the sovereign authority of official bodies and tribunals, and of
the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign
country.
2. Public records kept in the Philippines.
FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT
ELEMENTS :
1. That the offender commi ed any of the acts of falsification, except those in paragraph 7 and 8,
enumerated in art. 171.
2. That the falsification was commi ed in any private document (must affect the truth or integrity of the
document)
3. That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of
private document) to a third party or at least the falsification was commi ed with intent to cause
such damage.
Not necessary that the offender profited or hoped to profit from the falsification
A document falsified as a necessary means to commit another crime must be public, official or
commercial
There is no complex crime of estafa through falsification of a private document because the
immediate effect of the la er is the same as that of estafa
If the estafa was already consummated at the time of the falsification of a private document was
commi ed for the purpose of concealing the estafa, the falsification is not punishable, because as
regards the falsification of the private document there was no damage or intent to cause damage.
A private document may acquire the character of a public document when it becomes part of an
official record and is certified by a public officer duly authorized by law
The crime is falsification of public documents even if falsification took place before the private
document becomes part of the public records.
USE OF FALSIFIED DOCUMENT (par. 3, art. 172)
ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage
not necessary)
4. that the offender knew that a document was falsified by another person.
5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or at least was used with intent to cause
such damage.
2. Use in any other transaction
The user of the falsified document is deemed the author of falsification, if:
1. the use is so closely connected in time with the falsification

2. the user had the capacity of falsifying the document
Falsification of Private Documents Falsification of Public/Official Documents
Prejudice to third party is an Prejudice to third persons is immaterial, what

element of the offense. is punished is the violation of public faith and
perversion of truth which the document
proclaims.
Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE

OF SAID FALSIFIED MESSAGES
Acts punishable:
1. U ering fictitious, wireless, telegraph or telephone message
Requisites:
1. That 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.
2. That the accused commits any of the following acts:
– u ering fictitious wireless, cable, telegraph, or telephone message, or
– falsifying wireless, cable, telegraph, or telephone message
1. Falsifying wireless, telegraph or telephone message
Requisites:
1. That 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.
2. That the accused commits any of the following acts:
– u ering fictitious wireless, cable, telegraph, or telephone message, or
– falsifying wireless, cable, telegraph, or telephone message
1. Using such falsified message

Requisites:
1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of
the person 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.
The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable
and telegraph or telephone message
Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND

THE LIKE:
Persons liable:
1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate
(note: such certificate must refer to the illness or injury of a person)
2. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances
3. Private individual who falsified a certificate under (1) and (2)
Article 175
ELEMENTS OF USING FALSE CERTIFICATES:
1. That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false
certificate of merit or service, good conduct, or similar circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.
Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR

FALSIFICATION:
Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or 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
The implement confiscated need not form a complete set

Constructive possession is also punished
II. OTHER FALSITIES
Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
2 ways of commi ing the crime:
1. By knowingly and falsely representing oneself to be an officer, agent or representative of any

department or agency of the Philippine gov’t or any foreign gov’t.
2. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or
foreign gov’t under the pretense of such official position, and without being lawfully entitled to do
so.
In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient.
Not necessary that he performs an act pertaining to a public officer.
In usurpation of official functions: It is essential that the offender should have performed an act
pertaining to a person in authority
A public officer may also be an offender
The act performed without being lawfully entitled to do so must pertain:
1. to the gov’t
2. to any person in authority
3. to any public office
Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
ELEMENTS (using fictitious name) :
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 –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a passport)
ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and

3. all other personal circumstances.
1. that the purpose is only to conceal his identity.
Use of Fictitious Name (178) Concealing True Name (178)
Element of publicity must be present Publicity not necessary

Purpose is to conceal a crime, to evade the Purpose is to conceal identity
execution of a judgement, or to cause
damage
Article 179
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender makes use of insignia, uniform or dress.

2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of
persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
an exact imitation of the dress or uniform is unnecessary
Article 180
ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
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 acqui ed or convinced in a
final judgment (prescriptive period starts at this point)
Requires criminal intent, can’t be commi ed through negligence. Need not impute guilt upon the
accused
The defendant must at least be sentenced to a correctional penalty or a fine or must have been
acqui ed
The witness who gave false testimony is liable even if the court did not consider his testimony
Penalty is dependent upon sentence imposed on the defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
False testimony by negative statement is in favor of the defendant

False testimony need not in fact benefit the defendant

A statement of a mere opinion is not punishable
Conviction or acqui al is not necessary (final judgement is not necessary). The false testimony need
not influence the acqui al
A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another
person the commission of the offense is liable under this article. If he merely denies the commission
of the offense, he is not liable.
Basis of penalty: gravity of the felony charged against the defendant
Article 182
ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
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 the
said case
Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
Basis of penalty: amount involved in the civil case
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN

AFFIRMATION:
1. That an accused made a statement under oath or made an affidavit upon a material ma er.
2. That 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,
and
4. That the sworn statement or affidavit containing the falsity is required by law.
2 ways of commi ing perjury:

Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial
proceedings and affidavits
A false affidavit to a criminal complaint may give rise to perjury
A ma er is material when it is directed to prove a fact in issue
A “competent person authorized to administer an oath” means a person who has a right to inquire
into the questions presented to him upon ma ers under his jurisdiction
There is no perjury through negligence or imprudence since the assertion of falsehood must be
willful and deliberate
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
Perjury is an offense which covers false oaths other than those taken in the course of judicial
proceedings
False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury
because false testimony in judicial proceedings contemplates an actual trial where a judgment of
conviction or acqui al is rendered
A person who knowingly and willfully procures another to swear falsely commits subornation of
perjury and the witness suborned does testify under circumstances rendering him guilty of perjury.
The false testimony is not in a judicial proceeding
1. by falsely testifying under oath

2. by making a false statement
Article 184
ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:
a That the offender offered in evidence a false witness or false testimony.
b That he knew the witness or the testimony was false.
c That the offer was made in a judicial or official proceeding.
Article applies when the offender without inducing another, but knowing him to be a false witness,
presented him and the la er testified falsely in a judicial or official proceeding
The false witness need not be convicted of false testimony. The mere offer is sufficient.
III. FRAUDS
Article 185
ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from any of the bidders.
c That such gifts or promise was the consideration for his refraining from taking part in that public
auction.
d That the accused had the intent to cause the reduction of the price of the thing auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused a empted to cause the bidders to stay away from that public auction
c That it was done by threats, gifts, promises, or any other artifice.
d That the accused had the intent to cause the reduction of the price of the thing auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
Acts punished:
1. Combination to prevent free competition in the market

2. By entering into a contract or agreement or taking part in any conspiracy or combination in the form
of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free
competition in the market (It is enough that initial steps are taken. It is not necessary that there be
actual restraint of trade)
3. Monopoly to restrain free competition in the market
– By monopolizing any merchandise or object of trade or commerce, by combining with any person or
persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false
rumors or making use of any other artifice to restrain free competition in the market
4. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person
to make transactions prejudicial to lawful commerce or to increase the market price of the
merchandise.
Person/s liable:
Crime is commi ed by:
The purpose is:
Also liable as principals:
Aggravated if items are:
1. manufacturer
2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to make transactions prejudicial to lawful commerce
2. to increase the market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Phil
1. corporation/association
2. agent/representative
3. director/manager – who willingly permi ed or failed to prevent commission of above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity
Article 187
ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR

MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR
ALLOYS:
a That the offender imports, sells or disposes of any of those articles or merchandise.
b That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual
fineness or quality of said metals or alloys.
c That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or
quality of the metals or alloys.
Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or
a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of
commerce and (b) selling the same.
b By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been
fraudulently used
c By using or substituting the service mark of some other person, or a colorable imitation of such
marks, in the sale or advertising of services
d By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable
limitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent
purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK

SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of the goods of another
manufacturer or dealer
b Fraudulent designation of origin; false description by (a) affixing to his goods or using in connection
with his services a false designation of origin; or any false description or representation, and (b) selling
such goods or services
c Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m
or service mark.
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of another manufacturer or
dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their
packages, or in the (c) device or words therein, or in (d) any other feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to
do the same with a like purpose.
d That there is actual intent to deceive the public or defraud a competitor.
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
About Magz
First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped
going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other
languages and a person who likes writing and blogging. I lost some important files and software when my
computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected
when I was at the law school and at the same time, I want to help out law students who do not have enough time to
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Philippine Law Reviewers

Criminal Law Book 2 – Title Four

I. CRIMES AGAINST PUBLIC INTEREST

TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:

1. Forging the great seal of the Government

USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:

2. That the oﬀender knew of the counterfeiting or forgery.

Oﬀender is NOT the forger/not the cause of the counterfeiting

ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:

1. That there be false or counterfeited coins (need not be legal tender).

Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender,

ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:

SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

1. actually u ering, and

Possession does not require legal tender in foreign coins

FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING

1. Forging or falsity of treasury/bank notes or documents payable to bearer

Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a

ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT

ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES

How forgery is commi ed:

ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:

FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR

1. That the oﬀender is a public oﬃcer, employee, or notary public.

1. That there be an intent to imitate, or an a empt to imitate

1. That the oﬀender makes in a document statements in a narration of facts

There must be a narration of facts, not a conclusion of law. Must be on a material ma er

1. Altering true dates. – date must be essential

1. That there be an alteration (change) or intercalation (insertion) on a document

There is no crime of a empted or frustrated falsiﬁcation of public document

FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE

Under this paragraph, damage is not essential, it is presumed

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

1. Introducing in a judicial proceeding:

2. Use in any other transaction

1. the use is so closely connected in time with the falsiﬁcation

Falsification of Private Documents Falsification of Public/Official Documents

Prejudice to third party is an Prejudice to third persons is immaterial, what

FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE

1. U ering ﬁctitious, wireless, telegraph or telephone message

– u ering ﬁctitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Falsifying wireless, telegraph or telephone message

– u ering ﬁctitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Using such falsiﬁed message

FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND

ELEMENTS OF USING FALSE CERTIFICATES:

MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR

The implement conﬁscated need not form a complete set

Constructive possession is also punished

II. OTHER FALSITIES

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:

2 ways of commi ing the crime:

1. By knowingly and falsely representing oneself to be an oﬃcer, agent or representative of any

USING FICTITIOUS NAME AND CONCEALING TRUE NAME

ELEMENTS (using ﬁctitious name) :

ELEMENTS (concealing true name):

1. that the oﬀender conceals –

2. his true name, and