Criminal Law 2 – Assignment 03

Grace Dela Rama, JD1-A

Sevilla vs. People

G.R. No. 194390, August 13, 2014

Facts:
Sevilla was charged with the crime of falsification of documents through
reckless imprudence. The prosecution alleged that n the first day of Sevilla’s term
as a councilor of the City of Malabon, he made a false narration on his personal
data sheet, that he marked the tick box “no” to the question of whether there is a
pending criminal case against him despite the pendency of a criminal case against
him for assault upon an agent of a person in authority. Sevilla admitted that he
answered “no”, however, did not intend to falsify his PDS and it was his staff who
prepared the same. Sevilla claimed that his staff just informed him that he needs to
accomplish his PDS and submit it on the same day. He ordered his staff to copy the
entries in the previous copy of his PDS, after which his staff delivered them to him,
and he signed without checking the veracity of the entries. He failed to notice that
the “no” was ticked as an answer to whether he has a pending criminal case.

Issue:
Whether Sevilla is correctly charged with the crime of falsification of
documents through reckless imprudence.

Ruling:
No, he should be convicted of reckless imprudence resulting to falsification
of public documents notwithstanding that the Information only charged the willful
act of falsification of public documents. The designation of the felony committed
as “falsification of public documents through reckless imprudence” implies that
reckless imprudence suggests that reckless imprudence was only a method of
committing the crime, not the crime itself. According to Article 365 of the R.P.C.,
quasi-offenses under are distinct and separate crimes and not a mere modality in
the commission of a crime. Although such mental health attitude may have caused
a number of outcomes or consequences, what is penalized is the attitude or
condition behind the acts of dangerous recklessness and lack of care and foresight.
To stress, reckless imprudence resulting to falsification of public documents is an
offense that is necessarily included in the willful act of falsification of public
documents, the latter being the greater offense.