ARTICLE 161- COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND STAMP OF PRESIDENT

Acts Punished

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.

• If the signature of the President is forged, it is not falsification of public document, but forging the
signature of the Chief Executive.

EXPLANATION- Ito yung paggaya sa great seal ng government, signature ng president at stamp ng
president. Nagagawa ito sa paggawa ng document. Halimbawa for reality wala naman talagang ganung
document gumawa kalang using the great seal, signature and stamp. Hindi mo ito matatawag na
falsification but may intent ka talagang gawin o gayahin.

NOTE- pinaparusahan dito yung paggaya

LIABLE sa act na ito ay yung FORGER (gumawa/gumaya)

ARTICLE 162

USE OF FORGED SIGNATURE, COUNTERFEIT SEAL OR STAMP

Elements:

1. That the seal of the Republic was counterfeited, or the signature or stamp of the Chief Executive was
forged by another person;

-Counterfeited- means imitation nung signature, stamp

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

-Yung offender may knowledge na imitation lang yung signature, stamp or signature.

3. That he used the counterfeit seal or forged signature or stamp.

- Kapag ginamit mo yung imitation na halimbawa document na yon.

The offender must NOT be the forger otherwise the crime committed is forgery under Art. 161. In using
the forged signature or stamp of the President or forged seal, the participation of the offender is in
effect that of an accessory. Although the general rule is that he should be punished by a penalty two (2)
degrees lower, under Article 162 he is punished by a penalty only one degree lower.

NOTE: pinaparusahan dito yung paggamit ng finorge na document.

LIABLE sa act na ito ay YUNG MAY KNOWLEDGE na imitation lang pala yon.

ARTICLE 163

MAKING AND IMPORTING AND UTTERING FALSE COINS

Elements:

1. That there be false or counterfeited coins;

2. That the offender either made, imported or uttered such coins;

- yung offender ay gumawa, nag-import at nagbigay ng pasong barya.

3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or
importers.

- Any person liable lalo na kapag kasabwat mo yung nag utter ng coin.

- paano kapag hindi kasabwat? liable parin siya under ARTICLE 165.

• A coin is 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 – means 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 the particular coin.

- Ito yung paggaya sa tunay na coin, kaya mong paniwalain na tunay na coin iyon, kapag wala kang
permission na gunawa ng coin consider itong counterfeiting.

Uttering – means to pass counterfeited coins

• Uttering includes delivery or the act of giving them away.

It is uttered when it is paid even though the utterer may not obtain the gain he intended.

- ito yung ginamit mona or pinambili mo yung counterfeit na coin.

Kinds of coins the counterfeiting of which is punished:

1. Silver coins of the Philippines or coin of the Central Bank;

2. Coin of the minor coinage of the Philippines or the Central Bank;

3. Coin of the currency of a foreign country.

• Former coins withdrawn from circulation may be counterfeited.

• Pars. 1 and 2 of Article 163 mention “coin” without any qualifications.

• As regards par. 3, the used of the word “currency” is not correct because the Spanish text uses the
word “moneda” which embraces not only those that are legal tender but also those out of circulation.

ARTICLE 164

MUTILATION OF COINS- IMPORTATION AND UTTERANCE OF MUTILATED COINS

Elements

1. Coin is mutilated is of legal tender or legal currency of the Philippines.

LEGAL TENDER- any amount na kayang makabayad/old coin sa tindahan.

LEGAL CURRENCY- peso ang currency ng pilipinas, hindi kabilang ang foreign currency kahit legal tender
ito.

2. Offender gains from a precious metal dust abstructed from a coin.

- halimbawa dito yung tinunaw niya coin para makagain ng mas malaking halaga.

3. It has to be a coin

- kailangan mga barya lang not included paper bills

- kapag paper bills ang magiging parusa dito ay PD NO. 247

4. In connivance with mutilator and inventor

- liable any person kabilang ang kasabwat, pero kapag hindi kasabwat maano siya sa Article 165.

Acts punished

1. Mutilating coins of the legal currency, with the 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.

• The coin must be of legal tender or current coins of the Philippines and not of a

foreign country.

Mutilation – means to take off part of the metal either by filing it or substituting it for another metal of
inferior quality. It is to diminish by ingenious means the metal in the coin, and thus diminish its intrinsic
value.

- Halimbawa dito yung bubutasan, babawasan o kakaskasin yung coin. Syempre kapag ginawa mo ito
mawawala na yung value nung coin.

ARTICLE 165

SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

Acts Punished

1. Possession of coin, counterfeited or mutilated by another with intent to utter the same knowing that
it is false or mutilated;

Possession- hindi literal na hawak mo yung coin, pwedeng pinatago, nasa bahay pero may access ka
parin sa coin na yon.

With intent to utter- may intent kang gawin sa coin na yon

Knowing that it is false or mutilated- may knowledge o alam mong peke yung coin na yon.

2. Actually uttering false or mutilated coin, knowing it to be false or mutilated.

- Ginamit mo ito sa pagbili sa tindahan kahit alam mong imitation lang ito.

• It does NOT require that the false coin is legal tender.

• But if the coin being uttered or possessed with intent to utter is a mutilated coin, it must be a legal
tender coin.

• The possession prohibited in Article 165 is possession in general, that is, not only actual, physical
possession but also constructive possession or the subjection of the thing to one’s control, 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.

(People vs. Andrada, 11 C.A. Rep. 147)

False coin- Any coin

Mutilated coin- legal currency/legal tender