Art. 173.

Falsification of wireless, cable, telegraph, and

telephone messages, and use of said falsified messages.
— The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any officer or employee of
the Government or of any private corporation or concern engaged in
the service of sending or receiving wireless, cable, telegraph, or
telephone messages who utters a fictitious wireless, telegraph, or
telephone message of any system or falsifies the same.
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 penalty next lower in degree.
 Three acts are
punishable under Art.
173.

1. Uttering fictitious
wireless, telegraph or
telephone message.

2. Falsifying wireless,
telegraph or telephone
message.

3. Using such falsified

message.
 First: Uttering fictitious message or
falsifying the same. (Par. Art. 173)

Elements:
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 offender commits any of the

following acts:
(a) Uttering fictitious wireless, cable,
telegraph or telephone
message; or
(b) Falsifying wireless, cable, telegraph, or
telephone message.
The public officer, to be liable, must be engaged in the service of
sending or receiving wireless, cable, telegraph or telephone
message.

The officer or employee of the Government, to be liable, must

be engaged in the service of sending or receiving wireless, cable,
telegraph or telephone messages, like the telegraph operator of the
Bureau of Posts or
the operator of Government telephone.

Example of falsifying telegraph message.

The accused, a telegraph operator, who received two telegrams

for transmission, reduced the number of words of the telegraph
messages by twelve and eight words, respectively, without having
been authorized to do so by the sender. He pocketed the differences
in the prices charged in
the sums of P0.72 and P0.48, respectively.
Held: The accused was guilty of falsification of telegraph
messages. (U.S. vs. Romero, 17 Phil. 76)
Second: Use of said falsified messages.
(Par. 2, Art. 173)
Elements:
1. That the accused knew that wireless,
cable, telegraph, or telephone
message 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.
 Third: Using such falsified message
Requisites:
a. 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.

b. That the accused used such falsified

dispatch.

c. 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.
Private individual cannot be a principal by direct
participation in falsification of telegraphic dispatches under
Art. 173.

A private individual cannot commit the crime of

falsification of telegraphic dispatches by direct participation,
unless he is an employee of a corporation engaged in the
business of sending or receiving wireless, telegraph or telephone
messages.

But a private individual can be held criminally liable as

principal by inducement in the falsification of telegraph
dispatches or telephone messages.

But if he knowingly uses any falsified telegraph, wireless or

telephone messages to the prejudice of a third person, or with
intent to cause such prejudice, it is not necessary that he be
connected with such corporation.