Title 4- Crim Reyes

8/13/2019 Title 4- Crim Reyes

1/36


2/36

What are the 3 elements? 1.) That there be false or counterfeited coins 2.) That the offender either made, imported or uttered such coins 3.) That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers What is a coin?It is a piece of metal stamped with certain marks and made current at a certain value. (190, Reyes) When is a coin false or counterfeited?

If it is forged or if it not authorized by the government as legal tender, regardless of its intrinsic value. Counterfeiting meansthe imitation of the peculiar design of a legal or genuine coin. (191, Reyes) Ex.: if kunyari may 10 centavo coin ka tas kinulayan mo ng goldish yellow para magmukhang 25 cents tas binayad mo sastore, hindi ka liable under this article, but for estafa. Bakit? Kasi the coin in question is a genuine coin, bearing the originaldesign

What is the meaning of import?To bring them into port. The importation is complete before entry at the Customs House. (US v Lyman, 191, Reyes)

What is the meaning of utter?It is to pass counterfeited coins. It includes their delivery or their act of giving them away. A counterfeited coin is utteredwhen it is paid, when the offender is caught counting the counterfeited coins preparatory to the act delivering them. Hence,damage to another is NOT necessary. (191, Reyes)

What are the kinds of coins the counterfeiting of which is punished? a.) silver coin of the Philippines or coin of the Bangko Sentral ng Pilipinas b.) coin of the minor coinage of the Philippines or the BSP c.) coin of the currency of a foreign country

What are the minor coins?Coins below the 10c denomination (191, Reyes)

Can former coins withdrawn from circulation be counterfeited under 163? YES. Why? Because of the possibility that the counterfeiter may later apply his trade to the making of coins in actualcirculation (192, Reyes)

Why does this Article penalize the counterfeiting of foreign coins?Because it is intended to protect the public in general (192, Reyes)

------------- Art. 164. Mut i l at ion o f co ins ; Impor ta t ion and u t t e rance o f mu t i l a t ed co ins . The penalty of prision correccional in itsminimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate coins of thelegal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, or in connivancewith mutilators or importers.

What are the 2 acts punished under this Article? 1.) mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another 2.) importing or uttering such mutilated coins, with the further requirement that there be connivance with the mutilator orimporter in case of uttering

What is the meaning of mutilation?It is to take off part of the metal either by filing it or substituting it for another metal of inferior quality. The offender takesadvantage of the metal abstracted; hence, the coin diminishes in intrinsic value. (193, Reyes)

Must the coin be of legal tender in mutilation?YES. Because the law says so (193, Reyes)

Are the coins of foreign countries included?NO. Plus, the coin mutilated MUST be genuine and has NOT been withdrawn from circulation. The coin must be of legalcurrency or current coins of the Philippines. (190, Reyes)

[BAR 1988] Two Japanese were passing through immigration and customs preparatory to their departure for Japanat the Ninoy Aquino International Airport. A bundle of P2000 peso bills was discovered in one of them, and toprevent their being delayed, his companion took the bundle of bills and then tore up the bills. As City fiscal ofPasay, what crimes, if any, would you charge the 2 Japanese?


3/36

The two Japanese cannot be charged of any crime. They committed no crime. Art 164 of the RPC on mutilation of coinscannot be applied to the Japanese because said article refers to coins and not bills. (303, 1988 Criminal Law Samplex )

-----------

Art. 165. Se ll ing o f f a l se o r mu t i l at ed co in , wi thou t co nn ivance . The person who knowingly, although without theconnivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shallactually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles. What are the acts punished? 1.) Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false ormutilated

Elements: a.) Possession b.) With intent to utter c.) Knowledge

2.) Actually uttering such false or mutilated coin, knowing the same to be false or mutilated Elements: a.) Actually uttering b.) Knowledge

Do the counterfeited coins have to be of legal tender?NOPE. Only the mutilated coins have to be of legal tender. (193, Reyes)

What kind of possession is prohibited?Possession in general- actual, physical and even constructive. Why? Because other offenders could easily evade the law byplacing other persons in actual, physical possession of the thing although retaining actual control (194, Reyes)

Is possession of counterfeiter or importer punished as a separate offense?If the false coins are found in the possession of the counterfeiters, such possession does not constitute a separate offense.(194, Reyes)

Can the crime be committed under this under this article if false or foreign coins are involved? This article refers to genuine Philippine coins, hence there is no crime of mutilation of false coins or foreign coins (440,Regalado)

SECTION 3: FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND

UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such falseor forged notes and documents. The forging or falsification of treasury or bank notes or certificates or other obligationsand securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false orforged obligations or notes, shall be punished as follows: 1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has beenfalsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands. The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificatesof indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by orupon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whateverdenomination, which have been or may be issued under any act of the Congress of the United States or of the PhilippineLegislature. 2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is acirculating note issued by any banking association duly authorized by law to issue the same. 3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited documentwas issued by a foreign government. 4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is acirculating note or bill issued by a foreign bank duly authorized therefor.

What are the 3 acts penalized? 1.) Forging or falsification of treasury or bank notes or other documents payable to bearer 2.) Importation of such false or forged obligation or notes 3.) Uttering of such false or forged obligations or notes in connivance with the forgers or importers

How are forging and falsification committed?


4/36


5/36

What are the 3 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 forger or importer

When is an instrument payable to order?When it is drawn payable to the order of a specified person or to him or his order. It is negotiated by indorsement anddelivery. (201, Reyes)

Does this article cover instruments or documents of credit issued by a foreign govt or bank? YES.

How about falsification of US treasury warrants not payable to bearer?This is punished under 172, not 166. (201, Reyes)

What is the reason for punishing forgery?So as to maintain the integrity of the currency (201, Reyes) Note: Connivance is not required in uttering if the utterer is the forger

-----------Art. 168. Il l egal posse s s ion and use o f f a l se t r easu ry o r bank no te s and o the r in s t rumen t s o f c red i t . Unless the actbe one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have inhis possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penaltynext lower in degree than that prescribed in said articles.

What are the 3 elements? 1. that any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payableto 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:

a. using any of such forged or falsified instruments OR b. possessing with intent to use any of such forged or falsified instruments

Is intent to possess equivalent to intent to use?NOPE. Possession of false bank notes alone is NOT a criminal offense. For it to be punishable, it must be coupled with anintent to use. Is mere possession without intent to use a crime? NOPE. (202, Reyes)

How to prove that a bank note is forged:Evidence must be presented that the number which the questioned bank note bears does not check with the genuine oneissued with the same number. (203, Reyes)

Must the accused have knowledge of the forged character of the note? YES

How about possession of counterfeit US bills? PUNISHABLE under 168

Presumption? The rule is that if a person had in his possession a falsified document and he made use of it, thepresumption is that he is the material author of the falsification. Intent to use is sufficient to consummate the crime when theoffender is in possession of false or falsified obligations or notes.

BUT in a case where the accused, instead of carrying out his intention, threw away the forged note, it was held that he wasnot liable whatever might be his motive. The law will not close the door of repentance on him. (204, Reyes)

Who has the burden to give an explanation of the possession?

The accused. The failure of the accused to explain satisfactorily the possession of counterfeit bills means either 1) that he

forged them himself or 2) that he knows who falsified them, but does not want to divulge him (204, Reyes) Is it an impossible crime when the act performed would have been a crime of illegal possession of false treasurynotes?

YUP. Art. 59 of the RPC. The stupidity of the act regarding the appearance carries an inherent impossibility for anyone toaccept them as genuine money. This is punishable under Art. 59 because under Art 4 (2), the act performed would havebeen an offense against persons or property. (205, Reyes)


6/36


7/36

What is the distinction between forgery and falsification? Forgery refers to the falsification and counterfeiting of treasurybanks (169) and falsification is the commission of any of the 8 acts mentioned in 171.

----------

Art. 170. Fa ls i f i ca tion o f l eg i s l at ive docu men t s . The penalty of prision correccional in its maximum period and a finenot exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill,resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial boardor municipal council.

What are the 4 elements? 1.) That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislatureor any provincial board or municipal council 2.) That the offender alters the same 3.) That he has no proper authority therefor 4.) That the alteration has changed the meaning of the document

Does the bill, resolution or ordinance have to be genuine?

YES. A fabricated one is not covered by 170. (209, Reyes)

Can the offender be any person?YES. As long as they have no proper authority (209, Reyes)

Note: The act of falsification in legislative document is limited to altering it which changes its meaning. Hence, other acts offalsification are punished under 171 or 172.

[1968] A was in charge of preparing the payroll in the office of the governor. When the payroll for the month ofMarch was presented to the governor for signature, he noticed that the name of X was included as janitor in thatoffice. Instead of signing it, the governor sent the payroll to the provincial fiscal for action. For making a falsestatement in the narration of facts in an official document, the fiscal accused A of falsification. Is A liable forfalsification? No because the payroll was not signed by the governor and hence, it was not yet a document. A document is a writtenstatement by which a right is established or an obligation extinguished. Before it is signed by the governor, the payroll is onlya piece of paper. (406,1968)

----------

Art. 171. Fa ls i f i ca tion b y p ub l i c o ff i ce r, emp loyee o r no ta ry o r ecc les i a s t i c min i s t e r . The penalty of prision mayorand a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantageof his official position, shall falsify a document by committing any of the following acts: 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; or 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated inthe preceding paragraphs of this article, with respect to any record or document of such character that its falsification mayaffect the civil status of persons.

What is a document?


8/36

It is a written statement by which a right is established or an obligation extinguished. Hindi kasama drafts because it canneither prove nor affirm nothing. It must be of apparent legal efficiency. (212, Reyes) Must there be a genuine document in falsification?

YES. In 6, 7 (2 nd part) and 8. In other paragraphs, falsification may be committed by simulating or fabricating a document.Documents may be simulated or fabricated. They need not be made on an official form. It is sufficient that the document isgiven the appearance similar to an official form. (212, Reyes) The document need not be authentic official paper since its stimulation is the essence of falsification. So, also, thesignatures appearing need not necessarily be forged. ( Enemecio v. Omb., G.R. No. 146731, January 13, 2004)

What are the 4 elements? 1.) that the offender is a public officer, employee or notary public

2.) that he takes advantage of his official position a. he has the duty to make or to prepare or otherwise to intervene in the preparation of the document or b. he has the official custody of the document which he falsifies Note: so if kahit na PO siya at di niya tnake advantage, then 172 will apply

3.) that he falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric; b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so

participate;c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made bythem; d. Making untruthful statements in a narration of facts; e. Altering true dates; f. Making any alteration or intercalation in a genuine document which changes its meaning; g. Issuing in an authenticated form a document purporting to be a copy of an original document when no suchoriginal exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

4.) in case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record ordocument of such character that its falsification may affect the civil status of persons

What are the 2 ways of committing the first act of falsification? 1. counterfeiting (which is imitating any handwriting- there is an original signature- the imitation need not be perfect)

Requisites of counterfeiting: a. that there be an intent/attempt to imitate AND

-this may be shown by a comparison of the 2 handwritings or signature; if there is sufficient resemblance betweenthe genuine and the forged, it can be concluded that the accused had the intention to imitate.

b. that the 2 signature/handwriting/rubric bear some resemblance to each other

-the resemblance must be such that it is likely to deceive an ordinary person receiving the document (214, Reyes)

When any of the requisites of counterfeiting are not present: the accused may be found guilty under par 2 of 171

2. feigning (simulating a signature which does not in fact exist- there is no original signature- to feign is to give a mentalexistence to) Ex: making it appear that a person who does not know how to write has signed the document, may beconsidered feigning) (215, Reyes)

Guilty of this crime and incurs the same liability (226, Reyes)

What are the requisites of the second act of falsification: 1. that the offender caused it to appear in a document that a person or persons participated in the act or proceeding and 2. that such person/s did not in fact so participate in the act or proceeding

Note: the imitation of the signature of the offended party is not necessary on falsification under par. 2 of 171 Ex.: placed thumbmarks in the voters list, when they did not in fact vote

What are the requisites of the 3 rd act?


9/36

1. that a person or persons participated in an act or a proceeding 2. that such person or persons made statements in that act or proceeding and 3. that the offender, in making a document, attributed to such person or persons statements other than those in fact made bysuch person/s

What are the requisites of making untruthful statements? 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. 2. that he has a legal obligation to disclose the truth of the facts narrated by him

- Legal obligation means that there is a law requiring the disclosure of truth - inherent in residence certificate

3. that the facts narrated by the offender are absolutely false and -The person making the narration of facts must be aware of the falsity of the facts narrated by him. If he hadknowledge, he is not liable. - The rule is that if there is some colorable truth, the crime of falsification is not committed.

4. that the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person - Wrongful intent not essential when the document falsified is public document. -The fact that ones consent to a contract was obtained by means of violence does not make the facts narratedtherein false (218, Reyes)

What does the alteration of true dates mean?The date must be essential. It must affect either the veracity or the effects thereof. (223, Reyes)

What are the requisites of making an alteration or intercalation?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 altercation or intercalation has changed the meaning of the document and 4. that the change made the document speak something false

Note: Alteration which speaks the truth is not falsification. Alteration is deception- making the instrument speak somethingwhich the parties did not intend it to speak. Hindi correction. (224, Reyes)

In the 7 th paragraph, can the acts of falsification be committed by a private individual?

The acts of falsification mentioned in this paragraph cannot be committed by a private individual or by a notary public orpublic officer who DOES NOT take advantage of his public position. WHY? Since the authentication of a document can bemade only by the custodian or the one who prepared and retained a copy of the original. (226, Reyes)

Intent to gain or prejudice not necessary. Why? Because it is the interest of the community which is intended to be guaranteed by the strictest faithfulness of the officialscharged.

Where force is employed to compel another to execute a contract, the offender is not liable for falsification as suchcompulsion does not make it a false instrument, but only a voidable one. The offender will be liable for execution of deeds byviolence under Art. 298. (226, Reyes)

Compare falsification and perjury. Questions to ask: 1. WoN the document is required by law to be under oath

2. WoN statements on a material matter are false

If both affirmative, the crime is perjury; if one is negative, it is falsification. If the statements are true and signature is false,even under oath, it is falsification.

In falsification, the documents may or may not be under oath. In perjury, the document MUST be under oath and required bylaw to be under oath. ( 470, Boado )


10/36

Is the fact that the entries in the public document were all true NOT exculpatory since there was no damage to thegovernment?

No. In falsification, what matters is the the signature of another was counterfeited. Intent to gain or injure is immaterial.(Caubang v. CA )

What are the elements under Sec. 3 of RA 3019 to be considered criminally liable?

To hold a person criminally liable under sec. 3 of RA 3019 the following elements must concur: 1. accused is a public officer or a private person acting in conspiracy with him 2. public officer commits prohibited acts during performance of his public duties or in relation to his public position 3. causes injury to the government or any private party4. such injury is caused by giving unwarranted benefits, advantages or preference to any other party 5. public officer acted with manifest partiality, evident bad faith or gross inexcusable negligence

RA 3019 has only 2 common elements with felony under Art. 171 of the Code, thus they are consequently distinct andseparate crimes. (454, Regalado)

[1968] A protestant minister altered in the residence certificate issued to him his age and the date of his birth. Is heliable for falsification committed by an ecclesiastical minister under the last paragraph of Art. 171 of the RPC? No because the falsification by an ecclesiastical minister must be made on any record or document of such character that itsfalsification may affect the civil status of persons. (407, 1968)

[BAR 1975] The accused was a bookkeeper in a department store. He purchased on credit several items in the storeand signed chits for them. In order to avoid paying for such, he did not record in his personal account with thestore the items he purchased and tore up the chits he had signed. What crime, if any, did he commit? Why?

Falsification of a private document by omission. It is the duty of the accused as bookkeeper to record in his personal accountwith the store the items he purchased. By tearing the chits which he signed, damage is present. (People v. Dizon, 47Phil.350) (506-507, BAR 1975)

[BAR 1977] A, teller of the provincial treasurers office, told the landower that his real estate tax due is P500.00when it is only P400.00. The landowner paid as told. In order that the landowner will not discover the excess, theletter made it appear in the original of the official receipt to be given to the landower that P500.00 was paid but inthe duplicate left with him, the true amount of P400.00 was stated. Thereafter, the teller misappropriated the entireemount of P500.00. Assuming that you are the investigating fiscal, what crime will you file against the teller. Stateyour reasons.

I would file three crimes: (1) illegal exaction or estafa, (2) falsification of public document, and (3) malversation. When hetold the landowner that what he owed was P500.00, the teller collected an amount bigger than that authorized by law. He isa public officer entrusted with the duty to collect taxes. Illegal exaction is committed. The misappropriation of fundsconstitute malversation of public funds since the government is prejudiced. (People v. Policher) . However, if the teller bymeans of deceited collected the P500.00 to misappropriate the excess, estafa is committed. ( US v. Lopez, et al, 10 Phil 480)

Falsification of the original of the official receipt is an independent crime because it was committed so that the landownerwould not discover the excess. Misappropriation of P400.00 being paid as tax is malversation. (482-483, BAR 1977)

[BAR 1980] Q, a postmaster, stole a treasury warrant payable to R valued at P30.00, increased it to P230.00 byadding the figure 2 before 3, and forged Rs name as well as that of S, making it appear that R hadendorsed the warrant to S and then later cashed it. Q thereafter misappropriated the amount represented by the


11/36

altered warrant. Of what complex crime would you hold Q liable? Which crime would control the penalty to beimposed, if found guilty?

Facts are similar to People v. Silvallana, 61 Phil. 636 although it is Q here who stole the treasury warrant.

Falsification of a public document (treasury warrant) is committed because of the alteration of the amount and by causing itto appear that R, the payee, endorsed the document to S and S encashed it which is false. Falsification was committedto misappropriate the proceeds of the treasury warrant, which are public funds. Q then committed the complex crime ofmalversation thru falsification of public document.

Falsification (more serious crime) will control the penalty, imposed in its maximum period. ( 434-435, BAR 1980) ----------

Art. 172. Fa ls i f i ca tion by p r iva te ind iv idua l and use o f f a l s if i ed docum en t s . The penalty of prision correccional in itsmedium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public orofficial document or letter of exchange or any other kind of commercial document; and 2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private documentcommit any of the acts of falsification enumerated in the next preceding article. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, withthe intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any ofthe foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.

What are the 3 acts punished under 172?

1. falsification of public, official or commercial document by a private individual 3 Elements: a. that the offender is a private individual or a public officer or employee who did not take advantage of his officialposition b. that he committed any of the acts of falsification enumerated in Art 171

The acts of falsification are the same as those in 171. Only the act found in paragraph 7 cannot becommitted by a private individual.

c. that the falsification was committed in a public or official or commercial document

2. falsification of private document by any person What are the 3 elements? a. that the offender committed any of the acts of falsification, except those in par. 7, enumerated in 171 b. that the falsification was committed in any private document c. that the falsification caused damage to a 3 rd party or at least the falsification was committed with intent to causesuch damage

3. Use of falsified document Elements: Introducing in a judicial proceeding a. that the offender knew that a document was falsified by another person b. that the false document is embraced in 171 or in any subdivisions No.1 or 2 of 172 c. that he introduced said document in evidence in any judicial proceeding NOTE: Damage is not necessary in the crime of introducing in judicial proceeding

Use in any other transaction a. that the offender knew that a document was falsified by another person b. that the false document is embraced in 171 or in any subdivisions No.1 or 2 of 172 c. that he used such document (not in judicial proceedings) d. that the use of the false document caused damage to another or at least it was used with intent to cause suchdamage (240, Reyes)

Is the use of false document necessarily included in the crime of falsification? NOPE. When is the user of the falsified document deemed the author of falsification?


12/36

a. if the use was so closely connected in time with falsification b. the user had the capacity of falsifying the document

How many kinds of documents are there? FOUR.

a.) Public Document- created, executed or issued by a public official in response to the exigencies of the public service b.) Official Document- a document which is issued by a public official in the exercise of the functions of his office. It is also apublic document. (Ex: receipt for taxes collected, burial permit, account of public money, cashbook) c.) Private Document- a deed or instrument executed by a private person without the intervention of a notary public or otherperson legally authorized, by which document some agreement is proved or set forth. d.) Commercial Document- any document defined and regulated by the Code of Commerce; used by merchants orbusinessmen to promote or facilitate trade (Ex: warehouse receipts, surety accounts. BUT cash disbursement vouchers areNOT commercial documents) (229, Reyes)

What are the public writings under the Rules of Court? 1.) Written official acts/records of the sovereign, official bodies and public officers whether, of the country/foreign country 2.) Documents acknowledged before the notary public except last will and testaments 3.) Public records kept in the Phl, or private documents required by law to be entered therein 4.) All other writings are private.

NOTE: There are cases wherein a private document is considered as a public document. This happens when it becomes apart of an official record and is certified by a public officer duly authorized by law.

Is a mere blank form of an official document considered as a document in itself?

NO. In order that a blank form might come within the definition of 166, 167, 171 or 172, it is NECESSARY that the blankspaces be filled and the signature of a party be written by another in the counterfeited instrument (231, Reyes)

The possessor is presumed to be the author of the falsification.

BUT this doesnt mean that the possessor is automatically guilty. The accused is entitled to the constitutional presumption ofinnocence specially where the evidence on the alleged forged voucher is extremely doubtful. (232, Reyes)

In the 1 st paragraph, damage or intent to cause damage is NOT necessary.

NOTE: Lack of malice or criminal intent is a defense in falsification of public document. (232, Reyes)

Is mere falsification of private documents enough? NO.a. he must have counterfeited the document b. he must have performed an independent act which operates to the prejudice of a 3 rd person

Does damage have to be material?NO. Damage to ones honor is included. (234, Reyes)

Is it necessary that the offender profited or hoped to profit by the falsification?NO. The intent to cause damage must have co-existed with the action of falsification itself.

Can falsification be complexed?YES. However, the document falsified must be public, official or commercial. Falsification then becomes a necessary meansto commit other crimes. Bakit public, official or commercial lang? Kunyari estafa. Before the falsified document is actuallyutilized to defraud another, the crime of falsification has already been consummated. Eh private document? There is no

crime, unless another fact, independent of falsifying the document is proved. Therefore, when one makes use of a privatedocument, which he falsified, to defraud another, there results only 1 crime: that of falsification. The intent to defraud is partand parcel of the crime. (234, Reyes)

Crimes committed through falsification: Estafa (deed of sale), Theft (purchase order), Estafa through falsification ofcommercial document by reckless imprudence, Malversation (duplicating cedulas), through Reckless Imprudence (235-237,Reyes)

There is no complex crime of estafa through falsification of a private document. Because the immediate effect offalsification of a private document is the same as that of estafa


13/36

NOTE: If a private document is falsified to obtain from the offended party the money or other personal property which theoffender later misappropriated, the crime committed is falsification of private document only. (237, Reyes)

NOTE: If a private document is falsified to conceal the misappropriation of the money or personal property which has beenin the possession of the offender, the crime committed is estafa abuse of confidence only. (237, Reyes)

Note: If the estafa was already consummated at the time of the falsification of the private document, the falsification is not

punishable because there was no damage or intent to cause damage. (238, Reyes) There is no falsification of private document through reckless imprudence: Because there is a lack of malice or intentof malice

When the private document was falsified before it becomes part of the official record, the accused is guilty only offalsification of private document.

Exception: If the document is intended by law to be part of the official record, the preparation of which being inaccordance with the rules and regulations issued by the govt, it is regarded as falsification of public document. (USvs Asensi)

What is the difference between falsification of public documents and that of private documents?

Essential difference: Private: prejudice to a 3 rd party is taken into account so that if such damage is not apparent, or there isno intention to cause it, the falsification is not punishable Public: the principal thing punished is the violation of public faith and the perversion of truth and for this reason, it is

immaterial w/n some prejudice has been caused to 3 rd persons (240, Reyes) Can falsification be considered as a continuing crime? Falsification is not a continuing offense and is consumated when the document is actually falsified, regardless of whether ornot it was thereafter put to illegal use (455, Regalado)

NOTE: The person who used the falsified document is not the one who falsified it. If the one who used the falsifieddocument is the same person who falsified it, the crime is only falsification and the use of the same is not a separate crime.(241, Reyes)

Distinguish Article 171 from Article 172.

a. In 171, offender is a public officer, notary public, or ecclesiastical minister; in 172, it can be a private individual b. In 171, document falsified is any document; in 172, it is classified into public, official, and commercial on the one hand,

and private, on the other.

c. In 171, damage is NOT an element but erosion of public faith in documents; in 172, damage is an element in case offalsification of private document and use of falsified document not in judicial proceedings ( 471, Boado )

Note: A public official not under Art. 171 may be punished in Art. 172 because he may not have taken advantage of hisofficial position. ( 471, Boado )

In what instance will falsification NOT give rise to criminal liability?

Where intent to pervert the truth is absent. This is shown when: a. Accused did not benefit from the falsification b. No damage was caused to the government or a third person There may be civil or administrative liability but not criminal liability. ( Llamoso v. Sandiganbayan, August 1985 )

What is the effect when the document is private?

If private document was falsified to commit estafa, there is no complex crim of estafa with falsification because deceit is thecommon element of both. It gives rise to only one crime. ( 473, Boado )

Note: If it is public, official, or commercial document, a complex crime is committed. ( 473, Boado )

In falsification of private documents, what will determine whether the crime is estafa or falsification?


14/36

If falsification is essential in the commission of estafa, it is falsification with estafa merely a consequence of the crime. Ifestafa can be committed even without such falsification, then it is estafa. ( 474, Boado )

What is the value of the opinions of handwriting experts in forgery cases?

These are not binding upon courts. Especially when the question involved is merely handwriting similarity of dissimilarity.(Punzalan v. COMELEC, 289 SCRA 702 )

[1968] A was arrested on June 5, 1957, without warrant of arrest. He was detained for three days without the policefiling any complaint with the proper court. The policeman who arrested A, taking advantage of the absence of theclerk in charge of making entry in the blotter, erased the date of arrest of A in the police blotter and the book ofrecords of arrest and wrote thereon June 8, 1957, to make it appear that there was no arbitrary detention. What actof falsification was committed by the policeman and what document was falsified? Is it falsification committed by apublic officer with abuse of his official position? The policeman committed falsification by making alteration on a genuine document which changes its meaning and byaltering true dates. The blotter falsified is an official document. The policeman did not take advantage of his official position,because he was not the custodian of, or the one in charge of making the entry in the blotter. (409-410, 1968)

[1968] What document is falsified when the signature of a judge was counterfeited on the order of arrest prepared

by a private individual and used the same to cause the arrest prepared by a private individual and used the same tocause the arrest of the offended party? Falsification of a public document by a private individual under Art. 172, par. 1 of the RPC because the order of arrest is apublic document, even if is simulated or fabricated, since the signature of a person in authority is counterfeited on the paperwhich is given the appearance of a true and genuine order of arrest (412, 1968)

[1968] Is there falsification of private document through reckless imprudence if there is no actual damage caused?Suppose there is actual damage caused? No, because there must be at least intent to cause damage and imprudence implies lack of such intent. But if there is actualdamage caused, it is the result not the intention that becomes important. In such case, the crime of falsification of privatedocument through reckless imprudence exists. (415, 1968)

[1968] Is there any difference between the use of falsified document in judicial proceedings and the use of falsifieddocument in transactions or proceedings other than judicial? Yes, in the crime of using a falsified document in judicial proceedings, damage or intent to cause damage is not necessary In using falsified document in transactions or proceedings not judicial, there must be damage or at least intent to causedamage. (415, 1968) [1968] Suppose that when a private document was presented to defraud another the falsification was discovered, isit attempted, frustrated or consummated felony? It is consummated felony, because intent to cause damage is sufficient in falsification of a private document. Actual damageto the offended party is not necessary. (417, 1968)

[1968] A bookkeeper of a company, in connivance with its customer B, while recording the account of the latter, didnot record some of the invoices of the said customer. Later, A sold the invoices to B for half their respectivevalues. What crime was committed by the bookkeeper?

The bookkeeper committed the crime of falsification of a private document by omission when he did not record some of theinvoices in the record of the account of B. the falsification by omission in effect constitutes the making of untruthfulstatements in a narration of facts. The selling of invoices to the customer for half their respective values does not constitutea separate and distinct offense, because it is merely evidence of damage to the company, which is an element offalsification of a private document. However, if the record of the account of B is a commercial document, defined and regulated by the Code of Commerce orother mercantile law, the book-keeper is liable for two distinct and separate crimes, namely, (1) qualified theft of the invoiceswhich he sold to B; and (2) falsification of a commercial document which was committed to conceal the crime of qualifiedtheft. Falsification was not necessary to commit the qualified theft, because the bookkeeper had in his possession the invoicesstolen. (418, 1968)

[BAR 1982] A, son of B, knowing that X owed B P1,000 which had already matured, wrote a collection letterto X, falsifying Bs signature in the letter which A himself delivered to X without Bs knowledge. X paid


15/36

the amount to A and appropriated the money for his personal use. Upon learning of such, B filed a complaintagainst his son. If you were the fiscal, for what crime/s would you prosecute A?

Falsification of private document. Although falsification was used as a means for A to misappropriate the amount deliveredto him by X, a complex crime of estafa thru falsification of private document is NOT committed because the element ofdamage in estafa is the same damage which is an element of falsification of private document. It is not estafa becausewithout the falsification, A would not have committed the defraudation.

Note: Despite the relationship, there is still criminal liability since relationship is an absolutory cause in theft, estafa, andmalicious mischief only. ( 408, BAR 1982)

[BAR 1984] Can the complex crime of estafa thru falsification of private document be committed? There is no such crime punishable under the RPC, so it cannot be committed under any circumstance. The reason for this is that the falsification of a private document to be punishable requires damage to a third person or intentto cause damage, consequently, where there is conversion to his own use of the amount collected through the use offalsified documents, the crime committed is that of falsification of private document with prejudice to a third person and notestafa through falsification of private document. (374, 1984 Criminal Law Samplex)

[BAR 1988] Andrea signed her deceased husbands name in e ndorsing his three treasury warrants which weredelivered to her directly by the district supervisor who knew that her husband had already died, and she used theproceeds to pay for the expense of her husbands last illness and his burial. She knew that he r husband hadaccumulated c=vacation and sick leaves the money value of which exceeded that value of the three treasurywarrants, so that the government suffered no damage. Andreas appeal is based on her claim of absence ofcriminal intent and of good faith. Should she be found guilty of falsification?

Andrea should be held guilty of falsification of public documents. Her claim of absence of criminal intent and of good faithcannot be considered because she is presumed to know that her husband is dead. The element of damage required infalsification does not refer to pecuniary damage but damage to public interest. Executive clemency can however be soughtby Andrea. (309-310, 1988 Criminal Law Samplex )

[BAR 1989] Oscar, a former welder and painter at the Caloocan Motor Works owned by Arturo, went to theDowntown Hardware Store where Arturo gets materials on credit, and presented to its manager a typewritten orderfor two cans of Dietsler car paint. The signature of Arturo on the order was falsified. After receiving the paint,Oscar sold them and kept the proceeds therefrom. If you were the investigating fiscal, what charge or charges will

you file against Oscar? The proper charge against Oscar is Falsification of a private document. By forging the signature of Arturo on the typewrittenpurchase order for two cansof car paint, Oscar committed the crime of falsification. The document falsified by him, however,is a private document. A typewritten purchase order is neither a public, official or commercial document. It is a privatedocument. Falsification of a private document, however, is not a crime unless there is damage or intent to cause damage.When Oscar used the falsified private document to obtain the two cans of paint from the hardware store, the element ofdamage arose, thus consummating the crime of falsification of private document. Precisely because damage is an essential element of the crime of falsification of a private document, Oscar cannot beconvicted of the complex crime of estafa through falsification of private document. Only one single crime of falsification ofprivate document is committed here. The damage to another is caused by commission of said crime. The intent to defraud inusing falsified private document is part and parcel of said crime and cannot give rise to the crime of estafa, becausedamage, which is also an essential element of estafa, is caused by, and becomes the element of, the crime of falsification ofprivate document. The crime of estafa is not committed, as it cannot exist without its own element of damage. If the private document in the case was falsified, not to induce the offended party to part with something if value but to coverup or conceal a defraudation previously made, then the crime committed is estafa. The falsification would be absorbed insaid offense, the element of damage in one being the same as that required in the other. (280-282, 1989 Criminal LawSamplex ) [BAR 1993] B imitated the signature of A, registered owner of a lot, in special power of attorney naming him (B) asthe attorney-in-fact of A. On Feb. 13, B mortgaged the lot to a bank using the special power of attorney to obtain aloan of 8,500.00. B failed to pay, the bank foreclosed the mortgage and the lot. If you were the lawyer of A, withwhat crime or crimes would you charge B?

The crime committed is estafa through falsification of public document. (210, Bar 1993)


16/36

[BAR 1993] L, a municipal mayor, issued an appointment in favor of his legitimate son, S, as meat inspector in theOffice of the Municipal Treasurer. He also issued a certification that S is not related to him within the 3rd degree ofconsaguinity.

L was charged and found guilty of falsification of public document. In his appeal, he argued that his conviction iserroneous because he had no legal obligation to disclose the truth about his relationship with the appointee andthat he was in good faith as he later on revoked the appointment.

Resolve his plea, supporting your resolution with reasons.

The conviction is correct. L had the legal obligation to issue a certification to the effect that the appointee is not related tohim within the 3rd degree of consaguinity. Good faith may not be invoked in the crime of falsification of a public document ascriminal intent and the will to commit the crime are presumed to exist unless the contrary appears. (216, BAR 1993)

[BAR 1992] Jose Dee Kiam, a Chinese citizen, having applied with a recruitment agency to work in Kuwait, went toQC Hall to procure a Community Tax Certificate. he stated therein that his name is Leo Tiampuy, a Filipino citizenborn in Binan, Laguna. As he paid for the certificate, Cecille Delicious, an emplyee, recognized him and reported toher boss that the information written were all lies.

What crime, if any, may he be indicted for?

Dee Kiam can be indicted for the felony of Falsification of a Public Document committed by a private individual under Art.172. A residence certificate is a public or official document within the context of the provision. Since Dee Kiam made anuntruthful statement in a narration of facts (Ar. 171, par. 4) and he being a private individual, he is culpable thereunder.

The accused moved to quash the information on the ground that it did not allege that he had the obligation todisclose the truth in the Community Tax Certificate; that the same is a useless scrap of paper which one can buy inthe Quiapo underpass and that he had no intent of deceiving anybody. Would you grant the motion to quash basedon these allegations?

Falsification of public documents does not require that the document is required by law. The sanctity of the public documentcannot be taken lightly. Intent to cause damage or actual damage, is not an indispensable requisite for falsification of publicdocument. (236, Bar 1992)

[BAR 2007] Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it appear thatthe rice mill was earning less than it actually was by writing in a talaan or ledger a figure lower than what wascollected and paid by their customers. Fe then pocketed the difference. What crime/s did Fe commit, if any?Explain.

If the talaan or ledger, which Fe made to show a falsehood, was a private document, the only crime that Fe committed wasestafa through abuse of confidence or unfaithfulness. Criminal liability for falsification of a private document does not arisewithout damage or at least proof of intent to cause damage. It cannot co-exist with the crime of estafa which essentiallyrequires damage or at least proof of intent to cause damage. Since the talaan was falsified to cover-up or conceal themisappropriation of the amount involved, whatever the damage or intent to cause damage attends the falsification, it will bethe same damage or intent to cause damage that will attend estafa.

If such talaan or ledger was a commercial document, damage or proof of intent to cause damage is not necessary. Thefalsification alone if done with intent to pervert the truth, would bring about criminal liability for falsification of a commercialdocument. Damage or intent to cause damage, would sustain the estafa independently of the falsification of the commercialdocument. In this case, 2 separate crimes are committed; namely, estafa and falsification of the commercial document. Thefalsification should not be complexed with the estafa since it was not committed as a necessary means to commit the estafabut rather resorted to, to conceal or hide the misappropriation of the amount she pocketed.

Alternative ans wer. The crimes committed by Fe are theft and falsification of private document because Fes possession ofthe proceeds of the rice mill was only physical, not juridical, possession, and having committed the crimes with grave abuseof confidence, it is qualified theft.


17/36


18/36

But a private individual can be held criminally liable as principal by inducement in the falsification of telegraph dispatches ortelephone messages.

But if he knowingly uses any falsified telegraph to the prejudice (or with intent to) of a 3 rd person, it is not necessary that hebe connected with such corporation.

Act No. 1851, Sec 4 punishes private individuals who forge or alter telegrams knowing the same to be forged, is punished bya fine not exceeding 100 pesos. (244, Reyes)

[1968] A, a private person and not employed in any office sent a telegram to B who was then in Mindanao, stating inthe telegram that the latters father was dead and that he had to come home to Manila, B came home, incurringexpenses for his trip, only to find out that his father was very much alive and in good health. Is A liable forfalsifying telegraph message? No, because he is neither a public officer or employee nor an officer or employee of a private corporation engaged in theservice of sending or receiving wireless, telegraph or telephone message. The falsification of, or the uttering of fictitious wireless, telegraph or telephone messages can be committed only by anofficer or employee of the Government or of any private corporation engaged in the service of sending or receiving wireless,telegraph or telephone messages. But A is liable as a principal by inducement in the crime of falsification of telegraph message. (419, 1968)

----------SECTION 5: FALSIFICATION OF MEDICAL CERTIFICATES, CERRTIFICATES OF MERIT OR SERVICE, AND THELIKE

Art. 174. False medical cer t i f ica tes , fa lse cer t i f ica tes of meri ts o r service , e tc . The penalties of arresto mayor in itsmaximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon: 1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and 2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within theclasses mentioned in the two preceding subdivisions.

What is a certificate? A certificate is any writ ing by which testimony is given that a fact has or has not taken place. (245,Reyes)

Who are persons liable for falsification of certificates? 1. Physician or surgeon, who in connection with the practice of his profession, issued a false certificate. (It must refer to theillness or injury of a person) The crime is False Medical Certificate by a physician. 2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances. The crime is FalseCertificate of Merit or Service by a Public Officer. 3. Private individual who falsified a certificate falling in the classes mentioned in 1 and 2. The crime is False MedicalCertificate by a private individual or False Certificate of Merit or Service by a Private Individual. (245, Reyes)

Is the falsification of the certificate of large cattle covered by 174?NO. It is covered by 171 and 172, depending on who the offender is. This certificate is a public document. Cattle isconsidered as propert y and the phrase similar circumstances does not seem to cover property. (US v Sayson)

How about certificate of residence? YES

[1968] A civil complaint was filed by A against B for damages, on account of the serious physical injuries which thelatter inflicted upon the former. A induced C his physician to sign a certificate to the effect that he treated A,charged and received from him the sum of P500 as his fee, but the fact is that C received only P200 in full paymentof his fee. What crime was committed by the physician? Falsification of private document and not falsification of medical certificate because the certificate issued does not refer tothe illness or injury of a person. In falsification of medical certificate, the false facts certified must refer to the illness or injuryof a person (420, 1968)

----------


19/36

Art. 175. Using fa lse cer t i f ica tes . The penalty of arresto menor shall be imposed upon any one who shall knowingly useany of the false certificates mentioned in the next preceding article. What are the 3 elements? 1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of meritor service, good conduct, or similar circumstances, or a private person had falsified any of said certificates. 2. That the offender knew the certificate was false 3. That he used the same

Note: When any of the false certificates mentioned in 174 is used in the judicial proceeding, 172 does not apply, becausethe use of false documents in judicial proceeding under 172 is limited to those documents in 171 and 172. ----------

SECTION 6: MANUFACTURING, IMPORTING, AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDEDFOR THE COMMISSION OF FALSIFICATION

Art. 176. Manufac tu r ing and posses s ion o f in s t rumen t s o r imp lemen t s fo r f a l s i f i cat ion . The penalty of prisioncorreccional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be imposed upon anyperson who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other instruments or implementsintended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sectionsof this Chapter.

Any person who, with the intention of using them, shall have in his possession any of the instruments or implementsmentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that provided therein.

What are the 2 acts punished? 1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeitingor falsification 2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduce into thePhilippines by another person

Ex: Person who imitated the seal of Lipa to make false certificates, possession of an iron brand to falsify cattle branding

Do the implements confiscated have to form a complete set? NOPE. It is enough that they may be employed bythemselves or together with other implements to commit the crime.

Is constructive possession of the implements punishable? YES. Actual, physical, constructive possession arepunishable. (247, Reyes) ----------

CHAPTER 2: OTHER FALSITIES SECTION 1: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS, ANDINSIGNIA

Art. 177. Usurpa t ion o f au tho r i ty o r o ff i c i a l func t ions . Any person who shall knowingly and falsely represent himself tobe an officer, agent or representative of any department or agency of the Philippine Government or of any foreigngovernment, or who, under pretense of official position, shall perform any act pertaining to any person in authority or publicofficer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to doso, shall suffer the penalty of prision correccional in its minimum and medium periods.

What is a usurper? One who introduces himself into an office that is vacant, or who, without color of title, ousts theincumbent and assumes to acts as an officer. (250, Reyes)

Can 177 be applied to an occupant under color of title? NOPE. How many offenses are contemplated in 177? Two. Usurpation of authority and usurpation of official functions

What are the 2 ways of committing the crime? 1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of thePhilippine Government or of any foreign government 2. By performing any act pertaining to any person in authority or public officer of the Philippine Government or any foreigngovernment, or any agency thereof, under pretense of official position and without being lawfully entitled to do so

NOTE: The mere act of knowingly and falsely representing oneself is sufficient. It is not necessary that he performs an actpertaining to the public officer. (249, Reyes)

Note: It is essential that the offender should have performed an act pertaining to a person


20/36

There must be positive, express, and explicit representation on the part of the offender before he can be convicted ofusurpation of authority.

Can false representation be shown by acts?YES. Thus, even in the absence of evidence that the accused represented himself as a police officer, his acts sufficientlyestablish his culpability for the crime. (250, Reyes)

Can 177 be violated by a public officer? YES. It applies to any person and when the law does not distinguish, the court should not distinguish. (People v Hilvano) Is there an additional penalty for usurping the authority of diplomatic or consular or any other official of a foreigngovernment?YES. Sec 1 of RA 75 punishes any person who shall falsely assume and act as a diplomatic, consular, or any other officialof a foreign government with intent to defraud such foreign govt or the govt of the Philippines. In addition to the penaltyimposed in the RPC, the offender shall not be fined more than 5k pesos or shall be imprisoned for not more than 5 years orboth.

What does RA 10 say? AN ACT PENALIZING USURPATION OF PUBLIC AUTHORITY. Section 1. Any person who, with or without pretense ofofficial position, shall perform any act pertaining to the Government, or to any person in authority or public officer, withoutbeing lawfully entitled to do so, shall be punished with imprisonment for not less than two years nor more than ten years.

The act performed to be chargeable under Sec. 1 of RA 10 must pertain to the (1) Government or (2) any person in

authority or (3) to any public officer.

To whom is RA 10 applicable to? Only to members of seditious organizations engaged in subversive activities

[1968] The mayor of the town, although the justice of the peace was in the municipality, conducted preliminaryexamination and ordered the arrest of the offender. Is the mayor liable for usurpation of official functions of the

justice of the peace? No because the act is specifically covered by Art. 241 of the revised penal code, which punishes any officer of the executivebranch of the Government which assumes judicial powers. (421, 1968)

[1968] A, a private individual, pretended to be a detective f the M.P.D. and succeeded in securing the consent of theowner of a house to enter the same, because of is false representation that would make an investigation. Onceinside, and taking advantage of the fact that the owner went to his bedroom to change clothes, A took from thetable a purse containing money and left. In addition to whatever other crime he committed, did A commitusurpation of authority? No, because pretending the exercise of public authority was made by A to gain entrance into the house of the offended partyto commit robbery with force upon things in that house. Since it is an element of the offense of robbery, the crime ofusurpation of authority is deemed absorbed. (421-422, 1968)

[1968] In usurpation of authority or official function, is it necessary for the offender to perform a public function inthe government or any of its branches? If he already knowingly and falsely represented himself to be an officer, agent or representative of any department or agencyof the Philippine Government or of any foreign government, it is not necessary to perform an act pertaining to any person inauthority or public office. He is already guilty of usurpation of authority. But if, in addition to pretense of official position whichhe made, he also performed any act pertaining to any person in authority or public officer of the Philippine Government orforeign government, or any agency thereof, without being lawfully entitled to do so, he is guilty of usurpation of officialfunctions. (422, 1968)

---------- Art. 178. Using f i c t i t i ous name and concea l ing t rue name . The penalty of arresto mayor and a fine not to exceed 500pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime,

evading the execution of a judgment or causing damage. Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine notto exceed 200 pesos.

What are the 3 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-

a. to conceal a crime b. to evade the execution of a judgment or c. to cause damage to public interest


21/36

What is a fictitious name? Any other name which a person publicly applies to himself without authority of law (255, Reyes) If the purpose is for causing damage, it must be damage to public interest. If it is damage to private interest, the crimewill be estafa. (255, Reyes)

Is signing a fictitious name in an application for a passport considered as publicly using such fictitious name? YES How about evading the execution of judgment or to conceal a crime?When a person takes the place of another who has been convicted by final judgment, he is guilty of using a fictitiousname. (255, Reyes)

What are the 2 elements (concealing true name)? 1. that the offender conceals-

a. his true name and b. all other personal circumstances

2. that the purpose is only to conceal his identity

What is the distinction between the use of fictitious name and concealing the true name? a. In the use of fictitious name, the element of PUBLICITY must be present; in concealing, that element is not necessary b. The purpose in use of the fictitious name is any of those 3 enumerated; in concealing, it is merely to conceal identity (256,Reyes)

How about use of unregistered aliases? RA 6085 applies. AN ACT AMENDING COMMONWEALTH ACT NUMBERED ONE HUNDRED FORTY-TWO REGULATING THE USE OF ALIASES.

"Sec. 1. Except as a pseudonym solely for literary, cinema, television, radio or other entertainment purposes and in athleticevents where the use of pseudonym is a normally accepted practice, no person shall use any name different from the onewith which he was registered at birth in the office of the local civil registry, or with which he was baptized for the first time, or,in case of an alien, with which he was registered in the bureau of immigration upon entry; or such substitute name as mayhave been authorized by a competent court: Provided, That persons, whose births have not been registered in any local civilregistry and who have not been baptized, have one year from the approval of this act within which to register their names inthe civil registry of their residence. The name shall comprise the patronymic name and one or two surnames." "Sec. 2. Any person desiring to use an alias shall apply for authority therefor in proceedings like those legally provided toobtain judicial authority for a change of name, and no person shall be allowed to secure such judicial authority for more thanone alias. The petition for an alias shall set forth the person's baptismal and family name and the name recorded in the civilregistry, if different, his immigrant's name, if an alien, and his pseudonym, if he has such names other than his original orreal name, specifying the reason or reasons for the use of the desired alias. The judicial authority for the use of alias theChristian name and the alien immigrant's name shall be recorded in the proper local civil registry, and no person shall useany name or names other, than his original or real name unless the same is or are duly recorded in the proper local civilregistry." "Sec. 3. No person having been baptized with a name different from that with which he was registered at birth in the local

civil registry, or in case of an alien, registered in the bureau of immigration upon entry, or any person who obtained judicialauthority to use an alias, or who uses a pseudonym, shall represent himself in any public or private transaction or shall signor execute any public or private document without stating or affixing his real or original name and all names or aliases orpseudonym he is or may have been authorized to use." "Sec. 4. Six months from the approval of this act and subject to the provisions of section 1 hereof, all persons who haveused any name and/or names and alias or aliases different from those authorized in section one of this act and dulyrecorded in the local civil registry, shall be prohibited to use such other name or names and/or alias or aliases." "Sec. 5. Any violation of this Act shall be punished with imprisonment of from one year to five years and a fine of P5,000 toP10,000."

Will the use of another name in a single instance constitute use of an alias? No. Use in a single instance without any sign that the user intends to be known by such from that day forth does not fallwithin the prohibition in CA 142. ( 479, Boado )

When can a resident Filipino citizen use an alias legally? a. As pseudonym for literary, cinema, television, radio or other entertainment purposes and in athletic events b. Any name other than original name duly recorded in proper local civil registry c. When authorized by competent court ( 479, Boado )

What is the law on illegal use of alias? Intent to Publicly Use the alias must be manifest. The rule in the law of libel-that mere communication to a 3 rd person is publicity- does not apply to violations of CA 142. To be considered public, it mustbe made openly or to cause it to become generally known. (257, Reyes)

What is the liability of a person who takes the place of a convict and uses a fictitious name? A person who takes the place of a convict will be liable for delivering a prisoner from jail (Art 156) and the use of fictiti ousnames for that purpose may be absorbed therein. The convict who was replaced will be guilty of evasion of service of


22/36


23/36

Accordingly, the nature of the case or proceeding involved, and the penalty or sanction consequent to the falsehoodcommitted therein, principally determine the offenders criminal liability and the applicable punitive article under this Code.(464, Regalado)

----------

Art. 180. False tes t imo ny against a defendant . Any person who shall give false testimony against the defendant in anycriminal case shall suffer: 1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death; 2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua; 3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and 4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall havebeen acquitted. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000 pesos.

What are the 4 elements? 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 either acquitted or convicted in a final judgment

How to determine the penalty?It depends upon the sentence of the defendant.[Furthermore,] the conviction or acquittal of the accused therein is a pre-judicial question since the penalty for the witnesswho gave such false testimony depends upon the judgment rendered for or against the accused and the sentence meted tohim (464, Regalado)

Defendant must be sentenced at least to (1) a correctional penalty or (2) a fine or (3) must be acquitted What if the false testimony was not considered by the court? The witness is still liable. The law intends to punish themere giving of false testimony.

Would an accused punished with a light penalty be considered to have committed a false testimony covered underArt. 180? If the accused was punished with a light penalty other than a fine, it will not be false testimony in Art. 180,as Paragraph 4,thereof refers to a correctional penalty inclusive of arresto mayor, fine or acquittal. (465, Regalado) ----------

Art. 181. False tes t imo ny favorab le to the defendants . Any person who shall give false testimony in favor of thedefendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in itsminimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, andthe penalty of arresto mayor in any other case.

Note: This crime is equally repugnant to the orderly administration of justice What is the reason for punishing the crime of false testimony?It is not punished because of the effect it produces, but because of its tendency to favor or to prejudice the defendant. (263,Reyes)

Does the false testimony in favor of the defendant have to directly influence the decision of acquittal? Does thefalse testimony have to benefit the defendant? NO. It is sufficient that it was given with the intent to favor the accused. (263, Reyes)

Note: A statement by a witness that he is an expert in handwriting is a statement of mere opinion, the falsity of which is notsufficient to convict him

Is the conviction or acquittal of defendant in the principal case necessary? NO. It is sufficient that the defendant is prosecuted for a felony punishable by afflictive penalty. (264, Reyes)

Note: The defendant who falsely testified in his own behalf in a criminal case is guilty of false testimony favorable to thedefendant.

What if a rectification was made spontaneously after realizing the mistake?


24/36

Witness is not liable, as long as there is no sufficient evidence that he acted with malice or with criminal intent to testif yfalsely (265, Reyes)

[BAR 1995] Paolo was charged with homicide before the RTC. Andrew, a prosecution witness, testified that he sawPaolo shoot Abby during their heated argument. While the case is still pending, the City Hall of Manila burned downand the entire records of the case were destroyed. Later, the records were reconstituted. Andrew was again calledto the witness stand. This time he testified that his first testimony was false and the truth was he was abroad whenthe crime took place.

The judge immediately ordered the prosecution of Andrew giving a false testimony favorable to the defendant in acriminal case.

1.) Will the case against Andrew prosper? 2.) Paolo was acquitted. The decision became final on Jan 10, 1987. On June 18, 1994 a case of giving falsetestimony was filed against Andrew. As a lawyer, what legal step will you take?

1.) Yes, for one to be criminally liable under Art 181, it is not necessary that the criminal case where Andrew testified isterminated first. It is not even required of the prosecution to prove which of the two statements is false and to prove thestatement to be false other than the contradictory statements.

2.) As a lawyer, I will file a motion to quash the information on the ground of prescription. The crime of false testimony hasalready prescribed because the accused was acquitted in 1987 and the penalty prescribed for such is arresto mayor. Crimespunishable by arresto mayor prescribes in 5 years (Art. 90). But the case was filed in 1994. The period of time from theacquittal to the filing is more than 5 years.---------- Art. 182. False tes t imo ny in c ivi l cases . Any person found guilty of false testimony in a civil case shall suffer thepenalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in controversy shallexceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional in its minimum periodand a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot be estimated.

What are the 5 elements? 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 said case

Is 182 applicable when the false testimony is given in special proceedings?

No. 182 applies only to ordinary civil cases. (266, Reyes) Note: The falsity of testimony must first be established. Pending determination of the falsity of the subject testimonies, thecriminal action is suspended. How about the penalty? The penalties vary. Eh yun lang ang nakasulat. :( ----------

Art. 183. False testimony in other cases and perjury in solemn affirmation. The penalty of arresto mayor in itsmaximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makesuntruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or makean affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the lawso requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned inthis and the three preceding articles of this section, shall suffer the respective penalties provided therein.

What is the nature of perjury? How should it be treated? It is the willful and corrupt assertion of falsehood under oath administered by authority of law on a material matter. Measuresagainst such offense must not be so severe as to discourage others from lodging complaints or testifying. ( Villanueva v.Secretary of Justice )


25/36

What are the 2 ways of committing perjury? 1. By falsely testifying under oath and 2. By making a false affidavit

Note: Falsely testifying under oath should not be in a judicial proceeding (268, Reyes)

What is the difference between false statement and perjury? False statement is committed in judicial proceedings and the statement given by the witness is not required by law, whereasperjury does not take place in a judicial proceeding but the statement given by the declarant is required by law (468,Regalado)

What are the 4 elements of perjury?

1. That the accused made a statement under oath or executed an affidavit upon a material matter 2. That the statement or the affidavit was made before a competent officer, authorized to receive and administer oath 3. That in the 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

What is the definition of material matter? It is the main fact which is the subject of the inquiry or any circumstance whichtends to prove that fact or corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimatelyaffects the credit of any witness that testifies. The test of materiality is whether a false statement can influence the tribunal.(People vs Banzil)

Must there be competent proof of materiality? Where materiality is a statutory element of the crime, there must becompetent proof (US v Estrada)

What i s the difference between material, relevant and pertinent?The matter is material when it is directed to prove a fact in issue. It is relevant when it tends in any reasonable degree to establish the probability or improbability of a fact in issue. It is pertinent when it concerns collateral matters which make more or less probable the proposition at issue.

Is there perjury if the sworn statement is not material to the principal matter under investigation? NONE. If the falsetestimony given by the witness is not important, essential or material to the principal matter, no perjury is committed. (271,Reyes) What is the meaning of a competent person authorized to administer oath? This means a person who has the rightto inquire into the questions presented to him upon matters under his jurisdiction

Is there perjury if the defendant subscribed and swore before a clerk in treasurers office? NONE, because the clerkis not a competent person authorized to administer oath (269, Reyes)

NOTE: Hence, there is no perjury through negligence and imprudence. (272, Reyes)

Is good faith or lack of malice a defense in perjury? YES, because of the 3rd element.

What is the meaning of the 4th element? Is it necessary that there be a specific provision of law requiring theaffidavit or sworn statement to be made?In an unpublished decision (People vs Angangco), it was held that the word requires may be given the meaning ofauthorizes. Hence, even if there is no law requiri ng the statement to be made under oath, as long as it is made for a legalpurpose, it is sufficient. (273, Reyes)

What is an oath?

It is any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully andtruthfully. It involves the idea of calling God to witness what is averred as truth, and that there is an invocation of hisvengeance or a renunciation of His favor, in the event of falsehood. (268, Reyes)


26/36

What is an affidavit? An affidavit is a sworn statement in writing; a declaration in writing, made upon an oath before an authorized magistrate orofficer (268, Reyes)

What is the policy of the law on perjury?It is the policy of the law that judicial proceedings shall be fair and free from fraud. Every interest of public policy demandsthat perjury be not shielded by artificial refinements and narrow technicalities for perjury strikes at the very administration ofthe laws. (274, Reyes)

Should the proceeding for which perjury was committed be terminated before prosecution for such crime becommenced?

It is not necessary that the proceeding in which perjury was committed be first terminated before prosecution can becommenced. When he filed his petition, he committed perjury as all the elements of the crime were already present . Hiswithdrawal of his petition only terminated the proceedings thereon; ti did not extinguish his culpability for perjury which wasalready consumated (Choa v. People)

What does not being included in the provisions of the next preceding articles mean? This phrase indicates thatperjury is a crime other than false testimony in criminal or civil cases. It is an offense which covers false oaths other than

those taken in the course of judicial proceedings.

Are two contradictory statements sufficient to convict perjury? NO. The prosecution must prove which of the 2statements is false and must shoe that statement to be false by other evidence than the contradictory statement. (274,Reyes)

What is the meaning of subornation of perjury? It is committed by a person who knowingly and willfully procures anotherto swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. (US v Ballena)

Is subornation of perjury expressly penalized in the RPC?NOPE. The crime is treated as plain perjury, the one inducing another as principal by inducement and the latter as principalby direct participation. (275, Reyes)

What would happen if the declarant merely refused to answer? a. if made before legislative boy. he would be liable under Art. 150, plus contempt

b. if in a judicial body, it would be direct contempt under Rule 71 c. if in other administrative or deliberative bodies, it would be administrative or deliberative bodies, it would also

constitute contempt if that body is vested with contempt powers, otherwise upon application to the proper court (469,Regalado)

What is the difference between perjury from incriminating an innocent person? Perjury consists of actual imputation of a crime in the prosecution of the victim, while incriminatory acts in Art. 363 are thosewhich are merely intended to cause or bring about such prosecution by planting evidence against the victim (People vRivera)

[1968] To hold a person liable for perjury , must there be a law requiring that a testimony under oath or an affidavitbe made in certain cases? It is not a settled question but it is submitted that there must be a law requiring it. This interpretation must prevail becausesuch stricter interpretation is favorable to the accused. (427, 1968)

[BAR 1978] A was defendant in a collection suit for an unpaid loan extended to him by B. In his answer under oath,A swore he did not owe B anything, much less did he borrow any amount from him. The court found As answer tobe false and rendered judgment for B. A was later charged and prosecuted for perjury for making a false statementunder oath. Decide, state your reasons.

A is not liable for perjury. Verification of the answer is not required by law ( People v. Tupasi, 36 O.G. 2038 ). The SC alsoheld that a verified answer pertinent to the issue is absolutely privileged. ( Floredelis v. Humaloan, et al. L-8088, July 31,1978) (467, BAR 1978 )


27/36

[BAR 1978] Jose, 16 years old, was found guilty of homicide. Because of his age, he was held to be a youthfuloffender pursuant to PD No. 603, and the judge ordered him committed to the government rehabilitation center inTanay, Rizal. He was released after a year and a half because of good behavior. He later applied for an wasappointed as clerk in the CFI of Rizal. Among the papers he submitted was an application form under oath whereJose stated that he had never been charged with, much less convicted of, any crime, in complete disavowal of hisprevious conviction. What offense/s did Jose commit? State your reasons. None. Under PD No 603 as amended, the records of his case are privileged and there is no liability for perjury orconcealment or misrepresentation by reason of his failure to acknowledge the case or recite related facts. ( 470-471, BAR1978 ) ----------

Art. 184. Offering false testimony in evidence. Any person who shall knowingly offer in evidence a false witness ortestimony in any judicial or official proceeding, shall be punis