FSCL_Midterms

• Forgery


  Giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document
• Forgery


  Erasing, substituting, counterfeiting, or altering by any means, the figures, letters words or signs contained in a document
• Punishable acts under Article 161 of the RPC

  • Forging the Great Seal of the Government of the Philippines
  • Forging the Signature of the President
  • Forging the Stamp of the President
• Counterfeiting


  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 a genuine coin.
• Elements of making and importing false coins (Article 163)

  • There be False or counterfeited coins
  • The offender either Made, imported, or uttered such coins
  • In case of Uttering such false or counterfeited coins, he/she connived with the counterfeiters or importers
• 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.
• Former coins withdrawn from circulation can be counterfeited under Article 163.
• Punishable acts under Article 164 of the RPC

  • Mutilating coins of the legal currency, with the intent to damage or to defraud another
  • Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering
• Mutilation


  To take off part of the metal either by filing it or substituting it for another metal of inferior quality. It is an act to diminish by ingenious means the metal in the coin.
• Article 164 only covers mutilating coins of legal currency or current coins of the Philippines. It does not cover mutilating foreign coins.
• Punishable acts under Article 165 of the RPC


  • Possession of coin, counterfeited or mutilated by another, although without connivance, with intent to utter the same knowing that it is false or mutilated
  • Actually uttering false or mutilated coin, knowing that it is false or mutilated
• Article 165 does not require that the false coin be current or legal tender, but if the coin being uttered or possessed with intent to utter is a mutilated coin, it must be legal tender.
• A person who counterfeited, mutilated or imported a coin cannot be additionally liable under Article 165 for possession of the said coins.
• Forgery (Articles 166-168)


  Giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document
• Forgery (Articles 166-168)


  Erasing, substituting, counterfeiting, or altering by any means, the figures, letters words or signs contained in a document
• Punishable acts under Article 166


  • Forging or falsification of treasury or bank notes or other obligations and securities payable to bearer
  • Importation of the same such that they are brought into the Philippines and presupposes that the obligations or notes are forged or falsified in a foreign country
  • Uttering the same in connivance with forgers or importers
• Elements of counterfeiting, importing and uttering instruments not payable to bearer (Article 167)


  • That there be an instrument payable to Order or other document of credit Not payable to bearer
  • That the offender either Forged, imported, or uttered such instrument
  • That in case of uttering he/she Connived with the importer or forger
• Elements of illegal possession and use of false treasury or bank notes and other instrument of credit (Article 168)

  • That the Treasury or Bank note or certificate or other obligation and securities payable to bearer or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another
  • The offender Knows that any of these instruments is forged or falsified
  • That he/she performs any of these acts: Using any of such forged or falsified instruments or Possession with intent to use of any of the forged or falsified documents
• Kinds of documents for purposes of falsification

  • Legislative documents
  • Public, official, or commercial document by a Public officer, Employee, or Notary public, or Ecclesiastical Minister
  • Public, official, or commercial document by a Private individual
  • Private document by Any person
  • Wireless, telegraph, and telephone Messages
• Forgery


  Falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or order
• Falsification


  The commission of any of the eight (8) acts mentioned in Article 171 on legislative, public or official, commercial, or private documents, or wireless, or telegraph messages
• The absence of satisfactory explanation, one who is found in possession of, and who has used, a forged document is the forger and therefore, guilty of falsification.
• Elements of falsification of legislative documents (Article 170)

  • That there be a Bill, resolution, or ordinance enacted by or approved or pending approval by either House of the Legislative or any provincial board or municipal council
  • The offender Alters the same
  • That he/she has no Proper authority therefor
  • That alteration Changed the meaning of the document
• Elements of falsification by public officer, employee or notary or ecclesiastical minister (Article 171)

  • That the offender is a Public officer, Employee, Notary public, or Ecclesiastical minister
  • That he/she takes Advantage of his/her official position
  • The offender Falsifies a document
• Taking advantage of official position

  The offender takes advantage of his/her official position in falsifying a document when: 1) He/she has the duty to make or to prepare or otherwise to intervene in the preparation of the document; or 2) He/she has the official custody of the document which he/she falsifies
• Falsification by a public officer who did not take advantage of official position

  The public officer will be criminally liable but punished under Article 172 instead of Article 171 because they will be considered a private person committing the crime of falsification
• Liability of heads of offices as final approving authority if document contains falsities

  Under the Arias Principle, heads of offices have a right to rely on their subordinates and the good faith of those who prepared the documents, and are not liable for the falsification. However, they can be liable as co-principal if there is clear evidence of conspiracy or if through their negligence they brought about the commission of the crime.
• Liability of private individual in falsification by a public officer when there is conspiracy


  A private person who cooperates with a public officer in the falsification of a public document is guilty of this crime and incurs the same liability and penalty as the public officer
• Documents may be simulated or fabricated. In falsification of a public document, the falsification need not be made on an official form. It is sufficient that the document is given the appearance of, or made to appear similar to, the official form.
• Requirement of a genuine document in falsification

  It depends on the mode of falsification. In falsification by (1) making alteration or intercalation, or (2) including in a copy a different statement, there must be a genuine document that is falsified. In other paragraphs of Article 171, falsification may be committed by simulating or fabricating a document.
• The different modes of falsifying a document under Article 171

  • Counterfeiting or imitating any handwriting, signature or rubric
  • Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate
  • Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them
  • Making untruthful statements in a narration of facts
  • Altering true dates
  • Making any alteration or intercalation in a genuine document which changes its meaning
  • 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
  • Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book
• Liability if there is no attempt to imitate the signature


  If there is no attempt whatsoever by the accused to imitate the signatures of the other person so that they are entirely unlike the genuine signature, the accused may be found guilty under the second mode of falsifying a document
• Alteration which speaks the truth is not falsification. The idea of deception is inherent in the word alteration of making the instrument speak something which the parties did not intend it to speak. It is a falsification, and not a correction, which the law punishes.
• That the defendant against whom the false testimony is given is either Acquitted or Convicted in a final judgment
• Falsification of public, official or commercial document by a private individual

  1. The offender is a Private individual or a public Officer or Employee who did not take advantage of his official position; 2. That he/she committed any of the acts of falsification enumerated in Article 171 (1-6); and 3. That the falsification was committed in a public or official or commercial Document
• Falsification of private document by any person

  1. That the offender committed Any of the acts of falsification except those in par. 7, enumerated in Article 171; 2. That the falsification was committed in a Private document; and 3. That the falsification caused damage to a third party or at least the falsification was committed with the intent to cause Damage
• Elements of using fictitious name


  • A fictitious name is any other name which a person publicly applies to him/herself without authority of law (U.S. vs. To Lee Piu, G.R. No. 11522, September 26, 1916)
  • That the offender uses a Name other than his/her real name
  • That he/she uses that fictitious name Publicly
  • That the purpose of the offender is: To Conceal a crime, To Evade the execution of a judgment, or To cause Damage to public interest
• Use of falsified documents in judicial proceeding


  1. Introducing in a judicial proceeding; 2. That the offender Knew that the document was falsified by another person; 3. That the false document was embraced Article 171 or in subdivision No. 1 or 2 of Article 172; and 4. That he/she introduced said document in evidence in any Judicial proceeding
• What if the purpose is to cause private, and not public damage? If damage is caused to private interest, the crime will be estafa under Article 315, subdivision 2
• Elements of concealing true name


  That the offender conceals his/her true name and All other Personal circumstances, and That the purpose is only to conceal his/her identity