Beruflich Dokumente
Kultur Dokumente
The complainant here together with Del pilar and Araneta was
held liable of illegal possession of treasury notes. Article 171 of the Revised Penal Code is committed by "any public officer,
employee or notary who, taking advantage of his official position, shall
Del Rosario in this case appealed whether the mere possession falsify a document by committing any of the following acts: . . . p4. Making
of the counterfeited and altered treasury notes of the Philippines is untruthful statements in a narration of fact; . . .' It is settled that in this
punishable. As known in this case, Del Rosario here was convinced by Del fourth kind of falsification, the following requisites must concur:
Pilar and Araneta to finnce the manufacturing of the said notes which were
manufactured by the two earlier mentioned. (a) That the offender makes in a document untruthful statements in a
narration of facts;
Issue: IS the mere possession a violation of Article 168, being a treasury Conclusion of law" is defined as a proposition not arrived at by
note of the Philippines? any process of natural reasoning from a fact or combination of
facts stated but by the application of the artificial rules of law to
Held: Yes, according to: the facts pleaded despite the presence of the records which
shows that there is no position and funds therefor referred to in
ART. 168. Illegal possession and use of false treasury or bank notes the certification, the appellant, fully aware of the data provided
and other instruments of credit. any person who shall knowingly use by the records, certified falsely that "funds for the position are
or have in his possession, with intent to use any of the false or falsified available"
instruments referred to in this section, shall suffer the penalty next lower in
degree than that prescribed in said articles; and (b) that he has a legal obligation to disclose the truth of the facts narrated
by him; and
ART. 169. How forgery is committed. The forgery referred to in this the certification was prepared by petitioner in accordance with
section may be committed by any of the following means; the standard forms prescribed by the government (specifically
1. By giving to a treasury or bank note or any instrument payable to bearer the Civil Service Commission) pursuant to law, the certification
or to order mentioned therein, the appearance of a true and genuine was invested with the character of a public document
document.
(c) That the facts narrated by the offender are absolutely false
2. By erasing, substituting, counterfeiting or altering by any means Accordingly, there is no appropriation made in the Annual
the figures, letters, words or signs contained therein. Budget for the Fiscal Year 1974-1975 for such position, thus
rendering petitioner's statement in his certification utterly false
In the present case, it is not disputes that, that a portion of the
last digit 9 of Serial No had been erased and changed so as to read 0 and Conclusion: Petitioner must be held criminally liable for his act of issuing
that similar erasures and changes had been made in the penultimate digit the absolutely false certification as to the availability of funds for the
9. subject position. It amounts to an untruthful statement in a narration of
facts in a public document [Article 171 (4), Revised Penal Code]. Criminal
Conclusion: It is clear from these provisions that the possession of intent and the will to commit a crime are presumed to exist on the part of
genuine treasury notes of the Philippines any of "the figures, letters, words the person who executes an act which the law punishes, unless the
or signs contained" in which had been erased and or altered, with contrary shall appear. In this case, the presumption that petitioner
knowledge of such notes, as they were used by petitioner herein and his committed the act with criminal intention, which arose from proof of his
co-defendants in the manner adverted to above, is punishable. commission of the unlawful act, stands unrebutted.
People v Villalon
Siquian v People
The accused in this is a mayor, being so falsified a public document. The De guzman in this case were charges of Estafa thru falsification of a public
said document An official communication to the Civil Service document. The crime was culled when De guzman falsified a special
Commissioner which is required by law in order to support the power of attorney allowing de guzman as attorney in fact to mortgage the
appointment of a certain Jesusa B. Carreon to the position of clerk in the parcel of land. Both documents were in public instrument and registered in
Office of the Municipal Secretary which (sic) he appointed as such by the Registry of Deeds. 1964
stating and making it appear in said document that there was such a
position existing and that funds therefore were available. Where in truth; The said mortgage were approved. However, on the expiration De gusman
there was no available fund for the position in the Fiscal Budget neither werent able to pay the mortage. Mortgagee bank foreclosed said
ordinance creating for such position for appropriation. It was found out that mortgage and the land was sold to one Ramon Serafica and Vileta Quinto.
vacancy for the said position was already filled before the mayor In January, 1972, an action for the ejectment of the former from the
appointed Carreon. Thus mayors issuance of appointment certification, premises came into the discovery of the said ownership the other.
dated July 1, 1975, pursuant to the requirements of Memorandum Circular
No. 5, Series of 1975, addressed to the Commissioner of Civil Service is a
The court of first instance dismissed the case because of prescription as
fraud. The mayor here were charged and held gulty of falsification of
well as the motion for reconsideration. Hence the following appeal:
public document under Art. 171, p. 4.
US v Capule
Held Liable The accused in this case make believed the complainant that the
former will deliver the latter 6 tons of opium upon P600 in advance.
Which in truth was not opium instead a black substance.