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FALSE SIGNATURE ON PASSPORT.

— The signing of a fictitious name to an


application for a passport is a public use of a fictitious name.||| (U.S. v. To Lee
Piu, G.R. No. 11522, [September 26, 1916], 35 PHIL 4-9)

REPUBLIC ACT NO. 8239


f) Supporting Documents mean any paper or document which is required to be submitted with
the passport application supporting claims to Filipino citizenship to complete the application for
a passport without which such application would be deemed incomplete or otherwise become
subject to denial by the issuing authority;

Sec. 5. Requirements for the Issuance of Passport. — No passport shall be issued to an


applicant unless the Secretary or his duly authorized representative is satisfied that the
applicant is a Filipino citizen who has complied with the following requirements:
(a) A duly accomplished application form and photographs of such number, size and
style as may be prescribed by the Department;
(b) The birth certificate duly issued or authenticated by the Office of the Civil Registrar
General: Provided, however, That if the birth of the applicant has not been registered
yet, or if his birth certificate is destroyed, damaged, or not available due to other
causes, he shall apply for delayed registration of his birth with the Office of the Civil
Registrar General which shall issue to said applicant a certification of pending
application for delayed registration of birth attaching thereto a copy of an accomplished
certificate of live birth. Such certification and the accomplished certificate of live birth
shall be sufficient to support an application for passport in addition to other papers
which the Department may require from the applicant;
(d) In case of a woman who is married, separated, divorced or widowed or whose
marriage has been annulled or declared by court as void, a copy of the certificate of
marriage, court decree of separation, divorce or annulment or certificate of death of
the deceased spouse duly issued and authenticated by the Office of the Civil
Registrar General: Provided, That in case of a divorce decree, annulment or
declaration of marriage as void, the woman applicant may revert to the use of her
maiden name: Provided, further, That such divorce is recognized under existing laws of
the Philippines;

Sec. 19. Offenses and Penalties. — A passport being a proclamation of the citizenship of
a Filipino, is a document that is superior to all other official documents. As such, it
should be accorded the highest respect by its holder that to do damage to its integrity
and validity is a serious crime that should be penalized accordingly:

(c) Offenses Relating to Forgery; Penalties. — Any person who:


1. Falsely makes, forges, counterfeits, mutilates or alters any passport or
travel documents or any supporting document for a passport application,
with the intent of using the same shall be punished by a fine of not less than Sixty
thousand pesos (P60,000) nor more than One hundred fifty thousand pesos (150,000)
and imprisonment of not less than six (6) years nor more than fifteen (15) years; or
2. Willfully or knowingly uses or attempts to use or furnishes to another for use any
such false, forged, counterfeited, mutilated or altered passport or travel document or
any passport validly issued which has become void by the occurrence of any condition
therein prescribed shall be punished by a fine of not less than Sixty thousand pesos
(60,000) nor more than One hundred and fifty thousand pesos (P150,000) and
imprisonment of not less than six (6) years nor more than fifteen (15) years: Provided,
however, That officers of corporations, agencies or entities licensed in the travel and
recruitment industry would be held similarly as their agents, liaison officers or
representatives: Provided, finally, That forgeries of five or more passports or travel
documents, would be considered as massive forgery tantamount to national sabotage
and shall be punished by a fine of not less than Two hundred and fifty thousand pesos
(P250,000) nor more than One Million pesos (1,000,000) and imprisonment of not less
than seven (7) years nor more than seventeen (17) years.
(PHILIPPINE PASSPORT ACT OF 1996 IRR)
ARTICLE 17 Violation by Other Persons
SECTION 1. In the event that a person who is neither a diplomatic or consular official is
alleged or found to have violated any provision of R.A. No. 8239, the Department, the
Philippine National Police (PNP) or NBI shall conduct the necessary investigation and file
appropriate charges with the Task Force on Passport Irregularities, DOJ.

ARTICLE 171. Falsification by Public Officer, Employee or Notary or


Ecclesiastic Minister. — The penalty of prisión mayor and a fine not to exceed 5,000
pesos shall be imposed upon any public officer, employee, or notary who, taking
advantage of his official position, shall falsify a document by committing any of the
following acts:
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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 authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such
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 in the preceding paragraphs of this article, with
respect to any record or document of such character that its falsification may affect the
civil status of persons.
ARTICLE 172. Falsification by Private Individuals and Use of Falsified
Documents. — The penalty of prisión correccional in its medium and maximum
periods and a fine of not more than 5,000 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 or official
document or letter of exchange or any other kind of commercial
document; and
||| (Revised Penal Code, Act No. 3815, [December 8, 1930])

he elements of the crime of falsification under Art. 171, par. 4 of the Revised
Penal Code, in relation to Art. 172 thereof, were duly proved during the proceedings
below. Said elements are as follows:

(a) The offender makes in a public document untruthful statements in a


narration of facts;
(b) The offender has a legal obligation to disclose the truth of the facts
narrated by him; and
(c) The facts narrated by the offender are absolutely false.[21]

These elements are based on the provisions of Art. 172, in relation to Art. 171,
par. 4, of the Revised Penal Code, which reads:
Art. 171. Falsification by public officer, employee or notary or
ecclesiastical minister. The penalty of prision mayor and a fine not to exceed
P5,000 pesos shall be imposed upon any public officer, employee, or notary who,
taking advantage of his official position, shall falsify a document by committing
any of the following acts:

xxx

4. Making untruthful statements in narration of facts;

xxx

Art. 172. Falsification by private individual and use of falsified documents.


The penalty of prision correccional in its medium 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 or official
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 document commit any of the
acts of falsification enumerated in the next preceding article.

xxx

f) Supporting Documents mean any paper or document which is required to be submitted with
the passport application supporting claims to Filipino citizenship to complete the application for
a passport without which such application would be deemed incomplete or otherwise become
subject to denial by the issuing authority;

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