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Criminal Law 2

2. The communication must be authored or


Art. 150. Disobedience to summons issued by solicited and received by a close advisor of
the National Assembly, its committees or the President or the President himself. The
subcommittees, by the Constitutional judicial test is that an advisor must be in
Commissions, its committees, subcommittees operational proximity with the President.
or divisions.
3. The presidential communications
Ways of Committing Art. 150 privilege remains a qualified privilege that
Having been duly summoned to attend as witness may be overcome by a showing of adequate
before the National Assembly (Congress), its
need, such that the information sought likely
committees or subcommittees, by the
contains important evidence and by the
Constitutional Commissions, its committees,
unavailability of the information elsewhere
subcommittees or divisions or before any
by an appropriate investigating authority
committee chairman or member authorized to
summon witnesses, without legal excuse:
NOTE: Such disobedience or refusal should be
1. Shall refuse to obey such summons; or
related to a legislative inquiry in aid of
2. Being present before any legislative or
legislation
constitutional body or official shall:
a. refuse to be sworn or placed under
affirmation; or
Legislative Inquiry
b. Refuse to answer any legal inquiry; or - Inquiry of persons in aid of legislation
c. Produce any books, papers, documents, - aim of which is to elicit information that may
or records in his possession, when be used for legislation
required by them to do so in the exercise - Mandatory attendance
of their functions; or
3. Shall restrain another from attending as
witness; or Question Hour
4. Shall induce disobedience to summons or - Questioning of department heads on matters
regarding their departments
refusal to be sworn by any such body or
- the objective of which is to obtain
official.
information in pursuit of Congress’ oversight
function
NOTE: Refusal should be without Legal Excuse
- attendance is not mandatory, subject to the
President’s consent
Example of Legal Excuse:
1. Self-incrimination
NOTE: Art. 150 is punitive in character. It falls
2. Right to Privacy
under Congress’ power of contempt
3. Executive Privilege
4. Presidential Communications Privilege
Congress’ Power of Contempt
Punishment of contumacious witness may
include imprisonment, for the duration of the
Requisites of Presidential Communications
session. The Senate, being a continuing body,
Privilege (Neri vs. Senate Committee)
may order imprisonment for an indefinite
period, but principles of due process and equal
1. The protected communication must relate
protection will have to be considered. (Arnault v.
to a quintessential and non-delegable
Nazareno, 87 Phil 29; Arnault v. Balagtas, 97 Phil
presidential power.
358)
Art. 151. Resistance and disobedience to a Art. 152. Persons in authority and agents of
person in authority or the agents of such persons in authority
person.
Persons in Authority
Any person directly vested with jurisdiction,
Distinction between direct assault and whether as an individual or as a member of some
resistance or serious disobedience court or governmental corporation, board, or
commission

Direct Assault (Art. 148)


- committed when the person in authority or Meaning of “directly vested with jurisdiction”
his agent is in the actual performance of The power and authority to govern and execute
official duty or by reason thereof the laws

- committed by attacking, employing force,


seriously intimidating or seriously resisting Lawyers as Persons in Authority
any person in authority or his agents Lawyers in the actual performance of their duties
are persons in authority as they are then
- force used is serious and deliberate as there considered officers of the court
is a manifest intent to defy the law and the
persons enforcing it
Agents of Persons in Authority
A person who, by direct provision of law or by
Resistance or Serious Disobedience election or by appointment by competent
- the person in authority or his agent must be authority, is charged with the maintenance of
in the actual performance of their official public order and the protection and security of
duty life and property

- committed only by resisting and seriously


disobeying a person in authority or his NOTE: Barangay tanods and police officers who
agents effect a search warrant act as agents of person
in authority
- resistance committed I not so serious as
there is no manifest intent to defy the law
and those enforcing it Art. 153. Tumults and other disturbance of
public orders; Tumultuous disturbance or
interruption liable to cause disturbance
NOTE: Art. 151 does not include disobedience
to a judicial court order.
Tumults and other disturbances of public order
NOTE: Actual knowledge that the person may be committed by:
arresting him is a peace officer is essential
(Good Faith) 1. Any person who shall cause any serious
disturbance in a public place, office, or
Case:
Vytiangco establishment

2. Any person who shall interrupt or disturb


public performances, functions or
gatherings, or peaceful meetings, if the act is NOTE: Firing a sub-machine gun in a public place
not included in the provisions of Articles 131 which caused serious physical injuries
(Peaceful Meetings) and 132 (Religious constitute to crimes (Art. 153 & Art. 263).
Ceremonies)
Cases:
3. Any person who in any meeting, association, 1. US vs. Domingo
or public place, shall make any outcry 2. Villanueva vs. Ortiz
tending to incite rebellion or sedition

4. Any person who in any meeting, association, Art. 154. Unlawful use of means of publication
or public place, shall display placards or and unlawful utterances
emblems which provoke a disturbance of the
public order Unlawful use of means of publication and
unlawful utterances may be committed by:
5. Those persons who in violation of the
provisions contained in the last clause of 1. Any person who by means of printing,
Article 85 (In no case shall the burial of the lithography, or any other means of
body of a person sentenced to death be held publication shall publish or cause to
with pomp) published as news any false news which may
endanger the public order, or cause damage
to the interest or credit of the State;
Qualified Disturbance or Interruption
The disturbance of public order or the 2. Any person who by the same means, or by
interruption of public performances, functions, words, utterances, or speeches, shall:
gatherings or meetings is qualified when its a. encourage disobedience to the law or to
tumultuous in character the constituted authorities or
b. praise, justify or extol any act punished
by law;
Tumultuous Character
Disturbance or interruption is deemed 3. Any person who shall maliciously publish or
tumultuous when caused by more than three cause to be published any official resolution
persons who are armed and provided with or document without proper authority, or
means of violence before they have been published officially;
4. Any person who shall print, publish, or
distribute or cause to be printed, published,
When does making an outcry to Incite Rebellion or distributed books, pamphlets, periodicals,
or Sedition amount to Inciting Rebellion or or leaflets which do not bear the printer’s
Sedition name, or which are classified as anonymous
When it is made with the idea or afterthought of
inducing the listeners or readers to commit the NOTE: the false news need not actually cause
crime of rebellion or sedition public disorder or damage to the State

NOTE: Making an outcry to Incite Rebellion or Difference to Inciting to Sedition


Sedition is not intentionally calculated to
induce others to commit rebellion or sedition. Inciting to Sedition (Art. 142)
Incited the people to rise publicly and
tumultuously to prevent the execution of the law
Encouraging Disobedience (Art. 154 par. 2) Art. 9. Grave felonies, less grave felonies and
Merely contains exhortation to disobey to the light felonies.
law
Grave felonies
Art. 155. Alarms and scandals Those to which the law attaches the capital
punishment or penalties which in any of their
Alarms and scandals may be committed by: periods are afflictive, in accordance with Art. 25
1. Any person who within any town or public of this Code.
place, shall discharge any firearm, rocket,
firecracker, or other explosives calculated to Less grave felonies
cause alarm or danger; Those which the law punishes with penalties
which in their maximum period are correctional,
2. Any person who shall instigate or take an in accordance with the above-mentioned Art.
active part in any charivari or other
disorderly meeting offensive to another or Light felonies
prejudicial to public tranquility; Those infractions of law for the commission of
which a penalty of arresto menor or a fine not
3. Any person who, while wandering about at exceeding 200 pesos or both; is provided.
night or while engaged in any other
nocturnal amusements, shall disturb the
public peace; or Art. 25. Penalties which may be imposed

4. Any person who, while intoxicated or Capital punishment: Death.


otherwise, shall cause any disturbance or
scandal in public places, provided that the Afflictive penalties:
circumstances of the case shall not make the 1. Reclusion perpetua,
provisions of Article 153 applicable. 2. Reclusion temporal,
3. Perpetual or temporary absolute
disqualification,
Meaning of Charivari 4. Perpetual or temporary special
A confused medley of sounds disqualification,
5. Prision mayor.
Distinction between Alarm and Scandal and
Discharge of Firearms Correctional penalties:
1. Prision correccional,
Alarm and Scandal (Art. 155 par. 1) 2. Arresto mayor,
- Crime against public order 3. Suspension,
- Essence: calculated to cause alarm or 4. Destierro.
danger to the public
- light felony Light penalties:
- done in town or public place 1. Arresto menor,
2. Public censure.
Discharge of Firearms (Art. 254)
- Crime against persons Penalties common to the three preceding
- Essence: to shoot another without intention classes:
to kill 1. Fine, and
- Less grave felony 2. Bond to keep the peace.
- Done anywhere Art. 156. Delivery of prisoners from jails
falsification, he is found guilty of any of said
Two ways of committing delivering prisoners crimes a third time or oftener.
from jails:
1. By removing from any jail or penal Art. 19. Accessories
establishment any person confined therein those who, having knowledge of the commission
2. By helping such a person to escape by means of the crime, and without having participated
of violence, intimidation, or bribery, or therein, either as principals or accomplices, take
others part subsequent to its commission in any of the
following manners:
“To remove” 1. By profiting themselves or assisting the
To take away a person from his confinement, offender to profit by the effects of the crime.
with or without the active cooperation of the
person released. 2. By concealing or destroying the body of the
crime, or the effects or instruments thereof,
“To help in the escape” in order to prevent its discovery.
To furnish that person with material means such
as a file, ladder, rope, etc. 3. By harboring, concealing, or assisting in the
escape of the principals of the crime,
NOTE: Art. 156 is usually committed by an provided the accessory acts with abuse of his
outsider. If the offender is a public officer in public functions or whenever the author of
charge of the prisoner, he shall be liable under the crime is guilty of treason, parricide,
Art. 223. murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually
NOTE: However, a jail guard who is off-duty he guilty of some other crime
may be liable for delivering prisoners from jail

Prisoners covered under Art. 156 RA No. 3019, Section 3 (e)


Includes both detention and convicted prisoners It is unlawful to cause any undue injury to any
party, including the Government, or giving any
Penalty for the prisoners private party any unwarranted (without
justification) benefits, advantage (improved
Detention Prisoners position or condition), or preference (higher
- Incurs no criminal liability priority) in the discharge of his official
administrative or judicial functions through
Convicted Prisoners manifest partiality
- Liable for evasion of service of sentence
Case:
NOTE: the person who is liable for the escape or Alberto vs. Dela Cruz
helped in such escape, shall be liable as an
accessory if the prisoner’s crime is treason,
parricide, murder, attempt against the life of
the Chief Executive, or is a habitual criminal Art. 157. Evasion of service of sentence

Art. 62 par. 5 “Escape”


a person is a habitual delinquent, if within a Unlawful departure of a prisoner from the limits
period of ten years from the date of his release of his custody
or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or
NOTE: one who has not been committed to while being transferred from one
prison cannot be said to escape therefrom confinement to another

“Evasion of Service” NOTE: Evasion of service is a continuing crime


- another term for jailbreaking for which an accused may be arrested
- escape during the term of his imprisonment anywhere without warrant
by reason of final judgment Continuing Crime
Consummated in one place, yet by nature of the
Elements of evasion of service of sentence offense, the violation of the law is deemed
1. the offender is a convict by final judgment continuing
2. he is serving his sentence which consists of
deprivation of liberty Transitory Crime
3. he evades service of sentence by escaping Crimes where some acts material and essential
during the term of his sentence to the crimes and requisite to their commission
occur in one municipality or territory and some
NOTE: sentenced to destierro by final acts are done in another place
judgment, a person may commit evasion of
service of sentence (People v. Abilong) Distinction of Art. 157 to violation of
conditional pardon (Art. 159)
NOTE: No evasion of service of sentence when
the sentence is executed by deportation Evasion of Service of Sentence
- attempt at least to evade penalty inflicted by
NOTE: an accused on appeal who escapes the courts and thus defeat the purpose of
during the pendency of such appeal of his the law
judgment of conviction is not liable under
evasion of service of sentence - public offense or a wrongful act separate
and independent from any other
NOTE: a prisoner who escapes may be arrested
without warrant Conditional pardon
- mere infringement of the terms stipulated in
Lawful warrantless arrest (Rule 113) a contract between the sovereign power or
1. When, in his presence, the person to be the Chief Executive and the criminal
arrested has committed, is actually
committing, or is attempting to commit an - not a public offense in the strict sense of the
offense; word, for it does not cause harm or injury to
the rights of other persons nor does it
2. When an offense has just been committ disturb the public order
ed and he has probable
cause to believe based on personal kno Case:
wledge of facts or circumstances that the People vs. Abilong
person to be arrested has committed it;

3. When the person to be arrested is a


Art. 158. Evasion of service of sentence on the
prisoner who has escaped from a penal
occasion of disorder, conflagrations,
establishment or place where he is serving
earthquakes, or other calamities
final judgment or is temporarily confined
while his case is pending, or has escaped
Who may commit Penalties
May be committed only by a convict by final 1. Prision Correccional: Penalty remitted does
judgment not exceeds 6 years
2. Unexpired portion of original sentence:
When it may be committed Penalty remitted exceeds 6 years
May be committed by leaving the penal
institution where the convict by final judgment is Nature of Conditional Pardon
confined and failing to give himself up to the A contract between the executive power of the
authorities within 48 hours following the State and the person for whom it is granted
issuance of a proclamation by the Chief
Executive announcing the passing away of such
calamity
Types of Pardon
When escape was done 1. Conditional: refers to the exemption of an
1. conflagration; individual, within certain limits or
2. earthquakes; conditions, from the punishment which the
3. explosion; or law inflicts for the offense he had committed
4. similar catastrophes; or resulting in the partial extinction of his
5. during a mutiny which the accused has not criminal liability
participated
2. Absolute: refers to the total extinction of the
Mutiny criminal liability of the individual to whom it
An organized unlawful resistance to a superior is granted without any condition. It restores
to the individual his civil and political rights
Penalty and remits the penalty imposed for the
An increase of 1/5 of the time still remaining to particular offense of which he was convicted
be served under the original sentence, which is
in no case shall exceed 6 months
NOTE: violation of conditional pardon has the
Reduction of Sentence effect of forfeiting his right to liberty ad placing
Reduction of 1/5 of his sentence is given to those him in the exact situation that he was when the
who shall give themselves up within 48 hours pardon issued
(Art. 98)
NOTE: Art. 159 and Section 64 (i) of the Revised
Administrative Code can stand together
Case:
Lozada vs. Acenas Section 64(i) of Revised Administrative Code
The President may authorize to recommitment
to prison of a violator of a conditional pardon to
Art. 159. Other cases of evasion of service of serve the unexpired portion of his original
sentence sentence

When committed
Committed only by a convict who, having been Cases:
granted conditional pardon by the Chief 1. Sales vs. Director of Prisons
Executive, shall violate any of the conditions of 2. Culanag vs. Director of Prisons
such pardon
Art. 160. Commission of another crime during Reiteracion
service of penalty imposed for another offense; That the offender has been previously punished
Penalty by an offense to which the law attaches an equal
or greater penalty or for two or more crimes to
Quasi-recidivism which it attaches a lighter penalty.
A special aggravating circumstance where a
person, after having been convicted by final Reason for increase in liability
judgment, before beginning to serve such Perversity and incorrigibility
sentence, or while serving the same shall commit
a new felony.
Things to remember about Quasi-recidivism
Kinds of aggravating circumstances: 1. The previous crime for which the accused is
1. Generic – that which generally applies to all serving sentence may be a felony or a
crimes like recidivism. violation of a special law
2. Specific – that which applies to a particular 2. Quasi-recidivism must be alleged In the
felony like cruelty in crimes against persons. information
3. Qualifying – that which changes the nature 3. A quasi-recidivist may be pardoned after the
of the felony, as treachery in murder. age of 70
4. Inherent – that which is part of the felony
committed, as unlawful entry in robbery
with force upon things. Cases:
5. Special – that which arise under special 1. People vs. TIongson
conditions to increase the penalty of the 2. People vs. Baldogo
offense to its maximum period, but cannot
increase the penalty to the next higher Art. 161. Counterfeiting the great seal of the
degree Government of the Philippine Islands, forging
the signature or stamp of the Chief Executive
NOTE: a Special aggravating circumstance “Forgery”
cannot be offset by an ordinary mitigating The making of a false document knowing it
circumstance nor lowered by one degree to be false with intent that it should be used
although there are two or more of the latter or acted on as genuine to the prejudice of
another.
Art. 62 par. 5
a person is a habitual delinquent, if within a Subject Matter for Forgery
period of ten years from the date of his release 1. Great seal of the government of the
or last conviction of the crimes of serious or less Philippine Islands, which is in the custody of
serious physical injuries, robo, hurto, estafa or the President
falsification, he is found guilty of any of said 2. The signature of the Chief Executive
crimes a third time or oftener. 3. The stamp of the Chief Executive

Compared to Recidivism and Reiteracion


(Article 14) Art. 162. Using forged signature or counterfeit
seal or stamp.
Recidivism
At the time of his trial for one crime, the accused Essence of the Crime
shall have been previously convicted by final Consists in knowingly using the counterfeit seal
judgment of another crime embraced in the or stamp of forged signature of the Chief
same title of this Code. Executive
NOTE: even withdrawn coins from may be the
NOTE: the accused is to prosecuted as a subject for counterfeiting
principal
NOTE: foreign notes must be the currency of the
foreign country
Art. 163. Making and importing and uttering
false coins
Art. 164. Mutilation of coins; Importation and
When is a Coin counterfeited utterance of mutilated coins
When it is spurious and contains merely an
imitation of a peculiar design of a genuine coin Acts Punishable
1. Mutilating coins of legal currency of the
Difference of Estafa and Counterfeiting Money Philippines
2. Importing mutilated current coins in
Estafa connivance with the mutilator or importer
committed by a person who defrauds another 3. Uttering mutilated current coins in
causing him to suffer damage, by means of connivance with the mutilator or importer
unfaithfulness or abuse of confidence, or of false
pretense or fraudulent acts.
Mutilation
Counterfeiting Money Taking off or abstracting the metal in the coin
imitation currency produced without the legal either by filing out or substituting that for
sanction of the state or government. Producing another metal of inferior quality.
or using counterfeit money is a form of fraud or
forgery. Kinds of Coins Mutilated
Must be tender in the Philippines

Acts punishable under Art. 163


1. Making false coins NOTE: foreign coins cannot be the subject of
2. Importing false coins mutilation
3. Uttering false coins in connivance with
counterfeits or impostors

“Utter” Cases:
Means to fabricate and put into circulation false People vs. Tin Ching
coins

Penalties Art. 165. Selling of false or mutilated coin,


1. Silver coin or 10 centavo above = prision without connivance
mayor and fine not exceeding 10,000php
2. Minor coinage or below 10 centavo = prision Acts Punishable
correctional and fine not exceeding 1. Possession of false or mutilated coin with
2,000php intent to utter, knowing that the coin is fake
3. Currency of foreign country = prision 2. Actually uttering a false or mutilated coin,
correctional and fine not exceeding knowing that the coin is false or mutilated
1,000php
Possession
Covers both actual and constructive possession
Constructive Possession or bank notes, certificated or other
A legal fiction to describe a situation where an obligations and securities payable to bearer.
individual has actual control over chattels or real
property without actually having physical control “Obligation or Security”
of the same assets. Bonds, certificates or indebtedness, national
bank notes, coupons, treasury notes, fractional
NOTE: The accused must have knowledge that notes, certificates of deposit, bills, checks, drafts
it is false for money and other representatives of value
issued under any act of Congress
Art. 166. Forging treasury or bank notes on
other documents payable to bearer; importing, National Bank Notes
and uttering such false or forged notes and Money bills issued by the Bangko Sentral
documents
When it is deemed Payable to Bearer
Forgery 1. When it is expressed to be so payable
An act of giving to a treasury or bank note or any 2. When it is payable to a person named
instrument payable to bearer or order the therein or bearer
appearance of a true and genuine document 3. When it is payable to the order of a fictitious
person, and such fact was known to the
Falsification person making it payable
Act of erasing, substituting counterfeiting or 4. When the name of the payee does not
altering by any means the figure, letters, words purport to be the name of any person
or signs contained therein 5. When the only or last endorsement is an
'Payable to Bearer' endorsement in blank
Any check or draft that can be transferred to the
holder by delivery without having to be “Script Money”
endorsed. As the name implies, "pay to bearer" A US payment military certificate used as a legal
refers to any negotiable instrument that is tender in US military installations
simply paid to the bearer without requiring
proof of identity. NOTE: script money is an obligation or security
issued by a foreign government
Subjects under Art. 166
1. Treasury notes
2. Bank notes Art. 167. Counterfeiting, importing an uttering
3. Certificates or other obligations and instruments not payable to bearer
securities payable to bearer
Acts punished:
Acts Punished 1. Forging,
1. Forgery or falsification of treasury or bank 2. Importing, or
notes, certificates or other obligations and 3. Uttering in connivance with the importers or
securities payable to bearer forgers, any instrument payable to order or
2. Importation of such forged or falsified other document of credit not payable to the
treasury or bank notes, certificates or other bearer
obligations and securities payable to the
bearer “Payable to order”
3. Uttering, in connivance with the forger or Where an instrument is drawn payable to the
importer, of such forged or falsified treasury order of a specified person or to him or his order.
It may be drawn payable to the order of: Art. 169. How forgery is committed
1. A payee who is not the maker, drawer, or
drawee Ways of committing forgery
2. The drawer or maker 1. By giving a treasury or bank note or any
3. The drawee instrument to bearer or to order mentioned
4. Two or more payees jointly therein the appearance of a true genuine
5. One or some of several payees document
6. The holder of an office for the time being 2. By erasing, substituting, counterfeiting or
altering by any means the figures, letters,
NOTE: Where the instrument is payable to words or signs contained therein
order, the payee must be named or otherwise
indicated therein within reasonable certainty. NOTE: Forgery cannot be presumed and must
be proved by the alleging party
Art. 168. Illegal possession and use of false
treasury or bank notes and other instruments of Effect of Forgery (Sec. 23, Negotiable
credit Instruments Law)
1. Renders the document inoperative
Elements of Art. 168 2. No right to retain the instrument or give
1. That any treasury or bank note or certificate discharge thereof
or other obligation and security payable to 3. Cannot be used to enforcement payment
bearer, or any instrument payable to order
or other document of credit not payable to
bearer is forged or falsified by another Cases:
person 1. US vs. Solito
2. That the offender knows that any of the said 2. People vs. Balmores
instruments is forged or falsified
3. That he either used or possessed with intent Art. 170. Falsification of legislative documents
to use any of such forged or falsified
instruments Who may commit
Any person, whether a private individual or a
NOTE: Mere possession without intent to use public officer
charges no offense
Subject of Falsification
NOTE: Possession of genuine treasury notes Only legislative documents
with erased or altered figures, letters, words, or
signs contained therein with such knowledge of Legislative Documents Covered
these altercations or erasures is punishable 1. Bill
under Art. 168. 2. Resolution
3. Ordinance enacted, approved, or pending
NOTE: The person in possession of a falsified approval by either house of Congress,
instrument who used the same and profited provincial board or municipal board
therefrom is presumed to be the author
How it is committed
Cases: Unauthorized altercation
1. People vs. Digoro
2. People vs. Vacani
3. Tecson vs. CA
Art. 171. Falsification by public officer, Only public or official documents
employee or notary or ecclesiastic minister

Elements of Art. 171 “Taking Advantage”


1. That the offender is a public officer, Shows abuse of public office or position
employee, or notary public
2. That he takes advantage of his official Public Documents (Sec. 19, Rule 132(B), Revised
position Rules of Evidence)
3. That he falsifies a document by committing 1. The written official acts, or records of the
any of the following acts: official acts of the sovereign authority,
a. Counterfeiting or imitating any official bodies and tribunals, and public
handwriting, signature or rubric; officers, whether of the Philippines, or a
b. Causing it to appear that persons have foreign country
participated in any act or proceeding 2. Documents acknowledged before a notary
when they did not in fact so participate; public except last wills and testament
c. Attributing to persons who have 3. Public records, kept in the Philippines, of
participated in an act or proceeding private documents required by law to be
statements other than those in fact entered therein
made by them;
d. Making untruthful statements in a NOTE: All other writings are private
narration of facts;
e. Altering true dates; Who may commit falsification in Art. 171
f. Making any alteration or intercalation in 1. A public officer or employee who takes
a genuine document which changes its advantage of his official position
meaning; 2. A notary public who takes advantage of
g. Issuing in an authenticated form a his official position
document purporting to be a copy of an 3. An ecclesiastical minister who commits
original document when no such original acts of falsification with respect to any
exists, or including in such a copy a record or document of such character
statement contrary to, or different from, that its falsification may affect the civil
that of the genuine original; or status of persons
h. Intercalating any instrument or note
relative to the issuance thereof in a NOTE: In falsification of public or official
protocol, registry, or official book. documents, intent to gain is not necessary

NOTE: May also include ecclesiastic ministers Cases:


who does any of the preceding acts with respect 1. Batulanon vs. People
to records of civil status 2. Bermejo vs. Barrios
3. People vs. Camacho
Essence of Falsification 4. Adaza vs. sandiganbayan
The act of making untruthful or false statements 5. Galeos vs. People
6. US vs. Corral
Document
A deed, instrument or other duly authorized
paper by which something is proved, evidenced
or set forth

Kinds of Document falsified under Art. 171


A. Counterfeiting or imitating any 2. The offender ha a legal obligation to disclose
handwriting, signature or rubric; the truth of the facts narrated
3. The facts narrated by the offender are
Elements: absolutely false
1. That the offender is a public officer, and 4. The perversion of truth in the narration of
employee, or notary public facts was made with the wrongful intent of
2. That he takes advantage of his official injuring a third person
position
3. That he falsifies a document by Narration of Facts
counterfeiting or imitating any handwriting, An account or description of the particulars of an
signature, or rubric event or occurrence

Cases: NOTE: The statements must be made in a


1. Pacasum vs. People document and absolutely false (not even an
2. People vs. Sendaydiego iota of colorable truth)

B. Causing it to appear that persons have Conclusion of Law


participated in any act or proceeding when A proposition not arrived at by any process of
they did not in fact so participate; natural reasoning from a fact or combination of
facts but by the application of the artificial rules
Distinction from Art. 171 (1) of law to the facts pleaded, determined by a
Art. 171 (1) punishes the counterfeiting of judge
signatures, while Art. 171 (2) punishes those who
make it appear in a document that a person NOTE: Art. 171 (4) does not apply to conclusions
participated in an act even if such person did not of law
participate
NOTE: Art. 171 (4) covers withholding of facts
Case: affecting one’s appointment or promotion to a
Domingo vs. People government position

C. Attributing to persons who have Legal obligation


participated in an act or proceeding That there is a law requiring the disclosure of the
statements other than those in fact made truth of the facts narrated.
by them;
NOTE: Good Faith is a defense in this Art.
Importance of Criminal Intent
Under this case, the act must be done with NOTE: Clerical mistakes are not covered under
criminal intent (mens rea) this Art.

Case: NOTE: there is no violation when the correction


Mendoza-Arce vs. Office of the Ombudsman is made to speak the truth

D. Making untruthful statements in a NOTE: Wrongful intent is not necessary when


narration of facts; the falsified document is a public document

Elements:
1. the offender makes in a document Case:
statements in a narration of facts Managangey vs. Sandiganbayan
E. Altering true dates 2. Committing any falsification enumerated in
171 in any private document to or with
NOTE: the date altered must be essential. It intent to damage a third party
must affect either the veracity of the document 3. Knowingly introducing in evidence in any
or the effects thereof. judicial proceeding any of the false
documents embraced in Art. 171 or Art. 172
F. Making any alteration or intercalation in a 4. Using any of the false documents embraced
genuine document which changes its in Art. 171 and 172to the damage of another
meaning or with intent to cause such damage

Elements Who may commit


1. That there be an alteration (change) or 1. Private individuals
intercalation (insertion) on a document 2. Public officers, employees, and notary public
2. That it was made on a genuine document who does not take advantage of their
3. That the alteration or intercalation changed position
its meaning
4. That the change made the document speak Subject of Falsification
something false 1. Public document – a document created,
executed, or issued by a public official in
NOTE: there is no violation when the response to the exigencies of the public
intercalation is meaningless or purposely service; or instruments authorized by a
notary public or competent public official
with the solemnities required by law
G. Issuing in an authenticated form a
document purporting to be a copy of an 2. Official document – one which is issued by a
original document when no such original public official in the exercise of his function
exists, or including in such a copy a
statement contrary to, or different from, 3. Letter of exchange
that of the genuine original
4. Commercial document – any document
H. Intercalating any instrument or note defined and regulated by the Code of
relative to the issuance thereof in a Commerce or any other commercial law
protocol, registry, or official book.
5. Private Document – a deed or instrument
executed by a private person without the
I. Falsification by an ecclesiastical minister intervention of a notary public, by which
some agreement is proved, evidenced, or set
Art. 172. Falsification by private individuals and forth
use of falsified documents
Gravamen of Falsification of Private Documents
Modes of violation The damage done to another, or the intent to
1. Committing any falsification enumerated in damage another by falsification
171 in any public document, official
document, letter of exchange, and Intent to Damage a third person
commercial document Only necessary in falsification of private
documents but not in falsification of public,
official, and commercial documents
Presumption 3. Using such falsified dispatch to the prejudice
One who is in possession of a falsified document, of a third party or with the intent to cause
used it, took advantage of it, and profited such prejudice
thereby is presumed to be the forger
Art. 174. False medical certificates, false
NOTE: No profit = no presumption certificates of merit or service, etc.

Elements of knowingly using falsified Who may commit


documents in judicial proceedings 1. Any physician or surgeon who, in connection
1. That the offender knew that a document was with the practice of his profession, shall issue
falsified by another person a false certificate
2. That the false document is embraced in Art. 2. Any public officer who shall issue false
171 or 172 certificate of merit r service, good conduct or
3. That he introduce said document in evidence similar circumstances
in any judicial proceeding 3. A private individual who shall falsify a
certificate mentioned in par. 1 and 2
Elements of knowingly using falsified
documents in transactions not of judicial Art. 175. Using false certificates
character
1. That the offender knew that a document was NOTE: Knowledge that said certificates are false
falsified by another person is essential
2. That the false document is embraced in Art.
171 or 172 Art. 176. Manufacturing and possession of
3. That he used such document instruments or implements for falsification
4. Said use caused damage to another or is at
least with the intent to cause such damage Acts punishable
1. Making stamps, dies, marks, or other
NOTE: Estafa may be committed through instruments or implements intended to be
falsification of public, official, or commercial used in the crime of counterfeiting or
document, but not through private document falsification mentioned in Chapter 1, Title 4,
Book 2 of the RPC
Art. 173. Falsification of wireless, cable, 2. Introducing in the Philippines said
telegraph and telephone messages, and use of instruments
said falsified messages 3. Possession of the instruments or
implements mentioned
Who may commit
May be committed by an officer or employee of
a government or private corporation or concern
engaged in the service of sending or receiving
wireless, cable, or telephone messages

Ways to commit
1. Uttering a fictitious wireless, telegraph or
telephone message
2. Falsifying a wireless, telegraph, or telephone
message

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