Beruflich Dokumente
Kultur Dokumente
Ex. X signs as the drawer of a check when in fact the signature belongs to Y. X is counterfeiting Y’s
signature.
X, owner of an account and check, is dead. Y signs as X. Is there counterfeiting? No. There is feigning.
X has the check book of his friend Y. X does not know how Y signs. X signs the check which he thinks
would be the signature of Y. The teller discovers the false signature. Does X commit falsification by
counterfeiting? No. there must be a reasonable resemblance between the original and false signature.
But, in the same case, X can be liable under Par. 2 – making it appear that persons participated…
Falsifying the signature of a deceased person or someone who does not know how to write is feigning.
Accused attributes words other than what the person really stated
- Complex crime
2 Scenarios:
General rule: when one crime is used to conceal another crime, there will be separate crimes
- Falsification of a public document does not require damage as an element, unlike in the
falsification of a private document where damage is an element
- Estafa also requires damage as an element therefore cannot be complexed with falsification of
private document because of the common element of damage
Ecclesiastical Minister
Art. 172
2nd – person who uses and possesses, thereby having knowledge of the forgery, is presumed to be the
author of the forgery
Art. 173
3 Punishable acts
2 – Falsifying
3- Using
- An employee of a gov’t corporation engaged in the business of sending and/or receiving wireless
cable…messages
- Private individual who is employed in a company engaged in the same business
Art. 174
1st par.
Committed by: a physician or surgeon in relation to the practice of his profession relative to an injury or
illness
- False certification as to the fees does not constitute the crime under this article
2nd par.
3rd par.
Art. 175
Person who falsifies the certificate and uses it will be prosecuted under Art. 174 and not 175
- Person who falsifies must be different from the person who uses the certificate
Art. 176
2 punishable acts:
Art. 177
Usurpation of authority
- Offender: any person who represents himself as an officer, agent… of the government or foreign
government without authority to do so
- Fraud is involved in the representation of authority
- Usurper – person who assumes a position that is vacant or assumes the authority of another
- Includes pretending to be an agent of a foreign government
Art. 178
Offender: any person who uses a name other than that which has been registered and uses it publicly
Purposes:
1. To conceal a crime
Execution of a judgment
- Use of fictitious name is only to evade the execution of a criminal judgment, not civil or
administrative
- Concealing of name must be coupled with the concealment of any other circumstance
- Concealing does not need the publicity and purpose for use of fictitious name
Art. 178
Defendant must be charged with a felony and not under a special law unless the special law uses the
penalties under the RPC
Penalty of the false declarant (offender) is the penalty for the crime charged against the defendant
3 Scenarios
Material fact – directed to the point in issue; that which will influence the decision in the case
Prescriptive period: begins to run on the day of the finality of the judgment imposed upon the
defendant
Art. 181
Prescriptive period: begins at the moment the false declarant takes the witness stand
False testimony made by the defendant in favor of himself does not fall under Art. 181
Reason: the penalty for the false declarant depends on the penalty prescribed for the offense charged
against the defendant
Defendant must be charged with a felony and not under a special law unless the special law uses the
penalties under the RPC
Art. 182
Art. 183
If the act does not fall under 180, 181 or 182, it will fall under 183
2 Components
1. Non-judicial proceedings
- Those not happening in court (ex. Preliminary investigation, congressional hearings, administrative
proceedings)
2. Execution of affidavits
Perjury
Art. 184
Lawyer who offers a witness who he knows would give a false statement is liable under Art. 184
Made in a judicial proceeding or official proceeding
Ex. Congressman who presents a witness in a congressional hearing when the former knows
that the latter will lie
Persons who act in conspiracy are all liable for offering of false testimony
- Person who induces another to give a false testimony is also liable for false testimony
Art. 185
2 punishable acts
Art. 186
Monopoly – only one company who provides the goods or services or 2 companies that merge for such
purpose
Combinations – cartel