d. Possession with intent to utter.

Thus
TITLE FOUR: CRIMES AGAINST possession of coins as a collection is not
PUBLIC INTEREST punished
B. Mutilated Coins- these are genuine coins or coins
I. Concept: These are crimes which involve deceit, of legal tender whose intrinsic value has been
misrepresentation, or falsity against the public at diminished due to the diminution of their metallic
large. If the misrepresentation or deceit or falsity was contents.
purposely availed of against a particular person the 1. The acts punished:
same will constitute estafa. a. The act of mutilating or any act upon the coin the
II. The crimes are grouped into three categories: purpose of which is to accumulate the metallic
contents, such as by chipping off a portion, scraping its
A. Forgeries: these refer to deceits involving: surface or boring a hole
b. The act of selling, importing or uttering
1. The seal of the government, the signature and c. Possession with intent to utter
stamp of the chief executive.
2. Coins C. Related Laws (1). Pres. Decree No. 247: (Penalizing
3. Treasury or bank notes, obligations and the defacing, mutilation, burning or destruction of
securities of the government central bank notes and coins) has modified Article 164.
4. Documents (2) R.A. 427: which punishes the act of amassing coins
in excess of P50.00
B. Other Falsities: these are deceits pertaining to : (1).
Authority, rank or title (2) Names (3) Uniforms and
insignias and (4) False Testimonies III. Forgeries committed upon Treasury or Bank
Notes, Obligations and Securities
C. Frauds or acts involving machinations in public A. This is related to Banking and Finance. The subject
biddings and (2) Combinations and Monopolies in matter are papers in the form of obligations and
Restraint of Trade and Commerce securities issued by the government as its own
obligations which are also sued as legal tender
A. FORGERIES
I. Those involving the seal of the government, the B. Not included are paper bills as the crime relative to
signature, or stamp of the Chief Executive. A. The acts them is “counterfeiting”
punished are: C. They do not include commercial checks
(1). The act of counterfeiting the seal of the
government D. The reason is to maintain the integrity of the
(2). Forging the signature of the Chief Executive or his currency and to ensure the credit and standing of the
stamp and government
(3). Using the forged signature or counterfeit seal or E. Examples are:
stamp 1. Bonds issued by the Land Bank in connection with
B. The act of forging the signature is ordinarily the Land Reform Program 2. Postal Money Orders
punished as falsification but it is set apart as a distinct 3. Treasury Warrants [Link] Certificates
crime with a much higher penalty (reclusions 5. Sweepstake Tickets ( Lotto tickets?)
temporal) to emphasize its gravity F. The Acts punished are :
C. The act of counterfeiting or forging the signature [Link] act of forging or Forgery consisting of either:
must be on what purports to be an official document (a). giving to a treasury or banknote or any
purporting to have been signed by the Chief Executive document payable to bearer or to order, the
in his official capacity, other wise the offense is appearance of a true and genuine document. Such as
ordinary falsification the act of manufacturing or producing fake treasury
warrants
D. Example: (i). In what purports to be an (b). erasing, substituting, counterfeiting, or altering,
appointment paper or grant of a pardon bearing the by any means, the letters, figures, words or signs
heading of the Office of the President (ii). Forging the contained therein.
signature in a private thank- you- letter is falsification
E. In the crime of using, the user is a third person not Note: (i).if the note does not resemble a true and
the forger or counterfeiter genuine document in that it can not possibly fool any
person the act is considered as frustrated forgery
II. Those involving coins: (a) Counterfeit/false or (ii) (ii). Where the accused encashed a treasury warrant by
mutilated coins posing and signing as payee, the crime is falsification
A. Counterfeit/false coins- those not authorized by 2. The act of importing or uttering
the Central bank to be minted for circulation as legal
tender. They include coins which have been 3. The act of possession or use
demonetized so as to prevent the accused from using (a). Possession must be with intent to utter
his skill upon genuine coins (b). Possessor must know the notes are forged
1. The acts punished
a. The act of counterfeiting, minting or IV. Forgeries Upon Documents
making A. The proper term is Falsification
b. The act of importing B. Document is : (1) any writing, whether paper based
c. The act of uttering- passing of as legal or in any solid surface, which is complete, creating
tender rights or extinguishing obligations, or defining the
relations between persons. Examples: deeds and
contracts, receipts, promissory notes, checks (2) a E. Importance of distinguishing Falsification of Public
writing used as evidence of the facts contained in the from Falsification of Private Documents
document such as death/birth certificates; clearances,
medical records, x-rays; driver’s license 1. As to penalty: a higher penalty is imposed for
C. General Classification: (In falsification, it is falsification of public documents
essential to specify the document falsified) 2. As to modes of commission: there are 8 ways of
1. Falsification of Legislative Document punished falsifying a public documents as against 7 as to private
under Art. 170- bills, resolutions, ordinances whether documents
approved or pending approval, by any legislative body 3. As to complexing with Estafa: Estafa cannot be
a). the act of falsification is limited to alterations of a complexed with Falsification of Private document. The
genuine legislative document reason is because both have a common element which
b). if by any other means, such as simulating a is damage
legislative document, the offense is ordinary a). The crime is falsification if the deception cannot be
falsification. committed without falsification, i.e. the falsification is
committed as a means to commit estafa.
2. Falsification of a Non-Legislative Document b). It is estafa if the estafa can be committed without
a). Document proper under Article 171 and 172 the necessity of falsifying a document
b). Wireless, Telegram, cablegram, telephone
Messages under Article 173 4. As to requirement of damage: In falsification of a
c). Certificates under Article 174 private document the act of falsification must be
coupled with either (a) actual damage even if there
D. Kinds of Documents Proper was no intent to cause damage or (b) an intent to
1. Public Documents: they consists of the following cause damage even if no actual damage resulted. In
a). Those which embody the official acts of a public falsification of public document, the gravamen of the
officer such as Decisions/Resolutions; Administrative offense is the perversion of truth; the loss of faith and
Orders; Marriage Contract; Oaths of Office confidence by the public in the document even if there
b). Those issued by a public officer or in which he is no actual damage t the public
participates, virtute officii ( by virtue of his office)
such as clearances; certificates of appearance, F. Principles Involving Falsification:
designation of personnel; receipts. These are the so 1. The Falsification maybe complexed with the crimes
called “Official Documents”. of Estafa ( save private documents) malversation or
Thus all official documents are public documents but theft
not all public documents are official documents
c). Those acknowledged before a Notary Public such as 2. Maybe committed intentionally or through
deeds and conveyances negligence
d). Private documents : a). Examples through negligence: (i) The Register of
(i). which already formed part of the public Deeds who issued a duplicate title without noting on
records ( Public by Incorporation) such as private its back a notice of the encumbrances (ii) A Clerk who
deeds submitted to the office of the Register of Deeds; issues a certified true copy of a birth certificate but
acknowledgment letter sent to the Local \Civil inadvertently copied the wrong entries (iii) a person
Registrar; Protest letters to the Assessor’s Office; who signs a check to accommodate a payee without
libelous letters offered as exhibits in a trial; letters verifying the payee’s identification
formally seeking opinions b). Thus the accused who is charged with intentional
(ii). those which are intended to form part of the falsification may be convicted for falsification thru
public record ( Public by Intention) negligence without amending the Information because
Examples: Falsification of Civil Service or Bar Exam the former includes the latter ( see PP vs Uy 475 SCRA
Booklets; Application letters and personal data sheets 248)
sent to personnel officers.
3. As to the liability of Heads of Offices as final
[Link] Documents: (a). those used by approving authority if it turns out the document to
merchants or business people to promote trade or which they affixed their signatures contains falsities:
credit transactions or commercial dealings and (b) a). The Arias Principle ( Arias vs. Sandiganbayan, 180
those defined and regulated by the Code of Commerce SCRA 315) as reiterated in Magsuce vs. Sandiganbayan
or other commercial laws.. Examples: commercial ( Jan. 3, 1995) holds: “ All heads of offices have a right
checks; sales receipts and invoices; trust receipts; to rely to a reasonable extent on their subordinate and
deposit and withdrawal slips and bank passbooks; on the good faith of those who prepared the
tickets issued to passengers; enrollment forms; grades. documents, and are not liable for the falsification”
3. Private Documents: any other document, deed or b). Exceptions: (i). Where there is a clear evidence of
instruments executed by private persons without the conspiracy with the authors (ii) if through their
intervention of a notary public or of other persons negligence, they brought about the commission of the
legally authorized, by which some disposition or crime. Thus in PP. vs. Rodis the Head of Office was
agreement is proved, evidenced or set forth. Examples: held liable where the document signed by him
unnotarized deeds, letters, private receipts, class contained anomalies which were glaring in the
cards, timre records in private employment. Vouchers document
of business people are private, not commercial, 4. The following are accepted as defenses
documents ( Batulanon vs. PP, 502 SCRA 35) a). Good faith and lack of intent to pervert the truth.
As in the case of a co-employee who signed for another
in the payroll because the latter was sick
b). Alterations which are in the nature of corrections
such as changing the civil status from single to
married in a Community Tax Certificate person. The document may be any document. (2)
d). Alterations which do not affect the integrity or And the eight acts of falsification.
veracity of the document. Example: The Certification
by the treasurer that he paid the salary on July 10 A. The public officer must take advantage of his
when in truth it was on July 12 official position or that there was abuse of office. By
e) Minor inaccuracies as in a deed of sale which this is meant that his functions include participating in
declared the consideration was paid in cash when it the preparation, recording, keeping, publishing or
was paid in two installments sending out to the public of the falsified document
otherwise he will be punished as a private person. As
5. Presumption of Authorship of the Falsification: In for instance: secretaries, the Clerk of Court; the record
the absence of satisfactory explanation, one found in officers; those who issue receipts or licenses;
possession of and who used a forged document is the the Register of Deeds; Local Civil Registrar.
forger of said document. If a person had in his
possession a falsified document and he made sue of it, B. As for an ecclesiastic, the document he falsified
taking advantage of it and profiting thereby, the clear must affect the civil status of a person, else he will be
presumption is that he is the material author of the considered as a private person. The usual document
falsification. ( Nierva vs. PP. 503 SCRA 114). involved is a marriage contract

6. There is a ruling that generally, falsification of

public/commercial documents have no attempted or II. The acts of falsification:
frustrated stages unless the falsification is so imperfect
that it may be considered as frustrated. (Personal A. By counterfeiting, imitating any handwriting,
Opinion: the crime should be consumated since what signature or rubric. To counterfeit a handwriting or
was frustrated was not the act but the purpose of the signature is to create one that is so similar to the
offender) genuine as to make it difficult to distinguish and thus
easily fool the public. This act includes creating or
7. There are as many falsifications as there are simulating a fictitious handwriting or signature
documents falsified; or as there are separate acts of
falsification committed by one person within the same B. Causing it to appear that persons have participated
period of time in any act or proceeding when they did not in fact so
a). The falsification of several signatures in one payroll participate
is only one falsification 1). There is no need to imitate the signature or
b). Several checks falsified at the same time gives rise handwriting
to several separate crimes 2). This includes simulating a public document like a
Warrant of Arrest as having been issued by a judge
8. Falsification is not a continuing crime 3) Examples: impersonating a person in a document;
voting in place of a registered voter, posing as payee if
a negotiable instrument in order to encash the same
V. Proof of Falsification.
A. An allegation of forgery and a perfunctory C. Attributing to persons who have participated in an
comparison of the signature/handwritings by act or proceeding statements other than those in fact
themselves cannot support a claim of forgery, as made by them proceeding when they did not in fact so
forgery cannot be presumed and must be proved by participate.
clear, positive and convincing evidence and the burden 1). This is twisting the statements or putting words
of proof lies on the party alleging forgery. into the mouth of another
2). Substituting a forged will where the accused is now
B. Criteria to determine forgery or falsification: per named as an heir in lieu of the original where he was
Ladignon vs. CA ( 390 Phil. 1161 as reiterated in Rivera not so named
vs. Turiano ( March 7, 2007) The process of 3). Where the accused was instructed to prepare a
identification must include not only the material Special Power of Attorney over a parcel of land, with
differences between or among the himself as the agent but he instead prepared a deed of
signatures/handwritings but a showing of the sale with himself as the vendee
following:
(i) the determination of the extent, kind and D. Making untruthful statements in a narration of
significance of the resemblance and variation ( of facts
the handwriting or signature) 1). This require that (i) the accused knows that what he
(ii) that the variation is due to the operation of a imputes is false (ii) the falsity involves a material fact
different personality and not merely an expected (iii) there is a legal obligation for him to disclose the
and inevitable variation found in the genuine truth and (iv) such untruthful statements are not
writing of the same writer contained in an affidavit or a statement required by
(iii) that the resemblance is a result more or less of law to be sworn to.
a skillful imitation and not merely a habitual and 2). by legal obligation is meant that the law requires a
characteristic resemblance which normally appears full disclosure of facts such as in a public official’s
in genuine handwriting Statements of Assets and Liabilities; the Personal Data
Sheet submitted to the NBI; the contents of an
ART. 171. Falsification by public officer, Application for Marriage; the Community Tax
employee, or notary or ecclesiastic minister Certificate
3). Narration of facts means an assertion of a fact and
I. Coverage: this article provides: (1) the penalty of does not include statements of opinion or conclusions
falsification if committed by a public officer or of law. Thus when the accused placed himself as
employee or a notary or an ecclesiastical minister. The “eligible” in his statement of candidacy when in truth
penalty is higher than if committed by a private he is disqualified, this is not a narration of fact but a
conclusion of law. Similarly, the accused as claimant to ART. 173. Falsification of wireless, cable,
a land stated in his application that he entitled to the telegram and telephone messages
ownership when under the law he is disqualified, is
not liable Acts punished: (1) The act of falsifying said messages
4). There is no falsification if there is some colorable (2) Uttering of said falsified messages and (3) Using
truth in the statement of facts by the accused such falsified damages with intent to cause damage or
5). False statements in an application form of the Civil to the damage of third persons
Service, which was under oath, for police examination II. The acts of falsifying and uttering:
is perjury not falsification 1). The offender must be officers or employees of the
6). But when a third person, not the Affiant, alters a government or of a private entity engaged in
prepared Affidavit, the crime committed by him is the business of sending or receiving such messages
falsification under mode number 6 2) Examples: making up a false “break-up” telegram or
E. Altering true dates. This requires that the date decreasing the number of the words in a message even
must be material as in the date of birth or marriage; if the contents are not changed
date of arrest; date when a search warrant was issued;
date of taking the oath of office III. The crime of using may be committed by any
person
F. Making alterations or intercalations in a genuine
document which changes its meaning. The change
must affect the integrity of the document. It must Crimes Affecting Medical Certificate,
make the document speak something false so that Certificates of Merit and the Like
alterations to make it speak the truth cannot be A. Acts punished:
falsification. 1. Issuing a false medical certificate by a physician or
1. Changing the grades in one’s Transcript of Records surgeon
2. Changing one’s time of arrival in the DTR a). The contents are not true in that the person was
3. Changing the stated consideration a deed of sale never examined; or that he actually had no illness; or
4. Deleting a condition in a contract of lease that the illness is not as serious as stated in
G. Issuing in an authenticated form a document the certificate; or that the period of confinement or
purporting to be an original when no such original rest is not as stated therein.
exist, or including in such copy a statement contrary 2. Issuing a false certificate of merit or service, good
to, or different from, that of the genuine original. conduct or similar circumstances by a public officer
1. This can only be committed by the Official a). as in the case of a barangay captain who issues a
Custodian of documents Certificate of Good Moral Character to a bully , or a
2. Example: Issuing a Certified True Copy of a birth head of office who issues a Certificate of Exemplary
certificate of a person when no such certificate exists Conduct to an employee with several disciplinary
or penalties
3. Issuing a true copy of a title and indicating therein
the land is mortgaged when no such encumbrance 3). The act of falsifying by a private person of medical
exist on the original on file with the office certificate or certificate of merit
a). The name of the crime is Falsification of a Medical
Certificate or Certificate of Merit to distinguish it from
H. Intercalating any instrument or note relative to the ordinary falsification
issuance thereof in a protocol, registry or official book b). Example: the patient who altered the period of days
of confinement
1. Example: Inserting a Birth Certificate in the
recorded of the Civil Registrar to make it appear 4. The act of knowingly using said false certificates
the birth was recorded
Art. 175. Manufacturing and Possession of
ART. 172. Falsification by a private individual instruments or implements for falsification
and Use of falsified documents Acts punished:
I. Punishes these acts: (1) If the falsification is by a 1. Making any instrument or implements intended
private person and the document falsified is a public to be used in the crime of counterfeiting or
or commercial document (2) Falsification by any falsification.
person of a private document and (3) Introducing in a). Examples: false seals, false branding instruments
any judicial proceeding a falsified document or (4) b). The tools need not be a complete set
Using a falsified document in any transaction 2. Introducing into the Philippines of said
instruments or implements
II. There are only seven acts of falsification of a private 3. Possession of said implements with animus
person. In the falsification of a private document the utendi or intent to use
damage includes damage to honor.
III. In introducing a falsified document in a judicial OTHER FALSITIES
proceeding, damage is not required. Example: The act Note: the subject of these falsities are not papers,
of the defendant in introducing a falsified receipt to instruments or documents but : (1) official authority
show that the debt was paid. or functions; (2) rank, title, names, (3) uniforms and
insignias and (4) testimonies under oath. These are
IV. In the crime use of a falsified document, the user is also capable of being falsified or subjected to acts of
not the falsifier but a third person, who must know the deception
falsity of the document.
Art. 177. Usurpation of Authority or official 5. The use of Aliases is punished under C.A. 142
functions
B. Concealing True Name and other Personal
A. Usurpation of Authority- the crime committed by a Circumstances- the purpose is to conceal one’s
person who knowingly and falsely represents himself identity. Such as in order to avoid giving support or to
to be an officer agent, representative or any avoid debtors .
department or agency of the Philippine government or
foreign country. : C. When may a person use a name other than his
1. The representation must be active, i.e by words or registered or baptismal name?
acts and the accused need not actually perform any 1. When allowed by the court in a petition for a change
function pertaining to the office misrepresented. What of name
is punished is the act of false misrepresentation. He 2. When used in the field of entertainment, literature
who does not object when introduced as a ranking or sports
official is not guilty of usurpation. a). Pen names of authors such as Mark Twain, Saki
2. This is different from the crime of Usurpation of b). Names in the entertainment industry:
Powers under articles 239 to 241 which deals with Eminem………………………….….. Marshall Mathers
interference in the functions of one department by Elton John……………………………….Reginald White
another department Joseph Estrada…………………….Joseph Ejercito
3. This includes any government owned or controlled FPJ………………………………………...Ronald Poe c).
corporations Sport’s Monickers such as “Flash”: Speedy”” Bata”,
4. Example: a private person greets tourists, gives “Sugar”
them the key to the city, welcomes them, by declaring 3. When allowed by law such as when a woman
that he is the city mayor marries or when a person is legally adopted
4. Under the Witness Protection Program in order to
B. Usurpation of Functions- the crime committed by protect the identity and safety of the witness
any person who actually performs an act pertaining to
a public official of the government or any agency Art. 179. Illegal use of Uniform or Insignia
thereof accompanied by a pretense that he is such
public official. I. The act punished is the public and improper use of
any insignia, uniform or dress pertaining to an office
1. There must be a pretense or falsie assertion of not held by the accused or to a class of persons of
being a public official. In the absence thereof, there is which he is not a member.
no usurpation of functions.
a) Thus one who enters a public school ands starts
teaching pupils, without claiming to be a teacher, is A. Examples: unlawful use of ecclesiastical habit of a
not liable. Same with one who asks questions on religious order; school uniforms; uniform of the boy’s
witnesses about a crime without asserting he is a scout; the regalia of the Knights of Columbus
police investigator. Or one who directs traffic might be
performing a civic action. II. If the uniform, insignia, badge, emblem or rank,
b) One who introduces himself to be an NBI agent medal, patch or identification card pertains to
and begins interrogating witnesses is liable. As with members of the military what applies is R.A. 493. If it
one who claims to be a BIR agent and begins going pertains to the uniform, regalia or decoration of a
over the books of a businessman, or one who claims to foreign state, it is punished under R.A. 75.
be with the Department of Labor and starts inquiries
as to the employment status of employees. III. The use must be malicious i.e. to give the
c) There is such a crime as Seduction through impression that the accused is a member of the office
Usurpation of Official Functions. or class and thereby enjoy the prestige and honor of
that office or class.
2. The offender may himself be a public official who
assumes a position without color of law. As in the case Art. 180. Perjury requires malice and cannot
of a number one councilor who took over the position be willful where the oath is according to belief
of the mayor who was on leave despite opinions that it or conviction as to its truth ( Villanueva vs.
be the vice mayor who must be the acting mayor. Secretary of Justice 495 SCRA 475)

3. However, if the authority or function usurped FRAUDS

pertains to a diplomatic, consular or other accredited Art. 185. MACHINATIONS IN
officers of a foreign government, the offender is also PUBLIC AUCTIONS
liable under R.A. 75. A. Concept: The crime committed by any person who
intends to cause the reduction of the price of a thing
Art. 178. Using Fictitious Name and concealing auctioned and shall either (1) solicit any gift or a
true name. promise as a consideration for refraining from taking
part in any public auction, and (1) attempt to cause
A. Using Fictitious Name is the act of publicly using a bidders to stay away from an auction by threats, gifts,
name other than one’s registered or baptismal name promises or any other artifice.
for the purpose of either to: (1) conceal a crime (2) B. When a thing is sold it is either through a direct sale
evade judgment or (3) cause damage to public interest to a particular individual or through public bidding.
1. A fictitious name is any name which a person Public bidding is preferred in order to obtain the best
publicly applies to himself without authority of law. and most advantageous price. This is especially true
2. The purpose is material even if it is simply to with respect to judgment debtors in case of judgment
cause confusion among the public sales. The best and highest price is achieved by leaving
3. If the purpose is to cause damage to a private it to any interested buyer to offer a better price over
person’s interest, the crime may constitute estafa those offered by others. Any a scheme so that the article
4. If the purpose is to obstruct justice the offense is will be sold at a low price, is called machination.
punished under P.D. 1829
C. In the second mode, the threat, coercion or force, is
absorbed but the bribery is a separate offense.

D. Examples:
1. X knows Y is interested to buy a piano worth
P250,000.00 being sold at an auction. X approaches Y
and says he can bid as high as P250,000.0 but will not
bid if Y just give him P25,000.00 so that Y has no
competitor.
2. Y wants to buy the piano and knows that X is ready
to bid against him. He tells X not to bid and accept
P25,000.00 instead.

ART. 186. MONOPOLIES AND

COMBINATIONS IN

RESTRAINT OF TRADE

A. Introduction:
[Link] an open market economy, the price of goods is
supposed to be determined by the relationship of
supply and demand. Hence, any act, scheme or
strategy, by which the price of goods and commodities
are intentionally affected, are punished. This includes
practices such as such as resorting to artificial
shortage or hoarding of goods, spreading false rumors.
Likewise there should be free competition in the
market. The law thus punishes any scheme of a person
or persons to monopolize goods and commodities,
including all acts to kill competitors, such as under
pricing of goods.

B. However, Article 186 is ineffective in the face of

conglomerates, mergers and combinations of big
companies; and the diversification of the products of
big companies; mass production of goods by
companies so that they can afford to sell at prices
lower that those offered by retailers.

Frauds in Commerce and Industry

A. Crimes involving Metal Products: Articles made of

precious metals such as gold, silver, are supposed to
bear marks, brands or stamps, which must indicate the
actual finesse or quality of said metal products i.e
carat, so as not to deceive the public. Hence Article 187
punishes the act of importing, selling or disposing off
these articles knowing that their actual finesse is not
indicated in their brand, mark or stamps.

B. As to deceptions involving trademarks, trade names

and service marks, the acts punished relative thereto,
such as: Infringement, Unfair competition, Fraudulent
Registration, False Designation of Origin; are
punished by the Intellectual Property Code.