Crimes Against Public Interest

Art 161

Counterfeiting the great seal of the government of the Phil. Island, forging the signature or stamp of the Chief executive RT

Acts

1.      Forging the great seal of the Government of the Phil.

2.      Forging the signature of the President.

3.      Forging the stamp of the President

ART 162

Using forged signature or counterfeit seal or stamp

-          Prison mayor

Element

1.      that the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person

2.      That the offender knew of the counterfeiting or forgery

3.      That he used the counterfeited seal or forged signature or stamp

Counterfeiting coin

1.      Making and importing and uttering false coin 163

2.      Mutilation of coin – importing and utterance of mutilated coin Art 164

3.      Selling of false or mutilated coin without connivance art 165

ART 163

Making and importing and uttering false coin

Elements

1.      That there be false or counterfeited coins

2.      That the offender either made, imported , or uttered such coin

3.      That in case of uttering such false or counterfeited coins he connived with the counterfeiters or importers

Kind

1.      Silver coin of the Philippines or coin of the ccentral bank of the Philippines – Prison Mayor min to med and a fine less than 10K

2.      Coin of the minor coinage of the Philippines of the central Bank off the Phil.

o   Prison Correctional min- med fine > 2K

3.      Coin of the currency of a foreign country

o   Prison correctional min fine > 1K (RA 4202 June 16, 1965)

Coin – is a piece of metal stamp with certain marks and made current at a certain value

Minor coin – below 10 centavos denomination

Art 164

Mutilation of coins

-           Importation and utterance of mutilated coin

o   Prison correctional and fine > 2K

Acts

1.      Mutilation coins of the legal currency, with the further requirement that there be intent to damage or to defraud another

2.      Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering.

Mutilation- means to take off part of the metal either by filing it or substituting it for another metal of inferior quality

Art 165

Selling of false or mutilated coin without connivance

1.      Possession of coin, counterfeited or mutilated by another, with intent to utter the same, knowing that it is false or mutilated

a.       Possession

b.      With intent to utter

c.       Knowledge

2.      Actually uttering such false or mutilated coin knowing the same to be false or mutilated

a.       Actually uttering

b.      Knowledge

Art 166

1.      Forging or falsification of treasury or bank notes or other document payable to bearer

2.      Importation of such false or forged obligation or notes

3.      Uttering of such false or forged obligation or notes in connivance with the forgers or importers.

Notes and the obligation and securities that may be forged or falsified

1.      treasury notes

2.      certificate

3.      other obligation and securities payable to bearer

To the bearer

(a)    When it is expressed to be so payable; or

(b)   When it is payable to a person named therein or bearer; or

(c)    When it is payable to the order of a fictitious or non existing person; and such fact was known to the person making it so payable; or

(d)   When the name of the payee does not purport to be the name of any person

(e)    When the only or last document is an indorsement in blank (Negotiable instrument law Sec 9)

4 penalties

(a)    Obligation or securities by the government of the Philippine

a.       RT min fine of > 10K

(b)   Circulating note issued by any banking association duly authorized by law to issue the same

a.       P. Ma max fine > 5K

(c)    Document issued by a foreign government

a.       P. ma med fine >5K

(d)   Circulating note or bill issued by a foreign bank duly authorized to issue the same.

a.       P. Ma min fine of > 2K

Meaning of obligation or security

(a)    Bond

(b)   National banknote

(c)    Coupon

(d)   Treasury note

(e)    Fractional note

(f)    Certificate of deposit

(g)   Bills

(h)   Check

(i)     Draft for money

(j)     And other representation of value issued under act of congress

Art 167

Counterfeiting, importing and uttering instruments not payable to bearer

-          Prison Correctional medium and max fine >6 K

Element

1.      that there be an instrument payable to order or other document of credit not payable to bearer

2.      That the offender either forged, imported, or uttered such instrument

3.      That in case of uttering, he connived with the forger or importer

Negotiable Instrument Law Sec8

Art 168

Illegal possession and use of false treasury or bank note and other instrument of credit

Element

1.      that any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person

2.      That the offender knows that any of those instruments is forged or falsified

3.       That he performs any of these acts

a.       Using any of such forged or falsified instruments; or

b.      Possessing with intent to use any of suck forged or falsified instruments.

Art 169

How forgery is committed – the forgery referred to in this section may be committed by any of the following means:

1.      By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein; the appearance of a true genuine document

2.      By erasing, substituting, counterfeiting, or alterinf by means the figure, letters, words, or sign contained therein

It is ordered and decreed

1.      That it shall be unlawful for any person to willfully deface, mutilate, tear, burn, or destroy in any manner whatsoever currency notes and coins issued by the central Bank of the Philippines and

2.      That nay person who shall violate this decree shall upon conviction, be punished by a fine of not more than twenty thousand pesos and/or by imprisonment of not more than five years

All laws, order and regulation or parts thereof, innocent here with are hereby modified or repealed accordingly PD 247 which took effect on July 18 1973

FIVE CLASSES OF FLASIFICATION

1.      Falsification of legislative document (Art 170)

2.      Falsification of document by public officer, employee or notary public (171)

3.      Falsification of public or official or commercial document  y a private individual (Art 172 par3)

4.      Falsification of private document by any person (Art 172 par 2)

5.      Falsification of wireless, telegraph, and telephone message (Art 173)

Art 170

Falsification of legislative document

-          Prison Correctional max and fine > 6K

Element

1.      That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of Legislative or any provincial board or municipal council.

2.      That the offender alter the same

3.      That he has no proper authority therefor

4.      That the alteration has changed the meaning of the document.

Note: Words “municipal council” should include the city council or municipal board

RA 248 – prohibit of reprinting without previous authority.

Art 171

Falsification by private officer, employee or notary oe ecclesiastical minister

-          Prison mayor fine > 5K

Element

(a)    That the offender is a public officer, employee, or notary public

(b)   That he take advantage of his official position

(c)    That he falsifies a document by committing any of the following acts

1.      Counterfeiting or imitating any handwriting, signature, or rubric

2.      Causing it to appear that persons have participating in any act or proceeding when they did not in fact so participated

3.      Attributing to person who have participated in an act or proceeding statements other than those in fact made by them.

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 authentically 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.

8.      Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

(d)   In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of person.

Ecclesiastical minister – affect the civil status of a person

2^nd element

Offender take advantage of his official position in falsifying a document when

1.      He has the duty to make or to prepare or otherwise to intervene in the preparation of the document

2.      He has the official custody of the document which the falsifies

3^rd element

Document is any written statement by which a right is established or an obligation extinguished

Falsification

1.      Making alteration or intercalation

2.      Including in a copy a different statement, there must be a genuine document.

Par 1.

Act

1.      Counterfeiting, which is imitating any handwriting, signature or rubric

2.      Feigning which is simulating a signature, handwriting, or rubric out of one which does not in fact exist.

Imitation need not be perfect

Requisite

1.      That there be an intent to imitate or an attempt to imitate

2.      That the two signatures or handwritings, the genuine and the forged, bear some resemblance to each other.

Imitating (feigning)

-          Fingiendo (for imitation)

o   No original signature, etc that does not exist to represent by a false appearance; to give mental existence; to imagine

Par 2

Requisite

1.      That the offender caused it to appear document that a person or persons participated in an act or a proceeding; and

2.      That such person or persons did not in fact so participate in that act or proceeding.

Par3

1.      That a person or persons participated in an act or a proceeding

2.      That such person or persons made statements in that act or proceeding and

3.      That the offender, in making a document, attributed to such person or persons statement other than those in fact made by such person or persons

Par4

1.      That the offender makes in document statements in a narration of facts

2.      That he has legal obligation to disclose the truth of the fact narrated by him.

3.      That the facts narrated by the offender are absolutely false; and

4.      That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person

a.       That the offender took advantage of his official position he has the duty to make or prepare the document.

b.       official custody which he falsified

Par 6

1.      That there an alteration(change) or intercalation (insertion) on a document

2.      That it was made on a genuine document

3.      That the alteration or intercalation has changed the meaning  of the document; and

4.      That the change made the document speck something false.

Par 7- Committed only by public officer or notary public

1.      Purporting to be copy of an original when no such original exists.

2.      Including in a copy a statement contrary to, or different from, that of the genuine original.

Art 172

Prison Correctional medium and maximum and a fine of > 5K

1.      Falsification of public, official, commercial document by a private individual

2.      Falsification of private document by any person

3.      Use of falsification

Element

1.      That the offender is private individual or public officer or employee who did not take advantage of his official position.

2.      That he committed any of the acts of falsification enumerated in Art 171 .

3.      That the falsification was committed in public or official or commercial document.

Four kind of document

1.      Public document- a document created or issued by a public official in response to the exigencies of the public service or in the execution of which a public official intervened.

o   Is any document is any instrument authorized by a notary public or a competent public official with the solemnities required by law.

     

2.      Official document – a document which is issued by a public official in the exercise of the function of his office

      Official document is also public document. Document required by a bureau to be filled by its officer for purpose of its record.

3.      Private document – a deed or instrument executed by a private person without the intervention of a notary public or other person legally authorized by which document some disposition or agreement in proved, evidence or set forth.

4.      Commercial document – any document or instruments used by merchant or business to  promote or facilitate trade

-          Any document defined and regulated by code of commerce

-          Cash disbursement voucher or receipt evidencing payment to borrower to the loan- private documents only

Writings are public

1.      The written official acts, or record of the official acts of the sovereign

The possessor of a falsified document is presumed to be the author of the falsification