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 o
r 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 w
ith the counterfeiters or importers
Kind
1.
Silver coin of the Philippines or coin of the ccentral bank of the Phili
ppines 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 tha
t 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 utterin
g.
Mutilation- means to take off part of the metal either by filing it or substitut
ing it for another metal of inferior quality
Art 165
Selling
1.
o utter
a.
b.
c.
2.

of false or mutilated coin without connivance

Possession of coin, counterfeited or mutilated by another, with intent t
the same, knowing that it is false or mutilated
Possession
With intent to utter
Knowledge
Actually uttering such false or mutilated coin knowing the same to be fa

lse or mutilated
a.
Actually uttering
b.
Knowledge
Art 166
1.
Forging or falsification of treasury or bank notes or other document pay
able 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; a
nd 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 ins
trument 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 o
f credit
Element
1.
that any treasury or bank note or certificate or other obligation and se
curity payable to bearer, or any instrument payable to order or other document o
f credit not payable to bearer is forged or falsified by another person

2.
fied
3.
a.
b.
s.

That the offender knows that any of those instruments is forged or falsi
That he performs any of these acts
Using any of such forged or falsified instruments; or
Possessing with intent to use any of suck forged or falsified instrument

Facts:
Mariano Solito was a correspondence clerk and acting chief clerk in the office o
f the division superintendent of schools in the municipality of Dumaguete. As cl
erk, he was entrusted with the care of the correspondence of said office, and wa
s authorized to open letters of an official character addressed to the office. I
t was the custom to the Director of Education to forward to the division superin
tendents of schools checks for the reimbursement for travel expenses and for the
payment of the salary of employees.
On April, 19, 1915, a warrant was issued to Alvah D. Riley for the sum of P657.5
3 by the Auditor of the Philippine which was directed to the Treasurer of the Ph
ilippines. That on the same day said warrant was also sent to the Director of Ed
ucation. However, the defendant presented said warrant to the municipal treasure
r for payment and a note purported to have been written and signed by Riley, in
which the latter requested the said treasurer to cash the warrant. Riley denies
absolutely that he gave to the defendant said note. The note was a forgery. Rile
y never signed it nor authorized it.
Issue:
Do these acts of the defendant fall under any of the provisions of Act No. 1754?
Is the defendant punishable under any of said provisions?
Held:
The warrant was a check issued by the Government of the Philippines and, therefo
re, an obligation of the Government as defined by section 1 of Act No. 1754. It
was originally made payable to Alvah D. Riley, or to his order. When it was indo
rsed as above indicated, it became a check or warrant payable to bearer. The ind
orsement made a material alteration in said warrant. The indorsement changed sai
d check from one payable to Alvah D. Riley, or to one to whom he ordered it paid
, to one payable to bearer. The indorsement by the defendant had the effect of e
rasing the phrase "or order" upon the face of the warrant.
Whenever the holder of a check, without the consent of the maker, changes its te
rms so as to make it payable to bearer by erasing or changing the words "or orde
r" after the payee's name, he thereby makes a material change in said document.
Changing the phrase "or order" to "bearer" is a material alteration. While the i
nstrument was payable to Alvah D. Riley, or order, it was negotiable by the indo
rsement of Alvah D. Riley only. The change made it payable to "bearer" and it wa
s thereafter negotiable and transferable by delivery simply. In construing the e
ffect of the indorsement we must only look to said indorsement, but to the face
of the document also, for the purpose of ascertaining whether or not the indorse
ment operated to alter the terms or conditions of the original contract.
The defendant having passed and uttered an altered obligation of the Government
of the Philippine Islands with intent to defraud, he is punishable under article
4 of Act No. 1754.
Art 169
How forgery is committed
the forgery referred to in this section may be committe
d 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 figur
e, 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 m
odified 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 pen
ding approval by either House of Legislative or any provincial board or municipa
l 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 proce
eding when they did not in fact so participated
3.
Attributing to person who have participated in an act or proceeding stat
ements 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 chang
es its meaning
7.
Issuing in authentically form a document purporting to be a copy of an o
riginal document when no such original exists, or including in such copy a state
ment 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 falsificati
on is committed with respect to any record or document of such character that it
s falsification may affect the civil status of person.

Ecclesiastical minister

affect the civil status of a person

2nd 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 p
reparation of the document
2.
He has the official custody of the document which the falsifies
3rd element
Document is any written statement by which a right is established or an obligati
on extinguished
Falsification
1.
Making alteration or intercalation
2.
Including in a copy a different statement, there must be a genuine docum
ent.
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, bea
r some resemblance to each other.
Imitating (feigning)
Fingiendo (for imitation)
o No original signature, etc that does not exist to represent by a false appea
rance; 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 o
r 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 an
d
3.
That the offender, in making a document, attributed to such person or pe
rsons 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 du
ty 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 docum
ent
2.
That it was made on a genuine document
3.
That the alteration or intercalation has changed the meaning of the doc
ument; 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 indi
vidual
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 wh
o 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 re
sponse to the exigencies of the public service or in the execution of which a pu
blic official intervened.
o Is any document is any instrument authorized by a notary public or a compete
nt public official with the solemnities required by law.
a document which is issued by a public official in the
2.
Official document
exercise of the function of his office
Official document is also public document. Document required by a bureau t
o be filled by its officer for purpose of its record.
3.
Private document a deed or instrument executed by a private person witho
ut the intervention of a notary public or other person legally authorized by whi
ch document some disposition or agreement in proved, evidence or set forth.
4.
Commercial document
any document or instruments used by merchant or busi
ness to promote or facilitate trade
Any document defined and regulated by code of commerce
Cash disbursement voucher or receipt evidencing payment to borrower t
o the loan- private documents only
Writings are public
1.
The written official acts, or record of the official acts of the soverei
gn
The possessor of a falsified document is presumed to be the author of the falsif
ication