Professional Documents
Culture Documents
Falsification of a public document is consummated upon the execution of the false document.
And criminal intent is presumed upon the execution of the criminal act. Erring public officers
failure to attain their objectives, if that really be the case, is not determinative of their guilt or
innocence. The simulation of a public document, done in a manner so as to give it the
appearance of a true and genuine instrument, thus, leading others to errors as to its authenticity,
constitutes the crime of falsification.21
In fine, the element of gain or benefit on the part of the offender or prejudice to a third party as a
result of the falsification, or tarnishing of a documents integrity, is not essential to maintain a
charge for falsification of public documents.22 What is punished in falsification of public
document is principally the undermining of the public faith and the destruction of truth as
solemnly proclaimed therein. In this particular crime, therefore, the controlling consideration lies
in the public character of a document; and the existence of any prejudice caused to third
persons or, at least, the intent to cause such damage becomes immaterial.23
10
Bermejo v. Barrios, Nos. L-23614-15, February 27, 1970, 31 SCRA 764; Cacnio v. Baens, 5
Phil. 742 (1906); cited in 6 Herrera, Remedial Law 256 (1999).
11
18
Re: Fake Decision Allegedly in G.R. No. 75242, A.M. No. 02-8-23-0, February 16, 2005, 451
SCRA 357, 386.
21
22
Bustillo v. Sandiganbayan, G.R. No. 146217, April 7, 2006, 486 SCRA 545, 551.
Lastrilla v. Granda, G.R. No. 160257, January 31, 2006, 481 SCRA 324, 345; citing Lumancas
v. Intas, G.R. No. 133472, December 5, 2000, 347 SCRA 22, 33-34; and Luague v. Court of
Appeals, G.R. No. 55683, February 22, 1982, 112 SCRA 97, 101.
23
the crime of falsification has already existed. Actually utilizing that falsified public, official or
commercial document to defraud another is estafa. But the damage is caused by the
commission of estafa, not by the falsification of the document. Therefore, the falsification of the
public, official or commercial document is only a necessary means to commit estafa.
33
ART. 171. Falsification by public officer, employee; or notary or ecclesiastical minister. The
penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public
officer, employee, or notary who, taking advantage of his official position, shall falsify 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 participated in any act or proceeding when they did
not in fact so participate;
3. Attributing to persons 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;
36
Domingo v. People, G.R. No. 186101, October 12, 2009, 603 SCRA 488, 505-506.
upon any public officer, employee, or notary who, taking advantage of his official
position, shall falsify a document by committing any of the following acts:
xxx xxx xxx
2. Causing it to appear that persons have participated in any act or proceeding when
they did not in fact so participate;
In falsification under the above-quoted paragraph, the document need not be an authentic
official paper since its simulation, in fact, is the essence of falsification. So, also, the
signatures appearing thereon need not necessarily be forged. 11
Under Article 48 of the Revised Penal Code, when a single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary means for committing the other, the penalty for
the most serious crime shall be imposed, the same (the penalty) to be applied in the maximum
period. The penalty prescribed for the offense of malversation of public funds, when the amount
involved exceeds six thousand pesos but does not exceed twelve thousand pesos, is prision
mayor in its maximum period to reclusion temporal in its minimum period; in addition, the offender
shall be sentenced to suffer perpetual special disqualification and to pay a fine equal to the amount
malversed (Art. 217[3], Revised Penal Code). The penalty of prision mayor and a fine of five
thousand pesos is prescribed for the crime of falsification under Article 171 of the Revised Penal
Code. The former (that imposed for the malversation), being more severe than the latter (that
imposed for the falsification), is then the applicable prescribed penalty to be imposed in its maximum
period.
11
Castillo vs. Sandiganbayan 151 SCRA 425, citing U.S. vs. Corral, 15 Phil. 383.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special
disqualification and a fine equal to the amount of the funds malversed or equal to the total value of
the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is
chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has
put such missing funds or property to personal uses.
Falsification was a necessary means
to commit the crime of malversation
Article 171, paragraphs (2) and (5) of the Revised Penal Code, provides:
ART. 171. Falsification by public officer, employee or notary or ecclesiastic minister. The penalty of
prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer,
employee, or notary who, taking advantage of his official position, shall falsify a document by
committing any of the following acts:
2. Causing it to appear that persons have participated in any act or proceeding when they did not in
fact so participate;
xxx
5. Altering true dates;
xxx
Falsification under paragraph 2 is committed when (a) the offender causes it to appear in a
document that a person or persons participated in an act or a proceeding; and (b) that such person
or persons did not in fact so participate in the act or proceeding.
Lastrilla v. Granda, G.R. No. 160257, January 31, 2006, 481 SCRA 324, 345, citing Lumancas v.
Intas, 400 Phil. 785, 798 (2000), further citing People v. Po Giok To, 96 Phil. 913, 918 (1955).
16
17
Regidor, Jr. v. People, G.R. Nos. 166086-92, February 13, 2009, 579 SCRA 244, 263.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. The penalty
of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer,
employee, or notary who, taking advantage of his official position, shall falsify a document by
committing any of the following acts:
18
(b)
(c)
(d)
he
has
appropriated,
taken
or
misappropriated, or has consented to, or through
abandonment or negligence permitted, the taking by
another person of, such funds or property. (Rueda, Jr. v.
Sandiganbayan, G.R. No. 129064, November 29, 2000.)
Anent the last element, our Supreme Court has ruled that to justify
conviction for malversation of public funds, the prosecution has only to prove that
the accused received public funds or property and that he could not account for
them or did not have them in his possession and could not give a reasonable
excuse for the disappearance of the same. (Estrada v. Sandiganbayan, G.R. No.
125160, June 20, 2000, citing People v. Pepito, 267 SCRA 358,368, See also
Felicilda v. Grospe, 211 SCRA 285.) An accountable public officer may be
convicted of malversation even if there is no direct evidence of misappropriation
and the only evidence is that there is a shortage in his accounts which he has not
been able to explain satisfactorily. (Navallo v. Sandiganbayan, 234 SCRA 175,
185; Villanueva v. Sandiganbayan, 200 SCRA 722, 734.) Such conversion of
public funds must be affirmatively proved, whether by direct evidence or by the
production of facts from which conversion necessarily follows. (Bugayong v.
People, 202 SCRA 762.)
It has been held that in the absence of a satisfactory explanation, one found in possession of
and who used a forged document is the forger and therefore guilty of falsification. (Maliwat v.
CA, 256 SCRA 718.) Since it is obvious that the purported signatures of the payees in the
questioned checks were not genuine signatures on the basis of visual comparison alone, it goes
without saying that the person who encashed the same and received payment thereof is
presumed to be the forger of said signatures. Taken together with the circumstances that as
disbursing officer, appellant was the one in charge of preparation, encashment and delivery of
checks issued by the NRCP, the conclusion is inevitable that no other person other than
appellant could have falsified the payees signature, encashed the questioned checks and
misappropriated the proceeds thereof. Being a public officer who had taken advantage of his
official posisiton and falsified the signature of the payees of the questioned checks, appellant
has committed falsification of public document defined and penalized under Art. 171, paragraph
1 of the Revised Penal Code.
xxx
xxx
xxx
xxx
Records, p. 37.
27
said that a conviction for the former can be had under an information
exclusively charging the commission of a willful offense, upon the
theory that the greater includes the lesser offense. This is the
situation that obtains in the present case. Appellant was charged
with willful falsification but from the evidence submitted by the
parties, the Court of Appeals found that in effecting the falsification
which made possible the cashing of the checks in question,
appellant did not act with criminal intent but merely failed to take
proper and adequate means to assure himself of the identity of the
real claimants as an ordinary prudent man would do. In other words,
the information alleges acts which charge willful falsification but
which turned out to be not willful but negligent. This is a case
covered by the rule when there is a variance between the allegation
and proof, and is similar to some of the cases decided by tills
Tribunal.
xxx xxx xxx
Moreover, Section 5, Rule 116, of the Rules of Court does not
require that all the essential elements of the offense charged in the
information be proved, it being sufficient that some of said essential
elements or ingredients thereof be established to constitute the
crime proved. . .
The fact that the information does not allege that the falsification was
committed with imprudence is of no moment for here this deficiency
appears supplied by the evidence submitted by appellant himself
and the result has proven beneficial to Mm. Certainly, having alleged
that the falsification has been willful, it would be incongruous to
allege at the same time that it was committed with imprudence for a
charge of criminal intent is incompatible with the concept of
negligence.
Subsequently, we ruled in People vs. Consigna, et al. 16 that the aforestated rationale and
arguments also apply to the felony of malversation, that is, that an accused charged with willful
malversation, in an information containing allegations similar to those involved in the present case, can be
validly convicted of the same offense of malversation through negligence where the evidence sustains the
latter mode of perpetrating the offense.