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Chapter V Forgery, Falsification of Documents and Counterfeiting

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CHAPTER V

FORGERY,
FALSIFICATION OF
DOCUMENTS AND
COUNTERFEITING
Signature
A signature is the name of the person written by him or
her in a document as a sign of acknowledgement.

It is a written representation of someone's name as a


proof of identity and intention
Identification of
Signatures
1. A signature is a word most practiced by many people and therefore
most fluently written;
2.A signature is a means to identify a person and has a great personal
significance;
3.A significance is a written with little attention to spelling and some
other details;
4.A signature is a word written without conscious thought about the
mechanics of its production and is written automatically; and
5.A signature is the only word the illiterate can write with confidence.
genuine Signature
A genuine signature is a combination of limited number of
letters and strokes that compose the name of the author
or writer.
Indication of genuineness
1. Flying or flourishing starts.
2. Flying or vanishing finishes.
3. Intermediate strokes where pen comes off the paper but not
stopped and shows continuity of motion.
4. Abbreviated forms.
5. Distorted forms.
6. Illegible forms (unusual illegibility) (Written in sufficiently free and
rapid manner).
7. Broken and unfinished signature
8. Genuine retouching or overwriting.
Indication of genuineness
9. Ink failure.
10.Correct general appearance with incorporated delicate qualities of
an individual character.
11. Conformity of delicate line quality.
12. Freedom in writing.
13. Skillful shading.
14. Certain natural variations in detail of the writing.
Suggested Steps in the
Examination of Signatures
1. For a simultaneous viewing of the various elements and
characteristics, juxtapose the questio and the standard signatures.

2. The first element to be considered is the movement employed or


the manner of execution, so deliberate or rapid. Basicaily, the
existing difference between the genuine signature and an alm perfect
forgery is the manner of execution.

3. Determine the quality of line and the presence of tremor, smooth,


fluent or hesitation. The del in line quality is only appreciated when
simultaneously viewing is made.
Suggested Steps in the
Examination of Signatures
4. Examine the initial and terminal strokes. They are very significant
as they determine whether the appearance is blunt, club-shaped,
tapered or vanishing.

5. Design and structure of the letters. Determine the roundness,


smoothness, angularity and direction of the stroke of letters, each of
them has a different concept of letter design.

6. Look for the presence of retouching or patching.


Suggested Steps in the
Examination of Signatures
7. Observe the connecting strokes, slant ratio, size and the lateral
spacing.

8. Do not rely so much on the similarity or difference of the capital


letters for these often change according to the whim of the writer.
FORGERY
Definition
Forgery is committed by any person who, with intent to
defraud signed the name of another person or a fictitious
person knowing that he/she has no authority to do so, or
falsely makes, alters, forges or counterfeits or forges the
seal or handwriting of another knowing the same to be fake,
altered or forged or counterfeit with intent to prejudice,
damage or defraud any person.
FORGERY
Forgery is an intent to defraud; a legal term which
involves not only a non-genuine document but also an intent
on the part of the maker to defraud. Outside of the
courtroom however, forgery is used synonymously with
fraudulent signature or spurious document.
HISTORY
The law of forgery may have originated with an early Roman law (c. 80 B.C.) that
prohibited falsification of documents describing the passing on of land to heirs. The
precise scope of what was considered forgery at common law is not universally agreed
upon, but a statute passed in the time of Queen Elizabeth I (An Act against forgers of
false deeds and writings, 5 Eliz. 1, c. 14 (1562) (England) forgery of publicly recorded,
officially sealed documents with the intent to affect the title to land, as well as the
knowing use of such documents as evidence in court. In the first major expansion of the
law's coverage, a 1726 decision declared that a false endorsement on an unsealed
private document was indictable both under the Elizabethan statute and at common law
(Rex v. Ward, 92 Eng. Rep. 451 (K.B. 1726).
HISTORY
Writing only half a century later, William Blackstone was able to declare, after referring
to several contemporary statutes, that "there is now hardly a case possible to be
conceived wherein forgery, that tends to defraud, whether in the name of a real or
fictitious person, is not made a capital crime" (250). Blackstone defined common law
forgery, which he also called crimen falsi, "the fraudulent making or altering of writing
to the prejudice of another man's right." Pillory, fines, and imprisonment were the
penalties in those rare cases that were not subject to capital punishment (247).
Indications or Symptoms of Forgery
1. Hesitations - pen stop at unusual places.
2. Non-continuous strokes.
3. Abrupt changes of direction of lines or strokes showing uncertainty of
movement.
4. Concealed or hidden joining.
5. Bulbous or blunt initial and terminal strokes.
6. Misplaced shading.
7. Shadings in more than one direction (frequent change of pen hold).
8. Lack of variation of pen pressure
Indications or Symptoms of Forgery
9. Capricious change of slant
10. Defective line quality stilted, drawn quality devoid of free, natural,
normal writing movements.
11. Unnecessary, careful patching or retouching (fraudulent retouching).
12. Unnatural pen lift.
13. Tremor
14. Presence of carbon, pencil or indented outlines along the strokes of
"inked" patterns.
Kinds of Forgery
1. Simple Forgery.
It is defined as the fraudulent writing of the signature of another in the natural
or disguised writing of the signature of another in the natural or disguised
writing of the forger, the latter exerting no effort to effect a resemblance
between the forgery and the genuine signature of the individual whose
signature is being forged. In such forgeries, the forger simply writes the name
in question with no immaterial attention disturbing his usual writing processes
or he endeavors to alter the appearance of his usual writing by adopting a
camouflage, commonly referred to as a disguise or distortion. It is also called
"spurious forgery"
Kinds of Forgery
2. Simulated Forgery.

It is a freehand drawing in imitation of a model signature. There are two basic


classes of simulation. The most common involves the use of an actual model
document. This model is placed near the document to be forged, and the forger
copies with pen or pencil, his/her conception of the form of the genuine signature
model, in the manner of the artist sketching from a live model. It is also known as
"copied forgery". (See Figure 175)
.
3. Traced Forgery

It is the result of an attempt to transfer to a fraudulent


document an exact facsimile of a genuine signature or
writing, by some tracing process; any fraudulent signature
which was executed by actually following the outline of a
genuine signature with a writing instrument.
1. Carbon Process

The forger places the document to be forged on the


bottom, interleaves a piece of carbon paper, and places on top
a document containing a genuine signature. The pressure of
this over tracing against the carbon paper imprints, the
signature outline in carbon on the bottom document.
Examination of the use of Carbon Paper or Carbon Film Ribbon
can sometimes disclose the content of the text.
2. Identation Process

The document containing the authentic signature is placed


on top of the document being forged. The forger traces usually,
with considerable pressure, over the genuine signature, using a
pencil, pen, stylus, or similar instrument and creates an
indented signature outline on the document being forged. This
sort of traced forgery likewise is readily apprehended because
of its slow unnatural execution, the presence of indentations
and depressions, and a lack of precise coincidence between
the indented signature outline and its overwritten counterpart.
.
3. Transmitted Light Process

The document to be forged is placed on top of the


document containing the genuine signature. In registration,
the two documents are superimposed over a light source
and a flat surface. The ever available window, a photo
graphic printer or the draftsman's tracing eased might be
utilized. The forger traces a signature outline with pencil or
pen and ink, following the design of the genuine signature,
made visible b the light in back of it.
COUNTERFEITING AND
HISTORY OF
COUNTERFEITING
DEFINITION

Counterfeiting is the unlawful duplication of something valuable to


deceive. Counterfeiting normally means making false money, securities,
and, sometimes, consumer products such as clothes, jewelry, and
coupons.
Counterfeiting is a growing problem because of technology such as color copier
machines and scanners. The best method to reduce this type of loss is through
the ability to recognize counterfeit money, and an excellent way to do this is to
compare a suspect bill with a genuine bill.
Three-dimensional printers are serious threat to those battling counterfeiting.
Before we introduction of paper money, the most prevalent method of counterfeiting
involved mixing base metals with pure Gold or silver. A common practice was to
“shave” the edges of the coin. This is known as “Clipping”. Precious metals
collected in that way. A fourrée is an ancient type of counterfeit coin, in which a
base metal core has been plated with a precious metal to its solid metal
counterpart.
When paper money was introduced in China in the 13th century, wood from mulberry
trees was used to make the money. To control access to the paper, guards were
stationed around mulberry forests, while counterfeiters were punished by death.
In the 13th century Mastro Adamo was mentioned by Dante Alighieri as a
counterfeiter of the Florentine fiorino, punished with death by hanging. The
English couple Thomas and Anne Rogers were convicted on 15 October 1690 for
“Clipping 40 pieces of Silver” Thomas Rogers was hanged, drawn, and quartered
while Anne Rogers was burnt alive. Evidence supplied by an informant led to the
arrest of the last of the English Coiners "King" David Hartley, who was executed
by hanging in 1770.
In the late eighteenth and early nineteenth centuries, Irish immigrants to London
were particularly associated with the spending (uttering) of counterfeit money,
while locals were more likely to participate in the safer and more profitable forms
of currency crime, which could take place behind locked doors. These include
producing false money and selling it wholesale.
Similarly, in America, Colonial paper currency printed by Benjamin Franklin and
others often bore the phrase «to counterfeit is death». The theory behind such
harsh punishments was that one who had the skills to counterfeit currency was
considered a threat to the safety of the State, and had to be eliminated.
Nations have used counterfeiting as a means of warfare. The idea is to
overflow the enemy's economy with fake bank notes so that the real
value of the money plummets. Great Britain did this during the
American Revolutionary War to reduce the value of the Continental
Dollar.
Two of the most well-known shovers for the British during the
Revolutionary War were David Farnsworth and John Blair. They were
caught with 10,000 dollars in counterfeits when arrested. George
Washington took a personal interest in their case and even called for
them to be tortured to discover further information. They were
eventually hanged for their crimes.
During the American Civil War, the Confederate States dollar was
heavily counterfeited by private interests on the Union side, often
without the sanction of the Union government in Washington. The
Confederacy's access to modern printing technology was limited while
many Northern-made imitations were printed on high-quality banknote
paper procured through extralegal means. As a result, counterfeit
Southern notes were often equal or even superior in quality compared
to genuine Confederate money.
new generation
philippine currency
series
20 pesos
Colored orange, the main design on the front of the note
features a portrait of Philippine president Manuel L. Quezon along
with scenes associated with Quezon, including the declaration of
Filipino as the national language of the Philippines and
Malacañang Palace, the official residence of the President of the
Philippines. The designs on the back of the note depict the Banaue
Rice Terraces, the Asian palm civet (Paradoxurus hermaphroditus),
and a weave design from the Cordilleras. This was first issued on
December 17, 2010.
20 pesos
50 pesos

Colored red, the main designs shown on the front of the


note depict a portrait of Philippine president Sergio Osmeña
and images tied to him, one depicting the First Philippine
Assembly in 1907 and the other the Leyte landing. The main
designs on the back show Taal Lake, the Giant Trevally
(locally known as Maliputo) (Caranx ignobilis) and an
embroidery design from Batangas province. This was first
issued on December 17, 2010.
50 pesos
100 pesos
Colored violet, the main designs for this denomination on the front
depict a portrait of Philippine president Manuel A. Roxas and images
associated with Roxas, including the founding of the Central Bank of the
Philippines (Bangko Sentral ng Pilipinas) in 1949 and the Inauguration of
the Third Philippine Republic on July 4, 1946. The main designs shown
on the back feature the Mayon Volcano, the Whale Shark (locally known
as Butanding) (Rhincodon typus) and a weave design the Bible shown in
Figure 184 is the original version, was first issued on December 17,
2010, included a blue under print. And in Figure 185 are the notes issued
from April 11, 2015 onwards have a strong mauve or violet color, due to
complaints that the color of the 100 pesos note is almost
indistinguishable from the 1,000 pesos note.
100 pesos
100 pesos
200 pesos
Colored green, the main designs of the front of the note feature a
portrait of Philippine president Diosdadman descapagal, along with images
associated with Macapagal, including the EDSA People Power 2001, the
Aguinaldo Shrine in Kawit, Caraga heading the EDSA Peoples. Bulacan. The
main designs on the back of the note teadete Barasite Church in Malones
Philippine tarsier (Tarsius syrichta), and a weave design from the Visayas.
The main designs on the front of the note were used from 2010 to 2017. As
shown in Figure 186 was the first issued on December 17, 2010. While in
Figure 187 is the December 5, 2017 issued features images showing the
Declaration of Philippine Independence in Kawit, Cavite, and the Opening of
the Malolos Congress in Barasoain Church, Malolos, Bulacan.
200 pesos
200 pesos
500 pesos
Colored yellow, the main designs on the front of the note feature
the dual 5 portraits of Philippine Senator Benigno Aquino Jr. and
his wife, Philippine president Corazon C. Aquino. Also on the front
of the note are images associated to the couple, the image of the
1986 People Power Revolution and the Benigno Aquino Jr.
monument in Makati City. The main designs on the back of the
note feature the Subterranean River National Park, the Blue-naped
parrot (Tanygnathus lucionensis), and a cloth design from the
Southern Philippines. This was first issued on December 17, 2010.
500 pesos
1000 pesos
Colored light-blue, the main designs on the front of the note feature the
trio portraits of José Abad Santos, Vicente Lim and Josefa Llanes Escoda.
Also on the front of the note is an image of the Centennial celebration of
Philippine independence. The main designs on the back of the note
feature the Tubbataha Reefs Natural Park, the South Sea Pearl (Pinctada
maxima), and a cloth design from the Mindanao design for Tinalak (Ikat-
dyed abaca). As shown in Figure 189 is the original first issued on
December 17, 2010 featured the Order of Lakandula (erroneously labeled
as «Medal of Honor») and its description on the front. On the other hand
in Figure 190, are the notes issued from December 5, 2017 onwards omit
both the medal and its description.
1000 pesos
1000 pesos
1 Sentimo

The obverse side of the coin feature the description "Republika


ng Pilipinas", the three stars and the sun (stylized representation
of the Philippine flag), the denomination, year of minting, and
mint mark, and the reverse side of the coin depicts the
Xanthostemon verdugonianus (Mangkono), a plant endemic to the
Philippines and the current logo of the Bangko Sentral ng
Pilipinas. The composition is nickel-plated steel, has diameter of
15 mm, and mass of 1.9 grams. This was introduced on March 26,
2018.
1 Sentimo
The obverse side of the coin feature the description "Republika
ng Pilipinas", the three stars and the sun (stylized representation
of the Philippine flag), the denomination, year of minting, and mint
mark, and the reverse side of the coin depicts the Xanthostemon
verdugonianus (Mangkono), a plant endemic to the Philippines and
the current logo of the Bangko Sentral ng Pilipinas. The
composition is nickel-plated steel, has diameter of 15 mm, and
mass of 1.9 grams. This was introduced on March 26, 2018. (See
Figure 191)
5 Sentimo

The obverse side of the coin feature the description "Republika


ng Pilipinas". the three stars and the sun (stylized representation
of the Philippine flag), the denomination, year of minting, and mint
mark, and the reverse side of the coin depicts the Calotropis
gigantea (Kapal-kapal baging), a plant endemic to the Philippines
and the current logo of the Bangko Sentral ng Pilipinas. The
composition is nickel-plated steel, has diameter of 16 mm, and
mass of 2.2 grams. This was introduced on March 26, 2018.
5 Sentimo
25 Sentimo

The obverse side of the coin feature the description “Republika


ng Pilipinas”, the three stars and the sun, the denomination, year
of minting and mint mark , and the reverse side of the coin depicts
the Dillenia philippinensis (Katmon) a plant endemic to the
Philippines and the current logo of the Bangko Sentral ng Pilipinas.
The composition is nickel- plated steel, has a diameter of 20 mm,
and mass of 3.6 grams. The size and mass coin same as 2.5
centavors in BSP Series. This was introduced on March 26, 2018.
25 Sentimo
1 peso

The obverse side of the coin features the description "Republic


of the Philippines", the denomination, year of minting, and mint
mark, and the reverse side of the coin depicts the Vanda
sanderiana (Waling- Waling), a plant endemic to the Philippines and
the current logo of the Central Bank of the Philippines. The
composition is nickel-plated steel, has a diameter of 23 mm, and a
mass of 6 grams. This was introduced on March 26, 2018.
1 peso
5 peso
The obverse side of the coin features the description "Republic of the
Philippines", Andrés Bonifacio, a national hero of the Philippines, the
denomination, year of minting, and mint mark. , a plant endemic to the
Philippines and the current logo of the Central Bank of the Philippines. The
composition is nickel-plated steel, has a diameter of 25 mm, and a mass of
7.4 grams. As shown in Figure 195, the previous 5 peso coin which looks
similar to 1 peso in terms of size and shape was introduced on November 30,
2017. The Central Bank of the Philippines has reissued the 5-peso coin in a
nonagonal (9-sided shape) into circulation on December 17, 2019
5 peso
5 peso
10 peso
The obverse side of the coin feature the description "Republika ng
Pilipinas", Apolinario Mabini, sa national hero of the Philippines, the
denomination, year minting, and mint mark, and the reverse side of the coin
depicts the Medinilla magnifica (Kapat kapa), a plant endemic to the
Philippines and the current logo of the Bangko Sentral ng Kapas. The
composition is nickel-plated steel, has diametepines in con, and mass of
grams. This is the third edge inscription coin used in the Philippines in
common circulation after the 1897 one peso coin which edge is fleur-de-iles
and the 50 centavo coin in 1880 1885 which is in scripted LEY PATRIA REY *
which means «Law, homeland, king». This was introduced on March 26, 2018.
10 peso
20 peso
The 20 peso banknote will be changed into a coin that will be released in
December 2019 to solve the overuse of this banknote that only takes a year to
replace it with a new banknote based on a research by the University of the
Philippines. The Bangko Sentral ng Pilipinas states that the new 20 peso coin
will last for 10 to 15 years, longer than a 20 peso banknote. The 20 peso coin
was issued into circulation on December 17, 2019. The coin is bi-metallic, with
a bronze-plated steel outer ring and a nickel-plated steel center plug, and is
the second bi-metallic coin issued by the Bangko Sentral ng Pilipinas, after
the 10 peso coin of the New Design/BSP series.
20 peso

The obverse side of the coin features a portrait of Philippine President


Manuel Quezon and the reverse side of the coin depict the Scyphiphora (Nilad),
Malacañang Palace, the official residence and workplace of the President of
the Philippines and the current logo of the Bangko Sentral ng Pilipinas. One
notable feature is the edge inscription, with the initial "BSP" at six angles. This
is the fourth edge inscription coin used in the Philippines in common
circulation.
20 peso
2020 enhance new generation currency
(ngc) bank notes
The Central Bank of the Philippines (CBP) on July 29, 2020 officially launched
the enhanced new generation currency (NGC) banknotes, which the central
bank said features the latest anti-counterfeiting technology.

During their launching according to BSP Governor Benjamin Diokno said that
the latest banknotes took into consideration the needs of the elderly and the
visually impaired. Also he said "To further promote inclusivity and integrity in
our currency, the BSP also took an opportunity to further improve our
banknotes as part of global best practices and, at the same time, improve on
its design and security features"
2020 enhance new generation currency
(ngc) bank notes
According to Diokno, the enhanced NGC banknotes are slightly more expensive
to produce than the previously launched NGC baned NGC banknotes are sligh is
no significant difference in the cost of producing. We estimate there's an
averaged thatase of 1% in the cost of production".Moving forward, the BSP said
the enhanced banknotes will continue to coexist with the previously launched
NGC notes, which will be removed through natural attrition. "The enhanced NGC
banknotes shall co-exist with the NGC banknotes currently in circulation," the
BSP said. "These NGC banknotes shall be gradually replaced with the enhanced
banknotes and be removed from circulation through natural attrition.
Security thread

For the P100, P200, P500, and P1,000 banknotes, the windowed
security thread (WST) which runs vertically across the note shows
movements of designs and color when viewed at different angles. These
threads adopt an indigenous weave design and bears the alphanumeric
denominational value and "BSP" text in repeated series. For the P1,000
note, the width of the thread has been increased to 5 millimeters from 4
millimeters. The width for the other denominations was retained at 4
millimeters.
optically variable ink

For the P1,000 banknote, the embossed "1,000" denominated


value at the lower right corner of the face of the note changes
color from green to magenta when viewed at different angles. For
the P500 note, a mark with a stylized Philippine flag design 3.2.
changes color from gold to green depending on which angle it is
viewed.
tactile marks

The enhanced banknotes now have pairs of short


horizontal bands printed in intaglio at the extreme right
and left sides of the note - five pairs for P1,000; four
pairs for P500; three pairs for P200; two pairs for P100,
and one pair for P50.
enhanced value panel

Enhanced Value Panel. For both the P1,000


and P500 notes, the value panel at the upper
left corner has been enhanced by adding a
rolling bar effect when tilted from left to right
LAWS ON FORGERY, FALSIFICATION OF DOCUMENTS AND COUNTERFEITING

THE REVISED PENAL CODE OF THE PHILIPPINES

BOOK TWO
CRIMES AND PENALTIES
Title Four

CRIMES AGAINST PUBLIC INTEREST


Chapter One
FORGERIES
Section One. — Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief
Executive.

Art. 161. Counterfeiting the great seal of the Government of the


Philippine Islands, forging the signature or stamp of the Chief
Executive. — The penalty of reclusion temporal shall be
imposed upon any person who shall forge the Great Seal of the
Government of the Philippine Islands or the signature or stamp
of the Chief Executive.
Section One. — Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief
Executive.

Art. 161. Counterfeiting the great seal of the Government of the


Philippine Islands, forging the signature or stamp of the Chief
Executive. — The penalty of reclusion temporal shall be
imposed upon any person who shall forge the Great Seal of the
Government of the Philippine Islands or the signature or stamp
of the Chief Executive.
Art. 162. Using forged signature or counterfeit seal or
stamp. — The penalty of prision mayor shall be
imposed upon any person who shall knowingly make
use of the counterfeit seal or forged signature or
stamp mentioned in the preceding article.
Section Two. - Counterfeiting Coins
Art. 163. Making and importing and uttering false coins. — Any person who makes,
imports, or utters, false coins, in connivance with counterfeiters, or importers,
shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed
P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of
the Central Bank of the Philippines of ten centavo denomination or above.
2. Prision correccional in its minimum and medium periods and a fine of not to
exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the
Philippines or of the Central Bank of the Philippines below ten-centavo
denomination.
3. Prision correccional in its minimum period and a fine not to exceed P1,000
pesos, if the counterfeited coin be currency of a foreign country. (As amended by
R.A. No. 4202, approved June 19, 1965).
Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. —
The penalty of prision correccional in its minimum period and a fine not to
exceed P2,000 pesos shall be imposed upon any person who shall mutilate
coins of the legal currency of the United States or of the Philippine Islands
or import or utter mutilated current coins, or in connivance with mutilators
or importers.

Art. 165. Selling of false or mutilated coin, without connivance. — The person
who knowingly. although without the connivance mentioned in the
preceding articles, shall possess false or mutilated degree than that
prescribed in said articles.
Section Three. Forging treasury or bank notes, obligations and securities:
importing and uttering false or forged notes, obligations
securities.

Art. 166, Forging treasury or bank notes on other documents payable to bearer;
importing, and uttering such false or forged notes and documents. — The
forging or falsification of treasury or bank notes or certificates or other
obligations, or notes
,shall be punished as follows:

1.By reclusion temporal in its minimum period and a fine not to exceed P10,000
pesos, if the United Stathich has been falsified, counterfeited, or altered, is an
obligations or security of the United States or of the Philippines Islands.
2. By prision mayor in its medium period and a fine not to exceed P5,000
pesos, if the falsified or counterfeited document was issued by a
foreign government.
3. By prision mayor in its minimum period and a fine not to exceed
P2,000 pesos, when the forged or altered document is a circulating note
or bill issued by a foreign bank duly authorized therefore.

Art. 167. Counterfeiting, importing and uttering instruments not payable


to bearer. - Any person who shall forge, import or utter, in connivance
with the forgers or importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer the penalties of
prision correccional in its medium and maximum periods and a fine not
exceeding P6,000 pesos.
Art. 168. Illegal possession and use of false treasury or bank notes
and other instruments of credit. — Unless the act be one of those
coming under the provisions of any of the preceding articles, any
person who shall knowingly use or have in his possession, with
intent to use any of the false or falsified instruments referred to in
this section, shall suffer the penalty next lower in degree than
that prescribed in said articles.
ARTICLE 169. HOW FORGERY IS COMMITTED - The Forgery referred to
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 and genuine document;
2. By erasing, substituting, counterfeiting, or altering by any
means the figures, letters, words, or sign contained therein.
• Forgery includes falsification and counterfeiting. The essence
of forgery is giving a document the appearance of a true and
genuine document. Not any alteration of a letter, number, figure
or design would amount to forgery. At most, it would only be
frustrated forgery.

• Forgery can be committed through the use of genuine paper


bills that have been withdrawn from circulation, by giving them
the appearance of some other true and genuine document.
(People vs. Galano, C.A. 54 O.G. 5899
ACTS OF FALSIFICATION
Article 170 – Falsification of Legislative Documents.
ELEMENTS:
1. There is a bill, resolution or ordinance enacted or approved
by either House of Congress, or any provincial board or
municipal council;
2. Offender alters the same;
3. He has no proper authority therefor;
4. The alteration has changed the meaning of the document
Five (5) classes of Falsification:
1. Falsification of legislative documents;
2. Falsification of a document by a public officer,
employee or notary public;
3. Falsification of a public or official, or commercial
documents by a private individual;
4. Falsification of a private document by any person;
5. Falsification of wireless, telegraph and telephone
messages.
THE PENALTY OF PRISON CORRECTIONAL IN ITS MAXIMUM
PERIOD AND A FINE NOT EXCEEDING P6,000 PESOS SHALL
BE IMPOSED UPON ANY PERSON WHO, WITHOUT PROPER
AUTHOIRTY THEREFORE ALTERS ANY BILL, RESOLUTION, OR
ORDINANCE ENACTED OR APPROVED OR PENDING APPROVAL
BY EITHER HOUSE OF THE LEGISLATURE OR ANY PROVINCIAL
BOARD OR MUNICIPAL COURT
Article 171 – Falsification by Public Officer, Employee or Notary
or Ecclesiastical Minister:
Elements:
1. Offender is a Public officer, employee, or notary public;
2. He takes advantage of his official position;
3. He falsifies a document by committing any of the following
acts:
a.) Counterfeiting or imitating any handwriting, signature
or rubric;
b.) Causing it to appear that persons have participated in
any act or proceeding when they did not in fact so participate.
c.) Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them;
d.) Making untruthful statements in a narration of facts;
e.) Altering true dates;
f.) Making any alteration or intercalation in a genuine document
which changes its meaning;
g.) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exists or
including in such a copy a statement contrary to, or different from,
that of the genuine original.
h.) Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
The penalty of prison mayor and a fine not
exceeding 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 above stated
following acts.
ARTICLE 172 – FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF
FALSIFIED DOCUMENTS - The penalty of prison correccional in its
medium and maximum periods and a fine of not more than
P5,000 pesos shall be imposed upon:
1.) Any private individual who shall commit any of the
falsifications enumerated in the next preceding article in any
public or official document or letter of exchange or any other
kind of commercial document; and
2.)Any person who, to the damage of a third party, or with the
intent to cause such damage, shall in any private document
commit any of the acts of falsifications enumerated in the next
preceding article.
Four Kinds of Documents:
1. Public document – A document created, executed 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.
2. Official Document – A document which is issued by a public
official in the exercise of the functions of his office.
3. Commercial document – Any document defined and regulated
by the Code of Commerce or any other commercial laws.
4. Private document – A deed or instrument executed by a private
person without intervention of a notary public or other person
legally authorized, by which document some disposition or
agreement is proved, evidenced or set forth.
Article 173 - Falsification of Wireless, Cable, Telegraph and
Telephone Messages and Use of Said Falsified Messages - The
penalty of prison correccional in its medium and maximum
periods shall be imposed upon officer or employee of the
government or of any private corporation or concern engaged
in the service of sending or receiving wireless, cable or
telephone message who utters a fictitious wireless, telegraph
or telephone message of any system or falsifies same.
Article 174 – False Medical Certificates, False Certificates of
Merit or Service, etc. - The penalties of arresto mayor in its
maximum period to prison correccional in its minimum period
and a fine not to exceed P1,000 shall be imposed upon:

1.) Any physician or surgeon who, in connection, with the


practice of his profession, shall issue a false certificate, and
2.) Any public officer who shall issue a false certificate of merit
of service, good conduct or similar circumstances.

The penalty of arresto mayor shall be imposed upon any private


person who shall falsify a certificate falling within the classes
mentioned in the two preceding subdivisions.
Article 175 – Using False Certificates - The penalty of
arresto menor shall be imposed upon any one who
shall knowingly use any of the false certificates
mentioned in the next preceding article.
Article 176 – Manufacturing and Possession of Instruments or
Implements for Falsification - The penalty of prison
correccional in its medium and maximum periods and a fine not
to exceed P10,000 pesos shall be imposed upon any person who
shall make or introduce into the Philippines Islands any
stamps, dies, marks, or other instruments or implements
intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding
sections of this Chapter.
Thank you
very much!

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