NOTE:

Accused must not be a public official entrusted with the custody of possession of such
document otherwise the Article 171 applies. Likewise, acts of falsification which do not
change the meaning, even in legislative documents, are punished either in Article 171 or
under Article 172.

Article 171: Falsification by Public Officer, Employee Or Notary Or Ecclesiastical Minister

Elements: (NAF)

1. The offender is a public officer, employee or notary public or ecclesiastical minister;

2. He takes advantage of his official position when;

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

b. He has the official custody of the document which he falsifies; and

3. The offender falsifies the document.

Ways of Committing (IPAUTAIN)

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;

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

NOTE:

There is no falsification of a public document, if the acts of the accused are consistent with
good faith. In falsification of public document, intent to gain or intent to injure a third
person is not necessary. It is punished because of violation of public faith and destruction
of truth as therein solemnly proclaimed.

Suggested Readings

Layug v. Sandiganbayan, G.R. No. 121047, August 16, 2000

Pacasum v. People, G.R. No. 180314, April 16, 2009

Bermejo v. Barrios, G.R. No. L-23614, February 27, 1970

U.S. v. Corral, G.R. No. 5325, March 3, 1910

U.S. v. Capule, G.R. No. 7447, January 2, 1913

Article 172: Falsification by Private Individuals and Use of Falsified Documents

Punishable Acts:

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;

Elements: (Pub-FaP)

a. The offender is a private individual or a public officer or employee who did not take
advantage of his official position

b. That he committed any of these acts of falsification enumerated in Article 171

paragraphs 1 to 6

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

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 falsification enumerated
in the next preceding article;

Elements: (FaPrid)

a. That the offender committed any of these acts of falsification enumerated in Article
171 paragraphs 1 to 6

b. That the falsification was committed in any private document

c. The falsification causes damage to a 3rd party or at least the falsification was
committed with the intent to cause such damage.

3. Any person, who shall knowingly introduce in evidence in any judicial proceeding
or to the damage of another or who, with the intent to cause such damage, shall use any of
the false documents embraced in the next preceding article or in any of the foregoing
subdivisions of this article.

NOTE:

A public document is 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.

An official document is a document which was issued by a public official in the exercise of
the function of his office.

Commercial document is any document defined and regulated by the Code of commerce or
any other commercial laws. Likewise, they are those used by merchants or business person
to promote or facilitate trade or credit transactions.

A private document is a deed or an 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 is proved, evidence, or set forth.

Suggested Readings:

U.S. v. Asensi, G.R. No. 11165, August 15, 1916

Malabanan v. Sandiganbayan, G.R. No. 186329, August 2, 2017

Goma v. Court of Appeals, G.R. No. 168437, January 8, 2009

U.S. v. Orera, G.R. No. 3810, October 18, 1907

U.S. v. Paraiso, G.R. No. 106, February 14, 1902Article 167: Counterfeiting, Importing and
Uttering Instruments Not Payable To Bearer

Elements: (PIC)

1. Any instrument payable to order or other document of credit not payable to bearer;
2. The offender either forged, imported, uttered such instrument;
3. In case of uttering, he connived with the importer.

NOTE:

The person who utter should not be the forger, otherwise, the connivance is not really required,
for he can be held liable as a forger of the instrument.

Reason for Punishing Forgery

Forgery of currency is punished so as to maintain the integrity of the currency and thus insure the
credit standing of the government and prevent the imposition on the public and the government
of worthless notes or obligations.

Suggested Readings:

Del Rosario v. People, 113 Phil. 626

People v. Orqueza, 14 C.A. Rep. 730

People v. Galano, C.A., 54 O.G. 5897

People v. Esteban, et al., C.A., 55 O.G. 3510

People v. Loteyro, C.A., 50 O.G. 632

Article 168: Illegal Possession and Use of False Treasury or Bank Notes and Other
Instruments of Credit
Elements: (TB-KUP)

1. Treasury or bank note or certificate or other obligation and securities payable to bearer or
any instrument payable to order or other document of credit not payable to bearer is
forged or falsified by another;
2. The offender knows that any of these instruments is forged or falsified; and
3. He performs any of these acts:
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use, any of the forged or falsified documents

NOTE:

Mere possession of false treasury or bank notes alone is not punishable. For it to constitute
offense, one must knowingly possess said false treasury or bank notes with intent to use the
same. The accused must have knowledge of the forged character of the note. Also, a person in
possession of falsified document and makes use of the same is presumed to be material author of
the falsification.

Suggested Readings

People v. Digoro, G.R. No. L-22032, March 4, 1966

U.S. v. De Leon, G.R. No. 1934, April 29, 1905

People v. Sendaydiego, G.R. No. L-33252, January 20, 1978

People v. Barraquia, 76 Phil. 490

People v. Quinto, 60 Phil. 351

Article 169: How Forgery Is Committed

Elements: (GA)

1. Giving to a treasury or bank note or any instrument payable to bearer or to order the
appearance of a true and genuine document; or
2. Erasing, substituting, counterfeiting, or altering by any means the figures, letters, words,
or signatures contained therein.
NOTE:

Forgery cannot be presumed. It must be proved by clear, positive and convincing, evidence and
the burden of proof lies on the party alleging the forgery. A forged signature is wholly
inoperative. Forgery includes falsification and counterfeiting. Also, P.D. No. 247 penalizes
defacement, mutilation, tearing, burning, or destroying of Central Bank notes and coins.

Suggested Readings:

JN Development Corporation v. Philippine Export and Foreign Loan Guarantee Corporation,

G.R. No. 151060, August 31, 2005

MWSS v. C.A., G.R. No. L-62943, July 14, 1986

People v. Galano, C.A., 54 O.G. 5899

People v. Orqueza, 14 C.A. Rep. 730

U.S. Solito, 36 Phil. 785

R.A. No. 9194 (Anti-money Laundering Act)

Article 170: Falsification of Legislative Documents

Elements: (BAPA)

1. There be a bill, resolution or ordinance enacted or approved or pending approval by

either the House of legislature or any provincial board or municipal council;
2. The offender alters the same;
3. He has no proper authority therefore; and
4. The alteration changed the meaning of the document