CRIM2 FORGEONWARSD

Question 1

What are the crimes called forgeries?

Answer 1

They are:
1. Forging the seal of the Government, signature or stamp of the Chief
Executive. (Art. 161)
2. Counterfeiting coins. (Art. 163)
3. Mutilation of coins. (Art. 164)
4. Forging treasury or bank notes or other documents payable to bearer.
(Art. 166)
5. Counterfeiting instruments not payable to bearer. (Art. 167)
6. Falsification of legislative documents. (Art. 170)
7. Falsification by public officer, employee or notary or ecclesiastical
minister. (Art. 171)
8. Falsification by private individuals. (Art. 172)
9. Falsification of wireless, cable, telegraph and telephone messages.
(Art. 173)
10. Falsification of medical certificates, certificates of merit or service.
(Art. 174)

Question 2

Article 159. Other cases of evasion of service of sentence.

Answer 2

The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

Question 3

Article 159. Nature of conditional pardon

Answer 3

— it is a contract.
A conditional pardon is a contract between the Chief Executive, who
grants the pardon, and the convict, who accepts it. Since it is a contract,
the pardoned convict is bound to fulfill its conditions and accept all its
consequences, not as he chooses, but according to its strict terms. (People
vs. Pontillas, 65 Phil. 659)

Question 4

Article 159. Elements of the offense of violation of conditional pardon.

Answer 4

1. That the offender was a convict.
2. That he was granted a conditional pardon by the Chief Executive.
3. That he violated any of the conditions of such pardon.

Question 5

Article 159. Two penalties are provided for in this article.

Answer 5

a. Prision correccional in its minimum period — if the penalty remitted
does not exceed 6 years.

b. The unexpired portion of his original sentence — if the penalty
remitted is higher than 6 years.

Question 6

Offender must be found guilty of subsequent offense before he
can be prosecuted under Art. 159.

Answer 6

The phrase in the condition that the offender “shall not again commit
another crime” does not mean merely being charged with an offense. It is
necessary that he be found guilty of the offense.
A convict granted conditional pardon, like the petitioner herein who is
recommitted, must of course be convicted by final judgment of a court of the
subsequent crime or crimes with which he was charged before the criminal
penalty for such subsequent offense(s) can be imposed upon him. Again, since
Article 159 of the Revised Penal Code defines a distinct, substantive, felony,
the parolee or convict who is regarded as having violated the provisions
thereof must be charged, prosecuted and convicted by final judgment before
he can be made to suffer the penalty prescribed in Article 159. (Torres vs.
Gonzales, 152 SCRA 272)

Question 7

Article 160. Commission of another crime during service of penalty imposed for another offense; Penalty.

Answer 7

Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.

Question 8

Art. 160 provides for the so-called quasi-recidivism.

Answer 8

Quasi-recidivism is a special aggravating circumstance where a
person, after having been convicted by final judgment, shall commit a new
felony before beginning to serve such sentence, or while serving the same.
He shall be punished by the maximum period of the penalty prescribed by
law for the new felony.

Question 10

Article 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive.

Answer 10

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.

Question 11

Violation of conditional pardon distinguished from evasion of
service of sentence by escaping.

Answer 11

Violation of conditional pardon does not cause harm or injury to the
right of other person nor does it disturb the public order; it is merely an
infringement of the terms stipulated in the contract between the Chief
Executive and the criminal.

Evasion of the service of the sentence is an attempt at least to evade the
penalty inflicted by the courts upon criminals and thus defeat the purpose
of the law of either reforming or punishing them for having disturbed the
public order. (Alvarez vs. Director of Prisons, 80 Phil. 43)
184

Question 12

Article 161. Acts punished

Answer 12

Acts punished:
1. Forging the Great Seal of the Government of the Philippines.
2. Forging the signature of the President.
3. Forging the stamp of the President.

Question 13

Article 162. Using forged signature or counterfeit seal or stamp.

Answer 13

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.

Question 14

Article 162. Elements

Answer 14

Elements:
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 counterfeit seal or forged signature or stamp.

Question 15

Article 162. Differences

Answer 15

The offender under this article should not be the forger.
The offender should not be the one who forged the great seal or signature
of the Chief Executive. Otherwise, he will be penalized under Art. 161.
The act is that of an accessory but the penalty is only one degree
lower.
In using forged signature or stamp of the Chief Executive, or forged
seal, the participation of the offender is in effect that of an accessory, and
although the general rule is that he should be punished by a penalty two
degrees lower, under Art. 162 he is punished by a penalty only one degree
lower.

Question 16

What are the crimes under counterfeiting coins?
They are:

Answer 16

What are the crimes under counterfeiting coins?
They are:
1. Making and importing and uttering false coins (Art. 163
2. Mutilation of coins — importation and utterance of mutilated
coins (Art. 164); and
3. Selling of false or mutilated coin, without connivance. ‘Art.
165)

Question 17

Article 163. Making and importing and uttering false coins.

Answer 17

Any person who makes, imports, or utters false coins, in connivance with counterfeiters, or importers, shall suffer:

1. Prisión correccional in its minimum and medium periods and a fine not to exceed Four hundred thousand pesos (P400,000), if the counterfeited coins be any of the coinage of the Philippines.
2. Prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (P200,000), if the counterfeited coin be currency of a foreign country.

(As amended by R.A. No. 4202, approved June 19, 1965, Republic Act No. 10951, [August 29, 2017]).

Question 18

Article 163. Elements:

Answer 18

1. That there be false or counterfeited coins.
2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connived
   with the counterfeiters or importers.

Question 19

Article 163. When is a coin false or counterfeited?

Answer 19

When is a coin false or counterfeited?
A coin is false or counterfeited, if it is forged or if it is not authorized by
the Government as legal tender, regardless of its intrinsic value.
Counterfeiting means the imitation of a legal or genuine coin. It may
contain more silver than the ordinary coin.
There is counterfeiting when a spurious coin is made. There must be
an imitation of the peculiar design of a genuine coin. (U.S. vs. Basco, 6 Phil.
110)
Thus, if a person gave a copper cent the appearance of a silver piece,
it being silver plated, and attempted to pay with it a package of cigarettes
which he bought at a store, such person is not liable for counterfeiting of
coin, but for estafa under Art. 318. The coin in question is a genuine copper
cent, bearing its original design and inscription.

Question 20

Article 163. “Import,” its meaning.

Answer 20

To import fake coins means to bring them into port. The importation
is complete before entry at the Customs House. (U.S. vs. Lyman, 26 Fed.
Cas. 1024)

Question 21

Article 163. “Utter,” its meaning

Answer 21

“Utter,” its meaning.
To utter is to pass counterfeited coins. It includes their delivery or
the act of giving them away. A counterfeited coin is uttered when it is paid,
when the offender is caught counting the counterfeited coins preparatory to
the act of delivering them, even though the utterer may not obtain the gain
he intended. (Decisions of the Supreme Court of Spain of Jan. 11,1913; Jan.
4, 1893; Nov. 12, 1888; and Dec. 24, 1885) Hence, damage to another is not
necessary.

Question 22

What are the minor coins?
Under Art. 163

Answer 22

as amended, the minor coins of the Philippines are
the coins below ten-centavo denomination.

Question 23

Former coins withdrawn from circulation may be counterfeited
under Article 163.

Answer 23

Thus, a goldsmith accused of counterfeiting for making five-dollar, tendollar,
and twenty-dollar U.S. gold coins which had been withdrawn from
circulation under the Gold Reserve Act of 1934, is liable under paragraph 3
of Article 163 of this Code.
The reason for punishing the fabrication of a coin withdrawn from
circulation is not alone the harm that may be caused to the public in case
it goes into circulation again, but the possibility that the counterfeiter may
later apply his trade to the making of coins in actual circulation. (People vs.
Kong Leon, C.A., 48 O.G. 664)
Article 163 of the Revised Penal Code penalizes the making, importing
and uttering of false coins whether of the United States, of the Philippines
or of a foreign country, because it is intended to protect not only the coins
legally minted in said countries, but also the public in general. The legislator
has taken into consideration the bad effect of the crime of counterfeiting of
coins, its importing and uttering. (People vs. Tin Ching Ting [Unrep.], 90
Phil. 870)
Note: Paragraphs 1 and 2 of Art. 163 mention “coin,” without any
qualifying word, such as “current.”
As regards paragraph 3, which says: “if the counterfeited coin be
currency of a foreign country,” the use of the word “currency” is not correct,
because the Spanish text uses the word “moneda” which embraces not only
those that are legal tender, but also those out of circulation.

Question 24

Article 164. Mutilation of coins; Importation and utterance of mutilated coins.

Answer 24

The penalty of prisión correccional in its minimum period and a fine not to exceed Four hundred thousand pesos (P400,000)shall be imposed upon any person who shall mutilate coins of the legal currency of the Philippines or import or utter mutilated current coins, or in connivance with mutilators or importers. (as amended by Republic Act No. 10951, [August 29, 2017])

Question 25

Acts punished under Art. 164:

Answer 25

1. Mutilating 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.

Question 26

Meaning of mutilation.

Answer 26

“Mutilation” means to take off part of the metal either by filing it or
substituting it for another metal of inferior quality.
Mutilation is to diminish by ingenuous means the metal in the coin.
One who mutilates a coin does not do so for the sake of mutilating, but to
take advantage of the metal abstracted; he appropriates a part of the metal
of the coin. Hence, the coin diminishes in intrinsic value. One who utters
said mutilated coin receives its legal value, much more than its intrinsic
value. (People vs. Tin Ching Ting, G.R. No. L-4620, Jan. 30,1952)

Question 27

The coin must be of “??????” in mutilation.

Answer 27

legal tender

A reading of the provisions under this chapter will reveal that only in
this article does the law require “legal tender” as an element of the offense
in the case of mutilation. Note the phrases “coins of the legal currency” and
“current coins” used in the law.
It is indispensable that the mutilated coin be of legal tender. (People
vs. Tin Ching Ting, supra)

Question 28

Coins of foreign country not included?

Answer 28

Yes, The coin mutilated must be genuine and has not been withdrawn
from circulation. The coin must be of the legal currency or current coins of
the Philippines. Therefore, if the coin mutilated is legal tender of a foreign
country, it is not a crime of mutilation under the Revised Penal Code.

Question 29

Article 165. Selling of false or mutilated coin, without connivance.

Answer 29

The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one 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 and securities.

Question 30

Acts punished under Art. 165:

Answer 30

1. Possession of coin, counterfeited or mutilated by another person, with
   intent to utter the same, knowing that it is false or mutilated.
   Elements:
   a. Possession,
   b. With intent to utter, and
   c. Knowledge.
2. Actually uttering such false or mutilated coin, knowing the same to be
   false or mutilated.
   Elements:
   a. Actually uttering, and
   b. Knowledge.