Crimes against Public Interest Flashcards
When in a government document, the signature of the president is forged… what is the crime?
Not falsification, but forging the signature of the Chief Executive
When Chief Executive left his secretary a signature in blank, and a document is written above it, what crime is committed?
Falsification by a public official or private individual, NOT forging signature of Chief Executive
Coin
piece of metal stamped with certain marks and made current at a certain value
False or Counterfeited coin
if it is FORGED or if it is NOT AUTHORIZED by the Govt AS LEGAL TENDER, regardless of its intrinsic value
Counterfeiting
IMITATION of a legal or GENUINE coin; may contain more silver than ordinary coin
imitation of the PECULIAR DESIGN of a GENUINE COIN
Import
to bring them into port; importation is complete BEFORE entry at Customs House
To utter
to PASS counterfeited coins; includes their DELIVERY or ACT OF GIVING THEM AWAY
DAMAGE to another is NOT NECESSARY
there must be NO CONSIDERATION
A 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 utterer may not obtain the gain he intended
Kinds of coins the counterfeiting of which is punished
1) silver coin of PH or coin of BSP (10 centavo above)
2) coin of minor coinage of PH or BSP (below 10 centavo)
3) coin of the currency of a foreign country (not only legal tender but also OUT OF CIRCULATION)
Mutilation
to take off part of the metal either by filing it or substituting it for another metal of inferior quality
to DIMINISH by ingenuous means the METAL IN THE COIN (diminishes intrinsic value_
takes advantage of the metal abstracted
Possession of or uttering false coin does not require that the counterfeited coin is legal tender, but if coin being uttered or possess with intent to utter is MUTILATED coin,
it must be legal tender coin;
possession = including constructive
obligation or security
BCNC
TFC
BCDO
1) bonds
2) certificate of indebtedness
3) national bank notes – money bills issued by BSP
4) coupons
5) PH notes
6) treasury notes
7) fractional notes
8) certificates of deposit
9) bills
10) checks
11) drafts for money
12) other representatives of value of whatever denomination which may/have been issued under any act of Congress
Forging
committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of true and genuine document
Falsification
committed by erasing, substituting, counterfeiting or altering by any means, the figures, letters, words, signs contained
Forging v Falsificaion
Forge = to make it appear that a false instrument by is genuine by giving it appearance of a genuine one
Falsify = erasing, altering
Importation of false or forged obligations or notes
obligations or notes are forged/falsified in FOREIGN country and brought to PH
Uttering false/forged O/N
OFFERING O/N knowing them to be false, whether such offer is ACCEPTED OR NOT, with a representation, by words or actions, that they are genuine and with an intent to defraud
**if uttering, MUST BE IN CONNIVANCE
Notes that may be falsified under Forging notes
1) treasury or bank notes
2) certificates
3) other obligations and securities, payable to BEARER
Payable to bearer
ownership is transferred to another by mere delivery to him of such bill
When is an instrument payable to bearer?
EBFDI
1) expressed to be so payable
2) payable to a person named there or bearer
3) payable to order of a FICTITIOUS or NON-EXISTING PERSON and such fact was known to person making it so payable
4) name of the payee DOES NOT PURPORT to be NAME OF ANY PERSON
5) when the ONLY or LAST INDORSEMENT is an INDORSEMENT IN BLANK
Why higher penalty for forging notes than coins?
Because easier to forge and produces lack of confidence on holders of document
PNB checks are COMMERCIAL documents, not covered by forging treasury or bank notes
PNB checks are COMMERCIAL documents, not covered by forging treasury or bank notes
Payable to order
where it is drawn payable to the order of a specified person or to him or his order;
negotiated by indorsement and delivery
Presumption for person in possession of falsified document and who makes use of same
Presumed to be the MATERIAL AUTHOR of falsification, especially if SO CLOSELY CONNECTED IN TIME WITH THE FORGERY, or he has CAPACITY or have CLOSE CONNECTION with forgers
No impossible crime of illegal possession of false treasury notes because…
impossible crimes should be an offense against PERSONS or PROPERTY
Forging or falsification of treasury notes is NEITHER an offense against persons nor property
How is forgery committed?
1) by giving to a treasury or bank note or any instrument payable to bearer or to order the APPEARANCE OF A TRUE AND GENUINE DOCUMENT (forging)
2) by ERASING, substituting, counterfeiting, altering by any means the figures, letters, words or sign contained (falsification)
Document
**written statement where a RIGHT is established or an OBLIGATION extinguished;
where a FACT may be PROVEN; of apparent LEGAL EFFICACY
note: drafts, pamphlets are not included
Feigning
there is NO ORIGINAL SIGNATURE; to IMAGINE
ex: signature of mickey mouse, person who does not know how to write
legal obligation
there is a law requiring the disclosure of truth of facts narrated
legal obligation to disclose truth is inherent in?
residence certificate
one’s consent to a contract was obtained by means of violence…
does not make the facts narrated therein false
is there falsification by omission?
yessss!
in falsification by public officer
intent to gain is NOT NECESSARY, for it is the OFFICIAL CHARACTER which is mainly taken into consideration
Public document
document created, executed or issued by a PUBLIC OFFICIAL in response to the EXIGENCIES OF PUBLIC SERVICE
instrument authorized by a NOTARY PUBLIC or COMPETENT public official with the SOLEMNITIES required by law
examples: all pleadings filed with the court are public / official documents
Official document
document which is ISSUED BY A PUBLIC OFFICIAL in the EXERCISE of the FUNCTIONS of his office
examples: form where record and information of its officers are kept, receipt issued by government upon receipt of money for public purposes
Private document
instrument executed by a private person WITHOUT THE INTERVENTION OF A NOTARY PUBLIC or other person legally authorized by which some AGREEMENT IS PROVED
example: theater ticket, CASH DISBURSEMENT VOUCHER or receipts evidencing payment to borrowers of loan
Commercial document
any document defined and regulated by the Code of Commerce or any other commercial law
instruments used by merchants or businessmen to promote or facilitate trade
CASH DISBURSEMENT VOUCHERS ARE NOT COMMERCIAL DOCUMENTS!!!!! (or receipts evidencing payment to borrowers of loan are NOT NEGOTIABLE instruments and are PRIVATE DOCUMENTS only
examples: letters of exchange, letters of credit, checks, in general, ANY NEGOTIABLE INSTRUMENT, warehouse receipts, bank statements, deposit slips, journal books, ledgers
General Rule: Possessor of falsified document is presumed to be author of falsification
Exception: it was his official duty
example of falsification of private document with no damage or intent to cause damage
just wanted to prove I can copy your handwriting
Falsification as a necessary means to commit other crimes (complex crime proper)
what type of complex crime???
must be a PUBLIC, OFFICIAL or COMMERCIAL document, because damage caused by estafa became element of crime of falsification of private document; the immediate effect of falsification of private document is the same as that of estafa
In credit card and cash advance, is falsification a necessary means to commit other crimes?
CREDIT CARD
necessary
CASH ADVANCE
not necessary, crime committed is estafa AND falsification
if the private document is falsified to conceal the estafa (or estafa was already consummated at the time of falsification)…
falsification is NOT PUNISHABLE because as regards the falsification of private document, there was no damage as the limited damage resulted from the commission of ESTAFA, not the falsification
falsification through reckless imprudence — when applicable?
applicable only to PUBLIC/COMMERCIAL/OFFICIAL
not applicable to PRIVATE because there was not intent to cause damage / damage
When is a private document considered public document?
when it is intended by law to be part of public or official record, preparation of which was in accordance with rules and regulations of govt
test: WHAT IS THE ULTIMATE USE
generally, falsification has NO ATTEMPTED / FRUSTRATED stage
there can be if falsification is imperfect
user of falsified document is deemed the author if:
1) use was SO CLOSELY CONNECTED in time with falsification
2) user had the CAPACITY OF FALSIFYING the document
certificate
any writing by which testimony is given that a fact has or has not taken place
false testimony
any person who, being under oath and required to testify as to truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it
3 types of false testimony
1) in criminal cases
2) in civil cases
3) in other cases (upon material matters)
material v relevant v pertinent
Material = to prove a fact Relevant = establish probability or improbability Pertinent = concerns collateral matters which make more or less probable the proposition at issue
oath
attestation by which person signifies that he is bound by conscience to perform an act faithfully and truthfully
affidavit
sworn statement in writing
