Title 4 - [1/2] (161-171) Public Interest

Question 1

Art. 161

Answer 1

Counterfeiting seal of government, signature and stamp of president

Question 2

What are the acts of forgeries under art. 161?

Answer 2

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.

• If the signature of the President is forged, it is NOT falsification of public document, but forging the signature of the Chief Executive.

Question 3

Who has custody and use of the great seal?

Answer 3

The Great Seal shall be and remain in the custody of the President of the Philippines, and shall be affixed to or placed upon all commissions signed by him, and upon such other official documents and papers of the Republic of the Philippines as may by law be provided, or as may be required by custom and usage in the discretion of the President of the Philippines

Question 4

When in a state document the signature of the president is forged, will the forger be liable for falsification of public document?

Answer 4

The signature of the President must be formed.

The act punishable, among others, is counterfeiting or making an imitation of the signature of the Chief Executive on what is made to appear as an official document of the Republic of the Philippines.

Question 5

162

Answer 5

Use of Forged Signature, Counterfeit Seal or Stamp

Question 6

163

Answer 6

Making and Importing and Uttering False Coins

Question 7

move me to left

When the offender in this article (162) is the forger, what is he liable under this article?

if the offender is not the forger, what is he liable?

Answer 7

[1] - offender in 162 must not be the forger otherwise he is liable under 161 when he uses the forged signature, stamp, or seal.

In using the forged signature or stamp of the President or forged seal, the participation of the offender is in effect that of an accessory.

Although the GEN rule is that he should be punished by a penalty two (2) degrees lower, under Article 162 he is punished by a penalty only ONE degree lower.

Question 8

elements of 163

Answer 8

that there be false or Counterfeited coins

offender either made, imported, or uttered such coins

in case of uttering such false or counterfeited coins, he connived with the counterfeiter or importers

Question 9

define ‘coin

Answer 9

a piece of metal stamped with certain marks & made current at a certain value

Question 10

when is a coin false or counterfeit

Answer 10

if it is forged OR not authorized by the gov’t as legal tender (official currency recognized by gov’t for commerce) regardless of its intrinsic value

Question 11

define ‘import’ & ‘utter’

Answer 11

import means to bring them into port (seaport, airport, borders). Importation is complete before entry at the Customs House

Utter means to pass counterfeited coins. Delivery or giving them away. CC coin is uttered when it is paid, & when offender is caught counting the counterfeited coins in preparation to deliver them, EVEN THOUGH the utterer did not obtain the gain intended

Question 12

When former coins which had been withdrawn from circulation are counterfeited, will
one be liable under art. 164?

Answer 12

Yes, the reason for punishing the fabrication (falsification) 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.

• counterfeiting old 10 peso coins is still punishable even when the new 10 peso coins are the ones being used today simply because it might make the couterfeiter’s skill better.

Question 13

164

Answer 13

mutilation of coins

Question 14

acts punished?

Answer 14

1. Mutilating coins of the legal currency (official medium of exchange in a country), with the 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.

The coin must be of legal tender or current coins of the Philippines and not of a foreign country.

Question 15

Distinguish counterfeit coin from mutilated coin.

Answer 15

Mutilation is to diminish the metal in the coin.

Intent 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 than its intrinsic value which was diminished by virtue of mutilation

Question 16

Define mutilation and utterance.

Answer 16

“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.

Question 17

165

Answer 17

selling of false or mutilated coin, without connivance

Question 18

acts punished?

Answer 18

1. Possession of coin, counterfeited or mutilated by another with intent to utter the same knowing that it is false or mutilated;
   - element
   possession
   with intent to utter
   knowledge
2. Actually uttering false or mutilated coin, knowing it to be false or mutilated.
   - element
   actually uttering
   knowledge

• It does NOT require that the false coin is legal tender.
• But if the coin being uttered or possessed with intent to utter is a mutilated coin, it must be a legal tender coin.
• The possession prohibited in Article 165 is possession in general, that is, not only actual, physical possession but also constructive possession or the subjection of the thing to one’s control, otherwise offenders could easily evade the law by the mere expedient of placing other persons in actual, physical possession of the thing although retaining constructive possession or actual control thereof. (People v. Andrada)

Question 19

what is constructive possession?

Answer 19

person has control over an item or property, even if they don’t have physical custody of it at the moment. It implies that the person has the power and intention to control the item, either directly or through others, and can exercise authority over it as if they were physically holding it themselves.

Question 20

is constructive possession covered by this article?

Answer 20

Yes

Question 21

In possession of or uttering false coins, is it required that the counterfeit coin be a legal tender?

Answer 21

Possession of or uttering false coin does not require that the counterfeited coin is legal tender.

false = no legal tender
mutilated = must be legal tender

Question 22

Art 166

Answer 22

Forging Treasury or Bank Notes or Other documents Payable to Bearer and Uttering the Same

crimes against public interest[when u think of interest, you think of papers and money>chapter 1:forgery

Question 23

What are the 3 acts penalized in 166

Answer 23

1. Forging or falsification of treasury or bank notes or other documents payable to bearer;
2. Importation of the same:
   - it means to bring them into the Philippines, which presupposes that the obligations or notes are forged or falsified in a foreign country.
3. Uttering the same in connivance with forgers or importers:
   - it means offering obligations or notes knowing them to be false or forged, whether such offer is accepted or not, with a representation, by words or actions, that they are genuine and with an intent to defraud.

note
bank notes - paper currency issued by central bank or authority used as a medium of exchange
bearer - entitled to receive payment

Question 24

how are forging and falsification committed in 166?

Answer 24

• Forging is committed 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; and
• falsification is committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein (Art. 169).

Question 25

what is the meaning of ‘importation’ under this article

Answer 25

Importation of false or forged obligations or notes means to bring them into the Philippines, which presupposes that the obligations or notes are forged or falsified in a foreign country.

Question 26

what are the notes and other obligations & securities that can be forged or falsified under 166

Answer 26

offering obligations or notes knowing them to be false or forged, whether such offer is accepted or not, with a representation, by words or actions, that they are genuine and with an intent to defraud.

Question 27

What is the meaning of “obligation or security” of the Philippines?

Question 28

167

Answer 28

counterfeiting, importing and uttering instrument not payable to bearer

Question 29

Does this article cover instruments or other documents of credit issued by a foreign government or bank?

Answer 29

It is believed that it includes such instruments or documents of credit, because the act punished includes that of importing, without specifying the country or government issuing them.

If the document is payable to bearer, there is no doubt that it may be issued by a foreign government or bank. Art. 166, pars. 3 and 4, cover such documents.

Question 30

Is connivance between the forger and utterer a requisite for liability under art. 167?

Answer 30

The utterer should not be the forger. If the utterer was the one who forged the instrument payable to order, obviously connivance is not required, for he can be held liable as a forger of the instrument.

Question 31

168

Answer 31

Illegal possession and use of false treasury or bank notes and other instruments of credit

Question 32

169 “how forgery is committed “

Answer 32

1. By giving to treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document;
2. By erasing, substituting, or altering by any means the figures, letters, words or signatures contained therein. PD 247 penalizes defacement, mutilation, tearing, burning or destroying of Central Bank notes and coins. It includes falsification and counterfeiting.

Question 33

forgery distinguish from falsification
[this might come out as a stand alone question]

Answer 33

forgery, as outlined in art 169 refers to the falsification and counterfeiting of
a. treasury
b. bank notes or
c any other instruments payable to bearer or to order

while falsification refers to any of the eight (8) acts outlined in 171 on:
a. legislative
b. public, private official, commercial
c. wireless or telegraph messages

Question 34

170

Answer 34

falsification of legislative documents

Question 35

171

Answer 35

forgery by public officer, employee, or notary, or ecclesiastical minister