TITLE IV Flashcards
Article 161
Counterfeiting the Great Seal of the
Government of the Philippine Islands,
Forging the Signature or Stamp of the Chief
Executive
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.
Article 162
Using Forged Signature or Counterfeit Seal
or Stamp
Elements
1. The great seal of the Republic was counterfeited or the
signature or stamp of the Chief Executive was forged by
another person;
2. Offender knew of the counterfeiting or forgery;
3. He used the counterfeit seal or forged signature or stamp.
Offender under this article should not be the forger.
Article 163
Making and Importing and Uttering False
Coins
Elements
1. There be false or counterfeited coins;
2. Offender either made, imported or uttered such coins;
3. In case of uttering such false or counterfeited
Kinds of coins the counterfeiting of which is punished
- Silver coins of the Philippines or coins of the Central Bank of
the Philippines; - Coins of the minor coinage of the Philippines or of the
Central Bank of the Philippines; - Coin of the currency of a foreign country
Article 165
Selling of False or Mutilated Coin, without
Connivance
Acts punished
1. Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is false
or mutilated;
Elements
1. Possession;
2. With intent to utter; and
3. Knowledge.
2. Actually uttering such false or mutilated coin, knowing the
same to be false or mutilated.
Elements
1. Actually uttering; and
2. Knowledge.
Article 164
Mutilation of Coins
Acts punished
1. Mutilating coins of the legal currency, with the further
requirements 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 connivances with the
mutilator or importer in case of uttering
Requisites of mutilation under the Revised Penal Code
a. Coin mutilated is of legal tender;
b. Offender gains from the precious metal dust abstracted
from the coin; and
c. It has to be a coin.
Article 167
Counterfeiting, Importing, and Uttering
Instruments Not Payable to Bearer
Elements
1. There is an instrument payable to order or other
documents of credit not payable to bearer;
2. Offender either forged, imported or uttered such
instrument;
3. In case of uttering, he connived with the forger or importer
Article 166
Forging Treasury or Bank Notes or Other
Documents Payable to Bearer; Importing
and Uttering Such False or Forged Notes
and Documents
Acts punished
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer;
2. Importation of such false or forged obligations or notes;
3. Uttering of such false or forged obligations or notes in
connivance with the forgers or importers.
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; or
h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official book.
4. In case the offender is an ecclesiastical minister who shall
commit any of the offenses enumerated, with respect to
any record or document of such character that its
falsification may affect the civil status of persons.
Article 172
Falsification by Private Individual and Use of
Falsified Documents
Acts punished
1. Falsification of public, official or commercial document by a
private individual;
2. Falsification of private document by any person;
3. Use of falsified document.
Elements under paragraph 1
1. Offender is a private individual or public officer or employee
who did not take advantage of his official position;
3. He committed any act of falsification;
3. The falsification was committed in a public, official, or
commercial document or letter of exchange.
Elements under paragraph 2
1. Offender committed any of the acts of falsification except
Article 171(7), that is, 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;
2. Falsification was committed in any private document;
3. Falsification causes damage to a third party or at least the
falsification was committed with intent to cause such
damage.
Elements under the last paragraph
In introducing in a judicial proceeding –
1. Offender knew that the document was falsified by another
person;
2. The false document is in Articles 171 or 172 (1 or 2);
3. He introduced said document in evidence in any judicial
proceeding.
In use in any other transaction –
1. Offender knew that a document was falsified by another
person;
2. The false document is embraced in Articles 171 or 172 (1
or 2);
3. He used such document;
4. The use caused damage to another or at least used with
intent to cause damage.
Article 174
False Medical Certificates, False Certificates
of Merits or Service, Etc.
Persons liable
1. Physician or surgeon who, in connection with the practice
of his profession, issues a false certificate (it must refer to
the illness or injury of a person);
[The crime here is false medical certificate by a
physician.]
2. Public officer who issues a false certificate of merit of
service, good conduct or similar circumstances;
[The crime here is false certificate of merit or service by a
public officer.]
3. Private person who falsifies a certificate falling within the
classes mentioned in the two preceding subdivisions.
Article 177
Usurpation of Authority or Official Functions
Acts punished
1. Usurpation of authority;
Elements
1. Offender knowingly and falsely represents
himself;
2. As an officer, agent or representative of any
department or agency of the Philippine
government or of any foreign government.
2. Usurpation of official functions.
Elements
1. Offender performs any act;
2. Pertaining to any person in authority or public
officer of the Philippine government or any
foreign government, or any agency thereof;
3. Under pretense of official position;
4. Without being lawfully entitled to do so.
Article 180
False Testimony against A Defendant
Elements
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the defendant
therein;
3. Offender who gives false testimony knows that it is false.
4. Defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment.
Article 181
False Testimony Favorable to the Defendant
Elements
1. A person gives false testimony;
2. In favor of the defendant;
3. In a criminal case.
Article 183
False Testimony in Other Cases and Perjury
in Solemn Affirmation
Acts punished
1. By falsely testifying under oath;
2. By making a false affidavit.
Elements of perjury
1. Offender makes a statement under oath or executes an
affidavit upon a material matter;
2. The statement or affidavit is made before a competent
officer, authorized to receive and administer oaths;
3. Offender makes a willful and deliberate assertion of a
falsehood in the statement or affidavit;
4. The sworn statement or affidavit containing the falsity is
required by law, that is, it is made for a legal purpose.
