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Falsification By Private Individuals And Use Of Falsified Instruments

falsification of documents
Falsification



Falsification by Private Individuals and
Use of Falsified Instruments








Elements of Falsification of Public, Official, or 
Commercial Document By A Private Individual (par 1):
1. That the offender is a private individual or a public officer or employee who
    did not take advantage of his official position;
2. That he committed any of the acts of falsification enumerated in ART. 171;
3. That the falsification was committed in any public or official or
    commercial document.

Under this paragraph, damage is not essential, it is presumed.

Lack of malice or criminal intent may be put up as a defense under this article.

The following writings are public:
a. written official acts or records of acts of the sovereign authority, official bodies
    and tribunals, and of the public officers, legislative, judicial and executive,
   whether of the Philippines or of a foreign country;
b. Documents acknowledged before notary public except last wills and testaments;
c. Public records, kept in the Philippines, of private documents required by law to be
   entered therein.

Commercial documents: warehouse receipts, airway bills, bank checks,
cash files, deposit slips and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable instruments.

Cash disbursement vouchers or receipts evidencing payments are not
commercial documents.

A mere blank form of an official document is not in itself a document.

The possessor of falsified document is presumed to be the author of
the falsification.

Issuing in authenticated form a document(art. 171(7)) 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 - can be committed only by a public officer or
notary public who takes advantage of his official position since the
authentication can be made only by the custodian or the one who prepared
and retained a copy of the original document.

Elements of Falsification of Private Document
1. That the offender committed any of the acts of falsification, except
    those in paragraph 7 and 8, enumerated in art. 171;
2. That the falsification was committed in any private document; and
3. That the falsification caused damage to a third party or at least the
    falsification was committed with intent to cause such damage

   -  It is not necessary that the offender profited or hoped to profit

A document falsified as a necessary means to commit another crime (complex crime)
must be public, official or commercial. Hence, there is no complex crime of estafa
through falsification of private document because the  immediate effect of the latter
is the same as that of estafa.

There is no falsification through reckless imprudence if the document is private and no
actual damage is caused.

If the estafa was already consummated at the time the falsification of a private document
was committed for the purpose of concealing the estafa, the falsification is not punishable.
As regards the falsification of the private document, there was no damage or intent to
cause damage.

A private document may acquire the character of a public document
when it becomes part of an official record and is certified by a public
officer duly authorized by law.

The crime is falsification of public documents even if the falsification
took place before the private document became part of the public records.

Elements of Use of Falsified Document (par. 3, art. 172):
Introducing in a judicial proceeding
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions
    nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding.

Use in any other transaction
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any of subdivision
    nos. 1 and 2 of art. 172.
3. That he used such documents (not in judicial proceedings).
4. That the use of the documents caused damage to another or at least
    was used with intent to cause such damage

The user of the falsified document is deemed the author of the falsification, if:
1. The use was so closely connected in time with the falsification, and
2. The user had the capacity of falsifying the document.

Falsification Of Private Documents - Damage to third party is an element of the
offense.

Falsification Of Public/Official Documents - Damage to third persons is immaterial.
what is punished is the violation of public faith and perversion of truth which the
document proclaims.

People vs. Manansala, 105 Phil 1253
The possessor of a falsified document is presumed to be the author of the
falsification

People vs. Sendaydiego, 82 SCRA 120
The presumption also holds if the use was so closely connected in time with
the falsification and the user had the capacity of falsifying the document

There is no crime of estafa through falsification of a private document.
   - Both crimes require the element of damage which each of the two should
     have its own.
   - The fraudulent gain obtained through deceit should not be the very
     same damage caused by the falsification of the private document.

Since damage is not an element of falsification of a public document, it
could be complexed with estafa as a necessary means to commit the latter

There can be falsification of public document through reckless imprudence
but there is no crime of falsification of private document through
negligence or imprudence.

If the document is intended by law to be part of the public or official record,
the falsification, although it was private at the time of falsification, is
regarded as falsification of a public or official document.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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