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Falsification By Public Officer, Employee Or Notary Or Ecclesiastical Minister

ART 171.

ELEMENTS:
1. That the offender is a public officer, employee, or notary public.
2. That he takes advantage of his official position.
    a. He has the duty to make or to prepare or otherwise to intervene in the preparation
       of the document; or
    b. He has the official custody of the document which he falsifies
3. That 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 authenticated form a document 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.
    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, the act of falsification is committed
   wit respect to any record or document of such character that its falsification may
   affect the civil status of persons.

PERSONS WHO MAY BE HELD LIABLE
1. Public officer, employee, or notary public who takes advantage of his official position
2. Ecclesiastical minister if the act of falsification may affect the civil status of
   persons
3. Private individual, if in conspiracy with public officer

ACTS OF FALSIFICATION
a. Counterfeiting or imitating any handwriting, signature or rubric.

   COUNTERFEITING
   ELEMENTS:
    1) That there be an intent to imitate, or an attempt to imitate; and
    2) That the two signatures or hand writings, the genuine and the forged, bear some    
       resemblance, to each other.

   - Lack of similitude/imitation of genuine signature will not be a ground for conviction
     under par. 1 but such is not an impediment to conviction under par. 2.

b. Causing it to appear that persons have participated in an act or a proceeding
   1. That the offender caused it to appear in a document that a person or persons
       participated in an act or a proceeding
   2. That such person did not in fact participate in the act or proceeding

c. Attributing to persons who have participated in any act or proceeding statements
   other than those in fact made by them.
   1. That a person or persons participated in an act or a proceeding
   2. That such person or persons made statements in that act or proceeding; and
   3. That the offender, in making a document, attributed to such person
       or persons statements other than those in fact made by such person or persons

d. Making untruthful statements in a narration of facts.

   ELEMENTS:
    1. That the offender makes in a document statements in a narration of facts
    2. That he has a legal obligation to disclose the truth of the facts narrated by him
    3. That the facts narrated by the offender are absolutely false;
    4. That the perversion of truth in the narration of facts was made with the
        wrongful intent of injuring a third person

There must be a narration of facts, not a conclusion of law. Narration must be on a
material matter.

The person making the narration of facts must be aware of the falsity of the facts
narrated by him. This kind of falsification may be committed by omission.

Legal obligation means that there is a law requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates

Enemecio v. Office of the Ombudsman, GR 146731, 1/13/04
   As the Ombudsman correctly pointed out,  Enemecio failed to point to any law imposing
   upon Bernante the legal obligation to disclose where he was going to spend his leave of
   absence. “Legal obligation” means that there is a law requiring the disclosure of the
   truth of the facts narrated. Bernante may not be convicted of the crime of falsification
   of public document by making false statements in a narration of facts absent any legal
   obligation to disclose where he would spend his vacation leave and forced leave.

e. Altering true dates.
    - Date must be essential
    -  Alteration must affect veracity of document or effects

f. Making any alteration or intercalation in a genuine document which changes its meaning.

    ELEMENTS:
    1. That there be an alteration (change) or intercalation (insertion) on a document
    2. That it was made on a genuine document
    3. That the alteration or intercalation has changed the meaning of a document
    4. That the change made the document  speak something false

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 copy a statement contrary
    to, or different from, that of the genuine original.
     - If no knowledge - falsification through negligence

h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
    registry or official book.
    - This involves a genuine document
    -  There is no crime of attempted or frustrated falsification of public document.
    -  If offender does not take advantage of his public position, he may still be
       liable for falsification of documents by a private person under Art. 172.
    -  It is not necessary that what is falsified is a genuine or real document. It is
       enough that it gives an appearance of a genuine article.

DOCUMENT - any written statement by which a right is established or an obligation is
         extinguished

COUNTERFEITING – intent or attempt to imitate

FEIGNING - to represent by false appearance when no original exists

A check is not yet a document when it is not completed yet. If somebody writes
on it, he makes a document out of it.

There are four kinds of documents:
(1)Public document in the execution of which, a person in authority or notary public
   has taken part;
(2)Official document in the execution of which a public official takes part;
(3)Commercial document or any document recognized by the Code of Commerce or any commercial
   law; and
(4)Private document in the execution of which only private individuals take part.

To become an official document, there must be a law which requires a public
officer to issue or to render such document.

The element of damage is not necessary because it is the interest of the community
which is intended to be guaranteed. The character of the offender and his faithfulness
to his duty is the mainly taken into consideration

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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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