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How Forgery is Committed?

ART.169. 

How forgery is committed. - The forgery referred to in this section may be committed by any of the following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

If all acts are done but genuine appearance is not given, the crime is frustrated.

P.D. No. 247 punishes the willful defacement, mutilation, tearing, burning, or destruction in any manner of currency notes or coins issued by the Central Bank of the Philippines.

For possession of false treasury or bank note to constitute a criminal offense, it must be with intent to use.

The essence of forgery is giving a document the appearance of a true and genuine document. Not any alteration of a letter, number, figure or design would amount to forgery. At most, it would only be frustrated forgery.

People vs. Galano, 3 SCRA 650
It was held that forgery can be committed through the use of genuine paper bills that have been withdrawn from circulation, by giving them the appearance of some other true and genuine document.
However, the dissenting opinion stated that the provision only embraces situations in which spurious, false or fake documents are given the appearance of a true and genuine document.

Bar Exam Question (1999)

Forgery & Falsification (1999)

How are "forging" and "falsification" committed? 

Suggested Answer:

FORGING or forgery 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; or by erasing, substituting, counterfeiting, or altering by any means the figures, letters, words or signs contained therein.

FALSIFICATION, on the other hand, is committed by:
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. 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; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.