On Criminal Law
Mutilation of CoinsART.164.
This has been repealed by PD 247.
ACTS PUNISHABLE (PD 247):
1. willful defacement
5. destruction of Central Bank notes and coins
Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality, to diminish by ingenious means the metal in the coin.
Foreign notes and coins not included under this article. Mutilation must be of Philippine legal tender.
There must be intention to mutilate.
The first acts of falsification or falsity are
In so far as coins in circulation are concerned, there are two crimes that may be committed:
- Counterfeiting coins
- Mutilation of coins
Requisites of mutilation under the Revised Penal Code
(1) Coin mutilated is of legal tender;
(2) Offender gains from the precious metal dust abstracted from the coin;
(3) It has to be a coin.
The coin mutilated should be of legal tender and only of the Philippines.
There is no expertise involved here.
The offender must deliberately reduce the precious metal in the coin.
Deliberate intent arises only when the offender collects the precious metal dust from the mutilated coin.
If the offender does not collect such dust, intent to mutilate is absent, but Presidential Decree No. 247 will apply.
Presidential Decree No. 247