Selling of False or mutilated Coin Without Connivance

ART.165.

ACTS PUNISHABLE:
1. Possession of a 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

NOTES:

Possession or uttering does not require that coins be legal tender.

Crime under this article includes constructive possession or the subjection of the
thing to ones’ control.

R.A. 427 punishes possession of silver or nickel coins in excess of P50.00. It is a
measure of national policy to protect the people from the conspiracy of those hoarding
silver or nickel coins and to preserve and maintain the economy.

The possession prohibited in this article pertains not only to physical
possession but also to constructive possession or subjection of the thing
to one’s control.

The possessor should not be the counterfeiter, mutilator, or importer of the coins

The offender need not connive with the counterfeiter or mutilator as long
as he has knowledge that the coin is false or mutilated.