CERNECHEZ, KRIZZA S.

GROUP D
19 – JD – 048

CRIMINAL LAW II

TOPIC: REVISED PENAL CODE BOOK II

Title Four - CRIMES AGAINST PUBLIC INTEREST

ASSIGNED ARTICLES:

Art. 173: Falsification of wireless, cable, telegraph, and

telephone messages and use of said falsified
messages

Art. 174: False medical certificates, false certificates of merits or

service, etc. 

Art. 175: Using false certificates

Art. 176: Manufacturing and possession of instruments or

implements for falsification

Art. 177: Usurpation of authority or official functions. 

Art. 178: Using fictitious name and concealing true name

SUBBMITTED TO:
JUDGE ROBERTO P. QUIROZ
Art. 173. Falsification of wireless, cable, telegraph and telephone
messages, and use of said falsified messages. — The penalty of prision
correccional in its medium and maximum periods shall be imposed upon
any officer or employee of the Government or of any private corporation
or concern engaged in the service of sending or receiving wireless, cable
or telephone messages who utters a fictitious wireless, telegraph or
telephone message of any system or falsifies the same.
Any person who shall use such falsified dispatch to the prejudice
of a third party or with the intent of cause such prejudice, shall suffer the
penalty next lower in degree.

Punishable Acts:

1. Uttering fictitious wireless, telegraph or telephone message;

2. Falsifying wireless, telegraph or telephone message; and

Elements of par 1 & 2:

a. That the offender is an officer or employee of the Government or
an officer or employee of a private corporation, engaged in the
service of sending or receiving wireless, cable or telephone
message; and
b. That the offender commits any of the following acts:
i. Uttering fictitious wireless, cable, telegraph or telephone
message; or
ii. Falsifying wireless, cable, telegraph, or telephone
message.

3. Using such falsified message.

Elements:
a. Offender knew that wireless, cable, telegraph, or telephone
message was falsified by an officer or employee of a private
corporation, engaged in the service of sending or receiving
wireless, cable or telephone message;
b. He used such falsified dispatch; and
c. The use resulted in the prejudice of a third party or at least there
was intent to cause such prejudice

Can a private individual commit the crime of falsification of

telegraphic dispatches?
It depends. A private individual cannot commit the crime
falsification of telegraphic dispatches by direct participation, unless he is
an employee of a corporation engaged in the business of sending or
receiving wireless telegraph ormessages. But a private individual can be

2|Page
held criminally liable as principal by inducement in the falsification of
telegraph dispatches or telephone messages. If he knowingly uses
falsified telegraph, wireless or telephone messages to the prejudice of a
third person, or with intent to cause such prejudice, it is not necessary
that he be connected with such corporation

IN THE CASE OF U.S v. ROMER, 17 PHIL. 76 – The accused, a

telegraph operator, who received two telegrams for transmission,
reduced the number of words of the telegraph messages by twelve and
eight words, respectively, without having been authorized to do so by the
sender. He pocketed the differences in the prices charged in the sums of
P0.72 and P0.48, respectively
THE COURT HELD THAT: The accused was guilty of falsification
of telegraph messages.

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like

Art. 174. False medical certificates, false certificates of merits or

service, etc. — The penalties of arresto mayor in its maximum period to
prision correccional in its minimum period and a fine not to exceed
P200,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the practice
of his profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit of
service, good conduct or similar circumstances.
The penalty of arresto mayor shall be imposed upon any private
person who shall falsify a certificate falling within the classes mentioned
in the two preceding subdivisions.

Punishable Acts:
1. Issuance of false certificate by a physician or surgeon in
connection with the practice of his profession;
2. Issuance of a false certificate or merit or service, good conduct
or similar circumstances by a public officer; and

NOTE: Intent to gain is immaterial. But if the public officer issued the
false certificate in consideration of a promise, gift or reward, he will also
be liable for bribery.

3|Page
 3. Falsification by a private person of any certificate falling within 1
and 2

Certificate
Certificate is any writing by which testimony is given that a fact has
or has not taken place.

NOTE: The phrase “or similar circumstances” in Art. 174 does not seem
to cover property, because the circumstance contemplated must be
similar to “merit”, “service”, or “good conduct”.

Persons liable:
1. Physician or surgeon;
2. Public officer; or
3. Private individual who falsified a certificate falling in the classes mentioned
in nos. 1 and 2.

IN THE CASE OF U.S. v. MICHELENA, 4 PHIL. 492 – In an application

to the Civil Service Board for examination a document printed in
accordance with the form prescribed by said Board, and in that part
thereof which contained recommendations of the applicant, certificate
no. 3 appeared to be subscribed by Frank N. West, the latter having
neither subscribed it nor written the contents thereof, the same not being
correct in some respect, viz., as regards the age of party certifying and
the length of time during which he knew the candidate recommended.

IN THE CASE OF U.S. v. DELOSO, 11 PHIL 180 – A person who

falsely stated under oath that he was a resident of the town of Jimenez
for the required period of time, so as to be able to take part in the
municipal elections, was found guilty of falsification of a certificate, not of
falsification of a public document

Art. 175. Using false certificates. — The penalty of arresto menor shall

be imposed upon any one who shall knowingly use any of the false
certificates mentioned in the next preceding article.

Elements:

1. A physician or surgeon had issued a false medical certificate, or public

officer issued a false certificate of merit or service, good conduct, or
similar circumstance, or a private person had falsified any of said
certificates;

4|Page
2. Offender knew that the certificate was false; and

3. He used the same.

NOTE: When any of the false certificates mentioned in Art. 174 is used
in the judicial proceeding, Art. 172 does not apply, because the use of
false document in judicial proceeding under Art. 172 is limited to those
false documents embraced in Arts. 171 and 172; such use of the false
certificate fall under Art. 175

Section Six. — Manufacturing, importing and possession of

instruments or implements intended for the commission of
falsification.
Art. 176. Manufacturing and possession of instruments or implements
for falsification. — The penalty of prision correccional in its medium and
maximum periods and a fine not to exceed P1,000,000 pesos shall be
imposed upon any person who shall make or introduce into the
Philippine Islands any stamps, dies, marks, or other instruments or
implements intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding sections of this
Chapter. 
Any person who, with the intention of using them, shall have in his
possession any of the instruments or implements mentioned in the
preceding paragraphs, shall suffer the penalty next lower in degree than
that provided therein.
Punishable acts:

1. Making or introducing into the Philippines any stamps, dies, marks,

or other instruments, or implements, for counterfeiting, or
falsification; and
2. Possessing with intent to use the instrument or implements for
counterfeiting or falsification made in or introduced into the
Philippines by another person.

NOTE: It is not necessary that the implements confiscated form a

complete set for counterfeiting, it being enough that they may be
employed by themselves or together with other implements to commit
the crime counterfeiting or falsification.

5|Page
IN THE CASE OF U.S. v. ANGELES, 6 PHIL. 435 – A person who
manufactured a seal in imitation of the seal of Lipa, Batangas, for
making false certificates for the transfer of livestock, is guilty of making
instruments for falsification of certificates.

IN THE CASE OF PEOPLE v. MAGPALE, 70 PHIL. 177 – A person

who possessed an iron brand to be used in falsifying the official brand of
a municipality for cattle branding, is guilty of illegal possession of
instrument for falsification.

IN THE CASE OF PEOPLE v. ANDRADA, CA. 64 O.G. 5751 – Where

the sale of counterfeiting paraphernalia is made subject to the condition
that the vendor must demonstrate how counterfeiting is done, and, on
the way to the place where the demonstration is to be done, the vehicle
carrying paraphernalia is interested and its cargo is confiscated, the
vendor, although not in the vehicle, is nonetheless in constructive
possession of the articles and the same still legally subject to his control.

Chapter Two
OTHER FALSITIES
Sec. One. — Usurpation of authority, rank, title, and improper use
of names, uniforms and insignia.
Art. 177. Usurpation of authority or official functions. — Any person who
shall knowingly and falsely represent himself to be an officer, agent or
representative of any department or agency of the Philippine
Government or of any foreign government, or who, under pretense of
official position, shall perform any act pertaining to any person in
authority or public officer of the Philippine Government or any foreign
government, or any agency thereof, without being lawfully entitled to do
so, shall suffer the penalty of prision correccional in its minimum and
medium periods.

Offenses contemplated:
1. Usurpation of Authority – by knowingly and falsely representing
oneself to be an officer, agent or representative of any department
or agency of the Philippine Government or any foreign government

6|Page
NOTE: The mere act of knowingly and falsely representing oneself to be
an officer, etc. is sufficient. It is not necessary that he performs an act
pertaining to a public officer.

2. Usurpation of Official Functions– by performing any act pertaining

to any person in authority or public officer of the Philippine
Government or of a foreign government or any agency thereof,
under pretense of official position, and without being lawfully entitle
to do so.

NOTE: It is essential that the offender should have performed an act

pertaining to a person in authority or public officer, in addition to other
requirements (Reyes, 2008)

Q: A councilor refused to vacate the office of the mayor despite an

official opinion that it is the vice mayor who should discharge the
duties of the mayor during the latter’s temporary absence. He was
charged with usurpation of authority and official functions but
contending that such crime may only be committed by private
individuals. Is he correct?

A: No, violation of Art. 177 is not restricted to private individuals, public

officials may also commit this crime (People v. Hilvano, G.R. No. L-
8583, July 31, 1956)

The function or authority usurped must pertain to:

1. The government;
2. Any person in authority; and
3. Any public officer
Usurpation of the authority or functions of a diplomatic, consular or
other accredited officers of a foreign government is punishable under RA
75, in addition to the penalties provided by the Code (Regalado, 2007).

IN THE CASE OF PEOPLE v. BUENAFLOR, G.R. No. 100992-CR –

The provision does NOT apply to an occupant under color of title. This
would only apply to a usurper or one who introduces himself into an
office that is vacant, or who, without color of title, ousts the incumbent
and assumes to act as an officer by exercising some functions of the
office

IN THE CASE OF PEOPLE v. HILVANO, G.R. No. L-8583 – The

defendant declined to vacate the post, which he held for about a month,
appointing some policemen, solemnizing marriages and collecting the
corresponding salary for mayor. He was charged with usurpation of

7|Page
authority and official functions under Article 177 as it applies to “any
person” when the law does not distinguish.

IN THE CASE OF PEOPLE v. LIDRES, GR. NO. L-12495 –

Respondent Diotay was recommended by the supervising teacher to fill
up the position. He was asked to sign an agreement to take over one
position on a “50-50” basis. Diotay refused to resign, despite of the
prepared letter of the defendant. Elimination of pretense of official
position required under Art. 177 of the RPC and defendant is a member
of a seditious organization emerged in subversive activities thus he is
not liable under this provision.

Art. 178. Using fictitious name and concealing true name. — The

penalty of arresto mayor and a fine not to exceed 100,000 pesos shall
be imposed upon any person who shall publicly use a fictitious name for
the purpose of concealing a crime, evading the execution of a judgment
or causing damage.
 Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
exceed 40,000 pesos.

Acts punishable under Art. 178

1. Using fictitious name
Elements:
a. Offender uses a name other than his real name;
b. He uses the fictitious name publicly; and
c. Purpose of use is to conceal a crime, to evade the execution of
a judgment or to cause damage (to public interest).

NOTE: If the purpose is to cause damage to private interest, the

crime will be estafa under Art. 315(2) (a).

2. Concealing true name

Elements:
a. Offender conceals his true name and other personal
circumstances; and
b. Purpose is only to conceal his identity (Reyes, 2008)

Fictitious name
Fictitious name is any other name which a person publicly applies
to himself without authority of law (Id., citing U.S. v. To Lee Piu).

8|Page
Note: The prisoner who is replaced must necessarily use the name of
another, thus he is also guilty of using a fictitious name to evade the
execution of the judgment against him. The one who takes his place and
used a fictitious name to conceal the crimeis guilty of delivering a
prisoner from jail.

IN THE CASE OF U.S. v. TO LEE PIU, 35 PHIL 4 - That the

name Toribio Jalijali was a false name as applied to the appellant in this
case is in our judgment beyond question in the record. It is the name he
gave to the American consul and it is the only name he gave.  He
alleged that he was born in China in October, 1878, and applied for a
certificate which is required of Chinese persons only. "A comparison of
the two documents, the certificate Exhibit A and the application for
passport, is alone sufficient to show at the defendant's statements are
unworthy of credence, that his claim that he was born in the Philippine
Islands is false, and that the name Toribio Jalijali now claimed by the
defendant is false and assumed."

IN THE CASE OF PEOPLE v. ESTRADA G.R. NO. 164368 - In order to

be held liable for a violation of CA No. 142, the user of the alias must
have held himself out as a person who shall publicly be known under
that other name. Given the private nature of Estrada’s act of signing the
documents as “Jose Velarde” related to the opening of the trust account,
the People cannot claim that there was already a public use of alias
when Ocampo and Curato witnessed the signing. We need not even
consider here the impact of the obligations imposed by R.A. No. 1405 on
the bank officers; what is essentially significant is the privacy situation
that is necessarily implied in these kinds of transactions. This statutorily
guaranteed privacy and secrecy effectively negate a conclusion that the
transaction was done publicly or with the intent to use the alias publicly.

IN THE CASE OF ONG HICK LIAN, 17 SCRA 188 – The appellee is

using the alias “Julian Ong.” There is no evidence that appellee has
been baptized with the later name or that he has been known by it since
childhood, or that the court has authorized the use thereof. Appellee
has, therefore, committed a violation of the Anti-Alias Law.

9|Page
10 | P a g e