How does the offender take advantage of his official position?

He takes advantage of his official position when:

1. He has the duty to make or to prepare or otherwise to intervene in the preparation of the
document.
2. He has the official custody of the document which he falsifies.

What if the offender did not take advantage of his official position in falsifying documents?
Instead of being liable under Article 171, the offender shall be liable under Article 172, as a
private person committing the crime of falsification.

What are the different modes of falsifying a document?

1.  Counterfeiting or imitating any handwriting, signature or rubric:
What are the two ways of falsification in Paragraph 1?
1. Counterfeiting, which is imitating any handwriting, signature or rubric
2. Feigning, which is simulating any handwriting, signature or rubric out of one which does not in
fact exist.

Requisites of counterfeiting
1. There be an intent to imitate or attempt to imitate
2. That the the genuine and the forged bear some resemblance to each other.

Is it necessary that the imitation is perfect?

No, as long as they bear some resemblance to each other.

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;
What are the requisites of Paragraph 3?
1. That persons participated in an act or proceeding
2. That such persons made statements in such act or proceeding
3. That the offender, in making a document, attributed to such person, statements other than
those in fact made by them.

4. Making untruthful statements in a narration of facts;

What are the requisites in paragraph 4?
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 the truth in the narration of the facts was made with the wrongful intent
of injuring a third person.
What if the falsification is committed in an affidavit or a statement required by law to be sworn?
The crime will not be falsification, it will be perjury, in Article 183.

5. Altering true dates;

The falsification in this paragraph is applicable only when the dates altered are essential to the
document, such that the alteration will affect either the veracity of the document, and the effects
thereof.

6. Making any alteration or intercalation in a genuine document which changes its meaning;
What are the requirements for paragraph 6 to be falsification?
1. That there be an alteration (change) or intercalation (insertion) on a document.
2. That such alteration or intercalation is on a genuine document.
3. That such alteration or intercalation has changed the meaning of the document.
4. That the change made the document to speak of something false.

What if the alteration or intercalation in a genuine document was made to reflect the truth?
Then, the changes or insertion are merely correction, and not a falsification. It is the deception
in the alteration that makes it into falsification.

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 a 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.

Which acts of falsification require the existence of a genuine document?

Paragraphs 6 to 8 requires the existence of a genuine document, while paragaphs 1 to 5 speaks
of the falsification of a genuine document or an entirely fabricated document.