What are the crimes under counterfeiting coins (Section 2, Title 4)?

1. The making and importing and uttering of false coins (Art. 163);

2. The mutilation of coins, including the importation and utterance of mutilated coins
(Art. 164);

3. The selling of false or mutilated coins, without connivance (Art. 165). (Reyes, RPC,
pp. 191-192)

Article 163 - Making and importing and uttering false coins

Any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or
importers, shall suffer:

1. Prision correccional in its minimum and medium periods and a fine not to exceed 400,000
pesos, if the counterfeited coins be any of the coinage of the Philippines.

2. Prision correccional in its minimum period and a fine not to exceed 200,000 pesos, if the
counterfeited coin be currency of a foreign country.

Elements:
1. There be false or counterfeited coins;

2. The offender made, imported or uttered such coins;

3. In case of uttering such false or counterfeited coins, the offender connived with the
counterfeiters or importers. (Reyes, RPC, p. 192)

Punishable acts:

➔ To "make" a false coin means to counterfeit. Question: When is a coin false, fake or
counterfeited?

Answer: It is counterfeited if it is forged, regardless of its intrinsic value. Counterfeiting

means imitating a legal or genuine coin. The false or counterfeited coin may even contain
more metal or silver than the genuine coin. There must be an imitation of the peculiar design
of a genuine coin. (Reyes, RPC, р. 193)

Example: X has four 10-peso coins and one 5-peso coin. Even if he knew that he had only
45 pesos, he was able to purchase an item at a sari-sari store in the amount of 50 pesos. Is
he liable for counterfeiting? No, but he is liable for estafa. He did not use the 5-peso coin to
imitate a 10-peso coin. The 5-peso coin itself is a genuine coin, bearing its original design
and inscription.

➔ To "import" false, fake or counterfeited coins means to bring them into port. This
also presupposes that the counterfeiting was done in another country or outside the
 country such that the one who caused the importation is the one held criminally
liable.

If the counterfeiting was done by the offender outside of the country, let's say in Malaysia,
can he be prosecuted here (Philippines)? Yes. Forging or counterfeiting any coin or currency
note of the Republic of the Phils or obligations and securities issued by the Phil gov't is one
of the instances where the RPC is given extra-territorial application under Art. 2, subd. 2 of
the RPC. "Extra-territorial application" means the provisions of the RPC shall be enforced
not only within the Phil archipelago, but also outside of its territorial jurisdiction.

Example 1: X counterfeited ten thousand 20-peso coins while in Singapore. Can he be

charged and tried for counterfeiting in the Phils? Yes, by virtue of Article 2, subd. 2 of the
RPC.

Example 2: X counterfeited ten thousand 20-peso coins while in Singapore. When X arrived
in Manila, he also caused/facilitated its importation into the country. What is X's criminal
liability? X is liable for two counts of violation of Art. 163, one for counterfeiting and another
for importation.

➔ To "utter" means to circulate, or to pass false or counterfeited coins. It includes the

delivery or the act of giving them away. A counterfeited coin is uttered when it is paid
or at the very least, when the offender is caught counting the counterfeited coins
preparatory to the act of delivering them, even though the utterer may not obtain the
gain he intended. Take note, however, that mere uttering of false or counterfeited
coins without proof of connivance with the counterfeiter or importer will not make the
utterer liable.

Example 1: X is in possession of four counterfeited 20-peso coins. He doesn't know the

same to be false or counterfeited. He then uses the said coins to purchase some items at a
sari-sari store. Is he liable for uttering in Art. 163? No. He did not act with malice or criminal
intent. He acted in good faith when he used the same. To be liable, not only must X be
aware that the coins are counterfeited, there must also be proof that he acted in connivance
with the counterfeiter or importer.

Example 2: X is in possession of four counterfeited 20-peso coins. He knows the same to

be false or counterfeited. He then uses the said coins to purchase some items at a sari-sari
store. Is he liable for uttering in Art. 163? No. Mere knowledge that the same is counterfeited
must be coupled with proof that he acted in connivance with the counterfeiter or importer. He
is liable instead for estafa (by means of deceit).

Example 3: X, the importer of the counterfeited coins himself, also uttered the same. What
is X's criminal liability? X is liable for two counts of violation of Art. 163, one for the
importation and another for uttering the said coins. The requirement of "connivance" is no
longer necessary owing to the fact that the importer and utterer are one and the same
person.

Who is the offender in Art. 163?- Any person who makes, imports, or utters a false or
counterfeited coin.
How many coins should be counterfeited, imported, or uttered to make the offender liable?-
The article does not specify. Hence, it is submitted that even 1 false or counterfeited coin is
enough to constitute a violation under this article.

What kind of coins are subject to the counterfeiting, importation or uttering in Art. 163?-
(1) any coin of the currency of the Phils (Note: There is no longer any distinction as to
the penalty to be imposed whether the coin is a silver coin/coin of the 10-centavo
denomination or above or below the 10-centavo denomination); and
(2) any coin of the currency of a foreign country.

Also, the offender in Art. 163 is liable even if the counterfeited coin has been withdrawn
from circulation or no longer in legal tender.