ART.

170-173 Falsification of Documents

and the use of falsified Document
What is the act of Falsification under Article 170-173

Falsification is the commission of any of the eight acts of falsification

mentioned in article 171 of the revised penal code on legislative, public,
official, commercial, and private documents.
What is a document under Article 170-173

1. A document is any written statement by which a right is established,

or an obligation is extinguished.

2. It can also be any writing or instrument by which a fact may be

proven and affirmed.

3. It is also one that proves evidences sets forth some disposition or

agreement.

4. it must have the appearance of a true and genuine document and must
be of apparent legal efficacy
The writing must be complete in itself and capable of extinguishing an
obligation or creating rights or capable of becoming evidence of the
facts stated therein. (Atty. Constantino vs. People)

It must have the appearance of a true and genuine document and must
be of apparent legal efficacy.
4 types of documents that can be subject to falsification

1. Private Document – is a deed or instrument executed by a private

person or between private individuals by which something is proved
evidenced or set forth and for which a notary public has not yet
intervened.

Take note that a private document becomes a public document after it is

notarized or after it is made part of a public record.
2. Public Document – a Private Document that has been
notarized; or on that has become part of public record.
3. Official Document - is a document issued by a public official in the
exercise of the functions of his office.

An official document is also a public document.

The difference is a public document starts as a private document while an

official document is a public document from the beginning.
4. Commercial Document - a document or instrument used by
businessmen to promote or facilitate trade or commerce.

Cash disbursement vouchers or receipts evidencing payment to

borrowers of loans are considered private documents only
How are documents falsified?
Falsification of Legislative Documents (Art 170)

The penalty of prision correccional in its maximum period and a fine

not exceeding P1,200,000 pesos shall be imposed upon any person who,
without proper authority therefor alters any bill, resolution, or ordinance
enacted or approved or pending approval by either House of the
Legislature or any provincial board or municipal council.
Elements of Art 170

1. There is a bill resolution or ordinance enacted or approved or pending

approval by either house of the legislature or any provincial board or
municipal council
2. the offender who can be any person alters the bill resolution or
ordinance.
3. The offender has no authority to alter the same
4. Such alteration has changed the meaning of the document
In the case of legislative documents, the only act of
falsification punished in article 170 is the act of altering
or the act of alteration which changes the meaning of
the document that is the alteration made the document
speak something false.
Falsification of Public, Official, Commercial, and Private Documents
(Art 171)

Committed by any public officer, employee, or notary and through the 8

ways of falsification mentioned in Art 171.
8 ways of Falsification under Art 171:

1. Counterfeiting or imitating any handwriting, signature or rubric;

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;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which
changes its meaning;

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.
(1)Counterfeiting or imitating any handwriting signature or
rubric

2 ways of committing the 1st act of falsification

1. Counterfeiting - imitating or forging a handwriting signature or rubric

*A rubric is a special mark used in place of a signature of a person or it can be a special mark placed alongside a
signature.

2. Feigning - there is no original signature, or handwriting, or rubric that

does not in fact exist.
Requisites of counterfeiting:

1. There must be an attempt of the offender to imitate a handwriting a

signature or a rubric.

2. The two signatures or handwritings, the genuine and the forged, must
bear some resemblance to each other.

*In counterfeiting there is an original signature or handwriting which is

imitated an imitation is necessary but need not be perfect.

*The resemblance must be such that it is likely to deceive an ordinary

person receiving or dealing with the document.
(2)Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate.
Requisites of the 2nd act of falsification:
1. The offender caused it to appear in a document that a person or persons
participated in an act or a proceeding.
2. Such person or persons did not in fact so participate in the act or proceeding.
(3)Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them

Requisites of the 3rd act of falsification:

1. a person or persons participated in an act or a proceeding.

2. such person or persons made statements in that act or proceeding

3. The offender in making a document attributed to such person or person's

statements other than those in fact made by such person or persons.
(4)Making untruthful statements in a narration of facts

Requisites of the 4th act of falsification:

1. The offender makes in a document statements in a narration of facts.

2. The offender has a legal obligation to disclose the truth of the facts narrated by
him
3. The facts narrated by the offender are absolutely false

4. the perversion of the truth in the narration of acts was made with the wrongful
intent of injuring a third person.
(5)Altering true dates

- there is falsification under this paragraph only when the date

mentioned in a document is essential. The alteration of the date in a
document must affect either the veracity of the document or the effects
thereof.
(6)Making any alteration or intercalation in a genuine document which
changes its meaning and (8) Intercalating any instrument or note
relative to the issuance thereof in a protocol, registry, or official book.

Requisites of the 6th and 8th act of falsification:

1. There is an alteration or intercalation on a document

2. It was made on a genuine document.

3. he alteration or intercalation has changed the meaning of the document

4. The change made the document speak something false.

(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
Requisites of the 7th act of falsification:
1. The offender is a public or notary public

2. he takes advantage of his official position

3. he issues 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.
Only Public Officers and/or Notaries Public who take advantage of their
official positions can be held liable under this paragraph because the
authentication of a document can be made only by the custodians or the
one who prepared and retained a copy of the original document.

A private individual, however, who conspires with a public officer or

notary public will also be liable under this paragraph.
In the first 5 acts of falsification under Art 171, the falsification may be
committed by simulating or fabricating a document. Hence, it may be a
genuine document or a simulated document.

However, in the last three acts of falsification (paragraphs 6, 7 in its 2 nd

part, and 8) in art 171, there must be a genuine that is falisified.
Liability of a public officer, employee, or notary or ecclesiastical
minister who takes advantage of his official position?

The penalty of prision mayor and a fine not to exceed P1,000,000 pesos
shall be imposed upon any public officer, employee, or notary who,
taking advantage of his official position, shall falsify a document
Elements of Art 171:
1. The offender is a public officer employee or notary public.

2. He takes advantage of his official position.

3. He falsifies a document by committing any of the eight acts of falsification.

4. In case the offender is an ecclesiastical minister, the act of falsification is

committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.
(1) The offender is a public officer, employee, or notary public

The ecclesiastical minister is also included in this article. He is someone

commissioned to perform some act on behalf of the Church or some religion or
denomination, like a priest.

He is liable under this article if he shall commit any of the acts of falsification with
respect to any record or document of such character that its falsification may affect
the civil status of a person.

civil status or marital status are the distinct options that describe a person's legal
relationship with a significant other.
(2) He takes advantage of his official position

How does a public officer, employee, or notary public take advantage of his
position ?

1. When he has a duty to make or prepare or otherwise to intervene in the

preparation of the document.

2. When he has official custody of the document which he falsifies.

(3) the offender falsifies a document by committing any of the eight acts of
falsification

(4) In case the offender is an ecclesiastical minister the act of falsification is

committed with respect to any record or document of such character that its
falsification may affect the civil status of persons
liability of a private individual who falsifies a public, official, or commercial
document (Art 172)
The penalty of prision correccional in its medium and maximum periods and a fine of not more than
P1,000,000 pesos shall be imposed upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next preceding
article in any public or official document or letter of exchange or any other kind of commercial
document; and
2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any
private document commit any of the acts of falsification enumerated in the next preceding article.chan
liability of any person who falsifies a private document (Art 172)

Elements of the 2nd paragraph of Art 172:

1. The offender is any person

2. The commits any of the acts of falsification under Art 171 except paragraph 7

3. The falsification was committed in a private document

4. The falsification caused damage to another or at least the falsification was

committed with intent to cause damage.
Use of falsified of documents

Elements of the 3rd paragraph of Art 172:

1. The offender knew that a document was falsified by another person

2. The false/falsified document is embraced in Art. 171 or in paragraph 1 or 2 of Art

172
3. The offender introduced the said document in evidence in any judicial
proceeding.

*Judicial proceeding can refer to a civil or criminal case pending in a court of law.

*The element of damage or intent to damage is not necessary when the false document is presented
or offered as evidence in a judicial proceeding.
Elements of the use of falsified documents for any other transaction:

1. The offender knew that a document was falsified by another

2. The false/falsified document is embraced in Art. 171 or in paragraph 1 or 2 of Art

172
3. The offender used said document in in any other transanction.

4. The use of the false document caused damage to another or at least it was used
with intent to cause damage