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Falsification Laws: Articles 172-176

This document discusses Philippine criminal laws related to falsification of documents, including: 1) Articles 172-180 cover falsification of documents by private individuals and use of falsified documents. This includes both public and private documents, with higher penalties for falsifying public documents. 2) Article 173 discusses falsification of wireless, cable, telegraph and telephone messages and using falsified messages. 3) Article 174 covers issuing false medical certificates, false certifications of merit or service, and related offenses. 4) Article 175 discusses penalties for using false certificates. Possession of false certificates creates a presumption the possessor falsified them. 5) Article 176 covers manufacturing, importing, and possession of

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87 views2 pages

Falsification Laws: Articles 172-176

This document discusses Philippine criminal laws related to falsification of documents, including: 1) Articles 172-180 cover falsification of documents by private individuals and use of falsified documents. This includes both public and private documents, with higher penalties for falsifying public documents. 2) Article 173 discusses falsification of wireless, cable, telegraph and telephone messages and using falsified messages. 3) Article 174 covers issuing false medical certificates, false certifications of merit or service, and related offenses. 4) Article 175 discusses penalties for using false certificates. Possession of false certificates creates a presumption the possessor falsified them. 5) Article 176 covers manufacturing, importing, and possession of

Uploaded by

Dave Umeran
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© © All Rights Reserved
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Crim 2 (Articles 172-180) o A: Only until letter 1st to the 6th  Because the rest

*Note: Articles 188-194 are repealed by Intellectual Property Code is for public documents
and the Dangerous Drugs Act (See concerned laws for details)  Q: In falsification of private persons does it include
commercial documents
*Articles 195-199 are also repealed by RA 9287 (See concerned law o A: Yes. Commercial documents is regulated by the
for details) commerce law. However, there are only specific
commercial documents are entered by private
persons as provided by law. If such documents are
Article 172 (Falsification by private individuals and use of falsified falsified, such private persons may be covered.
documents)  Example of such documents are cheques,
coupons, bill of lading, etc.
 Q: If a public doc has been falsified, is it punishable?
 Coupon: A certificate evidencing
o A: Yes.
the obligation to pay an installment
 Q: What if it’s a public officer of employee, is there a need
of interest, or a dividend that must
for an intent?
be cut and presented to its issuer fir
o A: No need so long as it is a public document. As it is
payment when it is due.
a violation of public trust
 Q: When does a private document become a public
 Q: What if I wrote a love letter to a girl and I signed the
document?
name of another person, am I criminally liable for the
o A: By the stamping of a notary public and by affixing
falsification of a private document?
the document into a public record by a public officer
o A: So long as there is damage, then falsification may
duly authorized by law.
be charged.
 If the crime is the falsification of public documents by public
 Private Document: Anything that is written by any private
officer, then damage is not necessary, otherwise, it is
individual
necessary in the courts of law.
o Can only be turned into a public document if:
 Notarized Article 173 (Falsification of Wireless, cable, telegraph and
 When it becomes a part of an official record telephone messages and the use of said messages)
certified by an officer duly authorized by
 Q: Can you give an example?
law
o A: Using a recorder to record another person’s voice
 Q: Those provided in 171, until where does the falsification
and use such recording to trick a person.
of a private document covers
o When they received a message wirelessly and o A: Not anymore according to Judge Pimentel
transcribe such message in paper with alteration. because we already have an industry for that
o However, ther
Article 174 (False medical certificates, false certification of merit or
service, etc.)

 Q: There is a circular of the SC now regarding health


certificates. What is it?
o A: If a private practitioner issues a med cert to a
private person, it must be under oath by a notary or
other officers authorized to administer oath. Oath is
not necessary if examined by public health officer.
(See this circular please) Penalty is 5000-10000
pesos

Article 175 (Using False Certificates)

 Q: If a person is found using false certificates, what is the


ruled regarding possession?
o A: The general is if the person is in possession of
false certificates, he shall be presumed that he
falsified such document unless proven otherwise
 It is necessary that he knows that the document was
falsified. If he did not know, then it can be a defense against
the offense. Rule is: lack of criminal intent means no
criminal act.

Article 176 (Manufacturing, importing, and possession of


instruments or implements intended for the commission of
falsification)

 Q: Do you believe that the country is still importing or


introducing to the Philippines such instruments for the
counterfeiting and falsification of documents

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