Criminal Laws in the PH, Slides of Law

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JULIUS STEPHENSON E. FAJARDO

JD 1E

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

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Take note that a private document becomes a public document after it is notarized or after it is made part of a public record. 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. 4 Types of Documents that can be Subject to Falsification

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

How are documents falsified?

Falsification of Legislative Documents (Art 170) The penalty of prision correccional in its maximum period and a fine not exceeding P 1 , 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.

2. That the offender Alters the same;

3. That he has No proper authority

4. That the alteration has Changed the

meaning of the document.

Elements of Falsification of Legislative

Documents (B-A-N-C)

• Persons Liable under Art.

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 WIRELESS TELEGRAPH AND TELEPHONE

MESSAGES, AND USE OF SAID FALSIFIED MESSAGES ART. 173,

RPC

b. That the offender commits any of the following acts:

1. Uttering fictitious wireless, cable, telegraph or telephone message; or
2. 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.