D. Title IV – Crimes Against Public Interest

Chapter 1: Forgeries

Section 1 – Forging the Seal of the Government of the Philippine Islands, the Signature or Stamp of the Chief Executive.

Art. 161. Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive

• Forging the Great Seal of the Government;
• Forging the signature of the President; and
• Forging the stamp of the President.

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Note: When the signature of the President is forged, it is not falsification but forging of signature of the Chief Executive, under this article.

Art. 162. Using Forged Signature or Counterfeit Seal or Stamp

Any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article

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Elements:

• Great seal was counterfeited or signature/stamp forged;
• Offender knew of such counterfeiting or forgery; and
• Offender uses such fake seal, stamp, or signature.

Notes:

• The offender in this article should not be the one who did the counterfeiting or forgery, otherwise, he will be liable under the previous paragraph.
• Offender is punished under this article with a penalty one degree lower than that provided in the next preceding article, even if his act is that of an accessory to the crime of counterfeiting the great seal or forging the stamp or signature.

Section 2 – Counterfeiting Coins

Art. 163. Making, Uttering, and Importing False Coins

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

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Elements:

• There are false or counterfeited coins;
• Offender made, imported, or uttered said coins; and
• In case of uttering, offender should be in connivance with either the counterfeiter or the importer

Notes:

• A coin is counterfeit if it is forged, or if it is not authorized by the government as legal tender, regardless of its intrinsic value
• Counterfeiting is the imitation of a legal or genuine coin such as to deceive an ordinary person in believing it to be genuine
• To utter is to pass counterfeited coins, sell, deliver or give away.
• To utter is to pass counterfeited coins, sell, deliver or give away.
• This article also applies to Philippine coins, foreign state coins, and coins withdrawn from circulation. This does not require that the coins counterfeited be legal tender.
• When a real coin is made to appear like a coin with higher value by painting, etc. the crime is estafa because the coin is genuine.

Art. 164 – Mutilation of Coins; Importation and Utterance of Coins

• Mutilating coins of the legal currency of the United States or the Philippines; and
• Importing or uttering such mutilated COINS with the further requirement that there must be connivance with the mutilator or importer in case of uttering

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Notes:

• Mutilation is to take off part of the metal content of the coin, either by filing it or substituting it for another metal of inferior quality, to diminish by ingenious means the metal in the coin.
• Article 164 covers coins of the legal currency of the United States or the Philippines; it does not cover notes. There must be intention to mutilate.
• Coins must always be real and legal tender.
• Mutilating alone is punishable, but importing or uttering must be concurrent with connivance.

Art. 165. Selling of False or Mutilated Coins Without Connivance

• Knowingly, without the connivance mentioned in the preceding articles, possessing a false or mutilated coin with intent to utter it, or actually uttering such coin

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On being legal tender

• This article does not require that the coin being uttered is legal tender.
• But if the coin being uttered or possessed is a mutilated coin, it must be legal tender, because of Art. 165.

Section 4 – Falsification of Legislative, Public, Commercial, and Private Documents, and Wireless Telegraph and Telephone Messages

Art. 170. Falsification of Legislative Documents

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.

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Elements:

• There is a bill, resolution, or ordinance enacted, approved, or pending approval by Congressor any provincial or municipal council/board;
• The offender alters it;
• He has no proper authority to do so; and
• Alteration has changed the meaning of the document.

Notes:

• The bill, resolution, or ordinance must be genuine. This article does not cover a fabricated or simulated legislative document.
• Offender can be any person, for as long as he has no authority to alter.
• This article only punishes alteration which changes its meaning. Any other tampering with legislative documents is covered under Art. 171 or 172.

Art. 171. Falsification By Public Officer or Employee, or Notary or Ecclesiastical Minister

Elements:

• Offender is a public officer, employee, ecclesiastical minister, or notary public;
• He takes advantage of his official position;
• He falsifies a document by committing any of the acts mentioned in the article; and
• In case the offender is an ecclesiastical minister, the falsification be committed with respect to affecting the civil status of persons.

Punishable acts:

• Maliciously refraining from instituting prosecution against violators of the law; and
• Maliciously tolerating the commission of offenses

Fair and true report of official proceedings, made in good faith, without any comments and remarks

Requisites:

• That the publication of a report of an official proceeding is a fair and true report of judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions;
• That it is made in good faith; and
• That it is made without any comments or remarks

Jurisprudence

A public figure has been defined as a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a 'public personage.' He is, in other words, a celebrity. Obviously to be included in this category are those who have achieved some degree of reputation by appearing before the public, as in the case of an actor, a professional baseball player, a pugilist, or any other entertainer. The list is, however, broader than this. It includes public officers, famous inventors and explorers, war heroes and even ordinary soldiers, an infant prodigy, and no less a personage than the Grand Exalted Ruler of a lodge. It includes, in short, anyone who has arrived at a position where public attention is focused upon him as a person. (Guingguing v. CA, G.R. No. 128959)

Art. 355. Libel by Means of Writings or Similar Means

The means by which libel may be committed are by:

• writing;
• printing;
• lithography;
• engraving;
• radio;
• phonograph;
• painting;
• theatrical exhibitions;
• cinematographic exhibitions; or
• any similar means.

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Intent to gain or prejudice

• The idea of gain or intent to cause damage to a third person is not necessary.
• It is the official character of the offender which is mainly taken into consideration
• It is the interest of the community which is intended to be protected.

8 th Act: Intercalating any instrument or notes relative to the issuance thereof in a protocol, registry, or official book

Private documents considered Public

• Deed which was privately falsified, but then presented to the notary public by the falsifier for acknowledgment
• Private document which becomes part of an official record and is certified by a public officer duly authorized by law.

Falsification of Private and Public Documents, Distinguished

Implements confiscated

• Not necessary that they form a complete set for counterfeiting; and
• Enough that they may be employed by themselves or together with other implements to commit the crime of counterfeiting or falsification

Elements of Using fictitious name

• Offender uses a fictitious name;
• Such name is used publicly;
• Purpose is:
• Conceal a crime;
• Evade execution of judgment; or
• Cause damage to public interest

Note: If the purpose is for causing damage, it must be damage to public interest. If it is damage to private interest, the crime will be Estafa under Art. 315, subdivision 2, par. (a).

Notes:

• Revelation to one person is sufficient.
• If the offender is an attorney, he is properly liable under Art. 209 (betrayal of trust by an attorney)
• It is not necessary that damage is suffered by the private individual. The reason for this provision is to uphold faith and trust in the public service.

Use of Fictitious Name and Concealing of True Name, Distinguished

Note: Instances when a Filipino citizen residing in this country can use an alias legally (RA No. 6085):

• As a pseudonym in cinematic and other entertainment fields
• As a pen name in literary compositions or works
• As a pseudonym in television and radio broadcasting

Art. 179. Illegal Use of Uniforms or Insignia

Any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.

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Chapter 3: Frauds

Section 1 – Machinations, Monopolies, and Combinations

Art. 185. Machinations In Public Auctions

Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned

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Punishable Acts:

• Soliciting gift to refrain from taking part in public auction; and
• Attempting to cause bidders to stay away from a public auction by threats, gifts, promises, or any other artifice, with intent to reduce the price of the thing auctioned

Elements of Act No.1

• There is a public auction;
• The accused solicited gifts/promise of gifts;
• The solicitation is in consideration of refraining from taking part in the auction; and
• His intent is to cause reduction of the price of the thing auctioned

Elements of Act No.2

• There is a public auction;
• The offender attempted to cause the bidders to stay away;
• Means used by the offender: threats, gifts, promises or any other artifice; and
• Intent of the offender: reduction of price of thing auctioned

Acts are formal crimes

• It is not required that the person making a proposal actually refrains from taking part in any public auction. The crime is committed by mere solicitation.
• It is not required that the personaccept the offer or gift. The crime is consummated by mere offering of the gift or promise in consideration of refraining to take part.

(Art. 185 is supplemented by the Philippine Competition Act [RA No. 10667]. Art. 186 is repealed by the same law.)

(Arts. 188 and 189 are repealed by the Intellectual Property Code [RA No. 8293] to the extents they are inconsistent with the same law.)

Selling, disposing, and importing

• It is not necessary that such items are actually sold and that the public is actually deceived, for one to be liable under this article.
• If one is charged with importation, there must be proof that item was in fact imported.

Punishable Acts:

• By defrauding or damaging another by any other deceit not mentioned in preceding articles; and
• By interpreting dreams, making forecasts, fortune-telling, or by taking advantage of the credulity of the public in any other similar manner, for profit or gain.

Examples:

• Scattering human excrement in public building
• Killing of cow as an act of revenge (value of damage cannot be estimated)
• A servant releasing a bird from cage as an act of hate against its owner (value of the bird as basis)

Art. 330. Damage and Obstruction to Means of Communication

Any person who shall damage any railway, telegraph or telephone lines (electric wires, traction cables, signal system and other things pertaining to railways are deemed to constitute an integral part of a railway system)

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Notes:

• It is committed by damaging any railway (that is, any component of its system), telegraph, or telephone lines.
• Telegraph or telephone lines need not pertain to a railway system.
• Any derailment of cars, collision, or other accident which was a result of the damage done shall be ground for the imposition of a higher penalty. But such derailment must not have been purposely sought by the offender.
• The object is to merely cause damage, as constructed with Crimes involving Destruction (Art. 324), where the object is to cause destruction.
• When persons are killed:
• If there is no intent to kill, it is the complexed crime of Damage to Means of Communication with Homicide (in relation to Art. 48); and
• If there is intent to kill, and damaging the railways was used to accomplish the criminal purpose, it is Murder.

Art. 331. Destroying or Damaging Statues, Public Monuments, or Paintings

Any person who shall destroy or damage statues or any other useful or ornamental public monument

Any person who shall destroy or damage any useful or ornamental painting of a public nature

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Punishable Acts:

• Destroying or damaging statues or any other useful or ornamental public monument; and
• Destroying or damaging any useful or ornamental painting of a public nature

Notes:

• Actual public disorder or actual damage to the credit of the State is not necessary. The mere possibility of causing such danger or damage is sufficient.
• R.A. 248 prohibits the reprinting, reproduction or republication of government publications and official documents without previous authority.

By Means of Inundation, Fire, etc. vs. On the Occasion of Conflagration, Shipwreck, etc.