172 - falsification by private individuals and the use of falsified documents (PC MED-

MAX + FINE)
Acts punished by 172:
1. Falsification of public, official, or commercial document by a private individual
a. That the offender is a private individual or a public officer or employee who
did not take advantage of his official position
b. That he committed any of the acts of falsification enumerated in 171
c. That the falsification was committed in a public or official or commercial
document
i. Public document – document created, executed, or issued by a public
official in in response to the exigencies of the public service, or in the
execution of which a public official intervened
1. Written official acts, or records of official acts of the sovereign
authority, official bodies or tribunals, and public officers,
whether of the PH or of a foreign country.
2. Documents acknowledged before a notary public except last
will and testaments
3. Public records kept in the PH, of private documents required
by law to be entered therein
ii. Official document – document which was issued by a public official in
the exercise of the functions of his office. An official document is also
a public document.
iii. Private document – a deed or instrument executed by a private person
without the intervention of a notary public or other person legally
authorized, by which document some disposition or agreement is
proved, evidenced or set forth
iv. Commercial document – any document defined and regulated by the
Code of Commerce
1. Letters of exchange, letters of credit, drafts, trade acceptances,
checks, notes
2. Quedans or warehouse receipts
3. Customer’s prder tp a stockholder
4. Bank checks
5. Cash files
6. Surety account
7. Air way bills
o Cash disbursement vouchers are not commercial documents
o Mere blank form of official document is not in itself a document
o The possessor of a falsified document is presumed to be the author of the
falsification (exception: official duty)
o Damage or intent to cause damage is not necessary
o Lack of malice or criminal intent is a defense in falsification of public document
2. Falsification of private document by any person
a. That the offender committed any of the acts of falsification except those in
par. 7, enumerated in Article 171
b. That the falsification was committed in any private document
 i. He must have counterfeited the false document
ii. He must have performed an independent act which operates to the
prejudice of a third person
c. That the falsification caused damage to a third party or at least the falsification
was committed with intent to cause such damage
o Damage need not be material
o It is not necessary that the offender profited or hoped to profit by the falsification
o Falsification of private document in Rizal and damage in Manila – court of Rizal
has jurisdiction to try the case
o Falsification as necessary means to commit other crimes like estafa, theft,
malversation.
o Estafa through falsification of public document – counterfeit or imitates the
signatures of the officials named in a traffic police sticker issued to the holder of a
certificate of public convenience
o Theft through falsification of official document – false authorization to withdraw
or something
o Estafa through falsification of commercial document by reckless imprudence –
checks are cashed by the wrong persons who misappropriated the proceeds
thereof
o Malversation through falsification – alteration of duplicates of cedulas, collected
money from taxpayers, misappropriated the money collected
o If a private document is falsified to obtain from the offended party the money or
personal property which the offender later misappropriated, falsification of private
document
o If private document is falsified to conceal the misappropriation of the money or
other personal property which has been in the possession of the offender, the
crime committed is estafa with abuse of confidence only
o
3. Use of falsified document
a. Introducing in a judicial proceeding
i. That the offender knew that a document was falsified by another
person
ii. That the false document is embraced in 171 or in any of the
subdivisions of 172
iii. Introduced said document in evidence in any judicial proceeding
b. Use in any other transaction
i. Offender knew that a document was falsified by another person
ii. That the false document is embraced in 171 or in any of subdivisions
of 172
iii. That he used such a document (not in judicial proceedings)
iv. That the use of the false document caused damage to another or at
least it was used with the intent to cause damage.
o Damage is not necessary in the crime of introducing in judicial proceeding of a
false document
o Use of falsified document in proceeding not judicial, requires at least intent to
cause damage
 o Use of false document is not necessarily included in the crime of falsification
o The user of the falsified document is deemed thr author of the falsification if: 1.
The use of was so closely connected in the time with the falsification and 2. The
user had the capacity of falsifying the document

173 – falsification of wireless, cable, telegraph, and telephone messages and use of said
falsified messages (PC MED-MAX)
Acts punished:
1. Uttering fictitious, wireless, telegraph or telephone message
a. Offender is officer or employee of the government o an
officer or employee of a private corporation, engaged in
the service of sending or receiving wireless cable or
telephone message
b. Offender commits any of the following acts
Uttering fictitious
2. Falsifying wireless, telegraph or telephone message
3. Using of falsified message

174 – falsification of medical certificates, certificates of merit or service, etc.

175 – using of false certificates

176 – manufacturing and possession of instruments or implements for falsification

177 – usurpation of authority or official functions

178 – using fictitious name and concealing true name

179 – illegal use of uniforms and insignia

180 – false testimony against a defendant

181 – false testimony favourable to the defendant

182 – false testimony in civil cases

183 – false testimony in other cases and perjury in solemn affirmation

184 – offering false testimony in evidence

185 – machinations in public auctions

186 – monopolies and combinations in restraint of trade

187 – importation and disposition of falsely marked articles or merchandise made of gold
silver, or other precious materials or their alloys
188 – substituting and altering trademarks, trade names, or service marks

189 – unfair competition, fraudulent registration of trade name, trademark, or service