ARTICLE 171: FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE, OR NOTARY,
ECCLESIASTICAL MINISTER
First Element
Offenders
1. Public officer
2. Employee
3. Notary Public
4. Ecclesiastical Minister
Ecclesiastical Minister can only be liable if he shall
commit the acts of falsification enumerated in this
article but only related to falsifications that may
affect the civil status of persons
Second Element
Meaning of public officer who takes advantage of
his public position:
1. He has the duty to make, prepare,
interevene in the preparation of the
document or;
2. He has the official custody of the document
Third Element
Offender falsifies a document
Document
- A written statement where a right is
established or an obligation is extinguished
- Used to prove a fact
- Must be of apparent legal efficacy
- Must be approved by proper authority
How is falsification committed:
1. Making alteration or intercalation
2. Including in a copy of a different statement
a. 1 and 2, requires that there must be
genuine document
b. Par 6, 7 (second part), 8
3. Simulating of fabricating a document
a. Does not need a genuine document
Falsification need not to be done in official form, it
is sufficient that the document is given the
appearance or made to appear similar to the
official form
Under 171, the document need not to be specified.
The offender can falsify public and private
documents.
Paragraph 1 Counterfeiting or Imitating
(Feigning) any handwriting, signature, or rubric.
Ways of committing falsification under Paragraph 1:
1. Counterfeiting
2. Feigning
Requisites of Counterfeiting:
1. There must be intent to imitate, or attempt
to imitate
2. The two signatures, handwritings, the fake
and the genuine, bear some resemblance to
each other
If in case any of the requisite under counterfeiting is
not present, the person will be liable under paragraph
2 of Article 171 (to cause someone to participate
when in fact they did not participated so)
Feigning
There is no original signature, there is only forgery
of signature, handwriting or rubric on the part of
the offender
- To represent by false appearance
Paragraph 2 Causing it to appear that persons
have participated in an act or a proceeding
Requisites
1. That the offender caused it to appear in a
document that a person or persons
participated in an act or a proceeding
2. That such persons did not in fact
participate in the act or proceeding.
Imitation of signature of the offended party is not
necessary
Paragraph 3 Attributing to persons who have
participated in any act or proceeding statements
other than those in fact made by them
Requisites
1. That a person or persons participated in an act
or proceeding
 2. That such person or persons made statements
in that act or proceeding
3. The offender, in making a document,
attributed to the person or persons
statements other than those made by the
person or persons.
Paragraph 4 Making untruthful statements in a
narration of facts
Requisites
1. That the offender makes in a documents
untruthful statements in a narration of
facts
2. That he has legal obligation to disclose the
truth of the facts narrated.
3. That the facts narrated by the offender are
absolutely false
4. That the perversion of truth in the narration
of facts was made with wrongful intent of
injuring a third person
Narration of Facts
It means the recital of things accomplished of deeds,
occurrence or happening.
To describe the particulars of an event
- Example
o A Certification in the Statement of
Time Elapsed and Work
Accomplished where it provided for
giving an account of the status of the
flood control subject
Statement
Statement under this articles refers to statements
made in a document
Legal obligation means that there is a law that
requires the person to disclose the truth regarding
the facts narrated.
The offender must be aware that the facts narrated
by him are false
Rule:
- If the statements is overall NOT false, but
CONTAINS some pieces of truth, the crime
of falsification is not committed.
Wrongful intent is not essential when the
documents falsified are public documents
Falsification is not committed if the person acted in
good faith
Obtaining one’s consent through violence and
intimidation does not make the facts narrated false
Falsification by omission
- Wherein the offender does not place his
personal account on the chits and destroyed
them is guilty of falsification by omission
Erroneous Conclusion
A statement expressing an erroneous conclusion of
law cannot be considered as falsification
Conclusion of Law v. Narration of Facts
COL is a proposition arrived at by application of the
artificial rules of law to the facts pleaded
- Affirmation that she is qualified to be a
Municipal councilor when his age was
discovered to be under age.
Paragraph 5 Altering True dates
Falsification is only committed under paragraph 5
ONLY if the date in the document is essential
Effects
1. Affect the veracity of the document or;
2. Its effects
Paragraph 6 Making alteration or intercalation in
a genuine document which changes its meaning.
Requisites
1. That there be alteration (change) or
intercalation (insert) on a document
2. It was made on a genuine document
3. The alteration or intercalation changed the
meaning of the document
4. The change made the document speak
something false
Correction of a document is not considered as
alteration. The latter means to speak in a language
different what from it originally spoke
In general, alteration should affect the integrity and
effects of the document.
Paragraph 7 Issuing an authenticated form a
document purporting to be a copy of an original
document when no such original exists, or
including such a copy a statement contrary to, or
different, from the genuine original
Paragraph 7 can ONLY BE COMMITTED by
public officers, or notary public who takes
advantage of his position. Such authentication can
be made only by the custodian or the one who
prepared or retained a copy of the original
document.
How is it committed:
1. Purporting to be a copy of an original when
no such original exists.
2. Including in a copy a statement contrary to
or different from the original
If a private individual conspired with a public official
in the falsification of a public document, he incurs
the same liability as the public officer
ARTICLE 172: FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED
DOCUMENTS
Acts punished under 172:
1. Falsification of public or commercial
document by a private individual
2. Falsification of private document by a
private individual
3. Use of falsified document
Falsification of Public and Commercial
document:
1. Offender is a private individual, public
officer, or employee who did not take
advantage of his position
2. He committed acts of falsification
enumerated in 171
3. Falsification was committed in a public or
official or commercial document
Paragraph 7 of 171 is the only mode of falsification
that a private individual CANNOT COMMIT.
- It is inherent only within public officials who
takes advantage of their position
Kinds of Documents:
1. Public Document – a document issued by an
official or a notary public in response to the
exigencies of the public service.
2. Official Document – a document issued by
an official in the exercise of the functions of
his office.
a. An OD is also a Public Document.
3. Private Document – executed by an private
individual with no intervention of a notary
public
a. It documents some disposition,
transaction. It acts as the evidence.
4. Commercial Document – a document
defined and regulated by the Code of
Commerce
a. Used to facilitate trade
b. Used by merchants or businessmen
Public and Private Documents under the ROC
1. The written official acts, or records of the
official acts of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of a
foreign country
2. Documents acknowledged before a notary
public except last wills and testaments
3. Public records kept in the Philippines, of
private documents required by law to be
entered.
Private Documents gaining Public Characteristic
A PrD can acquire the character of a public
document when it becomes part of the official
record and is certified by a public officer.
Rule
The possessor of a falsified document is presumed
to be the author of falsification
- However, if the possessor DID NOT benefit
or indirectly benefited from said falsified
document, the presumption does not apply
In falsifying public document whether by a public
official or a private individual, the intent to injure
any third person is IMMATERIAL, for what the
law punishes is the violation of public faith and the
destruction of the truth solemnly proclaimed
Falsification of private documents
Elements:
1. That the offender committed any acts of
falsification enumerated in 171, except
paragraph 7
2. Falsification was made on a private
document
3. The falsification (1) caused damage to a
third party or the (2) act was committed
with intent to cause such damage
In order to commit falsification of private
documents, two things must occur:
1. Counterfeit of false document
2. He must perform an independent act which
operates to prejudice a third person
It is not necessary that the damage be material nor
the offender profit from his act.
Falsification as a necessary means to commit
crimes
Complex Crime
If the offenders commits falsification states under
171 as a necessary means to commit another crime,
then it will be considered as a complex crime,
provided that the document falsified must be public,
official, or commercial
Falsification of Private Document to Commit
Estafa – Complex Crime?
- Estafa and Falsification of a private
document cannot be complexed, because the
inherent fraudulent gain in estafa is very
damage caused by falsifying a private
document.
Falsification of Public and Commercial
Document as a necessary means to achieve estafa
- Estafa can be complexed with falsifying
public documents as well as commercial
documents because what is punished here is
the violation of public faith accorded to the
said documents
Falsification of Private Document through
Reckless Imprudence
There is no crime of falsification of private document
through reckless imprudence. Falsifying PD involves
that there must be malice or intent to cause damage.
Falsification of PrvD v PbD
In falsification of private documents, if there is NO
damage¸ or if there NO intention to cause, it will
not be punishable.
In falsification of public document, what is punished
is the violation of public faith and the perversion of
truth
Frustrated Falsification
There is no crime of frustrated falsification because
the moment the genuine document is altered, the
crime is already consummated.
Use of Falsified Document
Elements (Judicial Proceeding)
1. The offender knew that the document was
falsified by another person
2. The false document is embraced under 171 or
in any subdivision of No. 1, 2 of 172
3. The person introduced the document in
evidence in any judicial proceeding
Elements (Other transaction)
1. The offender knew that the document is
falsified by another person
2. The false document is embraced under 171 or
in any subdivision of No. 1, 2 of 172
3. He used such document
4. That the use of such document caused
damage to another or at least used with
intent to cause damage
In a Judiciary Proceeding
It is not necessary that damage must be incurred by
the courts. The term damage or intent to cause
damage caused by the falsified document is
applicable if said document is used in a proceeding
other than judicial.
In other words, if the document was used in other
proceedings, intent to cause damage is essential
The user of the falsified document shall be deemed
the author if:
1. The use was so closely connected in time
with the falsification
2. User had the capacity of falsifying the
document
ARTICLE 173 – FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH, AND
TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES
Acts punishable under 173:
1. Uttering fictitious wireless, telegraph, or
telephone message
2. Falsifying wireless, telegraph, or telephone
message
3. Using such falsified message
Uttering fictitious message or falsifying the same
Elements:
1. The offender be an officer, employee of the
Government or an officer or employee of a
private sector, where he is engaged in the
service of sending or receiving wireless,
cable or telephone message
2. The offender commits either:
a. Uttering fictitious, wireless, cable,
telegraph, or telephone message
b. Falsifying wireless, cable, telegraph,
or telephone message
Using of falsified message
Elements
1. That the accused knew that wireless, cable,
telegraph, or telephone message was falsified
by any other person specified in par.1 of
173
2. Offender used such falsified dispatch
3. That by using falsified dispatch, it resulted in
the prejudice of a third party or was used
with the intent to cause such prejudice.
Private person as principal by direct
participation
- A private person cannot commit falsification
of telegraphic dispatches by direct
participation
o Unless he is an employee of a
company that renders services on
receiving or sending telegraph or
telephone messages
SECTION 5 – FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
OR SERVICE, AND THE LIKE
ARTICLE 174 – FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATES OF
MERIT OR SERVICE, ETC.
A certificate is any writing by which testimony is
given that a fact has or has not taken place
Who are liable?
1. Physician or Surgeon, that issues a false
certificate, in connection with his profession
a. False Medical Certificate
2. Public Officer who issued a false certificate
of merit of good service, good conduct or
similar circumstances.
a. False Certificate of Merit or
Service
3. Private individual who falsified a certificate
falling in the same classes in Nos. 1 and 2
ARTICLE 175 – USING FALSE
CERTIFICATES
Elements
1. That a physician or surgeon issued a false
medical certificate or a public officer who
issued a false certificate of merit or service,
good conduct, or a private person who
falsified any of the certificates
 2. Offender knew that the certificate was false
3. Then he used the same.
SECTION SIX – MANUFACTURING,
IMPORTING, AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
ARTCLE 176 – MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
Acts punished:
1. Making or Introducing into the Philippines
any stamps, dies, marks, and other
instruments or implements for counterfeiting
or falsification
2. Possessing with intent to use the instruments
or implements for counterfeiting or
falsification made in or in in introduced into
the Philippines by another person
Chapter Two – Other Falsities
SECTION 1 – USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF
NAMES, UNIFORMS, AND INSIGNIA
ARTICLE 177 – USURPATION OF
AUTHORITY OR OFFICIAL FUNCTION
Offenses Committed under 177:
1. Usurpation of authority
2. Usurpation of official functions
First Offense
By knowingly and falsely representing oneself to
be an officer, agent or representative of any
department or agency of the Philippine
Government or any foreign government
- The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient
Second Offense
By performing any act pertaining to any person in
authority or public officer of the Philippine
Government or of foreign government or any
agency thereof, under pretense of official position
and without being lawfully entitled to do so
- It must be that the offender has performed an
act pertaining to a person in authority
Note: In falsifying representation, it is not necessary
for the person to falsely represent himself to be an
officer. He can falsely represent by doing acts.
177 can be committed by public officials
ARTICLE 178 – USING FICTITIOUS NAME
AND CONCEALING TRUE NAME
Using Fictitious Name
Elements
1. The offender uses a name other his own
2. His uses the fictitious name publicly
3. Uses fictitious name for the purpose of:
a. To conceal a crime
b. To evade execution of judgment
c. To cause damage to public interest
A fictitious name is a name adopted by a person
publicly without authority of law.
Concealing True name
Elements
1. The offender conceals:
a. His true name
b. All other personal circumstances
2. Conceals them for the purpose of just only
concealing them
Using Fictitious Name v. Concealing Name
1. FN requires the element of publicity while
CN does not
2. The purpose of FN are those enumerated by
178 under the said violation while CN in only
used only for concealing the name
Using an Alias Name
Under the CA No. 142, as amended by RA No. 6085,
the use of an alias is itself prohibited. It does not
require the use of an alias for some purpose
Elements of Using an Alias ARTICLE 180 – FALSE TESTIMONY
AGAINST DEFENDANT
1. Habituality
2. Publicity Elements
Names to be used in order to not violate the Anti 1. That there is a criminal proceeding
Alias Law 2. Offender falsely testifies against the
defendant therein
1. The one which he was registered at birth in
3. Offenders who gave the false testimony
the LCR
knows that it is false
2. With which he was baptized for the first time
4. The defendant whom the false testimony is
3. In cases of an alien, with the name with
given is either acquitted or convicted by
which he was registered in the Bureau of
final judgement
Immigration upon entry
4. A substitute name as allowed or authorized Penalty to be given to the offender
by a competent court
The penalty given to the offender depends on the
5. Pseudonym as in for movies, acting etc
sentence imposed on the person whom the false
testimony is given.
ARTICLE 179 – ILLEGAL USE OF Even if the court does not consider the false
UNIFORMS OR INSIGNIA testimony given by the offender, he shall still be
liable for the offense, since the law prohibits the act
Elements
of falsely testifying against the defendant.
1. The offender makes use of insignia, uniform,
dress
2. The insignia or uniform used pertains to an ARTICLE 181 – FALSE TESTIMONY
office not held by an offender, or to a class of FAVORABLE TO THE DEFENDANT
persons of which he is not a member
Reason to punish false testimony
3. The insignia or uniform is used publicly or
improperly False testimony has the tendency to favor or
prejudice the accused.
Benefit of the False Testimony
SECTION 2 – FALSE TESTIMONY
In the crime of false testimony, it need not required
False testimony is committed by a person who,
that the accused was favored by the false testimony
while being under oath and required to testify the
nor be the influence for his acquittal
truth of a certain matter in a hearing or before a
competent authority, shall deny the truth or say - What the law punished or deems sufficient is
contrary to it that the false testimony be given or that there
is intent on the person to give false
Forms of False Testimony
accusations
1. FT in criminal cases
An accused who falsely testifies on his own behalf is
2. FT in civil cases
guilty of the crime of false testimony in favor of the
3. FT in other cases
defendant
Rectification
If a witness gives his statement in one of the
examination, and in the cross-examination, it was
observed that the witness changed his statement, he
is not liable under 181, for there being no sufficient
evidence that he acted with malice nor any criminal
intent to false testify
ARTICLE 182 – FALSE TESTIMONY ON
CIVIL CASES
Elements
1. The testimony is given in a civil case
2. The testimony must relate to the issues
presented
3. The testimony is false
4. That the defendant in giving the false
testimony knows that it is false
5. The testimony must be malicious and given
with an intent to affect the issues presented in
said case.
Applicability
182 is only applicable in ordinary civil cases. It does
NOT INCLUDE special proceedings.
Penalty
The penalties under the violation of 182 varies
depending on the amount of controversy:
1. Over 5,000
2. Under 5,000
3. Cannot be estimated
ARTICLE 183 – FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION
Ways to commit perjury
1. By falsely testifying under oath (should
NOT be judicial proceeding)
2. By making a false affidavit
Elements
1. Accused made a statement under oath or
executed an affidavit upon a material matter
2. Statement or affidavit was made before a
competent officer authorized to receive and
administer oath
3. Offender made a willful and deliberate
assertion of falsehood in the statement and
affidavit
4. That the sworn statement or affidavit
containing falsity is required by law
Oath
Any form of attestation which a person signifies that
he is bound in conscience to perform the act
willfully and faithfully
Affidavit
A sworn statement in writing made upon oath
before a magistrate or authorized officer
Material Matter
This pertains to the subject of inquiry that proves
whether or not such thing had happened. It also
affects the credit of the one who testifies
- Example: WON a book was really borrowed
Material, Relevant, Pertinent
A matter is material if it is DIRECTED TO
PROVE a fact in an issue
A matter is relevant if it establishes the
PROBABILITY OR IMPROBABILITY of a fact
in issue
A matter is pertinent when it concerns collateral
matters which make MORE OR LESS
PROBABLE the proposition at issue.
Statement not Material
If the false statement given by the offender is not
important to the principal matter, perjury is not
committed.
Competent person authorized to administer oath
It is a person who is authorized to inquire into the
questions presented to him upon matters under his
jurisdiction
Perjury through reckless imprudence
There no perjury through reckless imprudence
because under perjury, there must deliberate intent of
committing it.
“Not being included in provisions in the preceding
articles”
False testimony on criminal and civil cases are
perversions of truth in JUDICIAL
PROCEEDINGS
Perjury is an offense that covers false oaths OTHER
than those taken in judicial proceedings
- Hence, false testifying in a PRELIMINARY
INVESTIGATION may give rise to the
crime of perjury
Subornation of Perjury
It is committed by a person who knowingly and
willfully induces another person to swear falsely and
the witness suborned does testify under
circumstances rendering him guilty of perjury
- Punished under the penalties provided in 183

ARTICLE 184 – OFFERING FALSE

TESTIMONY IN EVIDENCE
Elements
1. The offender offered in evidence a false
witness or false testimony
2. Offender knew that the witness or testimony
is false
3. The offer was made in a judicial or official
proceeding
184 speaks of the requirement that the offense be a
consummated offense,
Inducement
Article 184 focuses on the offender, WITHOUT
INDUCING ANOTHER, but knowing the person
to be a false witness, presents the person and he
testified falsely in a judicial or official proceeding