Module 2.4: Crimes Against Public Interest

1. Learning Objectives

Upon completion of this module, the student will be able to:

Identify the different crimes classified under Crimes Against Public Interest in the Revised Penal Code.
Differentiate the various forms of forgery, including counterfeiting and falsification.
Understand the elements of falsification of public, commercial, and private documents.
Distinguish between false testimony, perjury, and subornation of perjury.
Recognize other offenses such as illegal use of uniforms, use of fictitious names, and machinations in public auctions.

2. FORGERIES (Art. 161-176)

Forgeries under the Revised Penal Code are crimes that involve deceit and misrepresentation, damaging the public's faith in the authenticity of seals, currency, and documents.

A. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT (Art. 161)

This involves the forging of the Great Seal of the Government of the Republic of the Philippines.

Acts Punished:
1. Forging the Great Seal.
2. Stamping any document with the forged seal.

B. COUNTERFEITING COINS (Art. 163)

This crime involves making, importing, or uttering counterfeit coins.

Elements of Counterfeiting:
1. That there be false or counterfeited coins.
2. That the offender either made, imported, or uttered such coins.
3. In case of uttering, the offender must have connivance with the forger or importer.
Mutilation of Coins (Art. 164):
- Acts Punished: Mutilating coins of legal tender, and importing or uttering such mutilated coins with connivance.
- Purpose: To take advantage of the metal content of the coin.

C. COUNTERFEITING, IMPORTING, UTTERING FALSE CURRENCY (Art. 166-168)

This section covers paper currency, treasury notes, and other obligations and securities of the government.

Forging Treasury/Bank Notes (Art. 166):
- Acts Punished:
  1. Forging or falsifying treasury or bank notes or other documents payable to bearer.
  2. Importing such false or forged obligations.
  3. Uttering such false or forged obligations in connivance with forgers or importers.
Importing and Uttering (Art. 166): The act of bringing fake currency into the country or passing it off as genuine.
Uttering False Notes without Connivance (Art. 168): If a person knowingly uses or possesses false currency but was not in connivance with the forger, they are punished under this article. The key is knowledge of the forgery.

D. FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL DOCUMENTS (Art. 170-172)

Falsification of Legislative Documents (Art. 170): Punishes any person who, without proper authority, alters any bill, resolution, or ordinance enacted or approved by the National Assembly or any provincial or municipal council.
Falsification by Public Officer, Employee or Notary (Art. 171): This crime is committed when a public officer, in taking advantage of their official position, falsifies a document.
- Eight Ways of Committing Falsification (Art. 171):
  1. Counterfeiting or imitating any handwriting, signature, or rubric.
  2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.
  3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.
  4. Making untruthful statements in a narration of facts.
  5. Altering true dates.
  6. Making any alteration or intercalation in a genuine document which changes its meaning.
  7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists.
  8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
Falsification by Private Individuals (Art. 172, par. 1): When any of the eight acts of falsification under Art. 171 are committed by a private person on a public, official, or commercial document.

E. FALSIFICATION OF PRIVATE DOCUMENTS (Art. 172, par. 2)

Elements:
1. That the offender committed any of the acts of falsification enumerated in Art. 171.
2. That the falsification was committed in a private document.
3. That the falsification caused damage to a third party or was committed with intent to cause such damage.
Damage as an Element: Unlike falsification of public documents, damage (or intent to cause damage) is a mandatory element in falsifying private documents.

F. FALSIFICATION OF WIRELESS, TELEGRAPH MESSAGES (Art. 173)

Applies to: Officers or employees of the government or a private corporation engaged in sending or receiving wireless, cable, or telephone messages.
Acts Punished:
1. Falsifying a message.
2. Uttering such a falsified message.

G. FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT (Art. 174-175)

False Medical Certificates (Art. 174): Punishes a physician or surgeon who, in connection with their professional practice, issues a false certificate.
False Certificates of Merit/Service (Art. 175): Punishes a public officer who issues a false certificate of merit, service, good conduct, or similar circumstances.

3. OTHER DECEITS AND FRAUDS

A. USING FICTITIOUS NAME (Art. 178)

Acts Punished:
1. Using a name other than one's real name to conceal a crime, evade judgment, or cause damage.
2. Publicly using a fictitious name to conceal one's true name and identity for any other purpose.

B. ILLEGAL USE OF UNIFORMS AND INSIGNIA (Art. 179)

Act Punished: Publicly and improperly wearing any insignia, uniform, or dress pertaining to an office not held by the person or a class of persons of which he is not a member.
Purpose: To bring contempt or ridicule upon the office or class of persons.

C. FALSE TESTIMONY (Art. 180-184)

This refers to giving false statements under oath in a judicial proceeding. It is a crime against the administration of justice.

False Testimony Against a Defendant (Art. 180): Committed by a person who testifies falsely against the defendant in a criminal case. The penalty depends on the sentence imposed on the defendant.
False Testimony Favorable to a Defendant (Art.181): Committed by a person who gives false testimony in favor of the defendant in a criminal case.
False Testimony in Civil Cases (Art. 182): The false testimony is given in a civil case. The penalty is based on the amount in controversy.
Perjury (Art. 183): The willful and corrupt assertion of a falsehood under oath on a material matter, required by law.
- Elements of Perjury:
  1. Statement or affidavit was made under oath.
  2. Made before a competent officer.
  3. On a material matter.
  4. The statement is willfully and deliberately false.

4. MACHINATIONS IN PUBLIC AUCTIONS (Art. 185)

Acts Punished:
1. Soliciting any gift or promise as a consideration for refraining from bidding.
2. Attempting to cause bidders to stay away from an auction by threats, gifts, or other machinations.

5. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE (Art. 186)

Acts Punished:
1. Entering into any contract or agreement to prevent free competition in the market.
2. Establishing a monopoly to restrain trade or commerce.
3. Making transactions prejudicial to lawful commerce.

6. Comparison Tables: Types of Falsification

Feature	Falsification of Public/Official Document	Falsification of Commercial Document	Falsification of Private Document
Offender	Public Officer (Art. 171) or Private Person (Art. 172)	Public Officer (Art. 171) or Private Person (Art. 172)	Private Person or Public Officer not in their official capacity
Advantage of Position	Essential for Public Officer under Art. 171	Essential for Public Officer under Art. 171	Not an element
Damage Required?	No. The crime is consummated even without damage. The harm is to public faith.	No. The crime is consummated even without damage.	Yes. Damage or intent to cause damage is a required element.
Governing Article	Art. 171 & 172, par. 1	Art. 171 & 172, par. 1	Art. 172, par. 2

7. Important Notes and Distinctions

Falsification vs. Estafa: If the falsified document (private or commercial) is used to defraud another, the crime is Estafa through Falsification. Falsification is the means, Estafa is the end. This is a complex crime.
Public vs. Private Document: A private document becomes a public document when it is notarized or becomes part of a public record.
"Untruthful Narration of Facts" (Art. 171, par. 4): This mode of falsification applies only to public officers. The narrator must have a legal obligation to disclose the truth of the facts narrated by him.
Perjury vs. False Testimony: Perjury is the genus; false testimony is the species. False testimony occurs in a judicial proceeding, while perjury can occur in affidavits or other statements under oath not made in court.

8. Practice Questions

1. A police officer, in his official report, stated that the suspect was arrested at 10:00 PM when in fact the arrest happened at 8:00 PM. What crime did the officer commit? a) Perjury b) Falsification of a public document c) Estafa d) False Testimony

2. Which of the following is NOT a way of committing falsification under Art. 171? a) Altering true dates b) Making untruthful statements in a narration of facts c) Refusing to testify in court d) Imitating a signature

3. What is the essential element that distinguishes falsification of a private document from falsification of a public document? a) The offender must be a private individual b) The document must be handwritten c) The presence of damage or intent to cause damage d) The falsification must be committed in the Philippines

4. Juan, a private citizen, forged a Deed of Sale (a notarized document) to make it appear he was the owner of a piece of land. What crime did he commit? a) Falsification of a private document b) Falsification of a public document c) Estafa only d) Perjury

5. Pedro made a fake 1,000-peso bill. What crime did he commit? a) Mutilation of coin b) Estafa c) Forging treasury or bank notes d) Falsification of a commercial document

6. To be liable for uttering false currency under Art. 168, the most important element is: a) The amount must be large b) The offender must be the forger c) The offender must know the currency is fake d) The currency must be passed in a commercial establishment

7. A person who knowingly and willfully lies under oath before a fiscal during a preliminary investigation is liable for: a) False Testimony b) Contempt of court c) Obstruction of Justice d) Perjury

8. Posing publicly as a police officer by wearing a complete PNP uniform to impress a person is a crime of: a) Usurpation of Authority b) Using a fictitious name c) Illegal use of uniform or insignia d) Estafa

9. Two bidders in a government auction agree that only one of them will bid, and they will split the profits later. What crime is committed? a) Monopoly and combination in restraint of trade b) Estafa c) Machinations in public auctions d) Fraudulent insolvency

10. What is the act of damaging a coin of legal tender to take advantage of its metal content? a) Counterfeiting b) Forgery c) Mutilation d) Falsification

11. The crime of forging the Great Seal of the Government is under what article of the RPC? a) Art. 161 b) Art. 171 c) Art. 181 d) Art. 163

12. For Falsification by a Public Officer under Art. 171, it is essential that the officer: a) Received a bribe b) Took advantage of his official position c) Caused monetary damage to the government d) Was in connivance with a private person

13. A witness in a murder case deliberately lies in court to help the accused get acquitted. What crime did the witness commit? a) Perjury b) False testimony favorable to the defendant c) False testimony against the defendant d) Subornation of perjury

14. A doctor issues a medical certificate stating a person is sick and unfit for work, even though the person is perfectly healthy, to help the person skip work. The doctor is liable for: a) Falsification of a public document b) Falsification of a private document c) Issuing a false medical certificate d) Perjury

15. A person who uses a fake name to hide from police after committing a robbery commits: a) Illegal use of alias b) Falsification c) Using a fictitious name d) Estafa

16. Which of the following is considered a commercial document for purposes of falsification? a) Birth Certificate b) Passport c) Warehouse Receipt d) Private love letter

17. What crime is committed by a person who enters into an agreement to prevent free competition in the market? a) Machinations in Public Auctions b) Monopolies and combinations in restraint of trade c) Unfair competition d) Estafa

18. Falsification of a private document is punished only if: a) It is used in a judicial proceeding b) The offender is a public officer c) There is damage or intent to cause damage d) The document is a check

19. A teller in a telegraph office changes the contents of a message to be sent. The teller is liable for: a) Falsification of a private document b) Falsification of a public document c) Falsification of wireless, telegraph, or telephone messages d) Estafa

20. Altering the date on a genuine public document to change its effect is an act of: a) Forgery b) Mutilation c) Falsification d) Perjury

21. A person who imports fake US dollars into the Philippines is liable for: a) Forging treasury or bank notes b) Importing false coins c) Importing false or forged obligations or securities d) Estafa

22. If a private individual fakes a Community Tax Certificate (CTC), what crime is committed? a) Falsification of a private document b) Falsification of a public document c) Forgery d) Estafa

23. False testimony is different from perjury because false testimony is always given in: a) An affidavit b) A public document c) A judicial proceeding d) A private document

24. The penalty for false testimony against a defendant is highest when the defendant is sentenced to: a) A correctional penalty b) A fine c) Reclusion perpetua d) An afflictive penalty

25. A public officer who issues a false certificate of merit is liable under: a) Art. 171 b) Art. 174 c) Art. 175 d) Art. 183

Answer Key & Explanations

B - Falsification of a public document. An official police report is a public document. The officer made an untruthful statement in a narration of facts (Art. 171, par. 4).
C - Refusing to testify in court. This is not a mode of falsification; it may constitute other offenses like contempt of court.
C - The presence of damage or intent to cause damage. This is the key element that distinguishes falsification of a private document (Art. 172, par. 2) from that of a public document.
B - Falsification of a public document. A notarized document is a public document. A private individual committing falsification on a public document is liable under Art. 172, par. 1.
C - Forging treasury or bank notes. Paper currency is covered by Art. 166 of the RPC.
C - The offender must know the currency is fake. Knowledge of the forgery is the essence of this crime. Connivance with the forger is not required under Art. 168.
D - Perjury. A preliminary investigation is not a judicial proceeding. Falsehoods under oath before a fiscal are prosecuted as perjury under Art. 183.
C - Illegal use of uniform or insignia. The act of publicly and improperly wearing a uniform to bring it into contempt or ridicule falls under Art. 179.
C - Machinations in public auctions. This is the specific crime of interfering with a public auction by promising to refrain from bidding (Art. 185).
C - Mutilation. Art. 164 specifically punishes the act of mutilating a coin of legal tender.
A - Art. 161. This article specifically punishes the counterfeiting of the Great Seal.
B - Took advantage of his official position. This is a key element for a public officer to be liable for falsification under Art. 171.
B - False testimony favorable to the defendant. The lie is intended to help the accused, which is punishable under Art. 181.
C - Issuing a false medical certificate. Art. 174 specifically punishes physicians who issue false medical certificates.
C - Using a fictitious name. The purpose of using the fake name is to conceal a crime or evade judgment, which is an element of Art. 178.
C - Warehouse Receipt. Commercial documents are those used by merchants or business people in their trade, such as warehouse receipts, bills of lading, and checks.
B - Monopolies and combinations in restraint of trade. Art. 186 punishes agreements that prevent free competition.
C - There is damage or intent to cause damage. Art. 172, par. 2 explicitly requires this element.
C - Falsification of wireless, telegraph, or telephone messages. Art. 173 specifically covers this act by an employee of a telecommunications company.
C - Falsification. This is one of the eight ways of committing falsification under Art. 171 (altering true dates).
C - Importing false or forged obligations or securities. Foreign currency falls under "obligations or securities" for the purpose of forgery laws (Art. 166).
B - Falsification of a public document. A Community Tax Certificate is a public document. The crime is falsification of a public document by a private individual (Art. 172).
C - A judicial proceeding. False testimony (Arts. 180-182) is specifically for false statements in court, while perjury (Art. 183) covers oaths in other legal proceedings.
D - An afflictive penalty. Art. 180 imposes a higher penalty if the defendant against whom false testimony is given is sentenced to an afflictive penalty.
C - Art. 175. This article specifically punishes public officers who issue false certificates of merit or service.