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Falsification by public officer, employee or notary or ecclesiastic minister, Revised Penal Code

1. Concept

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. – The penalty of prisión mayor and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any public officer, employee, or notary who, taking advantage of his of position shall falsify a document by committing any of the following acts:
1. Counterfeiting or using 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, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons., (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1st Mode

1) The offender is a public officer, employee, notary;

2) He takes advantage of his official position; and,

3) He shall falsify a document by committing any of the following acts:

a) Counterfeiting or imitating any handwriting, signature or rubric;

b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;

c) Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;

d) Making untruthful statements in a narration of facts;

e) Altering true dates;

f) Making any alteration or intercalation in a genuine document which changes its meaning;

g) Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or

h) Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. (Article 171, Ibid.)

2nd Mode

1) The offender is an ecclesiastical minister;

2) He takes advantage of his official position; and,

3) He commits any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.

References

Title 4 – Crimes Against Public Interest, Book 2, Revised Penal Code

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