1. Concept
| Art. 166. Forging treasury or bank notes or other documents payable to bearer; Importing, and uttering such false or forged notes and documents – The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forced obligation or notes shall be punished as follows: |
| 1. By reclusion temporal in its minimum period and a fine not to exceed two million pesos (₱2,000,000), if the document which has been falsified, counterfeited, or altered is an obligation or security of the Philippines. |
| The words ‘obligation or security of the Philippines’ shall mean all bonds, certificates of indebtedness, national bank notes, coupons, Philippine notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the Philippines, and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress. |
| 2. By prisión mayor in its maximum period and a fine not to exceed one million pesos (₱1,000,000), if the falsified or altered documents is a circulating note issued by any banking association duly authorized by law to issue the same. |
| 3. By arresto mayor in its medium period and a fine not to exceed one million pesos (₱1,000,000), if the falsified or counterfeited document was issued by a foreign government. |
| 4. By prisión mayor in its minimum period and a fine not to exceed Four hundred thousand pesos (₱400,000), when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. (Act No. 3815, Revised Penal Code) |
2. Modes of commission
2 modes of committing the offense:
1) By forging or falsifying treasury or bank notes or certificates or other obligations and securities payable to bearer; or
2) By importing and uttering in connivance with forgers or importers of such false or forged obligations or notes.
a. By forging or falsifying treasury or bank notes or certificates or other obligations and securities payable to bearer
Elements of the offense:
1) The offender forges or falsifies treasury or bank notes or certificates or other obligations and securities payable to bearer;
b. By importing and uttering in connivance with forgers or importers of such false or forged obligations or notes
Elements of the offense:
1) The offender imports and utters in connivance with forgers or importers of such false or forged obligations or notes
3. Obligation or security
The words “obligation or security of the Philippines” shall mean all bonds, certificates of indebtedness, national bank notes, coupons, Philippine notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the Philippines, and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress. (Paragraph 3, Article 164, Act No. 3815, Revised Penal Code)
References
⦁ Title 4 – Crimes Against Public Interest, Book 2, Revised Penal Code
