WHAT IS FORGERY Forgery may be termed as the fraudulent making or alteration of a writing to the prejudice of another man's right.

A person commits forgery if he: 1. Makes any false document or any part of it, 2. With an intent to: a) cause damage or injury to the public or any person, b) support any claim or title, c) cause any person to part with property d) cause any person to enter into express or implied contract, e) commit any fraud or that the fraud may be committed. PUNISHMENT 1. Whoever commits forgery shall be punished with imprisonment, which may extend to two years, or with fine or both. 2. Where the forgery is committed with intent to cheat then the punishment shall extend to seven years and will also be liable to fine. 3. Where there is fraudulent cancellation or destruction of the will, authority to adopt or valuable security, then the person committing such mischief shall be punished with imprisonment for life, or imprisonment which may extend to seven years, and shall also be liable to fine Title Four FORGING committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; to make false instrument intended to be passed for a genuine one. FALSIFICATION committed by erasing ,substituting, counterfeiting or altering by any means the figures, letters, words, or signs contained therein

CRIMES AGAINST PUBLIC INTEREST Chapter One FORGERIES Section One. Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive. Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.

Acts punished: a.Forging the great seal of the Government b.Forging the signature of the President c.Forging the stamp of the President When the signature of the President is forged, it is not falsification but forging of signature under this article Signature must be forged, others signed it not the President. Art. 162. Using forged signature or counterfeit seal or stamp. The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article. ELEMENTS: a.That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person b.That the offender knew of the counterfeiting or forgery. c.That he used the counterfeit seal or forged signature or stamp. Offender is NOT the forger/not the cause of the counterfeiting

Art. 166. Forging treasury or bank notes on 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 forged obligations or notes, shall be punished as follows: 1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has been falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands. The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature.chanrobles virtual law library 2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. 3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. Three acts punished under A166: 1. Forging or falsification or treasury or bank notes or other document payable to bearer. 2. Importation of such false or forged obligations or notes 3.Uttering of such false or forged obligations or notes in connivance with the forgers or importers Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer . Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos. ELEMENTS: 1. That there be an instrument payable to order or other documents of credit not payable to bearer. 2. That the offender either forged, imported or uttered such instrument. 3. That in case of uttering, he convinced with the forger or importer. Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. ELEMENTS: 1. That any treasury or bank note or certificates or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable tobearer is forged or falsified by another person. 2. That the offenders knows that any of these instruments is forged or falsified. 3. That he performed of these acts. a. using of any of such forged or falsified instrument or b. possessing with intent to use of any of such forged or falsified instrument Art. 169. How forgery is committed. The forgery referred to in this section may be committed by any of the following means: 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. Section Four. Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message. Art. 170. Falsification of legislative documents. The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: 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, 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.

Art. 172. Falsification by private individual and use of falsified documents. The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and 2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. ELEMENTS: 1.Offender private individual or public official or employee who did not take advantage of his official position; 2 . H e c o m m i t t e d a n y o f t h e a c t s o f falsification enumerated in art 171 3.Falsification was committed in a public, official, or commercial document.