Elements:

171
Offender is a PO,
notary public or
ecclesiastical
minister
-document
falsified is any
docu
-Damage is not an
element but the
erosion of public
faith in the docu

-PO took
advantage of his
official position
-when committed
estafa as a
necessary means
complex crime is
committed

172
-includes a priv.
indv

docu falsified is
classified into PO,
and Commenrcial
and private
Damage is an
element sa falsi of
priv docu and in
te use of falsified
document in
judicial
proceedings
-did not

-if committed
either estafa or
falsi has been
committed;
coupled to show
intent to defraud
173) Falsification of wireless,
cable, telegraph and telephone
messages, and use of said
falsified messages.
3 acts:
1)Uttering fictitious wireless, telagraph
or telephone message
2)Falsifying wireless, telegraph or
telephone message
3)Using such falsified message
1)Uttering fictitious wireless,
telagraph or telephone message

1)officer or employee of the govt or

private corp engaged in the service of
sending or receiving wireless, cable or
tel mesg
2)Uttering or Falsifiying fictitious
wireless, telagraph or telephone
message
Liable:engaged in the service of
sending or receiving wireless,
cable, telegraph
Use of falsified messages
1)accused knew that w, c, t, or t msg
was falsified by any of the persons
specified in the first par of art 173
2)accused used such falsified dispatch
3)use of falsified dispatch resulted in
the prejudice of a 3rd party, or that the
use thereof was w/intent to cause such
prejudice
Private indv cannot be a principal
by direct participation in falsi of
telegraphic dispatches y? dapat
employee of that said corp engaged in
the business of sending msgs
However, he may be charged of
principal by INDUCEMENET

Sec 4 act no 1851 punsishes any

person who forges or alters a telegram
knowing the same to be forged
174 False medical cert, False cert
of merit or service

Cert-any writing by which testimony is

given that a fact has or not taken
place
Persons liable for falsi of cert
1)physician or surgeon(illness or injury
of a person)->crime is False Medical
2)Public officer(merit, service, good
conduct or similar
circumstances)>crime is False Cert of
Merit or Service by a public officer
3) Priv indv> False med cert by a priv
indv or False cert of merit or service
by a priv indv

176
Manufacturing and possession of
instruments or implements for
falsification
Acts
1)making or introducing into the Phil.
Any stamps, dies, marks or other
instru or implements for counterfeiting
or falsi
2)Possessing w/ intent to use the
instru made in or introduced into the
Phil by another person

Falsi of the cert of large cattle not

covered by art 174-bec of the
omissionpropert which is now
covered in art 171 or 172

The implements confiscated need

not form a complete set-sufficient
employed by themselves or together
w/ other implements to commit the
crime of counterfeiting or falsi

Similar circumstance->Certificate of
residence for voting purposes

ART 165 and 176 RPC also punish

constructive possession

175

Possession contemplated- not only

actual but constructive possession

Using false certificates

Elements
1) Physician or surgeon issued a
false medical cert or a public
officer or a priv. person had
falsified any of said certs.
2) Offender knew that the cert was
false
3) Used the same
*If false cert were used in judicial
proceeding-art 175 will apply
Sec 6.-Manufacturing, importing,
and possession of instru, or
implements intended for the
commission of falsification

Chapter 2 Other Falsifies

Sec 1-Usurpation of authority,
rank, title, and improper use of
names, uniforms and insignia
177-Usurpation of authority or
official functions
1)Usurpation of authority
2)Usurpation of official functions
2 ways of committing the crime
under art 177
1)Knowingly and falsely representing
oneself to be an officer, agent or rep
of the gov or foreign govt

*mere act of knowingly and falsely

representing oneself to be an officer is
sufficient.
2)By performing any act pertaining to
any person in authority or public
officer of the govt or foreign UNDER
PRETENSE OF OFFICIAL POSITION and
w/o being lawfully entited to do so
*essential that he performed an act
pertaining to a person in authority
The acts performed must pertain
to
a)the govt
b)any person in authority
c)to any PO
There must be positive, express
and explicit representation
-otherwise he wont be convicted
False rep may be shown by acts
-his acts in blowing whistle, stopping
buses sufficiently establish his
culpability for the crime of usurpation
of official functions
Art 177 May be violated by a PO
-applies to any person; the law does
not distinguish
Usurper-one who introduces himself
into an office that is vacant, or who,
w/o color of title ousts the
incumbent and assumes to act as an
officer by exercising some of the
functions of the office
NA to art 177 does not apply to
occupant under color of title

Additional penalty for usurping

the authority of diplomatic or
consular or any other official of a
foreign govt
-w/intent to defraud
RA 10-Usurpation of Authority
Essence:Person who w/ or w/o
pretense of official position shall
perform any act pertaining to the govt
or to any person in authority w/o being
lawfully entitled to do so
The act performed, w/o the
offender being lawfully entitled in
do so, must pertain 1)the govt, or
2)any person or authority, 3)or
any public officer
-applicable only to members of
seditious org engaged in subversive
act
-elimination of the element under art
177 the element of pretense of official
position
178)Using fictitious name and
concealing true name
Elements(using fictitious name)
1)uses a name other than his real
name
2)uses that fictitious name publicly
3)purpose:a)conceal a crime,b)evade
the execution of a judgement; c) cause
damage to public interest
Fictitious name
-other name which a person publicly
applies to himself w/o authority of law
is a fictitious name

Causing damage must be to Public

interest
-if priv interest; crime will be ESTAFA
Signing fictitious name in an
application for passport is publicly
using such fictitious name

Law on illegal use of alias-intent to

publicly use the alias must be
manifest
-to be considered public, must be
made openly or in an open manner to
cause it to become generally known

-To evade the execution of

judgement or to conceal a crime

*will the use of another name in a

singe instance constitute use of an
alias

-and the one who takes his place has

to use a fictitious name to conceal the
crime of delivering a prisoner form jail

-no.Alias name must be used

habitually and publicly

*may be complexed w/ the crime of

delivering prisoners from jail
No complex-evasion of service of
sentence
Elements(concealing true name)
a)conceals true name
b)all other personal circumstances
c) Only to conceal his identity
Fictitious name
Element of
PUBLICITY must
be present
Purpose I the 3
enumerated acts

Concealing true
name
Not necessary

Merely to conceal
identity

Use of unregistered aliases

-no person shall use any name diff
from the one with which he was
registered at birth in the office of the
local civil registry or in the bureau of
immigration

When can a resident Filipino

citizen use an alias legally
1)cinema or other entertainment
purpose where use of pseudonym is
normally accepted practice
b)other original or real name recorded
in toe proper local civil registry
c)substitute name authorized by
competent court
179
Illegal use of uniforms or insignia
Elements:
1)Use of insignia, uniform or dress
2)pertains to an office not held by the
offender or to a class of persons of
which he is not a member
3)used publicly and improperly
*improper-no right to use the uniform
Wearing the uniform of an
imaginary office, not punishable

-if pertains to an office which DOES

NOT EXIST, not violated

seriously exposes it to MISCARRIAGE

of JUSTICE

Exact imitation of a uniform or

dress is unnecessary

180)False testimony against a

defendant

-colorable resemblance calculate to

deceive the common run of people-not
familiar w/ every detail or accessory

Elements

*a layman who wears publicly the

ecclesiastical habit of a priest liable

2)offender testifies falsely under oath

against the defendant

RA 75 Using uniform, decoration

or regalia of FOREIGN STATE

3)offender who gives false testimony

knows that it is false

-w/ intent to deceive or mislead

*testify on MATERIAL MATTERS

RA 493-punishes the wearing of

insignia badge, or emblem of the AFP
or Constabulary

4)defendant-either acquitted or
convicted in a final judgement

EO-297-punishes the illegal

manufacture, sale, distribution and
use of PNP uniforms
SECTION 2-FALSE TESTIMONY
False testimony-committed by a
person who being under oath or
required to testify to the truth of a
certain matter

1)criminal proceeding

*required CRIMINAL INTENT thus

negligence, attempted or frustrated
cannot be committed
Penalty depends upon the
sentence of the defendant against
whom false testimony was given
-if defendant is
Convicted-reclusion temporal,
acquitted-arresto mayor

-at a hearing before a competent

authority shall deny the truth or say
something contrary to it

Defendant-sentenced at least to a
correctional penalty, or a fine, or
acquitted

3 forms of False testimony

The witness who gave false

testimony is liable even if his
testimony not considered by the
court y? law intends to punish MERE
GIVING OF FALSE TESTIMONY

1)in criminal cases

2)civil cases
3)other cases
Nature: Reprehensible, odious when
committed in a JUDICIAL
PROCEEDINGS constitutes an
imposition upon the court and

Applies to SPL follows nomenclature of

the RPC
Good faith is a defense

Testimony must be complete