Crim 2 (Articles 172-180)
*Note: Articles 188-194 are repealed by Intellectual Property Code
and the Dangerous Drugs Act (See concerned laws for details)
*Articles 195-199 are also repealed by RA 9287 (See concerned law
for details)
Article 172 (Falsification by private individuals and use of falsified
documents)
 Q: If a public doc has been falsified, is it punishable?
o A: Yes.
 Q: What if it’s a public officer of employee, is there a need
for an intent?
o A: No need so long as it is a public document. As it is
a violation of public trust
 Q: What if I wrote a love letter to a girl and I signed the
name of another person, am I criminally liable for the
falsification of a private document?
o A: So long as there is damage, then falsification may
be charged.
 Private Document: Anything that is written by any private
individual
o Can only be turned into a public document if:
 Notarized
 When it becomes a part of an official record
certified by an officer duly authorized by
law
 Q: Those provided in 171, until where does the falsification
of a private document covers
o A: Only until letter 1st to the 6th  Because the rest
is for public documents
 Q: In falsification of private persons does it include
commercial documents
o A: Yes. Commercial documents is regulated by the
commerce law. However, there are only specific
commercial documents are entered by private
persons as provided by law. If such documents are
falsified, such private persons may be covered.
 Example of such documents are cheques,
coupons, bill of lading, etc.
 Coupon: A certificate evidencing
the obligation to pay an installment
of interest, or a dividend that must
be cut and presented to its issuer fir
payment when it is due.
 Q: When does a private document become a public
document?
o A: By the stamping of a notary public and by affixing
the document into a public record by a public officer
duly authorized by law.
 If the crime is the falsification of public documents by public
officer, then damage is not necessary, otherwise, it is
necessary in the courts of law.
Article 173 (Falsification of Wireless, cable, telegraph and
telephone messages and the use of said messages)
 Q: Can you give an example?
o A: Using a recorder to record another person’s voice
and use such recording to trick a person.
 o When they received a message wirelessly and o A: Not anymore according to Judge Pimentel
transcribe such message in paper with alteration. because we already have an industry for that
o However, ther
Article 174 (False medical certificates, false certification of merit or
service, etc.)

 Q: There is a circular of the SC now regarding health

certificates. What is it?
o A: If a private practitioner issues a med cert to a
private person, it must be under oath by a notary or
other officers authorized to administer oath. Oath is
not necessary if examined by public health officer.
(See this circular please) Penalty is 5000-10000
pesos

Article 175 (Using False Certificates)

 Q: If a person is found using false certificates, what is the

ruled regarding possession?
o A: The general is if the person is in possession of
false certificates, he shall be presumed that he
falsified such document unless proven otherwise
 It is necessary that he knows that the document was
falsified. If he did not know, then it can be a defense against
the offense. Rule is: lack of criminal intent means no
criminal act.

Article 176 (Manufacturing, importing, and possession of

instruments or implements intended for the commission of
falsification)

 Q: Do you believe that the country is still importing or

introducing to the Philippines such instruments for the
counterfeiting and falsification of documents