CRIMINAL LAW – III. REVISED PENAL CODE – BOOK TWO – TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
Overview of Title Four: Crimes Against Public Interest
Title Four of the Revised Penal Code (RPC) addresses crimes that threaten or harm the public's trust in the integrity of documents, currencies, weights, measures, and government services. These crimes involve deceit, fraud, falsification, and counterfeiting, directly undermining public confidence in institutions or instruments that society relies on for stability.
Key Provisions and Offenses
1. Counterfeiting of the Great Seal, Currency, or Other Instruments of Public Authority
- Article 161: Counterfeiting the Great Seal of the Government of the Philippines
- Acts punished:
- Forging the Great Seal or the signature of the President.
- Penalty: Reclusión temporal and a fine.
- Acts punished:
- Article 162: Using Forged Signature or Seal
- Acts punished:
- Knowingly using a forged signature or seal.
- Penalty: Prisión mayor and a fine.
- Acts punished:
2. Counterfeiting of Currency
- Article 163: Making and Importing Counterfeit Philippine Currency
- Covers:
- Forging coins or currency notes legally authorized in the Philippines.
- Importing counterfeit currency.
- Penalty: Reclusión temporal and a fine.
- Covers:
- Article 164: Mutilation of Coins – Importation and Possession of Mutilated Coins
- Acts punished:
- Mutilating coins of legal tender.
- Importing or possessing mutilated coins with intent to defraud.
- Penalty: Prisión correccional for mutilation; Prisión mayor for possession with intent to defraud.
- Acts punished:
- Article 165: Selling Instruments for Forgery
- Covers:
- Possession or selling of tools used in counterfeiting.
- Penalty: Prisión mayor.
- Covers:
3. Falsification
- Article 166: Forging Treasury or Bank Notes
- Forging or knowingly using falsified treasury/bank notes or documents payable to bearer.
- Penalty: Reclusión temporal.
- Article 167: Counterfeiting Foreign Currency
- Covers:
- Forging currency legally authorized in another country.
- Penalty: Reclusión temporal.
- Covers:
- Article 168: Illegal Possession of Instruments for Counterfeiting Currency
- Acts punished:
- Possessing instruments for counterfeiting.
- Penalty: Prisión mayor.
- Acts punished:
4. Crimes Relating to Documents
- Article 169: Falsification of Legislative, Public, Commercial, and Private Documents
- Types of falsification:
- Altering genuine documents.
- Fabricating false documents.
- Counterfeiting documents or adding untruthful statements.
- Penalties:
- Prisión mayor for legislative/public/commercial documents.
- Prisión correccional for private documents.
- Types of falsification:
- Article 171: Falsification by Public Officer, Employee, or Notary
- Acts punished:
- Committing falsification while holding a public office or performing notarial acts.
- Penalty: Prisión mayor and a fine.
- Acts punished:
- Article 172: Falsification by Private Individuals
- Covers:
- Falsifying public, official, or commercial documents.
- Use of falsified documents.
- Penalty: Prisión correccional.
- Covers:
5. Other Offenses Against Public Interest
- Article 173: False Testimony in Official Matters
- Giving false testimony in legislative or judicial proceedings.
- Penalty: Prisión correccional to prisión mayor, depending on severity.
- Article 174: False Medical Certificates, Certificates of Merit, or Service
- Acts punished:
- Issuance of false certificates by professionals (doctors, lawyers, public officials).
- Penalty: Arresto mayor or fine.
- Acts punished:
- Article 175: Use of False Certificates
- Knowingly using a false certificate.
- Penalty: Arresto mayor.
6. Crimes Relating to Weights, Measures, and Commerce
- Article 176: Manufacturing, Possession, and Use of False Weights and Measures
- Covers:
- Manufacturing, selling, or using tampered weights or measuring devices.
- Penalty: Arresto mayor and a fine.
- Covers:
Elements of Key Offenses
Falsification of Documents (Art. 171 and 172)
- Public Documents
- The offender is a public officer or employee with custody of the document.
- The document falsified is a public or official document.
- The alteration is intentional and aimed to cause damage.
- Private Documents
- The offender is a private individual.
- The document falsified is private.
- Intent to commit fraud or cause damage.
Counterfeiting Currency (Art. 163)
- Forging or imitating Philippine legal tender.
- Importing or selling counterfeit money.
- Knowledge that the currency is counterfeit.
- Intent to defraud.
Important Jurisprudence
- People v. Tanchoco: Established that intent to defraud must be proven in crimes involving falsification.
- People v. Sandiganbayan: Clarified that material damage is not always necessary for public document falsification; harm to public trust suffices.
- People v. De la Cruz: Defined the scope of falsification in private documents.
Mitigating and Aggravating Circumstances
- Mitigating: Voluntary surrender, restitution of damage caused, or lack of intent to defraud.
- Aggravating: Committing the crime in official capacity or using sophisticated means.
Procedural Aspects
- Filing of Charges: Complaints for crimes against public interest typically require:
- Direct evidence of falsification or counterfeiting.
- Testimony of expert witnesses (e.g., handwriting analysts).
- Material evidence (e.g., forged documents or counterfeit notes).
- Prosecution’s Burden: Proof beyond reasonable doubt, especially of fraudulent intent and knowledge of falsity.
By dissecting these articles, one gains a comprehensive understanding of how the Revised Penal Code safeguards the integrity of public trust, documents, and commerce. This intricate balance ensures that offenders are held accountable for crimes that undermine societal stability.