Below is a general discussion of who may file charges for falsified documents in the Philippines, the nature of the crime under Philippine law, and the corresponding procedures and considerations. This information is for general educational purposes and does not constitute legal advice. For specific concerns, consult a qualified Philippine attorney.

1. Overview of Falsification Under Philippine Law

1.1 Definition of Falsification

In Philippine criminal law, “falsification of documents” generally falls under the umbrella of falsification or forgery offenses penalized by the Revised Penal Code (RPC). Articles 171 to 179 of the RPC categorize various forms of falsification, including:

Falsification of public documents
Falsification of private documents
Falsification of commercial documents

A person commits falsification if they perform any of the following acts (among others) with the intent to cause damage or create the possibility of damage:

Counterfeiting or imitating any handwriting, signature, or rubric.
Causing it to appear that persons participated in any act or proceeding when they did not in fact do so.
Attributing statements in a judicial or official proceeding to persons who did not make them.
Altering true dates.
Making untruthful statements in a narration of facts.

1.2 Relevant Legal References

Articles 170-179, Revised Penal Code – define and penalize falsification of legislative, public, official, commercial, and private documents.
Rules of Court, particularly the Rules on Criminal Procedure – govern how complaints are initiated, investigated, and prosecuted.
Local ordinances and special laws may also apply if the falsification pertains to specific documents (e.g., licenses, permits).

2. Who May File Charges for Falsification of Documents

2.1 General Principle: The Offense Is “Public” in Nature

Crimes involving falsification are typically considered public crimes. This means:

Any person who has knowledge of the offense (not just the directly offended party) can report and file a complaint with the authorities.
The government, through the Office of the City or Provincial Prosecutor (Public Prosecutor), ultimately has the power to institute the criminal action on behalf of the State.

2.2 Specific Individuals or Entities That May File

The Offended Party / Aggrieved Individual
- If you are the direct victim of the falsification—e.g., your signature or document was forged or altered—then you have standing to file a formal complaint or affidavit in the City/Provincial Prosecutor’s Office or through the police/National Bureau of Investigation (NBI).
Any Private Citizen with Personal Knowledge
- Falsification of documents is classified under the RPC as a public offense. Consequently, any private citizen who knows of the crime may file a complaint, even if they are not directly harmed.
- However, the complaint will be more credible and likely to move forward if the complainant can present evidence or explain their personal knowledge of the falsification.
Law Enforcement Agencies
- Philippine National Police (PNP) or the NBI may initiate investigations upon receiving information about possible falsification.
- If during their own investigations they discover falsified documents, they can file the corresponding criminal complaint or recommend that the public prosecutor do so.
Public Officials and Offices
- Heads of government agencies, bureaus, or offices whose official documents have been falsified may formally refer the matter to the public prosecutor or law enforcement agencies.
- Government auditors and investigators (e.g., the Commission on Audit, Office of the Ombudsman for government-related documents) may likewise initiate or recommend prosecution if the documents in question are connected to public transactions or government funds.
The Public Prosecutor (on behalf of the State)
- Ultimately, all criminal cases (including falsification) must be pursued by the Office of the City/Provincial Prosecutor after conducting a preliminary investigation and determining probable cause.
- Even if no specific individual files a complaint, the prosecutor can move forward if they come into possession of credible evidence suggesting falsification.

3. Process of Filing Charges

3.1 Filing a Complaint or Affidavit

Typically, you begin by executing a Complaint-Affidavit—a sworn statement detailing the facts of the alleged falsification.
This Complaint-Affidavit and the supporting documents (e.g., the falsified document, proof of your genuine signature, or certifications comparing authenticity) are submitted to:
- The City or Provincial Prosecutor’s Office, or
- Law enforcement agencies (PNP, NBI), which will refer the complaint to the appropriate prosecutor.

3.2 Preliminary Investigation

Once the complaint is submitted, the Prosecutor’s Office conducts a preliminary investigation to determine if there is probable cause to believe that a crime has been committed and that the respondent (the accused) is probably guilty.
This involves:
1. Submission of counter-affidavits by the accused.
2. Possible clarifications, additional evidence, or witness statements.
3. A resolution by the Prosecutor’s Office as to whether to file an Information in court or dismiss the complaint.

3.3 Filing of Information in Court

If probable cause is found, the prosecutor will prepare and file an Information (a formal charge) in the appropriate trial court.
From that point, the criminal case proceeds under the supervision of the judiciary, with the accused entitled to present a defense.

4. Elements and Key Considerations in Prosecuting Falsification

Intent to Falsify
- The prosecution must prove that the accused knowingly and deliberately falsified the document. An honest mistake or inadvertent alteration typically does not amount to falsification.
Material Alteration or Fabrication
- The changes or statements made must be “material”—capable of affecting the integrity, veracity, or authenticity of the document. Trivial modifications that do not affect the document’s legal efficacy might not constitute falsification.
Damage or Potential Damage
- The law requires the falsification to cause damage (actual or potential) or at least the possibility of damage. This might be financial damage or prejudice to a person’s right, or an unlawful benefit accrued by the perpetrator.
Nature of the Document
- Offenses involving public or official documents are penalized more severely than those involving private documents.
- Documents that are notarized, records of public offices, or those required by law to be kept (e.g., birth certificates, land titles, public contracts) often fall within the stricter “public/official” category.

5. Potential Consequences

5.1 Criminal Penalties

Imprisonment (prisión mayor, prisión correccional, etc., depending on the classification of the falsification).
Fines – The court may impose fines as part of the penalty.
Other Penalties – Additional disqualifications, such as disqualification from public office if the offender is a public official.

5.2 Civil Liability

The crime of falsification can also give rise to civil liability for actual or moral damages, especially if the falsification directly harmed another person’s rights or property.

5.3 Administrative Sanctions

For public officials and employees found guilty of falsification, administrative sanctions may include dismissal from service, suspension, or forfeiture of benefits.

6. Practical Tips for Parties Involved

Gather Evidence Promptly
- Keep the original of the alleged falsified document (if possible).
- Obtain comparisons of signatures or supporting documents (e.g., government IDs, receipts, expert handwriting analysis) to bolster your case.
Consult an Attorney
- Even though falsification is a public crime, engaging a lawyer helps you navigate the complexities of filing, ensure proper documentation, and address potential defenses of the accused.
Coordinate with Authorities
- If you suspect document falsification, approach the PNP or NBI to initiate an investigation; they can provide guidance on evidence collection.
- This can reinforce the credibility of the complaint when it reaches the Prosecutor’s Office.
Act Promptly
- Delays in reporting or filing a complaint can lead to difficulties in securing evidence and witnesses.

7. Key Takeaways

Falsification of documents is a public offense in the Philippines, meaning any person with knowledge can file a complaint—though typically, the aggrieved party initiates the charges.
Government bodies and law enforcement agencies also have authority to investigate and pursue charges on their own initiative.
Final authority to file criminal cases in court resides with the Office of the City or Provincial Prosecutor, which must first conduct a preliminary investigation.
Potential penalties can be severe, especially if the document is public or official.
Consultation with an attorney is advisable for individuals seeking to file or defend against falsification charges.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. For questions regarding your specific situation, consult a licensed attorney in the Philippines.