Falsifying Wills Philippines

Understanding the Legal Ramifications of Falsifying Wills

In the legal landscape of the Philippines, the act of falsifying a last will and testament is considered a grave offense. This is particularly covered under the Revised Penal Code (RPC) Articles 171 and 172, which focus on forgery and falsification of public, official, or commercial documents.

Types of Offenses

Forgery: This involves the act of fraudulently making or altering a document to the prejudice of another's rights.
Falsification: This involves the intentional act of imitating or altering an authentic document to misrepresent its content.

Legal Remedies

Victims of a falsified will have various options for seeking justice. These typically include:

Criminal Case: Under the Revised Penal Code, the falsifier could be criminally liable for forgery or falsification. Penalties may range from imprisonment to fines.
Civil Case: Damaged parties may also file a civil case to recover assets or to restore their rights, independent of the criminal case.
Administrative Case: If the perpetrator is a licensed professional like a lawyer or notary public, an administrative case may be filed for disbarment or professional sanction.

Evidence and Documentation

To successfully file a case, the plaintiff must collect substantial evidence proving the will was falsified. This may include:

Expert Testimony: A handwriting expert may be used to compare the authentic signature with the falsified one.
Document Trail: Documents that can establish a timeline or sequence of events leading to the falsification.
Witness Statements: Testimonies from people who have relevant information about the creation or modification of the falsified will.

Conclusion

Falsifying a will is a serious offense in the Philippines with substantial legal consequences. Parties who suspect that a will has been falsified should act swiftly in collecting evidence and seeking legal advice. The law provides multiple avenues for redress, which can both penalize the perpetrator and rectify the wrongful deprivation of assets or rights.