Files or documents are very essential in every transaction. At times, these can also serve as pieces of evidence in court, or just simply proof or evidence in general. By definition, a document is any writing that creates a legal right or obligation or a document that proves some fact. Although holding legal power, there are instances wherein documents are tampered with, creating a falsified document. This is a writing that has been unlawfully altered wherein there is a change in the material or legal effects.
Key Classifications
There are different classifications of documents, and each hold different purposes and carry varied legalities. A public document is executed or issued by any public official in the exercise of their functions. Moreover, this can also be required by law to be recorded in public registry such as notarial documents, birth certificate, and other PSA related files. Official documents are defined as those that are an integral part of the official records of government offices. Some examples of these are clearances, official receipts, and the like. Third classification is the Commercial Document which is used to promote or facilitate in transactions or any commercial related activities. These are invoices, letters of exchange, trust receipts, contracts, and the like. Lastly, private documents are those that are created by any private person that does not fall under the previous three categories.
Legal Basis 1
Falsification of documents is governed by Articles 170-176 of the Revised Penal Code. Article 170 discusses the falsification of legislative documents, Article 171 covers falsification by public officers, falsification by private individuals under Article 172. These articles also provide the legal consequences, elements, and modes of commission under falsification of documents.
Article 171
Article 171 specifically covers falsification done by public officers, employees, or notary public. When during the course of their official duties and they falsified documents, it assumes that they take advantage of their position. With that, penalties for them are heavier. The documents that have been altered are classified as public or official documents.
Article 172
This provision covers falsification committed by private individuals, whether involving public, official, commercial, or private documents. It also penalizes the knowing use of falsified documents. On the other hand, Article 172 of the Revised Penal Code governs the provision on the falsification of documents by private individuals. The offender in this case is any private individual who has altered a private document, public document, or commercial documents. The offender must have also committed all the acts of falsification. Furthermore, it also penalizes and governs over the use of falsified documents.
In the case of Herrera vs People, Naomi Herrera was an Audit Analyst who was accused of falsifying a Bids and Awards Committee document. The court acquitted her of the crime, holding that the prosecution failed to prove 2 essential elements of the crime. They ruled that there was a failure in establishing beyond reasonable doubt that the accused took advantage of her position. The court also acquitted her for the reason that her criminal intent to defraud was not proven as well2.
Articles 173-176
Articles 173-176 governs over the related offenses that are covered with under falsification of documents. Article 173 covers falsifications made through different media such telegraphs, telephone, messages and the like. Articles 174-175 tackles the production of false certificates, such as medical certificates, and the provision also penalizes such acts. Article 176 penalizes the manufacturing and possession of tools that are and will be used specifically to falsify documents.
Elements
There are 4 elements in falsifying a document. There must be an existence of a document. There must be an actual document that is the subject of forgery or falsification, these can be public, official, commercial, or private documents. These are typically relied upon as an authentic instrument. Next, there should be alteration or the execution of falsifying. There must be changes made to the document that changes its purpose, essential details, and legal effects. Third, there must be an intent to falsify or defraud another individual. The offender must have altered the document with the intention of gaining an unlawful benefit. Clerical errors without deceitful intent do not constitute the crime. Lastly, there should be a capability to cause damage. The falsification should pose potential injury or damage, and actual damage may not always need to be proven.
Modes of Commission
The Revised Penal Code also discussed the specific acts of falsification or the modes of commission. These are as follows
- Handwriting or signature forgery
- Causing the document to appear that certain people participated even if they did not
- Attributing to persons statements other than those in fact made by them.
- Making untruthful statements in narration of facts
- Altering true dates
- Making alterations that changes the meaning of the document and,
- Issuing authenticated copies containing statements contrary to the genuine original.
Legal Consequences
The revised penal code provides various legal consequences for such crimes that may range from administrative ones, civil liabilities, imprisonment, fines, and disqualification if the offender is a public official. For civil liabilities, its effects could be damages, nullity of the falsified document, and negative effects on properties. Administrative consequences differ depending on the offender. For public servants, they may face dismissal or dishonesty, IBP discipline for notary public, and corporate policy sanction for others. Prison mayor (6 years and 1 day to 12 years) if the offender is a public officer who falsified public, official, or commercial documents. They may also face permanent disqualification from office. On the other hand, prison correccional (6 months and 1 day to 6 years) is imposed upon offenders who are private individuals. Fines may also be imposed in addition to imprisonment. The amount would depend on the severity of the offense, type of document, and the effect of the falsified document.
- Revised Penal Code of the Philippines, Act No. 3815, arts. 170–176 (1930) (Phil.). ↩︎
- Herrera v. People, G.R. Nos. 217064–65, June 13, 2023. ↩︎
