Falsification of Documents: Meaning
Quick answer
Falsification of documents is the crime of making a document false through one of the acts listed in Article 171 of the Revised Penal Code, such as imitating a signature, making it appear that someone took part in an act when he did not, or altering a true date. A public officer who does it by taking advantage of the office is punished under Article 171. A private person is punished under Article 172, which also punishes knowingly using a falsified document.
Also called: Falsification, Use of falsified documents
What acts count as falsification?
Article 171 lists eight acts. Four of them read:
- Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
- Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
- Making untruthful statements in a narration of facts;
- Altering true dates;
The other four are: counterfeiting or imitating any handwriting, signature or rubric; making an alteration or intercalation in a genuine document that changes its meaning; issuing in authenticated form a document purporting to be a copy of an original when no such original exists, or a copy that differs from the original; and intercalating any instrument or note in a protocol, registry or official book.
Who is liable, and what are the penalties?
| Who and what | Article | Penalty |
|---|---|---|
| Public officer, employee or notary who falsifies a document, taking advantage of the official position | 171 | Prision mayor (6 years and 1 day to 12 years) and a fine not exceeding ₱1,000,000 |
| Private person who falsifies a public or official document, a letter of exchange or another commercial document | 172, par. 1 | Prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years) and a fine of not more than ₱1,000,000 |
| Any person who falsifies a private document, to the damage of a third party or with intent to cause damage | 172, par. 2 | Same as paragraph 1 |
| Any person who knowingly uses a falsified document in court or to the damage of another | 172, par. 3 | The penalty next lower in degree |
The fines were set by Republic Act No. 10951 (2017). The ranges come from Articles 27 and 76. See Article 172 for the full explanation.
Who counts as a "private individual"?
In Garong v. People (2016), the Supreme Court listed the elements of falsification by a private individual under paragraph 1 of Article 172: the offender is a private individual, or a public officer or employee who did not take advantage of his official position; the offender committed any of the acts in Article 171; and the falsification was committed in a public, official or commercial document. So a government employee who falsifies a document without using his position falls under Article 172.
Is intent to cause damage needed?
For public or official documents, no. In Typoco v. People (2017), the Supreme Court said that intent to gain or to injure is not necessary, because "what is punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed." For private documents, paragraph 2 of Article 172 requires damage to a third party or the intent to cause it.
How is it different from perjury and estafa?
Example
Made-up illustration: Toni, a private person, imitates the signature of a government official on a certificate that the official's office issues. Imitating a signature is one of the acts in Article 171, and the certificate is an official document, so paragraph 1 of Article 172 applies even if Toni did not mean to harm anyone.
For more, see Falsification of documents: penalties.
Which provisions use this term?
Frequently asked questions
What is falsification in simple words?
It is making a document tell a lie: for example imitating a signature, making it appear that someone took part in an act when he did not, or altering a true date. Article 171 of the Revised Penal Code lists eight such acts, and Article 172 refers to the same list.
Who can commit falsification?
Anyone. Article 171 covers a public officer, employee or notary who falsifies a document by taking advantage of his official position. Article 172 covers private individuals, and also public officers who did not take advantage of their position.
What is the penalty for falsification by a private person?
For a public, official or commercial document, prision correccional in its medium and maximum periods, from 2 years, 4 months and 1 day to 6 years, and a fine of not more than ₱1,000,000 (Article 172, as amended by Republic Act No. 10951).
Is intent to cause damage needed?
Not for public or official documents. In Typoco v. People (2017), the Supreme Court said what is punished there is the violation of public faith. For private documents, Article 172 requires damage to a third party or intent to cause it.
Is using a fake document a crime?
Yes. Article 172, paragraph 3 punishes knowingly introducing a falsified document in evidence in a court case, or using one to the damage of another or with intent to cause damage, with the penalty next lower in degree.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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