Falsification of Documents: Penalties for Fake Papers
Quick answer
Falsifying a document is a crime under the Revised Penal Code. A private person who falsifies a public, official or commercial document faces prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years) and a fine of up to ₱1,000,000. A public officer, employee or notary who does it by taking advantage of the office faces prision mayor (6 years and 1 day to 12 years) and the same maximum fine. Knowingly using a fake document is also punished.
What acts count as falsification?
Article 171 lists eight acts. Article 172 refers to the same list. 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.
What are the penalties?
The fines below were set by Republic Act No. 10951 (2017). The prison terms did not change.
| Who and what | Article | Penalty | Range |
|---|---|---|---|
| Public officer, employee or notary who falsifies a document, taking advantage of the official position | 171 | Prision mayor and a fine not exceeding ₱1,000,000 | 6 years and 1 day to 12 years |
| 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 and a fine of not more than ₱1,000,000 | 2 years, 4 months and 1 day to 6 years |
| 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 | Same |
| Any person who knowingly introduces a falsified document in evidence in court, or uses one to the damage of another or with intent to cause damage | 172, par. 3 | The penalty next lower in degree | Not computed on this page |
The ranges come from Articles 27 and 76. Article 171 also applies the same penalty to an ecclesiastical minister who falsifies a record that may affect the civil status of persons.
Here is paragraph 1 of Article 172:
- Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document;
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: (1) the offender is a private individual, or a public officer or employee who did not take advantage of his official position; (2) the offender committed any of the acts in Article 171; and (3) the falsification was committed in a public, official or commercial document.
So a government employee who falsifies a document without using his position is treated under Article 172, not Article 171. In Garong, a court interpreter who simulated a court order was convicted under Article 172 in relation to Article 171. The fine imposed in that case followed the law before 2017, so it is not today's amount.
Is intent to cause damage needed?
It depends on the document:
- Public or official documents: no. In Typoco v. People (2017), the Supreme Court said that in falsification of public documents, intent to gain or to injure a third person is not necessary, because "what is punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed."
- Private documents: yes. Paragraph 2 of Article 172 requires that the falsification be to the damage of a third party, or with the intent to cause such damage.
Is falsification the same as perjury or estafa?
No, though they can overlap:
- [Perjury](/law/glossary/perjury) is a deliberate lie under oath, in an affidavit or sworn statement, on a material matter. See perjury in the Philippines.
- [Estafa](/law/glossary/estafa) is defrauding someone of money or property, for example by deceit. A fake document is sometimes the tool. See estafa penalty in the Philippines.
The prosecutor decides which crimes to charge on the facts.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
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.
Gab changes the amount on a private receipt to collect more money from his business partner. A receipt between private parties is a private document, so paragraph 2 needs damage to the partner or intent to cause it.
Liza knows a friend's employment certificate is fake but submits it in a court case to support her claim. Knowingly introducing a falsified document in evidence falls under paragraph 3, with the penalty next lower in degree.
How long is there to file a case?
The time limit depends on the penalty and is set by Article 90. See prescription of crimes. A pending case can show up as a "hit" in an NBI clearance; see the NBI hit status guide.
When do you need a lawyer?
Talk to a lawyer if you are accused of falsification or of using a falsified document, because the kind of document, the role of the accused and the use made of it change the charge and the penalty. A person who discovers a fake document used against him or her may also need a lawyer to decide which complaint fits. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is the penalty for falsification of a public document by a private person?
Under Article 172 of the Revised Penal Code, as amended by Republic Act No. 10951, it is 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.
What is the penalty when a public officer falsifies a document?
Under Article 171, a public officer, employee or notary who falsifies a document taking advantage of his official position faces prision mayor, from 6 years and 1 day to 12 years, and a fine not exceeding ₱1,000,000.
Is using a fake document a crime even if I did not make it?
Yes. Article 172, paragraph 3 punishes a person who knowingly introduces a falsified document in evidence in a court case, or who uses one to the damage of another or with intent to cause damage. The penalty is one degree lower than for the falsification itself.
Does falsification need intent to cause damage?
For public or official documents, no. In Typoco v. People (2017), the Supreme Court said intent to gain or to injure is not necessary, because what is punished is the violation of public faith. For private documents, Article 172 requires damage to a third party or intent to cause it.
Is a fake signature falsification?
Counterfeiting or imitating any handwriting, signature or rubric is the first act of falsification listed in Article 171. Whether it is falsification of a public or a private document depends on the document.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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