Specific Crimes

Falsification

• Falsification can be committed by a public officer who takes advantage of their position and falsifies a public document.
• Intent to imitate is required for falsification under Paragraph 1, but no intent to gain is needed generally

General Notes on Falsification

• The falsified document can be genuine or nonexistent.

Falsification by a Public Official

• Involves imitating a signature, causing a false appearance of participation, attributing untrue statements, or altering dates.
• It also includes making false statements or issuing a document copy when the original is nonexistent of different.

Falsification by a Private Individual

• Consists of falsifying a public or private document, with intent to damage required when falsifying a private document.

Estafa

• Estafa involves being defrauded through abuse of confidence or deceit and causing damage or intending to cause damage.

Estafa - Paragraph 1a (Altering)

• It requires an existing obligation.
• There must be an alteration, which causes damage

Estafa - Paragraph 1b (Misappropriation/Conversion/Denying)

• It requires that something is received
• Any of the prohibited acts is done
• Damage must be caused and a demand is made

Estafa - Paragraph 1c (Using a signature in blank)

• Requires a blank signature received by the offender.
• Offender uses it without authority, creating liability.

Estafa - Paragraph 2a (False Pretense)

• Requires use of false pretense.
• The false pretense is connected to the crime.
• The offended party is induced damage occurs.

Estafa - Paragraph 2d (Post-Dated Check)

• Centers on obligation

BP 22 - 1st Paragraph

• Involves making a check and putting it on account.
• The maker must know the check has insufficient funds and the check must be dishonored.

BP 22 - 2nd Paragraph

• Requires sufficient funds initially.
• The maker fails to maintain funds, leading to dishonor of the check.

Swindling

• Covers pretending to be the owner of personal property, not disclosing encumbrances on real property, and unlawful taking of juridical possession.

Other Deceits

• Encompass using false pretense, executing fraud, and causing damage.

Syndicated Estafa

• Committed by 5 or more people forming a juridical entity.
• They commit estafa or swindling and use collected stockholder money to commit the crime.

Theft

• Requires intent to gain, taking property without violence, and without the owner's consent.

Qualified Theft

• Involves a domestic servant, abuse of confidence, carnapping, coconuts, fish, or is related to a calamity.

Direct Bribery

• The offender must be a public official who accepts an offer, promise, or gift due to their official duty.
• It includes agreeing to perform, accepting to perform, or agreeing to refrain.

Indirect Bribery

• The offender must be a public official who accepts gifts for their office.

Falsification - Elements

• The offender must be a public officer, employee, or notary public abusing their position.
• They must falsify a document as stated in Article 171.
• If the offender is an ecclesiastical minister, it must affect civil status via record or document falsification.

Falsification - Document

• Concerns any written statement establishing a right or extinguishing an obligation.
• Includes duly authorized papers that can be proven and affirmed.
• Must be a complete, genuine public, or official document due to the first element of falsification.

Falsification - Public vs Private Documents

• Public documents are notarized, become part of public record, and involve official acts/treaties.
• Private documents lack notary intervention and are commercial.

Falsification - Official vs Commercial Documents

• Official documents are mandated by law for official duties and originate as official.

Falsification - Need for Genuine Document

• Not always required as falsification can involve simulating/fabricating documents.
• Intercalation/alteration is needed, as mentioned in paragraph 6-8

Falsification - Intent to Gain

• It is not required.
• What matters is the violation of public faith and destruction of truth.
• Damage is also not an element,

Falsification - Counterfeiting/imitating Acts

• Includes counterfeiting any handwriting, signature, or rubric, or feigning via creating a signature that doesn't exist

Falsification - Requisites for Counterfeiting

• It requires intent or has attempt to imitate and genuine/forged signatures with resemblance.
• Sufficient resemblance indicates intent; no intent means no falsification

Causing False Appearance of Participation

• Involves an offender causing it to appear that persons participated in an act/proceeding when they did not, and no intent to imitate is required

Falsification in Attributing False Statements

• Centers on an offender attributing statements to someone in a document that differ from what they actually made.
• The person participated in something and made statement, then offender attributed different information.

Falsification - Untruthful Statements

• Offender makes false statements in a narration where they have a legal duty to disclose the truth,
• The facts must be absolutely false.
• It must be made with wrongful intent or to injure a third person.

Legal Obligation and Good Faith

• A legal obligation is when a law requires the truth's disclosure.
• Good faith is a defense if statements aren't completely false; it is not if intent is obvious or presumed.

Falsification - Altering True Dates

• The altered date must be essential; its impact should affect the document's veracity or effects.

Falsification - Alteration/Intercalation

• Requires an alteration or insertion in a genuine document, changing its meaning.
• The change must make the document convey something false.

Falsification - Alteration About Something False

• Occurs only if yes alteration speaks the truth is not falsification.

Falsification - Issuing Authenticated False Copy

• Only committed by a public officer/notary-public.
• Intent to gain/prejudice not needed.
• Official character of the offender mainly considered

Falsification Art. 172 - Private Individuals

• Offender must be a private individual or a public officer not abusing their position,
• The crime involves public/official/commercial documents.

Falsification Art. 172 - Author

• The author is presumed to be the possessor of a certificate.
• It is not necessary to intend to cause damage.
• The key offense is violating public faith and truth destruction.

Falsification Art. 172 - Private Documents

• Involves committing any acts of falsification, except paragraph 7, on a private document.
• Falsification must damage a third party or is done to cause damage.

"Intent to Cause Damage"

• Includes performing an independent act to use the falsification.
• The act of causing the damage itself is what matters

"Damage"

• Is normally material but can include damage to honor.

Use of Falsified Document - During Legal Action

• Requires offender knowledge that the document was falsified by another individual.
• The false document must fall under Art. 171 or 172, and the offender must present it as evidence

Use of Falsified Document - Other Transactions

• Requires offender knowledge that the document was falsified.
• The document must fall under Art. 171 or 172.
• Damage to others or proving intent to cause damage is necessary

Use of Falsified Document - Complex Crime

• If it is already consummated and the act is used with damage equates to estafa.
• It is because damage is not an element of falsification, but it is an element of estafa.

Complex Crime Components

• Only falsification is needed as means.
• Deceiving is required, with a public document involving two crimes and a private one only one crime.

Requisites for the Crime Estafa

• The accused defrauded another through abuse of confidence or deceit.
• Damage or prejudice is needed

Estafa - Paragraph 1a: Altering Substance/Quality

• The Offender must have an obligation to deliver the thing of value
• The offender alters the substance or quality
• Damage or a prejudice is caused to another individual

Paid Obligations & Agreement

• If the obligation is not paid and there is an alteration there is no estafa
• By altering, the delivery of anything of value must be "by virtue of an onerous obligation to do so".
• If the thing delivered wasn't acceptable because they did not agree on the quality then there is no estafa

Estafa & the Law

• According to the law estafa can still be present even for an illegal thing because the laws says even though obligation is immoral.

Estafa - Paragraph 1b

• The money and goods must be received by the offender

Paragraph 1b: Requisites

• The goods is received by the offender in trust.
• There must be an misappropriation or conversion or a denial of the thing on their party.
• There must be an intent to prejudice another person.
• The offended party must demand the goods from the offender.

Types of Estafa

• Misappropriating is taking as your own
• Converting is using as your own
• Denying is claiming the thing wasn't acquired

Juridical Possession

• Transfer of guilt to the accused as his own use
• Made by contract of agreement between both parties to transfer the right of ownership.

Goods in Trust

• Taking a portion of harvest as a tenant belongs to landlord.
• Failure to bank the money as directed
• Not turning in money for rentals.

Effect of Transfers

• If ownership is transferred then it won't be estafa
• Loans doesn't matter, nor contract for sale.

Estafa - Novation

• Changing the contract will not prevent the past crime happening.
• If estafa is already committed then they can still be sued for its public offense

Fraud in Estafa

• Need to prove fraudulent intent as there is a breach of contract through missappropriation

Elements not Required

• Permanent damage isn't necessary
• Any change in the possession of the goods.

Lack of Demand

• Demand isn't necessary but Failure to account will become circumstantial Evidence.

Estafa - Paragraph 1c, Taking Signature

• Offended party signs a blank piece of paper.
• Offender adds terms of his own
• This creates liability for the offended or damages property.

Estafa - Paragraph 2

• Using false pretense
• The false pretense must occur prior to the fraud
• There must be reliance.
• The aggrieved must believe that fraud is genuine
• Offended has incurred damaged because of the incident.

Kinds of Estafa

• Using a false name or lying about authority.
• False property
• Credit
• Agency or business or other deceits.

False Promises

• There must be evidence to make sure the promise is genuine
• If it cannot be proven the conclusion can't be provided.

Estafa - Bad Checks

• Requires no funds is made in an issued check when it already had no balance.

Notice of Dishonor

• There must be a notification the check has no balance to prove they still issued it.

Violations of BP 22

• Violations of lack of finances in its current state

Sections regarding law in its current state.

• Making payments with 0 funding
• Claiming it

Requirements

• Must be sufficient and not a fraud
• Has knowledge of it
• Notified it

Claim of Lack of Knowledge

• Is not an argument

Lying about it

• Committing to only do business

Liable

• Still a violator of 22

If drawer lied and kept the fund but then had it removed

• He is not liable because it was not within 90 days of appearing to be there.
• Is only relevant prima facia evidence
• Can be still said guilty if

It's the exception

• After days notice is written and there wasn't any checks happening.
• As a form of acceptance with its notice.

As a form

• It's in writing.
• Notice for collection from office is not enough.

What if drawer is imprisoned?

• Is still imprisoned by 22
• There is no debate with double standards.

Periods

• Within 5 days the person can make good on the payment but needs to justify
• 90 Days of maintaining to not destroy any financial
• Make the check valid.

Doesn't mention

• The law will determine of the nature of its acceptance.

Unfaithful

• Any property

Who's the owner?

• Real goods and it's the transfer of owner to its seller.