Monday, December 05, 2011

Rosalio S. Galeos v. People of the Philippines/ Paulino S. Ong v. People of the Philippines, G.R. Nos. 174730-37/G.R. Nos. 174845-52, February 9, 2011.

Falsification of public documents; elements. The elements of falsification of public documents under Article 171, par. 4 of the Revised Penal Code (“RPC”) are as follows: (a) the offender makes in a public document untruthful statements in a narration of facts; (b) he has a legal obligation to disclose the truth of the facts narrated by him; and (c) the facts narrated by him are absolutely false. In addition to the afore-cited elements, it must also be proven that the public officer or employee had taken advantage of his official position in making the falsification. In falsification of public document, the offender is considered to have taken advantage of his official position when (1) he has the duty to make or prepare or otherwise to intervene in the preparation of a document; or (2) he has the official custody of the document which he falsifies. Likewise, in falsification of public or official documents, it is not necessary that there be present the idea of gain or the intent to injure a third person because in the falsification of a public document, what is punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed. Rosalio S. Galeos v. People of the Philippines/ Paulino S. Ong v. People of the Philippines, G.R. Nos. 174730-37/G.R. Nos. 174845-52, February 9, 2011.

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