Scribd
Upload
651 views

Falsification, Art. 171, RPC

This document discusses the crime of falsification under Article 171 of the Philippine Penal Code. It provides that for falsification to have occurred through untruthful statements in a narration of facts, the following elements must be present: (1) the offender makes untruthful statements in a document, (2) they have a legal obligation to disclose the truth, (3) the facts narrated are absolutely false, and (4) the perversion of truth was made with wrongful intent to injure a third party. Additionally, the document notes that mere misdeclaration in a statement of assets, liabilities, and net worth does not automatically constitute dishonesty unless the accumulated wealth is disproportionate to the employee

Uploaded by

RD Lopez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
651 views

Falsification, Art. 171, RPC

This document discusses the crime of falsification under Article 171 of the Philippine Penal Code. It provides that for falsification to have occurred through untruthful statements in a narration of facts, the following elements must be present: (1) the offender makes untruthful statements in a document, (2) they have a legal obligation to disclose the truth, (3) the facts narrated are absolutely false, and (4) the perversion of truth was made with wrongful intent to injure a third party. Additionally, the document notes that mere misdeclaration in a statement of assets, liabilities, and net worth does not automatically constitute dishonesty unless the accumulated wealth is disproportionate to the employee

Uploaded by

RD Lopez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

LMU-Legal Research

Art. 171, RPC


xxx

xxx

xxx

Par. No. 4 Making untruthful statements in a narration of facts


xxx

xxx

xxx

Note: The rule is that if the statements are not altogether false, there being some colourable
truth in such statements, the crime of falsification is not deemed to have been committed.
It is a settled doctrine that in falsification by an employee under par. 4 of Art. 171 which reads
by making untruthful statements in a narration of facts, the following elements must concur
(a) That the offender makes in a document , untruthful statements in a narration of facts; (b)
That he has legal obligation to disclose the truth of the facts narrated by him; (c) That the facts
narrated by the offender are absolutely false [U.S. v. Bayot, 10 Phil. 518]; and (d) That the
perversion of truth in the narration of facts was made with the wrongful intent of injuring a third
person. [U.S. v. Reyes, 1 Phil. 341]
Note: There is no falsification by one who acted in good faith.
The statement in the affidavit that the affiant was the owner of a banca which he had raised
from the bottom of the estero by virtue of a contract with the municipality and that it remained
unclaimed, is not falsification because he believed that he was entitled to its ownership. [U.S. v.
San Jose, 7 Phil. 604]
*********
Mere misdeclaration of the SALN does not automatically amount to dishonesty. Only when the
accumulated wealth becomes manifestly disproportionate to the employees income or other
sources of income and the public officer/employee fails to properly account or explain his other
sources of income, does he become susceptible to dishonesty [Salumbides v. Office of the
Ombudsman, G.R. No. 180917, April 23, 2010]
It is a judicial dictum that there is no falsification by one who acted in good faith (U. S.
vs. San Jose, 7 Phil. 604; People vs. Unico, et. al. C.A. O.G. 1681). Although the accused
altered a public document or made a misstatement or erroneous assertion therein, he would not
be guilty as long as he acted in good faith (Yanza, 107 Phil. 883; Vicente Arceo, 17 Phil. 592).
107 Phil. 888, 890-891 (1960)

MQP

You might also like