Page 139 - ADMINISTRATIVE MANUAL

139

Article 171 of the Revised Penal Code provides for the penalty of prison mayor (8 to 14
years) and a fine of not to exceed P5,000.00 shall be imposed any public officer, employee,
notary public or ecclesiastical minister who is taking advantage of his position, shall falsify a
document by committing any of the following:

➢ Counterfeiting or imitating any handwriting or signature of any person in any record
or document;
➢ Causing it to appear that persons have participated in any act or proceeding when
they did not really participate;
➢ Attributing to persons who have participated in an act or proceedings statement other
than those in fact made by them;
➢ Making untruthful statements in narration of facts;
➢ Altering true dates in certain documents or records;
➢ Making any alteration or intercalation in a genuine document which changes its true
meaning;
➢ Issuing an authenticated form a document purporting to be a true copy of an original
document when no such document originally exists, or including such copy a
statement contrary to or different from that of the original; and
➢ Interpolating any instrument or note relative to the issuance thereof in a protocol,
registry or official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of
the aforementioned offences of this article, with respect to any record or document of such
character that its falsification may affect the civil status of a person.

Article 226. Revised Penal Code speaks of the unauthorized removal, concealment or
destruction of records and documents. Any public officer who shall remove, destroy or
conceal any records or documents or papers entrusted to him without any authority, shall
suffer the following penalties:
➢ The penalty of prison mayor (8 to 14 years) and fine of not exceeding P1000.00
whenever a serious damage shall have been caused thereby to a third party or the
public interest;
➢ The penalty of prison correctional (6 mos. To 2 years) in its minimum period and fine
exceeding P 1000.00 shall be imposed whenever the damage caused a third party or
public interest shall not be serious.
➢ In either case, the additional penalty of temporary disqualification in the government
service to a maximum period of special disqualification shall be imposed.
➢ In order to convict a certain person under this case, the following elements are
required:
❖ That the offender must a public officer;
❖ That he abstracts, destroys or conceals a document or records;
❖ That said document or record should have been entrusted to such public
official by reasons of his Office;
❖ That the damage whether serious or not to a third party or the public interest
should have been caused.

Article 227 of the Revised Penal Code. Officer breaking seal.

Article 228 is embodied in the Revised Penal Code to penalize any public officer or
employee found guilty of opening a closed document. He shall suffer the penalty of arrest to
mayor, plus a fine of P1,000.00 and disqualification from holding a public office. The damage
caused in this article is not a requirement.