Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

People v. Po Giok To, G.R. No. L-7236 June 30, 1955

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

G.R. No.

L-7236             April 30, 1955

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,


vs.
PO GIOK TO, defendant-appellee.

FACTS:
On or about the 7th day of January, 1952, in the City of Cebu, the said accused,
with intent to falsify or forge a public document, did then and there wilfully, unlawfully
and feloniously falsify, or forge a public document consisting of residence certificate No.
A-1618529 issued to him in the City of Cebu, on January 7, 1952, by e representative of
the City Treasurer of Cebu, to wit: by misrepresenting to the said representative of the
City Treasurer of Cebu that his name is Antonio Perez, that his place of birth is Jaro,
Leyte and that his citizenship is Filipino, and by means of such misrepresentation, said
representative of the City Treasurer of Cebu was made to issue and write, and in fact
did issue and write, on the corresponding lines on said residence certificate No. A-
1618529 the name of Antonio Perez, as the name of the taxpayer, Jaro, Leyte as his
place of birth, and Filipino as his citizenship, thus causing it to appear that the said
residence certificate No. A-1618529 dated January 7, 1952, was issued to one Antonio
Perez with his place of birth as Jaro, Leyte, and with his citizenship as Filipino, when in
truth and in fact, as the accused well knew, his true name is Po Giok To, his place of
birth is Amoy, China, and his citizenship is Chinese.

ISSUE: Whether Po Giok To is liable for the crime of Falsification by private individuals
and use of falsified documents under Article 172 of the RPC. (YES)

HELD:
In the falsification of public or official documents, whether by public officials or by
private persons, it is unnecessary that there be present the idea of gain or the intent to
injure a third person, for the reason that, in contradiction to private documents, the
principal thing punished is the violation of the public faith and the destruction of the truth
as therein solemnly proclaimed.
The obligation on the part of the accused to disclose the truth as to the facts that
should appear in a residence certificate to be issued to him, is inherent in the very
nature and purpose of said document. Hence, if a person buying a residence certificate
gave to the clerk of the treasurer's office false information as to his full name, place and
date of birth, citizenship, civil status, length of residence in the Philippines, length of
residence in the city or municipality where the certificate is issued, occupation or calling,
which are required to appear in the residence certificate by Com. Act No. 465, for the
purpose of establishing his true and correct identity, he thereby committed falsification
as principal by induction in making false statement in the narration of fact.
The law is clear that wrongful intent on the part of the accused to injure a third
person is not an essential element of the crime of falsification of public document.

You might also like