Dear PAO,
I have a friend who is working in the city hall. This friend of mine issues PWD (person with disability) cards to people for a very, very small fee. She barely benefits from issuing such PWD cards. She only wants to help poor people, especially students, get PWD discounts since everything is so expensive now. This friend just provides a service to the needy, even though they are not exactly PWDs. Anyways, the local government discovered her scheme and is accusing her of committing the crime of falsification of public documents. This is so unfair because my friend is just helping others. Please tell me that she will not get into any legal trouble.
Xalora
Dear Xalora,
Unfortunately, your friend did in fact commit the crime of Falsification of Public Documents. Her supposedly altruistic intentions and lack of personal benefit will not negate her liability for the said crime.
The Supreme Court, speaking through Associate Justice Presbitero Velasco Jr., in the case of Laurinio Goma and Natalio Umale v. the Court of Appeals, et al. (GR 168437, Jan. 8, 2009), explained what falsification of public documents means in the following:
“ART. 171. Falsification by public officer, employee; or notary or ecclesiastical minister.—The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: xxx
“The elements of the crime of falsification of public documents, as above defined and penalized, are:
“1. That the offender is a public officer, employee, or notary public.
“2. That he takes advantage of his official position.
“3. That he falsifies a document by causing it to appear that persons have participated in any act or proceeding.
“4. That such person or persons did not in fact so participate in the proceeding. xxx
“Finally, petitioners urge their acquittal on the theory that they did not benefit from, or that the public was not prejudiced by, the resolution in question, it not having been used to obtain the PhP 18,000 seminar funds. The argument holds no water. Falsification of a public document is consummated upon the execution of the false document. And criminal intent is presumed upon the execution of the criminal act. Erring public officers’ failure to attain their objectives, if that really be the case, is not determinative of their guilt or innocence. The simulation of a public document, done in a manner so as to give it the appearance of a true and genuine instrument, thus, leading others to errors as to its authenticity, constitutes the crime of falsification.”
Here, while you alleged that your friend barely benefited from her transactions, the truth is that she issued PWD cards to people who were not PWDs. She used her position at the local government unit to actively falsify public papers to make people appear as PWDs just to get discounts. Such actions are most certainly examples of the crime of falsification of public documents. Please tell your friend to see a lawyer immediately.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
