This case has been cited 3 times or more.
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2009-07-20 |
LEONARDO-DE CASTRO, J. |
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| Jurisprudence[30] has already settled that in the falsification of public or official documents, whether by public officials or by private persons, it is not necessary that there be present the idea of gain or intent to injure a third person. This notwithstanding, it cannot be denied that petitioner consummated his act in falsifying the documents, and which documents petitioner used in successfully obtaining the tax declaration in the names of the alleged applicants causing prejudice to the real occupant, Efren Tayag. | |||||
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2007-09-12 |
CHICO-NAZARIO, J. |
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| 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.[53] It is jurisprudentially settled that in the falsification of public or official documents, whether by public officers or private persons, it is not necessary that there be present the idea of gain or the intent to injure a third person for the reason that, in contradistinction to private documents, the principal thing punished is the violation of the public faith and the destruction of truth as therein solemnly proclaimed.[54] In falsification of public documents, therefore, the controlling consideration is the public character of a document; and the existence of any prejudice caused to third persons or, at least, the intent to cause such damage becomes immaterial.[55] | |||||
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2000-12-05 |
BELLOSILLO, J. |
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| All the elements of falsification through the making of untruthful statements in a narration of facts are present: (a) That the offender makes in a document statements in a narration of facts; (b) That he has a legal obligation to disclose the truth of the facts narrated by him; (c) That the facts narrated by the offender are absolutely false; and, (d) That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person. In People v. Po Giok To[39] the Court held that "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 contradistinction to private documents, the principal thing punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed." Hence, the last requisite need not be present. Also, petitioners themselves have affirmed in their petition that their Personal Data Sheets were not sworn to before any administering officer[40] thereby taking their case away from the confines of perjury. Nonetheless, they argue that they have no legal obligation to disclose the truth in their PDS since these are not official documents. We disagree. In Inting v. Tanodbayan[41] the Court held that "the accomplishment of the Personal Data Sheet being a requirement under the Civil Service Rules and Regulations in connection with employment in the government, the making of an untruthful statement therein was, therefore, intimately connected with such employment x x x x"[42] The filing of a Personal Data Sheet is required in connection with the promotion to a higher position and contenders for promotion have the legal obligation to disclose the truth. Otherwise, enhancing their qualifications by means of false statements will prejudice other qualified aspirants to the same position. | |||||