This case has been cited 2 times or more.
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2009-04-16 |
QUISUMBING, J. |
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| The contentions raised by the petitioners are nothing new, considering that the same had already been resolved in the case of Bustillo v. Sandiganbayan.[13] In that case, we held that "the term fraud as used in Section 13 of Rep. Act No. 3019 is understood in its generic sense, which is, referring to an instance or an act of trickery or deceit especially when involving misrepresentation."[14] In Merriam Webster's Dictionary of Law, fraud had been defined "as any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage; or specifically, a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby."[15] We thus ruled in the afore-cited case that falsification of municipal vouchers, although penalized under Title Four and not Title Seven, Book II of the Revised Penal Code, constitutes fraud upon public funds, and accordingly upheld the suspension pendente lite of the petitioner therein pursuant to Section 13 of Rep. Act No. 3019.[16] | |||||
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2009-01-08 |
VELASCO JR., J. |
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| In fine, the element of gain or benefit on the part of the offender or prejudice to a third party as a result of the falsification, or tarnishing of a document's integrity, is not essential to maintain a charge for falsification of public documents.[22] What is punished in falsification of public document is principally the undermining of the public faith and the destruction of truth as solemnly proclaimed therein. In this particular crime, therefore, the controlling consideration lies in 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.[23] | |||||