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ACT
(SEE
ARTICLE
162
USING
FORGED
SIGNATURE OR COUNTERFEIT SEAL OR
STAMP
Elements:
(1) The great Seal of the Republic was
counterfeited OR the Signature or stamp of
the Chief Executive was forged by another
person;
(2) Offender Knew of the counterfeiting or
forgery;
(3) He Used the counterfeit seal or forged
signature or stamp.
Remember:
Offender under this article
should not be the forger. Otherwise, he will
be penalized under Article 161. The
participation of the offender is in effect that
of an accessory.
Although the general rule is that he should
be punished by a penalty of two degrees
lower, under Article 162 he is punished by a
penalty only one degree lower.
ARTICLE 163 - MAKING AND IMPORTING
AND UTTERING FALSE COINS
Elements:
(1) There be False or counterfeited coins;
(2) Offender either made, imported or
uttered such coins;
(3) In case of uttering such false or
counterfeited coins, he Connived with the
counterfeiters or importers.
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them
away. A counterfeited coin is uttered when it
is paid, when the offender is caught counting
the counterfeited coins preparatory to the
act of delivering them, even though the
utterer may not obtain the gain he intended
[Decisions of the Supreme Court of Spain]
Acts punished
(1) Mutilating coins of the legal currency,
with the further requirement that there be
intent to damage or to defraud another;
(2) Importing or uttering such mutilated
coins, with the further requirement that there
must be connivance with the mutilator or
importer in case of uttering.
The first acts of falsification or falsity include:
(1) Counterfeiting
(2) Forgery
(3) Falsification
In so far as coins in circulation are
concerned, there are two crimes that may be
committed:
(1) Counterfeiting coins
(2) Mutilation of coins
Requisites of Mutilation under the RPC:
(1) Coin mutilated is of legal tender;
(2) Offender gains from the precious metal
dust abstracted from the coin;
(3) It has to be a coin.
Mutilation means to take off part of the
metal either by filling it or substituting it for
another metal of inferior quality.
Since the coins before
and/or other precious
metal from the coins
Hence, the coins
diminished.