Dec 13, 2011

Law 101: Forgery or Falsification? Know The Difference!

Normally, when we see people imitating signature of another, what comes to mind would be the word forgery, that the person is forging the signature of another, well, it’s not ladies and gentlemen, the Law defines the act as Falsification and not Forgery.

If you may ask when will Forgery be rightfully used?

According to Book 2, Title 4, Chapter 1 Section 1 of the Penal Code of the Philippines, the word Forgery can only be applied to counterfeiting the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive (President) or when a person is counterfeiting treasury or bank notes on other documents payable to bearer.

This would mean that only when you imitate the signature of the President of the country, or counterfeit its seal or any bank notes or treasury bills that you be charge of Forgery, other than the aforementioned, the act is called falsification, but either way, you will be criminally liable, so never ever dare to do it.

So the next time you see people imitating the signature of another, call them falsifier and the act as falsifying.

Just so you know!


How about this one... My father passed away in 2004, he left a piece of land with no title yet at that time, we have a stepmother and my father has 3 children with our step mother. We then divide the property under extra judicial settlement to divide it into 2 parts. 1/2 for the first family and the other 1/2 to the second family. Everybody signed an agreement. Then the first family worked onto putting a tittle under my father's name. After that, we left/entrusted the title to our step-mother. Here's the problem, in 2013, ou stepmother made a waiver stating that we waived our 1/1 share of the land in favor of her. But we never signed any in 2013 as most of the members of the first family were all OFWs. My step mother thru that faked waiver, she was able to transfer the title solely under her name and able to mortgaged it in the bank, and planning to sell a portion of our share. Due to our neighbors and friends reports, we were able to catch her before she sells it. What or how do you consider this act? Thank you.


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