The Presumption of Authorship in Falsification Cases

G.R. Nos. 107041-42, May 15, 1996

Imagine discovering that the land title you thought was legitimate is actually a forgery. The potential loss of property and the ensuing legal battles can be devastating. The Supreme Court case of Feliciano Maliwat vs. Hon. Court of Appeals and the Republic of the Philippines delves into the complexities of falsification of public documents, particularly focusing on the presumption that the person who benefits from a falsified document is the author of the falsification. This case serves as a crucial reminder of the importance of due diligence in verifying the authenticity of official documents, and the serious consequences of possessing and using forged titles.

Understanding Falsification Under the Revised Penal Code

Falsification of public documents is a crime under Article 172, in relation to Article 171, of the Revised Penal Code. These provisions outline the various ways a public document can be falsified and the corresponding penalties. A public document is essentially any document created by a public official in the exercise of their duties or any document that is acknowledged before a notary public.

Article 171 lists several acts that constitute falsification, including:

• Counterfeiting or imitating any handwriting, signature, or rubric
• Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate
• Making untruthful statements in a narration of facts
• Altering true dates
• Making any alteration or intercalation in a genuine document that changes its meaning
• Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original

Article 172 addresses the liability of a private individual who commits falsification. It states, in relevant part:

“Any private individual who commits any of the falsifications enumerated in the next preceding article in any public or official document or letter of notification shall suffer the penalty of prision correccional in its medium and maximum periods and a fine of not more than 5,000 pesos.”

For example, if someone alters their birth certificate to appear younger in order to secure a job, they could be charged with falsification of a public document. Similarly, creating a fake deed of sale to claim ownership of a property also constitutes this crime.

The Case of Feliciano Maliwat: A Detailed Breakdown

The case began when Feliciano Maliwat presented what he claimed were reconstituted Transfer Certificates of Title (TCTs) to the Register of Deeds of Cavite. Acting Register of Deeds Atty. Milagros Santiago suspected the signatures of former Register of Deeds Escolastico Cuevas on the TCTs were forged. Upon verification with the Clerk of Court, Atty. Rolando Diaz, it was confirmed that no such reconstitution orders existed.

Here’s a timeline of the key events:

• 1975: Maliwat presents the TCTs to the Register of Deeds, raising suspicion about their authenticity.
• 1976: While Atty. Santiago was on leave, Maliwat applied for and obtained administrative reconstitution of the titles from the acting Register of Deeds, Atty. Jorge Gutierrez.
• 1977: Two informations were filed against Maliwat for falsification of public documents.
• 1978: Maliwat was arraigned and pleaded not guilty.
• 1986: The trial court found Maliwat guilty.
• 1988: The trial court amended its decision.
• 1991: The Court of Appeals affirmed the trial court’s decision.
• 1996: The Supreme Court affirmed the Court of Appeals’ decision.

During the trial, the prosecution presented evidence that the serial numbers on the TCT forms were not intended for use in Cavite, and that the signatures of Escolastico Cuevas were indeed forged. Maliwat argued that he had purchased the land and the titles were legitimately issued to him.

The Supreme Court emphasized a crucial point: “The settled rule is that in the absence of satisfactory explanation, one found in possession of and who used a forged document is the forger and therefore guilty of falsification.“

The court further stated, “If a person had in his possession a falsified document and he made use of it (uttered it), taking advantage of it and profiting thereby, -the clear presumption is that he is the material author of the falsification.“

Practical Implications and Lessons Learned

This case underscores the importance of verifying the authenticity of documents, especially land titles. It highlights the legal principle that possession and use of a falsified document create a presumption that the possessor is the author of the falsification, absent a credible explanation. This places a significant burden on individuals dealing with official documents to exercise due diligence.

For businesses and individuals involved in real estate transactions, this case provides these key lessons:

• Verify, verify, verify: Always independently verify the authenticity of land titles and other official documents with the relevant government agencies.
• Question discrepancies: Be wary of any inconsistencies or irregularities in documents, such as mismatched serial numbers or unusual annotations.
• Seek expert advice: Consult with a lawyer specializing in land registration and titling to ensure the legitimacy of transactions.

Frequently Asked Questions

What is a public document?

A public document is any document created by a public official in the exercise of their duties, or any document acknowledged before a notary public.

What are the penalties for falsification of public documents?

Under the Revised Penal Code, a private individual found guilty of falsifying a public document faces prision correccional in its medium and maximum periods (ranging from 2 years, 4 months, and 1 day to 6 years) and a fine.

What does “uttering” a falsified document mean?

“Uttering” a falsified document means using or presenting it as genuine, taking advantage of it, or profiting from it.

How can I verify the authenticity of a land title?

You can verify a land title by checking with the Registry of Deeds in the locality where the property is located. You can also engage a lawyer or title company to conduct a title search.

What should I do if I suspect a document is falsified?

If you suspect a document is falsified, immediately report it to the authorities, such as the National Bureau of Investigation (NBI) or the police. You should also consult with a lawyer.

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