Understanding the Prescription Period for Falsification of Public Documents

G.R. No. 141931, December 04, 2000

Imagine discovering that a property you thought was secured by a simple mortgage has been fraudulently transferred to someone else through a falsified deed. How long do you have to take legal action? The Supreme Court case of Aniceto Recebido v. People of the Philippines clarifies the crucial issue of when the prescription period begins for the crime of falsification of public documents, a key factor in determining whether legal recourse is still available.

This case revolves around Caridad Dorol’s discovery that a deed of sale, allegedly transferring her land to Aniceto Recebido, was falsified. The central legal question was whether the crime had already prescribed, barring prosecution, and when the prescriptive period actually commenced.

Legal Context: Prescription and Falsification

In the Philippines, the Revised Penal Code sets the rules for prescription, which essentially means the time limit within which legal action must be initiated for a crime. Once the prescription period expires, the state loses its right to prosecute the offense.

For falsification of public documents, Article 172 of the Revised Penal Code outlines the penalties. In this case, the imposable penalty is prision correccional in its medium and maximum periods and a fine. This falls under the category of correctional penalties.

Article 90 of the Revised Penal Code states that crimes punishable by correctional penalties prescribe in ten years. However, the critical point is when this ten-year period begins. Article 91 clarifies this, stating that the period starts “from the day on which the crime is discovered by the offended party, the authorities, or their agents.”

Example: If a falsified document is created in 2010, but the victim doesn’t discover it until 2020, the ten-year prescription period begins in 2020, not 2010.

The Supreme Court has also established that registration in a public registry serves as notice to the whole world. This means that the contents of the registry are considered constructive notice, and all persons are charged with knowledge of what it contains. This is a crucial factor in determining when the crime could have been discovered.

Case Breakdown: The Forged Deed

The story begins when Caridad Dorol sought to redeem her land from Aniceto Recebido, to whom she had mortgaged it years earlier. Recebido claimed she had sold him the property, presenting a Deed of Sale dated August 13, 1979. Dorol, however, insisted that the transaction was a mortgage, not a sale. Suspicious, Dorol checked with the Assessor’s Office and discovered the Deed of Sale registered under Recebido’s name.

An NBI document examiner compared Dorol’s signatures on other documents with the signature on the questioned Deed of Sale and concluded that the latter was falsified. This led to the filing of a criminal complaint against Recebido for Falsification of Public Document.

Here’s a breakdown of the case’s procedural journey:

• Regional Trial Court (RTC): Recebido was convicted.
• Court of Appeals (CA): The RTC’s decision was affirmed with a modification (deletion of damages).
• Supreme Court (SC): Recebido appealed, raising issues including prescription.

The Supreme Court addressed the prescription issue, stating:

“Under Article 91 of the Revised Penal Code, the period of prescription shall ‘commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, x x x.’”

The Court emphasized that Dorol only discovered the falsification on September 9, 1990, when Recebido refused her attempt to redeem the land. Even if Recebido’s version were believed, the alleged sale and subsequent registration couldn’t have occurred before 1983. Therefore, the ten-year prescriptive period had not yet elapsed when the information was filed in 1991.

Regarding Recebido’s authorship of the forgery, the Court noted:

“Since the petitioner is the only person who stood to benefit by the falsification of the document found in his possession, it is presumed that he is the material author of the falsification.”

Practical Implications: Protecting Your Property

This case highlights the importance of timely action upon discovering fraudulent activities related to property ownership. While registration provides constructive notice, the actual discovery of the crime triggers the prescription period. Property owners should regularly check their property records and promptly investigate any discrepancies.

Key Lessons:

• Act Promptly: Once you suspect or discover falsification, take immediate legal action.
• Monitor Records: Regularly check property records to detect any unauthorized transactions.
• Presumption Against Possessor: Possession of a falsified document that benefits you can lead to the presumption that you authored the falsification.

Frequently Asked Questions (FAQs)

Q: What is prescription in criminal law?

A: Prescription is the legal concept that sets a time limit for prosecuting a crime. After this period, the state loses its right to prosecute.

Q: When does the prescription period start for falsification of documents?

A: It starts from the day the crime is discovered by the offended party, the authorities, or their agents.

Q: What happens if I don’t file a case within the prescription period?

A: You lose the right to pursue criminal charges against the offender.

Q: Is registration of a document considered notice to everyone?

A: Yes, registration in a public registry serves as constructive notice to the world.

Q: What if I suspect a document related to my property is falsified?

A: Immediately consult with a lawyer and consider having the document examined by a forensic document examiner.

Q: Can I still recover my property if the falsifier has already transferred it to someone else?

A: It depends on the circumstances, including whether the new owner was a buyer in good faith. Legal advice is crucial in such situations.

Q: What is the penalty for falsification of public documents?

A: The penalty varies, but often includes imprisonment (prision correccional) and a fine.

ASG Law specializes in criminal law and property disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.