Title
Counterfeiting and Forgery Prohibition Act
Law
Act No. 1754
Decision Date
Oct 9, 1907
Act No. 1754 of the Philippine Jurisprudence case prohibits the forging, counterfeiting, altering, or fraudulent making of obligations and securities, as well as the possession of tools used for counterfeiting, with penalties imposed to deter such activities and ensure a clear legal framework for addressing these offenses.
A

Forgery and Counterfeiting of Circulating Bank Notes

  • Forbids making, forging, counterfeiting, or altering circulating notes issued by authorized banking associations in the US or Philippine Islands.
  • Penalizes passing or publishing forged notes, or knowingly assisting in such acts.
  • Penalty includes fines up to two thousand pesos and imprisonment from five to fifteen years.

Control and Use of Plates and Materials for Printing Obligations or Securities

  • Prohibits unauthorized possession, use, or sale of plates and materials used for printing government obligations or securities.
  • Applies to plates engraved or used to print obligations, security notes, or similar materials.
  • Violations punishable by fines up to ten thousand pesos, imprisonment up to fifteen years, or both.

Passing or Concealing Forged Obligations or Securities

  • Criminalizes passing, selling, or concealing forged or altered obligations or securities with intent to defraud.
  • Penalty may include fines up to ten thousand pesos and imprisonment up to fifteen years.

Making or Possessing Impressions of Printing Tools without Authority

  • Forbids taking impressions or imprints of printing tools like plates, dies, or seals used for government securities without authorization.
  • Possessing or selling such impressions with intent to defraud is similarly prohibited.
  • Penalties include fines and imprisonment up to ten years.

Dealing in False or Counterfeit Securities

  • Prohibits buying, selling, exchanging, or transferring forged or counterfeit government obligations or circulating notes with intent to use as genuine.
  • Penalties include fines and imprisonment up to ten years.

Embezzlement or Secreting of Printing Materials

  • Criminalizes secretly embezzling printing materials or tools used for government securities or notes.
  • Similarly penalized with fines and imprisonment up to ten years.

Counterfeiting Gold, Silver, and Minor Coins

  • Forbids forging or counterfeiting gold, silver, or minor coins, or coins resembling legal money from the US, Philippine Islands, or foreign governments.
  • Also prohibits passing, possessing, or attempting to pass counterfeit coins.
  • Penalties range from fines up to ten thousand pesos to imprisonment depending on the coin involved.

Mutilation, Debasement, or Impairment of Coinage

  • Prohibits fraudulently mutilating, impairing, debasing, or lightening gold or silver coins or foreign coins used as currency.
  • Possession of such defaced coins with intent to defraud is also punishable.
  • Fines up to four thousand pesos and imprisonment up to five years apply.

Fraudulent Alteration of Coin Weight, Value, or Metal Content

  • Penalizes fraudulent debasement or alteration of coin weight, metal content, or related mint materials by authorized officers or others.
  • Penalties include fines up to twenty thousand pesos and imprisonment between one to ten years.

Unauthorized Manufacture of Coins and Devices Resembling Money

  • Criminalizes making or passing coins or devices intended as money without lawful authority, whether imitating official coins or of original design.
  • Penalties vary with seriousness, including fines and imprisonment.

Counterfeiting Foreign Government Bonds, Securities, and Bank Notes

  • Prohibits forging foreign government securities and treasury notes intended to circulate as money.
  • Also criminalizes uttering or possessing such forged foreign instruments with intent to defraud.
  • Penalties include fines and imprisonment with varied terms.

Using the Mail to Defraud by Selling Counterfeit Money

  • Forbids using mail services to distribute or promote offers to sell counterfeit money or obligations.
  • Includes schemes like the "sawdust swindle" or any artifice to defraud via postal channels.
  • Punishable by fines up to one thousand pesos and imprisonment up to eighteen months.

Manufacture and Possession of Dies, Molds, and Plates for Counterfeiting

  • Forbids making or possessing dies, hubs, molds used to counterfeit coins of the US, Philippine Islands, or foreign governments without authority.
  • Assisting or permitting use of such tools for counterfeiting is also punishable.
  • Penalties include fines up to ten thousand pesos and imprisonment up to ten years.

Unauthorized Use of Coin-Like Devices and Advertisements

  • Prohibits making or possessing professional cards, tokens, or circulars resembling coin designs without lawful authority.
  • Exception for legitimate numismatic publications and illustrations.
  • Violations subject to fines up to two hundred pesos.

Seizure, Forfeiture, and Disposition of Counterfeit Materials

  • Authorizes peace officers to seize counterfeit obligations, coins, and apparatus.
  • Such items are forfeited and disposed of as directed by the Governor-General.

Search Warrants for Counterfeiting Offenses

  • Courts may issue search warrants to enter premises suspected of counterfeiting activities during daytime.
  • Authorizes seizure of counterfeit items and related materials and their forfeiture.

Repeal, Expedited Enactment, and Effective Date

  • Repeals conflicting Penal Code provisions on similar offenses.
  • Provides for expedited enactment due to public good.
  • Law takes effect upon passage.

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