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    Prefatory Statement: With The Government Subjects The Accused-Petitioner To

    Uploaded by

    Karen de Leon
    This document discusses the legal presumption that if a person possesses or uses a falsified document, they are assumed to be the forger unless they can provide a credible explanation. It notes that courts have ruled the use of a forged document without explanation provides strong evidence the user forged it or had it forged. It also says that submitting a previously nonexistent document to a government agency implies the person used it and is therefore presumed responsible for forging it if they cannot satisfactorily explain how it came into existence.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Prefatory Statement: With The Government Subjects The Accused-Petitioner To

    Uploaded by

    Karen de Leon
    267 views1 page
    This document discusses the legal presumption that if a person possesses or uses a falsified document, they are assumed to be the forger unless they can provide a credible explanation. It notes that courts have ruled the use of a forged document without explanation provides strong evidence the user forged it or had it forged. It also says that submitting a previously nonexistent document to a government agency implies the person used it and is therefore presumed responsible for forging it if they cannot satisfactorily explain how it came into existence.

    Original Description:

    Prefatory Statement for Estafa thru Falsification of Public Documents

    Original Title

    Prefatory Statement

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    This document discusses the legal presumption that if a person possesses or uses a falsified document, they are assumed to be the forger unless they can provide a credible explanation. It notes that courts have ruled the use of a forged document without explanation provides strong evidence the user forged it or had it forged. It also says that submitting a previously nonexistent document to a government agency implies the person used it and is therefore presumed responsible for forging it if they cannot satisfactorily explain how it came into existence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    267 views1 page

    Prefatory Statement: With The Government Subjects The Accused-Petitioner To

    Uploaded by

    Karen de Leon
    This document discusses the legal presumption that if a person possesses or uses a falsified document, they are assumed to be the forger unless they can provide a credible explanation. It notes that courts have ruled the use of a forged document without explanation provides strong evidence the user forged it or had it forged. It also says that submitting a previously nonexistent document to a government agency implies the person used it and is therefore presumed responsible for forging it if they cannot satisfactorily explain how it came into existence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PREFATORY STATEMENT

    It is an established rule that when a person has in his


    possession a falsified document and makes use of the
    same, the presumption or inference is justified that
    such person is the forger.1

    The Court laid down the rule that the utterance or use
    of a forged instrument, when unexplained, is strong
    evidence tending to establish that the user himself (or
    herself) either forged the instrument or caused it to be
    forged.2

    The submission of the previously inexistent document


    with the government subjects the accused-petitioner to
    the inference that he used it as part of the registration
    papers. In the absence of a credible and satisfactory
    explanation of how the document came into being and
    then filed with the government agency, the accused is
    presumed to be the forger. Having been the one
    responsible for the filing of the registration papers,
    including the means he felt necessary to accomplish
    the registration, the accused must likewise be
    accountable therefor. As the authorized representative,
    he is deemed to have been the one in custody or
    possession, or at least the one who has gotten hold
    even for a short while, of the papers which included
    the [falsified document]. That he knew of the
    execution of the statement is a possibility not too
    difficult to imagine under the circumstances.3 (italics
    supplied)

    1 U.S. vs. Viloria, 1 Phil. 682

    2 U.S. v. Castillo

    3 Caubang v. People

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