G.R. No. 241 : August 6, 1902
THE UNITED STATES, complainant-appellee, vs. LUCIO BARBASA, ET AL., defendants-appellants.

FACTS:
Julio Lagrimas del Rosario arranged for Catalino Gaza to act as his substitute for military service under the Spanish Government. To facilitate this substitution, several documents were falsified: (1) Lagrimas’s certificate of baptism was altered by changing his year of birth from 1874 to 1864 to make him appear older; (2) a personal cedula (community tax certificate) was issued falsely stating Lagrimas was 30 years old and a resident of Ermita, when he was actually 20 and a resident of Santa Cruz; and (3) two certificates were issued by Lucio Barbasa, the gobernadorcillo (municipal mayor) of Ermita, with attesting witnesses. One certificate falsely stated Lagrimas was free from forced military service for the year, and the other falsely stated his father had given consent for enlistment, including a forged signature. The defendants, Lucio Barbasa and Teodoro Luna (an attesting witness), were convicted by the Court of Intramuros for falsification of the cedula and the two certificates. They appealed the judgment.

ISSUE:
Whether the defendants, Lucio Barbasa and Teodoro Luna, are guilty of the crimes of falsification of a public document (cedula) and falsification of certificates as charged.

RULING:
The Supreme Court modified the lower court’s decision.
1. Regarding the falsification of the cedula: Both Barbasa and Luna were acquitted. The Court held that the responsibility for the validity and authenticity of the cedula rested solely with the cabeza de barangay, Miguel Abalos, who issued it. Barbasa’s signature merely attested that the cedula was issued by Abalos, and Luna had no participation in its issuance.
2. Regarding the falsification of the two certificates: Both Barbasa and Luna were found guilty. Barbasa, as gobernadorcillo, issued and signed the certificates in his official capacity, making them public documents. He was therefore liable under Article 310 of the Penal Code. Teodoro Luna, as a private attesting witness, was liable under Article 311. Applying the mitigating circumstance of Article 11 of the Penal Code (considering the nature of the crime and the personal conditions of the accused), the Court sentenced Lucio Barbasa, for each of the two crimes, to two years and one day of suspension from public office, the right of suffrage, and the exercise of any trade or profession, and a fine of 700 pesetas. Teodoro Luna was sentenced, for each crime, to one month and fifteen days of arresto mayor. They were also ordered to pay proportionate costs. The judgment of the lower court was affirmed insofar as it conformed with this ruling and reversed in conflict with it.