Mr. Cesar Escosa

July 16, 1985 Mr. Cesar Escosa 14 Tindalo Street Cinco Hermanos Subdivision Barangka, Marikina Metro Manila Sir : This refers to your letters dated May 29, 1985 and June 14, 1985, requesting for the opinion of this Commission on the queries posed therein. As per your verbal suggestion, we deem it best not to answer your letter dated May 29, 1985 considering that the subject thereof is also the subject of a pending case filed with the Securities Investigation and Clearing Department of this Commission. Insofar as your letter dated June 14, 1985 is concerned, please be informed that the act of falsification is punishable under the provisions of Article 171 of the Revised Penal Code, which provides thus: "ARTICLE 171. Falsification by public officer, employee, or notary or ecclesiastic minister . The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position shall falsify a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric ; 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate ; ..." (Emphasis supplied) Since the duration of prision mayor is six years to twelve years, the crime of falsification falls under the exclusive original jurisdiction of the Regional Trial Court as provided in Sec. 20 of Batas Pambansa Blg. 129, otherwise known as "The Judiciary Reorganization Act of 1980", quoted herein below: "SECTION 20. Jurisdiction in criminal cases . Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter". Said offense does not fall within the jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts inasmuch as said courts shall exercise "exclusive original jurisdiction over all offenses punishable with imprisonment of not exceeding four years and two months . . .". (Sec. 32, BP #129) Please be advised accordingly. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman