A mistress cannot use the surname of her lover
"My father died intestate three years ago. His mistress was at his bedside in the hospital before his death. She claimed in the hospital that she was the wife and signed in the hospital papers carrying the last name of my father. My mother was at home at that time grieving. May I file for falsification of document? She said she was confused so she signed bearing my fathers last name.Aileen
Dear Aileen,The crime of falsification, under Article 171 of the Revised Penal Code, may be committed through any of the following:
1. Counterfeiting or imitating any handwriting, signature or rubric2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate
3. Attributing to persons who participated in any act or proceeding statements other than those in fact made by them4. Making untruthful statements in a narration of facts
5. Altering true dates6. Making any alteration or interaction in a genuine document which changes its meaning7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original or8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
According to you, the mistress of your father claimed in the hospital where your father was confined before his death that she was the wife of the latter and has written in the hospital papers her name with the surname of your father. A married woman may change her surname when she got married. Under Article 370 of the Civil Code, a married woman may use (1) her maiden first name and surname and add her husbands surname, or (2) her maiden first name and her husbands surname, or (3) her husbands full name but prefixing a word indicating that she is his wife, such as Mrs. The mistress of your father cannot use the surname of your father because she is not married to the latter. The declaration of the mistress may make her liable for falsification because she made untruthful statement by indicating a name other than her true name and by attaching in her name the surname of your father despite the fact of not being married to your father. However, in falsification cases, it is not sufficient that the person being complained of has performed an act constituting falsification under Article 171 of the Revised Penal Code because it is also important to prove the other elements of falsification, whether it be on a public or private document, that is the falsification caused damage to third party or at least the falsification was committed with intent to cause such damage.Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated."
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"A mistress cannot use the surname of her lover"
was written by Mary
under the Legal Advice
category. It has been read 15
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comments. The article was created on 14 September 2021
and updated on 14 September 2021