THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. CIRILO K. ALAFRIZ, DEFENDANT AND APPELLANT.

The crime prosecuted in this case and punished by the lower court
with ten years’ imprisonment, P1,000 fine, costs and destruction of the
bank notes which form Exhibit B, is a violation of Act No. 1754, which
prohibits the forging, etc., of obligations and securities of the
United States or of the Philippine Islands, etc.

The facts are sufficiently proven. The accused admits having
received from one Pablo Nera the false bank notes (Exhibit B) in order
to sell them at half price, he to receive one-third of the proceeds of
the sale. It is also proven that the accused delivered said bank notes
to Paulino Pichay to be negotiated. We likewise believe that the
accused acted with fraudulent intent; he admitted that said notes are
forged.

From the foregoing it follows that the accused not only had said
false notes in his possession, in violation of section 4 of the
aforesaid Act No. 1754, but also uttered them delivering them to
Paulino Pichay, in contravention of the provisions of section 2 of said
Act. And both violations are alleged in the information, which is not
questioned on the ground of duplicity of charges.

As to whether or not the false notes which constitute Exhibit B come
under the definition of obligations and securities contained in section
1 of said Act, it must be noted that in said section there is the
general description “and other representatives of value, of whatever
denomination, etc.,” and certainly if such false notes were not
included in any other specific description made in the aforesaid
section, they must be understood to come under the aforesaid general
clause.

We find no error in the judgment appealed from, and the same is
hereby affirmed in all its parts, with costs of both instances against
the appellant. So ordered.

Avanceña, C. J., Johnson, Street, Villamor, Johns, and Villa-Real, JJ., concur.