Public Interest

PERSONS LIABLE - FALSE MEDICAL CERTIFICATES,

FALSE CERTIFICATES OF MERIT OR

SERVICE

1. Physician or surgeon who, in connection with

the practice of his profession, issued a false

certificate (False Medical Certificate by a physician).

2. Public officer who issued a false certificate of

a m e n t o r service, good conduct or

similar circumstances. (False Certificate of Merit or

Service by a public officer)

3. Private individual who falsified a certificate

falling in the classes mentioned in nos. 1 and 2 (The crime is False Medical Certificate by

a private individual or False Certificate of Merit

or Service by a private individual)

Certificate

It is any writing by which testimony is given that

a fact has or has not taken place

ELEMENTS OF USING FALSE CERTIFICATES

(FK-U)

1. A False certificate mentioned in the preceding

article was issued;

2. The offender Knew that the certificate was false;

a n d

3.He Used the same

What is the crime committed in the use of false documents in judicial proceedings?

ARTICLE 175.USING FALSE CERTIFICATES (Since in Article 171 and 172, the judidcial proceedings it pertains is limited to its list.)

Punishable Acts - MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR FALSIFICATION

1. Making or introducing into the Philippines any

stamp, dye, mark, or other instruments or

im p l e m e n t s for c o u n t e r t e i t i n g o r falsitication

2. Possessing with intent to use the i n s t r u m e n t s

   implements for counterfeiting or falsification

   made in or introduced into the Philippines by

   another person.

Kinds of Posession of Instruments for Falsification and Posession of False or Mutilated Coins

Actual and Constructive Posession

USURPATION OF AUTHORITY

OR OFFICIAL FUNCTIONS

1. Usurpation of authority

2. Usurpation of official functions

Elements of Usurpation of official functions

(PP-PUW):

1. The offender may be a Private person or

Public officer:

2. The offender performs any act Pertaining to any person in authority or public officer of

the Philippine government, any of its agencies, or of a foreign government;

3. The offender performs t h e a c t Under pretense of official function; and

4. The offender performs the act Without being

legally entitled to do so

USURPER

"One who introduces himself into an office that is

vacant, or who without color of title, ousts the

incumbent and assumes to act a s an officer by

expressing s o m e of the functions of the office

THE ACTS PERFORMED MUST

USE OF FICTITIOUS NAME AND

PERTAIN TO IN USURPATION OF PUBLIC FUNCTIONS

1. The Government;

2. To any person in authority; or

3. To any public office

USING FICTITIOUS NAME AND

CONCEALING TRUE NAME

1. Using a fictitious name;

2. Concealing true name.

Elements - Using a fictitious name

(OPPO)

1. The Offender uses a name other than his

real name;

2. He uses that fictitious name Publicly; and

3. The Purpose of the Offender is:

a. To conceal a crime;

b. To evade the execution of a judgment;

o r

c. To cause damage to public interest

Elements - Concealing true name.

ELEMENTS: (Ctcl)

1.The offender Conceals:

a. His True name, and

b. Al other personal Circumstances; and

2. That the purpose i s only to conceal his Identity

What is the GR for COMMONWEALTH ACT NO. 142

AN ACT REGULATING THE USE OF

ALIASES?

No person shall use any name

lifferent from the one with which he was registered

at birth in the office of the local civil registry, or with which he was registered in the Bureau of Immigration Upon Entry, or such substitute name as may have been authorized by a competent court.

What is the EXCEPTION for COMMONWEALTH ACT NO. 142 AN ACT REGULATING THE USE OF ALIASES?

As pseudonym solely for literary, cinema, television, radio, or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice.

Requirement for those who want to use an alias

Apply for authority therefore like those legally provided to obtain judicial authority for a change of name.

How many alias can a person have?

Only one, through judicial authority

ELEMENTS - ILLEGAL USE OF UNIFORMS OR INSIGNIA

1. The offender makes use of Insignia, uniform, or dress

2. The insignia, uniform, or dress pertains to an office not held by the offender or to any class of persons of which he is not a member

3. Said insignia, uniform, or dress is used PUBLICLY and improperly.

ELEMENTS OF FALSE TESTIMONY:

1. By any person who:

a. Being under oath, and

b. Required to testify as to the truth of a certain

matter at a hearing before. a competent authority

2. Shall deny the truth or say something contrary to it.

Three forms of false testimony:

1. False Testimony in Criminal Cases (Arts. 180-

181);

2. False Testimony in Civil Cases (Art. 182); and

3. False Testimony in other cases

ELEMENTS - FALSE TESTIMONY AGAINST A

DEFENDANT

(COKA)

1. There be a Criminal proceeding,

2. The offender testifies falsely under Oath against the defendant therein.

3. The offender who gives false testimony Knows

   that it is false; and

4. The defendant against whom the false testimony

   is given is either Acquitted or convicted in a final

   judgment

What does the three kinds of false testimony presuppose?

a final judgment of conviction or

acquittal in the basic case as a prerequisite to the

actionability of the crime of false testimony against

the defendant

*FALSE TESTIMONY FAVORABLE

TO THE DEFENDANT

What is the crime of a defendant who falsely testifies in his own behalf in

a criminal case when

he voluntarily goes upon the witness stand and

falsely imputes to some other person the

commission of a grave offense? and when he merely denies?

False Testimony; No False Testimony

Difference in Prescriptive Periods

False Testimony Against the Defendant (Will not run untilthe finality of the decision)

False Testimony in Favor of the Accused (Prescription runs right after the witness testifies because the basis of the penalty is the felony charged to the accused.)

Elements - FALSE TESTIMONY IN CIVIL CASES

(CIF-KI)

1. The testimony must be given in a Civil case;

2. The testimony must relate to the Issues

presented in said case;

3. The testimony must be False;

4. The false testimony must be given by the

defendant Knowing it to be false; and

5. The testimony must be malicious and given with

an Intent to attect the issues presented in said

c a s e

BASIS OF PENALTY for False Testimony in Civil Cases

Penalty depends on the amount of controversy

whether such amount e x c e e d s 1,000,000; if not

excecding 1,000,00; or if it cannot be estimated

Application of Art. 180-182 vs. Application of Article 183

180-182 - Violation under SPL, Penalty on the Basis of RPC

183 (Perjury) - Violation and penalty under SPL

PERJURY

1. The offender made a statement under oath of any affidavit upon a material matter.

2. The statement was made before competent officer duly authorized to recieve or administer oath.

3. He made a willful and corrupt assertion of falsehood.

4. That the said statement or affidavit was required by law.
   

TWO WAYS OF COMMITTING PERJURY:

1.By falsely testifying under oath; (should not be in a judicial proceeding)
2. By making false affidavit

ELEMENTS OF PERJURY

(SCAR)

1. The accused made a Statement inder nath or

executed an affidavit upon a material matter:

2. The statement or affidavit was made before a

Competent officer authorized to receive and

In that statement or aftidavit, the accused made

a willful and deliberate Assertion of a falsehood;

1. The sworn statement or affidavit containing the

falsity is Required by law or made for a legal purpose.

Note: The document need not be required but it was sufficient if it was authorized by law to be made.

ESSENTIAL ELEMENTS OF PROOF OF

PERJURY:

1. The statement made by the defendants must be

proven false; and

2. It must be proven that the defendant did not

believe those statements to be true (BOADO,

supra at 505).

NOTE: Knowledge by the accused of the faisity of

his statement may be proved by his admissions or

by circumstantial evidence

OATH

Any form of attestation by which a person signifies

that he is bound in conscience to perform an act

faithfully and truthfully

AFFIDAVIT

A sworn statement in writing; a declaration in writing,

made upon oath before an authorized magistrate or

officer

MATERIAL MATTER

The main fact which is the subject of the inquiry or

any circumstance which tends to prove that fact, or

any fact or circumstance which tends to corroborate

or strengthen the testimony relative to the subject of

inquiry, or which legitimately affects the credit of any

witness who testifies

Differences between the three types of False Testimony;

Is there perjury through negligence or imprudece?

No, perjury must be willful and deliberate.

What is a defense to perjury?

Bona fide belief in the truth

SUBORNATION OF PERJURY

It is committed by a person who knowingly and

willfully procures another to swear falsely, and the

witness suborned does testify under the circumstances rendering him guilty.

OFFERING FALSE TESTIMONY IN

EVIDENCE

(FOK)

1. The offender offered in evidence a False witness

or testimony;

2. The Offer was made in a judicial or official

proceeding; and

He Knew the witness or testimony was false

PUNISHABLE ACTS - MACHINATIONS IN PUBLIC AUCTIONS

1. Soliciting any gift or promise a s a

   consideration for refraining from taking

   part in any public auction;

2. Attempting to cause bidders to stay .

   away from an auction by threats, gifts,

   promises, or any other artifice.

Elements - Soliciting any gift or promise a s a

consideration for refraining from taking

part in any public auction

(ASCH)

a. There be a public Auction;

b. The accused Solicited any gift or a promise

from.any of the bidders;

C. Such gift or promise was the Consideration

for his refraining from taking part in that

public auction; and

d. The accused had the Intent to cause the

Elements - Attempting to cause bidders to stay .

away from an auction by threats, gifts,

promises, or any other artifice.

AATI)

3. b. There be a public Auction

The accused Attempted to cause the buyers

to stay away from that public auction;

c. It was done by Threats, gifts, promises or

any other artifice; and

d. The accused had the Intent to cause the

reduction of the price of the thing auctioed

COMMON BID

MANIPULATION

PRACTICES:

1. Bid cover ‘

2. Bid Suppression

3. Bid Rotation

4. Market Allocation

Bid C o v e r

occurs when individuals or firms agree to

submit bids that involve at least one of the

following:

a. A competitor agrees to submit a bid that is

higher than the bid of the designated winner;

b. A competitor submits a bid that is known to be

too high to be accepted; or

c. A competitor submits a bid that contains

s p e c i a l t e r m s t h a t are known to b e :

unacceptable to the purchaser.

Bid Suppression

involve agreements among competitors in

which one or more companies. agrec to refrain

from bidding or withdraw a previously submitted

bid so that the designated winner's bid will be

accepted.

Bid Rotation

conspiring firms continue to bid, but they

agree to take turns being the winning bidder.

Market Allocation

competitors carve u p the market a d agree

not to compete for certain customers or in certain

geographic areas

ANTI-COMPETITIVE AGREEMENTS

UNDER THE PHILIPPINE COMPETITION ACT

ACT: 1 . Agreements, between or among competitors,

that are per se prohibited:

a. Restricting competition as to price, or

components thereof, or other terms of trade;

b.

Fixing price at an auction or in, any form of

bidding including cover bidding, bid

suppression, bid rotation and m a r k e t

allocation and other analogous practices of

bid manipulation (R.A. 10667, Sec. 14, Par.

2. Agreements, between or among competitors,

which have the object or effect of substantially

preventing, restricting or lessening competition

shall be prohibited:

a. Setting, limiting, or controlling production,

markets, technicall development, o r

investment;

b. Dividing or sharing the market, whether by

volume of sales or purchases, territory, type

of goods or services, buyers or sellers or

any other means (R.A. 10667, Sec. 14 Par.

3. Agreements other than those specified in (a)

and (b) which have the object or effect of

substantially preventing, restricting or lessening

competition shall also be prohibited: Provided,

t h o s e which contribute to improving t h e

production or.distribution of goods and services

or to promoting technical or economic progress,

while allowing consumers a fair share of the

resulting benefits, may not necessarily be

deemed a violation of this Act (R.A. 10667, Sec.

14, Par. c).

An entity that controls, is controlled by, or is

under common control with another entity or

entities, have common economic interests, and

are not otherwise able to decide or

independently of each other, shall not be

considered competitors for purposes of this

section (R.A. 10667, Sec. 14).

ABUSE OF DOMINANT POSITION

UNDER THE PHILIPPINE COMPETITION

ACT

It shall be prohibited for one or more entities to

abuse their dominant position by engaging in

conduct that would substantially prevent, restrict or

lessen competition.

1. Imposing barriers to entry or committing acts

that prevent competitors from growing within the

market in an anti-competitive manner except those that develop in the market as a result of or arising from a superior product

business acumen, or legal rights or laws;

2. Making a transaction subject to acceptance by

the other parties of other obligations which, by

their nature or according to commercial usage,

have no connection with the transaction

ANTI-COMPETITIVE MERGERS AND

ACQUISITIONS UNDER THE PHILIPPINE

COMPETITION ACT

Merger or acquisition agreements that substantially

prevent, restrict or lessen competition in the relevant

market or in the market for goods or services as may be

determined by the Philippine

Commission shall be prohibited

NOLO CONTENDERE (NO CONTEST PLEA)

An entity charged in a criminal proceeding pursuant

to Section 14(a) and 14(b) may enter a plea of Nolo

Contendere, in which he does not accept nor deny

responsibility for the charges but agrees to accept

punishment as if he had pleaded guilty. The plea

cannot be used against the defendant entity to prove liability in a civil suil arising from the criminal action nor in another cause of action. Provided that a plea

of Nolo Contendere may be entered only up to

and subsequertly, only with

permission of the court which shall accept it only

after weighing its effect on the parties, the püblic and

the administration of justice.

LENIENCY PROGRAM

Subject to conditions under Sec. 35 of R;A: 10667,

a Leniency Program may be granted to any entity in-.

the form of immunity from suit or reduction of any

fine which would otherwise be imposed o n a

participant in an anti-competitive agreement under

Section 14(a) and (b) of said act in exchange for

voluntary disclosure of information regarding such

an agreement.

ELEMENTS - IMPORTATION AND DISPOSITION OF

FALSELY MARKED ARTICLES OR

MERCHANDISE MADE OF GOLD,

SILVER OR OTHER PRECIOUS METALS

OR THEIR ALLOYS

1. The offender Imports, sells or disposes any of

those articles or merchandise;

2. The offender Knows that the stamps, brands, or

marks failito indicate the actual fineness or

quality of said metal or alloy; and

3. The Stamps, brands or marks of those articles

or merchandise fail to indicate the Actual

fineness or quality of said metal or alloy (Id. at

349).

ARTICLES OR MERCHANDISE

INVOLVED ARE THOSE MADE OF

1.Gold;

2.Silver;

3 Other precious metals; or

4 Their alloys

INTELLECTUAL PROPERTY RIGHTS

CONSISTS OF (CT-GIP-TP)

1. Copyright and Related Rights;

2.Trademarks and Service Marks;

3. Geographic Indications;

4. Industrial Designs;

5.Patents;

6. Layout-Designs (Topographies) of Integrated

Circuits; and

7. Protection of Undisclosed Information

INFRINGEMENT

It is the use in commerce any reproduction,

counterfeit, copy, or colorable imitation of a

registered mark or the s a m e container or a dominant

feature thereof without the consent of the owner of

the registered mark which such use is likely to cause

confusion, or to cause mistake, or to deceive (R.A.

No. 8293, as amended,

Sec. 155.1).

CIRCUMSTANCES WHEN A PERSON

INFRINGES AN INTELLECTUAL

PROPERTY RIGHT:

1. Directly commits an infringement;

2. Benefits from the infringing activity of another

person who commits an infringement if the

person benefiting has been given notice of the

infringing activity and has the right and ability.to

control the activities of the other person; or

3. With knowledge of infringing activity, induces,

causes or materially contributes to the infringing

conduct of another

CRIMINAL ACTION FOR REPETITION OF

INFRINGEMENT

If infringement is repeatedby the infringer or by

anyone in connivance with him after finality of the

judgment of the court against the infringer, the

offenders shall, without prejudice to the institution of a civil action

action for damages, be criminally liable

therefor.

The making, using, offering for sale, selling, or

importing a patented product or a product obtained

directly or indirectly from a patented process, or the

use of a patented process without the authorization

of the patentee constitutes patent infringement (R.A.

No. 8293, as amended, Sec. 76).

LIABILITIES FOR INFRINGEMENT:

(ID3-O)

Any person infringing a right protected under this law

shall be liable:

1. To an Injunction restraining such infringement.

The court may also order the defendant to desist

from an infringement, among others, to prevent

the entry into the channels of commerce of

imported goods that involve an infringement,

immediately after custome clarance of such

goods;

2. To pay to the copyright proprietor or his assigns

or heirs such actual Damages, including legal.

costs and other expenses, as he may have

incurred due to the infringement as well as the

profits the infringer may have made due to such

infringement;

In proving profits, the plaintiff shall be required

to prove sales only and the defendant shall be

required to prove every element of cost which he

claims;

3.

To Deliver under oath, for impounding during the

a pendengy of the action, upon such terms and

conditions as the court may prescribe, sales

invoices and other documents evidencing sales,

all articles and their packaging alleged in

infringe a copyright and implements for making

them: To Deliver under oath for destruction without any

4.

compensation l l infringing copies or devices, as

well a s all plates, molds, or other means for

making such infringing copies as the court may

S u c h Other terms and conditions, including the

payment of moral and exemplary damages,

which the court may deem proper, wise and

equitable and the destruction of infringing copies

of the work even in the event of acquittal in a

criminal case (R.A. No. 8293, as amended, Sec.

CRIMINAL LAW

In an infringement action, the court shall alsn

have the power to order the seizure and

mpounding of any article which may serve as

evidence in the court proceedings (P.D. No. 49

Sec. 28, Par. c).

In determining the number of years of

imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.

Any person shall be guilty of an offense and shall

be liable on conviction to imprisonment and fine if at the time when copyright subsists in a work,

he.has in his possession an article which he

knows, or ought to know, to be an infringing copy

of the work for the purpose of:

1. Selling, letting for hire, or by way of trade

offering or exposing for sale, or hire, the

2. Distributing the article for purpose of trade,

or for any other purpose to an extent that will

prejudice the rights of the copyright owner in

the work; or

3. Trade exhibit of the article in public (R.A. No.

8293, as amended, Sec. 217(3)).

UNFAIR COMPETITION

Any person who shall employ deception or any other

means contrary to good faith by which he shall pass

off the goods manufactured by him or in which he

deals, or his business, or services for those of the

one having established such goodwill, or who shall

commit any acts calculated to produce said result,

shall be guilty of unfair competition, and shall be

subject to an action therefor (R.A. No. 8293, as

amended, Sec, 168

THE FOLLOWING SHALL BE DEEMED

GUILTY OF • UNFAIR COMPETITION:

(ABS)

Any person, who is selling his goods and gives

them the general Appearance of goods of

another manufacturer or dealer, either as to the

goods themselves or in the wrapping of the

packages in which they are contained, or the

devices or words thereon, or in any other feature

of their appearance, which would be likely to

influence purchasers to believe that the goods

offered are those of a manufacturer or dealer,

other than the actual manufacturer or dealer, or

who otherwise clothes t h e goods with s u c h

a p p e a r a n c e as shall deceive the public -and

d e t r a u d a n o t h e r o f h i s l e g i t i m a t e t r a d e , o r a n y

subsequent vendor of such goods or any agent

of any vendor engaged in selling such goods

with a like purpose;

2.

Any person who by any artifice, or device, or

who employs any other m e a n s calculated tc

offering nduce the false Belief that such person is offering

the services of another who has

dentified such services in the mind of the public

or;

Any person who shall make any false Statement

in the course of trade or who shall commit any

other act contrary to good faith

calculated to discredit the goods, business or

services of another (R.A. No. 8293, as

amended, Sec. 168, Par. 3).

FALSE DESIGNATIONS OF ORIGIN;

FALSE

DESCRIPTION O R

REPRESENTATION

Any person shall be liable for damages and

injunction provided in Secs. 156 and 157 of R.A. No.

8293 to any person who believes that he or she is or

is likely to be damaged by such act, if on or in

connection with any goods or services, or any

container for goods, uses in commerce any word

term, name, symbol, or device, or any combination

thereof, or any false designation of origin, false or

misleading description of fact, or false or misleading

representation of fact, which:

1. Is likely to cause confusion, or to cause mistake,

or to deceive as to the affiliation, connection, or

association of such person with another person,

or as to the origin, sponsorship, or approval of

his or her goods, services, or commercial

activities by another person; or

2. In commercial advertising or promotion,

m i s r e p r e s e n t s the nature, characteristics,

qualities, or geographic origin. of his or her or

another person's goods;

services, o r

commercial activities (Sec. 169).

TRUE TEST OF UNFAIR COMPETITION

Whether certain goods have been clothed with an -

appearance which is likely to deceive the ordinary

purchaser exercising ordinary care, and not whether

a certain limited class of purchasers could avoid

mistake by the exercise of special knowledge

IMPORTATION (CUSTOMS MODERNIZATION AND

TARIFF ACT)

Act of bringing in of goods from a foreign territory into

Philippine territory, whether for consumption,

warehousing, or admission (Sec. 102, Par. z).

NOTE: Importation begine when the carrying vesse

or aircraft enters the Philippine territory with the

intention to unload therein

IMPORTATION, WHEN DEEMED

TERMINATED

1. In case of dutiable goods: upon payment ol

duties, laxes, and other charges due upon

articles or secured to be paid at a port of entry, and legal permit for withdrawal shall have been granted; or

2. In case of duty free goods: until they have legally left the jurisdiction of the BOC

SMUGGLING

Fraudulent act of importing any goods into the

Philippines, or the act of assisting in receiving,

concealing, buying, selling, disposing or transporting

such goods, with full knowledge that the same has

been fraudulently imported, or the fraudulent

exportation of goods. Goods referred to under this

definition shall be known as smuggled goods

TECHNICAL SMUGGLING

Act of importing goods into the country by means of

fraudulent, falsified or erroneous declaration of the

goods to its nature, kind, quality, quantity or weight,

for the purpose of reducing or avoiding payment of

prescribed taxes, duties and other charges

OUTRIGHT SMUGGLING

Act of importing goods into the country without

complete customs prescribed importation

documents, or without being cleared by customs or

other regulatory government agencies, for the purpose of

of evading payment of prescribed taxes.

duties and other government charges

UNLAWFUL IMPORTATION

Any person who shall fraudulently import or export

or bring into or outside of the Philippines any goods,

or assist in so doing, contrary to law, or shall receive

conceal, buy, sell, or in any manner facilitate the

transportation, concealment, or sale of such goods

after importation,o r shall c o m m i t

smuggling a s defined in this Act shall be punished

depending on the appraised value of the goods

unlawfully imported

REWARD TO PERSONS

INSTRUMENTAL IN THE ACTUAL

COLLECTION OF ADDITIONAL

REVENUES ARISING FROM THE

DISCOVERY OF VIOLATIONS

A cash reward equivalent to twenty percent (20%) of

the actual proceeds from the sale of smuggled

goods and confiscated goods or actual collection of

additional revenues shall be given to the customs

and non-customs informers or whistleblowers

PUNISHABLE ACTS (SECS. 1400-1429):

1.

2

3

Misdeclaration,

Misclassification,

• Undervaluation, in Goods Declaration;

Unlawful Importation or Exportation;

Failure or Refusal of Party to Give Evidence or

Submit Documents for Assessment;

4. Other Fraudulent Practices Against Customs

Revenue;

5. Failure to Declare Baggage;

6. Vessel, Secraft, or Aircraft Departing Before

Undergoing Customs Formalities;

- T a Obstruction to Boarding Officer:

8. U n l a w f u l Boarding or Leaving of Vessel or

Aircraft; &

9. Unloading of Cargo Before Arrival at Port of

E n t r y ;

10. Unloading of Cargo at Improper Time or Place

After Arrival;

11. Failure to Exhibit or Deposit Documents;

12. Bringing of Unmanifested Arms, Explosives or

War Equipment;

13. Failure to Supply Advance and Requisite

34, Disappearance of Manifested Goods;

15. Discrepancy Between Actual and Declared

Weight of Manifested Goods;

16. Discrepancy With the Master's or Pilot's-in-

Command Report;

17. Failure to Report Fraud:

18. False Statement of Vessel's or Aircraft's

Destination;

19. Affixing Seals without Authority;

20. Breaking of Seal Placed by Customs Officers;

21. Breaking of Lock or Fastening Placed by

Customs Officers;

22. Removal, Breakage, and Alteration of Marks;

23. Unauthorized Withdrawal of Imported Goods

from Bonded Warehouse;

24. Removing or Repacking Goods in Warehouse;

25. Removing Goods from Customs Custody;

26. Failure to Pay Duties, Taxes and Other

Charges;

27. Failure to Keep Importation Records and Full

Access to Customs Officers;

28. Concealment or Destruction of Evidence of

Fraud

29. Anchoring at any dock, pier, wharf, quay, or bulkhead other than a port of entry;

30. Dumping of garbage or slops over the sides of

the vessel within three (3) miles from the nearest

coastline;

31. Dumping or c a u s i n g to spread crude oil,

kerosene, or gasoline in the bay or at the piers

within three (3) miles from the nearest coastline;

32. Loading gasoline or any other petroleum

products at a place other than that designated

by the regulations;

33. Causing the emission and spread of harmful

gas, fumes and chemicals;

34. Transporting hazardous waste, r a d i o a c t i v e

waste and other toxic substances as provided

under the Basel Convention and Republic Act

No. 6969, otherwise knowna s the "Toxic

Substances a n d Hazardous

a n d Nuclear

Wastes Control Act of 1990."