CLAW BOOK2 - Title VI

Crimes against Public interest

Article 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive.

1. Great Seal of the Government of the Philippines;
2. Signature of the President
3. Stamp of the President.

Article 162. Using forged signature or counterfeit seal or stamp

1. The Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person;
2. Offender knew of the counterfeiting or forgery;
3. He used the counterfeit seal or forged signature or stamp.

Article 163. Making and importing and uttering false coins.

1. There be false or counterfeited coins;
2. Offender either made, imported or uttered such coins;
3. In case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers.

Coin

Coin is a piece of metal stamped with certain marks and made current at a certain value. It is usually round and has ridges of it usually of smaller value

Import

To import fake coins means to bring them into port. The importation is complete before entry at the Customs House

Utter

To utter is to pass counterfeited coins. It includes their delivery or the act of giving them away. A counterfeited coin is uttered when it is paid, when the offender is caught counting the counterfeited coins preparatory to the act of delivering them, even though the utterer may not obtain the gain he intended. Hence, damage to another is not necessary.

Article 164. Mutilation of coins

Punishable Acts

1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another;
2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering

Mutilation

1. Coin mutilated is of legal tender;
2. Offender gains from the precious metal dust abstracted from the coin;
3. It has to be a coin.

Article 165. Selling of false or mutilated coin, without connivance.

a. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated;
b. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.

Article 166. Forging treasury or bank notes or other documents payable to bearer; importing, and uttering such false or forged notes and documents

Acts Punishable

1. Forging or falsification of treasury or bank notes or other documents payable to bearer.

2. Importation of such false or forged obligations or notes.

3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers.

Forging and Falsification, How Committed

Forging is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; To forge an instrument is to make false instrument intended to pass for the genuine one.

Falsification is being committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein.

Payable to Bearer

A bank note, certificate or obligation and security is payable to bearer when it can be negotiated by mere delivery. A five-peso bill, etc., or a winning sweepstakes ticket is payable to bearer, because its ownership is transferred to another by mere delivery to him of such bill or ticket

Article 167. Counterfeiting, importing, and uttering instruments not payable to bearer

1.That there be an instrument payable to order or other document of credit not payable to bearer.

2. That the offender either forged, imported or uttered such instrument.

3. That in case of uttering, he connived with forger or importer

Article 168. Illegal possession and use of false treasury or bank notes and other instrument of credit.

1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person.

2. That the offender knows that any of those instruments is forged or falsified.

3. That he performs any of these acts –

a. Using any of such forged or falsified instruments; or

b. Possessing with intent to use any of such forged of falsified instruments.

Article 169. How forgery is committed.

1. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document;
2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein.

Article 170. Falsification of legislative documents

1.That there be a bill, resolution, ordinance enacted or approved or pending approval by either house of the Congress or any provincial board or municipal council.

2. That the offender alters the same.

3. That he has no proper authority therefor.

4. That the alteration has changed the meaning of the document.

Article 171. Falsification by public officer, employee or notary or ecclesiastical minister.

a. the offender is a public officer, employee or Notary public or ecclesiastical minister
b. he takes Advantage of his official position
c. the offender Falsifies a document.

Punishable acts under Falsifying a document, Art. 171 (IPA-UTAIN)

a. counterfeiting or Imitating any handwriting, signature or rubric;
b. causing it to appear that persons have Participated in any act or proceeding when they did not in fact so participate;
c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
d. making Untruthful statements in a narration of facts;
e. altering True dates;
f. making any Alteration or intercalation in a genuine document which changes its meaning;
g. 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;
h. intercalating any instrument or Note relative to the issuance thereof in a protocol, registry, or official book.

Counterfeiting

a. there be an intent to imitate or an attempt to imitate
b. the two signatures or handwritings, the genuine and the forged, bear so

Imitating

Simulating a signature, handwriting, or rubric out of one which does not in fact exist

Feigning (Imitating)

In feigning, there is no original signature, handwriting or rubric, but a forgery of a signature, handwriting or rubric that does not exist. To feign means to represent by a false appearance; to give a mental existence to; to imagine.

Article 172. Falsification by private individual and use of falsified documents.

Acts Punished Under Article 172

1. Falsification of public, official, or commercial document by private individual. (Paragraph No. 1)

2. Falsification of a private document by any person. (Paragraph No.2)

3. Use of falsified document (Last paragraph)

Article 172(1). Falsification of public, official, or commercial document by private individual

1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position.

2. That he committed any of the acts of falsification enumerated in Article 171.

3. That the falsification was committed in a public or official or commercial document

Article 172(2). Falsification of a private document by any person.

1. That the offender committed any of the acts of falsification, except Article 171(7).

2. That the falsification was committed in any private document.

3. That the falsification caused damage to a third party or least the falsification was committed with intent to cause such damage.

Article 172(3). Use of falsified document.

Elements of use of falsified document

Introducing in a judicial proceeding

1. That the offender knew that a document was falsified by another person.

2. That the false document is embraced in Article 171 or in Article 172 (1) or (2).

3. That he introduced said instrument in evidence in any judicial proceeding.

Use in any other transaction

1. That the offender knew that a document was falsified by another person.

2. That the false document is embraced in Article 171 or in Article 172 (1) or (2)

3. That he used such document (not in judicial proceedings)

4. That the use of the false document caused damage to another or at least it was used with intent to cause such damage.

Article 173. Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages.

Acts Punishable Under Article 173

1. Uttering fictitious wireless, telegraph or telephone message.

2. Falsifying wireless, telegraph or telephone message.

3. Using such falsified message.

Article 173 (1). Uttering fictitious message or falsifying the same.

1. That the offender is an officer or employee of the Government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless cable or telephone messages.

2. That the offender commits any of the following acts:

a. Uttering fictitious wireless, cable, telegraph or telephone message; or

b. Falsifying wireless, cable, telegraph or telephone message

Article 173 (2). Use of said falsified messages.

1. That the accused knew that wireless, cable, telegraph or telephone message was falsified by any of the persons specified in Article 173(1).

2. That the accused used such falsified dispatch.

3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice.

Article 174. False medical certificates, false certificates of merit or service, etc

1. Any physician or surgeon who, in connection with practice of his profession, shall issue a false certificate.

2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances.

Persons Liable for Falsification of Certificates

1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate. CRIME: False Medical Certificate by a Physician

2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances. CRIME: False Certificate of Merit or Service by a Pubic Officer

3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2.

Article 175. Using false certificates.

1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates.

2. That the offender knew that the certificate was false.

3. That he used the same.

Article 176. Manufacturing and possession of instruments or implements for falsification

Acts Punished Under Article 176

1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting or falsification.

2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person

Article 177. Usurpation of authority or official functions.

Two Ways of Committing the Crime under Article 177

1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine Government or any foreign government.

Note:usurpation of authority, the mere act of knowingly and falsely representing oneself to be an officer is sufficient. It is not necessary that he performs acts pertaining to a public officer in such.

2. By performing any act pertaining to any person in authority or public officer of the Philippine Government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so

Note:n usurpation of official functions, it is essential that the offender should have performed an act pertaining to a person in authority or public officer, in addition to other requirements.

Article 178. Using fictitious name and concealing true name.

1. That the offender uses a name other than his real name.

2. That he uses that fictitious name publicly.

3. That the purpose of the offender is –

a. To conceal a crime;

b. To evade the execution of a judgment; or

c. To cause damage to public interest

Fictitious Name

Any other name which a person publicly applies to himself without authority of law is a fictitious name

The element of publicity must be present

The purpose in use of fictitious name is any of those three enumerated (to conceal crime, to evade the execution of a judgment, or to cause damage);

Concealing True Name

1. That the offender conceals – a. His true name; and b. All other personal circumstances

2. That the purpose is only to conceal his identity.

That element is not necessary

The purpose is to merely conceal identity

Article 179. Illegal use of uniforms and insignia

1. That the offender makes use of insignia, uniform or dress.

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

3. That said insignia, uniform or dress is used publicly and improperly

False Testimony

committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

Three Forms of False Testimony

1. False testimony in criminal cases (180 and 181)

2. False testimony in civil cases (182)

3. False testimony in other cases (183)

Article 180. False testimony against a defendant.(COKA)

1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the defendant therein;
3. Offender who gives false testimony Knows that it is false.
4. Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.

Article 181. False testimony favorable to the defendant.

1. A person gives false testimony;
2. In favor of the defendant;
3. In a criminal case.

Article 182. False testimony in civil cases.

1. That the testimony must be given in a civil case.

2. That the testimony must relate to the issues presented in said case.

3. That the testimony must be false.

4. That the false testimony must be given by the defendant knowing the same to be false.

5. That the testimony must be malicious and given with an intent to affect the issues presented in said case.

Article 183. False testimony in other cases and perjury in solemn affirmation

any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section shall suffer the respective penalties provided therein.

Two Ways of Committing Perjury

1. By falsely testifying under oath; and

NOTE: Should not be in a judicial proceeding

2. By making a false affidavit.

Elements of Perjury

1. That the accused made a statement under oath or executed an affidavit upon a material matter;

2. That the statement or affidavit was made before a competent officer authorized to receive and administer oath;

3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood;

4. That the sworn statement or affidavit containing the falsity is required by law.

Material Matter

It is 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.

Material

when it is directed to prove a fact in issue

Relevant

when it tends in any reasonable degree to establish the probability or improbability of a fact in issue

Pertinent

when it concerns collateral matters which make more or less probable to the proposition at issue

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 of perjury.

Article 184. Offering false testimony in evidence.

1. That the offender offered in evidence a false witness or false testimony.

2. That he knew the witness or that the testimony was false.

3.That the offer was made in a judicial or official proceeding

Article 185. Machination in public auctions

Acts Punishable

1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction.

2. By attempting to cause bidders to stay away from an auction by threats, gifts, promise or other artifice.

Elements of Soliciting Gift or Promise

1. That there be a public auction.

2. That the accused solicited any gift or a promise from any of the bidders.

3. That such gift or promise was the consideration for his refraining from taking part in that public auction.

4. That the accused had the intent to cause the reduction of the price of the thing auctioned

Article 186. Monopolies and combinations in restraint of trade. Xxx (Philippine Competition Act)

Article 186 has been Repealed by RA 10667

However, violations of Article 186 committed before the effectivity of the law may continue to be prosecuted unless the same have been barred by prescription, and subject to the procedure under Section 31 of RA 10667. Where it requires that there be a fact-finding or preliminary inquiry by the Philippine Competition Commission for the enforcement of the Act. If evidence so warrant the Commission may file before DOJ.

Article 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys.

Articles or Merchandise Involved Those made of

1. Gold

2. Silver

3. Other precious metals, or

4. Their alloys

ELEMENTS

1. That the offender imports, sells or disposes of any of those articles or merchandise.

2. That the stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys.

3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of the metals or alloys.

RA 8293

Intellectual Property Code of the Philippines

Mark

means any visible sign capable of distinguishing the goods (trademark) or services (Service mark) of an enterprise and shall include a stamped or marked container.

Tradename

means the name or designation identifying or distinguishing an enterprise

Trademark Infringement

1. The validity of plaintiff’s mark;

2. The plaintiff’s ownership of the mark; and

3. The use of the mark or its colorable imitation by the alleged infringer results in "likelihood of confusion