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Republic of the Philippines

TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST

Article 161
TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
1 Forging the great seal of the Government
2 Forging the signature of the President
3 Forging the stamp of the President
When the signature of the President is forged, it is not falsification but forging of
signature under this article
Signature must be forged, others signed it not the President.

Article 162
USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
4 That the great seal of the republic was counterfeited or the signature or stamp of
the chief executive was forged by another person.
5 That the offender knew of the counterfeiting or forgery.
6 That he used the counterfeit seal or forged signature or stamp.
Offender is NOT the forger/not the cause of the counterfeiting

Article 163
ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE
COINS:
7 That there be false or counterfeited coins (need not be legal tender).
8 That the offender either made, imported or uttered such coins.
9 That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
Coin is counterfeit if it is forged, or if it is not an article of the government as
legal tender, regardless if it is of no value
Counterfeiting imitation of legal or genuine coin (may contain more silver,
different design) such as to deceive an ordinary person in believing it to be genuine
Utter to pass counterfeited coins, deliver or give away
Import to bring to port the same

Both Philippine and foreign state coins


Applies also to coins withdrawn from circulation
Essence of article: making of coins without authority

Article 164
ELEMENTS OF MULTILATION OF COINS IMPORTATION AND
UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:
10 willful defacement
11 mutilation
12 tearing
13 burning
14 destruction of Central Bank notes and coins
Mutilation to take off part of the metal either by filling it or substituting it for
another metal of inferior quality, to diminish by inferior means (to diminish metal
contents).
Foreign notes and coins not included. Must be legal tender.
Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
2 Types
15 Possession of coin, counterfeited or mutilated by another person, with intent to
utter the same, knowing that it is false or mutilated.
ELEMENTS:
16 possession
17 with intent to utter, and
18 knowledge
19 Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
20 actually uttering, and
21 knowledge.
Possession does not require legal tender in foreign coins

Includes constructive possession


Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING
Acts punishable:
22 Forging or falsity of treasury/bank notes or documents payable to bearer
23 Importing of such notes
24 Uttering of such false or forged obligations and notes in connivance with forgers
and importers
Forging by giving a treasury or bank note or document payable to bearer/order
an appearance of a true and genuine document
Falsification by erasing, substituting, counterfeiting or altering by any means the
figures and letters, words, signs contained therein
E.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification
of an obligation or security of the Phil
PNB checks not included here its falsification of commercial document under
Article 172
Obligation or security includes: bonds, certificate of indebtedness, bills, national
bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money,
sweepstakes money

Article 167
ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER:
25 That there be an instrument payable to order or other document of credit not
payable to bearer.
26 That the offender either forged, imported or uttered such instruments.
27 That in case of uttering, he connived with the forger or importer.

Article 168
ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY
OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
28 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.

29 That the offender knows that any of those instruments is forged or falsified.
30 That he performs any of these acts
1 using any of such forged or falsified instrument, or
2 possessing with intent to use any of such forged or falsified instrument.
Act sought to be punished: Knowingly possessing with intent to use any of such
forged treasury or bank notes

Article 169
FORGERY
How forgery is committed:
if all acts done but genuine appearance is not given, the crime is frustrated
31 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
32 by erasing, substituting, counterfeiting, altering by any means the figures, letters
or words, or signs contained therein.

Article 170
ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
33 That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal council.
34 That the offender (any person) alters the same.
35 That he has no proper authority therefor.
36 That the alteration has changed the meaning of the document.
Accused must not be a public official entrusted with the custody or possession of
such document otherwise Art 171 applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR
NOTARY OR ECCLESTASTICAL MINISTER

37
38
39

ELEMENTS:
That the offender is a public officer, employee, or notary public.
That he takes advantage of his official position.
That he falsifies a document by committing any of the following acts:
1 Counterfeiting or imitating any handwriting, signature or rubric.

Requisites:
40 That there be an intent to imitate, or an attempt to imitate
41 That the two signatures or handwritings, the genuine and the forged, bear some
resemblance, to each other
(lack of similitude/imitation of a genuine signature will not be a ground for
conviction under par. 1 but such is not an impediment to conviction under par. 2)
42 Causing it to appear that persons have participated in any act or proceeding when
they did not in fact so participate.
43 Attributing to persons who have participated in an act or proceeding statements
other than those in fact made by them.
Requisites:
44 That the offender caused it to appear in a document that a person/s participated in
an act or a proceeding; and
45 That such person/s did not in fact so participate in the act or proceeding
46 Making untruthful statements in a narration of facts;
Requisites:
47 That the offender makes in a document statements in a narration of facts
48 That he has a legal obligation to disclose the truth of the facts narrated by him;
(required by law to be done) and
49 That the facts narrated by the offender are absolutely false; and
50 That the perversion or truth in the narration of facts was made with the wrongful
intent of injuring a third person
There must be a narration of facts, not a conclusion of law. Must be on a material
matter
Legal obligation means that there is a law requiring the disclosure of the truth of
the facts narrated. Ex. Residence certificates
The person making the narration of facts must be aware of the falsity of the facts
narrated by him. This kind of falsification may be committed by omission
51 Altering true dates. date must be essential
52 Making any alteration or intercalation in a genuine document which changes its
meaning.
Requisites:
53 That there be an alteration (change) or intercalation (insertion) on a document
54 That it was made on a genuine document
55 That the alteration/intercalation has changed the meaning of the document
56 That the change made the document speak something false.
57 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 copy a statement

contrary to, or different from, that of the genuine original; (if no knowledge,
falsification through negligence) or
58 Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book. (genuine document)
59 In case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.
There is no crime of attempted or frustrated falsification of public document
Persons liable public officer, employee or notary public or ecclesiastical
minister
If offender does not take advantage of his public position, he may still be liable
for falsification of documents by a private person
Document: any written statement by which a right is established or an obligation
is extinguished
Not necessary that what is falsified is a genuine or real document, enough that it
gives an appearance of a genuine article
Counterfeiting imitating any handwriting, signature or rubric
Feigning simulating a signature, handwriting, or rubric out of one of which does
not in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1)
ELEMENTS
60 That the offender is a private individual or a public officer or employee who did
not take advantage of his official position.
61 That he committed any of the acts of falsification enumerated in ART. 171.
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 participated.
3 Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4 Making untruthful statements in a narration of facts;
5 Altering true dates.
6 Making any alteration or intercalation in a genuine document which
changes its meaning.
7 That the falsification was committed in any public or official or
commercial document.
Under this paragraph, damage is not essential, it is presumed
Defense: lack of malice or criminal intent

The following writings are public:


Examples of commercial documents warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts,
letters of credit and other negotiable instruments
Cash disbursement vouchers or receipts evidencing payments are not commercial
documents
A mere blank form of an official document is not in itself a document
The possessor of falsified document is presumed to be the author of the
falsification
62 the written acts or records of cats of the sovereign authority of official bodies and
tribunals, and of the public officers, legislative, judicial and executive, whether of the
Philippines or of a foreign country.
63 Public records kept in the Philippines.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT


ELEMENTS :
64 That the offender committed any of the acts of falsification, except those in
paragraph 7 and 8, enumerated in art. 171.
65 That the falsification was committed in any private document (must affect the
truth or integrity of the document)
66 That the falsification caused damage (essential element; hence, no crime of estafa
thus falsification of private document) to a third party or at least the falsification was
committed with intent to cause such damage.
Not necessary that the offender profited or hoped to profit from the falsification
A document falsified as a necessary means to commit another crime must be
public, official or commercial
There is no complex crime of estafa through falsification of a private document
because the immediate effect of the latter is the same as that of estafa
If the estafa was already consummated at the time of the falsification of a private
document was committed for the purpose of concealing the estafa, the falsification is
not punishable, because as regards the falsification of the private document there was
no damage or intent to cause damage.
A private document may acquire the character of a public document when it
becomes part of an official record and is certified by a public officer duly authorized
by law
The crime is falsification of public documents even if falsification took place
before the private document becomes part of the public records.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

ELEMENTS:
67 Introducing in a judicial proceeding:
68 That the offender knew that a document was falsified by another person.
69 That the false document is embraced in art. 171 or in any subdivisions nos. 1 and
2 of art. 172.
70 That he introduced said document in evidence in any judicial proceeding. (intent
to cause damage not necessary)
71 that the offender knew that a document was falsified by another person.
72 That the false document is embraced in art. 171 or in any of subdivisions nos. 1
and 2 of art. 172.
73 That he used such documents (not in judicial proceedings).
74 That the use of the documents caused damage to another or at least was used with
intent to cause such damage.
75 Use in any other transaction
The user of the falsified document is deemed the author of falsification, if:
76 the use is so closely connected in time with the falsification
77 the user had the capacity of falsifying the document

Falsification of Private Documents

Falsification of Public/Official Documents

Prejudice to third party is an element


of the offense.

Prejudice to third persons is immaterial, what is


punished is the violation of public faith and
perversion of truth which the document
proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
Acts punishable:
78 Uttering fictitious, wireless, telegraph or telephone message
Requisites:
79 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 message.
80 That the accused commits any of the following acts:

uttering fictitious wireless, cable, telegraph, or telephone message, or

falsifying wireless, cable, telegraph, or telephone message


81 Falsifying wireless, telegraph or telephone message

Requisites:
82 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 message.
83 That the accused commits any of the following acts:
-

uttering fictitious wireless, cable, telegraph, or telephone message, or

falsifying wireless, cable, telegraph, or telephone message


84 Using such falsified message

Requisites:
85 That the accused knew that wireless, cable, telegraph, or telephone message was
falsified by any of the person specified in the first paragraph of art. 173.
86 That the accused used such falsified dispatch.
87 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.
The public officer, to be liable must be engaged in the service of sending or
receiving wireless, cable and telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR
SERVICE AND THE LIKE:
Persons liable:
88 Physician or surgeon who, in connection with the practice of his profession,
issued a false certificate (note: such certificate must refer to the illness or injury of a
person)
89 Public officer who issued a false certificate of merit of service, good conduct or
similar circumstances
90 Private individual who falsified a certificate under (1) and (2)

Article 175

ELEMENTS OF USING FALSE CERTIFICATES:


91 That a physician or surgeon has issued a false medical certificate, or a public
officer has issued a false certificate of merit or service, good conduct, or similar
circumstances, or a private person had falsified any of said certificates.
92 That the offender knew that the certificate was false.
93 That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:
Acts punishable:
94 Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
95 Possessing with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced into the Philippines by another person
The implement confiscated need not form a complete set
Constructive possession is also punished

II. OTHER FALSITIES


Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
2 ways of committing the crime:
96 By knowingly and falsely representing oneself to be an officer, agent or
representative of any department or agency of the Philippine govt or any foreign
govt.
97 By performing an act pertaining to any person in authority or public officer of the
Phil govt or foreign govt under the pretense of such official position, and without
being lawfully entitled to do so.
In usurpation of authority: The mere act of knowingly and falsely representing
oneself is sufficient. Not necessary that he performs an act pertaining to a public
officer.
In usurpation of official functions: It is essential that the offender should have
performed an act pertaining to a person in authority
A public officer may also be an offender
The act performed without being lawfully entitled to do so must pertain:
98 to the govt

99 to any person in authority


100 to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
ELEMENTS (using fictitious name) :
101 That the offender uses a name other than his real name.
102 That he uses that fictitious name publicly.
103 That the purpose of the offender is
1 To conceal a crime,
2 To evade the execution of a judgment, or
3 To cause damage to public interest. (ex. Signing fictitious name for a
passport)
ELEMENTS (concealing true name):
104 that the offender conceals
105 his true name, and
106 all other personal circumstances.
1 that the purpose is only to conceal his identity.
Use of Fictitious Name (178)

Concealing True Name (178)

Element of publicity must be present

Publicity not necessary

Purpose is to conceal a crime, to evade the


execution of a judgement, or to cause damage

Purpose is to conceal identity

Article 179
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
107 That the offender makes use of insignia, uniform or dress.
108 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.
109 That said insignia, uniform or dress is used publicly and improperly.
an exact imitation of the dress or uniform is unnecessary

Article 180
ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
110That there be a criminal proceeding.

111That the offender testifies falsely under oath against the defendant therein.
112That the offender who gives false testimony knows that it is false.
113That the defendant against whom the false testimony is given is either acquitted or
convinced in a final judgment (prescriptive period starts at this point)
Requires criminal intent, cant be committed through negligence. Need not impute
guilt upon the accused
The defendant must at least be sentenced to a correctional penalty or a fine or
must have been acquitted
The witness who gave false testimony is liable even if the court did not consider
his testimony
Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
False testimony by negative statement is in favor of the defendant
False testimony need not in fact benefit the defendant
A statement of a mere opinion is not punishable
Conviction or acquittal is not necessary (final judgement is not necessary). The
false testimony need not influence the acquittal
A defendant who voluntarily goes up on the witness stand and falsely imputes the
offense to another person the commission of the offense is liable under this article. If
he merely denies the commission of the offense, he is not liable.
Basis of penalty: gravity of the felony charged against the defendant

Article 182
ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
114That the testimony must be given in a civil case.
115That the testimony must relate to the issues presented in said case.
116That the testimony must be false.
117That the false testimony must be given by the defendant knowing the same to be
false.
118That the testimony must be malicious and given with an intent to affect the issues
presented in the said case
Not applicable when testimony given in a special proceeding (in this case, the
crime is perjury)
Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION:
119That an accused made a statement under oath or made an affidavit upon a material
matter.
120 That the statement or affidavit was made before a competent officer, authorized
to receive and administer oath.
121 That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
122 That the sworn statement or affidavit containing the falsity is required by law.

2 ways of committing perjury:


Subornation of perjury: procures another to swear falsely. Solemn affirmation:
refers to non-judicial proceedings and affidavits
A false affidavit to a criminal complaint may give rise to perjury
A matter is material when it is directed to prove a fact in issue
A competent person authorized to administer an oath means a person who has a
right to inquire into the questions presented to him upon matters under his jurisdiction
There is no perjury through negligence or imprudence since the assertion of
falsehood must be willful and deliberate
Even if there is no law requiring the statement to be made under oath, as long as it
is made for a legal purpose, it is sufficient
Perjury is an offense which covers false oaths other than those taken in the course
of judicial proceedings
False testimony before the justice of the peace during the P.I. may give rise to the
crime of perjury because false testimony in judicial proceedings contemplates an
actual trial where a judgment of conviction or acquittal is rendered
A person who knowingly and willfully procures another to swear falsely commits
subornation of perjury and the witness suborned does testify under circumstances
rendering him guilty of perjury.
The false testimony is not in a judicial proceeding
123 by falsely testifying under oath
124 by making a false statement

Article 184
ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:
a

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

That he knew the witness or the testimony was false.

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


Article applies when the offender without inducing another, but knowing him to
be a false witness, presented him and the latter testified falsely in a judicial or official
proceeding
The false witness need not be convicted of false testimony. The mere offer is
sufficient.

III. FRAUDS
Article 185
ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a

That there be a public auction.

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

c That such gifts or promise was the consideration for his refraining from taking part
in that public auction.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
a

That there be a public auction.

That the accused attempted to cause the bidders to stay away from that public auction

That it was done by threats, gifts, promises, or any other artifice.

d 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:
Acts punished:
125 Combination to prevent free competition in the market

126 By entering into a contract or agreement or taking part in any conspiracy or


combination in the form of a trust or otherwise, in restraint of trade or commerce or
prevent by artificial means free competition in the market (It is enough that initial
steps are taken. It is not necessary that there be actual restraint of trade)
127 Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, by combining with
any person or persons to monopolize said merchandise or object in order to alter the
prices thereof by spreading false rumors or making use of any other artifice to restrain
free competition in the market
128 Manufacturer, producer or processor or importer combining, conspiring or
agreeing with any person to make transactions prejudicial to lawful commerce or to
increase the market price of the merchandise.
Person/s liable:
Crime is committed by:
The purpose is:
Also liable as principals:
Aggravated if items are:
129 manufacturer
130 producer
131 processor
132 importer
133 combining
134 conspiring
135 agreeing with another person
136 to make transactions prejudicial to lawful commerce
137 to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Phil
138 corporation/association
139 agent/representative
140 director/manager who willingly permitted or failed to prevent commission of
above offense
141 food substance
142 motor fuel or lubricants
143 goods of prime necessity

Article 187
ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS:

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

b That the stamps, brands, or marks or those articles or merchandise fails to indicate
the actual fineness or quality of said metals or alloys.
c That the offender knows that the said stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or alloys.

Article 188
SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE
MARK
Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real
manufacturer or dealer upon any article of commerce and (b) selling the same.
b By selling or by offering for sale such article of commerce, knowing that the t/n or
t/m has been fraudulently used
c By using or substituting the service mark of some other person, or a colorable
imitation of such marks, in the sale or advertising of services
d By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a
colorable limitation thereof, to enable another person to fraudulently use the same,
knowing the fraudulent purpose for which it is to be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME,
TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of the
goods of another manufacturer or dealer
b Fraudulent designation of origin; false description by (a) affixing to his goods or
using in connection with his services a false designation of origin; or any false

description or representation, and (b) selling such goods or services


c Fraudulent registration by procuring fraudulently from the patent office the
registration of t/m, t/m or service mark.
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of another
manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any other
feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a chance
or opportunity to do the same with a like purpose.
d

That there is actual intent to deceive the public or defraud a competitor.

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