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What are the crimes called forgeries?

1. Forging the seal of the govt, signature or stamp of the Chief Executive (ART. 161)
2. Counterfeiting coins (ART.163)
3. Mutilation of coins ( ART. 164)
4. Forging treasury or bank notes or other documents payable to the
bearer(ART.166)
5. Counterfeiting instruments not payable to the bearer (ART. 167)
6. Falsification of legislative documents (ART. 170)
7. Falsification by public officer, employee or notary or ecclesiastical minister. (ART.
171)
8. Falsification by private individuals (ART. 172)
9. Falsification of wireless, cable, telegraph and telephone messages(ART. 173)
10. Falsification of medical certificates, certificates of merit or service (ART. 174)
ART. 161: Forging the seal of the govt, signature or
stamp of the Chief Executive (ART. 161)

Acts punished:

1.Forging the seal of the govt. of the Philippines


2. Forging the signature of the President;
3. Forging the stamp of the President
ART. 162: Using forged signature or
counterfeit seal or stamp.

Elements:

1. That the Great Seal of the Republic was counterfeited or


the signature or stamp of the Chief Executive was forged
by another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal, or forged signature or
forgery.
ART. 163: Counterfeiting coins


hat are the crimes under counterfeiting coins?

1. Making and importing and uttering false coins


(ART. 163)
2. Mutilation of coins ʹ importation and utterance
of mutilated coins (ART. 164)
3. Selling false or mutilated coin, without
connivance (ART. 165)
ART.163: Making and importing and uttering false
coins

þ  

1. That there be false or counterfeited coins.


2. That the offender either made, imported or uttered
such coins.
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or importers.

Coin
å a piece of metal stamped with certain marks and made current at a
certain value. ( Bouvier͛s Law Dictionary, 519)

hen is a coin false or counterfeited?

A coin if false or counterfeited, if it is forged or if it is


not authorized by the government as legal tender,
regardless of its intrinsic value.
ART. 164. Mutilation of coins ʹ Importation and
utterance of mutilated coins

Acts punishable under ART. 164:

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.
ART. 165: Selling of false or mutilated coin,
without connivance.

Acts punishable under ART. 165:


1. Possession of coin, counterfeited or mutilated by another person,
with intent to utter the same, knowing that it is false or mutilated.
Elements:
a. Possession;
b. with intent to utter; and
c. Knowledge.
2. Actually uttering such false or mutilated coin, knowing the
same to be false or mutilated.
Elements:
a. Actually uttering, and
b. knowledge
ART. 166: Forging treasury or bank notes ,
obligations and securities other documents
payable to bearer; importing and uttering such
false or forged notes and documents

What are the acts penalizedunder ART. 166:

1. Forging or falsification of treasury or bank notes or other


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.
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hat are the 2 offenses contemplated in Art. 177?

1. Usurpation of authority;
2. Usurpation of official function.
( People vs. Belarmino, C.A. 58 O.G. 6284)
2 Ways of committing the crime under ART.177
1. By knowingly and falsely representing oneself to
be an officer, agent or representative of any
department or agency of the Phil Govt or any
foreign govt;
2. By performing any act pertaining to any person in
authority or public officer of the Phil. govt or of a
foreign govt or any agency thereof, under pretense
of official position, and without being lawfully
entitled to do so.
Art. 178 Using fictitious name and concealing true name

þlements ( Using fictitious 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 __
a. to conceal a crime;
b. to evade the execution of a judgment;
c. to cause damage to public interest

  

Any other name which a person publicly


applies to himself without authority of law.
( U.S. vs. To Lee Piu, 35 Phil. 4)

         

1. That the offender conceals ʹ


a. his true name; and
b. all other personal circumstances.
2. That the purpose is only to conceal his
identity.
Art. 179: Illegal use of uniforms or insignia.

þlements ( Illegal use of uniforms or 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
is 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.
What are the 3 forms of false testimony:

1. False testimony in criminal cases ( ART. 180 & 181)


2. False testimony in civil cases.(ART.182)
3. False testimony in other cases (ART. 183)
Art. 180: False testimony Against a defendant

What are the elements on false testimony


against a defendant:

1. That there be a criminal proceeding;


2. That the offender testifies falsely under oath against the
defendant therein;
3. That the offender who gives false testimony knows that it
is false;
4. That the defendant against whom the false testimony is
given is either acquitted or convicted in a final judgment.
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Art. 182: False testimony in civil cases

What are the elements?


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 a
intent to affect issues presented in said case.
Art. 183: False testimony in other cases and perjury in
solemn affirmation.

What are the 2 ways of committing perjury?

1. By falsely testifying under oath; and


2. By making a false affidavit.
Art. 183: False testimony in other cases and perjury in
solemn affirmation.

What are the elements of committing 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; and,
4. That the sworn statement or affidavit containing the falsity is
required by law.
Affidavit
= is a sworn statement in writing; a declaration in writing,
made upon oath before an authorized magistrate or officer.

„ath
= any form of attestation by which a person signifies that he is
bound in conscience to perfrom an act faithfully and truthfully.

Material matter
= It is the main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact or circumstance
which tend to corraborate or strengthen the testimony
relative to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies.
( US vs. þstraña, 16 Phil. 520)
ART. 184: „ffering false testimony in evidence

What are the elements of 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 the testimony was false;
3. That the offer was made in a judicial or official
proceeding
What are the crimes classified as frauds?
1. Machinations in public auctions (ART. 185)
2. Monopolies and combinations in restraint of trade (ART. 186)
3. Importation and disposition of falsely marked articles or
merchandise made of gold, silver or other precious
metals.(ART.187)
4. Subsisting and altering trademarks and tradenames or
service marks (ART. 188)
5. Unfair competition, fraudulent registration of tradename,
trademark or service mark; fraudulent designation of origin
and false description (ART. 189)
ART. 185 Machinations in public auctions

hat are the acts punishable under ART. 185?

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, promises or any other
artifice.
ART. 185 Machinations in public auctions

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.
ART. 185 Machinations in public auctions

Elements of attempting to cause bidders to stay


away:

1. That there be a public auction;


2. That the accused attempted to cause the bidders to
stay away from that public auction;
3. That it was done by threats, gifts, promises or any
other artifice.
4. That the accused had the intent o cause the
reduction of the price of the thing auctioned.
ART. 186: Monopolies and
combinations in restraint of trade.

Acts punished as monopolies and


combinations in restraint of trade:
1. Combination to prevent free competition;
2. Monopoly to restrain free competition in the market.
3. 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.0000
ART.187: Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other
precious metal or their alloys

Ä    Elements:

Those made of ʹ
a. gold; 1. That the offender imports, sells or
b. silver, disposes of any of those articles or
merchandise;
c. „ther precious metals, or
2. That the stamps, brands, or marks of
d. Their alloys.
those articles of merchandise fail to
indicate the actual fineness or
quality of the said metals or alloys;
3. That the offender knows that the
stamps, brands or marks fails to
indicate the actual fineness or
quality of the metals or alloys.
ART. 188: Substituting and altering
trademarks, tradenames, or
service marks

What are the acts punishable by ART. 188:

1. By (1) substituting the tradename or trademark of some other


manufacturer or dealer, or colorable imitation thereof, for the trade
name or trademark of the real manufacturer or dealer upon any
article of commerce, and (2) selling the same.
2. By selling or by offering for sale such articles of commerce, knowing
that the tradename or trademark has been fraudulently used.
3. By using or substituting the service mark of some other person, or
colorable imitation of such mark, in the sale of advertising of his
services.
4. By printing, lithographing or reproducing tradename, trademark, or
service mark of one person, or a colorable imitation thereof, to
enable another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used.
ART. 189: Unfair competition, fraudulent registration of
trade name, trade mark, or service mark, fraudulent
designation of origin, and false description.

What are the acts of the offender punished under ART. 189?

1. By selling his goods, giving them the general appearance of the


goods of another manufacturer or dealer( Unfair competition)
2. By (1) affixing to his goods or using in connection with his services a
false designation of origin, or any false description or
representation, and (2) by selling such goods or services.
( Fraudulent designation of origin; False description)
3. By procuring fraudulently from the patent office the registration of
tradename, trade mark or service mark. ( fraudulent registration )

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