CRIMES

AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against National Security 1. Treason (RP-death) a. Filipino citizen/resident alien b. Philippines is at war c. Offender - i. levies war against the Government (must be with foreign enemy) 1. actual assembling of men 2. purpose of executing treasonable design by force ii. adheres to enemies, giving them aid or comfort 2. Conspiracy and proposal to commit treason (PM, PC) 3. Misprision of Treason (Acc of Treason) a. Filipino citizen b. Had knowledge of conspiracy to commit treason c. Conceals/does not disclose this to governor/fiscal/mayor 4. Espionage (PC) a. by entering without authority any warship, fort or naval/military establishment to obtain confidential information/plans/photos/other data relative to Philippine defense i. Offender (any person) enters any of the places mentioned ii. He has no authority iii. Purpose is to obtain confidential information relative to Philippine defense (upon entry)

b. by disclosing to foreign representative the contents of articles/data/information which he had possession of by reason of his public office i. Offender is public officer ii. Has possession of confidential information by virtue of public office iii. He discloses contents to representative of foreign nation Crimes against the Law of Nations 1. Inciting to war or giving motives for reprisals (RT) a. Offender performs unlawful/unauthorized acts b. Acts provoke/give occasion for war involving Philippines or expose Filipinos to reprisals (effect, not intent, is considered; in time of peace) 2. Violation of Neutrality (PC) a. There is war where Philippines is not involved b. There is a regulation by competent authority enforcing neutrality c. Offender violates regulation 3. Correspondence with a hostile country (PC-RT) a. Philippines is involved in war b. Offender makes correspondence with enemy country/territory with enemy troops c. Correspondence is - i. prohibited by government (PC) ii. carried in ciphers/conventional signs (PM) iii. contains notice/info which might be useful to the enemy (RT)

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4. Flight to enemy's country (AM) a. Philippines is involved in war b. Filipino citizen/resident alien (Philippine allegiance) c. Attempt to flee/go to enemy country d. Fleeing/going to enemy country is prohibited by competent authority 5. Piracy in general and mutiny on the high seas or in Philippine waters (RP) a. Vessel is in the high seas/Philippine waters b. Offenders are not members of complement/passengers (repealed, can be any person) c. Offenders - i. attack/seize vessel ii. seize whole/part of cargo, equipment/belongings of complement/passengers **Qualifiers (RP-death): 1. Seizure of vessel by boarding/firing upon it 2. Abandonment of victims w/o means of saving themselves 3. Crime is effected with murder, homicide, physical injuries, rape

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Arbitrary detention and expulsion 1. Arbitrary detention (table) a. Public officer/employee (with authority for detention; if private/without authority, it is illegal detention) b. Person is detained c. Detention is without legal grounds

2. Delay in the delivery of detained persons to the proper judicial authorities (table) a. Public officer/employee (if private person, illegal detention) b. Person is detained on some legal ground c. Failure to deliver such person to proper judicial authorities within i. 12 hours, for light penalties ii. 18 hours, for correctional penalties iii. 36 hours, for afflictive penalties 3. Delaying release (table) a. Public officer/employee b. There is a judicial/executive order for release of a prisoner/detainee, or a proceeding upon petition for his release c. Offender, without good reason, delays - i. service of notice of such order to prisoner ii. performance of such order to release the prisoner iii. the proceedings upon a petition for release of the prisoner 4. Expulsion (PC) a. Public officer/employee b. He expels any person from the Philippines/compels such person to change his residence c. He is not authorized by law Violation of domicile 1. Violation of domicile (PCmin) 1. Public officer/employee (if private, trespass to dwelling) 2. Not authorized by judicial order (no warrant)

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entering dwelling against will of owner searching effects therein without consent of owner o refusing to leave after entering surreptitiously Qualifiers (PCmid-max) o Committed at nighttime o Effects not returned immediately after search 2. Search warrants maliciously obtained and abuse in the service of those legally obtained (AMmax-PCmin) 1. Procuring search warrant without just cause i. Public officer/employee ii. Procures search warrant iii. Without just cause (test=if perjury can be charged) 2. Exceeding authority/using unnecessary severity in executing legal search warrant i. Public officer/employee ii. Legally procures search warrant iii. He exceeds his authority/uses unnecessary severity in execution 3. Searching domicile without witnesses (AMmid-max) 1. Public officer/employee 2. Armed with legally procured search warrant 3. Searches domicile, papers or other belongings of any person (in dwelling) 4. Owner/any member of family/2 witnesses residing in same locality are absent

Acts o o

Prohibition, interruption and dissolution of peaceful meetings 1. Prohibition, interruption, and dissolution of peaceful meetings (PCmin) a. Public officer/employee (must not be a participant; if private or participant, disturbance of public order) b. Performs any of the following acts: i. prohibiting/interrupting/dissolving a peaceful meeting without legal ground ii. hindering any person from joining any lawful association or from attending any of its meetings iii. prohibiting/hindering any person from addressing the authorities for redress of grievances Crimes against religious worship 1. Interruption of religious worship (PCmin) a. Public officer/employee b. Religious ceremonies/manifestations of any religion are about to take place/on-going c. He prevents/disturbs the same Qualifier (PCmid-max): o Committed with violence/threats 2. Offending the religious feelings (AMmax-PCmin) a. Acts complained of were performed - i. in a place devoted to religious worship ii. during the celebration of any religious ceremony b. Acts are notoriously offensive to the faithful's feelings (from complainant's POV)

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CRIMES AGAINST PUBLIC ORDER

Rebellion, Coup d'etat, Sedition and Disloyalty 1. Rebellion or insurrection (Leader=RP, Member=RT) a. There be (1)public uprising and (2)taking arms against the government b. Purpose is - i. to remove from allegiance to gov't/its laws 1. the Philippine territory or any part 2. any body of land, naval/armed forces ii. to deprive the Chief Executive or Congress, wholly or partially, of any powers/prerogatives 2. Coup d'etat (Leader=RP, Govt employee member=RTmax, Private person member=PMmax) a. Military/police/public officer or employee b. Committed by means of a swift attack with violence, intimidation, threat, strategy or stealth c. Directed against duly constituted authorities of the Philippines/military camp or installation/communication networks/public utilities or other facilities needed for exercise/possession of power d. Purpose is to seize/diminish State power 3. Conspiracy and proposal to commit coup d'etat (PMmin), rebellion/insurrection (Conspiracy=PCmax, Proposal=PCmid) 4. Disloyalty of public officers or employees (PCmin) a. Public officer/employee b. Commits the following acts: i. failing to resist rebellion by all means within their power ii. continuing to discharge duties of their office under rebel control iii. accepting appointment to office

5. Inciting to rebellion (PMmin) a. Offender does not take arms/is not in open hostility against government b. He incites others to execute any act of rebellion (rise publicly/take arms against government for any purpose of rebellion) c. By means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end 6. Sedition (Leader=PMmin, Member=PCmax) a. Offenders rise (1)publicly and (2)tumultuously b. They employ force/intimidation/other illegal means c. For the following purposes: i. to prevent promulgation/execution of any law or holding of any popular election ii. to prevent the government/any public officer thereof from free exercise of its functions or prevent the execution of any admin order iii. to inflict any act of hate/revenge upon person/property of public officer/employee iv. to commit any act of hate/revenge against private persons/any social class for any political/social end v. to despoil any person/municipality/province or national government of property for any political/social end 7. Conspiracy to commit sedition (PCmid)

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8. Inciting to sedition (PCmax) a. Offender does not take direct part in sedition b. Incites others to accomplishment of the ff acts: i. inciting others to accomplishment of any acts of sedition by means of speeches, proclamations, writings, emblems, etc ii. uttering seditious words/speeches which tend to disturb public peace iii. writing/publishing/circulating scurrilous libels against gov't/duly constituted authorities which tend to disturb public peace c. Inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners Uttering seditious words/writing scurrilous libels punishable when they: o tend to disturb/obstruct lawful officer from executing functions of his office o tend to instigate others to cabal/meet together for unlawful purposes o suggest/incite rebellious conspiracies/riots o lead/tend to stir up the people against lawful authorities/disturb peace of community/safety and order of government Knowingly concealing such evil practices punishable

Crimes against popular representation 1. Acts tending to prevent the meeting of Congress and similar bodies (PC) a. There be a projected/actual meeting of Congress/its committees/subcommittees or constitutional committees/divisions or provincial/city/municipal council or board b. Offender (any person) prevents such by force/fraud 2. Disturbance of proceedings of Congress or similar bodies (AM) a. There be a meeting of Congress (any committee, etc) b. Offender (any person) - i. disturbs such meetings ii. behaves in a manner as to interrupt it proceedings or impair the respect due it while in their presence 3. Violation of parliamentary immunity a. Preventing of Congress members from duty (PM) i. Offender (any person) uses force, intimidation, threats or fraud ii. Purpose is to prevent any Congress member from 1. attending any meeting 2. expressing his opinions 3. casting his vote b. Arrest/search of Congressman while in session (PC) i. Public officer/employee ii. He arrests/searches any Congressman iii. Congress is in regular/special session iv. Congressman has not committed a crime punishable by more than 6 years (PM)

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Illegal Assemblies and Associations 1. Illegal assemblies (Leader=PMmid, armed member=PC, unarmed member=AM) a. Meeting of armed persons for purpose of committing any felony i. Meeting/gathering of persons, fixed place or moving ii. Attended by armed persons (a good number) iii. Purpose is to commit a felony b. Meeting of armed/unarmed persons incited to commission of treason, rebellion/insurrection, sedition or direct assault i. Meeting/gathering of persons, fixed place or moving ii. Audience, armed or not, is incited to the commission of treason, rebellion/insurrection, sedition, direct assault 2. Illegal associations (Founder=PCmin-mid, member=AM) a. Associations totally/partially organized for purpose of committing any felony/act contrary to public morals Assault upon, and resistance and disobedience to, persons in authority and their agents 1. Direct assaults (PCmin) a. Attaining any of the purposes of rebellion/sedition with force/intimidation w/o public uprising i. Offender employs force/intimidation ii. Aim is to attain any of the purposes of rebellion/sedition iii. No public uprising

b. Assault against persons in authority i. Offender - 1. makes an attack 2. employs force 3. makes a serious intimidation 4. makes a serious resistance ii. Person assaulted is person in authority/agent iii. Person in authority/agent is (1)engaged in performance of duties or (2)assaulted by reason of past performance of duties iv. Offender knows that offended party is person in authority/agent in exercise of duties v. No public uprising Qualifiers (PCmid-max): o Use of weapon o Public officer/employee o Offender lays hands upon person in authority 2. Indirect assaults (PCmin-mid) a. Person in authority/agent is being directly assaulted b. Person comes to aid of such person in authority/agent c. Offender uses force/intimidation upon person helping the person in authority/agent 3. Disobedience to summons issued by Congress, its committees, etc., the constitutional commissions, its committees, etc. (AM) a. Refusing without legal excuse to obey summons b. Refusing to be sworn or placed under affirmation c. Refusing to answer any legal inquiry, or produce any effects in his possession when required to do so d. Restraining another from attending as witness e. Inducing disobedience to summons or refusal to be sworn in

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4. Resistance and disobedience to a person in authority or the agents of such person a. Resistance and serious disobedience (AM) i. Person in authority/agent is in the performance of official duty/gives lawful order to offender ii. Offender resists/seriously disobeys iii. Act is not included in 148,149,150 b. Simple disobedience (AMenor) i. Agent (only) is in the performance of official duty/gives lawful order to offender ii. Offender disobeys iii. Disobedience is not serious Public disorders 1. Tumults and other disturbances of public order a. Causing serious disturbance in a public place, office or establishment (AMmid-PCmin) b. Interrupting/disturbing performances, functions, gatherings or peaceful meetings not included in 131/132 (AMmid-PCmin) c. Making an outcry tending to incite rebellion/sedition in any meeting/association/public place (AM) d. Displaying placards/emblems which provoke a disturbance of public order in such place (AM) e. Burying with pomp the body of legally executed person Qualifier: disturbance/interruption is tumultuous 2. Unlawful use of means of publication and unlawful utterances (AM) a. Publishing/causing to be published by means of printing/lithography/other means as news any false

news which may endanger the public order, or cause damage to the interest or credit of the State b. Encouraging disobedience to the law/constituted authorities or praising/justifying/extolling any crime, by same means or words/utterances/speeches c. Maliciously publishing/causing to be published any official resolution/document without proper authority or before they have been officially published d. Printing/publishing/distributing books, pamphlets, periodicals or leaflets which do not bear the real printer's name or which are classified as anonymous 3. Alarms and scandals (AMenor) a. Discharging firearm/rocket/firecracker/other explosive within any town/public place, calculated to cause/produces alarm or danger b. Instigating/taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. Disturbing the peace while wandering about at night/engaged in nocturnal amusements d. Causing disturbance/scandal in public places while intoxicated, where 153 is not applicable 4. Delivering prisoners from jails (AM) a. Person confined in jail/penal establishment b. Offender removes/helps in the escape of such person (not in his custody, else infidelity in custody of prisoner) Qualifier: Violence, intimidation, bribery (AMmax- PCmin)

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Evasion of service of sentence 1. Evasion of service of sentence (PCmid-max) a. Convict by final judgment b. Serving sentence consisting of deprivation of liberty c. Evades his sentence by escaping during term Qualifiers (PCmax): o By means of unlawful entry (scaling of wall) o Breaking doors, windows, etc o Using picklocks, false keys, disguise, deceit, violence or intimidation o Connivance with other convicts/employees of penal institution 2. Evasion on occasion of disorders a. Convict by final judgment, confined in penal institution b. There is a disorder resulting from i. conflagration ii. earthquake iii. explosion iv. similar catastrophe v. mutiny in which he has not participated c. Offender leaves penal institution on occasion thereof d. He fails to give himself up within 48 hours following proclamation of President that disorder has passed 3. Violation of conditional pardon (PCmin-unexpired portion) a. Offender was a convict (final judgment) b. Granted conditional pardon by President c. He violated any conditions of pardon (found guilty)

Quasi-recidivism 1. Commission of another crime during service of penalty imposed for another previous offense (Max of new felony) a. Convict by final judgment (any crime) b. He commits new felony before/during service of sentence Qualifier: 70 years of age, not habitual criminal, can be pardoned

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CRIMES AGAINST PUBLIC INTEREST

FORGERIES Forging the seal of the Philippines, signature or stamp of the President 1. Counterfeiting the seal, forging the signature or stamp of President (RT) a. Forging Great Seal of the Philippines b. Forging the signature of the President c. Forging the stamp of the President 2. Using forged signature or counterfeit seal or stamp (PM) a. Great Seal was counterfeited or signature/stamp of President was forged by another b. Offender knew of counterfeiting/forgery c. He used the fake seal/signature/stamp Counterfeiting coins 1. Making, importing and uttering false coins (table) a. There be false/counterfeited coins b. Offender made/imported/uttered such coins c. In case of uttering, he connived with importer/counterfeiter 2. Mutilation of coins, importation and utterance of mutilated coins (PCmin) a. Mutilating coins of legal Philippine currency with intent to damage/defraud another b. Importing/uttering with connivance of mutilated coins

3. Selling of false or mutilated coin, without connivance a. Possession of mutilated/counterfeited coin i. Possession ii. Intent to utter iii. Knowledge b. Actual uttering of mutilated/counterfeited coin i. Actual uttering ii. Knowledge Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities 1. Forging treasury or bank notes or other documents payable to bearer; importing and uttering such false or forged notes and documents (table) a. Forging/falsification of notes/documents payable to bearer b. Importation of such notes/documents c. Uttering of such in connivance with forgers/importers 2. Counterfeiting, importing and uttering instruments not payable to bearer (PCmid-max) a. Instrument payable to order/not payable to bearer b. Offender forged/imported/uttered such instrument c. In case of uttering, connivance with forger/importer 3. Illegal possession and use of false treasury or bank notes and other instruments of credit a. Instrument payable to order/bearer is forged/falsified by another person b. Offender knows instrument is forged/falsified c. He - i. uses such instrument ii. possesses with intent to use such instrument

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 Falsification of legislative, public, commercial and private documents, and wireless, telegraph and telephone messages 1. Falsification of legislative documents (PCmax) a. Bill/resolution/ordinance enacted/approved/pending approval by any legislative body b. Offender alters the same c. He has no proper authority (any person) d. Alteration has changed the meaning of document 2. Falsification by a public officer, employee or notary (PM) a. Public officer/employee/notary b. He takes advantage of his official position i. duty to make/prepare/intervene in preparation of document ii. has official custody of document falsified c. He falsifies a document by: i. counterfeiting/imitating (feigning) any handwriting, signature or rubric 1. intent/attempt to imitate 2. signatures/handwritings bear some resemblance ii. causing it to appear persons have participated in act/proceeding which they did not 1. offender makes it appear in document that person/s participated in an act/proceeding 2. such person/s did not iii. attributing to persons who participated in act/proceeding statements they didn't make 1. persons participated in act/proceeding 2. such person made statements therein

3. offender attributes to them statements other than those which they made iv. making untruthful statements in narration of facts 1. offender makes statements in a narration of facts in a document 2. he has legal obligation to disclose truth 3. facts given are absolutely false 4. made with intent to injure 3rd persons (unnecessary for public documents) v. altering true dates vi. making alteration/intercalation of genuine document which changes its meaning 1. there's an alteration/intercalation on a document 2. genuine document 3. alteration/intercalation changed meaning of document 4. change made document false vii. issuing authenticated document purporting to be a copy of original when original doesn't exist, or including a statement contrary/different from original viii. intercalating instrument/note relative to issuance thereof in protocol/registry/book d. For ecclesiastical minister, act is when he falsifies any record/document affecting civil status of persons

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3. Falsification by private individuals and use of falsified documents (PCmid-max) a. Falsification of public/official/commercial document by private individual i. Private individual/public officer/employee who did not take advantage of position ii. Committed any of the acts of falsification iii. Document was public/official/commercial b. Falsification of private document i. Committed any of the acts of falsification, except par7 ii. Falsification was in a private document iii. Falsification caused/with intent to cause damage to 3rd party c. Use of falsified document in - i. Judicial proceeding 1. Offender knows document is falsified by another person 2. False document falls under 171/172 3. He introduced document as evidence in any judicial proceeding ii. Any other transaction 1. Offender knows document is falsified by another person 2. False document falls under 171/172 3. He used document (non-judicial proceeding) 4. Use of document caused/with intent to cause damage to another

4. Falsification of wireless, cable, telegraph and telephone messages and use of said falsified messages (PCmid-max) a. (1)Uttering fictitious message or (2)falsifying message i. Officer/employee of the government/private corporation engaged in service of sending/receiving wireless, cable or telephone messages ii. Offender - 1. utters fictitious message 2. falsifies message b. Use of falsified messages i. Offender knew message was falsified by persons specified in 1st paragraph ii. He used such falsified dispatch iii. Use resulted in/with intent to prejudice of 3rd party Falsification of medical certificates, certificates of merit or service 1. False medical certificates, false certificates of merit or service (Doctor/public officer=AMmax-PCmin, private=AM) 2. Using false certificates (AMenor) a. Physician/surgeon issued false medical certificate or public officer issued false certificate of merit/service or private person falsified any of said certificates b. Offender knew certificate was false c. Offender used certificate

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Manufacturing, importing and possession of instruments or implements intended for the commission of falsification 1. Manufacturing and possession of instruments or implements for falsification (PCmid-max) a. Making/introducing into Philippines stamps, dies, marks or other instruments for counterfeiting/falsification b. Possessing with intent to use instruments for counterfeiting/falsification made/introduced into the Philippines by another person

b. Concealing true name i. Offender conceals - 1. true name 2. other personal circumstances ii. Purpose is merely to conceal identity 3. Illegal use of uniform or insignia a. Offender makes use of insignia/uniform/dress b. Insignia/uniform/dress pertains to office not held by offender/class of persons of which he is not a member c. Insignia/uniform/dress used publicly and improperly False testimony 1. False testimony against a defendant (table) a. Criminal proceeding b. Offender testifies falsely under oath against defendant c. Offender knows testimony is false d. Defendant is acquitted or convicted by final judgment 2. False testimony favorable to a defendant (Afflictive=AMmax- PCmin, else=AM) 3. False testimony in civil cases (5000=PCmin, else=AMmax- PCmin) a. Testimony given in civil case b. Testimony relates to issues presented in case c. Testimony is false d. Offender knows testimony is false e. Testimony is malicious and with intent to affect issues presented in the case

OTHER FALSITIES Usurpation of authority, rank and title and improper use of names, uniforms and insignia 1. Usurpation of authority or official functions (PCmin-mid) a. Usurpation of authority - knowingly and falsely representing oneself to be an officer/agent/representative of any department/agency of Philippine/foreign government b. Usurpation of official functions - performing any act pertaining to person in authority/public officer of Philippine/foreign government under pretense of official position without being lawfully entitled to do so 2. Using fictitious name(AM) and concealing true name (AMenor) a. Using fictitious name i. Offender uses name other than his real name ii. Uses fictitious name publicly iii. Purpose is to - 1. conceal a crime 2. evade execution of judgment 3. cause damage to public interest

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4. False testimony in other cases and perjury (AMmax-PCmin) a. Accused made statement under oath/affidavit upon material matter b. Statement/affidavit made before competent officer c. In statement, accused made willful/deliberate assertion of falsehood d. Statement/affidavit is required by law (made for legal purpose) 5. Offering false testimony in evidence a. Offender offered in evidence false witness/testimony b. He knew witness/testimony was false c. Offer was made in judicial or official proceeding

2. Monopolies and combinations in restraint of trade (PCmin) a. Combination to prevent free competition in the market b. Monopoly to restrain free competition in the market c. Manufacturer/producer/processor/importer combining/conspiring/agreeing with any person to make transactions prejudicial to lawful commerce or increase market price of merchandise Frauds in commerce and industry 1. Importation and disposition of falsely marked articles or merchandise made of gold, silver or other precious metals or their alloys (PC) a. Offender imports/sells/disposes articles mentioned b. Stamps/brands/marks of articles fail to indicate actual fineness/quality of metals/alloys c. Offender knows stamps/brands/marks fail to indicate actual fineness/quality of metals/alloys 2. Substituting and altering trade marks and trade names or service marks (PCmin) a. Substituting tradename/trademark of some other manufacturer/dealer, or colorable imitation thereof, for tradename/trademark of real manufacturer/dealer upon any article of commerce, and selling the same b. Selling/offering for sale such articles of commerce, knowing tradename/trademark has been fraudulently used c. Using/substituting service mark of some other person, or colorable imitation, in sale/advertising of services d. Printing/lithographing/reproducing tradename/trademark/service mark of person, or colorable imitation, to enable another to fraudulently use the same, knowing the fraudulent purpose

FRAUDS Machinations, monopolies and combinations 1. Machinations in public auction (PCmin) a. Soliciting gift/promise i. There be a public auction ii. Accused solicited gift/promise from bidders iii. Gift/promise was consideration for refrain from taking part in public auction iv. Accused had intent to cause reduction of price of thing auctioned b. Attempting to cause bidders to stay away i. There be a public auction ii. Accused attempted to cause bidders to stay away from public auction iii. By threats, gifts, promises or other artifice iv. Accused had intent to cause reduction of price of thing auctioned

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3. Unfair competition and fraudulent registration of trade mark or trade name or service mark; fraudulent designation of origin, and false description (PCmin) a. Selling goods, giving them the general appearance of the goods of another manufacturer/dealer b. Affixing to goods/using with services a false designation of origin, or false description/representation and selling such goods/services c. Fraudulently procuring from patent office the registration of tradename/trademark/service mark Intellectual Property Code 1. Infringement a. Validity of mark b. Ownership of mark c. Use of mark/colorable imitation by alleged infringer results in likelihood of confusion 2. Unfair Competition a. Confusing similarity in general appearance of goods b. Intent to deceive the public and defraud competitor 3. False designation of origin or false description/representation

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