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TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST I.

Concept: These are crimes which involve deceit, misrepresentation, or falsity against the public at large. If the misrepresentation or deceit or falsity was purposely availed of against a particular person the same will constitute estafa. II. The crimes are grouped into three categories: A. Forgeries: these refer to deceits involving: 1. The seal of the government, the signature and stamp of the chief e ecutive !. Coins ". Treasury or ban# notes, obligations and securities of the government $. %ocuments &. 'ther Falsities: these are deceits pertaining to : (1). Authority, ran# or title (!) *ames (") +niforms and insignias and ($) False Testimonies C. Frauds or acts involving machinations in public biddings and (!) Combinations and ,onopolies in -estraint of Trade and Commerce A. FORGERIES I. Those involving the seal of the government, the signature, or stamp of the Chief . ecutive. A. The acts punished are: (1). The act of counterfeiting the seal of the government (!). Forging the signature of the Chief . ecutive or his stamp and ("). +sing the forged signature or counterfeit seal or stamp &. The act of forging the signature is ordinarily punished as falsification but it is set apart as a distinct crime with a much higher penalty (reclusions temporal) to emphasi/e its gravity C. The act of counterfeiting or forging the signature must be on what purports to be an official document purporting to have been signed by the Chief . ecutive in his official capacity, other wise the offense is ordinary falsification

%. . ample: (i). In what purports to be an appointment paper or grant of a pardon bearing the heading of the 'ffice of the 0resident (ii). Forging the signature in a private than#1 you1 letter is falsification .. In the crime of using, the user is a third person not the forger or counterfeiter II. Those involving coins: (a) Counterfeit2false or (ii) mutilated coins A. Counterfeit2false coins1 those not authori/ed by the Central ban# to be minted for circulation as legal tender. They include coins which have been demoneti/ed so as to prevent the accused from using his s#ill upon genuine coins 1. The acts punished a. The act of counterfeiting, minting or ma#ing b. The act of importing c. The act of uttering1 passing of as legal tender d. 0ossession with intent to utter. Thus possession of coins as a collection is not punished &. ,utilated Coins1 these are genuine coins or coins of legal tender whose intrinsic value has been diminished due to the diminution of their metallic contents. 1. The acts punished: a. The act of mutilating or any act upon the coin the purpose of which is to accumulate the metallic contents, such as by chipping off a portion, scraping its surface or boring a hole b. The act of selling, importing or uttering c. 0ossession with intent to utter C. -elated 3aws (1). 0res. %ecree *o. !$4: (0enali/ing the defacing, mutilation, burning or destruction of central ban# notes and coins) has modified Article 15$. (!) -.A. $!4: which punishes the act of amassing coins in e cess of 067.77 III. Forgeries committed upon Treasury or &an# *otes, 'bligations and 8ecurities A. This is related to &an#ing and Finance. The sub9ect matter are papers in the form of obligations and securities issued by the government as its own obligations which are also sued as legal tender &. *ot included are paper bills as the crime relative to them is :counterfeiting;

C. They do not include commercial chec#s %. The reason is to maintain the integrity of the currency and to ensure the credit and standing of the government .. . amples are: 1. &onds issued by the 3and &an# in connection with the 3and -eform 0rogram !. 0ostal ,oney 'rders ". Treasury <arrants $.Treasury Certificates 6. 8weepsta#e Tic#ets ( 3otto tic#ets=) F. The Acts punished are : 1.The act of forging or Forgery consisting of either: (a). giving to a treasury or ban#note or any document payable to bearer or to order, the appearance of a true and genuine document. 8uch as the act of manufacturing or producing fa#e treasury warrants (b). erasing, substituting, counterfeiting, or altering, by any means, the letters, figures, words or signs contained therein. *ote: (i).if the note does not resemble a true and genuine document in that it can not possibly fool any person the act is considered as frustrated forgery (ii). <here the accused encashed a treasury warrant by posing and signing as payee, the crime is falsification !. The act of importing or uttering ". The act of possession or use (a). 0ossession must be with intent to utter (b). 0ossessor must #now the notes are forged

I>. Forgeries +pon %ocuments A. The proper term is Falsification &. %ocument is : (1) any writing, whether paper based or in any solid surface, which is complete, creating rights or e tinguishing obligations, or defining the relations between persons. . amples: deeds and contracts, receipts, promissory notes, chec#s (!) a writing used as evidence of the facts contained in the document such as death2birth certificates? clearances, medical records, 1rays? driver@s license C. Aeneral Classification: (In falsification, it is essential to specify the document falsified) 1. Falsification of 3egislative %ocument punished under Art. 1471 bills, resolutions, ordinances whether approved or pending approval, by any legislative body a). the act of falsification is limited to alterations of a genuine legislative document b). if by any other means, such as simulating a legislative document, the offense is ordinary falsification. !. Falsification of a *on13egislative %ocument a). %ocument proper under Article 141 and 14! b). <ireless, Telegram, cablegram, telephone ,essages under Article 14" c). Certificates under Article 14$ %. Binds of %ocuments 0roper 1. 0ublic %ocuments: they consists of the following a). Those which embody the official acts of a public officer such as %ecisions2-esolutions? Administrative 'rders? ,arriage Contract? 'aths of 'ffice b). Those issued by a public officer or in which he participates, virtute officii ( by virtue of his office) such as clearances? certificates of appearance, designation of personnel? receipts. These are the so called :'fficial %ocuments;. Thus all official documents are public documents but not all public documents are official documents c). Those ac#nowledged before a *otary 0ublic such as deeds and conveyances d). 0rivate documents :

(i). which already formed part of the public records ( Public by Incorporation) such as private deeds submitted to the office of the -egister of %eeds? ac#nowledgment letter sent to the 3ocal CCivil -egistrar? 0rotest letters to the Assessor@s 'ffice? libelous letters offered as e hibits in a trial? letters formally see#ing opinions (ii). those which are intended to form part of the public record ( Public by Intention) 0er ,onteverde vs. 00 ( Aug. 1!, !777) involving falsification of sales invoices reDuired by the &I-, it was held: : : If the document is intended by law to be part of the public or official record, the preparation of which being in accordance with rules and regulations issued by the government, the falsification of that document, although it was a private document at the time of the falsification ton, is regarded as falsification of public or official documents; . amples: Falsification of Civil 8ervice or &ar . am &oo#lets? Application letters and personal data sheets sent to personnel officers. Euery: <hat about attendance sheets during seminars or conferences= *ote: In case of falsification of Travel %ocuments ( >isa, 0assport, and any document submitted in connection therewith) the law applicable is -.A. F!"G or the 0hilippine 0assport Act. !.Commercial %ocuments: (a). those used by merchants or business people to promote trade or credit transactions or commercial dealings and (b) those defined and regulated by the Code of Commerce or other commercial laws.. . amples: commercial chec#s? sales receipts and invoices? trust receipts? deposit and withdrawal slips and ban# passboo#s? tic#ets issued to passengers? enrollment forms? grades. ". 0rivate %ocuments: any other document, deed or instruments e ecuted by private persons without the intervention of a notary public or of other persons legally authori/ed, by which some disposition or agreement is proved, evidenced or set forth. . amples: unnotari/ed deeds, letters, private receipts, class cards, timre records in private employment. >ouchers of business people are private, not commercial, documents ( &atulanon vs. 00, 67! 8C-A "6) .. Importance of distinguishing Falsification of 0ublic from Falsification of 0rivate %ocuments

1. As to penalty: a higher penalty is imposed for falsification of public documents !. As to modes of commission: there are F ways of falsifying a public documents as against 4 as to private documents ". As to comple ing with .stafa: .stafa cannot be comple ed with Falsification of 0rivate document. The reason is because both have a common element which is damage a). The crime is falsification if the deception cannot be committed without falsification, i.e. the falsification is committed as a means to commit estafa. b). It is estafa if the estafa can be committed without the necessity of falsifying a document $. As to reDuirement of damage: In falsification of a private document the act of falsification must be coupled with either (a) actual damage even if there was no intent to cause damage or (b) an intent to cause damage even if no actual damage resulted. In falsification of public document, the gravamen of the offense is the perversion of truth? the loss of faith and confidence by the public in the document even if there is no actual damage t the public F. 0rinciples Involving Falsification: 1. The Falsification maybe comple ed with the crimes of .stafa ( save private documents) malversation or theft !. ,aybe committed intentionally or through negligence a). . amples through negligence: (i) The -egister of %eeds who issued a duplicate title without noting on its bac# a notice of the encumbrances (ii) A Cler# who issues a certified true copy of a birth certificate but inadvertently copied the wrong entries (iii) a person who signs a chec# to accommodate a payee without verifying the payee@s identification b). Thus the accused who is charged with intentional falsification may be convicted for falsification thru negligence without amending the Information because the former includes the latter ( see 00 vs +y $46 8C-A !$F) ". As to the liability of Heads of 'ffices as final approving authority if it turns out the document to which they affi ed their signatures contains falsities: a). The Arias 0rinciple ( Arias vs. 8andiganbayan, 1F7 8C-A "16) as reiterated in ,agsuce vs. 8andiganbayan ( Ian. ", 1GG6) holds: : All heads of offices have a right to rely to a reasonable

e tent on their subordinate and on the good faith of those who prepared the documents, and are not liable for the falsification; b). . ceptions: (i). <here there is a clear evidence of conspiracy with the authors (ii) if through their negligence, they brought about the commission of the crime. Thus in 00. vs. -odis the Head of 'ffice was held liable where the document signed by him contained anomalies which were glaring in the document $. The following are accepted as defenses a). Aood faith and lac# of intent to pervert the truth. As in the case of a co1employee who signed for another in the payroll because the latter was sic# b). Alterations which are in the nature of corrections such as changing the civil status from single to married in a Community Ta Certificate d). Alterations which do not affect the integrity or veracity of the document. . ample: The Certification by the treasurer that he paid the salary on Iuly 17 when in truth it was on Iuly 1! e) ,inor inaccuracies as in a deed of sale which declared the consideration was paid in cash when it was paid in two installments 6. 0resumption of Authorship of the Falsification: In the absence of satisfactory e planation, one found in possession of and who used a forged document is the forger of said document. If a person had in his possession a falsified document and he made sue of it, ta#ing advantage of it and profiting thereby, the clear presumption is that he is the material author of the falsification. ( *ierva vs. 00. 67" 8C-A 11$). 5. There is a ruling that generally, falsification of public2commercial documents have no attempted or frustrated stages unless the falsification is so imperfect that it may be considered as frustrated. (0ersonal 'pinion: the crime should be consumated since what was frustrated was not the act but the purpose of the offender) 4. There are as many falsifications as there are documents falsified? or as there are separate acts of falsification committed by one person within the same period of time a). The falsification of several signatures in one payroll is only one falsification b). 8everal chec#s falsified at the same time gives rise to several separate crimes

F. Falsification is not a continuing crime >. 0roof of Falsification. A. An allegation of forgery and a perfunctory comparison of the signature2handwritings by themselves cannot support a claim of forgery, as forgery cannot be presumed and must be proved by clear, positive and convincing evidence and the burden of proof lies on the party alleging forgery. &. Criteria to determine forgery or falsification: per 3adignon vs. CA ( "G7 0hil. 1151 as reiterated in -ivera vs. Turiano ( ,arch 4, !774) The process of identification must include not only the material differences between or among the signatures2handwritings but a showing of the following: (i) the determination of the e tent, #ind and significance of the resemblance and variation ( of the handwriting or signature) (ii) that the variation is due to the operation of a different personality and not merely an e pected and inevitable variation found in the genuine writing of the same writer (iii) that the resemblance is a result more or less of a s#illful imitation and not merely a habitual and characteristic resemblance which normally appears in genuine handwriting ART. 171. Falsification b !"blic offic#$% #&!lo ##% o$ nota$ o$ #ccl#siastic &inist#$ I. Coverage: this article provides: (1) the penalty of falsification if committed by a public officer or employee or a notary or an ecclesiastical minister. The penalty is higher than if committed by a private person. The document may be any document. (!) And the eight acts of falsification. A. The public officer must ta#e advantage of his official position or that there was abuse of office. &y this is meant that his functions include participating in the preparation, recording, #eeping, publishing or sending out to the public of the falsified document otherwise he will be punished as a private person. As for instance: secretaries, the Cler# of Court? the record officers? those who issue receipts or licenses? the -egister of %eeds? 3ocal Civil -egistrar. &. As for an ecclesiastic, the document he falsified must affect the civil status of a person, else he will be considered as a private person. The usual document involved is a marriage contract

II. The acts of falsification: A. &y counterfeiting, imitating any handwriting, signature or rubric. To counterfeit a handwriting or signature is to create one that is so similar to the genuine as to ma#e it difficult to distinguish and thus easily fool the public. This act includes creating or simulating a fictitious handwriting or signature &. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate 1). There is no need to imitate the signature or handwriting !). This includes simulating a public document li#e a <arrant of Arrest as having been issued by a 9udge ") . amples: impersonating a person in a document? voting in place of a registered voter, posing as payee if a negotiable instrument in order to encash the same C. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them proceeding when they did not in fact so participate. 1). This is twisting the statements or putting words into the mouth of another !). 8ubstituting a forged will where the accused is now named as an heir in lieu of the original where he was not so named "). <here the accused was instructed to prepare a 8pecial 0ower of Attorney over a parcel of land, with himself as the agent but he instead prepared a deed of sale with himself as the vendee %. ,a#ing untruthful statements in a narration of facts 1). This reDuire that (i) the accused #nows that what he imputes is false (ii) the falsity involves a material fact (iii) there is a legal obligation for him to disclose the truth and (iv) such untruthful statements are not contained in an affidavit or a statement reDuired by law to be sworn to. !). by legal obligation is meant that the law reDuires a full disclosure of facts such as in a public official@s 8tatements of Assets and 3iabilities? the 0ersonal %ata 8heet submitted to the *&I? the contents of an Application for ,arriage? the Community Ta Certificate "). *arration of facts means an assertion of a fact and does not include statements of opinion or conclusions of law. Thus when the accused placed himself as :eligible; in his statement of candidacy when in truth he is disDualified, this is not a narration of fact but a conclusion of law. 8imilarly, the accused as claimant to a land stated in his application that he entitled to the ownership when under the law he is disDualified, is not liable $). There is no falsification if there is some colorable truth in the statement of facts by the accused

6). False statements in an application form of the Civil 8ervice, which was under oath, for police e amination is per9ury not falsification 5). &ut when a third person, not the Affiant, alters a prepared Affidavit, the crime committed by him is falsification under mode number 5 .. Altering true dates. This reDuires that the date must be material as in the date of birth or marriage? date of arrest? date when a search warrant was issued? date of ta#ing the oath of office F. ,a#ing alterations or intercalations in a genuine document which changes its meaning. The change must affect the integrity of the document. It must ma#e the document spea# something false so that alterations to ma#e it spea# the truth cannot be falsification. 1. Changing the grades in one@s Transcript of -ecords !. Changing one@s time of arrival in the %T". Changing the stated consideration a deed of sale $. %eleting a condition in a contract of lease A. Issuing in an authenticated form a document purporting to be an original when no such original e ist, or including in such copy a statement contrary to, or different from, that of the genuine original. 1. This can only be committed by the 'fficial Custodian of documents !. . ample: Issuing a Certified True Copy of a birth certificate of a person when no such certificate e ists or ". Issuing a true copy of a title and indicating therein the land is mortgaged when no such encumbrance e ist on the original on file with the office H. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official boo# 1. . ample: Inserting a &irth Certificate in the recorded of the Civil -egistrar to ma#e it appear the birth was recorded

ART. 17'. Falsification b a !$i(at# in)i(i)"al an) Us# of falsifi#) )oc"&#nts

I. 0unishes these acts: (1) If the falsification is by a private person and the document falsified is a public or commercial document (!) Falsification by any person of a private document and (") Introducing in any 9udicial proceeding a falsified document or ($) +sing a falsified document in any transaction II. There are only seven acts of falsification of a private person. In the falsification of a private document the damage includes damage to honor. III. In introducing a falsified document in a 9udicial proceeding, damage is not reDuired. . ample: The act of the defendant in introducing a falsified receipt to show that the debt was paid. I>. In the crime use of a falsified document, the user is not the falsifier but a third person, who must #now the falsity of the document. ART. 17*. Falsification of +i$#l#ss% cabl#% t#l#,$a& an) t#l#!-on# &#ssa,#s J. Acts punished: (1) The act of falsifying said messages (!) +ttering of said falsified messages and (") +sing such falsified damages with intent to cause damage or to the damage of third persons II. The acts of falsifying and uttering: 1). The offender must be officers or employees of the government or of a private entity engaged in the business of sending or receiving such messages !) . amples: ma#ing up a false :brea#1up; telegram or decreasing the number of the words in a message even if the contents are not changed III. The crime of using may be committed by any person C$i&#s Aff#ctin, M#)ical C#$tificat#% C#$tificat#s of M#$it an) t-# Li.# A. Acts punished: 1. Issuing a false medical certificate by a physician or surgeon a). The contents are not true in that the person was never e amined? or that he actually had no illness? or that the illness is not as serious as stated in the certificate? or that the period of confinement or rest is not as stated therein.

!. Issuing a false certificate of merit or service, good conduct or similar circumstances by a public officer a). as in the case of a barangay captain who issues a Certificate of Aood ,oral Character to a bully , or a head of office who issues a Certificate of . emplary Conduct to an employee with several disciplinary penalties "). The act of falsifying by a private person of medical certificate or certificate of merit a). The name of the crime is Falsification of a ,edical Certificate or Certificate of ,erit to distinguish it from ordinary falsification b). . ample: the patient who altered the period of days of confinement $. The act of #nowingly using said false certificates A$t. 17/. Man"fact"$in, an) Poss#ssion of inst$"&#nts o$ i&!l#&#nts fo$ falsification Acts punished: 1. ,a#ing any instrument or implements intended to be used in the crime of counterfeiting or falsification. a). . amples: false seals, false branding instruments b). The tools need not be a complete set !. Introducing into the 0hilippines of said instruments or implements ". 0ossession of said implements with animus utendi or intent to use

OT0ER FALSITIES *ote: the sub9ect of these falsities are not papers, instruments or documents but : (1) official authority or functions? (!) ran#, title, names, (") uniforms and insignias and ($) testimonies under oath. These are also capable of being falsified or sub9ected to acts of deception A$t. 177. Us"$!ation of A"t-o$it o$ official f"nctions

A. +surpation of Authority1 the crime committed by a person who #nowingly and falsely represents himself to be an officer agent, representative or any department or agency of the 0hilippine government or foreign country. : 1. The representation must be active, i.e by words or acts and the accused need not actually perform any function pertaining to the office misrepresented. <hat is punished is the act of false misrepresentation. He who does not ob9ect when introduced as a ran#ing official is not guilty of usurpation. !. This is different from the crime of +surpation of 0owers under articles !"G to !$1 which deals with interference in the functions of one department by another department ". This includes any government owned or controlled corporations $. . ample: a private person greets tourists, gives them the #ey to the city, welcomes them, by declaring that he is the city mayor &. +surpation of Functions1 the crime committed by any person who actually performs an act pertaining to a public official of the government or any agency thereof accompanied by a pretense that he is such public official. 1. There must be a pretense or falsie assertion of being a public official. In the absence thereof, there is no usurpation of functions. a) Thus one who enters a public school ands starts teaching pupils, without claiming to be a teacher, is not liable. 8ame with one who as#s Duestions on witnesses about a crime without asserting he is a police investigator. 'r one who directs traffic might be performing a civic action. b) 'ne who introduces himself to be an *&I agent and begins interrogating witnesses is liable. As with one who claims to be a &I- agent and begins going over the boo#s of a businessman, or one who claims to be with the %epartment of 3abor and starts inDuiries as to the employment status of employees. c) There is such a crime as 8eduction through +surpation of 'fficial Functions.

!. The offender may himself be a public official who assumes a position without color of law. As in the case of a number one councilor who too# over the position of the mayor who was on leave despite opinions that it be the vice mayor who must be the acting mayor. ". However, if the authority or function usurped pertains to a diplomatic, consular or other accredited officers of a foreign government, the offender is also liable under -.A. 46.

A$t. 171. Usin, Fictitio"s Na&# an) conc#alin, t$"# na&#. A. +sing Fictitious *ame is the act of publicly using a name other than one@s registered or baptismal name for the purpose of either to: (1) conceal a crime (!) evade 9udgment or (") cause damage to public interest 1. A fictitious name is any name which a person publicly applies to himself without authority of law. !. The purpose is material even if it is simply to cause confusion among the public ". If the purpose is to cause damage to a private person@s interest, the crime may constitute estafa $. If the purpose is to obstruct 9ustice the offense is punished under 0.%. 1F!G 6. The use of Aliases is punished under C.A. 1$! &. Concealing True *ame and other 0ersonal Circumstances1 the purpose is to conceal one@s identity. 8uch as in order to avoid giving support or to avoid debtors . C. <hen may a person use a name other than his registered or baptismal name= 1. <hen allowed by the court in a petition for a change of name !. <hen used in the field of entertainment, literature or sports a). 0en names of authors such as ,ar# Twain, 8a#i b). *ames in the entertainment industry: (i). *icholas Cage KKKKKKKK..*icholas Coppola (ii). Tom Cruise.KKKKKKKKK. Tomas ,apother I> (iii). Iohn %enverKKKK Henry Iohn %eutschendorf Ir. (iii). &ob %ylan KKKKKKKKK..-obert Limmerman (iv). .nyaKKKKKKKKKKKK.ithne *i &hraonian (v). .minemKKKKKKKKKK.K.. ,arshall ,athers (vi). <hoopie AoldbergKKKKKKKK. Caryn Iohnson (vii). .lton IohnKKKKKKKKKKKK.-eginald <hite (viii). Ioseph .stradaKKKKKKK.. KK.Ioseph .9ercito (i ). F0IKKKKKKKKKKKKKKK...-onald 0oe c). 8port@s ,onic#ers such as :Flash;: 8peedy;; &ata;, :8ugar; ". <hen allowed by law such as when a woman marries or when a person is legally adopted $. +nder the <itness 0rotection 0rogram in order to protect the identity and safety of the witness

A$t. 172. Ill#,al "s# of Unifo$& o$ Insi,nia I. The act punished is the public and improper use of any insignia, uniform or dress pertaining to an office not held by the accused or to a class of persons of which he is not a member. A. . amples: unlawful use of ecclesiastical habit of a religious order? school uniforms? uniform of the boy@s scout? the regalia of the Bnights of Columbus II. If the uniform, insignia, badge, emblem or ran#, medal, patch or identification card pertains to members of the military what applies is -.A. $G". If it pertains to the uniform, regalia or decoration of a foreign state, it is punished under -.A. 46. III. The use must be malicious i.e. to give the impression that the accused is a member of the office or class and thereby en9oy the prestige and honor of that office or class.

A$t. 113. P#$4"$ $#5"i$#s &alic# an) cannot b# +illf"l +-#$# t-# oat- is acco$)in, to b#li#f o$ con(iction as to its t$"t- 6 7illan"#(a (s. S#c$#ta$ of 8"stic# 92/ SCRA 97/: FRAU;S A$t. 11/. MAC0INATIONS IN PUBLIC AUCTIONS A. Concept: The crime committed by any person who intends to cause the reduction of the price of a thing auctioned and shall either (1) solicit any gift or a promise as a consideration for refraining from ta#ing part in any public auction, and (1) attempt to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice. &. <hen a thing is sold it is either through a direct sale to a particular individual or through public bidding. 0ublic bidding is preferred in order to obtain the best and most advantageous price. This is especially true with respect to 9udgment debtors in case of 9udgment sales. The best and highest price is achieved by leaving it to any interested buyer to offer a better price over those offered by others. Any a scheme so that the article will be sold at a low price, is called machination. C. In the second mode, the threat, coercion or force, is absorbed but the bribery is a separate offense. %. . amples:

1. M #nows N is interested to buy a piano worth 0!67,777.77 being sold at an auction. M approaches N and says he can bid as high as 0!67,777.7 but will not bid if N 9ust give him 0!6,777.77 so that N has no competitor. !. N wants to buy the piano and #nows that M is ready to bid against him. He tells M not to bid and accept 0!6,777.77 instead. ART. 11<. MONOPOLIES AN; COMBINATIONS IN RESTRAINT OF TRA;E A. Introduction: 1.In an open mar#et economy, the price of goods is supposed to be determined by the relationship of supply and demand. Hence, any act, scheme or strategy, by which the price of goods and commodities are intentionally affected, are punished. This includes practices such as such as resorting to artificial shortage or hoarding of goods, spreading false rumors. 3i#ewise there should be free competition in the mar#et. The law thus punishes any scheme of a person or persons to monopoli/e goods and commodities, including all acts to #ill competitors, such as under pricing of goods. &. However, Article 1F5 is ineffective in the face of conglomerates, mergers and combinations of big companies? and the diversification of the products of big companies? mass production of goods by companies so that they can afford to sell at prices lower that those offered by retailers. F$a")s in Co&&#$c# an) In)"st$ A. Crimes involving ,etal 0roducts: Articles made of precious metals such as gold, silver, are supposed to bear mar#s, brands or stamps, which must indicate the actual finesse or Duality of said metal products i.e carat, so as not to deceive the public. Hence Article 1F4 punishes the act of importing, selling or disposing off these articles #nowing that their actual finesse is not indicated in their brand, mar# or stamps. &. As to deceptions involving trademar#s, trade names and service mar#s, the acts punished relative thereto, such as: Infringement, +nfair competition, Fraudulent -egistration, False %esignation of 'rigin? are punished by the Intellectual 0roperty Code.

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