Title IV - Crimes Against Public Interest (Criminal Law Review Report)

TITLE FOUR:
CRIMES AGAINST PUBLIC INTEREST

PTITLE FOUR
CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE
FORGERIES
Crimes Against Public Interest are those which involve deceit, (Art. 161-174)
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 The following are the crimes under forgeries, to wit:
constitute estafa.1 The Revised Penal Code tackles these crimes in Book Two, Title
Four from articles 161- 189. 1. Forging the seal of the Government, signature or stamp of the Chief
Executive. (Art. 161)
The crimes are grouped into three categories: 2. Counterfeiting coins (Art. 163)
3. Mutilation of coins (Art. 163)
a. Forgeries: these refer to deceits involving: 4. Forging treasury or bank notes or other documents payable to bearer.
1. The seal of the government, the signature and stamp of the (Art. 166)
chief executive; 5. Counterfeiting instruments not payable to bearer. (art. 167)
2. Coins; 6. Falsification of legislative documents. (Art. 170)
3. Treasury or bank notes, obligations and securities of the 7. Falsification by public officer, employee or notary or ecclesiastical
government; minister. (Art. 171)
4. Documents 8. Falsification by private individuals. (Art. 172)
9. Falsification of wireless, cable, telegraph and telephone messages. (Art.
b. Other Falsities: these are deceits pertaining to: 173)
1. Authority, rank or title; 10. Falsification of medical certificates, certificates of merit or service. (Art.
2. Names; 174)
3. Uniforms and insignias; and
4. False testimonies Section One. Forging the seal of the Government of the Philippine Islands,
the signature stamp of the Chief Executive.
c. Frauds or acts involving machinations in public biddings and
Combinations and Monopolies in Restraint of Trade and Commerce. Art. 161. Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief
Executive. The penalty of reclusion temporal shall be imposed upon
any person who shall forge the Great Seal of the Government of the
Philippine Islands or the signature or stamp of the Chief Executive.
1
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4TH Year S.Y. 2017-2018 ALMADEN; AMBOLARIO; DE OO;MOLINA; ENDICO-PAGAS
TITLE FOUR:
Acts punished: 1. That the Great Seal of the Republic was counterfeited or the signature or
stamp of the Chief Executive was forged by another person.
1. Forging the Great Seal of the Government of the Philippines. 2. That the offender knew of the counterfeiting or forgery.
2. Forging the signature of the President. 3. That he used the counterfeit seal or forged signature or stamp.
3. Forging the stamp of the President.
The offender under this article should not be the forger.
Custody and use of the Great Seal
The offender should not be the one who forged the great seal or signature
The Great Seal shall be and remain in the custody of the President of the of the Chief Executive. Otherwise, he will be penalized under Art. 161.
Philippines, and shall be affixed to or placed upon all commissions signed by
The act is that of an accessory but the penalty is only one degree lower.
him, and upon such other official documents and papers of the Republic of
the Philippines as may by law be provided, or as may be required by custom Section Two Counterfeiting coins
and usage in the discretion of the President of the Philippines. What are the crimes under counterfeiting coins?
The offense is not falsification of public document They are:

1. Making and importing and uttering false coins (Arty. 163);
When the signature of the President is forged, the name of the crime is
forging the signature of the Chief Executive under this Article. 2. Mutilation of coins importation and utterance of mutilated coins (Art.
164); and
The signature of the President must be formed 3. Selling of false or mutilated coin, without connivance. (Art. 165)
Art. 163. Making and importing and uttering false coins. Any person
The act punishable, among others, is counterfeiting or making an imitation
who makes, imports, or utters, false coins, in connivance with
of the signature of the Chief Executive on what is made to appear as an
counterfeiters, or importers, shall suffer:
official document of the Republic of the Philippines.
1. Prision mayor in its minimum and medium periods and a fine not to
Art. 162. Using forged signature or counterfeit seal or stamp. The exceed P10,000 pesos, if the counterfeited coin be silver coin of the
penalty of prision mayor shall be imposed upon any person who shall
Philippines or coin of the Central Bank of the Philippines of ten
knowingly make use of the counterfeit seal or forged signature or centavo denomination or above.
stamp mentioned in the preceding article.
2. Prision correccional in its minimum and medium periods and a fine
Elements: of not to exceed P2,000 pesos, if the counterfeited coins be any of the
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minor coinage of the Philippines or of the Central Bank of the A coin is false or counterfeited, if it is forged or if it is not authorized by the
Philippines below ten-centavo denomination. Government as legal tender, regardless of its intrinsic value.
3. Prision correccional in its minimum period and a fine not to exceed Counterfeiting the imitation of a legal or genuine coin. It may contain more silver
P1,000 pesos, if the counterfeited coin be currency of a foreign than the ordinary coin.
country. (As amended by R.A. No. 4202, approved June 19, 1965). There is counterfeiting when a spurious coin is made. There must be an
imitation of the peculiar design of a genuine coin. (US vs. Basco)
Art 163 as amended by RA 10951, provides: Import to import fake coins means to bring them into port. The importation is
complete before entry at the Customs House. (US vs. Lyman)
Art. 163 as amended by RA 10951: Utter to utter is to pass counterfeited coins. It includes their delivery or the act of
Art. 163. Making and importing and uttering false coins. Any person giving them away. A counterfeited coin is uttered when it is paid, when the offender
who makes, imports, or utters, false coins, in connivance with is caught counting the counterfeited coins preparatory to the acts of delivering
counterfeiters, or importers, shall suffer: them, even though the utterer may not obtain the gain he intended.
Kinds of coins the counterfeiting of which is punished:
1. Prision correccional in its minimum and medium periods and a fine a. Silver coin of the Philippines or coin of the Central Bank of the Philippines.
not to exceed Four hundred thousand (P400,000) pesos, if the
counterfeited coins be any of the coinage of the Philippines. b. Coin of the minor coinage of the Philippines or of the Central Bank of the
Philippines.
2. Prision correccional in its minimum period and a fine not to exceed c. Coin of the currency of a foreign country.
Two hundred thousand (P200,000) pesos, if the counterfeited coin be
currency of a foreign country. Minor coins of the Philippines coins below ten-centavo denomination.
Former coins withdrawn from circulation may be counterfeited under Art. 163.
The reason for punishing the fabrication of a coin withdrawn from
Elements: circulation is not alone the harm that may be caused to the public in case it
1. That there be false or counterfeited coins. goes into circulation again, but the possibility that the counterfeiter may
later apply his trade to the making of coins in actual circulation. (P. vs. Kong
2. That the offender either made, imported or uttered such coins. Leon)
3. That in case of uttering such false or counterfeited coins, he connived with Art. 163 of the RPC penalizes the making, importing and uttering of false
the counterfeiters or importers. coins whether of the US, of the Philippines or of a foreign country, because
Coin is a piece of metal stamped with certain marks and made current at a certain it is intended to protect not only the coins legally minted in said countries,
value. but also the public in general. The legislator has taken into consideration the
When is a coin false or counterfeited? bad effect of the crime of counterfeiting of coins, its importing and uttering.
(P. vs. Ching Ting)
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Under par. 3, the word currency is not correct, because the Spanish text utters said mutilated coin receives its legal value, much more than its
uses the word moneda which embraces not only those that are legally intrinsic value. (P. vs. Tin Ching Ting)
tender, but also those out of circulation.
The coin must be of legal tender in mutilation
Art. 164. Mutilation of coins; Importation and utterance of It is indispensable that the mutilated coin be of legal tender.
mutilated coins. The penalty of prision correccional in its
Coins of foreign country not included.
minimum period and a fine not to exceed P2,000 pesos shall be
The coin mutilated must be genuine and has not been withdrawn from
imposed upon any person who shall mutilate coins of the legal
circulation. The coin must be of the legal currency or current coins of the
currency of the United States or of the Philippine Islands or import
Philippines.
or utter mutilated current coins, or in connivance with mutilators or
importers.
Art. 165. Selling of false or mutilated coin, without connivance.
The person who knowingly, although without the connivance
Art 164 as amended by RA 10951
mentioned in the preceding articles, shall possess false or
mutilated coin with intent to utter the same, or shall actually
Art 164. Mutilation of coins Importation and utterance of mutilated coins.- The
utter such coin, shall suffer a penalty lower by one degree than
penalty of prision correccional in its minimum period and a fine not to exceed Four
that prescribed in said articles.
Hundred thousand (P400,000) pesos shall be imposed upon any person who shall
mutilate couns of the legal currency of the Philippines or import or utter mutilated
current coins, or in connivance with mutilators or importers.
Acts punished under Art. 165:
Acts punished under Art. 164: They are:
They are:
1. Possession of coin, counterfeited or mutilated by another person, with
1. Mutilating coins of the legal currency, with the further requirement that
intent to utter the same, knowing that it is false or mutilated.
there be intent to damage or to defraud another.
Elements:
2. Importing or uttering such mutilated coins, with the further requirement
that there must be connivance with the mutilator or importer in case of a. Possession,
uttering. b. With intent to utter, and
Mutilation means to take off part of the metal either by filing it or substituting it c. Knowledge.
for another metal of inferior quality.
To diminish by ingenuous means the metal in the coin. One who mutilates a
coin does not do so for the sake of mutilating, but to take advantage of the 2. Actually uttering such false or mutilated coin, knowing the same to be false
metal abstracted; Hence, the coin diminishes in intrinsic value. One who or mutilated.
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Elements: Section Three. Forging treasury or bank notes, obligations and securities;
a. Actually uttering, and importing and uttering false or forged notes, obligations and securities.
b. Knowledge. Art. 166. Forging treasury or bank notes or other documents payable
to bearer; importing, and uttering such false or forged notes and
Possession of or uttering false coin does not require that the counterfeited coin is documents. The forging or falsification of treasury or bank notes or
legal tender. certificates or other obligations and securities payable to bearer and
the importation and uttering in connivance with forgers or importers
Art. 165 does not require that the coin be of legal tender, but if the coin of such false or forged obligations or notes, shall be punished as
being uttered or possessed with intent to utter is a mutilated coin, it must follows:
be legal tender coin, because of Art. 164 to which Art. 165 is related. 1. By reclusion temporal in its minimum period and a fine not to
exceed P10,000 pesos, if the document which has been falsified,
Constructive possession included. counterfeited, or altered, is an obligation or security (of the United
States or) of the Philippines Islands.
The possession prohibited in Art. 165 of the RPC is possession in general,
The words "obligation or security of the United States or of the
that is, not only actual, physical possession, but also constructive possession
Philippine Islands" shall be held to mean all bonds, certificates of
or the subjection of the thing to ones control. (in pari materia of the same
indebtedness, national bank notes, coupons, United States or
subject), otherwise offenders could easily evade the law by the mere
Philippine Islands notes, treasury notes, fractional notes, certificates of
expedient of placing other persons in actual, physical possession of the thing
deposit, bills, checks, or drafts for money, drawn by or upon authorized
although retaining constructive possession or actual control thereof. (P. vs.
officers of the United States or of the Philippine Islands, and other
Andrada)
representatives of value, of whatever denomination, which have been
or may be issued under any Act of the Congress of the United States or
Possession of counterfeiter or importer not punished as separate offense.
of the Philippine Legislature.
If the false or mutilated coins are found in the possession of the 2. By prision mayor in its maximum period and a fine not to exceed
counterfeiters, or mutilators, or importers, such possession does not P5,000 pesos, if the falsified or altered document is a circulating note
constitute a separate offense, but is identified with the counterfeiting or issued by any banking association duly authorized by law to issue the
mutilation or importation. same.
The offense punished under this article is the mere holding of the false or 3. By prision mayor in its medium period and a fine not to exceed
mutilated coin with intent to utter. P5,000 pesos, if the falsified or counterfeited document was issued by
a foreign government.
The accused must have knowledge of the fact that the coin is false.
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4. By prision mayor in its minimum period and a fine not to exceed 4. By prision mayor in its minimum period and a fine not to
P2,000 pesos, when the forged or altered document is a circulating exceed Four hundred thousand pesos (P400,000), when the
note or bill issued by a foreign bank duly authorized therefor. forged or altered document is a circulating note or bill issued
by a foreign bank duly authorized therefor.
Punishable Acts: (FIU)
Art 166 as amended by RA 10951, provides:
1. Forging or falsification of treasury or bank notes or other documents
payable to bearer;
Art. 166. Forging treasury or bank notes or other documents payable 2. Importation of the same; and
to bearer; Importing, and uttering such false or forged notes and 3. Uttering the same in connivance with the forgers or importers.
documents.- The forging or falsification of treasury or bank notes or ------------------------------------------------------------------------------------------------------
certificates or other obligations and securities payable to bearer and
the importation and uttering in connivance with forgers or importers 1. Forging or falsification of treasury or bank notes or other documents
of such false or forged obligations or notes, shall be punished as payable to bearer.
follows: Q: How are forging and falsification committed?
Forging
1. By reclusion temporal in its minimum period and a fine not to It is committed by giving to a treasury or bank note or any instrument payable to
exceed Two million pesos (P2,000,000), if the document which bearer or to order the appearance of a true and genuine document.
has been falsified, counterfeited, or altered is an obligation or Falsification
security of the Philippines. It is committed by erasing, substituting, counterfeiting, or altering by any means, the
The words obligation or security of the Philippines shall figures, letters, words, or signs contained therein.
mean all bonds, certificates of indebtedness, national bank notes,
coupons, Philippine notes, treasury notes, fractional notes, certificates 2. Importation of the same.
of deposits, bills, checks, or drafts for money, drawn by or upon Importation
authorized officers of the Philippines, and other representatives of It means to bring them into the Philippines, which presupposes that the obligations
value, of whatever denomination, which have been or may be issued or notes are forged or falsified in a foreign country.
under any act of Congress.
3. Uttering the same in connivance with the forgers or importers.
2. By prision mayor in its maximum period and a fine not to Uttering
exceed One million pesos (P1,000,00), if the falsified or altered It means offering obligations or notes knowing them to be false or forged, whether
document is a circulating note issued by any banking such offer is accepted or not, with a representation, by words or actions, that they
association duly authorized by law to issue the same. are genuine and with an intent to defraud.
3. By prision mayor in its medium period and a fine not to exceed
One million pesos (P1,000,000), if the falsified or counterfeited Q: What may be forged or falsified under Art. 166
document was issued by a foreign government. A:
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1. Treasury or bank notes; d. Circulating note or bill issued by a foreign bank duly authorized to issue the
2. Certificates; and same
3. Other obligations and securities, payable to bearer. Prision mayor (minimum period) and a fine not to exceed P2,000 pesos
Note: The Code punishes forging or falsification of bank notes and of documents of Art. 167. Counterfeiting, importing and uttering instruments not
credit payable to bearer and issued by the State more severely than it does the payable to bearer.
counterfeiting of coins because the first tends to bring such documents into Any person who shall forge, import, or utter, in connivance with the
discredit and the offense produces a lack of confidence on the part of the holders of forgers or importers, any instrument payable to order or other
the said documents to the prejudice of the interests of society and the State. document of credit not payable to bearer, shall suffer the penalties of
Moreover, it is easier to forge or falsify such certificates, notes and documents of prision correccional in its medium and maximum periods and a fine
credit than to make counterfeit coins, and the profit which is derived therefrom by not exceeding P6,000 pesos.
the forger of such documents is greater and the incentive for the commission of
such a crime is more powerful. Art 167 as amended by RA 10951:
The falsification of Philippine National Bank (PNB) checks is not forgery under Art. Art. 167. Counterfeiting, importing, and uttering instruments not
166 of the RPC but falsification of commercial documents under Art. 172 in payable to bearer.- Any person who shall forge, import or utter, in
connection with Art. 171 of the Code. connivance with the forgers or importers, any instrument payable to
order or other document of credit not payable to bearer, shall suffer
Penalties the penalties of prision correccional in its medium and maximum
(Penalties depend on the kind of forged treasury or bank notes or other periods and a fine not exceeding One million two hunded (P1,
documents) 200,000) pesos.
There are four penalties prescribed in Art. 166, and those penalties are respectively
imposed if the document falsified, altered or counterfeited is any of the following: Elements: (PIC)
a. Obligation or security issued by the Government of the Philippines - 1. That there be an instrument Payable to order or other documents of credit
Reclusion temporal (minimum period) and a fine not to exceed P10,000 not payable to bearer.
pesos 2. That the offender either forged, Imported or uttered such instrument.
3. That in case of uttering, he Connived with the forger or importer.
b. Circulating note issued by any banking association duly authorized by law to
issue the same Reason for punishing forgery
Prision mayor (maximum period) and a fine not to exceed P5,000 pesos Forgery of currency is punished so as to maintain the integrity of the currency and
thus insure the credit standing of the government and prevent the imposition on
c. Document issued by a foreign government the public and the government of worthless notes or obligations.
Prision mayor (medium period) and a fine not to exceed P5,000 pesos
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Note: The utterer should not be the forger. If the utterer was the one who forged
the instrument payable to order, obviously connivance is not required, for he can be Penalty
held liable as a forger of the instrument. The penalty next lower in degree than that prescribed in preceding articles.
Penalty Art. 169. How forgery is committed. The forgery referred to in this
Prision correccional (medium and maximum) and a fine not exceeding P6,000 pesos section may be committed by any of the following means:
1. By giving to a treasury or bank note or any instrument payable to
Art. 168. Illegal possession and use of false treasury or bank notes and bearer or to order mentioned therein, the appearance of a true
other instruments of credit. Unless the act be one of those coming genuine document.
under the provisions of any of the preceding articles, any person who 2. By erasing, substituting, counterfeiting or altering by any means
shall knowingly use or have in his possession, with intent to use, any the figures, letters, words or signs contained therein.
of the false or falsified instruments referred to in this section, shall Ways of committing:
suffer the penalty next lower in degree than that prescribed in said 1. By giving to a treasury or bank note or any instrument, payable to bearer or
articles. to order the appearance of a true and genuine document; and
2. By erasing, substituting, counterfeiting or altering by any means the figures,
Elements: (TB-KUP) letters, words or signatures contained therein.
1. That the 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 Note:
not payable to bearer is forged or falsified by another; Forgery cannot be presumed. It must be proved by clear, positive and convincing
2. That the offender Knows that any of those instruments is forged or falsified; evidence and the burden of proof lies on the party alleging the forgery.
and
3. That he performs any of these acts: A forged signature is wholly inoperative.
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use any of the forged or falsified instruments. P.D. No. 247 penalizes defacement, mutilation, tearing, burning or destroying of
Central Bank notes and coins.
Note:
Possession of false treasury or bank notes alone is not a criminal offense. For it to Forgery includes falsification and counterfeiting.
constitute an offense under Art. 168 of the RPC, the possession must be with intent ------------------------------------------------------------------------------------------------------
to use said false treasury or bank note. REPUBLIC ACT NO. 9194
Anti-Money Laundering Act
The accused must have knowledge of the forged character of the note. Approved on September 29, 2001
A person in possession of falsified document and makes use of the same is Money Laundering
presumed to be the material author of the falsification.
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It is a crime whereby the proceeds of an unlawful activity as herein defined are 5. Any circumstances relating to the transaction which is observed to deviate
transacted, thereby making them appear to have originated from legitimate from the profile of the client and/or the clients past transactions with the
sources. covered institution;
6. The transactions are in a way related to an unlawful activity or offense
Persons Liable: under this Act that is about to be, is being or has been committed; or
1. Any person knowing that any monetary instrument or property represents, 7. Any transaction that is similar or analogous to any of the foregoing (Sec. 2).
involves, or relates to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or property; Unlawful activity
2. Any person knowing that any monetary instrument or property involves the
proceeds of any unlawful activity, performs or fails to perform any act as a It refers to any act or omission or series or combination thereof involving or having
result of which he facilitates the offense of money laundering referred to in direct relation to the following:
No. 1 above; 1. Kidnapping for ransom (RPC, Art. 267);
3. Any person knowing that any monetary instrument or property is required 2. Secs. 4-6, 8-10, 12-16 of R.A. No. 9165 (Comprehensive Dangerous Drugs Act
under this Act to be disclosed and filed with the Anti-Money Laundering of 2002);
Council (AMLC) fails to do so (Sec. 4). 3. Sec. 3, Pars. B, C, E, G, H, and I of R.A. No. 3019 (Anti-Graft and Corrupt
Practices Act);
Covered Transactions: 4. Plunder under R.A. No. 7080, as amended;
It is a transaction in cash or other equivalent monetary instrument involving a total 5. Robbery and extortion under Arts. 294, 295, 296, 299, 300, 301, and 302 of
amount in excess of Five Hundred thousand pesos (PhP 500,000.00) within one (1) the RPC;
banking day (Sec. 1). 6. Jueteng and Masiao punished as illegal gambling under P.D. No. 1602;
7. Piracy on the high seas under the RPC and P.D. No. 532;
Suspicious Transactions: 8. Qualified theft (RPC, Art. 310);
Transactions with covered institutions, regardless of the amount involved, where 9. Swindling (RPC, Art. 315);
any of the following circumstances exist: 10. Smuggling under R.A. No. 455 and1937;
1. There is no underlying legal or trade obligation, purpose or economic 11. Violations under R.A. No. 8792 (Electronic Commerce Act of 2000);
justification; 12. Hijacking and other violations under R.A. No. 6235; destructive arson and
2. The client is not properly identified; murder, under the RPC, including those perpetrated by terrorists against
3. The amount involved is not commensurate with the business or financial non-combatant persons and similar targets;
capacity of the client; 13. Fraudulent practices and other violations under R.A. No. 8799 (Securities
4. Taking into account all known circumstances, it may be perceived that the Regulation Code of 2000); and
clients transaction is structured in order to avoid being the subject of 14. Felonies or offenses of a similar nature that are punishable under the penal
reporting requirements under the Act; laws of other countries.
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Section Four. Falsification of legislative, public, commercial, and private Elements: (BAPA)
documents and wireless, telegraph and telephone message. 1. That there be a Bill, resolution or ordinance enacted or approved or
pending approval by either the House of the Legislature or any
Five Classes of Falsification provincial board or municipal council;
1. Falsification of legislative document (Art 170)
2. Falsification of document by public officer, employee or notary public (171) Note: The bill, resolution, or ordinance must be genuine.
3. Falsification of public or official or commercial document by a private
individual (Art 172 par 1) 2. That the offender Alters the same;
4. Falsification of private document by any person (Art 172 par 2)
5. Falsification of wireless, telegraph, and telephone message (Art 173) Note: Offender may be a private individual or a public officer.
Forgery and falsification; distinguished 3. That he has no Proper authority therefor; and
4. That the Alteration has changed the meaning of the document.
Forgery Falsification Note: The act of falsification is limited to an alteration which changes its
Forgery under Art. 169 refers to the It is the commission of any of the eight meaning. Hence, other acts of falsification, even in legislative documents, are
falsification and counterfeiting of (8) acts mentioned in Art. 171 on punished either in Art. 171 or under Art. 172.
treasury or bank notes or any instrument legislative, public or official, commercial,
payable to bearer or order. or private documents, or wireless or Penalty: Prision correccional (maximum period) and a fine not exceeding P6,000
telegraph messages. pesos
Art. 170. Falsification of legislative documents. The penalty of Note:

prision correccional in its maximum period and a fine not exceeding The words municipal council should include the city council or municipal board
P6,000 pesos shall be imposed upon any person who, without proper
authority therefor, alters any bill, resolution, or ordinance enacted or R.A. No. 248 prohibits reprinting, reproduction or republication of government
approved or pending approval by either House of the Legislature or publications and official documents without previous authority.
any provincial board or municipal council.
Art. 171. Falsification by public officer, employee; or notary or
Art 170 as amended by RA 10951, provides: ecclesiastical minister.
Art. 170. Falsification of legislative documents.- The penalty or prision correccional The penalty of prision mayor and a fine not to exceed P5,000 pesos
in its maximum period and a fine not exceeding One million two hundred shall be imposed upon any public officer, employee, or notary who,
thousand (P1, 200,000) pesos shall be imposed upon any person who, without taking advantage of his official position, shall falsify a document by
proper authority therefor alters any bill, resolution, or ordinance enacted or committing any of the following acts:
approved or pending approval by either House of Congress or any provincial board 1. Counterfeiting or imitating any handwriting, signature or rubric;
or municipal council.
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2. Causing it to appear that persons have participated in any act or 5. Altering true dates;
proceeding when they did not in fact so participate; 6. Making any alteration or intercalation in a genuine document which
3. Attributing to persons who have participated in an act or changes its meaning;
proceeding statements other than those in fact made by them; 7. Issuing in an authenticated form a document purporting to be a
4. Making untruthful statements in a narration of facts; copy of an original document when no such original exists, or including
5. Altering true dates; in such a copy a statement contrary to, or different from, that of the
6. Making any alteration or intercalation in a genuine document which genuine original; or
changes its meaning; 8. Intercalating any instrument or note relative to the issuance thereof
7. Issuing in an authenticated form a document purporting to be a in a protocol, registry, or official book.
copy of an original document when no such original exists, or including The same penalty shall be imposed upon any ecclesiastical minister
in such a copy a statement contrary to, or different from, that of the who shall commit any of the offenses enumerated in the preceding
genuine original; or paragraphs of this article, with respect to any record or document of
8. Intercalating any instrument or note relative to the issuance thereof such character that its falsification may affect the civil status of
in a protocol, registry, or official book. persons.
The same penalty shall be imposed upon any ecclesiastical minister
who shall commit any of the offenses enumerated in the preceding Elements: (NAF)
paragraphs of this article, with respect to any record or document of 1. That the offender is a public officer, employee, or Notary public or
such character that its falsification may affect the civil status of ecclesiastical minister;
persons. 2. That he takes Advantage of his official position: and
3. That the offender Falsifies a document by committing any of the following
Art. 171 as amended by RA 10951, provides: acts:
1) Counterfeiting or imitating (feigning) any handwriting,
Art. 171. Falsification by public officer, employee; or notary or signature or rubric.
ecclesiastical minister. The penalty of prision mayor and a fine not to 2) Causing it to appear that persons have participated n any
exceed One million pesos (1,000,000) shall be imposed upon any public act or proceeding when they did not in fact so participate.
officer, employee, or notary who, taking advantage of his official 3) Attributing to persons who have participated in an act or
position, shall falsify a document by committing any of the following proceeding statements other than those in fact made by
acts: them.
1. Counterfeiting or imitating any handwriting, signature or rubric; 4) Making untruthful statements in a narration of facts.
2. Causing it to appear that persons have participated in any act or 5) Altering true dates.
proceeding when they did not in fact so participate; 6) Making any alteration or intercalation in a genuine
3. Attributing to persons who have participated in an act or document which changes its meaning.
proceeding statements other than those in fact made by them; 7) Issuing in authenticated form a document purporting to be a
4. Making untruthful statements in a narration of facts; copy of an original document when no such original exists,
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or including in such copy a statement contrary to, or It is any written statement by which a right is established or an obligation is
different from, that of the genuine original. extinguished or by which a fact may be proved or affirmed.
8) Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry or official book. The document must be complete or at least have the appearance of a true and
genuine document.
1. That the offender is a public officer, employee, or Notary public or
ecclesiastical minister; The document must be of apparent legal efficacy.
The ecclesiastical minister is liable under this article if he shall commit any of the In the 1st, 2nd, 6th, 7th (second part) and 8th mode of falsification, there must be a
acts of falsification enumerated in this article with respect to any record or genuine document.
document of such character that its falsification may affect the civil status of
persons. In the other paragraphs of Art. 171, falsification may be committed by simulating or
fabricating a document.
Note:
The same is not applicable when the purpose is merely to correct clerical errors in Note:
unessential details. There is no falsification of a public document if the acts of the accused are
consistent with good faith.
2. That he takes Advantage of his official position when:
(a) He has the duty to make or to prepare or otherwise to intervene in the Eight (8) Modes of Falsifying a Document: (IPA-UTAIN)
preparation of the document; or
(b) He has the official custody of the document which he falsifies. 1. Counterfeiting or Imitating (feigning) any handwriting, signature or rubric
If he did not take advantage of his official position, he would be guilty of falsification Ways of Committing:
of public document by a private individual under Art. 172. a. Counterfeiting - imitating any handwriting, signature or rubric.
b. Imitating (feigning) - simulating a signature, handwriting or rubric
3. That the offender Falsifies a document. out of one which does not in fact exist (e.g. making it appear that a
person who does not know how to write has signed the document).
Note: 2. Causing it to appear that persons have Participated in any act or
In falsification, intent to gain is not necessary. What is being punished is the proceeding when they did not in fact so participate
violation of public faith and the destruction of truth as therein solemnly proclaimed.
Requisites:
Document a. That the offender caused it to appear in a document that a person or
persons participated in an act or a proceeding; and
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b. That such person or persons did not in fact so participate in the act or
proceeding. Narration of facts
It is merely an account or description of the particulars of an event or occurrence.
Example: Hence, the use of words or figures or numbers or any combination of two or three
Voting in place of the registered voter. of said things, as long as it describes an event is sufficient to make a narration of
facts under Art. 171 (4) (Bartolo v. Sandiganbayan).
Note:
The imitation of the signature of the offended party is not necessary in this mode of If the narration of facts is contained in an affidavit or a statement required by law to
falsification. be sworn to, the crime committed is perjury.
3. Attributing to persons who have participated in an act or proceeding

statements other than those in fact made by them Conclusion of law
It is defined as a proposition not arrived at by any process of natural reasoning from
Requisites: (PMA) a fact or combination of facts stated by the application of the artificial rules of law
a. That a person or persons Participated in an act or a proceeding; to the facts pleaded (Siquian v. People).
b. That such person or persons Made statements in that act or proceeding;
and The facts must be absolutely false
c. That the offender, in making a document, Attributed to such person or The crime of falsification is not violated if there is some colourable truth in the
persons statements other than those in fact made by such person or persons. statements of the accused (People v. Villena).
Example: Note:
Instead of executing a conferment of the power of attorney as intended by the The person making the narration of facts must be aware of the falsity of the facts
offended parties, defendant managed to pervert the truth and ascribed to the narrated by him.
former, statements making him a buyer and a new owner of the coconut land of the Wrongful intent is not essential when the document falsified is a public document.
offended parties (U.S. v. Capule).
5. Altering True dates
4. Making Untruthful statements in a narration of facts
Note:
Requisites: Date must be essential e.g., dates in the police blotter.
a. That the offender makes in a document statements in a narration of facts;
b. That he has the legal obligation; The alteration of the date or dates in a document must affect either the veracity of
c. That the facts narrated by the offender are absolutely false; and the document or the effects thereof.
d. That the perversion of truth in the narration of facts was made with the
wrongful intent or injuring a third person (Suero v. People).
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Alteration of dates in official receipts to prevent discovery of malversation is
falsification. 8. Intercalating any instrument or Note relative to the issuance thereof in a
protocol, registry, or official book.
6. Making any Alteration or intercalation in a genuine document which
changes its meaning Penalty
Prision mayor and a fine not to exceed P5,000 pesos
Requisites:
a. That there be an alteration (change) or intercalation (insertion) on a
document; Art. 172. Falsification by private individual and use of falsified
b. That it was made on a genuine document; documents. The penalty of prision correccional in its medium and
maximum periods and a fine of not more than P5,000 pesos shall be
If the document is not genuine the crime of estafa is committed. imposed upon:
1. Any private individual who shall commit any of the falsifications
c. That the alteration or intercalation has changed the meaning of the enumerated in the next preceding article in any public or official
document; and document or letter of exchange or any other kind of commercial
d. That the change made the document speak something false. document;
Note: 2. Any person who, to the damage of a third party, or with the intent
Alteration which speaks the truth is not falsification. The idea of deception is to cause such damage, shall in any private document commit any of
inherent in the word alteration of making the instrument speak something which the acts of falsification enumerated in the next preceding article; and
the parties did not intend it to speak.
3.Any person who shall knowingly introduce in evidence in any judicial
7. Issuing in an authenticated form a document purporting to be a copy of an proceeding or to the damage of another or who, with the intent to
original document when no such original exists, or including in such a copy cause such damage, shall use any of the false documents embraced in
a statement contrary to, or different from, that of the genuine original. the next preceding article or in any of the foregoing subdivisions of this
article, shall be punished by the penalty next lower in degree.
Note:
It cannot be committed by a private individual or by a notary public or public officer Art 172 as amended by RA 10951, provides:
who does not take advantage of his official position. Art. 172. Falsification by private individual and use of falsified
documents. The penalty of prision correccional in its medium and
Intent to gain or prejudice is not necessary, because it is the interest of the maximum periods and a fine of not more than P1,000,000 pesos shall
community which is intended to be guaranteed by the strict faithfulness of the be imposed upon:
officials charged with the preparation and preservation of the acts in which they 1. Any private individual who shall commit any of the falsifications
intervene. enumerated in the next preceding article in any public or official
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document or letter of exchange or any other kind of commercial A document created, executed or issued by a public official in response to
document; the exigencies of the public service, or in the execution of which a public official
intervened (US v. Asensi).
2. Any person who, to the damage of a third party, or with the intent A public document is any instrument authorized by a notary public or a competent
to cause such damage, shall in any private document commit any of public official, with the solemnities required by law (Cacnio, et. al. v. Baens).
the acts of falsification enumerated in the next preceding article; and
2. Official document
3.Any person who shall knowingly introduce in evidence in any judicial A document which is issued by a public official in the exercise of the functions of his
proceeding or to the damage of another or who, with the intent to office (US v. Asensi).
cause such damage, shall use any of the false documents embraced in
the next preceding article or in any of the foregoing subdivisions of this 3. Private document
article, shall be punished by the penalty next lower in degree. A deed or instrument executed by a private person without the intervention of a
notary public or other person legally authorized, by which document some
disposition or agreement is proved, evidenced or set forth. (US vs. Orera).
Punishable Acts:
1. Falsification of public, official or commercial document by a private 4. Commercial document
individual. Any document defined and regulated by the Code of commerce or any other
2. Falsification of private document by any person. commercial law (People v. Co Beng).
3. Use of falsified documents.
---------------------------------------------
1. Falsification of public, official or commercial document by a private 2. Falsification of private document by any person.
individual.
Elements: (FaPriD)
Elements: (Pub-FaP) a. That the offender committed any of the acts of Falsification,
1. That the offender is a private individual or a Public officer or employee who except those in par. 7, enumerated in Art. 171;
did not take advantage of his official position; b. That falsification was committed in a Private document; and
2. That he committed any of the acts of Falsification enumerated in Art. 171; c. That the falsification caused Damage to a third party or at
and least the falsification was committed with the intent to
3. That the falsification was committed in a Public or official or commercial cause such damage.
document.
Private document
Four kinds of document: A deed or instrument executed by a private person without the intervention of a
notary public or other person legally authorized, by which document some
1. Public document disposition or agreement is proved, evidenced or set forth. (US vs. Orera).
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Elements:
When private document deemed as public document: 1. That the offender knew that a document was falsified by another person;
a. When acknowledged before a notary public (People v. Tan Bomping). 2. That the false document is embraced in Art. 171 or in any of subdivision No.
b. When intended to be a part of the public or official record, and it becomes 1 or 2 of Art. 172; and
part of an official record or is certified by a public officer duly authorized by 3. That he introduced said document in evidence in any judicial proceeding.
law. Hence, the fact that the falsification took place before it became part
of the public records is immaterial (U.S. v. Asensi). Note: No damage is required.
Mere falsification of private document is not enough. Two things are required: b. Use in any other transaction
a. He must have falsified the same; and
b. He must have performed an independent act in order to make use of it Elements:
which operates to the prejudice of third persons (U.S. v. Paraiso). 1. That the offender knew that the document was falsified by another person;
2. That the false document was embraced in Art. 171 or in any of subdivision
Damage need not be material; damage to ones honor is included (People v. No. 1 or 2 of Art. 172;
Marasigan). 3. That he used such document (not in judicial proceeding); and
4. That the use of the false document caused damage to another or at least it
Consummation was used with intent to cause such damage.
Generally, falsification is consummated when the genuine document is altered or
the moment the false document is executed. It is immaterial that the offender did Note:
not achieve his objective. If a person makes, presents, or uses any record, document, paper or object with
knowledge of its falsity and with intent to affect the course or outcome of the
Cannot be complexed with Estafa investigation of, or official proceedings in criminal cases, such person is liable under
There is no complex crime of estafa through falsification of a private document P.D. No. 1829.
because the immediate effect of falsification of a private document is the same as
that of estafa. Falsification of a Public/Official or Commercial Documents
and Falsification of Private Document; Distinguished
There is no falsification of private document through reckless imprudence since
there is at least intent to cause damage, that is, there must be malice. Falsification of a Public/Official or Falsification of Private Document
Commercial Document
3. Use of falsified documents. When committed as a necessary means There is no complex crime of estafa
to commit estafa, complex crime is through falsification of private
a. Introducing in a judicial proceeding committed. document.
Reason: Crime of falsification has already Reason: The fraudulent gain obtained
been consummated. through deceit in estafa, in the
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Actually using the falsified document to commission of which a private Elements of acts 1 & 2:
defraud another is estafa, which causes document was falsified, is the very 1. That the offender is an officer or employee of the Government or an officer
the damage, not the falsification. damage caused by the falsification of or employee of a private corporation, engaged in the service of sending or receiving
such document. wireless, cable or telephone message; and
2. That he commits any of the above acts.
Falsification of Private Document and Public Documents; Distinguished 3. Using such falsified message.
Falsification of Private Documents Falsification of a Public Documents Elements: (KUP)

The prejudice to a third party is taken Prejudice to third party is immaterial;
into account so that if damage is not what is punished is the violation of 1. That the accused Knew that the wireless, cable, telegraph, or telephone
apparent, or at least if with no intent to public faith and the perversion of truth. message was falsified by any of the persons specified in the first paragraph of Art.
cause it, the falsification is not 173;
punishable. Note:
The offender need not be connected to the government or to such
Penalty corporation under No. 3.
Prision correccional (medium and maximum) and a fine of not more than P5,000 2. That the accused Used such falsified dispatch; and
pesos 3. That the use of the falsified dispatch resulted in the Prejudice of a third
party, or that the use thereof was with intent to cause such prejudice.
Art. 173. Falsification of wireless, cable, telegraph and telephone
messages, and use of said falsified messages. The penalty of prision Note:
correccional in its medium and maximum periods shall be imposed upon Sec. 4 of Act 1851 punishes any person who willfully forges or substantially alters a
any officer or employee of the Government or any private corporation or telegram or who utters a telegram knowing the same to be forged, or who utters as
concern engaged in the service of sending or receiving wireless, cable or a telegram any message or communication which he knows to be not a telegram.
telephone message who utters a fictitious wireless, telegraph or
telephone message of any system or falsifies the same. SECTION 5: Falsification of medical certificates, certificates of merit or
Any person who shall use such falsified dispatch to the prejudice of a service, and the like
third party or with the intent of cause such prejudice, shall suffer the
penalty next lower in degree. Art. 174 : False medical certificates, false certificates of merit or service, etc. The
penalties of arresto mayor in its maximum period to prision correccional in its
Punishable Acts: (UFU) minimum period and a fine not to exceed 1,000 pesos shall be imposed upon :
1. Uttering fictitious wireless, telegraph or telephone messages; 1. Any physician or surgeon who, in connection with the practice of his
2. Falsifying wireless, telegraph or telephone messages; profession, shall issue a false certificate; and
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2. Any public officer who shall issue a false certificate of merit or service, *The phrase or similar circumstances does not seem to cover property, because
good conduct, or similar circumstances. the circumstance contemplated must be similar to merit, service, or good
The penalty of arresto mayor shall be imposed upon any private person who shall conduct.
falsify a certificate falling within the classes mentioned in the two preceding
subdivisions. Private individual who falsified a certificate falling in the classes mentioned in
nos. 1 and 2.
Art. 174 as amended by RA 10951 provides: NOTE:
Art. 174 : False medical certificates, false certificates of merit or service, etc. The The crime is False Medical Certificate by a private individual or False
penalties of arresto mayor in its maximum period to prision correccional in its Certificate of Merit or Service by a private individual.
minimum period and a fine not to exceed 200,000 pesos shall be imposed upon :
1. Any physician or surgeon who, in connection with the practice of his Art. 175: Using false certificates The penalty of arresto menor shall be imposed
profession, shall issue a false certificate; and upon any one who shall knowingly use any of the false certificates mentioned in
2. Any public officer who shall issue a false certificate of merit or service, the next preceding articles.
good conduct, or similar circumstances.
The penalty of arresto mayor shall be imposed upon any private person who shall ELEMENTS: ( FK-U)
falsify a certificate falling within the classes mentioned in the two preceding That a physician or surgeon had issued a False medical certificate, or a public
subdivisions. officer had issued a false certificate of merit or service, good conduct, or similar
circumstances, or a private person had falsified any f said certificates.
That the offender Knew that the certificate was false.
Certificate That he Used the same.
is any writing by which testimony is given that a fact has or has not taken place.
(Bouviers Law Dictionary, p.442) When any of the false certificates in the preceding Article is used in a judicial
Persons liable proceeding, Art. 175 will apply. The use of false documents in judicial proceedings
Physician or surgeon, who in connection with the practice of his profession, under Art. 172 is limited to those false documents mentioned in Arts. 171 and 172.
issued a false certificate;
NOTE: SECTION 6: Manufacturing, importing and possession of instruments or
The crime is False Medical Certificate by a Physician. implements intended for the commission of falsification
Public officer who issued a false certificate of merit or service, good conduct or Art. 176 Manufacturing and possession of instruments or implements for
similar circumstances; falsification The penalty of prision correccional in its medium and maximum
NOTE: periods and a fine not to exceed 10,000 pesos shall be imposed upon any person
The crime is False Certificate of Merit or Service by a public officer. who shall make or introduce into the Philippine Islands any stamps, dies, marks, or
other instruments or implements intended to be used in the commission of the
offenses of counterfeiting or falsification mentioned in the preceding sections of
this chapter.
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Any person who, with the intention of using them, shall have in his possession any In order to secure a conviction under the 2nd paragraph of Article
of the instruments or implements mentioned in the preceding paragraph, shall 176, it is not necessary that the implements confiscated form a
suffer the penalty next lower in degree than that provided therein. complete set for counterfeiting, it being enough that they may be
employed by themselves or together with other implements to
Art 176 as amended by RA 10951, provides: commit the crime of counterfeiting or falsification ( People vs.
Santiago, C.A. 48 O.G 4401)
Art. 176 Manufacturing and possession of instruments or implements for
falsification The penalty of prision correccional in its medium and maximum Art. 165 and 176 punish not only actual, physical possession, but also constructive
periods and a fine not to exceed 1,000,000 pesos shall be imposed upon any possession or the subjection of the thing to ones control ( REYES, Book 2, supra at
person who shall make or introduce into the Philippine Islands any stamps, dies, 248).
marks, or other instruments or implements intended to be used in the commission
of the offenses of counterfeiting or falsification mentioned in the preceding CHAPTER TWO: OTHER FALSITIES
sections of this chapter. (ARTS. 177-184)
Any person who, with the intention of using them, shall have in his possession any
of the instruments or implements mentioned in the preceding paragraph, shall SECTION ONE: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER
suffer the penalty next lower in degree than that provided therein. USE OF NAMES, UNIFORMS AND INSIGNIA
Punishable Acts : (MP) ARTICLE 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
Making or introducing into the Philippines any stamp, dye, mark or other Usurper is one who introduces himself into an office that is vacant, or
instruments or implements for counterfeiting or falsification ; and who without color of title, ousts the incumbent and assumes to act as
Possessing with intent to use the instruments or implements for counterfeiting an officer by expressing some of the functions of the office. (People vs.
or falsification made in or introduced into the Philippines by another person. Buenaflor)
EXAMPLES: Two offenses contemplated in Art. 177:
1. Usurpation of Authority
1. A person who manufactured a seal in imitation of the seal of Lipa, Batangas, 2. Usurpation of Official Functions
for making false certificates for the transfer of livestock, is guilty of making
instrument for falsification of certificates. (U.S. v. Angles, 6 Phil.435) How committed:
2. 2. A person who possessed an iron brand to be used in falsifying the official 1. By knowingly misrepresenting oneself to be an officer, agent or representative
brand of a municipality for cattle branding, is guilty of illegal possession of of the Government, whether local, national or foreign;
instrument for falsification. (People v.Magpale, 70 Phil 177) Note: In usurpation of authority, the mere act of knowingly and falsely
representing oneself to be an officer, etc. is sufficient. It is not necessary that he
*The implements confiscated need not form a complete set performs an act pertaining to a public officer.
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There must be positive, express and explicit representation before being convicted imposed upon any person who shall publicly use a fictitious name for the purpose
of usurpation of authority. of concealing a crime, evading the execution of a judgment or causing damage.
2. By performing any act pertaining to a person in authority or public officer of the
Government under the pretense of official position and without authority. Any person who conceals his true name and other personal circumstances
Note: In usurpation of official functions, it is essential that the offender should shall be punished by arresto menor or a fine not to exceed Forty thousand pesos
have performed an act pertaining to a person in authority or public officer, in (P40,000)
addition to other requirements.
Acts punished:
Can a public officer commit this crime? A. Using of Fictitious Name
Elements: (OPPO)
YES, violation of Art. 177 is not restricted to private individuals. Hence, it may be 1. That the offender uses a name other than his real name;
violated by a public officer who unlawfully assumes a public position without color 2. That he uses that fictitious name publicly; and
of law. (People vs. Hilvand, GR No. L-8583, July 31, 1956) 3. That the purpose of the offender is
Note: It does not apply to an occupant under color of title. If it can be proven that a. To conceal a crime;
the usurpation of authority or official functions by the accused was done in good b. To evade the execution of a judgment; or
faith or under cloth of authority, then the charge of usurpation will not apply. c. To cause damage to public interest.
Note: If damage is to private interest, the crime will be for estafa under Art. 315,
The acts performed must pertain to: 2(a).
a. The Government Signing of fictitious name in an application for passport is publicly using such
b. To any person in authority fictitious name. (US vs. To Lee Plu, GR No. 11522, Sept. 26, 1916)
c. To any public officer May be complexed with the crime of delivering prisoners from jail under Art. 156 as
Penalty imposable is prision correccional in its minimum and medium periods. (As necessary means therefor, but may not be complexed with evasion of service of
amended by R.A 379) sentence. The prisoner who is replaced is guilty of using a fictitious name to evade
R.A. 75 provides additional penalty to the penalty imposed by the Revised Penal the execution of a judgment against him.
Code for usurping authority of diplomatic, consular or other official of foreign
government with intent to defraud such foreign government or the Government of B. Concealing true name
the Philippines. Elements:
1. That the offender conceals:
ARTICLE 178. USING OF FICTITIOUS NAME AND CONCEALING TRUE NAME a. His true name; and
b. All other personal circumstances;
Art 178 as amended by RA 10951, provides: 2. That the purpose is only to conceal his identity.
Fictitious name any other name which a person publicly applies to himself without
Art. 178. Using fictitious name and concealing true name.- The penalty of arresto authority of law.
mayor and a fine not to exceed One hundred thousand pesos (P100,000) shall be
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Using of Fictitious Name Concealing True Name 1. As pseudonym solely for literary, cinema, television, radio or other
Element of publicity must be present. Element of publicity is not necessary. entertainment purposes and in athletic events where the use of pseudonym is a
normally accepted practice.
The purpose is either to conceal a crime, The purpose is merely to conceal 2. When the use of the second name or alias is judicially authorized and duly
to evade the execution of a judgment, or identity. recorded in the proper local civil registry;
to cause damage. 3. The use of a fictitious name or a different name belonging to a single person in a
single instance without any sign or indication that the user intends to be known
by this name in addition to his real name from that day forth. (People vs.
Using of Fictitious Usurpation of Civil Estafa (Art. 315, Using Fictitious Estrada, et al, GR No. 164368-69, April 2,2009)
Name (Art. 178) Status (Art. 348) 2a) Name Under P.D. Any person desiring to use an alias shall apply for authority therefor in proceedings
1829 like those legally provided to obtain judicial authority for a change of name.
Purpose of the Purpose is to enjoy Purpose is to Purpose of publicly No person shall be allowed to secure such judicial authority for more than one alias.
offender is to: the rights arising defraud third using a fictitious The petition for an alias shall set forth:
(a) conceal a from the civil status persons. name is to conceal a. The persons baptismal and family name and the name recorded in the civil
crime; of the person a crime, evade registry, if different, his immigrants name, if an alien, and his pseudonym, if
(b) evade the impersonated. prosecution or the he has such names other than his original or real name,
execution of a execution of a b. The reason or reasons for the use of the desired alias
judgment; or judgment or The judicial authority for the use of alias, the Christian name and the aliens
(c) to cause concealing his true immigrant name shall be recorded in the proper local civil registry, and no person
damage to public name and other shall use any name or names other than his original or real name unless the same is
interest. personal or are duly recorded in the proper local civil registry. (Sec. 2)
circumstances for No person having been baptized with a name different from that with which he was
the same purpose registered at birth in a local civil registry, or in case of an alien, registered in the
or purposes. bureau of immigration upon entry, or any person who obtained judicial authority to
use an alias, or who uses a pseudonym, shall represent himself in any public or
COMMONWEALTH ACT NO.142 (ANTI-ALIAS LAW), as amended by R. A. No. 6085, private transaction or shall sign or execute any public or private document without
An Act Regulating the Use of Aliases stating or affixing his real or original name and all names or aliases or pseudonym he
General rule: No person shall use any name different from the one with which he is or may have been authorized to use. (Sec. 3)
was registered at birth in the office of the local civil registry, or with which he was
registered in the Bureau of Immigration upon entry, or such substitute name as may Any violation of this Act shall be punished with imprisonment of from one year to
have been authorized by a competent court. five years and a fine of P5,000 to P10,000. (Sec. 5)
Exceptions:
ALIAS - a name or names used by a person or intended to be used by him publicly
and habitually, usually in business transactions in addition to his real name by which
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he is registered at birth or baptized the first tie or substitute name authorized by a affairs. Thus, Estrada could not be said to have intended his signing as Jose Velarde
competent authority. (Cesario Ursua vs. Court of Appeals, G.R. No. 112170. April 10, to be for public consumption by the fact alone that Lacquian and Chua were also
1996) inside the room at that time. The same holds true for Estradas alleged
representations with Ortaliza and Dichavez, assuming the evidence for these
There must be, in the words of Ursua, a sign or indication that the user intends to be representations to be admissible. All of Estradas representations to these people
known by this name (the alias) in addition to his real name from that day forth for were made in privacy and in secrecy, with no iota of intention of publicity. (People
the use of alias to fall within the prohibition contained in C.A. No. 142 as amended. vs. Estrada, et al, GR No. 164368-69, April 2,2009)
Intent to Use The Alias Must Be Habitual ARTICLE 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA
The Peoples claim that Estrada habitually used the Jose Velarde alias deals a fatal Elements: (INP)
blow to the Peoples case. For, to our mind, the repeated use of an alias within a 1. That the offender makes use of insignia, uniform or dress;
single day cannot be deemed habitual, as it does not amount to a customary 2. That the insignia, uniform or dress pertains to an office not held by the
practice or use. This reason alone dictates the dismissal of the petition under CA No. offender or to a class of person of which he is not a member; and
142 and the terms of Ursua. (People vs. Estrada, et al, GR No. 164368-69, April 3. That said insignia, uniform or dress is used publicly and improperly.
2,2009)
Note: Wearing the uniform of an imaginary office is NOT punishable. The office
Intent to Publicly Use The Alias Must Be Manifest must actually exist.
The rule in the law of libel that mere communication to a third person is publicity An exact imitation of a uniform or dress is unnecessary. Colorable resemblance
does not apply to violations of CA No. 142. Our close reading of Ursua tells us that calculated to deceive ordinary persons is sufficient.
the required publicity in the use of alias is more than mere communication to a third Republic Act No. 493 punishes the wearing of insignia, badge or emblem of rank of
person; the use of the alias, to be considered public, must be made openly, or in an the members of the Armed Forces of the Philippines or Constabulary except if used
open manner or place, or to cause it to become generally known. In order to be held in a playhouse or theater or in a moving picture not tending to bring discredit or
liable for a violation of CA No. 142, the user of the alias must have held himself out reproach.
as a person who shall publicly be known under that other name. In other words, the Republic Act No. 75 punishes the use of uniform, decoration or regalia of a foreign
intent to publicly use the alias must be manifest. State.
Executive Order No.297 punishes the illegal manufacture, sale, distribution and use
To our mind, the presence of Lacquian and Chua when Estrada signed as Jose of PNP uniforms, insignias and other accoutrements.
Velarde and opened Trust Account No. C-163 does not necessarily indicate his
intention to be publicly known henceforth as Jose Velarde. In relation to Estrada, SECTION TWO: FALSE TESTIMONY
Lacquian and Chua were not part of the public who had no access to Estradas False testimony is committed by any person who, being under oath, and required
privacy and to the confidential matters that transpired in Malacaang where he sat to testify as to the truth of a certain matter at a hearing before a competent
as President; Lacquian was the Chief of Staff with whom he shared matters of the authority, shall deny the truth or say something contrary to it.
highest and strictest confidence, while Chua was a lawyer-friend bound by his oath
of office and ties of friendship to keep and maintain the privacy and secrecy of his
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The false testimony need not directly influence the decision of the court. 5.
The intent to favor defendant is sufficient. Note: Good faith is a defense.
Three forms of false testimony The offender must testify on material matters such that even if he lied on
1. False Testimony in Criminal Cases (Arts. 180-181) immaterial matters (e.g. age), this article is not violated.
2. False Testimony in Civil Cases (Art. 182)
3. False Testimony in other cases (Art. 183) Violation of this article requires criminal intent. Hence, it cannot be committed
4. through negligence.
ARTICLE 180. FALSE TESTIMONY AGAINST A DEFENDANT
Defendant must be sentenced to at least a correctional penalty or a fine, or must be
Art 180 as amended by RA 10951, provides: acquitted.
Art. 180. False Testimony against a defendant.- A person who shall give false The offender is liable even if his testimony was not considered by court. The law
testimony against the defendant in any criminal case shall suffer: intends to punish the mere giving of false testimony.
1. The penalty of reclusion temporal, if the defendant in The testimony must be complete.
said case shall have been sentenced to death;
2. The penalty of prision mayor, if the defendant shall Art. 180 applies to Special Penal Laws because Special Penal Laws follow the
have been sentenced to reclusion temporal or nomenclature of the Revised Penal Code.
reclusion perpetua;
3. The penalty of prision correccional, if the defendant ARTICLE 181. FALSETESTIMONY FAVORABLE TO THE DEFENDANT
shall have been sentenced to any other afflictive Art 181 as amended by RA 10951, provides:
penalty; and Art 181. False testimony favorable to the defendant.- Any person who shall give
4. The penalty of arresto mayor, if thhe defendant shall false testimony in favor of the defendant in a criminal case, shall suffer the
have been sentenced to a correctional penalty or a penalties of arresto mayor in its maximum period and a fine not to exceed Two
fine, or shall have been acquitted. hundred thousand pesos (P200,000), if the prosecution is for a felony punishable
ii. In cases provided in subdivisions 3 and 4 of this article the by an afflictive penalty, and the penalty or arresto mayor in any other case.
offender shall further suffer a fine not to exceed P200,000
pesos. Note: False testimony is punished not because of the effect it actually produces
Elements: but because of its tendency to favor or to prejudice the defendant.
1. That there be a criminal proceeding; False testimony in favor of the defendant need not directly influence the decision of
2. That the offender testifies falsely under oath against the defendant therein; the acquittal and it need not benefit the defendant. The intent to favor
3. That the offender who gives false testimony knows that it is false; defendant is sufficient.
4. That the defendant against whom the false testimony is given is either acquitted
or convicted in a final judgment. A statement of mere opinion is not punishable.
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Conviction or acquittal of defendant in principal case is not necessary. It is sufficient Elements: (CIF-KI)
that the defendant is prosecuted for a felony punishable by afflictive or by other 1. That the testimony must be given in a civil case;
penalty. 2. That the testimony must relate to the issues presented in said case;
3. That the testimony must be false;
A defendant who falsely testifies in his own behalf in a criminal case can only be 4. That the false testimony must be given by the defendant knowing it to be false;
guilty of Art. 181 when he voluntarily goes upon the witness stand and falsely 5. That the testimony must be malicious and given with an intent to affect the
imputes to some other person the commission of a grave offense. If he merely issues presented in said case.
denies the commission of the crime or his participation therein, he should not be
prosecuted for false testimony. (U.S. vs. Soliman, GR No. L-11555, January 6, 1917) Note: Art. 182 applies only to ordinary or special civil actions and supplementary
Rectification made spontaneously after realizing the mistake is not false testimony. or ancillary proceedings. (US vs. Gutierrez, GR No. 4750, January 19, 1909)
The accused is not liable if there is no sufficient evidence that he acted with malice Art. 182 is NOT applicable when the false testimony is given in special proceedings.
or with criminal intent to testify. (Pueblo vs.Ambal, GR No. 46954, June 14, 1940) Instead, what is committed is perjury under Art. 183. (People vs. Hernandez)
Effect on Prescriptive Period The criminal action for false testimony must be suspended when there is a pending
determination of the falsity of the subject testimonies of private respondents in the
FALSE TESTIMONY AGAINST A FALSETESTIMONY FAVORABLE TO civil case. (Ark Travel Express vs. Judge Abrogar; GR No. 137010, August 29, 2003)
DEFENDANT (Art. 180) THE DEFENDANT (Art. 181)
Prescriptive period will not begin to Prescriptive period commences right The basis of penalty is the amount involved in the civil case.
run as long as the case has not been after the witness testified because
decided with finality because the the basis of the penalty on the false ARTICLE 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
basis of the penalty on the false witness is the felony charged to the AFFIRMATION
witness is the sentence on the accused.
accused. Perjury is the willful and corrupt assertion of falsehood under oath or affirmation
administered by authority of law on a material matter. (Villanueva vs. Secretary of
ARTICLE 182. FALSE TESTIMONY IN CIVIL CASES Justice, GR No. 162187, November 18, 2005)
Art 182 as amended by RA 10951, provides:
Art. 182. False testimony in civil cases.- Any person found guilty of false testimony Two ways of committing perjury:
in a civil case shall suffer the penalty of prision correccional in its minimum period 1. By falsely testifying under oath;
and a fine not to exceed P1,2000,000 pesos, if the amount in controversy shall 2. By making a false affidavit.
exceed P1,000,000 pesos, and the penalty of arresto mayor in its maximum period
to prision correccional in its minimum period and a fine not to exceed P200,000 Note: Falsely testifying under oath must NOT be in a judicial proceeding.
pesos, if the amount in controversy shall not exceed the said amount or cannot be
estimated. Elements: (SCAR)
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1. That the accused made a statement under oath or executed an affidavit upon a There is no perjury through negligence or imprudence. The word knowingly under
material matter; Art. 183 suggests that the assertion of falsehood be willful and deliberate.
2. That the statement or affidavit was made before a competent officer authorized
to receive and administer oath; A conviction for perjury cannot be obtained by merely showing the inconsistent or
3. That in that statement or affidavit, the accused made a willful and deliberate contradictory statements of the accused, even if both statements are sworn. The
assertion of a falsehood; prosecution must additionally prove which of the two statements is false and must
4. That the sworn statement or affidavit containing the falsity is required by law. show the statement to be false by evidence other than the contradictory statement.
Rationale: Proof that accused has given contradictory testimony under oath at a
Note: The SC held that the statement need not be required but that it was different time will not be sufficient to establish the falsity of his testimony charged
sufficient if it was authorized by law to be made. (People vs. Angangco, GR No. L- as perjury, for this would leave simply one oath of the defendant as against another,
47693, October 12, 1943) and it would not appear that the testimony charged was false rather than the
testimony contradictory thereof. The two statements will simply neutralize each
Oath any form of attestation by which a person signifies that he is bound in other; there must be some corroboration of the contradictory testimony. Such
conscience to perform an act faithfully and truthfully. corroboration, however, may be furnished by evidence aliunde tending to show
perjury independently of the declarations of testimony of the accused. (Masangkay
Affidavit a sworn statement in writing; a declaration in writing, made upon oath vs. People, GR No. 164443, June 18, 2010)
before an authorized magistrate or officer.
Art 183 governs in false testimony given in cases other than those punished in Arts
Competent person a person who has a right to inquire into the questions 180-182, and in actions for perjury. Good faith or lack of malice is a defense in
presented to him upon matters under his jurisdiction. perjury.
Material matter is the main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact or circumstance which tends to Subornation of perjury is committed by a person who knowingly and willfully
corroborate or strengthen the testimony relative to the subject of inquiry, or which procures another to swear falsely and he witness suborned does testify under the
legitimately affects the credit of any witness who testifies. (Masangkay vs. People, circumstances rendering him guilty of perjury.
GR No. 164443, June 18, 2010) Subornation of perjury is NOT expressly penalized in the RPC, but the direct
induction of a person by another to commit a perjury may be punished under Art.
The test to determine the materiality of the matter is not whether the evidence is 183 in relation to Art. 17.
proper to be admitted but whether, if admitted, it could properly influence the
result of the trial. PERJURY FALSE TESTIMONY
Any willful and corrupt assertion of Given in the course of a judicial proceeding.
There is no perjury if sworn statement is not material to the principal matter under falsehood on material matters
investigation. (US vs. Jurado, GR No. 10719, September 24, 1915) under oath or affirmation,
not given in judicial proceedings.
There is perjury even during Contemplates actual trial where judgment of
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preliminary investigation. conviction or acquittal is rendered. (ARTS. 185-189)
Perversion of truth.
SECTION ONE: MACHINATIONS, MONOPOLIES, AND COMBINATIONS
ARTICLE 184. OFFERING OF FALSE TESTIMONY IN EVIDENCE
ARTICLE 185. MACHINATIONS IN PUBLIC AUCTIONS
Elements: (FOK)
1. That the offender offered in evidence a false witness or testimony; Punishable Acts:
2. That the offer was made in a judicial or official proceeding. 1. Soliciting any gift or promise as a consideration for refraining from taking part in
3. That he knew the witness or testimony was false; any public auction.
Shall knowingly offer in evidence a false witness or testimony Elements: (ASCI)

Offer of evidence under Rule 132 Sec. 35 of the Rules of Court, insofar as testimonial a. That there be a public auction;
evidence is concerned, begins the moment a witness is called to the witness stand b. That the accused solicited any gift or a promise from any of the bidders;
and testifies. c. That such gift or promise was the consideration for his refraining from
taking part in that public auction; and
Even if there was conspiracy between the false witness and the party presenting d. That the accused had the intent to cause the reduction of the price of
him, the witness having desisted from testifying on any material matter, he is not the thing auctioned.
liable, because desistance in the attempted stage is an absolutory cause which
exempts him from criminal liability. Note: It is consummated by mere solicitation. It is not required that the person
making the proposal actually refrains from taking part in any auction.
The party who presented him, not having desisted, is criminally liable.
2. Attempting to cause bidders to stay away from an auction by threats, gifts,
Note: Art. 184 does not apply when the offender induced a witness to testify promises or any artifice.
falsely. Instead, what is committed is subornation of perjury. Art. 184 applies when
the offender knowingly presented a false witness, and the latter testified falsely. Elements: (AATI)
Penalty is that for false testimony if committed in a judicial proceeding and the a. That there be a public auction;
penalty is that for perjury if committed in other official proceeding. b. That the accused attempted to cause the buyers to stay away from that
public auction;
c. 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.
Note: It is consummated by mere attempt. The threat need not be effective nor
CHAPTER THREE: FRAUDS the offer or gift accepted.
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b. To increase the market price of any merchandise or object of
Reason for the provision Execution sales should be opened to free and full commerce, manufactured, produced, processed, assembled or imported
competition in order to secure the maximum benefit for the debtors. (Diaz vs. into the Philippines.
Kapunan, 46 phil 482)
Note: Mere conspiracy or combination is punished.
ARTICLE 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
SECTION TWO: FRAUDS IN COMMERCE AND INDUSTRY
Acts punishable:
1. Combination or conspiracy to prevent free competition in market. ARTICLE 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES
By entering into any contract or agreement or taking part in any conspiracy or OR MERCHANDISE MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OR
combination in the form of a trust or otherwise, in restraint of trade or commerce or THEIR ALLOYS
to prevent by artificial means free competition in the market.
2. Monopoly to restrain free competition in market. Art 187 as amended by R 10951, provides:
By monopolizing any merchandise or object of trade or commerce, or by combining
with any other person or persons to monopolize said merchandise or object in order Art. 187. Importation and disposition of falsely marked articles or merchandise
to alter the prices thereof by spreading false rumors or making use of any other made of gold, silver, or other precious metals or their alloys.- The penalty of
artifice to restrain free competition in the market. prision correccional or a fine ranging from P40,000 pesos to P200,000 oesis, or
3. Making transactions prejudicial to lawful commerce or to increase the market both, shall be imposed upon any person who shall knowingly import or sell or
price of merchandise. dispose of any article or merchandise made of gold, silver, or other precious
metals, or other alloys, with stamps, brands, or marks which fail to indicate the
Persons liable: actual fineness or quality of said metals or alloys.
a. Manufacturer,
b. Producer, Any stamp, brand, label or mark shall be deemed to failed to indicate the
c. Processor, or actual fineness of the article on which it is engraved, printed, stamped, labeled or
d. Importer of any merchandise or object of commerce. attached, when the test of the article shows that the quality or fineness thereof is
less by more than one-half karat, if made of gold, and less by more than ofourt
The crime is committed by: one-thousandth, if made of silver, than what is shown by said stamp, brand, label,
a. Combining; or mark. But in case of which cases and flatware made of gold, the actual fineness
b. Conspiring; or of such gold shall not be less by more than three one-thousandth than the
c. Agreeing with any person. fineness indicated by said stamp, brand, label, or mark.
Articles or merchandise involved:
The purpose is: 1. Gold,
a. To make transactions prejudicial to lawful commerce; or 2. Silver,
3. Other precious metals, or
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4. Their alloys. a. Section 155 (Infringement),
b. Section 168 (Unfair Competition); and
Elements: c. Subsection 169.1 (False Designation of Origin and False Description or
1. That the offender imports, sells or disposes any of those articles; Representation) of the IPC.
2. That the stamps, brands or marks of those articles or merchandise fail to
indicate the actual fineness or quality of said metal or alloy; INFRINGEMENT
3. That the offender knows that the stamps, brands, or marks fail to indicate the Persons liable for infringement:
actual fineness or quality of said metal or alloy. Any person who shall, without the consent of the owner of the registered mark:
a. Use in commerce any reproduction, counterfeit, copy, or colorable imitation
Note: Selling the misbranded articles is NOT necessary. of a registered mark or the same container or a dominant feature thereof in
Art. 187 does not apply to the manufacturer of misbranded articles. The connection with the sale, offering for sale, distribution, advertising of any
manufacturer is liable for Estafa under Art.315 subdivision 2(b) of the Revised Penal goods or services including other preparatory steps necessary to carry out
Code. the sale of any goods or services on or in connection with which such use is
likely to cause confusion, or to cause mistake, or to deceive; or
Note: Articles 188-189 have been repealed by the Intellectual Property Code.
b. Reproduce, counterfeit, copy or colorably imitate a registered mark or a
REPUBLIC ACT NO. 8293 dominant feature thereof and apply such reproduction, counterfeit, copy or
Intellectual Property Code colorable imitation to labels, signs, prints, packages, wrappers, receptacles
Intellectual Property Rights consists of: (CT-GIP-TP) or advertisements intended to be used in commerce upon or in connection
1. Copyright and Related Rights; with the sale, offering for sale, distribution, or advertising of goods or
2. Trademarks and Service Marks; services on or in connection with which such use is likely to cause confusion,
3. Geographic Indications; or to cause mistake, or to deceive.
4. Industrial Designs;
5. Patents; Mark means any visible sign capable of distinguishing the goods (trademark) or
6. Layout-Designs (Topographies) of Integrated Circuits; and services (service mark) of an enterprise and shall include a stamped or marked
7. Protection of Undisclosed Information container.
Penalties for Infringement, Unfair Competition, False Designation of Origin and Tradename - means the name or designation identifying or distinguishing an
False Description or Representation enterprise.
Sec. 170. Penalties - Independent of the civil and administrative sanctions imposed
by law, a criminal penalty of imprisonment from two (2) years to five (5) years and a Distinguish trademark and tradename
fine ranging from Fifty thousand pesos (P50,000) to Two hundred thousand
pesos(P200,000), shall be imposed on any person who is found guilty of committing Trademark Tradename
any of the acts mentioned in: Any visible sign used to indicate the A name used to in trade to designate a
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origin or ownership of the goods to particular business of certain individuals Note: Or a colorable imitation thereof denotes such a close or ingenious
which it is affixed. considered as an entity. imitation as to be calculated to deceive ordinary persons, or such resemblance to
Necessarily attached or affixed to the Not necessarily attached or affixed to the original as to deceive an ordinary purchaser giving such attention as a purchaser
goods of the owner. the goods of the owner. usually gives, as to cause him to purchase the one supposing it to be the other.
Refers to the goods. Refers to business and its goodwill. The trademark used by the offender need not be identical with the infringed
Acquired only by registration. Need not be registered. trademark. A colorable imitation is sufficient.
Elements of trademark infringement: Tests in determining confusing similarity:

1. The validity of the mark;
Note: A mark is valid if it is distinctive and thus not barred from registration. 1. Dominancy Test focuses on the similarity of the prevalent features of the
Trademark must not be merely descriptive or generic. Descriptive or generic terms competing trademarks which might cause confusion or deception, and thus
are non-registerable. infringement.
If competing trademark contains the main, essential or dominant
Generic terms those which constitute the common descriptive name of an article features of another, thereby likely resulting to confusion or deception,
or substance. infringement takes place.
Duplication or imitation is not necessary.
A term is descriptive if, as understood in its normal and natural sense, it conveys the The question is whether the use of the marks involved is likely to cause
characteristics, functions, qualities, or ingredients of a product to one who has confusion or mistake in the mind of the public or deceive purchasers.
never seen it and does not know what it is.
2. Holistic Test requires that the entirety of the marks in question be considered
2. The plaintiffs ownership of the mark; in resolving confusing similarity.
Comparison of words not the only determining factor.
Note: The trademark or tradename must be registered in the Intellectual Property The trademarks in their entirety as they appear in their respective labels
Office of the Philippines. or hangtags must also be considered in relation to the goods to which
they are attached.
A certificate of registration of a mark shall be prima facie evidence of the validity of
the registration, the registrants ownership of the mark, and of the registrants Note: Supreme Court relies on the Dominancy Test to determine question of
exclusive right to use the same in connection with the goods and services and those infringement.
that are related thereto specified in the certificate.
Under the Dominancy test, the court gives greater weight to the similarity of the
3. The use of the mark or its colorable imitation by the alleged infringer results in appearance of the product arising from the adoption of the dominant features of
likelihood of confusion.(McDonalds Corporation v. L.C. Big Mak Burger, Inc., the registered mark, disregarding the minor differences. Courts will consider more
G.R. No. 143993, Aug 18, 2004) the aural and visual impressions created by the marks in the public mind, giving little
weight to factors like prices, quality, sales outlets and market segments.
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manufacturer or dealer, other than the actual manufacturer or dealer, or who
Types of Confusion arising from the use of similar or colorable imitation marks: otherwise clothes the goods with such appearance as shall deceive the public
a. Confusion of goods when an ordinarily prudent purchaser would be induced to and defraud another of his legitimate trade, or any subsequent vendor of such
purchase one product in the belief that he was purchasing the other. goods or any agent of any vendor engaged in selling such goods with a like
b. Confusion of business when the public would be deceived into a belief that the purpose;
goods of one party, though different, originated from the other, or that there is b. Any person who by any artifice, or device, or who employs any other means
some connection between the two which, in fact, does not exist. calculated to induce the false belief that such person is offering the services of
another who has identified such services in the mind of the public; or
Concept of Related Goods. When goods are so related that the public may be, or is c. Any person who shall make any false statement in the course of trade or who
actually deceived and misled that they come from the same maker or manufacturer, shall commit any other act contrary to good faith of a nature calculated to
trademark infringement occurs. discredit the goods, business or services of another.
It is not necessary that the goods of the prior user and the late user of the Elements:
trademark are of the same categories. 1. Confusing similarity in the general appearance of the goods; and
2. Intent to deceive the public and defraud a competitor.
Remedies:
a. Recovery of Damages Note: The confusing similarity may or may not result from similarity in the marks,
Note: Where actual intent to mislead the public or to defraud the complainant is but may result from other external factors in the packaging or presentation of the
shown, in the discretion of the court, the damages may be doubled. goods. The intent to deceive and defraud may be inferred from the similarity of the
b. Impound during the pendency of the action, sales invoices and other documents appearance of the goods as offered for sale to the public. Actual fraudulent intent
evidencing sales. need not be shown. (McDonalds Corporation v. L.C. Big Mak Burger, Inc., G.R. No.
c. Disposal or Destruction of Infringing Goods and Materials 143993,18 August 2004, 437 SCRA 10, 37)
d. Injunction Evidence of actual fraudulent intent not necessary.
e. Order the cancellation of a registration
Reason for punishing unfair competition
UNFAIR COMPETITION No one shall, by imitation or any unfair device, induce the public to believe that the
goods he offers for sale are the goods of another, and thereby appropriating to
Persons liable for unfair competition: himself the value of the reputation which the other has acquired for the products or
merchandise manufactured or sold by him.
a. Any person, who is selling his goods and gives them the general appearance of
goods of another manufacturer or dealer, either as to the goods themselves or True test of Unfair Competition whether the acts of the defendant have the intent
in the wrapping of the packages in which they are contained, or the devices or of deceiving or are calculated to deceive the ordinary buyer making his purchases
words thereon, or in any other feature of their appearance, which would be under the ordinary conditions of the particular trade to which the controversy
likely to influence purchasers to believe that the goods offered are those of a
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relates. (Superior Commercial Enterprises, Inc., v. Kunnan Enterprises Ltd. And Sports
Concept & Distributor, Inc., G.R. No. 169974, April 20, 2010) 1. Is likely to cause confusion, or to cause mistake, or to deceive as to the
affiliation, connection, or association of such person with another person, or as
Liability of master for acts of servant to the origin, sponsorship, or approval of his or her goods, services, or
The master is criminally liable for the acts of his servants and employees in violation commercial activities by another person; or
of the penal provisions touching trademarks, tradenames and unfair competition if 2. In commercial advertising or promotion, misrepresents the nature,
he causes the illegal act to be done, or requests, commands or permits it, or in any characteristics, qualities, or geographic origin of his or her or another person's
manner authorizes it, or aids or abets the servant in its commission, whether he is goods, services, or commercial activities, shall be liable to a civil action for
present at the time the unlawful act is committed or not. damages and injunction provided in Sections 156 and 157 of this Act by any
person who believes that he or she is or is likely to be damaged by such act.
Trademark Infringement distinguished from Unfair Competition
Note: Liable to a civil action for damages and injunction by any person who
Trademark Infringement Unfair Competition believes that he or she is or is likely to be damaged by such act.
Unauthorized use of a trademark. Passing off of ones goods as those of Independent of the civil and administrative sanctions imposed by law the offender
another. may also be criminally liable.
Fraudulent intent is not necessary. Fraudulent intent is essential.
Prior registration of trademark is a Registration is not necessary.
prerequisite to the action. However in
case of tradename, prior registration is
not necessary.
(Del Monte Corporation v. CA, 181 SCRA 410, 415 [1990])
Note: Trademark infringement constitutes unfair competition when there is not

merely likelihood of confusion, but also actual or probable deception on the public
because of the general appearance of the goods. (McDonalds Corporation v. L.C. Big
Mak Burger, Inc., G.R. No. 143993,18 August 2004, 437 SCRA 10, 37)
FALSE DESIGNATION OF ORIGIN OR FALSE DESCRIPTION OR REPRESENTATION
Persons liable:
Any person who, on or in connection with any goods or services, or any container
for goods, uses in commerce any word, term, name, symbol, or device, or any
combination thereof, or any false designation of origin, false or misleading
description of fact, or false or misleading representation of fact, which:
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Title IV - Crimes Against Public Interest (Criminal Law Review Report)

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TITLE FOUR:

CRIMES AGAINST PUBLIC INTEREST

The offense is not falsification of public document They are:

Art. 170. Falsification of legislative documents. The penalty of Note:

3. Attributing to persons who have participated in an act or proceeding

Falsification of Private Documents Falsification of a Public Documents Elements: (KUP)

Shall knowingly offer in evidence a false witness or testimony Elements: (ASCI)

Elements of trademark infringement: Tests in determining confusing similarity:

Note: Trademark infringement constitutes unfair competition when there is not

FALSE DESIGNATION OF ORIGIN OR FALSE DESCRIPTION OR REPRESENTATION

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