TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST SEC 3: FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND

SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES,

CHAPTER 1: FORGERIES OBLIGATIONS AND SECURITIES

SEC 1: FORGING THE SEAL OF THE GOV’T OF THE PHILIPPINE ART 166: FORGING TREASURY OR BANK NOTES OR OTHER
ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE. DOCUMENTS PAYABLE TO BEARER AND UTTERING THE SAME

ART 161: COUNTERFEITING SEAL OF GOV’T, SIGNATURE AND Acts penalized:

STAMP OF PRESIDENT 1. Forging or falsification of treasury or bank notes or other
documents payable to bearer;
Acts Punished: 2. Importation of the same
1. Forging the: 3. Uttering the same in connivance with forgers or importers;
a. Great Seal of the Gov’t of the Ph;
b. Signature of the President; What may be forged or falsified under Article 166:
c. Stamp of the President. 1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities, payable to bearer.
ART 162: USE OF FORGED SIGNATURE, COUNTERFEIT SEAL OR
STAMP ART 167: COUNTERFEITING, IMPORTING AND UTTERING
1. Seal of the Republic was counterfeited, or Signature or Stamp INSTRUMENT NOT PAYABLE TO BEARER
of the Chief Executive was forged by another person; 1. There be an instrument payable to order or other document of
2. Offender knew of the counterfeiting or forgery; credit NOT payable to bearer;
3. He used the counterfeit seal or forged signature or stamp. 2. Offender either: forged, imported or uttered such instrument;
3. In case of uttering he connived with the importer or forger.
SEC 2: COUNTERFEITING COINS ART 168: ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENTS OF CREDIT
1. Treasury or bank note or certificate or other obligation and
ART 163: MAKING AND IMPORTING AND UTTERING FALSE COINS
securities payable to bearer or any instrument payable to order
1. There be false or counterfeited coins;
or other document of credit not payable to bearer is forged or
2. Offender either: made, imported or uttered such coins;
falsified by another;
3. In case of uttering such false or counterfeited coins
2. Offender knows that any of these instruments is forged or
 He connived with the counterfeiters or importers.
falsified;
3. He performs any of these acts:
ART 164: MUTILATION OF COINSIMPORTATION AND UTTERANCE a. Using any of such forged or falsified instruments; or
OF MUTILATED COINS b. Possession with intent to use, any of the forged or falsified
documents.
Acts punished
1. Mutilating coins of the legal currency, ART 169: HOW FORGERY IS COMMMITTED
 with intent to damage or defraud another; 1. By giving to treasury or bank note or any instrument payable to
2. Importing or uttering such mutilated coins, with the further bearer or to order the appearance of a true and genuine
requirement document;
 There must be connivance with the mutilator or importer 2. Counterfeiting
in case of uttering. Altering
Substituting
ART 165: SELLING OF FALSE OR MUTILATED COIN, WITHOUT Erasing any figures, letters, words or signs contained therein.
CONNIVANCE
Acts Punished Note: Obligation and Security
1. Possession of coin, counterfeited or mutilated by another with - Bonds
intent to utter the same knowing that it is false or mutilated; - Cert of Indebtedness
2. Actually uttering false or mutilated coin - Nat’l Bank Notes
 knowing it to be false or mutilated. - Coupons
- Treasury Notes
- Fractional Notes
Note: - Cert. of Deposits
 False or Counterfeited – if it is forged, or not authorized by the - Bills
gov’t as legal tender - Checks
 Import – bring them into port - Drafts for money, and
 Utter – to pass counterfeited coins - Other representatives of value issued under any Act of
 Mutilation – take off part of the metal either by filing it or Congress
substituting it for another metal of inferior quality. Forgery in Art 169 Forgery in Art 171
Falsification and counterfeiting of Only the act of alteration of public or
treasury or bank notes or any official, commercial or private
instruments payable to bearer or documents, or wireless, or telegraph
order messages
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, F. Making alteration or intercalation in a genuine document
COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, which changes its meaning.
TELEGRAPH AND TELEPHONE MESSAGES 1. There be an alteration or intercalation (insertion) on a
document;
ART 170 FALSIFICATION OF LEGISLATIVE DOCUMENT 2. It was made on a genuine document;
1. There be a bill, resolution or ordinance enacted by or approved 3. Alteration and intercalation has changed the meaning of the
or pending approval by either: document;
- House of the Legislative or 4. The change made the document speak something false
- any provincial board or municipal council;
2. Offender alters the same; G. Issuing in an authenticated form a document purporting to be
3. No proper authority therefor; a copy of an original document when no such original exist or
4. Alteration changed the meaning of the document. including in such a copy a statement contrary to or different
from that of the genuine original.
ART 171 FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR
NOTARY OR ECCLESIASTICAL MINISTER H. Intercalating any instrument or note relative to the issuance in
1. Offender is a: a protocol, registry or official book.
- Public officer,
- Employee or ARTICLE 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF
- Notary public or FALSIFIED DOCUMENTS
- Ecclesiastical minister; Acts punished:
2. He takes advantage of his official position when: 1. Falsification of public, official or commercial document by a
a. He has the duty to make or prepare or otherwise to private individual
intervene in the preparation of the document; OR
b. He has the official custody of the document which he Elements:
falsifies a. Offender is a:
3. Offender falsifies a document. - private individual or
- public officer or employee who did not take advantage of
Different Modes of Falsifying a Document: his official position;
A. Counterfeiting or imitating any handwriting, signature or b. He committed any of the acts of falsification enumerated in Art
rubric. 171 (Pars.1-6);
1. There be an intent to imitate or an attempt to imitate; c. Falsification was committed in a public or official or commercial
2. Two signatures or handwriting, the genuine and the forged document.
bear some resemblance to each other
2. Falsification of private document by any person;
B. Causing it to appear that persons have participated in an act
or proceeding when they did not in fact so participate. Elements:
1. Offender caused it to appear in a document that a person or a. Offender committed any of the acts of falsification
persons participated in an act or proceeding; - Except those in par. 7, enumerated in Art.171;
2. Such persons did not in fact so participate in the act or b. Falsification was committed in a private document;
proceeding. c. Falsification caused damage to a third party or at least the
falsification was committed with the intent to cause damage.
C. Attributing to persons who have participated in any act or
proceeding statements other than those in fact made by them. 3. Use of falsified documents.
1. Persons participated in an act or proceeding;
2. Such person or persons made statements in that act or Elements:
proceeding; a. Introducing in a judicial proceeding:
3. Offender in making a document, attributed to such person, i. Offender knew that the document was falsified by
statements other than those in fact made by such person. another person;
ii. False document was embraced in Art. 171 or in any
D. Making untruthful statements in a narration of facts. subdivision No.1 or 2 of Art. 172;
1. Offender makes in a document statements in a narration of iii. He introduced said document in evidence in any judicial
facts; proceeding.
2. Has the legal obligation to disclose the truth of the facts o No damage is required.
narrated by him;
3. Facts narrated by the offender are absolutely false; b. Use in any other transaction
4. Perversion of truth in the narration of facts was made with the i. Offender knew that the document was falsified by
wrongful intent of injuring a third person. another person;
ii. False document was embraced in Art. 171 or in any of
E. Altering true dates. subdivision No. 1 or 2 of Art. 172;
iii. He used such document (not in judicial proceeding);
iv. Use of the false document caused damage to another or
at least it was used with intent to cause damage.
ARTICLE 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES
Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone messages;
2. Falsifying wireless, telegraph or telephone messages.
Elements:
a. Offender is an:
- officer or employee of the government or an officer or
- employee of a private corporation
 engaged in the service of sending or receiving wireless,
cable or telephone message;
b. He commits any of the above acts.
3. Using such falsified messages.
 With respect to No. 3, Offender need not be connected to
the government or to such corporation.
Elements:
a. Accused knew that wireless, cable, telegraph or telephone
message was falsified by any person specified in 1st par of
Art.173;
b. Accused used such falsified dispatch;
c. Use of the falsified dispatch resulted in the prejudice of a 3rd
party, or that the use was with the intent to cause such
prejudice
Note:
 Document - any written statement by which a right is
established or an obligation extinguished
 Kinds of Document:
a) Public Document – created, executed or issued by a public
official in response to the exigencies of the public service or
in the execution of which a public official intervened.
b) Official Document – Issued by a public official in the exercise
of the functions of his office. (also a pub. Doc)
c) Private Document – 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
d) Commercial Document - any document defined and
regulated by the Code of Commerce
 Private Document is considered Public Document:
1) A deed acknowledged before a notary public is a public
document
2) A private document may acquire the character of a public
document when it becomes part of an official record and is
certified by a public officer duly authorized by law
SECTION FIVE
ART 174 FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATE OF
MERIT OR SERVICE
Persons liable:
1. Physician or surgeon who, in connection with the practice of
profession issued a false certificate;
2. Public officer who issued a false certificate of merit or service,
good conduct or similar circumstances;
3. Private individual who falsified a certificate falling in the classes
mentioned in Nos. 1 and 2.
ART 175 USING FALSE CERTIFICATES
1. False certificate mentioned in the preceding article was
issued;
2. Offender knew that the certificate was false;
3. He used the same.
Note:
Certificate - any writing by which testimony is given that a fact has
or has not taken place.
SECTION SIX
ART 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS
AND IMPLEMENTS FOR FALSIFICATION
Acts punished:
1. Making or introducing into The Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting;
2. Possession with intent to use the instruments or implements
for counterfeiting or falsification made in or introduced into the
Philippines by another person.
CHAPTER TWO: OTHER FALSITIES
SEC 1: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER
USE OF NAMES, UNIFORMS AND INSIGNIA
ART 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
Two offenses contemplated in Art. 177:
1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly misrepresenting oneself to be an officer, agent or
representative of the government, whether local, national or
foreign;
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.

The acts performed must pertain to:

1. The Government
2. Any person in authority
3. Any public officer
ART 178 USING FICTITIOUS NAME AND CONCEALING TRUE NAME
Elements: (using fictitious name)
1. Offender uses a name other than his real name;
2. He uses that fictitious name publicly;
3. The purpose of the offender is to:
a. Conceal a crime;
b. evade the execution of a judgment; Or
c. cause damage to public interest.
Elements: (Concealing true name)
1. Offender conceals:
a. His true name,
b. All other personal circumstances;
2. Purpose is only to conceal his identity.
ART 179. ILLEGAL USE OF UNIFORM OR INSIGNIA
1. Offender makes use of insignia, uniform or dress;
2. The insignia, uniform or dress pertains to an office not held by
the offender or to a class of person of which he is not a
member; and
3. Said insignia, uniform or dress is used publicly and improperly.
Note:
 Fictitious Name – any other name which a person publicly
applies to himself without authority of law
SECTION TWO: FALSE TESTIMONY
ART 180. FALSE TESTIMONY AGAINST A DEFENDANT
1. A criminal proceeding;
2. Offender
 testifies falsely under oath against the defendant;
 who gives false testimony knows that it is false;
3. Defendant against whom the false testimony is given is either:
 acquitted or
 convicted in a final judgment.
Three forms of false testimony
1. False Testimony in Criminal Cases (Art. 180-181)
2. False Testimony in Civil Cases (Art. 182)
3. False Testimony in other cases (Art. 183)
ART 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT
 False testimony in favor of the defendant
 need not directly influence the decision of the acquittal and
it need not benefit the defendant.
 Conviction or acquittal of defendant in principal case is not
necessary.
 A defendant who falsely testifies in his own behalf in a criminal
case can only be guilty of Art. 181
 when he voluntarily goes upon the witness stand and falsely
imputes to some other person the commission of a grave
offense.
 If he merely denies the commission of the crime or his
participation, he should not be prosecuted for false
testimony.
 Testimony must be complete.
ART 182. FALSE TESTIMONY IN CIVIL CASES
1. Testimony must
 be given in a civil case;
 relate to the issues presented in said case;
 be false;
 be given by the defendant knowing it to be false;
 be malicious and given with an intent to affect the issues
presented in said case.
ART 183 PERJURY
Two ways of committing perjury:
1. By falsely testifying under oath;
2. By making a false affidavit.
Elements:
1. Accused made a statement under oath or executed an affidavit
upon a material matter;
2. Statement or affidavit was made before a competent officer
authorized to receive and administer oath;
3. Statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood;
4. Sworn statement or affidavit containing the falsity is required
by law
ART 184. OFFERING FALSE TESTIMONY IN EVIDENCE
1. Offender offered in evidence a false witness or testimony;
2. He knew the witness or testimony was false;
3. Offer was made in a judicial or official proceeding
Note:
 False testimony – is committed by any person who, being
under oath, and required to testify as to the truth of a certain
matter at a hearing before a competent authority, shall deny
the truth or say something contrary to it.
 Relevant – when it tends in any reasonable degree to establish
the probability or improbability of a fact in issue.
 Pertinent – when it concerns collateral matters which make
more or less probable the proposition at issue.
 Oath – any form of attestation by which a person signifies that
he is bound in conscience to perform an act faithfully and
truthfully.
 Affidavit – a sworn statement in writing; a declaration in
writing, made upon oath before an authorized magistrate or
officer.
 Competent person – a person who has a right to inquire into
the questions presented to him upon matters under his
jurisdiction
 Subornation of perjury – is committed by a person who
knowingly and wilfully procures another to swear falsely and he
witness suborned does testify under the circumstances
rendering him guilty of perjury.
 CHAPTER THREE: FRAUDS (Arts. 185-189)
ART 185. MACHI-NATIONS IN PUBLIC AUCTIONS
Acts punishable:
1. Soliciting any gift or promise as a consideration for refraining
from taking part in the public auction;
a. There be a public auction;
b. The Accused solicited any gift or a promise from any of the
bidders;
c. Gift or promise was the consideration for his refraining
from taking part in that public auction.
d. The Accused had the intent to cause the reduction of the
price of the thing auctioned.
2. Attempting to cause bidders to stay away from an auction by
threats, gifts, promises or any artifice.
a. There be a public auction;
b. The accused attempted to cause the buyers to stay away
from that public auction;
c. It was done by threats, gifts, promises or any other artifice.
d. The accused had the intent to cause the reduction of the
price of the thing.
ART 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF
TRADE
Acts punishable:
1. Combination or conspiracy to prevent free competition in
market.
 By entering into any contract or agreement or taking part
in any conspiracy or combination in the form of a trust or
otherwise, in restraint of trade or commerce or to prevent
by artificial means free competition in the market.
2. Monopoly to restrain free competition in market.
 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
to alter the prices thereof by spreading false rumors or
making use of any other artifice to restrain free
competition in the market.
3. Making transactions prejudicial to lawful commerce or to
increase the market price of merchandise.
 The person liable is the:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or object of commerce.
The crime is committed by:
(1) combining,
(2) conspiring, or
(3) agreeing with any person.
The purpose is to:
(1) Make transactions prejudicial to lawful commerce, or
(2) Increase the market price of any merchandise or object of
commerce manufactured, produced, processed, assembled or
imported into the Philippines.
Note:
 Bid Cover - occurs when individuals or firms agree to submit
bids that involve at least one of the ff:
a) A competitor agrees to submit a bid that is higher than the
bid of the designated winner
b) A competitor submits a bid that is known to be too high to
be accepted
c) A competitor submits a bid that contains special terms
that are known to be unacceptable to the purchaser.
 Cover Bidding – is designed to give the appearance of
genuine competition
 Bid-Suppression – schemes involve agreements among
competitors in which one or more companies agree to refrain
from bidding or to withdraw a previously submitted bid so that
the designated winner’s bid will be accepted; It means that a
company does not submit a bid for final consideration
 Bid Rotation - schemes, conspiring firms continue to bid, but
they agree to take turns being the winning bidder.
 Market Allocation - competitors carve up the market and
agree not to compete for certain customers or in certain
geographic areas.
 Agreement - Any type or form of contract, arrangement,
understanding, collective recommendation, or concerted
action, whether formal or informal, explicit or tacit, written or
oral.
 Entity – Any person, natural or juridical, sole proprietorship,
partnership, combination or association in any form, whether
incorporated or not, domestic or foreign, including those
owned or controlled by the gov’t, engaged directly or indirectly
in any economic activity.
 Control – Ability to substantially influence or direct the actions
or decisions of an entity, whether by contract, agency or
otherwise.
SEC 2: FRAUDS IN COMMERCE AND INDUSTRY
ART 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER OR OTHER
PRECIOUS METALS OR THEIR ALLOYS
Articles or merchandise involved:
2. Gold,
3. Silver,
4. Other precious metals, or
5. Their alloys.
Elements:
1. That the offender imports, sells or disposes any of those
articles;
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;
3. That the offender knows that the stamps, brands, or marks fail
to indicate the actual fineness or quality of said metal or alloy.
ART 188 SUBSTITUTING AND ALTERING TRADEMARKS, TRADE-
NAMES, OR SERVICE MARKS

Acts Punishable:
1. By:
a) Substituting the trade name or trademark of some other
manufacturer or dealer, or a colourable imitation, for the
trade name or trademark of the real manufacturer or
dealer upon any article of commerce; and
b) Selling the same
2. By selling or by offering for sale such articles of commerce,
knowing that the trade name or trademark has been
fraudulently used.
3. By using or substituting the service mark of some other person,
or a colourable imitation of such mark, in the sale or advertising
of his services.
4. By printing, lithographing or reproducing trade name,
trademark, or service mark of one person, or a colourable
imitation, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be
used.

ART 189 UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF

TRADE NAME, TRADEMARK, OR SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN AND FALSE DESCRIPTION

Acts punished:
1. Unfair Competition - By selling his goods, giving them the
general appearance of the goods of another manufacturer or
dealer
2. Fraudulent designation of origin or False description, by:
a) Affixing to his goods or using in connection with his
services a false designation of origin, or any false
description or representation; and
b) Selling such goods or services
3. Fraudulent Registration – By procuring fraudulently from the
patent office the registration of trade name, trademark or
service mark.