rticle !/1. Illegal use of uniforms or insignia
Title Four CRIMES AGAINST PUBLIC INTEREST Chapter One. Forgeries Section One – Forging the seal of the Government of the the Philippine Philippine Islands, the signature or stamp of the Chief Executive rticle !"!. Counterfeiting the great seal of the Government of the Philippines rticle !"#. $sing forged signature signature or counterfeiting seal or stamp Section %&o – Counterfeiting coins rticle !"'. (a)ing and importing and uttering false coins rticle !"*. (utilation of coins, coins, importation and uttering of mutilated coins rticle !"+. Selling of false or mutilated coins, &ithout connivance Sectio Section n %hree %hree – Forgin Forging g treasu treasur r or -an) -an) notes, notes, o-ligations and securities importing and uttering false or forged notes, o-ligations and securities rticle !"". Forging treasur or -an) notes or other docume documents nts paa-l paa-le e to -earer -earer,, import importing ing and utte utteri ring ng of such such fals false e or forg forged ed note notess and and documents rticle !"/. Counterfeiting, importing and uttering instruments not paa-le to -earer rticle !"0. Illegal possession and use of forged treasur or -an) notes and other instruments of credit rticle !"1. 2o& Forger is committed. committed.
Sectio Section n Four Four – Fals Falsif ifica icatio tion n of legi legisla slativ tive, e, pu-l pu-lic, ic, commercial and private documents, and &ireless, telegraph and telephone messages rticle !/3. Falsification of legislative documents rticle !/!. Falsification - pu-lic officer, emploee or notar rticle !/#. Falsification - private individuals and use of falsified documents rticle !/'. Falsification of &ireless, ca-le, telegraph and telephone messages and use of said falsified messages Sectio Section n Five – Falsi Falsific ficati ation on of medica medicall certific certificate ates, s, certificates of merit or service, and the li)e rticle !/*. False medical certificates, false certificates of merit or service rticle !/+. $sing false certificates certificates Section Six – (anufacturing, importing and possession of instr instrume uments nts or imple implemen ments ts intend intended ed for the commission of falsification rticl rticle e !/". (an (anufa ufactur cturing ing and posses possessio sion n of instruments or implements for falsification
Chapter Two. Other Falsities Sectio Section n One – $surpa $surpatio tion n of author authorit it,, ran), ran), title title and improper use of names, uniforms and insignia rticle !//. $surpation of authorit or official functions rticle rticle !/0. $sing $sing fictitious fictitious name and concealing concealing true name
Section %&o – False testimon rticle !03. False testimon against against a defendant rticle !0!. False testimon favora-le to the defendant rticle !0#. False testimon in civil cases rticle !0'. False testimon in other cases and per4ur rticle !0*. Offering false testimon in evidence Chapter Three. Frauds Section One – (achinations, monopolies, and com-inations rticle !0+. (achinations in pu-lic auction rticle !0". (onopolies and com-inations in restraint of trade Section %&o – Frauds in commerce and industr rticle rticle !0/. Importatio Importation n and disposit disposition ion of falsel falsel mar)ed mar)ed articles articles or merchandis merchandise e made of gold, gold, silver, or other precious metals or their allos rticle !00. Su-stituting and altering trade mar)s and trade names or service mar)s rticl rticle e !01. !01. $nfair $nfair compet competiti ition on and fraudu fraudulen lentt regist registrat ration ion of trade trade mar) mar) or trade trade name, name, or service mar) fraudulent designation of origin, and false description
%he crimes in this title are in the nature of fraud or falsit to the pu-lic. %he essence of the crime under this title is that &hich defraud the pu-lic in general. %here is deceit deceit perpetrated perpetrated upon upon the pu-lic. %his is the act that is -eing punished under this title.
Artile !"!. Cou#ter$eiti#% Cou#ter$eiti#% the Great Seal o$ the Go&er# Go&er#'e 'e#t #t o$ the Philip Philippi# pi#e e Isla#d Isla#ds( s( For%i#% the Si%#ature or Sta'p o$ the Chie$ E)euti&e cts punished !. #. '.
Forgin Forging g the the great great seal seal of of the Govern Governmen mentt of the the Philippines Forgin Forging g the the signa signatur ture e of the Presid President ent Forgin Forging g the the stam stamp p of the Presid President ent..
5hen 5hen in a State State docume document, nt, the signat signature ure of the President is forged, the crime is not falsification of pu-lic document. It is forging the signature of the Chief executive. %he Signature of the Chief executive must -e forged. If Chie Chieff Exec Execut utive ive left left &ith &ith his his secr secret etar ar a signat signature ure in -lan) -lan) and a docume document nt is &ritte &ritten n a-ove it, the crime is not under rt. !"! -ut Falsification - pu-lic officer or private individual under rt. !/! or !/#.
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Artile !"*. Usi#% For%ed Cou#ter$eit Cou#ter$eit Seal or Sta'p
Si%#ature or
Elements !. %he grea greatt seal seal of the 6epu-l 6epu-lic ic &as &as counte counterfe rfeite ited d or the signature signature or stamp of the Chief Executive Executive &as forged - another person #. Offend Offender er )ne& )ne& of the the count counterf erfeit eiting ing or or forger forger '. 2e used used the the counte counterfe rfeit it seal seal or forg forged ed signa signatur ture e or stamp. Offender under this article should not -e the forger. Other&ise, it &ould fall under rt !"!.
goes goes into into circ circul ulat atio ion n agai again, n, (+* (+* the the dang danger er of a coun counte terf rfei eite terr stay stayin ing g with within in the the coun countr try y (he (he may may counterfeit counterfeit coins in actual circulation circulation and (* collectors will be defrauded.
Artile !"-. !"-. Mutilatio# o$ Coi#s cts punished !.
#.
Artile !"+. Ma,i#% a#d I'porti#% a#d Utteri#% False Coi#s Elements !. %here %here -e -e false false or coun counter terfeit feited ed coin coins s #. Offend Offender er eithe eitherr made, made, impor imported ted or or uttere uttered d such such coins '. In case case of utte utteri ring ng such such false false or counte counterf rfei eite ted d coins, coins, he connive connived d &ith &ith the counte counterfe rfeite iters rs or importers. 7inds of coins the counterfeiting of &hich is punished !. #. '.
Silv Silver er coin coinss of the the Phil Philip ippi pine ness or coin coinss of the Central 8an) of the Philippines Coins Coins of of the minor minor coin coinag age e of the Philip Philippi pine ness or of the Central 8an) of the Philippines Coin of the the curr currenc enc of a forei foreign gn coun countr tr..
5hen is a coin false or counterfeited9 if it is forged if it is not authori:ed - government as legal tender if it is a spurious cop ;imitation of the design of a genuine coin< Importation means -ringing into port. Importation is complete -efore entr at the Customs 2ouse. $ttering $ttering is passing passing counterfeite counterfeited d coins. coins. It includes includes their deliver or the act of giving them a&a. Former Former coins coins &ithdra &ithdra&n &n from from circul circulati ation on ma -e counterfeited under this article.
(util (utilat atin ing g coins coins of the legal legal curre currenc nc, , &ith &ith the furthe furtherr re=uir re=uireme ements nts that that there there -e intent intent to damage or to defraud another Import Importing ing or or utterin uttering g such such mutilat mutilated ed coins coins,, &ith the the furt furthe herr re=u re=uir irem emen entt that that ther there e must must -e conniv connivanc ances es &ith &ith the mutila mutilator tor or import importer er in case of uttering.
(utilation means to ta)e off part of the metal either - filing it or su-stituting it for another metal of inferior =ualit. %he coin must -e of legal tender in mutilation. Coins of foreign countr not included. Reuisites o$ 'utilatio# u#der the RPC ;!< Coin mutilated mutilated is is of legal tender tender ;#< ;#< Offe Offend nder er gain gainss from from the the prec precio ious us meta metall dust dust a-stracted from the coin and ;'< ;'< It has has to to -e a coin. coin. Preside#tial /eree No. *-0 Prohi1iti#% a#d Pe#ali2i#% /e$ae'e#t( Mutilatio#( Teari#%( Bur#i#% or /estro3i#% Ce#tral Ba#, Notes a#d Coi#s It shall shall -e unla&f unla&ful ul for an person person to &illf &illfull ull deface deface,, mutilate, tear, -urn, or destro in an manner &hatsoever, urre#3 #otes a#d oi#s issued oi#s issued - the Central 8an). n person &ho shall violate this >ecree shall, upon conviction, -e punished - a fine of not more than t&ent thousand pesos and?or - imprisonment of not more than five ears.
(utila (utilation tion under under the 6PC 6PC is true onl to coins. coins. It cannot -e a crime under the 6PC to mutilate paper -ills -ecause the idea of mutilation under the code is collecting collecting the the precious precious metal metal dust. 2o&ever, 2o&ever, under P> #*/, mutilation is not limited to coins.
People vs. Kong Leon Kong Leon, a goldsmith, was selling illegally fabricated US dollar coins which are already withdrawn from circulation. Several unfinished coins were found by the police in his shop and pockets. HEL! "hen #$% was enacted, the Spanish te&t was the one approv approved. ed. 'hus it contro controls ls the interpr interpreta etatio tion n of prov provis isio ions ns.. 'here 'herefo fore re,, unde underr Spani Spanish sh $ena $enall %ode %ode,, fabrication of coin withdrawn from circulation is punishable because of ()* the harm it caused to the public when it
Artile !"4. Selli#% o$ False or Mutilated Coi#( without Co##i&a#e cts punished !.
Posses Possessio sion n of coin, coin, counter counterfei feited ted or mutil mutilate ated d - another person, &ith intent to utter the same, )no&ing that it is false or mutilated
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Elements Possession 5ith intent to utter and 7no&ledge. #.
ctu ctual all l utteri uttering ng such such fals false e or mutil mutilat ated ed coin, coin, )no&ing the same to -e false or mutilated. Elements ctuall uttering and 7no&ledge.
Possession of or uttering false coin coin does not re=uire re=uire that the counterfeited coin is legal tender. Posses Possessio sion, n, ether ether actual actual or constr construct uctive, ive, of the coun counte terf rfei eite terr or impo import rter er is not not puni punish shed ed as a separate offense.
Artile !"". For%i#% Treasur3 or Ba#, Notes or Other /ou'e#ts Pa3a1le to Bearer5 I'porti#% a#d Utteri#% Suh False or For%ed Notes a#d /ou'e#ts cts punished !. #. '.
Forgin Forging g or falsi falsific ficati ation on of treas treasur ur or -an) -an) note notess or other documents paa-le to -earer Import Importati ation on of such such false false or forge forged d o-liga o-ligatio tions ns or notes $tte $tteri ring ng of such such false false or forg forged ed o-lig o-ligat atio ions ns or note notess in conn conniv ivan ance ce &ith ith the the forge orgers rs or importers.
Importation means to -ring them into the Phils &hich presupposes that the o-ligations or notes are forged or falsified in a foreign countr. $ttering meand offering o-ligations or notes )no&ing them them to -e fals false e or forg forged ed 5O@ 5O@ such such offe offerr is accepted &ith a representation - &ords or action thatAs that the are genuine and &ith an intent to defraud. $tteri $ttering ng forged forged -ills -ills must must -e &ith &ith conniva connivance nce to constitute a violation of rt. !"". @otes and other o-ligations and securities that ma -e forged or falsified under rt !"" areB treasur or -an) notes certificates, and other other o-liga o-ligation tionss and securi securitie tiess paapaa-le le to -earer Penalties depend on the )ind of forged treasur or -an) notes or other documents
o-ligation?securit issued - 6P circ circul ulat atin ing g note note issu issued ed - an an -an) -an)in ing g institution institution dul authori:ed authori:ed - la& to issue the same document issued - foreign govAt circulating note or -ill issued a foreign -an) dul authori:ed to issue the same. P@8 chec)s are commercial documents not covered - rt !"".
Artile !"0. Cou#ter$eiti#%( Cou#ter$eiti#%( I'porti#%( a#d Utteri#% I#stru'e#ts Not Pa3a1le to Bearer Elements %here %here is an instru instrumen mentt paa-l paa-le e to order order or other other documents of credit not paa-le to -earer Offend Offender er either either forged forged,, import imported ed or uttere uttered d such such instrument In case of uttering, he connived &ith the forger or importer. pplication of rt !"/ is limited to instruments paa-le to order. 8ut it covers instruments or other documents of credit issued - a for foreign government or -an). Connivance is not re=uired in uttering if the utterer is the forger,
Artile !"6. Ille%al Possessio# a#d Use o$ False Treasur3 or Ba#, Notes a#d Other I#stru'e#ts o$ Credit Elements !. n treasu treasur r or -an) -an) note note or or certif certifica icate te or other other o-ligation and securit paa-le to -earer, or an instrument paa-le to order or other document of cred credit it not not paa paa-l -le e to -ear -earer er is forg forged ed or falsified - another person #. Offend Offender er )no&s )no&s that that an an of thos those e instru instrumen ments ts is forged or falsified '. 2e either a. uses an of such forged or falsified instruments or -. poss posses esse sess &ith &ith inte intent nt to use an an of such such forged or falsified instruments. Inte Intent nt to pos possess sess is not not inte intent nt to use. se. (ere (ere possession alone is not a criminal offense. It must -e &ith intent to use. %he conduct of the accused is considered to esta-lish )no&ledge of forger. person in possession of falsified document and &ho ma)e ma)ess use use of the the same same is pres presum umed ed to -e the material author of falsification. ccused has the -urden to give satisfactor explanation of his possession of forged -ills.
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5hen an act performed &ould have -een a crime of illegal possession of false treasur note, it cannot -e an impo imposs ssii-le le crim crime e -eca -ecaus use e forg forgin ing g or falsificatio falsification n of treasur notes is neither neither an offense against against persons persons nor an offense offense against against propert propert under rt *;#< -ut one case held other&ise. Bar 7uestio#s False Notes5 Ille%al Possessio# 8!999: ! Is mere possession of false mone -ills punisha-le under rticle !"0 of the 6evised 6evised Penal Code9 Explain. Explain. ;'D< # %he accused &as caught in possession of !33 counterfeit P#3 -ills. 2e could not explain ho& and &h he possessed the said -ills. @either could he explain &hat he intended to do &ith the fa)e -ills. Can he -e held criminall lia-le for such possession9 >ecide. ;'D SUGGESTE/ ANS;ER< ! @o. Possession of false treasur or -an) note alone &ithout an intent to use it, is not punisha-le. 8ut the circumstances of such possession ma indicate intent to utter, sufficient to consummate the crime of illegal possession of false notes. # es. 7no&ledge that the note is counterfeit and intent to use it ma -e sho&n - the conduct of the accused. So, possession of !33 false -ills revealB ;a< )no&ledge that the -ills are fa)e and ;-< intent to utter the same.
Artile !"9. !"9. =ow $or%er3 is o''itted o''itted 8 givi giving ng to a trea treasu sur r or -an) -an) note note or an an inst instru rume ment nt paa paa-l -le e to -ear -earer er or to orde orderr mentioned therein, the appearance of a true and genuine document #. 8 erasi rasing ng,, su-s u-stitu tituti ting ng,, coun counte terf rfei eiti tin ng, or altering - an means the figures, letters, &ords, or sign contained therein. Forger includes falsification and counterfeiting. Giving chec)s the appearance of true and genuine document is forger. (ere change on a document does not amount to this crime. %he essence of of forger is giving giving a document the appearance of a true and genuine document.
Del Rosario vs. People el #osario was shown by the accused a $) bill and a $+ bill inducing him to believe that the bills were counterfeited when they were in fact genuine treasury notes. -ne of the digi digits ts of each each bill bill was was alte altere red d to make make it appe appear ar counterfeited. Held! Held! 'he possess possession ion of genuine genuine treasu treasury ry notes of the $hils, $hils, where any of the figures, figures, letters, letters, words words or signs signs contained contained therein had been erased andor altered, altered, with knowledge knowledge of such erasurealter erasurealteration, ation, and with intent intent to use such notes in enticing another to advance funds for the purpose of financing the manufacture of counterfeit notes is punishable by /rt. )01 in relation to /rt )02 ()*.
People vs. Galano
3alano bought 4 balut eggs with a $) bill with the word 5victory6 written on it. 'he $) bill had been withdrawn from circulation. 7t is however redeemable at face its face value if presented to the %entral 8ank. Held! 'he forgery committed committed falls under /rt /rt )02()* where where the treasury note by the addition of the word 5victory6 was given the appearance of a true and genuine document. 'his provision also covers the situation where originally true and genuine documents have been withdrawn or demoneti9ed were made to appear a true legal tender.
Artile !0>. /ou'e#ts
Falsi$iatio#
o$
Le%islati&e
Elements !. %here %here is a -ill, -ill, resol resolutio ution n or ordin ordinanc ance e enacte enacted d or approved or pending approval - either 2ouse of the the egi egisl slat atur ure e or an an prov provin inci cial al -oar -oard d or municipal council #. Offe Offend nder er alte alters rs the the sam same e '. 2e has no proper proper author authorit it theref therefor or *. %he %he altera alteratio tion n has chang changed ed the mean meanin ing g of the documents. %he &ords Hmunicipal councilH should include the cit council or municipal -oard. %he -ill, resolution or ordinance must -e genuine. %he offend offender er is an person person,, privat private e individ individual ual or pu-lic officer, &ho has no authorit to ma)e the alteration. %he act of falsif falsifica icatio tion n in legisla legislativ tive e docume document nt is limited to altering it &hich changes its meaning. >istinction -et&een falsification and forgerB Falsification is the commission of an of the eight acts mentioned in rticle !/! on legislative ;onl the act of ma)ing alteration<, pu-lic or official, commercial, or privat private e docume documents nts,, or &irele &ireless ss,, or telegr telegraph aph messages. %he term forger as used in rticle !"1 refers to the falsificatio falsification n and counterfeit counterfeiting ing of treasur treasur or -an) notes or an instruments paa-le to -earer or to order. @ote that forging and falsification are crimes under Forgeries.
Artile !0!. Falsi$iatio# 13 Pu1li O$$ier( E'plo3ee or Notar3 or Elesiastial Mi#ister Elements !. Offend Offender er is a pu-l pu-lic ic office officer, r, emplo emploee ee,, or notar notar pu-lic #. 2e ta)es ta)es adva advanta ntage ge of his his offic official ial posi position tion '. 2e falsi falsifies fies a docume document nt - comm committ itting ing an an of the the follo&ing actsB a. Counterfeiting or imitating an hand&riting, signature or ru-ric C2005 Criminal Law 2 Reviewer 34
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*.
Caus Causin ing g it to appe appear ar that that pers person onss have have partic participa ipated ted in an act or procee proceedin ding g &hen the did not in fact so participate c. ttri-uting to persons &ho have partic participa ipated ted in an act or procee proceedin ding g stat statem emen ents ts othe otherr than than thos those e in fact fact made - them d. (a)ing ing untruthful statements in a narration of facts e. lte lteri ring ng true true date dates s f. (a)in (a)ing g an an alter alterat atio ion n or inte interc rcal alat ation ion in in a genuine document &hich changes its meaning g. Issuing in an authenticated for form a document purporting to -e a cop of an original document &hen no such original exists exists,, or includ including ing in such such a cop cop a statement contrar to, or different from, that of the genuine original or h. Inte Interc rcal alat atin ing g an an inst instru rume ment nt or note note rela relati tive ve to the the issu issuan ance ce ther thereo eoff in a protocol, registr, or official -oo). In case case the offen offender der is an an eccles ecclesias iastica ticall ministe ministerr &ho &ho shall commit an of the offenses enum enumer erat ated ed,, &ith &ith resp respec ectt to an an reco record rd or document of such character that its falsification ma affect the civil status of persons.
Even Even if the the offe offend nder er is a pu-l pu-lic ic offi office cerr -ut -ut the the falsification committed - him is upon a document &hic &hich h does does not not pert pertai ain n to his his offi office ce,, it &as &as committed &ithout a-use of his office. %hus it &ill not fall under rt !/! -ut rt !/#. private person &ho cooperates &ith a pu-lic officer in the falsif falsifica icatio tion n of pu-lic pu-lic docume documents nts is guilt guilt under under rt !/! and incurs incurs the same lia-il lia-ilit it and penalt as the pu-lic officer as there is conspirac. (ust there -e a genuine document in falsification9 Par. ", / in its # nd part and 0 of rt !/!, the la& re=uires that there -e a genuine document &here the inte interc rcal alat atio ion n or alte altera rati tion on is made made chan changi ging ng its meaning. in other paragraphs, of rt !/!, falsification ma -e comm commit itte ted d - simu simula lati ting ng or fa-r fa-ric icat atio ion n a document. In
Counterfeiting and Feigning In Counte Counterfe rfeitin iting, g, there there must must -e ;!< an intent intent or attempt to imita itate and ;#< ;#< that the t&o signat signature ures?ha s?hand& nd&rit riting ings, s, the genuin genuine e and the forged, -ear some resem-lance to each other. In feig feign ning, ing, the there is no orig origin inal al signa ignatu ture re,, hand&riting, or ru-ric -ut a forger of a signature, hand&riting or ru-ric that does not exist. (a)ing untruthful statements in a narration of facts %here must -e a narration of facts not of conclusion of la& and there must -e a legal o-ligation on the
part of the accused to disclose the truth of the facts narrated. %he narration of facts must -e a-solutel false and the person ma)ing such narration must -e a&are of the falsit of the facts narrated - him. %he perversion of truth in the narration of facts must -e made &ith the &rongful intent of in4uring a third pers person on.. If the the docu docume ment nt fals falsif ifie ied d is a pu-l pu-lic ic document, &rongful intent is not essential. %here is no falsification - one &ho acted in good faith. %he %he fact fact that that oneA oneAss cons consen entt to a cont contra ract ct &as &as o-tained - means of violence does not ma)e the facts narrated therein false. egal o-ligation to disclose the truth is inherent in residence certificate. %here can -e a falsification - omission ;P v >i:on<. ltering %rue >ates >ate must -e essential. ltering dates in official receipts to prevent the discover of malversation is falsification. (a)ing alteration or intercalation lteration &hich spea)s the truth is not falsification. %he alteration must affect the integrit or change the effects of the documents. ltering the grades in examination papers involves several acts of falsification. ;see P v 6omualde:< Artile !0*. Falsi$iatio# 13 Pri&ate I#di&idual a#d Use o$ Falsi$ied /ou'e#ts cts punished !. #. '.
Fals Falsif ific icat atio ion n of pu-l pu-lic ic,, offi offici cial al or comm commer erci cial al document - a private individual Falsif Falsifica icatio tion n of privat private e docume document nt - an an perso person n $se $se of of fals falsif ifie ied d doc docum umen ent. t.
Elements under paragraph ! !. Offend Offender er is a priva private te indivi individua duall or pu-lic pu-lic offic officer er or emplo emploee ee &ho did not ta)e advant advantage age of his official position 2e committed an act of falsification under rt !/! '. %he %he fals falsif ific icat atio ion n &as &as comm commit itte ted d in a pu-l pu-lic ic,, offici official, al, or commer commercia ciall docume document nt or letter letter of exchange. %here are four )inds of documentsB ;!< ;!< PuPu-lic lic do docume cument nt in the the exe execu cuti tion on of &hic &hich, h, a person person in author authorit it or notar notar pu-lic pu-lic has ta)en part ;#< ;#< Offi Offici cial al docu docume ment nt in the the exec execut utio ion n of &hic &hich ha pu-lic official ta)es part ;'< Commercial document or an document recogni:ed - the Code of Commerce or an commercial la& and
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;*< ;*<
Priv Privat ate e doc docu ument ment in the the exe execu cuti tion on of &hi &hicch onl private individuals ta)e part.
@O%EB Private document ma ac=uire the character of a pu-lic pu-lic document document &hen it -ecomes -ecomes part of of an official record and is certified - a pu-lic officer dul authori:ed - la&.
Pu-lic document is -roader than the term official document. 8efore a document ma ma -e considered official, it must first -e a pu-lic document. 8ut not all pu-lic pu-lic documents documents are are official official documents. documents. %o -ecome an official document, there must -e a la& &hich re=uires a pu-lic officer to issue or to render such document. ExampleB cashier is re=uired to issue an official receipt for the amount he receives. %he official receipt is a pu-lic document &hich is an official document. Cash dis-ursement dis-ursement vouchers vouchers are not commercia commerciall documents. (ere (er e -lan) -lan) forms forms of an offici official al docume document nt is not itself a document. It is necessar that the -lan) spaces spaces -e filled filled and the signatur signature e of the part authori:ed to issue it -e &ritten - another in the counterfeited instrument. %he possessor of a falsified document is presumed to -e the the auth author or of the the fals falsif ific icat atio ion. n. 8ut 8ut this this presumption is not applied &here the evidence is extremel dou-tful. >amage or intent to cause damage is not necessar as the principal thing punished is the violation of pu-lic faith and destruction of truth. ac) of malice or criminal intent is a defense in falsification of pu-lic document.
Elements under paragraph # Offender committed an of the acts of falsification exce except pt rti rticl cle e !/!;/ !/!;/<, <, that that is, is, issu issuing ing in an authenticated form a document purporting to -e a cop of an original document &hen no such origin original al exists exists,, or includ including ing in such such a cop cop a statement contrar to, or different from, that of the genuine original Falsification &as committed in an private document Falsification causes damage to a third part or at least the falsif falsifica icatio tion n &as commit committed ted &ith &ith intent intent to cause such damage.
(ere falsification of pu-lic document is not enough as it is necessar that it must cause damage to a third person or must -e committed &ith intent to cause such damage. It is also not necessar that the offender profited or hoped to profit - the falsification.
5hen 5hen the falsif falsifica icatio tion n is a necess necessar ar means means to comm commit it anot anothe herr crim crime, e, the the t&o t&o crim crimes es form form a comp comple lex x crim crime e unde underr rt. rt. *0. *0. @ote @ote that that the the document falsified as a necessar means must -e pu-lic, official or commercial. a. -. c. d. e.
(alver (alversat sation ion throu through gh falsi falsific ficati ation on of pu-li pu-licc documents Estafa Estafa throug through h falsif falsifica icatio tion n of a pu-lic pu-lic document. Estafa Estafa thro through ugh fals falsifi ificat cation ion of of a comme commerci rcial al document - rec)less imprudence %heft %heft throu through gh falsi falsific ficatio ation n of offic official ial document. ttemp ttempted ted esta estafa fa throu through gh falsi falsific ficati ation on of pu-lic or official documents.
%her %here e is no comp comple lex x crime crime of esta estafa fa thro throug ugh h falsifi falsificat cation ion of a privat private e docume document nt -ecaus -ecause e the imme immedia diate te effe effect ct of fals falsif ific icat atio ion n of a priv privat ate e document is the same as that of estafa. If a private document is falsified to o-tain from the offe offend nded ed part part the the mone mone or othe otherr pers person onal al propert &hich the offender later misappropriated, the crime crime committ committed ed is falsif falsifica icatio tion n of privat private e document onl. If a private document is falsified to conceal the misappropriation of the mone or other personal propert &hich has -een in the possession of the offender, the crime committed is estafa &ith a-use of confidence onl. If estafa &as alread consummated at the time of the falsific falsificati ation on of a privat private e docume document nt or if the falsification &as committed to for the purpose of concealing estafa, the falsification is not punisha-le as -ecause as regards the falsification, there &as no damage or intent to cause damage. %her %here e is no fals falsif ific icat atio ion n thro throug ugh h rec) rec)le lesss impr imprud uden ence ce if the the docu docume ment nt is priva private te and and no actual damage is caused. %he crime is falsification of a pu-lic document, even if the falsifi falsificat cation ion too) too) place place -efore -efore the privat private e document -ecomes part of the pu-lic records, if the document is intended - la& ro -e part of the pu-lic or official record. Gene Genera rall ll,, fals falsif ific icat atio ion n has has no atte attemp mpte ted d or frustr frustrate ated d stage. stage. 8ut there there ma -e a frustr frustrate ated d falsification if the falsification is imperfect. ;6ees<
Falsi$iatio# Falsi$iatio# o$ a Pu1li dou'e#t (ere (ere fals falsif ific icat atio ion n is enou enough gh Committed - an of the 0 means under rt !/! Principal Principal thing punished punished is violation of pu-lic faith and des destruct ructiion of trut ruth as therein solemnl proclaimed
Falsi$iatio# Falsi$iatio# o$ a Pri&ate dou'e#t Pre4 Pre4ud udic ice e to ' rd person person or intent to cause it is enough Cannot -e committed - the &as in par / 0 of rt !/!
C2005 Criminal Law 2 Reviewer 36
Elements under the last paragraph In introducing in a 4udicial proceeding Offender )ne& that the document &as falsified 1 - another person %he false document is in rticles !/! or !/# ;! or 2 #< 2e introdu introduced ced said docume document nt in eviden evidence ce in an 4udicial proceeding. In use in an other transaction Offender )ne& that a document &as falsified - another person %he false document is em-raced in rticles !/! 2 or !/# ;! or #< 2e used such document 3 %he use caused damage to another or at least used &ith intent to cause damage.
#omualde9, the secretary of ;ustice #omualde9, changed the grade of bar e&aminee, e&aminee,
1
>ama >amage ge is not not nec necessa essarr in the the crim crime e of introducing in 4udicial proceeding a false document. $se of falsified document in a proceeding &hich is not 4udicial 4udicial is re=uir re=uires es at least least intent intent to cause cause damage. If the one &ho used the falsified document is the same sam e person person &ho falsif falsified ied it, the crime is onl onl fals falsif ific icat ation ion and the the use use of the the same same is not not a separate crime. $se of false document is not necessaril included in the crime of falsification. %he user of the falsified document is deemed the author of the falsification if the use &as so closel connected in time o &ith the falsification, and the user had the capacit of falsifing the o document.
Beradio &s. CA 8eradi 8eradio o is the lawyer lawyer and electi election on regist registrar rar accused accused of falsifying her daily time record, a public document. Her daily time record shows she was at the office 1am>?pm when in fact she went to court. HEL! HEL! 8eradio 8eradio belongs belongs to a class class of office officers rs who are e&empt from keeping and submitting daily time records. @o criminal intent to commit falsification can be imputed to her when she subm submits its her time time reco record rd not not as a legal legal obliga obligatio tion n but as a matter matter of practi practice. ce. 'he entrie entriess she made contain a color of truth and no damage was caused to the govAt or a third party.
Luague vs. C# Luague, a widow, signed her husbandAs name on the salary checks checks with with the knowled knowledge ge of her deceas deceased ed husban husbandAs dAs supervisor. She encashed the same and use it to pay debts incurred for the illness and death of her husband. HEL HEL!! 'her 'here e was was no esta estafa fa thru thru fals falsif ific icat atio ion n of a commercial document. @o damage was incurred against the government as the deceased employee deserved the salary his wife availed of. Even if there was falsification when she signed for her husband, this was done with the knowledge of her deceased husbandAs supervisor that the husband was indeed dead. (Reeza’s (Reeza’s dad in the RTC ruled otherwise *
Caubang vs. People 12 /ccuse /ccused d was organi organi9in 9ing g the merger merger of two stevedo stevedorin ring g companies. /mong the documents presented and filed with the the SE% SE% for for the regi registr strati ation on of the the comp compan any y was was a Statement of /ssets and Liabilities (S/L* of the company. 'his had the signature of the treasurer: but this signature was forged. HEL! /ccused guilty of falsification of public documents. 7n the absence of contrary proof, the accused who filed all the documents with the SE%, is presumed to have also filed the forged S/L. /nd thus since his possession of the forged instrument instrument is presumed, presumed, it is also presumed presumed from this fact that he is the forger of the document. 7t is immaterial that the entries in the S/L were true, the important thing is that the signature of the treasurer was forged. "hat is punished in this crime is the violation of the faith in public documents and the destruction of the truth in making it appear that a person did something when in fact he did not: damage is not essential.
People vs. Romual!e"
Cabigas vs. People %abigas, a securities custodian of Landbank, was convicted of falsification when he changed the entry of the figure of treasury bills from )?2 to )? pieces in the aily #eport of Securitiesocum Securitiesocuments ents under %ustody %ustody (# SU%* for the purpose of hiding the loss of 0 treasury bills in his custody. HEL! S% ac=uitted him since the elements of /rt )B)(4* were not present. 'he correction of the figure from )?2 to )? pieces to conform to the actual pieces of treasury notes in custody is not falsification since it was made to speak the truth. /lso, the #SU% is a form purely devised and adopted by %abigas and was never re=uired thus he was not legally obligated obligated to disclose disclose or reveal the truth in that document. 7n the absence of legal obligation, there can be no falsification.
People vs. $en!a%!iego Senda Sendayd ydie iego go,, a prov provin inci cial al trea treasu sure rer, r, used used 0 forg forged ed provincial vouchers to embe99le from the road and bridge
C2005 Criminal Law 2 Reviewer 3&
fund. '% convicted them of malversation thru falsification of public document. HEL! HEL! S% held that the crimes committed committed are separa separate te crimes of malversation and falsification because in the 0 vouc voucher hers, s, the fals falsif ific icat atio ion n was was used used to conc concea eall the the malve malvers rsat atio ion. n. Each Each falsi falsifi fica catio tion n and and malv malver ersa sati tion on constituted constituted independent independent offenses offenses which must be punished punished separately.
$i'uian vs. People Si=uian, a municipal mayor, appointed a clerk and signed the latterAs appointment papers which stated that there was such a positi position on availa available ble and that that funds funds for this position was available. However, no such position and funds were wer e in e&iste e&istence nce.. 'he mayor mayor knew knew that that the
People vs. (illalon %arrera brothers were co>owners of a parcel of land. / power of attorney was e&ecuted authori9ing de 3u9man to mortgage one brotherAs half. e 3u9man used the power of attorney to obtain a loan from the mortgagee bank. Loan was unpaid, bank foreclosed the mortgage and sold land to Serafia who filed eCectment suit against the brothers. HEL! 'he crime committed was estafa thru falsification of public document. 'he falsification of public document may be a means to commit estafa because before the falsified document is actually used to defraud another, the crime of falsification is already consummated and damage or intent to cause damage is not an element of falsification. 'he damage to another is caused by the commission of estafa.
$an)os v. $an!iganba%an *2000+ Dalentino occupies a public position as bookkeeper at the %learing -ffice of the %entral 8ank. He intercepted and pilfered 8$7>Laoag checks with the assistance of petitioner Estacio, a Canitor>messenger at the %entral 8ank. 7n the comfort room of the bank, Dalentino andor one Dillasanta tamp tamper ered ed with with the the clea cleari ring ng state stateme ments nts and and clear clearin ing g manife manifests sts.. Dalenti Dalentino no then brough broughtt the altered altered clearin clearing g statem statements ents back to the cleari clearing ng center center and prepar prepared ed a %learing 8ank
Lumanc Lumancas as and Uriart Uriarte e wer were e regular regular employ employees ees of the $hilippine $ostal %orporation in 'andag, Surigao del Sur. 'hey made false entries in their respective $ersonal ata Sheets ($S, %S% Form +)+G* regarding their educational attai attainm nment ent,, resu resulti lting ng in their their prom promot otio ion n to high higher er positions. Uriarte asserted that he finished his 8achelor of Science in %ommerce,
Artile !0+. Falsi$iatio# o$ ;ireless( Ca1le( Tele%raph a#d Telepho#e Messa%es( a#d Use o$ Said Falsi$ied Messa%es cts punished !.
$ttering ing fic fictiti itious telephone message
&ireless,
telegraph
or
Elements !. Offend Offender er is is an office officerr or emplo emploee ee of of the the government or an officer or emploee of a privat private e corpor corporati ation, on, enga engage ged d in the service of sending or receiving &ireless, ca-le or telephone message
Luman,as v. -n)as *2000+
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#.
#.
2e utte utters rs fict fictit itio ious us &irel ireles ess, s, caca-le, le, telegraph or telephone message.
Fals Falsif ifi ing ng message
&ire &irele less ss,,
tele telegr gra aph
or
issues a false false certific certificate ate of Pu-lic Pu-lic officer officer &ho issues meri meritt of serv servic ice, e, good good cond conduc uctt or simil imilar ar circumstances
tele telep phone hone
Elements !. Offend Offender er is is an office officerr or emplo emploee ee of of the the government or an officer or emploee of a privat private e corpor corporati ation, on, engage engaged d in the service of sending or receiving &ireless, ca-le or telephone message #. 2e falsi falsifie fiess &irele &ireless, ss, ca-l ca-le, e, teleg telegrap raph h or telephone message. '.
2
$sing $sing suc such h falsi falsifie fied d mess messag age. e. Elements !. Offe Offend nder er )ne& )ne& that that &ire &irele less ss,, caca-le, le, telegraph, telegraph, or telephone telephone mess message age &as falsified - an officer or emploee of the government or an officer or emploee of a privat private e corpor corporati ation, on, engage engaged d in the service of sending or receiving &ireless, ca-le or telephone message #. 2e use used d such such fals falsifie ified d disp dispatc atch h '. %he %he use resu result lted ed in the the pre4u pre4udi dice ce of a third part or at least there &as intent to cause such pre4udice.
%he pu-lic officer, to -e lia-le, must -e engaged in the service of sending sending or receiving &ireless, &ireless, ca-le or telephone message. Private Private individual individual cannot -e a principal - direct direct part partic icip ipat atio ion n in fals falsif ific icat atio ion n of tele telegr grap aphi hicc dispatches under rt. !/' unless he is an emploee of a corporation engaged in the -usiness of sending or rece receiv iving ing &irel &ireles ess, s, tele telegr grap aph h or tele teleph phon one e message. Priv Privat ate e indiv individ idua uall can can -e crim crimin inal all l lialia-le le as prin princi cipa pall - indu induce ceme ment nt in fals falsif ific icat atio ion n of telegraphic dispatches. ct. @o. !0+!, Sec J, punishes private individuals &ho forge or alter telegram - an fine of not more than P!33.
Artile !0-. !0-. False Medial Certi$iates( Certi$iates( False Certi$iates o$ Merit or Ser&ie( Et. Persons lia-le Phsician or surgeon &ho, &ho, in connection &ith the 1 prac practi tice ce of his his prof profes essi sion on,, issu issues es a fals false e certificate ;it must refer to the illness or in4ur of a person<
K%he crime here is false certificate of merit or service - a pu-lic officer.L 3
K%he crime is false medical certificate - private person or false certificate of merit or service - a private personL
%he falsification of the certificate of large cattle is not covered - rt !/* -ut - rt !/! or !/#. Certifi Cer tificat cate e of reside residence nce for voting voting purpos purposes es is certificate of Msimilar circumstancesN.
Artile !04. !04. Usi#% False Certi$iates Certi$iates Elements !. %he follo& follo&ing ing issu issues es a fals false e certi certific ficate ateBB a. Phsic Phsician ian or surg surgeon eon,, in connec connection tion &ith the practice of his profession, issues a false certificate -. Pu-lic Pu-lic offi officer cer issu issues es a fals false e certif certifica icate te of merit of service, good conduct or similar circumstances c. Priv Priva ate pers person on fals falsiifies fies a cer certif tifica icate falling &ithin the classes mentioned in the t&o preceding su-divisions. #.
Offend Offender er )no&s )no&s that that the the certi certific ficate ate &as &as false false
2e uses the same.
5hen an of the false certificates mentioned in rt. !/* is used in the 4udicial proceedings, rt !/# does not appl -ecause the use of false document in 4udicial proceeding under rt !/# is limited to those false documents em-raced in rts !/! and !/#.
Artile !0". Ma#u$aturi#% Ma#u$aturi#% a#d Possessio# o$ I#stru'e#ts or I'ple'e#ts $or Falsi$iatio# cts punished !.
#. K%he crime here is false medical certificate - a phsician.L
Private Private person person &ho falsifies a certificate falling &ith &ithin in the the clas classe sess ment mentio ione ned d in the the t&o t&o preceding su-divisions.
Philippines an (a)ing (a)ing or introducing introducing into the Philippines stamps stamps,, dies, dies, mar)s, mar)s, or other other instru instrumen ments ts or implements for counterfeiting or falsification Possessing &ith intent to use the the instruments or implem implement entss for counte counterfe rfeitin iting g or falsif falsifica ication tion made made in or introdu introduced ced into the Philippine Philippiness - another person.
C2005 Criminal Law 2 Reviewer 3
It is not necessar that the implements confiscated form a complete set for counterfeiting. It is enough that that the the ma ma -e empl emplo oed ed - them themse selv lves es or togeth together er &ith &ith other other implem implement entss to commit commit the crime of counterfeiting or falsification. Poss Posses essi sion on puni punish shed ed here here ma ma -e actu actual al or constructive possession.
Artile !00. Usurpatio# o$ Authorit3 o r O$$iial Fu#tio#s cts punished !.
$surpation of authorit Elements !. Offender )no&ingl and falsel represents himself #. s an an offic officer, er, agent agent or or re repre presen sentat tative ive of an depa depart rtme men nt or age agenc nc of the the Philippine government or of an foreign government.
#.
$surpation of of of official fu functions. Elements !. Offe Offend nder er perf perfor orms ms an an act act #. Pert Pertai aini ning ng to an an perso person n in autho authori rit t or pu-lic officer of t he Philipp ippine government or an foreign government, or an agenc thereof '. $nder $nder preten pretense se of of offic official ial positi position on *. 5ithou 5ithoutt -eing -eing la&full la&full entitl entitled ed to to do so.
In usurpation of authorit, it is not necessar that he perfor performs ms an act pertai pertainin ning g to pu-lic pu-lic office office.. 2o&eve 2o&everr in usurpa usurpation tion of offici official al functi functions ons,, it is essential esse ntial that the offender should have performed an act pertaining to a person authorit or pu-lic officer. %her %here e must must -e posi positi tive ve,, expr expres esss and and expl explic icit it representation. Such false representation ma -e sho&n - acts. %his article applies to Man personN and thus covers even even a pu-l pu-lic ic offi office cer. r. ;ex. ;ex. Coun Council cilor or usur usurpi ping ng maorAs office< %his article does not appl to occupant under color of title. %his article also punishes usurpation of authorit or offi offici cial al func functi tion onss of an an offi office cerr of an an fore foreign ign government. 6 /+ provides additional penalties for usurping the author authorit it of diploma diplomatic tic or consul consular ar or an other other official of foreign government if offender has intent to defraud.
6 !3 appl applie iess onl onl to memmem-er erss of sedi sediti tiou ouss organi:ation engaged in su-versive activities &ho performed an act pertaining to the government, to an person in authorit or to an pu-lic officer.
People vs. Cor)e" /ccused introduced himself to a proprietress of a meatshop presenting an id card bearing another name. He claimed to be authori9ed to waive inspection of books for $4JJ. Upon learning that the accused was not a real 87# agent, the owner and authorities set up a string operation. /ccused was apprehended after taking the money. HEL! %rime committed was usurpation of authority thru falsification of a public document by a private individual. 7t is not robbery because there was no force or intimidation.
Gigan)oni v People 3iga 3iganto ntoni ni,, work workin ing g on an inve invest stig igat atio ion n for for anoth another er company, represented himself to $/L legal officer as a $%> %7S agent. He re=uested that he be shown the $/L records records which was granted and he &ero&ed them. HEL! He cannot be held liable for usurpation of authority because he did not knowingly represented himself to be an agent. /' the time he went to $/L office, he was still an agent though he knew he was suspended. suspended. 'he conveyance conveyance to him of the notice of dismissal was not proven. He should have been charged charged with usurpation usurpation of official functions where dismissal or suspension would make no difference because both imply the absence of the power to represent himself as vested with authority to perform acts pertaining to an office which he knowingly was deprived of.
Artile !06. Usi#% Fititious Co#eali#% True Na'e
Na'e
a#d
cts punished !.
$sing fictitious name Elements !. Offe Offend nder er uses uses a name name other other than than his his real name #. 2e uses uses the fictit fictitious ious name name pu-l pu-licl icl '. Purp Purpos ose e of use use is to con conce ceal al a cri crime me,, to evade the execution of a 4udgment or to caus cause e dama damage ge Kto Kto pu-l pu-lic ic inte intere rest st 6eesL.
#.
Concealing true name Elements !. Offe Offend nder er conc concea eals ls his true true name name and other personal circumstances #. Purpos Purpose e is onl onl to concea conceall his his ident identit it..
fictitious name is an other name &hich a person pu-licl applies to himself &ithout authorit of la&. C2005 Criminal Law 2 Reviewer 40
Causing damage must -e to pu-lic interest. If it is damage to private interest, the crime &ill -e estafa under rt '!+,su-division # paragraph ;a<. Sign Signin ing g fict fictiti itiou ouss name name in an appl applic icat ation ion for for passport is pu-licl using such fictitious name. 5here a person ta)es the place of another &ho has -een convicted - final 4udgment, he is guilt of using using a fict fictit itiou iouss name name unde underr rt rt !/0 !/0 and and not not evasio evasion n of service service of sen senten tence ce -ecau -ecause se the real real convict alone is guilt thereof.
Use Use o$ o$ Fi Fittiti itious #a' #a'e Element of pu-licit must -e present Purp Purpos ose e is to conc concea eall a crime, to evade the execution of a 4udgment or to cause damage
Co#ea #eali li# #% tr true #a #a'e Elemen Elementt of pu-lic pu-licit it is not necessar Purpose is merel to conceal identit
Le%a'ia & IAC %ora9on Legamia lived with Emilio #eyes for )2 years and gave him a son. She was known and introduced to others as
$se of unregistered aliases R.A. ">64 AN ACT AMEN/ING AMEN/ING COMMON;EALT= COMMON;EALT= ACT NUMBERE/ ONE =UN/RE/ FORT?@T;O REGULATING T=E USE OF ALIASES ;hat is prohi1ited !. @o person shall use an name different from the one &ith &hich he &as registered at -irth in the office of the local c ivil registr, or &ith &hich he &as registered in the -ureau of immigration upon entr or such su-stitute name as ma have -een authori:ed - a competent court. E)eptio#B E)eptio#B Pseu Pseudo don nm m sole solel l for for lite litera rar r,, cine cinema ma,, televisio television, n, radio, radio, or other entertainment entertainment and in athletic athletic events &here the use of pseudonm is a normall accepted practice. ;Sec. !< #. No perso# having perso# having -een -apti:ed &ith a name different from that &ith &hich he &as registered at -irth in the local civil registr, or in case of an alien, registered in the -ureau of immigration immigration upon entr, entr, or an person &ho o-tained o-tained 4udicial authorit to use an alias, or &ho uses a pseudonm, shall shall repres represe#t e#t hi'sel hi'sel$$ i# a#3 pu1li pu1li or pri&a pri&ate te tra#sat tra#satio# io# or shall shall si%# si%# or e)eute a#3 pu1li pu1li or pri&ate dou'e#t without stati#% or a$$i)i#% his real or ori% ori%i# i#al al #a'e #a'e a#d a#d all all #a'e #a'es s or alia aliase ses s or
pseudo#3 pseudo#3' ' he is or 'a3 ha&e ha&e 1ee# authori2ed authori2ed to use. use. ;Sec. '< ;hat is the proess n person desiring to use an alias shall appl3 appl3 $or authorit3 therefor authorit3 therefor in proceedings li)e those legall provided to o-tain 4udicial authorit for a change of name, and no person shall -e allo&ed to secure such 4udicial authorit for more more than than one alias. alias. %he petitio# $or a# alias alias shall set forth the persons -aptismal and famil name and the name recorded recorded in the civil civil registr, registr, if different, different, his immigrant immigrants s name, if an alien, and his pseudonm, if he has such names other than his original or real name, specifing the reason or reason reasonss for the use of the desired desired alias. alias. %he 4udici 4udicial al authorit for the use of alias the christian name and the alien immigrants name shall -e recorded in the proper local civil registr, and no person shall use an name or names other, than his original or real name unless the same is or are dul recorded in the proper local c ivil registr. ;Sec. #< Pe#alties i'posed n violation of this ct shall -e punished &ith imprisonment imprisonment of from one ear to five ears and a fine of P+,333 to P!3,333. ;Sec. +<
Artile !09. !09. Ille%al Use o$ U#i$or's U#i$or's or I#si%#ia Elements Offend Offender er ma)es ma)es use of insign insignia, ia, unifor uniforms ms or 1 dress %he insign insignia, ia, unifor uniforms ms or dress dress pertai pertains ns to an 2 offic office e not not held held - such such pers person on or a clas classs of persons of &hich he is not a mem-er '. Said Said insig insignia nia,, unifor uniform m or dres dresss is used used pu-lic pu-licl l and improperl. 5earing the uniform of an imaginar office is not punisha-le. n exact imitation of a uniform or dress is unnecessar a colora-le resem-lance calculated to deceive the common run of people is sufficient.
REPUBLIC ACT NO. 04 8I''u#it3 o$ /iplo'ats a#d Co#suls: n ct to Penali:e cts &hich &ould Impair the Proper O-se O-serv rvan ance ce - the the 6epu 6epu-l -lic ic and and Inha Inha-i -ita tant ntss of the the Philippines of the Immunities, 6ights, nd Privileges Of >ul ccredited Foreign >iplomatic nd Consular gents In %he Philippines ;he# applia1le %he provisions of the ct are applica-le onl in cases &here the countr countr of the diplomatic diplomatic or consular consular representative representative adversel adversel affected affected has provided provided for si'ilar protetio# to dul accredited diplomatic or consular representatives of the 6epu-lic 6epu-lic of the Philippines Philippines - prescri-in prescri-ing g li)e or similar similar penalties for li)e or similar offenses herein contained. ;ho are pu#isha1le
C2005 Criminal Law 2 Reviewer 41
!. n person person &ho shall falsel falsel assume assume and ta)e upon upon himself to act as a diplomatic, consular, or an other official of a foreig foreign n govern governmen mentt dul dul accred accredite ited d as such such to the Government of the 6epu-lic of the Philippines &ith intent to defraud such foreign government or the Government of the Philippines #. n person person &ho, &ho, in such such preten pretended ded character character shall shall demand or o-tain, or attempt to o-tain from an person or from said foreign government government or the Government Government of the Philippines, or from an officer thereof, an mone, paper, document, or other thing of value '. n person, other than a diplomatic or consular officer or attache, &ho shall act in the 6epu-lic of the Philippines as an agent of a foreign government &ithout prior notification to, and registration &ith, the Secretar of Foreign ffairs *. n person &ho, &ith intent to deceive or mislead, &ithin the 4urisd 4urisdict iction ion of the 6epu-l 6epu-lic, ic, shall shall &ear &ear an naval, naval, militar, militar, police, or other official official uniform, uniform, decoration, decoration, or regalia regalia of an foreign State, nation or government government &ith &hich the 6epu-lic of the Philippines is at peace, or an uniform, decoration or regalia so nearl resem-ling the same as to -e calculated to deceive, $@ESS such &earing thereof -e authori:ed - such State, nation, or government +. n person - &hom an &rit or process is o-tained, &here- the person of an am-assador or pu-lic minister of an foreign State, authori:ed and received as such - the President, or an domestic or domestic servant of an such am-assador am-assador or minister minister is arrested arrested or imprisoned imprisoned,, or his goods goods or chatte chattels ls are distra distraine ined, d, sei:ed sei:ed,, or attach attached, ed, &hether as part or as attorne ". Ever officer concerned in executing the &rits or process in ;+< a-ove. ;+< and ;"< a-ove are @O% PPIC8E &hereB
the person person agains againstt &hom &hom the proces processs is issued is a ;!< citi:en or inha-itant of the 6epu-lic of the Philippines, ;#< in the service of an am-assador or a pu-lic minister, and ;'< ;'< the the proc proces esss is foun founde ded d upon upon a de-t de-t contra contracte cted d -efore -efore he entere entered d upon upon such such service or the person person agains againstt &hom &hom the proces processs is issu issued ed is a domes omesti ticc serv ervant ant of an am-assador or a pu-lic minister, $@ESS the name of the servant has, -efore the issuing thereof, -een registered in the >epartment of Fore Foreig ign n ffa ffair irs, s, and and tran transm smit itte ted d - the the Secretar of Foreign ffairs to the Chief of Police of the Cit of (anila, &ho shall upon receipt thereof post the same in some pu-lic place in his office.
addition to the penalties that ma -e imposed under the 6evised Penal Code
RA -9+ A# At to Prohi1it the the Use or Co#$erri#% Co#$erri#% o$ Militar3 or Na&al Grades or Titles B3 or Upo# Perso#s Not i# the Ser&ie o$ the Ar'ed Fores o$ the Philippi#es or the Philippi#e Co#sta1ular3( Co#sta1ular3( to Re%ulate the ;eari#%( Use( Ma#u$ature a#d Sale o$ I#si%#ias( /eoratio#s a#d Medals( Bad%es( Pathes a#d Ide#ti$iatio# Cards Presri1ed $or the Said Ar'ed Fores or Co#sta1ular3( Co#sta1ular3( a#d $or Other Purposes Sec. Sec. !. It shal shalll -e unla&f unla&ful ul for an an perso person n @O% in the the service of the FP or the P@P to use, or confer upon himself or another &ho is not in the service, a#3 'ilitar3 or #a&al %rade or title. title . E)eptio#sB E)eptio#sB ;a< ll v et eterans o f an an & ar ar & he hen r ec ecogni:ed - - t he he Phil Philip ippi pine ne and and onl onl for for the the ran) ran)ss for for &hic &hich h the the are are recogni:ed ;-< ;-< Comm Commis issi sion oned ed off offic icer erss and and pers person onne nel, l, reti retire red d or or in in active dut, of the 8ureau of Coast and Geodetic Surve, of the =uarantine service, and of the customs service ;c< ;c< Comm Commiiss ssiioned oned and and enl enlisted sted res reservi ervissts inc inclludi uding recogni:ed guerrilla officers on inactive status &hen using their authori:ed grades for a purel militar purposes ;d< %rainees i n t he he rm rmed F or orces & hi hile under go going an period of trainee instruction pursuant to la&.
Sec. Sec. #. It shall shall -e unla& unla&fu full for for an an pers person on not not in the the service service ;ECEP% ;ECEP% those those excluded excluded from the prohi-ition prohi-ition in Sectio Section n !<, to use or &ear &ear the dul prescri prescri-ed -ed i#si%#ia( 1ad%e 1ad%e or e'1le' e'1le' or ra#, ra#, or an colora-le colora-le imitation imitation thereof, of thereof, of the mem-ers of the FP or P@P, E)eptio#B E)eptio#B use or the &earing of an insignia, -adge or em-lem of ran)B a. in an an pla plah hou ouse se or or thea theate terr or -. in movi moving ngp pic ictu ture re film filmss &hil &hile e actu actual all l enga engage ged d in representing therein a militar or naval character #ot te#di#% te#di#% to 1ri#% disredit disredit or reproah reproah upo# the FP and P@P Sec. Sec. '. %he %he use, &ear &earin ing, g, manuf manufac actu ture re and sale sale of an 'edal 'edal or deora deoratio tio#( #( 1ad% 1ad%e( e( i#si%# i#si%#ia( ia( path path(( or ide#ti$iatio# ard, ard, authori:ed - Congress or prescri-ed or a&arde a&arded d - the Presiden Presidentt of the Philippi Philippines nes or the Secretar of @ational >efense for the mem-ers of the FP, or an colora-le imitation thereof, is prohi-ited E)eptio#B E)eptio#B &hen &hen so author authori: i:ed ed - the Secret Secretar ar of @ational >efense.
/. n person &ho assaults, stri)es, &ounds, imprisons imprisons or in an other manner manner offers offers violen violence ce to the person person of an am-assador or a pu-lic minister, in violation of the la& of nations. Pe#alties %he penaltie penaltiess provi provided ded in the act shall shall -e impos imposed ed in
FALSE TESTIMON?
False False testim testimon on is commit committed ted - a person person &ho, &ho, -eing under oath and re=uired to testif as to the truth truth of a certai certain n matter matter at a hea hearin ring g -efore -efore a
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compet competent ent author authorit it sha shallll den den the truth truth or sa something contrar to it.
-enefit the defendant as it is sufficient that it &as given to favor the accused. statement - a &itness that he is an expert in hand&r hand&ritin iting g is a statem statement ent of mere mere opinio opinion, n, the falsit of &hich is not sufficient to convict him.
%hree forms of false testimon
!. #. '.
False False testi testimon mon in crimin criminal al cases cases ;rt ;rtss !03, !0!< !0!< False False test testimo imon n in in civil civil case case ;rt ;rt !0#< !0#< False False test testimo imon n in in other other cases cases ;rt ;rt !0'<
Artile !6>. /e$e#da#t
False
Testi'o#3
a%ai#st
A
Elements !. %her %here e is a cri crimi mina nall proc procee eedi ding ng #. Offend Offender er testi testifie fiess falsel falsel under under oath oath agains againstt the defendant therein '. Offend Offender er &ho &ho gives gives false false testi testimon mon )no&s )no&s that that it is false. *. >efe >efend ndan antt agai agains nstt &hom &hom the false false testi testimo mon n is given is either ac=uitted or convicted in a final 4udgment.
Pena Penalt lt for for fals false e test testim imon on depe depend ndss upon upon the the senten sen tence ce of the defend defendant ant agains againstt &hom &hom false false testimon &as given. %he %he defe defend ndan antt in the the prin princi cipa pall case case must must -e sentenced sentenced at least a correction correctional al penalt, a fine or shall have -een ac=uitted in order that the &itness &ho falsel testified can -e held lia-le. %he &itness &ho gave false testimon is lia-le even if his testimon &as not considered - the court as the la& intends to punish the mere giving of false testimon.
Artile !6!. False Testi'o#3 Fa&ora1le to the /e$e#da#t Elements !. person gives false testimon #. In favor of the defendant '. In a criminal case. Convic Convictio tion n or ac=uit ac=uittal tal of defend defendant ant in princi principal pal case, case, not necessar necessar as it is suffic sufficien ientt that that the defend defendant ant is proseut proseuted ed for a felon punisha-le - afflictive penalt or - other penalt. Fals False e test testim imon on favo favora ra-l -le e to the the defe defend ndan antt is e=uall repugnant to the orderl administration of 4ustice. False testimon is punished -ecause of its tendenc to favor or to pre4udice the defendant. False testimon - negative statement is in favor of defendant. False testim testimon on in favor favor of defend defendant ant nee need d not False direct directl l influe influence nce the decisi decision on of ac=uit ac=uittal tal nor
%he defen defendan dantt &ho falsel falsel testif testified ied in his o&n -ehalf in a criminal case is guilt of false testimon favora-le to the defendant. %he right to testif in his o&n -ehalf is secured to him, not that that he ma -e ena-led to introduced false testimon into the reco record rd,, -ut -ut to enaena-le le him him to spre spread ad upon upon the the reco record rd the the trut truth h as to an an matt matter er &ith &ithin in his his )no&ledge ;$S v Soliman< 6ectification made spontaneousl after reali:ing the mista)e is not false testimon.
Bar 7uestio#s False Testi'o#3 8!99-: Paolo &as charged &ith homicide -efore the 6egional %rial Court of (anila. ndre&, a prosecution &itness, testified that he sa& Paolo shoot -- during their heated argument. 5hile the case is still pending, the Cit 2all of (anila -urned do&n and the entire records of the case &ere destroed. ater, the records &ere reconstituted. ndre& &as again called to the &itness stand. %his time he testified that his first testimon &as false and the truth &as he &as a-road &hen the crime too) place. %he 4udge immediatel ordered the prosecution of ndre& for giving a false testimon favora-le to the defendant in a criminal case. !.L 5ill the case against ndre& prosper9 #.L Paolo &as ac=uitted. %he decision -ecame final on Qanuar !3, !10/. On Qune !0 , !11* a case of giving false testimon &as filed against ndre&. s his la&er, &hat legal step &ill ou ta)e9 SUGGESTE/ ANS;ER< !< es. For one to -e criminall lia-le under rt. !0!, 6FC, it is not necessar that the criminal case &here ndre& testified is terminated first. It is not even re=uired of the prosecution to prove &hich of the t&o statements of the &itness is false and to prove the statement to -e false - evidence other than the contradictor statements ;People vs. ra:ola, vs. ra:ola, !' Court of ppeals 6eport, 6eport, #nd series, p. 030<. #< s la&er of ndre&, I &ill file a motion to =uash the Information on the ground of prescription. %he crime of false testimon under rt. !03 has prescri-ed -ecause Paolo, the accused in the principal case, &as ac=uitted on Qanuar !3, !10/ and therefore the penalt prescri-ed for such crime is arresto maor under rt. !03, par. *, 6PC. Crimes punisha-le - arresto maor prescri-es in five ;+< ears ;rt. 13, par. ', 6PC<. 8ut the case against ndre& &as filed onl on Qune !0, !11*, &hereas the principal criminal case &as decided &ith finalit on Qanuar !3, !10/ and, thence the prescriptive period of the crime commenced to run. From Qanuar !3, !10/ to Qune !0, !11* is more than five ;+< ears.
Artile !6*. !6*. False Testi'o#3 i# Ci&il Cases Elements %estimon given in a civil case 1. %estimon relates to the issues presented in said 2. case
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3. 4. 5.
%estimon is false Offender )no&s that testimon is false %estimon is malicious and given &ith an intent to affect the issues presented in said case.
%he testimon given in the civil case must -e false. rt. !0# is not applica-le &hen the false testimon is given in special proceeding as it applies onl to ordinar civil cases. Penalt depends on the amount of the controvers.
Artile !6+. False False Testi'o#3 i# Other Cases Cases a#d Perur3 i# Sole'# A$$ir'atio# cts punished !. #.
8 falsel falsel testif testifing ing under under oath oath 8 ma) ma)in ing g a fal false se affi affida davit vit..
Elements of per4ur Offe Offend nder er ma)e ma)ess a stat statem emen entt unde underr oath oath or 1. executes an affidavit upon a material matter %he %he stat statem emen entt or affi affida davi vitt is made made -efo -efore re a 2. compet competent ent office officer, r, author authori:e i:ed d to receiv receive e and administer oaths Offender ma)es a &illful and deli-erate assertion 3. of a falsehood in the statement or affidavit %he s&orn statement or affidavit containing the 4. falsit is re=uired - la&, that is, it is made for a legal purpose. Oath is an form of attestation - &hich a person signifies that he is -ound in conscience to perform an act faithfull and truthfull. n affidavit is a s&orn statement in &riting a declaration in &riting made upon oath or -efore an authori:ed magistrate or officer. Per4ur is an offense &hich covers false oaths other than than thos those e ta)e ta)en n in the the cours ourse e of 4udi udicia cial proceedings. false affidavit to a criminal complaint ma give rise to per4ur. (aterial matter is the main fact &hich i s the su-4ect matter matter of the in=uir in=uir or an circumstance circumstance &hich tends to prove that fact, or an fact or circ circum umst stan ance ce &hic &hich h tend tendss to corr corroo-or orat ate e or strengthen strengthen the testimon testimon relative to the su-4ect of in=uir or &hich legitimatel affects the credit of an &itness &ho testifies. %here must -e competent proof of materialit. %he matter is material &hen it is directed to prove a fact in issue. %her %here e is no per4 per4ur ur if s&or s&orn n stat statem emen entt is not not material to the principal matter under investigation. %here %here is no per4ur per4ur if defend defendant ant su-scr su-scri-e i-ed d and s&or s&ore e -efo -efore re a cler cler) ) in trea treasu sure rerA rAss offi office ce as a competent person authori:ed to administer oath is a pers person on &ho &ho has has a righ rightt to in=u in=uir ire e into into the the
=uestions presented to him upon matters under his 4urisdiction. %he ass assert ertion ion of falseh falsehood ood must -e &illfu &illfull and deli-erate. Good faith or lac) of malice is a defense in per4ur. %he phrase M&hen the la& so re=uiresN does not mean that the s&orn statement or affidavit must -e re=uired - la&. It has -een interpreted to mean Min cases in &hich the la& so authori:esN. 2ence, even if there is no la& re=uiring the statement to -e made under oath, as long as it is made for a legal purpose, it is sufficient ;P v ngcangco< %&o %&o cont contra radi dict ctor or s&or s&orn n stat statem emen ents ts are are not not suff suffic icie ient nt to conv convic ictt for for per4 per4ur ur -eca -ecaus use e the the pros prosec ecu ution tion mus must prov prove e &hic &hich h of the the t&o t&o statem statement entss is false false - other other eviden evidence ce than than the contradictor statement. %he direct direct induct induction ion of a person person - anothe anotherr to commit per4ur is treated as plain per4ur. %he one inducing another is principal - induction and the latter as principal - direct participation. False testi'o#3 Perur3 Perversions of truth Given iven in the the cour course se of @ot given in 4udicial 4udicial proceeding proceeding Cont Contem empl plat ates es an actu actual al trial trial (a (a -e comm commit itte ted d duri during ng preliminar investigation and in ma)ing false affidavits
/ia2 &s. People ia9 was charged with falsification of official document. He allegedly allegedly e&ecuted and filed in %S% a personal personal data sheet, an official document, where he stated he was a 4 th yr /8 student at %osmopolitan and Harvardian %olleges wc led to his reappointment. 'he accused was never enrolled in said schools. He presented a transcript of record with no imprint of college seal nor signature of school president. HEL! 'he crime committed was perCury. 'his offense is the willful and corrupt assertion of a falsehood under oath or affirm affirmati ation on admini administe stered red by author authority ity of law on a material matter.
#,una v. Depu)% /mbu!sman *2005+ F/%'S! $etitioner $etitioner /cua is a former former teacher of the /ngeles %ity @ational 'rade School (/%@'S* in $ampanga. $ascua $ascua was /%@'S /%@'S -ffice -fficer>7 r>7n>% n>%har harge ge while while 'urla 'urla was a member of the faculty. faculty. Mabut, another /%@'S teacher, teacher, together with other school personnel, re=uested a dialogue with $ascua on some unspecified matter. 'urla attended the meeting meeting upon $ascuas directive. directive. /cua, upon MabutAs MabutAs invitation also attended the meeting. /s an offshoot to an incident during the meeting which was held on ;uly )0, )221, /cua charged $ascua with misconduct (-<8>/<>)> 22>J1B* and with violation of /rticle )) of the #$% (-<8 )>22>2J* )>22>2J* before before the -ffice -ffice of the -mbudsman. -mbudsman. 7n his sworn counter>affi counter>affidavit davit in -<8>/<>)>2 -<8>/<>)>22>J1 2>J1B, B, $ascua alleged, among others, that! ()* -<8>/<>)>22>J1B is a rehash and a duplication with a slight deviation of fact of an administrative case pending with E%S which /cua and
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Mabut Mabut earlie earlierr filed filed agains againstt him and (+* Mabut had no authority to invite in the meeting a non>employee of /%@'S like /cua considering that $ascua was the one who called the meeting. $ascua also submitted a sworn statement of 'urla confirming confirming that respondent respondent $ascua and not Mabut called the said meeting. 'he -mbudsman dismissed -<8> /<>)>22>J1B and -<8 )>22>J2J. %ontending that $acua and 'urla perCured themselves in their sworn statements in -<8>/<>)> -<8>/<>)>22>J 22>J1B, 1B, petitioner petitioner charged charged the former former with perCury before the office of the eputy -mbudsman for Lu9on. /cua alleged that $ascua and 'urla were liable for perCur perCury y becaus because! e! ()* the compla complaint int she and Mabut Mabut filed filed against $ascua before the %S%, later endorsed to the E%S, was not the same as her complaint in -<8>/<>)>22>J1B and (+* it was Mabut and not respondent $ascua who called the meeting. 'he eputy -mbudsman -mbudsman for Lu9on dismissed dismissed the complaint. HEL! 7n prosecutions prosecutions for for perCury, perCury, a matter is material if it is the main fact which was the subCect of the in=uiry, or any circumstance which tends to prove that fact . . . +4 'o hold private private respondents respondents liable, there must be evidence that their assailed statements in -<8>/<>)>22> J1B were the subCect of in=uiry in that case. $etitioner has presented no such evidence. 'he records are hardly helpful, as petitioner did not furnish the %ourt a copy of her complaint in -<8>/<>)>22>J1B. "hat is before the %ourt is a portion portion of $ascuas $ascuas coun counter ter>a >aff ffid idav avit it in that that case case as =uote =uoted d by publi public c respondent in his 4 /pril +JJJ # esolution. /dmittedly, some inference is possible from this =uoted material, namely, that the basis of petitioners complaint in -<8>/<>)>22> J1B is that $ascua prevented her from taking part in the ;uly )221 meeting. However, it would be improper for the %ourt to rely on such inference because the element of materiality must be established by evidence and not left to inference. /t any rate, petitioners complaint for perCury will still not prosper because $ascuas statement N that -<8>/<>)>22> J1B is significantly the same as petitioners and Mabuts administrative complaint against respondent $ascua before the E%S N is immaterial to t he inferred issue. 'he third third element element of perCur perCury y re=uir re=uires es that that the accuse accused d willfully and deliberately assert a falsehood. 3ood faith or lack of malice is a valid defense. Here, the %ourt finds that respondent $ascuas statement in his counter>affidavit in -<8> -<8>/ /<> <>)> )>22 22>J >J1 1B B that that he calle called d the the )0 ;uly ;uly )221 )221 meetin meeting g does does not consti constitut tute e a deliber deliberate ate asserti assertion on of falsehood. "hile it was Mabut and some unidentified /%@'S person personnel nel who re=uest re=uested ed a dialog dialogue ue with with respon responden dentt $ascua, $ascua, it was $ascuas consent consent to their re=uest which led to the holding of the meeting. 'hus, $ascuas statement in =uestion is not false much less malicious. 7t is a good faith interp interpret retatio ation n of events events leadin leading g to the holding holding of the meeting. #egarding #egarding $ascuas allegation allegation in his counter>affidavi counter>affidavitt in -<8>/<>)>22>J1B that petitionerAs complaint was a mere rehash and duplication with a slight deviation of fact of the E%S administrat administrative ive case petitioner petitioner and Mabut filed against against $ascua, it was not shown by petitioner why this is false. $etitioner again did not furnish the %ourt a copy of her and Mabuts complaint with the E%S. 'urlas statement in -<8>/<>)>22>J1B that respondent $asc $ascua ua calle called d the the )0 ;uly ;uly )221 )221 meeti meeting ng was was a mere mere reit reiter erat atio ion n of what what resp respon onde dent nt $asc $ascua ua told told him. him. %onse=uently, it was correct for the eputy -mbudsman for Lu9on to hold hold that that since since respon respondent dent 'urla merely merely repeated what he heard from respondent $ascua, he could
not not be held held liab liable le for for maki making ng a fals false e and and malic malicio ious us statement. 'he dismissal is affirmed.
People v. Coa *2003+ F/%'S! /lfonso %han %hoa, petitioner, petitioner, a %hinese %hinese national, national, filed with the #'% a verified petition for naturali9ation. uring the initial hearing of the case, %hoa testified on direct e&amination but he was not able to finish the same. He subse=uently filed a motion to withdraw his petition for naturali9ation for which the trial court granted.
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%ertai %ertainly, nly, in the present present case, case, petitio petitioner ner cannot cannot seek seek refuge under the absolutely privileged communication rule since since the false statements statements he made made in his petition petition for natur natural ali9 i9at atio ion n has has inst instea ead d made made a mock mocker ery y of the the administration of Custice. 'he Flordelis case is likewise not in point. 'here, Flordelis was was char charge ged d with with perC perCur ury y for for having having alle allege ged d fals false e statements in his verified answer. 'his %ourt held that no perCur perCury y could could be commit committed ted by Florde Flordelis lis becaus because e an answer to a complaint in an ordinary civil action need not be under oath, oath, thus, thus, it is at once apparent apparent that one element of the crime of perCury is absent . . ., namely, that the sworn statement statement complained of must be re=uired re=uired by law.6
Perur3 8!99": Sisenando purchased the share of the stoc)holders of Estrella Corporation in t&o installments, ma)ing him the ma4orit stoc)holder thereof and eventuall, its president. 8ecause the stoc)holders &ho sold their stoc)s failed to compl &ith their &arranties attendant to the sale, Sisenando &ithheld pament of the second installment due on the shares and deposited the mone in escro& instead, su-4ect to release once said stoc)holders compl &ith their &arranties. %he stoc)holders concerned, in turn, rescinded the sale in =uestion and removed Sisenando from the Presidenc of the Estrella Corporation, Sisenando then filed a verified complaint for damages against said stoc)holders in his capacit as president and principal stoc)holder of Estrella Corporation. In retaliation, the stoc)holders concerned, after petitioning the Securities and Exchange Commission to declare the rescission valid, further filed a criminal case for per4ur against Sisenando, claiming that the latter per4ured himself &hen he stated under oath in the verification of his complaint for damages that he is the President of the Estrella Corporation &hen in fact he had alread -een removed as such. $nder the facts of the case, could Sisenando -e held lia-le for per4ur9 Explain. SUGGESTE/ ANS;ER< @o, Sisenando ma not -e held lia-le for per4ur -ecause It cannot -e reasona-l maintained that he &illfull and deli-eratel made an assertion of a falsehood &hen he alleged in the complaint that he is the President of the Corporation, o-viousl, he made the allegation on the premise that his removal from the presidenc is not valid and that is precisel the issue -rought a-out - his complaint to the SEC. It is a fact that Sisenando has -een the President of the corporation and it is from that position that the stoc)holders concerned purportedl removed him, &hereupon he filed the complaint =uestioning his removal. %here is no &illful and deli-erate assertion of a falsehood &hich is a re=uisite of per4ur. Perur3 8!990: , a government emploee, emploee, &as administrativel administrativel charged &ith immoralit for having an affair &ith 8, a coemploee in the same office &ho -elieved him to -e single. %o exculpate himself, testified that he &as single and &as &illing to marr 8, 2e induced C to testif and C did testif that 8 &as single. %he truth, ho&ever, &as that had earlier married >, no& a neigh-or of C. Is guilt of per4ur9 re and C guilt of su-ordination of per4ur9 SUGGESTE/ ANS;ER< @o. is not guilt of per4ur -ecause the &illful falsehood asserted - him is not material to the charge of immoralit. 5hether is single or married, the charge of immoralit against him as a government emploee could proceed or
prosper. In other &ords, s civil status is not a defense to the charge of immoralit, hence, not a material matter that could influence the charge. %here is no crime of su-ornation of per4ur. %he crime is no& treated as plain per4ur &ith the one inducing another as the principal inducement, and the latter, as principal - direct participation ;People vs. Podol "" Phil. '"+< . Since in this case cannot -e held lia-le for per4ur, the matter that he testified to -eing immaterial, he cannot therefore -e held responsi-le as a principal - inducement &hen he induced C to testif on his status. Conse=uentl, C is not lia-le as principal - direct participation in per4ur, having testified on matters not material to an administrative case. Perur3 8*>>4: l Chua, a Chinese Chinese national, filed filed a petition under oath for naturali:ation, &ith the 6egional %rial Court of (anila. In his petition, he stated that he is married to eni Chua that he is living &ith her in Sampaloc, (anila that he is of good moral character and that he has conducted himself in an irreproacha-le manner during his sta in the Philippines. 2o&ever, at the time of the filing of the petition, eni Chua &as alread living in Ce-u, &hile l &as living &ith 8a-es %oh in (anila, &ith &hom he has an amorous relationship. fter his direct testimon, testimon, l Chua Chua &ithdre& his petition petition for naturali:ation. 5hat crime or crimes, if an, did l Chua commit9 Explain. ;+D< SUGGESTE/ ANS;ER< l Chua committed committed per4ur. 2is declaration declaration under oath for naturali:ation that he is of good moral character and residing at Sampaloc, (anila are false. %his information is material to his petition for naturali:ation. 2e committed per4ur for this &illful and deli-erate assertion of falsehood &hich is contained in a verified petition made for a legal purpose. ;Choa v. People, G.6. @o. !*#3!!, (arch !*, #33'<
Artile !6-. E&ide#e
O$$eri#%
False
Testi'o#3
i#
Elements !. # '.
Offend Offender er offers offers in evidenc evidence e a false false &itness &itness or testimon 2e )no&s )no&s tha thatt the &itn &itnes esss or the test testim imon on &as false %he %he offe offerr is made made in an 4udi 4udici cial al or offi offici cial al proceeding.
%o cons consum umma mate te the the offe offens nse, e, the the &itn &itnes esss or testimo testimon n must must -e offere offered d in eviden evidence. ce. Offer Offer of evidence -egins the moment the &itness is called to the &itness stand and interrogated - counsel. rt. !0* applies &hen the offender &ithout inducing another, -ut )no&ing him to -e a false &itne &itness ss,, pres presen ente ted d him him as a &itn &itnes esss and and he testified falsel. %he penalt penalt sha shallll -e that that for false testimon testimon if commit committed ted in a 4udici 4udicial al procee proceedin ding g or that that for per4ur if committed in another proceeding.
OBSTRUCTION OF USTICE 8PRESI/ENTIAL /ECREE NO.!6* .! 6*9: 9: Prohi-ited cts C2005 Criminal Law 2 Reviewer 46
Pre& Pre&e# e#ti ti#% #% wit# wit#es esse ses s $ro' testi sti$3i#% i# a#3 ri'i#al pro proee eedi di#% #% or $ro' $ro' repo report rti# i#% % the the o''issio# o$ a#3 o$$e#se or o$$e#se or the identit of an an offe offend nder er?s ?s - mean meanss of -ri-ri-er er, , misrepresentation, deceit, intimidation, force or threats Falt Falter eri# i#%( %( dest destro ro3i 3i#% #%(( suppressi# suppressi#% % or o#eali#% o#eali#% a#3 paper( paper( reo reord rd(( dou dou'e 'e#t #t(( or o1e o1et t(( with with i#te#t to i'pair its &erit3( authe#tiit3( le%i1ilit3 le%i1ilit3(( a&aila1ili a&aila1ilit3( t3( or ad'issi1i ad'issi1ilit3 lit3 as e&ide#e e&ide#e in an an inve invest stig igat atio ion n of or official proceedings in, criminal cases, or to -e used in the investigation of, or official proceedings in, criminal cases Pu1lil3 usi#% a $ititious #a'e for the purpose of concealing a crime, evading prosecution or the execution of a 4udgment, or concealing his true name and other personal circumstances for the same purpose or purposes >elaing >elaing the prosecution prosecution of criminal cases - o1struti#% - o1struti#% the ser&ie o$ proess or ourt orders or distur1i#% proee proeedi# di#%s %s i# the $isal $isalDs Ds o$$ie o$$ies( s( i# O'1uds'a#( or i# the ourts5 Ma,i Ma,i#% #%(( pres prese# e#ti ti#% #% or usi#% a#3 reord( dou'e#t( paper or o1et with ,#owled%e o$ its $alsit3 a#d with with i#te i#te#t #t to a$$e a$$et t the the our ourse se or of, or out outo' o'e e o$ the the i#&e i#&est sti% i%at atio io# # of, official proceedings in, criminal cases Solii Soliiti# ti#%( %( aept aepti#% i#%(( or a%re a%reei ei#% #% to ae aept pt a#3 a#3 1e#e 1e#e$i $itt i# o#s o#sid ider erat atio io# # o$ a1st a1stai ai#i #i#% #% $ro' $ro'(( disou#ti#%( or i'pedi#% the proseutio# of proseutio# of a criminal offender Threat Threate#i e#i#% #% dire diretl3 tl3 or i#diretl3 a#other with the i#$litio# o$ a#3 wro#% upo# his perso#( ho#or or prop proper ert3 t3 or that that o$ a#3 a#3 i''e i''edi diat ate e 'e'1er 'e'1er or 'e'1e 'e'1ers rs o$ his $a'il3 $a'il3 i# orde orderr to pre& pre&e# e#tt suh suh pers perso# o# $ro' $ro' appeari#% appeari#% i# the i#&esti%a i#&esti%atio# tio# of, of, or offici official al procee proceedin dings gs in, crimin criminal al cases, cases, or imposi imposing ng a condit condition, ion, &hethe &hetherr la&ful la&ful or unla&ful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases
Gi&i#% o$ $alse or $a1ri $a1riate ated d i#$or' i#$or'ati atio# o# to 'islea 'islead d or pre&e#t the law e#$ore'e#t a%e#ies from from appreh apprehend ending ing the offend offender er or from from protecting the life or propert of the victim or Fa1riati# Fa1riati#% % i#$or'at i#$or'atio# io# $ro' the data %athered %athered i# o#$ide# o#$ide#e e 13 i#& i#&esti% sti%at ati# i#% % aut authorit oritie ies s $or purpos purposes es o$ 1a,%r 1a,%rou# ou#d d i#$or' i#$or'ati atio# o# and not for pu-lic pu-licati ation on and pu-lish pu-lishing ing or diss dissem emin inat atin ing g the the same same to misl mislea ead d the the investigator or the court.
Bar 7uestio#s Falsi$iatio#5 Falsi$iatio#5 Presu'ptio# o$ Falsi$iatio# Falsi$iatio# 8!999: falsified official official or pu-lic document document &as found in the possession of the accused. @o evidence &as introduced to sho& that the accused &as the author of the falsification. s a matter of fact, the trial court convicted the accused of falsification of official or pu-lic document mainl on the proposition that Hthe onl person &ho could have made the erasures and the superimposition mentioned is the one &ho &ill -e -enefited - the alterations thus madeH and that Hhe alone could have the motive for ma)ing such alterationsH. 5as the conviction of the accused proper although the conviction &as premised merel on the aforesaid ratiocination9 Explain our ans&er. ;'D< SUGGESTE/ ANS;ER< es, the conviction is is proper -ecause there is a presumption in la& that the possessor and user of a falsified document is the one &ho falsified the same. For%er3 Falsi$iatio# 8!999: 2o& are HforgingH and HfalsificationH HfalsificationH committed9 ;'D< SUGGESTE/ ANS;ER< FO6GI@G or forger is committed - giving to a treasur or -an) note or an instrument paa-le to -earer or to order the appearance of a true and genuine document or - erasing, su-stituting, counterfeiting, or altering - an means the figures, letters, &ords or signs contained therein. FSIFIC%IO@, on the other hand, is committed -B ! Counterfeiting or imitating an hand&riting, signature or ru-ric # Causing it to appear that persons have participated in an act or proceeding &hen the did not in fact so participate ttri-uting to persons persons &ho have participated participated in an act 3 or proceeding statements other than those in fact made - them * (a)ing untruthful statements in a narration of facts 4 + ltering true dates " (a)ing an alteration or intercalation in a genuine document &hich changes its meaning / Issuing in an authenticated form a document purporting to -e a cop of an original document &hen no such original exists, or including in such cop a statement contrar to, or different from, that of the genuine original or 0 Intercalating an instrument or note relative to the issuance thereof in a protocol, registr, or official -oo).
Artile !64. !64. Mahi#atio#s i# Pu1li Autio#s cts punished
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Soli Solicit citin ing g an an gift gift or promis promise e as a consid consider erat atio ion n for refr refrai ainin ning g from from ta)i ta)ing ng part part in an an pu-l pu-lic ic auction Elements !. %her %here e is is a pu-l pu-lic ic auct auctio ion n #. Offe Offend nder er soli solici cits ts an an gift gift or a prom promis ise e from an of the -idders '. Such Such gift gift or or promi promise se is is the the consi consider derati ation on for his refraining from ta)ing part in that pu-lic auction *. Offe Offend nder er has has the inte intent nt to caus cause e the redu reduct ctio ion n of the the pric price e of the the thin thing g auctioned.
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(anufa (an ufactu cturer rer,, produce producer, r, or proces processor sor or impor importer ter comcom-in inin ing, g, cons conspi piri ring ng or agre agreei eing ng &ith &ith an an person to ma)e transactions pre4udicial to la&ful commer commerce ce or to increa increase se the mar)et mar)et price price of merchandise. Elements !. (anu (anufa fact ctur urer er,, prod produc ucer er,, proc proces esso sorr or importer of an merchandise or o-4ect of commerce #. ComCom-in ines es,, consp conspir ires es or agre agrees es &ith &ith an person '. Purpose is to ma)e transactions pre4ud pre4udicia iciall to la&ful la&ful commer commerce ce or to incr incre ease ase the the mar) mar)et et pric price e of an an mercha merchandi ndi:e :e or o-4ect o-4ect of commer commerce ce manufa manufactu ctured red,, produc produced, ed, proces processed sed,, ass ssem em-l -led ed or impo imporrted ted into into the the Philippines.
People &s. Oua#o Echave9 and -uano had an oral agreement that only the former would make a bid for a parcel of land in a public bidding, and if accepted, they would divide the property in proportion proportion to their adCoining adCoining properties. properties. 'o ensure the success of their plans, they induced the only other party interested by paying her $+JJJ to desist from bidding.
Artile !6". Mo#opolies a#d Co'1i#atio#s i# Restrai#t o$ Trade
(ono (onopo pol l to rest restra rain in free free compe competi titi tion on in the the mar)et Elements !. 8 monop monopol oli: i:in ing g an an merc mercha hand ndis ise e or o-4e o-4ect ct of trad trade e or comm commer erce ce,, or - comcom-in ining ing &ith &ith an an othe otherr pers person on or persons to monopoli:e said merchandise or o-4ect #. In orde orderr to alte alterr the pric prices es ther thereo eoff - spreading false rumors or ma)ing use of an other artifice '. %o restrain free competition ion in the the mar)et
%his crime is consummate consummated d - mere solicitation solicitation of gift or promise as a consideration for not -idding. i)e i)e&i &ise se,, mere mere atte attemp mptt to caus cause e pros prospe pect ctiv ive e -idders -idders to sta a&a from an auction auction - means of thre threat ats, s, gift gifts, s, prom promis ises es or an an othe otherr artif artifice ice consummates the crime. 6easonB so execution should -e opened to free and full competition to secure the maximum -enefit for the de-tor.
HEL! 'he acts constituted a crime under /rt )1?. 'hey caused another bidder to stay away from the auction in order to cause the reduction of the price of the property auctioned. 'he parties have no cause of action against each other to and are both liable for the crime.
ComCom-ina inatio tion n to preve prevent nt free comp compet etiti ition on in the the mar)et Elements !. Enteri Entering ng into into an contra contract ct or or agree agreemen mentt or ta)in ta)ing g part part in an an cons conspi pira rac c or com-ination in the form of a trust or other&ise #. In res restr trai aint nt of trad trade e or comm commer erce ce or to to prev preven entt - artif rtifiicia cial mea means fre free competition in the mar)et.
tte ttemp mpti ting ng to cause cause -idd -idder erss to sta a&a a&a from from an auction auction - threat threats, s, gifts, gifts, promis promises es or an other artifice. Elements !. %here %here is a pu-l pu-lic ic aucti auction on #. Offend Offender er attempt attemptss to cause cause the -idders -idders to sta a&a from that pu-lic auction '. It is done - - threats, threats, gifts, gifts, promis promises es or an other artifice *. Offe Offend nder er has has the the inte intent nt to caus cause e the the redu reduct ctio ion n of the the pric price e of the the thin thing g auctioned.
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(ere conspirac or com-ination is punished. If the offense affects an food su-stance or other article of prime necessit, it is sufficient that initial steps are ta)en to&ard carring out the purposes of com-ination. 5hen 5hen offens offense e is commit committed ted - a corpor corporati ation on or asso associ ciat atio ion, n, the the pres presid iden entt and and dire direct ctor orss or managers are lia-le. 8ut the are lia-le onl &hen the the ;!< ;!< )no& )no&in ingl gl perm permit itte ted d or ;#< ;#< faile failed d to prevent the commission of such offense.
cts punished
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Artile !60. I'portatio# a#d /ispositio# o$ Falsel3 Mar,ed Artiles or Merha#dise Made o$ Gold( Sil&er( or Other Preious Metals o$ Their Allo3s
Elements !. Offend Offender er import imports, s, sells sells or dispos disposes es articl articles es made made of gold, silver, or other precious metals or their allos #. %he stam stamps, ps, -ran -rands, ds, or or mar)s mar)s of thos those e article articless of merchandise fail to indicate the actual f ineness or =ualit of said metals or allos '. Offe Offend nder er )no&s )no&s that that the the stam stamps ps,, -ran -rands ds,, or mar) mar)ss fail fail to indi indica cate te the the actu actual al finen finenes esss or =ualit of the metals or allos.
It is not necessar that the goods of the prior user and the late user of the trademar) are of the same categories. %he trademar) or tradename must -e registered. It must not -e merel descriptive or generic. %he exclusive right to an originall valid trademar) or tradename is lost, if for an reason it loses its distinctiveness or has -ecome pu-lici 4uris .
Artile !69. U#$air Co'petitio#( Fraudule#t Re%is Re%istra tratio tio# # o$ Trade Trade Na'e( Na'e( Trade Trade'ar 'ar,( ,( or Ser&ie Mar,( Fraudule#t /esi%#atio# o$ Ori%i#( a#d False /esriptio# cts punished
rticles involved are those made of gold, silver, other precious metals or their allos. Selling the mis-randed articles is not necessar -ut there must -e evidence sho&ing that the articles &ere imported. rt !0/ does not appl to manufacturer of mis-ra mis-rande nded d article articless made made of gold, gold, silver silver,, other other precious metals or their allos.
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Elements !. 8 selling his goods #. Givi Giving ng them them the the gener general al appe appear aran ance ce of the goods of another manufacturer or dealer '. %he genera generall appea appearan rance ce is is sho&n sho&n in the the goods themselves, or in the &rapping of thei theirr pac) pac)ag ages es,, or in the the devi device ce or &ords therein, or in an feature of their appearance *. %he %here is actua ctuall inte inten nt to dece deceiv ive e the the pu-lic or defraud a competitor.
Artile !66. Su1stituti#% a#d Alteri#% Trade'ar,s( Trade #a'es( or Ser&ie Mar,s cts punished !.
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Su-s Su-sti titu tuti ting ng the the trad trade e name name or trade tradema mar) r) of some some othe otherr manu manufa fact ctur urer er or deal dealer er,, or a colora-le imitation thereof for the trade name or tradem trademar) ar) of the real real manufa manufactu cturer rer or dealer dealer upon upon an articl article e of commer commerce ce and selling selling the same Sell Sellin ing g or offe offeri ring ng for sale ale such such arti articl cles es of comm commer erce ce )no& )no&in ing g that that the the trad trade e name name or trademar) has -een fraudulentl used $sing $sing or su-s su-sti titu tutin ting g the servi service ce mar) mar) of some some other other person person,, or a colora colora-le -le imitation imitation of such such mar) n the sale or advertising of his services Prin Printi ting ng,, lith lithog ogra raph phin ing g or repr reprod oduc ucin ing g trad trade e name, trademar), or service mar) of one person or a colora-le imitation thereof to ena-le another person to fraudulentl use the same )no&ing the fraudulent purpose for &hich it is to -e used.
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Fraudulent designation of origin false descriptionB Elements !. 8 affi affixi xing ng to his his good goodss or usin using g in conn connec ecti tion on &ith &ith his his serv servic ices es a fals false e desi design gnat atio ion n of orig origin in,, or an an fals false e description or representation and #. Selli Selling ng suc such h good goodss or serv servic ices es..
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Frau Fraudu dule lent nt regis registr trat ation ion Elements !. 8 proc procu uring ring frau fraudu dule lent ntl l from from the the patent office #. %he registration of trade name, trademar) or service mar)
%he tradename, trademar) or service mar) used - the the offe offend nder er need need not not -e iden identi tica call &ith &ith the the infringed tradename, trademar) or service mar). colora-le imitation is sufficient. 8ut there must not -e differences &hich are glaring and stri)ing to the ee. %he %he functi function on of a tradem trademar) ar) is to indica indicate te the origin origin or o&ners o&nership hip of the goods goods to &hich it is fixed.
$nfa $nfair ir comp compet etit itio ion n
$nfair competition consists in emploing deception or an an othe otherr mean meanss cont contra rar r to good good faith faith - &hic &hich h an an pers person on shal shalll pass pass off off the the good goodss manufactured - him or in &hich he deals, or his -usiness, or his services for those of the one having esta esta-l -lis ishe hed d good good&i &ill ll,, or comm commit ittin ting g an an acts acts calculated to produce such result. (ere offer for sale completes the commission of the crime. Evidence of actual fraudulent intent is not necessar.
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%he true test of unfair competition is 5O@ certain goods have -een clothed &ith an appearance &hich is li)e li)el l to dece deceiv ive e the the ordi ordina nar r purc purcha hase serr exercising ordinar. %he master is criminall responsi-le for acts of his servants and emploees in violation of the penal provisions provisions touching touching trademar)s trademar)s,, tradenames tradenames and unfair competition if he causes the illegal act to -e done, or re=uests, command or permits it or in an manner authori:es it, or aids or a-ets the servant in its commission of , &hether he is present at the time the unla&ful act is committed or not.
La Cemise La,os)e v ernan!e" 7n )2B?, )2B?, Hemand Hemandas as O %o., %o., a domesti domestic c firm firm was issued issued regi registr strati ation on for for the the trad tradem emar ark k %HE %HE<7 <7SE SE L/%L/%-S' S'E E O %#-%-7LE ED7%E by the $hilippine $atent -ffice for use on '>shirts, sportswear and other garment products of the company. La %hemise %hemise Lacost Lacoste, e, S./.,t S./.,the he actual actual owner owner of the '
REPUBLIC ACT NO. 6*9+ The I#telletual Propert3 Code o$ the Philippi#es TRA/EMARS( TRA/ENAMES( SERICEMARS ;hat ats are pu#isha1le !. I#$ri#%e'e#t ElementsB !. 6egi 6egist stra rati tion on of %@, %@, %( %( or or S( S( #. $se $se in comm commerc erce e - anot anothe herr ;inc. ;inc. repro reprodu ducti ction on and application of reproduction< '. $se $se is &ith &ithou outt o&ne o&nerA rAss cons consen entt *. $se $se is li)el li)el to cause cause confu confusi sion on,, caus cause e mist mista) a)e e or deceive regardless of &hether or not there is actual sale *. U#$air Co'petitio# Co'petitio#
ElementsB !. Person Person has has esta-l esta-lish ished ed good&i good&ill ll ;has ;has identi identifie fied d in the mind of the pu-lic pu-lic his goods, goods, -usine -usiness ss or servi services ces<, <, &hethe &hetherr or not a regis registere tered d mar) mar) is emploed #. not nothe herr person person pass passes es of the the goods goods he deal dealss in for those of the person person &ho has esta-l esta-lish ished ed good&ill '. 8 mean meanss cont contra rar r to good good fait faith h ;mal ;malic ice e and and intent to deceive essentialEE(E> to have committed unfair competitionB ;a< gives goods the general appearance of goods of another or such appearance as is li)el to deceive the pu-lic or defraud defraud another another of his legitima legitimate te trade trade R to influe influence nce purchasers to -elieve that the goods offered are those of another R sells the goods ;includes su-se=uent vendor and agent of an vendor< ;-< induces the false -elief that he is offering the services of another &ho has esta-lished good&ill R - an artifice or device ;c< ma)es an false statement in the course of trade or an othe otherr act cont contra rar r to good good fait faith h R act act or stat statem emen entt calculated to discredit the -usiness of another +. False /esi%#atio# o$ Ori%i# H False /esriptio# o$ Fat ElementsB !. $ses in commerce an false designation of origin, false description or representation of fact &hichB is li)el to deceive as to sponsorship or approval of goods - another person misreprese misrepresents nts nature, nature, characteris characteristics, tics, =ualities =ualities and geog geogra raph phic ic orig origin in of good goodss in comm commerc ercia iall advertising or promotion PATENTS ;hat at are pu#isha1le Repetitio# o$ I#$ri#%e'e#t ElementsB !. Existe Existence nce of of a final final 4udgm 4udgment ent again against st the the offend offender er in a i&il action i&il action for infringement of patent #. Infri nfring nger er or anon none e in conn conniivance ance &ith &ith him him repeats the infringement after the finalit of the 4udgment 8 the &a, &hat is infringement &ith respect to patents9 It is the ma)ing, using, offering for sale, selling, or importing of a ;!< patented patented product or a product o-tained o-tained directl or indirectl from a patented process, or the use of a patented process ;#< &ithout authori:ation of the patentee. Pres Prescr crip ipti tion onBB %he %he crim crimin inal al acti action on for for repe repeti titi tion on of infringement of patent prescri-es in three ;'< ears from date of the commission of the crime. COP?RIG=T
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;c< ;ho are pu#isha1le !. n person infringing an right secured - the provisions of the la& on copright ;li)e cop or economic rights, moral rights etc.< or of aiding or a-etting such infringement #. n person &ho at the time &hen copright su-sists in a &or) has in his possession an article &hich he )no&s, or ought to )no&, to -e an infringing cop of the &or) for the purpose ofB ;a< ;a< Sell Sellin ing, g, letti letting ng for for hire hire,, or - &a &a of trade, offering or exposing for sale, or hire, the article ;-< >istri >istri-ut -uting ing the articl article e for purpos purposes es of trade, or for an other purpose to an extent that &ill pre4udice the rights of the copright o&ner in the &or) or ;c< %rade %rade ;9< exhi-it exhi-it of the articles articles in in pu-lic. pu-lic.
REPUBLIC ACT NO. -44 AN ACT TO AMEN/ AMEN/ SECTION T;O T;O T=OUSAN/ T=OUSAN/ SEEN =UN/RE/ AN/ T;O( AN/ T;O T=OUSAN/ SEEN =UN/RE/ AN/ T=REE OF T=E REISE/ A/MINISTRATIE A/MINISTRATIE CO/E Sec. #/3'. arious fraudulent practices against customs revenues. T n person &ho ma)es or attempts to ma)e an entr of imported or dutia-l exported merchandise - means of an false or fraudulent invoice, declaration, affidavit, letter, paper, or - means of an false statement, &ritten or ver-al, or - means of an false or fraudulent practice &hatsoever, or shall -e guilt of an &illful act or omission - means &hereof the Government of the 6epu-lic of the Philippines might -e deprived of the la&ful duties, or an portion thereof, accruing from the merchandise or an portion thereof, em-raced or referred to in such invoice, declaration, affidavit, letter, paper, or statement, or affected - such act or omission, shall, for each offense, -e punished - a fine of not less than six hundred pesos -ut not more than five thousand pesos and - imprisonment for not less than six months nor more than t&o ears and, if the offender is an alien, he ma -e su-4ect to deportation.
RA 609* E@Co''ere At ctions 6elated to Contracts of Carriage SECTION *4. of Goods. T 5ithout derogating from the provisions of Part %&o of this this ct, ct, this this Chapte Chapterr appli applies es to an action action in connection &ith, or in pursuance of, a contract of carriage of goods, including -ut not limited toB ;a< ;i< furnishing the mar)s, num-er, =uantit or &eight of goods ;ii< ;ii< stat statin ing g or or dec decla lari ring ng the the nat natur ure e or or val value ue of goods ;iii iii< issuing uing a rec recei eip pt fo for goo good ds ;iv ;iv< conf confir irmi ming ng tha thatt good goodss have have -een -een loa loade ded d ;-<
;i< notifing a person of terms conditions of the contract ;ii< giving in instr uc uctions to to a car ri rier
and
;i< ;ii< ;iii< goods
claiming deliver of goods authori:ing r el elease of goods givin g no notice of of lo loss of of, or or d am amage t o
;d< ;d< givi giving ng an an oth other er noti notice ce or stat statem emen entt in in con conne nect ctio ion n &ith the performance of the contract ;e< ;e< under nderta ta) )ing to deli eliver go goods ods to a nam named ed pers person on or a person authori:ed to claim deliver ;f< granting, ac =u =uir in ing, r en enouncin g, g, surr en endering, transferring or negotiating rights in goods ;g< ;g< ac= ac=uiri uiring ng or tra transf nsferri erring ng righ rightts and and o-l o-ligat gations ions under the contract. %ransport >ocuments. T ;!< Su-4ect to SECTION *". paragr paragraph aph ;'<, &here &here the la& re=uir re=uires es that that an action action referred to in Section #+ -e carried out in &riting or - using a paper document, that re=uirement is met if the action is carried out - using one or more electronic data messages or electronic documents. ;#< ;#< Parag aragra rap ph ;!< ;!< app applies lies &he &hetther her the the re=u re=uiireme rement nt therein is in the form of an o-ligation or &hether the la& simpl provides conse=uences for failing either to carr out the action in &riting or to use a paper document. ;'< ;'< If a rig right ht is to -e gran grante ted d to, to, or an o-li o-liga gati tion on is to -e ac=uired -, one person and no other person, and if the la& re=uires re=uires that, in order order to effect effect this, this, the right right or o-ligation must -e conveed to that person - the transfer, or use of, a paper document, that re=uirement is met if the right right or o-liga o-ligatio tion n is conveed conveed - using using one or more more electronic data messages or electronic documentsB Provided, %hat a relia-le method is used to render such electronic data messages or electronic documents uni=ue. ;*< ;*< For For the the purp purpos oses es of para paragr grap aph h ;'< ;'<,, the the stan standa dard rd of reliarelia-il ilit it re=uired re=uired shall shall -e assess assessed ed in the light of the purpose for &hich the right or o-ligation &as conveed and in the light of all the circumstances, including an relevant agreement. ;+< ;+< 5here here one one or more ore el electr ectron oniic dat data a mes messsages ages or electr electroni onicc docume documents nts are used used to effect effect an action action in su-paragraphs ;f< and ;g< of Section #+, no paper document used to effect an such action is valid unless the use of electronic data message or electronic document has -een terminated and replaced - the use of paper documents. paper document issued in these circumstances shall contain a statem statement ent of such such termin terminati ation. on. %he replac replaceme ement nt of electronic data messages or electronic documents - paper documents shall not affect the rights or o-ligations of the parties involved. ;"< If a r ul ule o f la la& i s co compulsor ilil a pp pplic a a-le t o a contract of carriage of goods &hich is in, or is evidenced -, a paper document, that r ule shall not -e inapplica-le to such a contract of carriage of goods &hich is evidenced - one or more electronic data messages or electronic documents - reason of the fact that the contract is evidenced - such electronic data message or electronic documents instead of - a paper document. Extent of ia-ilit of a Service Provider. SECTION +>. T Except as other&ise provided provided in this Section, no person or part shall -e su-4ect su-4ect to an civil or criminal criminal lia-ilit lia-ilit in resp respec ectt of the the elec electr tron onic ic data data mess messag age e or elect electro roni nicc document for &hich the person or part acting as a service provider as defined in Section +, merel provides access if such lia-ilit is founded on T
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a.< %he o-ligations and lia-ilities of the parties under the electronic data message or electronic document -.< %he ma)ing, pu-lication, dissemination or distri-ution of such such materi material al or an statemen statementt made made in such such materi material, al, including possi-le infringement of an right su-sisting in or in relation to such materialB Provided, %hat i.%h i.%he e serv servic ice e prov provid ider er does does not not have have actu actual al )no&ledge, or is not a&are of the facts or circumstances from &hich it is apparent, that the ma)ing, ma)ing, pu-lication, pu-lication, dissemination or distri-ution of such material is unla&ful or infrin infringes ges an rights rights su-si su-sisti sting ng in or in relati relation on to such such material ii.%he service provider does not )no&ingl receive a financial financial -enefit directl attri-uta-l attri-uta-le e to the unla&ful or infringing activit and iii.%he service provider does not directl commit an infringement or other unla&ful act and does not induce or caus cause e anot anothe herr pers person on or part part to comm commit it an an infringement or other unla&ful act and?or does not -enefit financiall financiall from the infringi infringing ng activit activit or unla&ful unla&ful act of another person or partB Provided, further, %hat nothing in this Section shall affect T a<n o-ligation founded on contract -<%he -<%he o-ligati o-ligation on of a service service provider provider as such under a licensing licensing or other regulator regulator regime regime esta-lis esta-lished hed under &ritten la& or c<n o-ligation imposed under an &ritten la& d<%he civil lia-ilit of an part to the extent that such lia-ilit forms the -asis for in4unctive relief issued - a court under an la& re=uiring that the service provider ta)e or refrain from actions necessar to remove, -loc) or den access to an material, or to preserve evidence of a violation of la&. SECTION +!. a&f a&ful cce ccess. T cce ccesss to an electronic file, or an electronic signature of an electronic data data mess messag age e or elec electr tron onic ic docum documen entt shal shalll onl onl -e authori:ed and enforced in favor of the individual or entit having a legal right to the possession or the use of the plaint plaintext ext,, electr electroni onicc signa signatur ture e or file file and solel solel for the author authori:e i:ed d purpos purposes. es. %he electr electroni onicc )e )e for identi identit t or integrit shall not -e made availa-le to an person or part &ithou &ithoutt the consent consent of the indivi individua duall or entit entit in la&ful la&ful possession of that electronic )e. O-ligati O-ligation on of Confidenti Confidentialit alit. . T Except SECTION +*. for the purposes authori:ed under this ct, an person &ho o-tain o-tained ed access access to an electro electronic nic )e, )e, electr electroni onicc data data mes message sage or elec electr tron onic ic docu docume ment nt,, -oo) -oo),, regi regist ster er,, correspondence, information, or other material pursuant to an po&ers conferred under this ct, shall not conve to or share the same &ith an other person. Penalties. T %he follo&ing cts shall -e SECTION ++. penali:ed - fine and?or imprisonment, as follo&sB a< 2ac)i 2ac)ing ng or crac) crac)ing ing &hic &hich h refers refers to unau unautho thori:e ri:ed d acce access ss into into or inte interf rfer eren ence ce in a comp comput uter er sstem?server or information and communication sstem or an access in order to corrupt, alter, steal, or destro using a computer or other similar information and communication devices, &ithout the )no&ledge and consent of the o&ner of the comput computer er or inform informati ation on and commu communic nicati ation on sstem, sstem, including including the introducti introduction on of computer computer viruses and the li)e, resulting in the corruption, destruction, alteration, theft or loss of electronic
-<
c<
d<
data messages or electronic documents shall -e punis punished hed - a minim minimum um fine fine of One hundred hundred thousand thousand pesos pesos ;P!33,333.3 ;P!33,333.33< 3< and a maximum maximum commen commensur surate ate to the damage damage incurr incurred ed and a mandat mandator or impris imprisonm onment ent of six ;"< months months to three ;'< ears Pirac Pirac or the the unautho unauthori: ri:ed ed copin coping, g, reprod reproduct uction ion,, disse dissemin minati ation, on, distri distri-ut -ution ion,, impor importat tation ion,, use, use, removal, removal, alteration alteration,, su-stitu su-stitution, tion, modificat modification, ion, storage, uploading, do&nloading, communication, ma)ing availa-le to the pu-lic, or -roadcasting of prot protec ecte ted d mate materi rial al,, elec electr tron onic ic sign signat atur ure e or copri copright ghted ed &or)s &or)s includ including ing legall legall protec protected ted sound sound recordings recordings or phonograms phonograms or informati information on material on protected &or)s, through the use of telecommu telecommunicati nication on net&or)s, net&or)s, such as, -ut not limited to, the internet, in a manner that infringes intellectual propert rights shall -e punished - a minimum minimum fine of One hundred thousand thousand pesos pesos ;P!33,333.33< and a maximum commensurate to the dama damag ge inc incurre urred d and a mandat ndator or imprisonment of six ;"< months to three ;'< ears iolat iolation ionss of the the Consum Consumer er ct ct or 6epu6epu-lic lic ct ct @o. @o. /'1* and other relevant or pertinent la&s through transactions covered - or using electronic data messag mes sages es or electr electroni onicc docume documents nts,, shall shall -e penali:ed &ith the same penalties as provided in those la&s Other Other violat violation ionss of the provis provision ionss of this ct, ct, shall shall -e penali penali:ed :ed &ith &ith a maximu maximum m penalt penalt of One milli million on pesos pesos ;P!,33 ;P!,333,3 3,333. 33.33< 33< or six ;"< ears ears imprisonment.
RA 9!"> ANTI@MONE? ANTI@MONE? LAUN/ERING ACT OF *>>!( AS AMEN/E/ B? RA 9!99!9SECTION +. >efinitions. T For purposes of this ct, the follo&ing terms are here- defined as follo&sB ;a< MCovered InstitutionN refers toB ;!< -an)s, non-an)s, =uasi-an)s, trust entities, and all other institutions and their su-sidiaries and affiliates supervised or regulated - the 8ang)o Sentral ng Pilipinas ;8SP< ;#< insurance companies and all other institutions super upervi vise sed d or regu regula late ted d - the the Insu Insura ranc nce e Commission and ;'< ;i< ;i< secu securi riti tie es deal dealer ers, s, -ro -ro)e )ers rs,, sal salesm esmen, en, invest investmen mentt houses houses and other other simila similarr enti ntities ties manag anagiing secu securi riti ties es or rendering services as investment agent, advisor, or consultant, ;ii< mutual funds, closeend investment companies companies,, common common trust funds, pre need need comp compan anie iess and and other other simi simila larr entities, ;iii< ;iii< foreig foreign n exchan exchange ge corpor corporati ations ons,, mone mone chang changers ers,, mone mone pam pamen ent, t, remittance, and transfer companies and other similar entities, and ;iv< ;iv< other other entiti entities es admini administe sterin ring g or othe other& r&iise dea dealing ling in curr curren enc c,, commod commoditi ities es or financ financial ial deriva derivativ tives es -ased thereon, valua-le valua-le o-4ects, o-4ects, cash su-stitutes and other similar monetar
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instrumen instruments ts or propert propert supervise supervised d or regulated regulated - Securities Securities and Exchange Exchange Commission. ;-< ;-< UCove Covere red d tran transa sacction tionAA is a tra trans nsa acti ction in in cash cash or or other other e=uiva e=uivalen lentt moneta monetar r instru instrumen mentt involv involving ing a total total amou amount nt in exce excess ss of Five Five hund hundred red thou thousa sand nd peso pesoss ;P+33,333.33< &ithin one ;!< -an)ing da. ;as amended - 6 1!1*< ;-! ;-!<< USusp Suspic icio ious us tran transa sact ctio ions nsAA are are tran transa sact ctio ions ns &ith &ith covered covered institut institutions, ions, regardless regardless of the amounts amounts involved involved,, &here an of the follo&ing circumstances existB ;!< there is no u nderling legal or trade o-ligation, purpose or economic 4ustification ;#< the client is not properl identified ;'< the amount involved is not commensurate &ith the -usiness or financial capacit of the client ;*< ta)ing into account all )no&n circumstances, it ma -e perceived that the clients transaction is structured in order to avoid -eing the su-4ect of reporting re=uirements under the ct ;+< an circumstance relating to the transaction &hich is o-served to deviate from the profile of the client and?or the clients past transactions &ith the covered institution ;"< the transaction is in an &a related to an unla&ful activit or offense under this ct that is a-out to -e, is -eing or has -een committed or ;/< an transaction that is similar or analogous to an of the foregoing. ;c <
M(onetar instrumentN refer s toB ;!< coins or or cu cur re renc of of le legal te tender of of th the Philippines, or of an other countr ;#< drafts. ch chec)s an and notes ;'< securities or negotia-le instruments, -onds, -onds, commercial commercial papers, papers, deposit deposit certificate certificates, s, trust trust certificate certificates, s, custodial custodial receipts receipts or deposit deposit su-stitute instruments, trading orders, transaction tic)ets and confirmations of sale or investments and mone mar)ed instruments and ;*< other similar instruments &here title ther theret eto o pass passes es to anot anothe herr - endo endors rsem emen ent, t, assignment or deliver.
;d< HOffenderH r ef efers t o an an p er erson & ho ho c om ommits a mone laundering offense. ;e< ;e<
HPer HPerso sonH nH refe refers rs to an an nat natur ural al or 4uri 4uridi dica call per perso son. n.
;f< ;f< HPro HProce ceed edsH sH refe refers rs to an amou amount nt deri derive ved d or real reali: i:ed ed from an unla&ful activit. ;g< ;g< MSup Supervi ervisi sing ng uth utho orit ritNN ref refers ers to the the app approp ropriat riate e superv superviso isor r or regula regulator tor agenc agenc,, depart departmen mentt or office office supe superv rvis isin ing g or regu regula lati ting ng the the cove covere red d inst instit itut utio ions ns enumerated in Section ';a<. ;h< M%rans ransac acti tio onN ref refer erss to an an act act es estata-lis lishing hing an an right or o-ligation or giving rise to an contractual or legal relationship -et&een the parties thereto. It also includes an movement of funds - an means &ith a covered institution. ;i< ;i< M$nl M$nla& a&fu full act activ ivit itN N refe refers rs to an an act act or omis omissi sion on or series series or com-inati com-ination on thereof thereof involvin involving g or having having direct relation to the follo&ingB
;!< 7id 7idnapp nappiing for ran ransom som und unde er rt rt.. #"/ #"/ of ct '0!+, other&ise )no&n as the 6PC, as amended ;#< Sections *, *, +, +, ", ", 0, 0, 1, 1, !3 !3, !# !#, !' !', !* !*, !+, and !" of 6 1!"+, other&ise )no&n as the Comprehensive >angerous >rugs ct of #33# ;'< Sect. ' pars. 8, 8, C, C, E, E, G, G, 2 and I of 6 6 '3!1, as amended, other&ise )no&n as the nti Graft and Corrupt Practices ct ;*< Plunder un un de der 6 6 /3 /303, as as am amended ;+< 6o--er an and ex extortion u nd nder r rts. #1 #1 *, *, #1+, #1", #11, '33, '3! and '3# of the 6PC, as amended ;"< Queten g an and (a (asiao p un unished a s ilillegal gam-ling under P> !"3# ;/< Pirac on on th the hi high se seas un under th the 6P 6PC, as amended, and P> +'# ;0< Vuali ualiffied thef heft und under er rt '!3 '!3 of of th the 6PC 6PC,, as amended ;1< S&indling un under r r t '! + of th the 6P 6PC, as as amended ;!3< !3< Smug Smuggl gliing under nder 6s *++ and and !1' !1'/ / ;!!< iolations under 6 0/1#, other &i &ise )no&n as the Electronic Commerce ct of #333 ;!#< ;!#< 2i4a 2i4ac) c)in ing g and and othe otherr vio viola lati tion onss und under er 6 "#'+ destructive arson and murder, as defined under under the 6PC, 6PC, as amende amended, d, includ including ing those those perpetrated perpetrated - terrorists terrorists against against noncom-a noncom-atant tant persons and similar targets ;!'< ;!'< Frau Fraudu dule lent nt pra pract ctic ices es and and oth other er vio viola lati tion onss under 6 0/11, other&ise )no&n as the Securities 6egulation Code of #333 ;!*< !*< Fel Feloni onies or or off offense ensess of a si similar ilar nat natur ure e that are punisha-le under the penal la&s of other countries. SECTION -. (one aundering aundering Offense. T (one laundering is a crime &here- the proceeds of an unla&ful activit activit as herein herein defined defined are transacted transacted,, there- there- ma)ing ma)ing them appear to have originated from legitimate sources. It is committed - the follo&ingB ;a< ;a< n pers person on )no& )no&in ing g tha thatt an an mone moneta tar r instr nstrum umen entt or propert represents, involves, or relates to, the proceeds of an unla&ful activit, transacts or attempts to transact said monetar instrument or propert. ;-< ;-< n pers person on )no& )no&in ing g tha thatt an an mone moneta tar r instr nstrum umen entt or propert propert involves the proceeds proceeds of an unla&ful activit, activit, performs or fails to perform an act as a result of &hich he facilitates the offense of mone laundering referred to in paragraph ;a< a-ove. ;c< ;c< n pers person on )no& )no&in ing g that that an an mone moneta tar r instr nstrum umen entt or propert is re=uired under this ct to -e disclosed and filed &ith the nti(one aundering Council ;(C<, fails to do so. SECTION 9. ;c< 6eporting of Covered and Suspicious %ransactio %ransactions. ns. T Covered Covered institut institutions ions shall report report to the (C all covered transactions and suspicious transactions &ithin + &or)ing das from occurrence thereof, unless the Superv Supervisi ising ng uthori uthorit t prescr prescri-e i-ess a longer longer period period not exceeding !3 &or)ing das. Should a transaction -e determined to -e -oth a covered transa transacti ction on and a suspic suspiciou iouss transa transacti ction, on, the covere covered d inst instit itut utio ion n shal shalll -e re=u re=uir ired ed to repo report rt the the same same as a suspicious transaction.
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5hen reporting covered or suspiciou suspiciouss transactio transactions ns to the (C, covered institutions and their officers and emploees shall not -e deemed to have violated 6 !*3+, as amended 6 "*#", as amended, 6 0/1! and other similar la&s, -ut are prohi-ited from communicating, directl or indirectl, in an manner or - an means, to an person, the fact that a covered covered or suspicio suspicious us transactio transaction n report report &as made, the conten contents ts thereo thereof, f, or an other other inform informati ation on in relati relation on thereto. thereto. In case of violation violation thereof, thereof, the concerned officer and emploee of the covered institution shall -e criminall lialia-le le.. 2o&e 2o&eve ver, r, no admi admini nist strat rativ ive, e, crimi crimina nall or civi civill proceedings, shall lie against an person for having made a covere covered d or suspi suspicio cious us transa transacti ction on report report in the regula regularr performance of his duties in good faith, &hether or not such reporting results in an criminal prosecution under this ct or an other la&. 5hen reporting covered or suspiciou suspiciouss transactio transactions ns to the (C, covered institutions and their officers and emploees are prohi-ited from communicating directl or indirectl, in an manner or - an means, to an person or entit, the media, media, the fact that a covered covered or suspicio suspicious us transaction transaction repor reportt &as &as made made,, the the cont conten ents ts ther thereo eof, f, or an an othe otherr information in relation thereto. @either ma such reporting -e pu-lished or aired in an manner or form - the mass media, electronic mail, or other similar devices. In case of violation thereof, the concerned officer and emploee of the covered institution and media shall -e held criminall lia-le.
SECTION !-. Penal Provisions. T ;a< Penalt Penalties ies for the Crime of (one (one aund aunderi ering. ng. %he penalt of imprisonment ranging from / to !* ears and a fine of not less than P',333,333 -ut not more than t&ice the value of the monetar instrument or propert involved in the offense, shall -e imposed upon a person convicted under Section *;a< of this ct. %he penalt of imprisonment from * to / ears and a fine of not less than P!,+33,333 -ut not more than P',333,333, shall shall -e imposed upon a person person convicted convicted under Section *;-< of this ct. %he penalt of imprisonment from " months to * ears or a fine of not less than P!33,333 -ut not more than P+33,333, or -oth, -oth, shall shall -e impose imposed d on a person person convicte convicted d under under Section *;c< of this ct. ;-< ;-< Pena Penalt ltie iess for for Fail Failur ure e to to 7ee 7eep p 6ec 6ecor ords ds.. %he %he pena penalt lt of imprisonment from " months to one ! ear or a fine of not less than P!33,333 -ut not more than P+33,333, or -oth, shall -e imposed on a person convicted under Section 1;-< of this ct. ;c< ;c< (ali (alici ciou ouss 6ep 6epor orti ting ng.. n n pers person on &ho, &ho, &ith &ith mali malice ce,, or in -ad faith, reports or files a completel un&arranted or false false informati information on relative relative to mone laundering laundering transactio transaction n against an person shall -e su-4ect to a penalt of " months to * ear earss impr impris ison onme ment nt and and a fine fine of not not less less than than P!33,333 -ut not more than P+33,333, at the discretion of the courtB Provi Provided ded,, %hat %hat the offend offender er is not entitled entitled to avail avail the -enefits of the Pro-ation a&. If the offender is a corporation, association, partnership or
an 4uridical person, the penalt shall -e imposed upon the responsi-l responsi-le e officers, officers, as the case ma -e, &ho participated participated in, or allo&ed - their gross negligence, the commission of the crime. If the offender is a 4uridical person, the court ma suspend or revo)e its license. If the offender is an alien, he shall, shall, in additi addition on to the penalt penalties ies herein herein prescr prescri-e i-ed, d, -e deport deported ed &ithou &ithoutt furthe furtherr procee proceedin dings gs after after servi serving ng the penalties herein prescri-ed. If the offender is a pu-lic official or emploee, he shall, in addition to the penalties prescri-ed here hereiin, suf suffer fer perpe erpettual ual or tem temporar orar a-so a-sollute ute dis=ualification dis=ualification from office, as the case ma -e. n pu-lic official or emploee &ho is called upon to testif and refuses to do the same or purposel fails to testif shall suffer the same penalties prescri-ed herein. ;d< 8r ea each of Confiden titialit. %he punishment of imprisonment ranging from ' to 0 ears and a fine of not less than P+33,333 -ut not more than P!,333,333 shall -e imposed on a person convicted for a violation under Section 1;c<. In the case of a -reach of confidentialit that is pu-lished or repor reporte ted d - medi media, a, the the resp respon onsi si-l -le e repo reporte rter, r, &rit &riter er,, president, president, pu-lisher, pu-lisher, manager manager and editorin editorinchie chieff shall -e lia-le under this ct.
Bar 7uestio#s R.A. No. 9!"> A#ti@Mo#e3 Lau#deri#% At 8*>>4: >on Ga-ito, a philanthropist, offered to fund several pro4ects of the (aor. 2e opened an account in the (aorAs name and regularl deposited various amounts ranging from P+33,333.33 to P! (illion. From this account, the (aor &ithdre& and used the mone for constructing feeder roads, -aranga clinics, repairing schools and for all other municipal pro4ects. It &as su-se=uentl discovered that >on Ga-ito &as actuall a 4ueteng operator and the amounts he deposited &ere proceeds from his 4ueteng operations. 5hat crime?s &ere committed9 5ho are criminall lia-le9 Explain. ;"D< SUGGESTE/ ANS;ER< >on Ga-ito violated the nti(one aundering ct ;Sec. *, 6.. @o. 1!"3< for )no&ingl transacting mone as propert &hich involves or relates to the proceeds of an unla&ful activit such as 4ueteng. In addition, he ma -e prosecuted for lia-ilit as a4ueteng operator. ;6.. @o. 1#0/< %he maor &ho allo&ed the opening of an account in his name is li)e&ise guilt for violation of the (. 2e, )no&ing that the mone instrument or propert involves the proceeds of an unla&ful activit, performs or fails to perform an act &hich results in the facilitation of mone laundering.
R.A. 6*>+ Speial Law o# Cou#ter$eit Cou#ter$eit /ru%s ;hat are ou#ter$eit dru%s Counte Counterfe rfeit it drug?m drug?medi edicin cine e refers refers to medici medicinal nal productsB
&ith the correct ingredients -ut not in the amounts as provided hereunder, &rong ingredients, &ithout active ingredients,
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&ith &ith
insu insuff ffic icie ient nt
=uan =uanti tit t
of
acti active ve
drugs in violation of this su-section, shall -e excepted from lia-ilit under the provisions of this ct afterB
ingredient, &hich results in the reduction of the drugs safet, efficac, =ualit, strength or purit. It is a drug &hich is deli-erate deli-eratel l and fraudulent fraudulentl l misla-el misla-eled ed &ith respect respect to identit and?or source or &ith fa)e pac)aging, and can appl to -oth -randed and generic products. It shall also refer toB
presentation of sales invoices, official receipts, or other legall legall accept accepta-l a-le e docume documents nts eviden evidencin cing g his his purchase purchase thereof thereof from a drugstore drugstore,, distri-ut distri-utor, or, manufacture, hospital pharmac or dispensar, or an other person or place place dul licensed licensed to sell and? and?or or disp dispen ense se drug drugss or medi medici cine nes, s, and and indicating therein the -atch and lot num-ers, as &ell as the expir dates such drugs or prese presenta ntatio tion n of certif certifica icates tes and other other docume documents nts evidencing the importation or exportation of the counte counterfe rfeit it drugs drugs found found in his posses possessio sion n as re=u re=uir ired ed - exis existi ting ng la&s la&s incl includ udin ing g thos those e documents documents re=uired in the preceding preceding paragraph covering covering the commercial commercial transactio transactions ns involvin involving g counterfeit drugs.
the drug itself, or the container or la-eling thereof or an part of such drug, container or la-eling -earing &ithout author authori:a i:atio tion n the tradema trademar), r), trade trade name name or other other identification mar) or imprint or an li)eness to that &hich is o&ned or registered in the 8ureau of Patent, %rademar) %rademar) and %echnolog %echnolog %ransfer %ransfer ;8P%%%< ;8P%%%< in the name of another natural or 4uridical person a drug product refilled in containers - unauthori:ed persons if the legitimate la-els or mar)s are used a# u#re%istered i'ported dru% produt, produt , except drugs -rought in the countr for personal use as confirmed and 4ustified - accompaning medical records and a drug &hich contains no amount of, or a different active ingredient, or less than eight percent ;03D< of the acti active ve ingre ngredi dien entt it purpo urport rtss to poss posses ess, s, as distin distingui guishe shed d from from an adulte adulterat rated ed drug drug includ including ing reduction or loss of efficac due to expiration.
In -oth cases, the su-4ect counterfeit must not on their face, appear to -e as such, or do not -ear an mar)ing or an patentl unusual characteristic sufficient to arouse the suspicion of a reasona-le and and prud pruden entt pers person on that that such such drug drugss are are counterfeit. Furthermore, the amount or volume of counterfei counterfeitt drugs held is such that it does not negate or is inconsistent &ith the averment that the same are for personal personal use, not&ithsta not&ithstanding nding the presentation presentation - the possession possession of medical medical records and other similar doc u um ments accomp accompan aning ing and 4ustif 4ustifi ing ng the use of such such drugs.
;hat are the prohi1ited ats u#der the law !.
%he 'a#u$at 'a#u$ature( ure( sale( sale( o$$eri#% o$$eri#% $or sale( do#atio do#atio#( #( distri1u distri1utio# tio#(( tra$$i,i tra$$i,i#%( #%( 1ro,eri#% 1ro,eri#%(( e)portat e)portatio#( io#( or i'portat i'portatio# io# or possess possessio# io# o$ ou#ter$eit dru%s. dru%s. %he presence or availa-ilit of such counterfeit drugs &ithin the premises of an entit engaged in the sale, manu manufa fact ctur ure e or dist distri ri-u -uti tion on of drug drugss and? and?or or pharmaceutical products or in a private residence, or in pu-lic or private vehicle, or in the premises not covered - a valid license to operate from the 8ureau, shall constitut constitute e a pri'a $aie e&ide#e of e&ide#e of violation of this ct. %his %his presum presumpti ption on shall shall not appl appl to the legiti legitimat mate e o&ners of trademar)s, trade names or other identifing mar)s, or the legitimate or authori:ed representatives or agents of such o&ners, &ho have in their possession counterfei counterfeitt drugs &hich -ear the trademar)s trademar)s,, trade names or mar)s if the can sho& the sales invoices or offici official al receip receipts ts eviden evidencin cing g their their purcha purchase se from from a drugstore, drugstore, manufacture manufacturerr or distri-ut distri-utor or suspected suspected - them them of deali dealing ng in counte counterfe rfeit it drugs drugs involv involving ing the trademar)s, trade names and other similar identifing mar)s mar)s regis registere tered d in their their names. names. Such Such counte counterfe rfeit it products shall -e reported and immediatel turned over to the 8ureau. Complian Compliance ce &ith the preceding preceding proviso shall -e made &ithin a reasona-le period from the date of purchase of such counterfeit drugs as indicated in the sales invoice, off offici icial rece receiipt, pt, or othe otherr simi imilar docum ocumen ents ts a-ovementioned to the time the counterfeit drugs are reported and turned over to the 8ureau.
#.
Possessio# o$ a#3 suh ou#ter$eit dru%s . 2o&ever, an person found in possession of counterfeit
'.
For%i For%i#%( #%( ou#te ou#ter$e r$eiti iti#% #%(( si'ul si'ulat ati#% i#% or $als $alsel el3 3 rep represe rese#t #ti# i#%( %( or with withou outt prop proper er authorit3( usi#% an usi#% an mar), stamp, tag, la-el or other identification mar) or device authori:ed or re=uired - 6epu 6epu-l -lic ic ct ct @o. @o. '/#3 '/#3,, as amen amende ded, d, and? and?or or the the regulations promulgated under this ct.
*.
Phot Photo oop op3i 3i#% #%(( dupl dupli iat ati# i#%( %( alte alteri ri#% #%(( pri#ti#%( tra#s$erri#%( o1literati#% or re'o&i#% the appro&ed la1el or a#3 part thereo$ , la&full -elonging to another person, for the purpose of using such la-el or a part thereof on an counterfeit drug. %hat %hat if the person person &ho commi committe tted d an of the acts enumerated in this paragraph and the person &ho used the la-els produced there- are not one and the same person person and the former former had )no&ledge )no&ledge of the purpose purpose for &hich the la-els are intended, the former shall also -e lia-le under this ct not&ithstanding the failure of the latter to achieve the intended purpose and
+.
Ma,i#%( selli#%( or o#eali#% a#3 pu#h( d3e( plate or a#3 other euip'e#t or i#stru'e#t desi%# desi%#ed ed to pri#t( pri#t( i'pri# i'pri#tt or repro reprodu due e the trade'ar,( trade'ar,( trade #a'e or other ide#ti$3i#% 'ar, of another registered producer or an li)eness thereof, upon an drug product or device or its container or la-el &ithout authorit from the legitimate o&ners of the trademar) or trade name.
;ho are lia1le
C2005 Criminal Law 2 Reviewer 55
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the manuf anufac actturer urer,, expor xporte terr or impor mporte terr of the the counterfeit drugs and their agents. %he agents shall -e lialia-le le onl onl upon upon proo prooff of actu actual al or cons constr truc ucti tive ve )no&ledge that the drugs are counterfeit the sell seller, er, distri distri-ut -utor, or, traffi traffic)e c)er, r, -ro)er -ro)er or donor and their their agents agents,, upon upon proof proof of actual actual or constr construct uctive ive )no&ledge that the drugs sold, distri-uted, offered or donated are counterfeit drugs the the poss posses esso sorr of coun counte terf rfei eitt drug drugss as prov provid ided ed in Section * ;-< hereof the the mana manage ger, r, oper operat ator or or less lessee ee of the the la-o la-ora rato tor r facilities used in the manufacture of counterfeit drugs the o&ner, o&ner, prop proprie rietor tor,, adminis administra trator tor or manag manager er of the drugstore, hospital pharmac or dispensar, la-orator or other outlets or premises &here the counterfeit drug is found &ho induces, causes or allo&s the commission of an act herein prohi-ited the the regi regist ster ered ed pharm pharmac acis istt of the outl outlet et &here &here the counterfeit drug is sold or found &ho, sells or dispenses such such drug drug to a third third part and &ho has actual actual or constructi constructive ve )no&ledge )no&ledge that said drug is counterfei counterfeit t and should should the the offense offense -e comm committ itted ed - a 4uridic 4uridical al person person,, the president, general manager, the managing partner, chief chief operat operating ing office officerr or the person person &ho direct directl l induces, causes or )no&ingl allo&s the commission of the offense shall -e penali:ed.
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