Criminal Law II, Prof.
IRJimenez
Title IV Crimes Against Public Interest
Prof. Ildefonso R. Jimenez U.P. College of Law
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Crimes against public interest
Forgeries & falsifications - Art. 161-176 Other falsifications Art. 177-179 False testimonies Art. 180-184 Other frauds Art. 185-187 Art. 188-189 repealed by Intellectual Property Code
Forgeries & Falsifications
To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Forgeries
Great Seal of GRP Signature or stamp of the President Coins Treasury notes Securities & other instruments of credit
Falsification
Documents Wireless, telegraph or telephone messages Certificates
Coins
Make, import, or utter false coins
Even coins out of circulation ROP coin - penalty depends upon value Foreign coin - lower penalty, regardless of value
Mutilate coins
Coins of legal tender Single penalty, regardless of denomination
Coins
Utter
to use as money Lower penalty if not in connivance
Possession
Must be with intent to utter Tecson v. CA
To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Treasury or bank notes & securities
Bearer notes - higher penalty; graduated penalty for:
1. 2. 3. 4. ROP obligations or securities Circulating note of any authorized bank Issued by foreign government Issued by authorized foreign bank
Non-bearer notes - lower penalty
Forgery Art. 169
1. Giving to a treasury or bank note the appearance of a true document 2. Erasing, substituting, counterfeiting, or altering by any means the figures, letters, words or signs contained therein
Falsification of documents Document
creates rights or extinguishes obligations establishes status tends to prove a fact in issue
To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Falsification of documents
Art. 171 by public officer, notary or ecclesiastical minister who takes advantage of official position Art. 172
a. Private person - public, official or commercial document b. Any person - private document with damage
Art. 171 and 172 same acts
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Acts of falsification
1.Imitate or counterfeit handwriting, signature or rubric 2.Make it appear that a person has participated in an act or proceeding 3.Attribute to persons statements they did not make in an act or proceeding 4.Make false statements in a narration of facts
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Acts of falsification
5. Alter true dates 6. Make alteration or intercalation in a genuine document that changes its meaning 7. Issue certified copy of non-existent document or whose contents differ from original 8. Intercalate instrument or note of its issuance in protocol, registry, or official book
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Act Object
Great Seal, Presidential seal or signature Coins
Forge or Falsify
Import
Use or utter w/ connivance
Use or utter w/o connivance (1 lower)
Possess (1 lower)
Mutilate
161 163 163 164 166 167 170 171/172 166 167 163 164 166 167
162 165 165 168 168 165 168 168 164
Mutilated coins
Bearer notes
Non-bearer notes
Legislative documents
Documents
172
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Act Object
Cable, etc
Forge or Falsify
Import
Use or utter with w/o connivance connivance (1 lower)
Possess (1 lower)
Mutilate
173 174 176 176
173
173 175 176
Certificates
Implements
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Other falsifications
A177 Usurpation of authority or office
1. Falsely represent to be official of ROP or foreign government 2. Perform act pertaining to public office under pretense of authority
A178 Using fictitious name
1. Public use, to conceal crime, evade sentence or cause public damage 2. Conceal identity for any other purpose
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Other falsifications
A179 Illegal use of uniforms or insignias
Public use Improper use Uniform or insignia of an actual office or class To which offender does not belong
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False testimonies
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False testimony
Criminal case (A180 & 181)
Against accused penalty based on sentence imposed or acquittal In favor of accused penalty based on imposable penalty; penalty lighter for favorable testimony
Civil case penalty based on amount in controversy (A182) Other cases and Perjury (A183)
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Offering false testimony (A184)
Offer formal procedure of submitting evidence to the court for consideration; therefore can only be committed by a lawyer Knows of falsity BUT must not have procured false testimony, otherwise, principal by inducement (subornation) in Art. 180, 181 or 182
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Other frauds
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Machinations in public auctions (A185)
1. Solicit gift or promise to refrain from taking part in bidding 2. Attempt to cause bidders to stay away by threats, gifts, promises, with intent to reduce price Fine - 10-50% of auction value
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Monopolies & combinations in restraint of trade (A186)
1. Agreement or conspiracy in restraint of trade or to prevent free competition by artificial means 2. Monopolize merchandise, alone or in combination with others to alter price by spreading false rumors or other means to restrain free competition 3. Transactions prejudicial to lawful commerce e.g. hoarding, price fixing Higher penalty if food, fuel, essential goods
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Importation & disposition of falsely marked goods made of precious metals (A187) Knowingly import or sell goods made of precious metals with marks of false fineness or quality
Less by more than .5 karat for gold Less by more than .004 karat for silver Less by more than .003 karat for gold watches and flatware
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Arts. 188 & 189 repealed by IP Code (RA 8293)
1. Infringement of trademark or patent 2. Unfair competition 3. False designation of origin
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
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To be used only as reference for an accompanying lecture
