TITLE FOUR

I. CRIMES AGAINST PUBLIC INTEREST

Article 161
 TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 When the signature of the President is forged, it is not falsification but forging of signature
under this article
 Signature must be forged, others signed it – not the President.

Article 162
 USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
1. That the great seal of the republic was counterfeited or the signature or stamp of the chief
executive was forged by another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal or forged signature or stamp.
 Offender is NOT the forger/not the cause of the counterfeiting

Article 163
 ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
1. That there be false or counterfeited coins (need not be legal tender).
2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connives with counterfeiters or
importers.
 Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender,
regardless if it is of no value
 Counterfeiting – imitation of legal or genuine coin (may contain more silver, different design)
such as to deceive an ordinary person in believing it to be genuine
 Utter – to pass counterfeited coins, deliver or give away
 Import – to bring to port the same
 Both Philippine and foreign state coins
 Applies also to coins withdrawn from circulation
 Essence of article: making of coins without authority

Article 164
 ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:

1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
 Mutilation – to take off part of the metal either by filling it or substituting it for another
metal of inferior quality, to diminish by inferior means (to diminish metal contents).
 Foreign notes and coins not included. Must be legal tender.
 Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
 2 Types
1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the
same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
4. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
 Possession does not require legal tender in foreign coins
 Includes constructive possession
 Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
 Acts punishable:
1. Forging or falsity of treasury/bank notes or documents payable to bearer
2. Importing of such notes
3. Uttering of such false or forged obligations and notes in connivance with forgers and
importers
 Forging – by giving a treasury or bank note or document payable to bearer/order an
appearance of a true and genuine document
 Falsification – by erasing, substituting, counterfeiting or altering by any means the figures
and letters, words, signs contained therein
 E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through falsification of an
obligation or security of the Phil
 PNB checks not included here – it’s falsification of commercial document under Article 172
  Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes,
coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes
money

Article 167
 ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE
TO BEARER:
1. That there be an instrument payable to order or other document of credit not payable to
bearer.
2. That the offender either forged, imported or uttered such instruments.
3. That in case of uttering, he connived with the forger or importer.

Article 168
 ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENT OF CREDIT:
1. That any treasury or bank note or certificate or other obligation and security payable to
bearer, or any instrument payable to order or other document of credit not payable to
bearer is forged or falsified by another person.
2. That the offender knows that any of those instruments is forged or falsified.
3. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
 Act sought to be punished: Knowingly possessing with intent to use any of such forged
treasury or bank notes

Article 169
FORGERY
 How forgery is committed:
 if all acts done but genuine appearance is not given, the crime is frustrated
1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the
appearance of a true and genuine document
2. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words,
or signs contained therein.

Article 170
 ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the
national assembly or any provincial board or municipal council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
 4. That the alteration has changed the meaning of the document.
 Accused must not be a public official entrusted with the custody or possession of such
document otherwise Art 171 applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER
 ELEMENTS:
1. That the offender is a public officer, employee, or notary public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate, or an attempt to imitate
2. That the two signatures or handwritings, the genuine and the forged, bear some
resemblance, to each other
 (lack of similitude/imitation of a genuine signature will not be a ground for conviction under
par. 1 but such is not an impediment to conviction under par. 2)
1. Causing it to appear that persons have participated in any act or proceeding when they did
not in fact so participate.
2. Attributing to persons who have participated in an act or proceeding statements other than
those in fact made by them.
Requisites:
1. That the offender caused it to appear in a document that a person/s participated in an act
or a proceeding; and
2. That such person/s did not in fact so participate in the act or proceeding
3. Making untruthful statements in a narration of facts;
Requisites:
1. That the offender makes in a document statements in a narration of facts
2. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by
law to be done) and
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion or truth in the narration of facts was made with the wrongful intent of
injuring a third person
 There must be a narration of facts, not a conclusion of law. Must be on a material matter
 Legal obligation means that there is a law requiring the disclosure of the truth of the facts
narrated. Ex. Residence certificates
 The person making the narration of facts must be aware of the falsity of the facts narrated
by him. This kind of falsification may be committed by omission
1. Altering true dates. – date must be essential
2. Making any alteration or intercalation in a genuine document which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of the document
 4. That the change made the document speak something false.
5. Issuing in an authenticated form a document purporting to be a copy of an original document
when no such original exists, or including in such copy a statement contrary to, or different
from, that of the genuine original; (if no knowledge, falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry,
or official book. (genuine document)
7. In case the offender is an ecclesiastical minister, the act of falsification is committed with
respect to any record or document of such character that its falsification may affect the civil
status of persons.
 There is no crime of attempted or frustrated falsification of public document
 Persons liable – public officer, employee or notary public or ecclesiastical minister
 If offender does not take advantage of his public position, he may still be liable for
falsification of documents by a private person
 Document: any written statement by which a right is established or an obligation is
extinguished
 Not necessary that what is falsified is a genuine or real document, enough that it gives an
appearance of a genuine article
 Counterfeiting – imitating any handwriting, signature or rubric
 Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact
exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE
INDIVIDUAL (par 1)
 ELEMENTS
1. That the offender is a private individual or a public officer or employee who did not take
advantage of his official position.
2. That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or proceeding when
they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding statements other
than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which changes its
meaning.
7. That the falsification was committed in any public or official or commercial
document.
 Under this paragraph, damage is not essential, it is presumed
 Defense: lack of malice or criminal intent
 The following writings are public:
 Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash
files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit
and other negotiable instruments
  Cash disbursement vouchers or receipts evidencing payments are not commercial documents
 A mere blank form of an official document is not in itself a document
 The possessor of falsified document is presumed to be the author of the falsification
1. the written acts or records of cats of the sovereign authority of official bodies and tribunals,
and of the public officers, legislative, judicial and executive, whether of the Philippines or
of a foreign country.
2. Public records kept in the Philippines.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT

 ELEMENTS :
1. That the offender committed any of the acts of falsification, except those in paragraph 7 and
8, enumerated in art. 171.
2. That the falsification was committed in any private document (must affect the truth or
integrity of the document)
3. That the falsification caused damage (essential element; hence, no crime of estafa thus
falsification of private document) to a third party or at least the falsification was committed
with intent to cause such damage.
 Not necessary that the offender profited or hoped to profit from the falsification
 A document falsified as a necessary means to commit another crime must be public, official
or commercial
 There is no complex crime of estafa through falsification of a private document because the
immediate effect of the latter is the same as that of estafa
 If the estafa was already consummated at the time of the falsification of a private document
was committed for the purpose of concealing the estafa, the falsification is not punishable,
because as regards the falsification of the private document there was no damage or intent
to cause damage.
 A private document may acquire the character of a public document when it becomes part of
an official record and is certified by a public officer duly authorized by law
 The crime is falsification of public documents even if falsification took place before the
private document becomes part of the public records.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

 ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art.
172.
3. That he introduced said document in evidence in any judicial proceeding. (intent to cause
damage not necessary)
4. that the offender knew that a document was falsified by another person.
5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art.
172.
6. That he used such documents (not in judicial proceedings).
 7. That the use of the documents caused damage to another or at least was used with intent to
cause such damage.
2. Use in any other transaction
 The user of the falsified document is deemed the author of falsification, if:
1. the use is so closely connected in time with the falsification
2. the user had the capacity of falsifying the document

Falsification of Private Documents Falsification of Public/Official Documents

Prejudice to third persons is immaterial, what is

punished is the violation of public faith and
Prejudice to third party is an element perversion of truth which the document
of the offense. proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF
SAID FALSIFIED MESSAGES
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message

Requisites:

1. That the offender is an officer or employee of the government or an officer or employee of a

private corporation, engaged in the service of sending or receiving wireless, cable or
telephone message.
2. That the accused commits any of the following acts:

– uttering fictitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Falsifying wireless, telegraph or telephone message

Requisites:
1. That the offender is an officer or employee of the government or an officer or employee of a
private corporation, engaged in the service of sending or receiving wireless, cable or
telephone message.
2. That the accused commits any of the following acts:

– uttering fictitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Using such falsified message

Requisites:
 1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified
by any of the person specified in the first paragraph of art. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the
use thereof was with intent to cause such prejudice.
 The public officer, to be liable must be engaged in the service of sending or receiving
wireless, cable and telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE
LIKE:
 Persons liable:
1. Physician or surgeon who, in connection with the practice of his profession, issued a false
certificate (note: such certificate must refer to the illness or injury of a person)
2. Public officer who issued a false certificate of merit of service, good conduct or similar
circumstances
3. Private individual who falsified a certificate under (1) and (2)

Article 175
 ELEMENTS OF USING FALSE CERTIFICATES:
1. That a physician or surgeon has issued a false medical certificate, or a public officer has
issued a false certificate of merit or service, good conduct, or similar circumstances, or a
private person had falsified any of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION:
 Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or marks or other instruments or
implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced into the Philippines by another person
 The implement confiscated need not form a complete set
 Constructive possession is also punished

II. OTHER FALSITIES

Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
  2 ways of committing the crime:
1. By knowingly and falsely representing oneself to be an officer, agent or representative of any
department or agency of the Philippine gov’t or any foreign gov’t.
2. By performing an act pertaining to any person in authority or public officer of the Phil gov’t
or foreign gov’t under the pretense of such official position, and without being lawfully
entitled to do so.
 In usurpation of authority: The mere act of knowingly and falsely representing oneself is
sufficient. Not necessary that he performs an act pertaining to a public officer.
 In usurpation of official functions: It is essential that the offender should have performed an
act pertaining to a person in authority
 A public officer may also be an offender
 The act performed without being lawfully entitled to do so must pertain:
1. to the gov’t
2. to any person in authority
3. to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
 ELEMENTS (using fictitious name) :
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a passport)
 ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and
3. all other personal circumstances.
1. that the purpose is only to conceal his identity.

Use of Fictitious Name (178) Concealing True Name (178)

Element of publicity must be present Publicity not necessary

Purpose is to conceal a crime, to evade the

execution of a judgement, or to cause damage Purpose is to conceal identity

Article 179
 ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class
of persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
 an exact imitation of the dress or uniform is unnecessary
Article 180
 ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is either acquitted or
convinced in a final judgment (prescriptive period starts at this point)
 Requires criminal intent, can’t be committed through negligence. Need not impute guilt
upon the accused
 The defendant must at least be sentenced to a correctional penalty or a fine or must have
been acquitted
 The witness who gave false testimony is liable even if the court did not consider his
testimony
 Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
 False testimony by negative statement is in favor of the defendant
 False testimony need not in fact benefit the defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final judgement is not necessary). The false
testimony need not influence the acquittal
 A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to
another person the commission of the offense is liable under this article. If he merely denies
the commission of the offense, he is not liable.
 Basis of penalty: gravity of the felony charged against the defendant

Article 182
 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing the same to be false.
5. That the testimony must be malicious and given with an intent to affect the issues presented
in the said case
 Not applicable when testimony given in a special proceeding (in this case, the crime is
perjury)
 Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:
 1. That an accused made a statement under oath or made an affidavit upon a material matter.
2. That the statement or affidavit was made before a competent officer, authorized to receive
and administer oath.
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood, and
4. That the sworn statement or affidavit containing the falsity is required by law.

 2 ways of committing perjury:

 Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-
judicial proceedings and affidavits
 A false affidavit to a criminal complaint may give rise to perjury
 A matter is material when it is directed to prove a fact in issue
 A “competent person authorized to administer an oath” means a person who has a right to
inquire into the questions presented to him upon matters under his jurisdiction
 There is no perjury through negligence or imprudence since the assertion of falsehood must
be willful and deliberate
 Even if there is no law requiring the statement to be made under oath, as long as it is made
for a legal purpose, it is sufficient
 Perjury is an offense which covers false oaths other than those taken in the course of judicial
proceedings
 False testimony before the justice of the peace during the P.I. may give rise to the crime of
perjury because false testimony in judicial proceedings contemplates an actual trial where a
judgment of conviction or acquittal is rendered
 A person who knowingly and willfully procures another to swear falsely commits subornation
of perjury and the witness suborned does testify under circumstances rendering him guilty of
perjury.
 The false testimony is not in a judicial proceeding
1. by falsely testifying under oath
2. by making a false statement

Article 184
 ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:

a That the offender offered in evidence a false witness or false testimony.

b That he knew the witness or the testimony was false.

c That the offer was made in a judicial or official proceeding.

 Article applies when the offender without inducing another, but knowing him to be a false
witness, presented him and the latter testified falsely in a judicial or official proceeding
 The false witness need not be convicted of false testimony. The mere offer is sufficient.
 III. FRAUDS
Article 185
 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:

a That there be a public auction.

b That the accused solicited any gift or a promise from any of the bidders.

c That such gifts or promise was the consideration for his refraining from taking part in that
public auction.

d That the accused had the intent to cause the reduction of the price of the thing
auctioned.

 ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:

a That there be a public auction.

b That the accused attempted to cause the bidders to stay away from that public auction

c That it was done by threats, gifts, promises, or any other artifice.

d That the accused had the intent to cause the reduction of the price of the thing
auctioned.

Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
 Acts punished:
1. Combination to prevent free competition in the market
2. By entering into a contract or agreement or taking part in any conspiracy or combination in
the form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial
means free competition in the market (It is enough that initial steps are taken. It is not
necessary that there be actual restraint of trade)
3. Monopoly to restrain free competition in the market

– By monopolizing any merchandise or object of trade or commerce, by combining with any

person or persons to monopolize said merchandise or object in order to alter the prices thereof
by spreading false rumors or making use of any other artifice to restrain free competition in
the market

4. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any

person to make transactions prejudicial to lawful commerce or to increase the market price
of the merchandise.
 Person/s liable:
 Crime is committed by:
  The purpose is:
 Also liable as principals:
 Aggravated if items are:
1. manufacturer
2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to make transactions prejudicial to lawful commerce
2. to increase the market price of any merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the Phil
1. corporation/association
2. agent/representative
3. director/manager – who willingly permitted or failed to prevent commission of above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity

Article 187
 ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS:

a That the offender imports, sells or disposes of any of those articles or merchandise.

b That the stamps, brands, or marks or those articles or merchandise fails to indicate the
actual fineness or quality of said metals or alloys.

c That the offender knows that the said stamp, brand, or mark fails to indicate the actual
fineness or quality of the metals or alloys.

Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
 Acts punishable:

a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer
or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or
dealer upon any article of commerce and (b) selling the same.

b By selling or by offering for sale such article of commerce, knowing that the t/n or t/m
has been fraudulently used
c By using or substituting the service mark of some other person, or a colorable imitation of
such marks, in the sale or advertising of services

d By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a

colorable limitation thereof, to enable another person to fraudulently use the same, knowing
the fraudulent purpose for which it is to be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE
MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
 Acts punished:

a Unfair competition by selling his goods, giving them the general appearance of the goods
of another manufacturer or dealer

b Fraudulent designation of origin; false description by (a) affixing to his goods or using in
connection with his services a false designation of origin; or any false description or
representation, and (b) selling such goods or services

c Fraudulent registration by procuring fraudulently from the patent office the registration
of t/m, t/m or service mark.

 ELEMENTS:

a That the offender gives his goods the general appearance of the goods of another
manufacturer or dealer

b That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping
of their packages, or in the (c) device or words therein, or in (d) any other feature of their
appearance

c That the offender offers to sell or sells those goods or gives other persons a chance or
opportunity to do the same with a like purpose.

d That there is actual intent to deceive the public or defraud a competitor.