FALSE TESTIMONY – committed by a
Must be malicious and with an intent
person who, being under oath and required
to testify as to the truth of a certain matter at
a hearing before a competent authority,
shall deny the truth or say something
contrary to it.
ART. 180. FALSE TESTIMONY AGAINST
A DEFENDANT
ELEMENTS:
1. There be a criminal proceeding
2. Offender testifies falsely under oath
against the defendant
3. Offender knows that it is false
4. Defendant is either acquitted or
convicted in a final judgement
** penalty depends upon sentence of the
defendant.
** liable even if testimony is not considered
by the court.
ART. 181. FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
ELEMENTS:
1. Offender gives false testimony
2. In favor of defendant
3. In a criminal case
** punished due to the tendency to favor or
prejudice the defendant
** defendant himself may be held liable
** rectification made spontaneously after
realizing the mistake is not punishable
ART. 182. FALSE TESTIMONY IN A CIVIL
CASE
ELEMENTS:
1. Testimony must be given in a civil
case
2. Must relate to the issues presented
in said case
3. Testimony is false
4. Offender knows the same is false
5.
to affect the issues presented in the
case
** not applicable when given in special
proceedings
** penalty depends upon the amount in
controversy
** CIVIL ACTIONS = ordinary suit in a court
of justice, by which one party prosecutes
another for the enforcement or protection of
a right, or prevention or redress of a wrong.
Every other remedy is a special proceeding
** falsity of testimony must first be
established
ART. 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
2 WAYS OF COMMITTING PERJURY
1. By falsely testifying under oath
(should not be in a judicial
proceeding)
2. By making a false affidavit
ELEMENTS:
1. Accused made a statement under
oath or executed an affidavit upon a
material matter
2. Such statement/affidavit was made
before a competent officer,
authorized to receive and administer
oath
3. In the statement/affidavit accused
made a willful and deliberate
assertion of a falsehood
4. The sworn statement/affidavit is
required by law
** OATH = any form of attestation by which
a person signifies that he is bound in
conscience to perform an act faithfully and
truthfully. Involves the idea of calling on God
to witness what is averred as truth
** AFFIDAVIT = sworn statement in writing
made upon oath before an authorized
magistrate or officer
** MATERIAL MATTER = main fact which
is the subject of the inquiry or any
circumstance which tends to prove that fact
** MATERIAL = directed to prove a fact in
the issue
** RELEVANT = establish the probability or
improbability of a fact in issue
** PERTINENT = concerns collateral
matters which make more or less probable
the proposition at issue
** COMPETENT PERSON AUTHORIZED
TO ADMINISTER AN OATH = a person
who has a right to inquire into the questions
presented to him upon matters under his
jurisdiction
** NO PERJURY if sworn statement is not
material to the principal matter under
investigation
** NO PERJURY through negligence or
imprudence
** DEFENSES = good faith or lack of malice
** perjury is a crime other than false
testimony In criminal or civil cases. It is an
offense which covers false oaths other than
those taken in the course of judicial
proceedings
** 2 contradictory sworn statements are not
sufficient to be liable for perjury. Must first
be proven false
** SUBORNATION OF PERJURY =
committed by a person who knowingly and
willfully procures another to swear falsely
and the witness suborned does testify under
circumstances rendering him guilty of
perjury.
ART. 184. OFFERING FALSE
TESTIMONY IN EVIDENCE
ELEMENTS:
1. Offender offered in evidence a false
witness or testimony
2. He knew that it was false
3. Offer was made in a judicial or
official proceeding
** witness must first have to testify
** if there is inducement = Art. 180-183 will
apply in relation to Art. 7(2)
FRAUDS
1. Machinations in public auctions
2. Monopolies and Combinations in
restraint of trade
3. Importation and disposition of falsely
marked articles or merchandise
made of gold, silver, or other
precious metals
4. Substituting and altering trademarks
and tradenames or service marks
5. Unfair competition, fraudulent
registration of tradename,
trademark, or service mark;
fraudulent designation of origin and
false description
ART. 185. MACHINATIONS IN PUBLIC
AUCTIONS
ACTS PUNISHED:
1. By soliciting any gift or promise as a
consideration for refraining from
taking part in any public auction
ELEMENTS:
1. There be a public auction
2. Accused solicited any gift or a
promise from any of the bidders
3. Such gift/promise was the
consideration for his refraining from
taking part in the public auction
4. Accused had intent to cause the
reduction of the price of the thing
auctioned
** Consummated by mere solicitation
2. Attempting to cause bidders to stay
away from an auction by threats,
gifts, promises or any other artifice
ELEMENTS:
1. There be a public auction
2. Accused attempted to cause the
bidders to stay away from that public
auction
3. It was done by gifts, threats, promise
or any other artifice
4. Accused had the intent to cause the
reduction of the price of the thing
auctioned
** OTHER ARTIFICE = tricks, etc.
**mere attempted consummates the crime
** PH competition act prohibits fixing prices
at an auction in any form of bidding
 Bid cover, bid suppression, bid
rotation, market allocation
ART. 186. MONOPOLIES AND
COMBINATION IN RESTRAINT OF
TRADE.
*** REPEALED BY THE PHILIPPINE
COMPETITION ACT
** RESTIRCITNG COMPETITION AS TO
PRICE
** FIXING price at an auction or in any form
of bidding
** agreement = any type or form of contact,
arrangement, understanding, collective
recommendation, or concerted action
whether formal or informal, explicit or tacit,
written or oral
** an entity that controls, is controlled by or
is under common control with another entity,
have common economic interests, and are
not otherwise able to decide or act
independently of each other shall not be
considered as competitiors
ART. 187. IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MECHANDISE MADE OF
GOLD, SILVER OR OTHER PRECIOUS
MATERIALS
ELEMENTS:
1. Offender imports, sells or disposes
of any of those articles or merch
2. The stamps, brands or marks of
those articles fail to indicated the
actual finess or qualify of said items
3. Offender knows that the stamps,
brands, or marks fail to indicate the
actual fineness, or quality of the
items
** not necessary that they be sold. Evidence
of importation is important
** liability of manufacturer of misbranded
items = estafa
ART. 188-189. REPEALED BY THE
INTELLECTUAL PROPERTY CODE (RA
8293)
PENALTIES FOR INFRINGEMENT,
UNFAIR COMPETTION, FALSE
DESIGNATION OF ORGIN AND FALSE
DESCRIPTION OR REPRESENTATION
INFRINGEMENT = committed by any
person who shall, without the consent of the
owner of the registered mark:
 Use in commerce any reproduction,
counterfeit, copy or colorable
imitation of a registered mark which
is likely to cause confusion, mistake
or to deceive
 Reproduce, counterfeit, copy or
colorably imitate a registered
trademark or container and apply
such to labels, signs, prints,
packages, wrappers, advertisements
** MARK = any visible sign capable of
distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container
** TRADENAME = name or designation
identifying or distinguishing an enterprise
** TRADEMARK = used to indicated the
origin or ownership of the goods to which it
is affixed
ELEMENTS:
1. The validity of plaintiff’s trademark
2. Plaintiff’s ownership of the mark
 3. Use of the mark or its colorable
imitation by the alleged infringer
results in likelihood of confusion

TEST in determining confusing similarity

1. DOMINANCY TEST = focuses on

the similarity of the prevalent
features of the competing
trademarks which might cause
confusion or deception, and thus
infringement
2. HOLISTIC TEST = requires that the
entirety of the marks in question be
considered in resolving confusing
similarity. Comparison of words is
not the only determining factor

UNFAIR COMPETITION

Consists in employing deception or any

other means contrary to good faith by which
he shall pass off the goods manufactured by
him oe in which he deals or his business, or
services for those of the one having
established such goodwill, or who shall
commit any acts calculated to produce said
result

ELEMENTS:

1. Confusing similarity in the general

appearance of the goods
2. Intent to deceive the public and
defraud a competitor

** true test = whether certain goods have

been clothed with an appearance which is
likely to deceive the ordinary purchaser
exercising ordinary care, and whether
certain limited class of purchasers could
avoid mistake by the exercise of this special
knowledge